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2024-03-04 City Council Regular Meeting Minutes Pearland City Council Minutes March 04, 2024 CITY OF PEARLAND, TEXAS CITY COUNCIL REGULAR MEETING MINUTES MARCH 4, 2024 The City Council of Pearland, Texas convened in a meeting on Monday, March 4, 2024 at the Pearland City Hall Council Chambers, 3519 Liberty Drive, Pearland, Texas. The following represents the actions taken by City Council in the order they occurred during the meeting. All motions are made by Council in consecutive order, as determined by the Mayor. I. CALL TO ORDER Mayor J. Kevin Cole called the meeting to order at 6:30 p.m. II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Councilmember Carbone gave the Invocation and Councilmember Chavarria led the Pledge of Allegiance to the United States of America Flag and the Texas Flag. III. ROLL CALL AND CERTIFICATION OF QUORUM Mayor J. Kevin Cole Mayor Pro-Tem Joseph Koza Councilmember Tony Carbone Councilmember Mona Chavarria Councilmember Adrian Hernandez Councilmember Layni Cade Councilmember Chad Thumann City Manager Trent Epperson City Attorney Darrin Coker City Secretary Frances Aguilar All members were present except for Councilmember Rushi Patel. IV. CITIZEN COMMENTS Mark Chapmon, 1938 Garden Rd., #173, expressed his concerns regarding the lack of ADA compliance in businesses within the City. V. PUBLIC HEARING NO. 1 1. Public Hearing: A request by Salicia Grosse, applicant, on behalf of Charolette Mills, owner, for approval of a Conditional Use Permit (CUP) for a Beauty School within the Old Town-General Business-- (OT-GB) District, on approximately 0.1159 acres of land, to wit: Legal Description: The South 67.30 feet of Lots 8, 9, and 10, in Block 18, of Pearland Townsites, an addition to the City of Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41, of the Deed Records of Brazoria County, Texas. Page 1 of 6 DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Pearland City Council Minutes March 04, 2024 General Location: 2400 South Texas Avenue, Pearland, TX. Mayor Cole opened the Public Hearing. Presentation provided by Martin Griggs, Assistant Director of Community Development. Salicia Grosse, applicant, was present to answer questions from the Council. There were no public comments. Mayor Cole closed the Public Hearing. VI. NEW BUSINESS NO. 1 1. Consideration and Possible Action - Resolution No. R2024-CUP24-06 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Beauty School use, within the Old Town-General Business (OT-GB) District, to accommodate a beauty school, on approximately 0.1159 acres of land, being the South 67.30 feet of Lots 8, 9, and 10, in Block 18, of Pearland Townsites, an addition to the City of Pearland, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 29, Page 41, of the Deed Records of Brazoria County, Texas (located at 2400 South Texas Avenue, Pearland, TX). Conditional Use Permit Application No CUP24-06, for Beauty School use, within the Old Town-General Business (OT-GB) District, at the request of Salicia Grosse, applicant, on behalf of Charolette Mills, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Carbone made the motion, seconded by Mayor Pro-Tem Koza, to approve Resolution No. R2024-CUP24-06. AYES: Koza, Carbone, Chavarria, Hernandez, Cade, and Thumann. NAYS: None. The motion carried. VII. PUBLIC HEARING NO. 2 2. Public Hearing: A request by Drake Dominy, Pelican Builders and Andy Hall, Kimley-Horn and Associates, applicants, on behalf of CBL Pearland Town Center Op PropCo and Pearland Town Center LP, owners, for approval of amendments to the Pearland Town Center Planned Unit Development, on approximately 37.4604 acres of land, to wit: Legal Description: Being Lots 14, 15, 16 & Reserve C of Amending Plat of the Plat of Replat of Pearland Town Center, a subdivision recorded in File No. 2008005836 in the Official Records of Brazoria County, Texas. Page 2 of 6 DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Pearland City Council Minutes March 04, 2024 General Location: South Side of 11200 Broadway Street, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation provided by Martin Griggs, Assistant Director of Community Development. Drake Dominy, Senior Vice President with Pelican Builders Inc. and Ethan Harwell, AICP with Pelican Builders, applicants, were present to answer questions from the Council. Matt Peno, General Manager at Pearland Town Center, spoke on behalf of CBL Properties, giving a history of the property being considered. Melissa Flores, 3407 Klebert Ct., expressed opposition regarding potential light pollution. Susan Ballard, 11413 Grimes Ave., expressed opposition regarding public safety. Manish Patel, 11405 Tara Pl., expressed opposition regarding noise pollution. Valerie Hobson, 11516 Rashell Way, expressed opposition regarding light pollution and public safety. Yolanda Ames, 11505 