2022-10-10 CITY COUNCIL REGULAR MEETING AGENDA PROCLAMATION PRESENTATION: NATIONAL COMMUNITY PLANNING MONTH
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CITY COUNCIL REGULAR MEETING
AGENDA
OCTOBER 10, 2022 6:30 PM
PEARLAND CITY HALL (COUNCIL CHAMBERS 13519 LIBERTY DRIVE
I. CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
III. ROLL CALL AND CERTIFICATION OF QUORUM
Mayor J. Kevin Cole, Mayor Pro-Tern Tony Carbone, Councilmembers Joseph
Koza, Alex Kamkar, Adrian Hernandez, Layni Cade, Jeffrey Barry, Woody
Owens.
IV. CITIZEN COMMENTS
In order to hear all citizen comments at a reasonable hour, the City Council requests
that speakers respect the three-minute time limit for individual comments and the five-
minute time limit for an individual speaking on behalf of a group. This is not a
question-answer session, however, it is an opportunity to voice your thoughts with City
Council.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by the Director of Community Development of the
City of Pearland for approval of a permanent zone classification of Suburban
Residential-15 (SR-15) District for a newly annexed tract of land totaling
approximately 7.7335 acres, to wit:
Legal Description: The West one-half (W 1/2) of Lot or Tract No. 11 of the
Allison Richey Gulf Coast Home Company Subdivision of Section No. 25,
situated in the H.T. & B. R. R. Company Survey, Abstract No. 245, Brazoria
County, Texas, according to the Map of Record in Volume 2, Page 10, Plat
Records of Brazoria County, Texas.
General Location: 5806 Bailey Road, Pearland, Texas.
Public Hearing:Zone Change Application-ZONE22-14 AIR-22-503- Pdf
City Council Regular Meeting - Oct 10 2022
VI. NEW BUSINESS
1. Consideration and Possible Action - First Reading of Ordinance No.
2000M-234 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 2000M, the zoning map of the City of Pearland,
Texas, for the purpose of changing the classification of certain property; being
the West one-half (W 1/2) of Lot or Tract No. 11 of the Allison Richey Gulf Coast
Home Company Subdivision of Section No. 25, situated in the H.T. & B. R. R.
Company Survey, Abstract No. 245, Brazoria County, Texas, according to the
Map of Record in Volume 2, Page 10, Plat Records of Brazoria County, Texas
(located at 5806 Bailey Road, Pearland, Texas). Zone Change Application
No. ZONE 22-14, a request by the Director of Community Development of the
City of Pearland for approval of a permanent zone classification of Suburban
Residential-15 (SR-15) District for a newly annexed tract of land; providing
for an amendment of the zoning district map; containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
Consideration and Possible Action- First Reading of Ordinance No. 2000M-234 AIR-22-504-
Pdf
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by the Director of Community Development of the
City of Pearland for approval of a permanent zone classification of Suburban
Residential-15 (SR-15) District for a newly annexed tract of land totaling
approximately 15.139 acres, to wit:
Legal Description: A 15.139 acres tract of land, being Lots 3A, 3B and 4 of
Kanawha-Texas Company Subdivision of Parts of Section 18 & 22, situated
within the H.T. & B. R. R. Company Survey, Abstract No. 547, Brazoria
County, Texas, according to the Map or Plat recorded in Volume 2, Page 51 of
the Plat Records of Brazoria County, Texas.
General Location: 3525 Charles Avenue, Pearland, Texas.
Public Hearing:Zone Change Application-ZONE 22-15 AIR-22-505- Pdf
VIII. NEW BUSINESS
2. Consideration and Possible Action - First Reading of Ordinance No.
2000M-235 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 2000M, the zoning map of the City of Pearland,
Texas, for the purpose of changing the classification of certain property; being
15.139 acres tract of land, being Lots 3A, 3B and 4 of Kanawha-Texas
Company Subdivision of Parts of Section 18 & 22, situated within the H.T. & B.
R. R. Company Survey, Abstract No. 547, Brazoria County, Texas, according
to the Map or Plat recorded in Volume 2, Page 51 of the Plat Records of
Brazoria County, Texas (located at 3525 Charles Avenue, Pearland, Texas).
