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2024-09-09 City Council Regular Meeting Minutes Pearland City Council Minutes September 09, 2024 CITY OF PEARLAND, TEXAS CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 9, 2024 The City Council of Pearland, Texas convened in a meeting on Monday, September 9, 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 Mayor Pro-Tem Carbone gave the Invocation and Councilmember Byrom 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 Tony Carbone Councilmember Joseph Koza Councilmember Mona Chavarria Councilmember Clint Byrom Councilmember Layni Cade Councilmember Chad Thumann Councilmember Rushi Patel City Manager Trent Epperson City Attorney Darrin Coker Deputy City Secretary Gladis Sanchez All members were present. IV. CITIZEN COMMENTS Retired Colonel James Henderson, 2725 Shauntel St., expressed his concern about the construction on 518 and Shauntel St. John Fischer, 2938 Helmsley Dr., spoke about the achievements of Animal Control from 2020-2023, with no additional assistance. Councilmember Byrom took a point of personal privilege to wish his daughter, Rebecca Byrom, Happy Birthday. V. CONSENT AGENDA A. Consideration and Possible Action - Approval of the minutes of the Page 1 of 12 Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Pearland City Council Minutes September 09, 2024 Pearland City Council Special Meeting held on August 19, 2024; the City Council Workshop Meeting held on August 19, 2024; and the City Council Regular Meeting held on August 26, 2024. B. Consideration and Possible Action - Excuse the absence of Councilmember Mona Chavarria from the August 26, 2024 City Council Regular Meeting. C. Consideration and Possible Action - Resolution No. R2024-184 - A Resolution of the City Council of the City of Pearland, Texas, establishing the Council Meeting times and dates for 2025. D. Pulled for discussion. E. Consideration and Possible Action - Second and Final Reading of Ordinance No. 1637 - An Ordinance of the City Council of the City of Pearland, Texas, designat-ing and describing a Reinvestment Zone (to be known as Reinvestment Zone #31) generally located at the intersection of McHard Road and SH35, in accordance with the Property Redevelopment and Tax Abatement Act; finding that the improvements sought are feasible and practical and would be a benefit to the land to be included in the zone and the municipality; adopting a Project Plan for the Reinvestment Zone; having a savings clause and a severability clause; and an effective date. F. Consideration and Possible Action - Resolution No. R2024-178 - A Resolution of the City Council of the City of Pearland, Texas, renewing a kennel cleaning services contract for the Shari D. Coleman Animal Shelter and Adoption Center, with Ambassador Services, LLC, in the amount of $74,000.00 for the period of September 1, 2024 through August 31, 2025. G. Consideration and Possible Action - Resolution No. R2024-181 - A Resolution of the City Council of the City of Pearland, Texas, awarding a supply contract, through an interlocal pricing arrangement with Public Safety Association Inc./SAVVIK Buying Group for the purchase of Fire Department medical equipment (Monitor/Defibrillator), to Zoll Medical, in the estimated amount of $110,556.22. H. Pulled for discussion. I. Consideration and Possible Action - Resolution No. R2024-182 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with Design Workshop, Inc., for planning and legal services associated with the update of the Unified Development Code, in the estimated amount of $340,000.00. THIS ITEM HAS BEEN PULLED FROM THE AGENDA. Councilmember Koza made the motion, seconded by Councilmember Cade to approve Consent Agenda items A - H, except for D and H. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. Page 2 of 12 Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Pearland City Council Minutes September 09, 2024 NAYS: None. The motion carried. VI. MATTERS REMOVED FROM CONSENT AGENDA D. Consideration and Possible Action - Second and Final Reading of Ordinance No. 1633 - An Ordinance of the City Council of the City of Pearland, Texas, adopting a Comprehensive Plan to act as a guide for regulating land use within the incorporated limits of Pearland; containing a savings clause, a severability clause and a repealer clause; and providing an effective date. Joseph Koza made the motion, seconded by Chad Thumann to approve the second and final reading of Ordinance No. 1633. Councilmember Koza made the motion, seconded by Councilmember Thumann to amend the ordinance to strike-out Section 6.2 Provide ADU Guidance from the Comprehensive Plan. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. Councilmember Koza made the motion, seconded by Councilmember Patel to amend Section 6.9 Focus Group by inserting the creation of a City Council appointed focus group with each Councilmember appointing one appointee to develop recommendations for Middle Market housing. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. Councilmember Koza made the motion, seconded by Councilmember Thumann to approve second and final reading of Ordinance No. 1633 as amended. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. H. Consideration and Possible Action - Resolution No. R2024-168 - A Resolution of the City Council of the City of Pearland, Texas amending an audit services contract, with Whitley Penn, LLP, in the additional amount of $78,793.00 (total contract amount of $233,793.00). Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution R2024-168. Page 3 of 12 Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Pearland City Council Minutes September 09, 2024 AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Thumann. NAYS: Patel. The motion carried. VII. 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 Single-Family Residential-3 (R-3) District for a newly annexed tract of land totaling approximately 0.3812 acres, to wit: Legal Description: A 0.3812-acre tract of land, being all of Lot 3, in Block 1 of the Final Plat of Medellin Addition, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerk’s File No. 2005036901 of the Map Records of Brazoria County, Texas. General Location: Southwest of the Intersection of Glenview Drive and De Leon Lane, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Deputy Director of Community Development. There were no citizen comments. Mayor Cole closed the Public Hearing. VIII. NEW BUSINESS NO. 1 1. Consideration and Possible Action - First Reading of Ordinance No. 2000M-262 - 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 described as a 0.3812-acre tract of land, being all of Lot 3, in Block 1 of the Final Plat of Medellin Addition, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerk’s File No. 2005036901 of the Map Records of Brazoria County, Texas (located at Southwest of the Intersection of Glenview Drive and De Leon Lane, Pearland, Texas). Zone Change Application No. ZONE 24-15, a request by the Director of Community Development of the City of Pearland for approval of a permanent zoning classification of Single- Family Residential-3 (R-3) 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. Councilmember Chavarria made the motion, seconded by Councilmember Byrom to approve the first reading of Ordinance No. 2000M-262. Page 4 of 12 Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Pearland City Council Minutes September 09, 2024 AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. IX. PUBLIC HEARING NO. 2 2. Public Hearing: To gather public comment and testimony regarding the proposed abandonment of unused right-of-way (generally located at the intersection of FM 518 and Yost Road). Mayor Cole opened the Public Hearing. Presentation was provided by Darrin Coker, City Attorney. Sel Thint P.E. with Everest Design, was present to answer questions from the Council. There were no citizen comments. Mayor Cole closed the Public Hearing. X. NEW BUSINESS NO. 2 2. Consideration and Possible Action - First Reading of Ordinance No. 1644 - An Ordinance of the City Council of the City of Pearland, Texas, reserving a sanitary sewer easement within a portion of the Yost Road right-of-way; an area generally located at the intersection of Yost Road and FM 518, within the corporate city limits of Pearland; and abandoning an 11,643 square foot portion of the Yost Road right-of-way; containing a savings clause and a severability clause; and providing for an effective date. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza to approve the first reading of Ordinance No. 1644. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. XI. PUBLIC HEARING NO. 3 3. Public Hearing: A request by Tom Daniel, applicant and owner, for approval of a Conditional Use Permit (CUP) for an Accessory Dwelling Unit use within the Single-Family Residential-1 (R-1) District, on approximately 0.7922 acres of land, to wit: Legal Description: Lot 8, Block 3, Shadycrest, a subdivision in Brazoria Page 5 of 12 Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Pearland City Council Minutes September 09, 2024 County, Texas, according to the map or plat thereof recorded in Volume 8, Page 95-98 of the Plat records of Brazoria County, Texas. General Location: 2104 West Mary’s Creek Lane, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Deputy Director of Community Development. Tom Daniel, applicant, was present to answer questions from the Council. Eric Fore, 2102 W. Mary's Creek spoke in favor of this request. Robert Deidrick, 2101 W. Mary's Creek spoke in favor of this request. Mayor Cole closed the Public Hearing. XII. NEW BUSINESS NO. 3 3. Consideration and Possible Action - Resolution No. R2024-CUP24-19 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for an Accessory Dwelling use within the Single-Family Residential-1 (R-1) District, to accommodate an Accessory Dwelling Unit, on approximately 0.7922 acres of land, being Lot 8, Block 3, Shadycrest, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 8, Page 95-98 of the Plat records of Brazoria County, Texas (located at 2104 West Mary’s Creek Lane, Pearland, Texas). Conditional Use Permit Application No CUP24-19, for an Accessory Dwelling use, within the Single-Family Residential-1 (R-1) District, at the request of Tom Daniel, applicant and owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Byrom made the motion, seconded by Councilmember Cade to approve Resolution R2024-CUP24-19 with the following condition: The CUP shall only allow for the accessory dwelling unit to be occupied by a person who is related to the person by the first degree of consanguinity or affinity who occupies the primary dwelling unit on the subject property. AYES: Carbone, Byrom, Cade, and Patel. NAYS: Koza, Chavarria, and Thumann. The motion carried. XIII. PUBLIC HEARING NO. 