Rashell Way, expressed opposition regarding overpopulation of schools within the City and home values in the area. Bernadette Fini, 11215 Harris Ave., expressed opposition regarding public safety. Cheri Harmon, 3512 Madison Dr., expressed opposition regarding public safety and home values in the area. Alesia Brantley, 11211 Grimes Ave., expressed opposition regarding public safety. Susan Wilson, 3406 Medina Ct., expressed opposition regarding potential drainage issues the new development could cause in the area and public safety. Bency John, 11409 Tara Pl., was not present to speak. Chris Dieter, 11218 Armstrong Ln., expressed opposition regarding public safety. Bob Lewis, 2236 N. Galveston Ave., is in favor of the new development. Page 3 of 6 DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Pearland City Council Minutes March 04, 2024 Erron Davis, 11209 Briscoe Ln., expressed opposition regarding public safety. Mayor Cole closed the Public Hearing. VIII. NEW BUSINESS NO. 2 2. Consideration and Possible Action - First Reading of Ordinance No. 2000M-255 - 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 Lots 14, 15, 16 & Reserve C of Amending Plat of the Plat of Replat of Pearland Town Center, a subdivision recorded in File No. 2008005836 in the Official Records of Brazoria County, Texas (located at South Side of 11200 Broadway Street, Pearland, Texas). Zone Change Application No. ZONE 24-01, a request by Drake Dominy, Pelican Builders and Andy Hall, Kimley-Horn and Associates, applicants, on behalf of CBL Pearland Town Center Op PropCo and Pearland Town Center LP, owner, for approval of amendments to the Pearland Town Center Planned Unit Development, on approximately 37.4604 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. Councilmember Chavarria made the motion, seconded by Councilmember Carbone Ordinance No. 2000M-255. Mayor Pro-Tem Koza made the motion, seconded by Councilmember Cade, to amend Ordinance No. 2000M-255 to include Dark Sky standards and screen of trees on the south property line. AYES: Koza, Carbone, Chavarria, Hernandez, Cade, and Thumann. NAYS: None. The motion carried. Councilmember Chavarria made the motion, seconded by Councilmember Carbone, to approve Ordinance No. 2000M-255 as amended. AYES: Koza, Chavarria, Hernandez, and Thumann. NAYS: Carbone and Cade. The motion carried. IX. CONSENT AGENDA A. Consideration and Possible Action - Resolution No. R2024-36 - A Resolution of the City Council of the City of Pearland, Texas, accepting the City’s Investment Report for the quarter ending December 2023. B. Consideration and Possible Action - Second and Final Reading of Page 4 of 6 DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Pearland City Council Minutes March 04, 2024 Ordinance No. 2000M-254 - 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 Parcel 1: being described as a tract or parcel containing 4.190 acres of land situated in the W.D.C Hall Survey, Abstract Number 70, Harris County, Texas; being out of a called 8.031-acre tract of land conveyed to Golden Rule Services Inc. as described by deed recorded under Brazoria County Clerk’s File (B.C.C.F) Number 2011023182; Parcel 2: being a tract or parcel containing 2.119 acres of land situated in the W.D.C Hall Survey, Abstract Number 70, Harris County, Texas; being out of a called 8.031-acre tract of land conveyed to Golden Rule Services Inc. as described by deed recorded under Brazoria County Clerk’s File (B.C.C.F) Number 2011023182 (located at 3801 Liberty Drive, Pearland, Texas). Zone Change Application No. ZONE 23-16, a request by Mona Malone, applicant, on behalf of JKM5 Liberty LLC., owner, for approval of a zone change from Single-Family Residential-2 (R-2) District to Office & Professional (OP) District; 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. C. Consideration and Possible Action - Resolution No. R2024-33 - A Resolution of the City Council of the City of Pearland, Texas, ratifying emergency expenditures with O’Day Drilling, for emergency repairs to the Cullen Water Well, in the amount of $130,259.00. Mayor Pro-Tem Koza made the motion, seconded by Councilmember Carbone, to approve Consent Agenda Items A-C. AYES: Koza, Carbone, Chavarria, Hernandez, Cade, and Thumann. NAYS: None. The motion carried. X. MATTERS REMOVED FROM CONSENT AGENDA There were no items removed from Consent Agenda. XI. OTHER BUSINESS There were no other business items. XII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There were no issues to disscuss. XIII. ADJOURNMENT Mayor Cole adjourned the meeting at 8:21 p.m. The Minutes were approved on this the 25th day of March 2024. Page 5 of 6 DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE Pearland City Council Minutes March 04, 2024 City of Pearland, Texas J. Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary Page 6 of 6 DocuSign Envelope ID: 0CD57C40-DC40-4143-AD02-00EC7FD2A8FE