Zone Change Application No. ZONE 22-15, a request by the Director of
Community Development of the City of Pearland for approval of a permanent
zone classification of Suburban Residential-15 (SR-15) District for a newly
annexed tract of land; providing for an amendment of the zoning district map;
City Council Regular Meeting - Oct 10 2022
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
Consideration and Possible Action- First Reading of Ordinance No. 2000M-235 AIR-22-506-
Pdf
IX. PUBLIC HEARING NO. 3
3. Public Hearing: A request by Justin Barnett, applicant, on behalf of Triangle
31 Properties LLC, owner, for approval of reinstatement and amendments of
the French Quarter Planned Development, on approximately 62.39 acres of
land, to wit:
Legal Description: Being a 62.39 acres tract of land situated in the H.T. &
B.R.R. Company Survey, Section No. 28, Abstract No. 551, Brazoria County,
Texas, and being all of a called 31.628 acre tract of land described as Tract 1
in General Warranty Deed to Triangle 31 Properties as recorded in No.
2007017677 of the Official public Records of Brazoria County, Texas, and
being all of Lots 161, 163, 164 and 175 of the Zychlinksi Subdivision as
recorded in Volume 29, Page 9 of the Brazoria County Deed, and being all of a
called 30.84-acre tract of land described in Correction Special Warranty Deed
to Triangle 31 Properties as recorded in Instrument No. 2020070090 of the
Official Public Records of Brazoria County, Texas.
General Location: 3900 Block of Pearland Parkway, Pearland, Texas.
Public Hearing:Zone Change Application-ZONE 22-20 AIR-22-507- Pdf
X. NEW BUSINESS
3. Consideration and Possible Action - First Reading of Ordinance No.
2000M-236 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 2000M, the zoning map of the City of Pearland,
Texas, for the purpose of changing the classification of certain property; being
a 62.39 acres tract of land situated in the H.T. & B.R.R. Company Survey,
Section No. 28, Abstract No. 551, Brazoria County, Texas, and being all of a
called 31.628 acre tract of land described as Tract 1 in General Warranty Deed
to Triangle 31 Properties as recorded in No. 2007017677 of the Official public
Records of Brazoria County, Texas, and being all of Lots 161, 163, 164 and
175 of the Zychlinksi Subdivision as recorded in Volume 29, Page 9 of the
Brazoria County Deed, and being all of a called 30.84-acre tract of land
described in Correction Special Warranty Deed to Triangle 31 Properties as
recorded in Instrument No. 2020070090 of the Official Public Records of
Brazoria County, Texas (located at 3900 Block of Pearland Parkway,
Pearland, Texas). Zone Change Application No. ZONE 22-20, a request by
request by Justin Barnett, applicant, on behalf of Triangle 31 Properties LLC,
owner, for approval of reinstatement and amendments of the French Quarter
Planned Development, on approximately 62.39 acres of land; providing for an
amendment of the zoning district map; containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
Consideration and Possible Action- First Reading of Ordinance No. 2000M-236 AIR-22-508-
Pdf
City Council Regular Meeting - Oct 10 2022
Xl. PUBLIC HEARING NO. 4
4. Public Hearing: A request by Andrew Lang, BGE, Inc., applicant, on behalf of
RMJ Miller Real Estate Holdings, owner, for approval of a zone change from
Residential Estate (R-E) District to Planned Development (PD) District,
incorporating approximately 79.42 acre of land into the Massey Oak Planned
Development, to wit:
Legal Description: Being a 79.42-acre tract of land situated in the H.T. & B.
R.R. CO. Survey, Section 32, Abstract No. 525 of Brazoria County, Texas and
being out of a called 247.91-acre tract of land described in an instrument to
RMJ Miller Real Estate Holdings, LTD., recorded under Brazoria County
Clerk's File No. 2001055633 and corrected under Brazoria County Clerk's File
No. 2002020349.
General Location: South of Old Massey Ranch Road, East of the Future
Harkey Road and West of McLean Road.
Public Hearing:Zone Change Application-ZONE 22-22 AIR-22-510- Pdf
XII. NEW BUSINESS
4. Consideration and Possible Action - First Reading of Ordinance No.
2000M-237 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 2000M, the zoning map of the City of Pearland,
Texas, for the purpose of changing the classification of certain property; being
a 79.42-acre tract of land situated in the H.T. & B. R.R. CO. Survey, Section
32, Abstract No. 525 of Brazoria County, Texas and being out of a called
247.91-acre tract of land described in an instrument to RMJ Miller Real Estate
Holdings, LTD., recorded under Brazoria County Clerk's File No. 2001055633
and corrected under Brazoria County Clerk's File No. 2002020349 (located
South of Old Massey Ranch Road, East of the Future Harkey Road and
West of McLean Road). Zone Change Application No. ZONE 22-22, a request
by request by Andrew Lang, BGE, Inc., applicant, on behalf of RMJ Miller Real
Estate Holdings, owner, for approval of a zone change from Residential
Estate (R-E) District to Planned Development (PD) District, incorporating
approximately 79.42 acre of land into the Massey Oak Planned Development;
providing for an amendment of the zoning district map; containing a savings
clause, a severability clause, and an effective date and other provisions related
to the subject.