4 4. Public Hearing: A request by Keen Realty Management LLC., applicant, Page 6 of 12 Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Pearland City Council Minutes September 09, 2024 on behalf of BC Halik Business Park LLC., owner, for approval of a Conditional Use Permit (CUP) for a Studio or Learning Center for Fine or Performing Arts use within the Light Industrial (M-1) District, on approximately 7.6525 acres of land, to wit: Legal Description: Restricted Reserve “A”, Block 1, Final Plat Dolen Estates, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 24, Page 143, of the Plat records of Brazoria County, Texas. General Location: 4407 Halik Street, Suite E300 & E500, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Deputy Director of Community Development. Cassie Bolan, 2425 Londonderry Dr., applicant, was present to answer questions from the Council. Wendy Morua, 2609 Shadybend, spoke in support of the dance studio. Heather Deem Pesina, 2446 Country Club Dr., spoke in support of the dance studio. Angie Mitchell, 6222 Laurie St., spoke in support of the dance studio. Hillary Douglass, 2312 Fairway Circle, spoke in support of the dance studio. Jennifer Hinojosa, 3846 Skylark Way, spoke in support of the dance studio. Heather Peterson, 3607 Pinehurst Dr., read a statement from her mother-in- law, Sherry Peterson, in support of the dance studio. Mayor Cole closed the Public Hearing. XIV. NEW BUSINESS NO. 4 4. Consideration and Possible Action - Resolution No. R2024-CUP24-20 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for a Studio or Learning Center for Fine or Performing Arts use within the Light Industrial (M-1) District, to accommodate a Dance/Fitness Studio, on approximately 7.6525 acres of land, being described as Restricted Reserve “A”, Block 1, Final Plat Dolen Estates, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 24, Page 143, of the Plat records of Brazoria County, Texas (located at 4407 Halik Street, Suite E300 & E500, Pearland, Texas). Conditional Use Permit Application No CUP24-20, for a Page 7 of 12 Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Pearland City Council Minutes September 09, 2024 Studio or Learning Center for Fine or Performing Arts use within the Light Industrial (M-1) District, at the request of Keen Realty Management LLC., applicant, on behalf of BC Halik Business Park LLC., owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Cade made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2024-CUP24-20. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. XV. PUBLIC HEARING NO. 5 5. Public Hearing: A request by Mona Malone, applicant, on behalf of Fite Road REH, LLC., owner, for approval of a zone change for 9.6251 acres of land from Single-Family Residential-1 (R-1) District to Single-Family Residdential-3 (R-3) District, to wit: Legal Description: Being a tract of land containing 9.6251 acres (419,268.19 square feet) of land, being out of and a part of a called 10- acre tract being the same tract conveyed to Doris T. Graham described in warranty deed in Instrument in Volume 847, Page 771 of the Brazoria County Deed Records in the H.T. & B.R.R. Company Survey, Abstract 241, Brazoria County, Texas. General Location: North of Fite Road, East of Manvel Road, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Deputy Director of Community Development. Mona Malone, 4303 Waterfall Cove, Pasadena, Texas, applicant, was present to answer questions from the Council. George Bisbal, 5161 San Felipe Street, Houston, Texas, developer, was present to answer questions from the Council. There were no citizen comments. Mayor Cole closed the Public Hearing. XVI. NEW BUSINESS NO. 5 5. Consideration and Possible Action - First Reading of Ordinance No. Page 8 of 12 Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Pearland City Council Minutes September 09, 2024 2000M-261 - 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 tract of land containing 9.6251 acres (419,268.19 square feet) of land, being out of and a part of a called 10-acre tract being the same tract conveyed to Doris T. Graham described in warranty deed in Instrument in Volume 847, Page 771 of the Brazoria County Deed Records in the H.T. & B.R.R. Company Survey, Abstract 241, Brazoria County, Texas (located at North of Fite Road, East of Manvel Road, Pearland, Texas). Zone Change Application No. ZONE 24-13, a request by Mona Malone, applicant, on behalf of Fite Road REH, LLC., owner, for approval of a zone change from Single-Family Residential-1 (R-1) District to Single-Family Residential-3 (R-3) 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. Councilmember Thumann made the motion, seconded by Councilmember Cade to approve the first reading of Ordinance No. 2000M-261. AYES: None. NAYS: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. The motion failed. XVII. NEW BUSINESS CONTINUED Mayor Cole recessed the meeting at 8:50 p.m. Mayor Cole reconvened the meeting at 9:00 p.m. 11. Consideration and Possible Action - Resolution No. R2024-180 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a variance to Chapter 4, Alcoholic Beverages, of the City’s Code of Ordinances, authorizing the sale of beer and wine for off-premises consumption by a retail grocery store at a distance less than 300 feet from a public-school property line. Councilmember Patel made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2024-180. AYES: Byrom and Patel. NAYS: Carbone, Koza, Chavarria, Cade, and Thumann. The motion failed. 