Consideration and Possible Action- First Reading of Ordinance No. 2000M-237 AIR-22-513-
Pdf
XIII. PUBLIC HEARING NO. 5
5. Public Hearing: A request by Tessie Gurley, 2 Barnetts Ltd, applicant and
owner, for approval of a Conditional Use Permit (CUP) for Heavy Machinery
Sales, Storage, Rental & Repair Combined Tool and Machinery Rental (Indoor
Storage only) use on approximately 3.4248 acres of land within the General
Commercial (GC) District, to wit:
City Council Regular Meeting - Oct 10 2022
Legal Description: 3.4248 acres of land, more or less, being a portion of Tract
37, of the W. Zychlinski's Subdivision of the H.T & B.R.R. Company Survey,
Section No. 2, Abstract No. 542, Brazoria County, Texas.
General Location: 1715 Main Street, Pearland, TX.
Public Hearing: Conditional Use Permit Application-CUP 22-20 AIR-22-514-Pdf
XIV. NEW BUSINESS
5. Consideration and Possible Action - Resolution No. R2022-CUP 22-20 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Heavy Machinery Sales, Storage, Rental &
Repair Combined Tool and Machinery Rental (Indoor Storage only) use
within the General Commercial (GC) District, on approximately 3.4248
acres of land,being described as 3.4248 acres of land, more or less, being a
portion of Tract 37, of the W. Zychlinski's Subdivision of the H.T & B.R.R.
Company Survey, Section No. 2, Abstract No. 542, Brazoria County, Texas
(located at 1715 Main Street, Pearland, TX). Conditional Use Permit
Application No CUP22-20, for Heavy Machinery Sales, Storage, Rental &
Repair Combined Tool and Machinery Rental (Indoor Storage only) use within
the General Commercial (GC) District, at the request of Tessie Gurley, 2
Barnetts Ltd, applicant and owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
Consideration and Possible Action- Resolution No. R2022-CUP 22-20 AIR-22-515-Pdf
XV. PUBLIC HEARING NO. 6
6. Public Hearing: A request by Haley Frentz, Riot Salon LLC, applicant, on
behalf of Danny Newberry representing VIG Pearland LLC, owner, for approval
of a Conditional Use Permit (CUP) for Massage Establishment use on
approximately 1.771 acres of land located within the General Commercial (GC)
District. to wit:
Legal Description: 1.771-acre tract in the Perry &Austin League, Abstract No.
111, Brazoria County, Texas, said 1.771-acre tract is part of Lots 8, 9 and 10 in
the George W. Jenkins Subdivision as recorded in Volume 2, Page 20 in the
Brazoria County Plat Records and is further described as being the remainder
of a 2.8472-acre tract described in a deed to Barnett Drywall & Supply, Inc. as
recorded in Volume 1384, Page 969 in the Brazoria County Deed Records.
General Location: 1331 Broadway, Suite K, Pearland, TX.
Public Hearing: Conditional Use Permit Application-CUP22-22 AIR-22-516-Pdf
XVI. NEW BUSINESS
6. Consideration and Possible Action - Resolution No. R2022-CUP 22-22 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Massage Establishment use within the
General Commercial (GC) District, on approximately 1.771 acres of land,
being described as 1.771-acre tract in the Perry & Austin League, Abstract No.
111, Brazoria County, Texas, said 1.771-acre tract is part of Lots 8, 9 and 10 in
City Council Regular Meeting - Oct 10 2022
the George W. Jenkins Subdivision as recorded in Volume 2, Page 20 in the
Brazoria County Plat Records and is further described as being the remainder
of a 2.8472-acre tract described in a deed to Barnett Drywall & Supply, Inc. as
recorded in Volume 1384, Page 969 in the Brazoria County Deed Records
(located at 1331 Broadway, Suite K, Pearland, TX). Conditional Use Permit
Application No CUP22-22, for Massage Establishment use within the General
Commercial (GC) District, at the request of Haley Frentz, Riot Salon LLC,
applicant, on behalf of Danny Newberry representing VIG Pearland LLC,
owner, containing a savings clause, a severability clause, and an effective date
and other provisions related to the subject.
Consideration and Possible Action- Resolution No. R2022-CUP 22-22 AIR-22-517-Pdf
XVII. PUBLIC HEARING NO. 7
7. Public Hearing: A request by the City of Pearland, applicant, for approval of
proposed amendments to the Unified Development Code (UDC), Ordinance
No. 2000T, in accordance with Section 1.1.4.1 of the Unified Development
Code, to include:
1. Amendments to Chapter 2, Section 2.2.5.5 and Section 2.5.3.2 (c) and
Chapter 5, to update use tables and definitions for Outside/Outdoor
Uses (Display, Storage, and Sales), and Section 2.5.3.2 (c) to include
Regulations to allow a permitted by right option for Outdoor Storage in
the GB and GC Districts.
2. Amendments to Chapter 2, Section 2.4.5.1 (i) (4) to allow alternative
subdivision fence materials along Corridor Overlay District Roads.
3. Amendments to Chapter 2, Section 2.2.5.5 to remove
Furniture/Appliances - Open Storage & Retail Sale and Amend Land
Use Matrix; and Chapter 4, Article 2, Section 4.2.1.2(a), to update
parking requirements for Furniture and/or Appliance Store (Retail or
Rental Only, Indoor Only).
Public Hearing: Proposed Amendments to the Unified Development Code- UDC 2000-T-38 AIR-
22-528-Pdf
XVIII. NEW BUSINESS
7. Consideration and Possible Action - First Reading of Ordinance No. UDC
2000-T-38 - An Ordinance of the City Council of the City of Pearland, Texas,
for the purpose of amending to the Unified Development Code of the City of
Pearland, Texas, Ordinance No. 2000T, Chapter 2, Section 2.2.5.5 and
Section 2.5.3.2 (c) and Chapter 5, Section 5.1.1.1(a) to update use tables and
definitions for Outside/Outdoor Uses (Display, Storage, and Sales); Section
2.5.3.2 (c) to include Regulations to allow a permitted by right option for
Outdoor Storage in the GB and GC Districts; Chapter 2, Section 2.4.5.1 (i) (4)
to allow alternative subdivision fence materials along Corridor Overlay District
Roads; Chapter 2, Section 2.2.5.5 to remove Furniture/Appliances - Open
Storage & Retail Sale and Amend Land Use Matrix; and Chapter 4, Section
4.2.1.2(a), to update parking requirements for Furniture and/or Appliance Store
(Retail or Rental Only, Indoor Only); and containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
City Council Regular Meeting - Oct 10 2022
Consideration and Possible Action- First Reading of Ordinance No. UDC 2000-T-38 AIR-22-529
-Pdf
XIX. CONSENT AGENDA
All items listed under the "Consent Agenda" are considered to be routine and require
little or no deliberation by the City Council. These items will be enacted/approved by
one motion unless a councilmember requests separate action on an item, in which
event the item will be removed from the Consent Agenda and considered by separate
action (VI. Matters Removed from Consent Agenda). Approval of the Consent Agenda
enacts the items of legislation.
A. Consideration and Possible Action -Approval of minutes for the City Council
Special Meeting and the City Council Regular Meeting held on September 26,
2022.
Approval of Minutes AIR-22-518- Pdf
B. Consideration and Possible Action - Resolution No. R2022-229 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for the Green Tee Re-Pump Project, to KR Allen
Industrial Services, in the amount of$70,900.72.
Green Tee Re-Pump Construction Contract AIR-22-411 -Pdf
C. Consideration and Possible Action - Resolution No. R2022-230 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
design contract with Gauge Engineering, associated with the Clear Creek Trail
Project (Town Ditch/Preserve at Highland Glen to Pearland Parkway at UHCL),
in the additional amount of$104,749.44 (total contract of$722,846.35).
Clear Creek Trail Contract Amendment AIR-22-465- Pdf
D. Consideration and Possible Action - Resolution No. R2022-231 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
design contract with Freese and Nichols, Inc., associated with the Sanitary
Sewer Rehabilitation Project in Barry Rose Basin 3, in the amount of
$494,670.00.
Sanitary Sewer Rehabilitation- Barry Rose 3 Design Contract AIR-22-113- Pdf
E. Consideration and Possible Action - Resolution No. R2022-234 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager to participate in an interlocal pricing arrangement with Buyboard
for the purchase of Fire Department medical supplies in the estimated amount
of $120,000, from Bound Tree Medical for the period of November 23, 2022
through November 22, 2023.
Fire Department Medical Supplies AIR-22-426-Pdf
F. Consideration and Possible Action - Resolution No. R2022-235 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to participate in an interlocal cooperative pricing
arrangement with the Houston-Galveston Area Council (HGAC) for the unit
supply purchase of Fire Department Radio Equipment, in the estimated
amount of$286,115.56, from Motorola Solutions, Inc.