12. Consideration and Possible Action - Resolution No. R2024-170 - A Resolution of the City Council of the City of Pearland, Texas, awarding a 3-year unit supply contract (1-year initial term with two 1-year renewals), in the estimated amount of $1,150,000.00, for the purchase of sludge transportation, disposal and roll-off services to GFL Environmental, Inc., for the period of September 10, 2024 to September 9, 2025. Divisional requests are Wastewater Treatment $1,000,000.00 and Surface Water Page 9 of 12 Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Pearland City Council Minutes September 09, 2024 Treatment plant $150,000.00. Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution R2024-170. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 13. Consideration and Possible Action - Resolution No. R2024-169 - A Resolution of the City Council of the City of Pearland, Texas, awarding a 3-year unit supply contract (1-year initial term with two 1-year renewals), in the estimated amount of $1,050,000.00, for the purchase of sludge transportation, disposal and wet haul services to Magna Flow Environmental, Inc., for the period of September 10, 2024 to September 9, 2025. Divisional Requests are Wastewater Treatment $1,000,000.00 and Surface Water Treatment plant $50,000.00. Councilmember Chavarria made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution R2024-169. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. XVIII. PUBLIC HEARING NO. 6 6. Public Hearing on Proposed Fiscal Year 2024-2025 Budget. Mayor Cole opened the Public Hearing. Presentation was provided by Rachel Wynslow, Budget Officer; and Trent Epperson, City Manager. There were no citizen comments. Mayor Cole closed the Public Hearing. XIX. NEW BUSINESS CONTINUED 6. Consideration and Possible Action - First Reading of Ordinance No. 1643 - An appropriation Ordinance adopting a budget for the fiscal year beginning October 1, 2024, and ending September 30, 2025; pay plans for fiscal year 2025; and, pursuant to Local Government Code, Section 102.007, providing for a separate ratification of the property tax revenue increase reflected in the budget. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Page 10 of 12 Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Pearland City Council Minutes September 09, 2024 Byrom to approve the first reading of Ordinance No. 1643. AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Thumann. NAYS: Patel. The motion carried. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza authorizing the ratification of the property tax revenue increase reflected in the budget of Ordinance No. 1643. AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Thumann. NAYS: Patel. The motion carried. 7. Consideration and Possible Action - First Reading of Ordinance No. 1642 - An Ordinance adopting a tax rate of $0.6350 and levying taxes for the use and support of the Municipal Government of the City of Pearland, Texas, and providing for the interest and sinking fund of the taxable year 2024. Councilmember Byrom made the motion, seconded by Mayor Pro-Tem Carbone to approve the first reading of Ordinance No. 1642 and ,"I also move that the property tax rate be increased by the be adoption of a tax rate of 0.6350 which is effectively a 5.9200% increase in the tax rate." AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Thumann. NAYS: Patel. The motion carried. 8. Consideration and Possible Action - First Reading of Ordinance No.1358- 30 - An Ordinance of the City Council of the City of Pearland, Texas, amending non-development usage and service fees; containing a savings clause, a severability clause, a repealer clause, providing for publication and an effective date. Councilmember Cade made the motion, seconded by Councilmember Thumann to approve the first reading of Ordinance No. 1358-30. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 9. Consideration and Possible Action - Resolution No. R2024-179 - A Resolution of the City Council of the City of Pearland, Texas, adopting a Five-Year Capital Improvement Program (2025-2029). Councilmember Thumann made the motion, seconded by Councilmember Cade to approve Resolution No. R2024-179. Page 11 of 12 Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A Pearland City Council Minutes September 09, 2024 AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Thumann. NAYS: Patel. The motion carried. 10.Consideration and Possible Action - First Reading of Ordinance No. 1121- 2 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1121-1, authorizing the offering of health benefits coverage to City retirees; containing a repealer clause; providing an effective date; and providing an open meetings clause. Councilmember Patel made the motion, seconded by Mayor Pro-Tem Carbone to approve the first reading of Ordinance No. 1121-2. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. XX.OTHER BUSINESS There were no other business items. XXI.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There were no issues to discuss. XXII.ADJOURNMENT Mayor Cole adjourned the meeting at 9:52 p.m. The Minutes were approved on this the 23rd day of September 2024. City of Pearland, Texas J. Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary Page 12 of 12 Docusign Envelope ID: 83FF569C-EBF5-4146-A3F6-7F726DEFFB6A