Fire Department Radio Replacement AIR-22-468-Pdf
G. Consideration and Possible Action - Resolution No. R2022-236 - A
City Council Regular Meeting - Oct 10 2022
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager to participate in an interlocal pricing arrangement with Buyboard
for the unit supply purchase of Fire Department medical supplies, in the
estimated amount of $120,000, from Life Assist, Inc. for the period of
November 23, 2022 through November 22, 2023.
Fire Department Medical Supplies AIR-22-498-Pdf
H. Consideration and Possible Action - Resolution No. R2022-237 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a unit
supply contract for the purchase of Police Department Uniforms with Cop Stop,
in the estimated amount of $122,400.00, for the period of October 14, 2022
through October 13, 2023.
Cop Stop Renewal AIR-22-500- Pdf
Consideration and Possible Action - Resolution No. R2022-238 - A
Resolution of the City Council of the City of Pearland, Texas, rejecting any and
all Proposals associated with a Public Works Staffing Study.
Facilities Staffing Study rejections of all bids AIR-22-499-Pdf
XX. NEW BUSINESS CONTINUED
8. Consideration and Possible Action - Resolution No. R2022-228 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the Clear Creek Estates Road
Repair Project, to Tandem Services, in the amount of$871,325.00.
Clear Creek Estates Road Repair AIR-22-398-Pdf
9. Consideration and Possible Action - Resolution No. R2022-205 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the installation of the Safe
Routes to School Project, to MetroCity, LLC, in the amount of$2,126,381.00.
Safe Routes to School Construction Contract AIR-21-612-Pdf
10. Consideration and Possible Action - Resolution No. R2022-204 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
construction management and construction inspection services contract with
Cobb Fendley Associates, Inc., in the estimated amount of $264,565.30, for
the Safe Routes to School Project.
Safe Routes to School Construction Management Construction Inspection Contract AIR-22-121 -
Pdf
11. Consideration and Possible Action - Resolution No. R2022-208 - A
Resolution of the City Council of the City of Pearland, Texas, amending Task
No. 5 (Task 5B) with Ardurra Group LLC, in the estimated amount of
$999,974.00, for Owner's Representative construction phase services
associated with the Surface Water Plant Project.
Surface Water Plant Owner's Rep Contract Amendment AIR-22-460- Pdf
12. City Council Input and Discussion — Southeast Pearland TIRZ#3.
City Council Input and Discussion—Southeast Pearland TIRZ#3 AIR-22-362- Pdf
XXI. MATTERS REMOVED FROM CONSENT AGENDA
XXII. OTHER BUSINESS
City Council Regular Meeting - Oct 10 2022
XXIII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
XXIV. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
The City Council will now hold a closed executive meeting pursuant to the provision of
Chapter 551, Texas Government Code, in accordance with the authority contained in:
Texas Government Code 551.072- Deliberations regarding the sale,
purchase, lease or exchange of real property.
Executive Session-Sale, Purchase, Lease or Exchange of Real Property AIR-22-530-Pdf
Texas Government Code Section 551.074 — Personnel Matters —
Deliberations regarding an appointment for an Associate Judge.
Executive Session-Appointing New Associate Judge AIR-22-520- Pdf
XXV. NEW BUSINESS CONTINUED
13. Consideration and Possible Action - Regarding the sale, purchase, lease or
exchange of real property.
Executive Session-Sale, Purchase, Lease or Exchange of Real Property AIR-22-531 -Pdf
14. Consideration and Possible Action - Regarding an appointment for an
Associate Judge.
Executive Session-Appointing New Associate Judge AIR-22-533- Pdf
XXVI. ADJOURNMENT
If you plan to attend this public meeting and you have a disability that requires special
arrangements at the meeting, please contact the City Secretary at 281.652.1840 or by e-mail at
citysecretary@pearlandtx.gov. Requests for special services must be received Forty-eight (48)
hours prior to the meeting time. Reasonable accommodations will be made to assist your
needs.
I, Frances Aguilar, City Secretary, do hereby certify that this Notice of Meeting was posted on
the City Hall bulletin board, a place convenient and readily accessible to the general public at all
times, and on the City's website, https://www.pearlandtx.gov/, in compliance with Chapter 551,
Texas Government Code. This said Notice of the City of Pearland City Council Regular Meeting
for October 10, 2022, was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on
October 6, 2022, by 6:00 p.m. and remained so posted continuously for at least 72 hours
proceeding the scheduled time of the said meeting.
Frances Aguilar, TRMC, MMC
City Secretary
City Council Regular Meeting - Oct 10 2022