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HomeMy WebLinkAbout2024-11-18 City Council Regular Meeting Minutes Pearland City Council Minutes November 18, 2024 CITY OF PEARLAND, TEXAS CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 18, 2024 The City Council of Pearland, Texas convened in a meeting on Monday, November 18, 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 Cole 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 Mona Chavarria Councilmember Clint Byrom Councilmember Layni Cade Councilmember Rushi Patel City Manager Trent Epperson City Attorney Darrin Coker City Secretary Frances Aguilar All members were present except Councilmember Joseph Koza and Councilmember Chad Thumann. IV. CITIZEN COMMENTS Dr. Alexander Okwonna, 2004 Tall Timbers Lane, introduced the Leadership Pearland Class of 2025. V. CONSENT AGENDA A. Consideration and Possible Action - Resolution - R2024-241 - A Resolution and Order of the City Council of the City of Pearland, Texas, casting votes for candidates for the Brazoria County Appraisal District Board of Directors for the 2025-2026 term. B. Consideration and Possible Action - Resolution No. R2024-240 - A Resolution and Order of the City Council of the City of Pearland, Texas, casting votes for candidates for the Harris County Appraisal District Board of Directors for the 2025-2026 term. Page 1 of 8 Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Pearland City Council Minutes November 18, 2024 C. Consideration and Possible Action - Resolution No. R2024-242 - A Resolution and Order of the City Council of the City of Pearland, Texas, casting votes for candidates for the Fort Bend County Appraisal District Board of Directors for the 2025-2026 term. Councilmember Chavarria made the motion, seconded by Councilmember Cade to approve Consent Agenda Items A - C. AYES: Carbone, Chavarria, Byrom, Cade, and Patel. NAYS: None. The motion carried. VI. MATTERS REMOVED FROM CONSENT AGENDA There were no items removed from the Consent Agenda. VII. NEW BUSINESS 1. Consideration and Possible Action - Resolution No. R2024-232 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract associated with the Smith Ranch Road Widening Project, to Texas Sterling Construction, in the amount of $6,638,584.69. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Byrom to approved Resolution No. R2024-232. AYES: Carbone, Chavarria, Byrom, Cade, and Patel. NAYS: None. The motion carried. VIII. PUBLIC HEARING NO. 1 1. Public Hearing 2 of 2 - Annexation and Incorporation of Brazoria County Municipal Utility District No. 16. Mayor Cole opened the Public Hearing. Presentation was provided by Joel Hardy, Grants/Special Projects Administrator. Vincent L. Johnson, 1901 Stone Grove Ct., spoke about his concern regarding the timeliness of the services from the City to the residents affected by this annexation. Ivory Franklin, HOA President of Avalon I and II, spoke regarding the fencing and the sidewalks within the subdivisions. Josh Kahn, Brazoria County MUD Attorney, spoke regarding outstanding items Page 2 of 8 Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Pearland City Council Minutes November 18, 2024 the MUD District still needs to discuss. Mayor Cole closed the Public Hearing. IX. PUBLIC HEARING NO. 2 2. Public Hearing: A request by Luis Perret and Quynh Nguyen, applicant and owner, for approval of a zone change for 4.9694 acres of land from General Commercial (GC) District to Single-Family Estate (R-E) District, to wit: Legal Description: Lot 4, Block 1, Final Plat of Ferri Subdivision, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 19, Pages 75-76 of the Map Records of Brazoria County, Texas. General Location: North of Knapp Road, East of Main Street, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Deputy Director of Community Development. Quynh Nguyen, applicant, gave a statement and was available 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. 2000M-263 - 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 Lot 4, Block 1, Final Plat of Ferri Subdivision, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 19, Pages 75-76 of the Map Records of Brazoria County, Texas (located North of Knapp Road, East of Main Street, Pearland, Texas). Zone Change Application No. ZONE 24-16, a request by Luis Perret and Quynh Nguyen, applicant and owner, for approval of a zone change from General Commercial (GC) District to Single-Family Estate (R-E) 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 Byrom made the motion, seconded by Mayor Pro-Tem Page 3 of 8 Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Pearland City Council Minutes November 18, 2024 Carbone to approve the first reading of Ordinance No. 2000M-263. AYES: None. NAYS: Carbone, Chavarria, Byrom, Cade, and Patel. The motion failed. XI. PUBLIC HEARING NO. 3 3. Public Hearing: A request by Millar Development, LLC., applicant and owner of an approximately 4.9176-acre tract of land at 11950 N. Spectrum, for approval of an amendment to the required side setback for all corner lots in the LNR Clear Creek Spectrum Planned Development Zoning District, to wit: Legal Description: All properties within the LNR Clear Creek Spectrum Planned Development Zoning District adopted by Ord. 509-718,Ord. 2000M-185, Ord. 2000M-231, Ord. 2000M-246, and Ord. 2000M-247. General Location: LNR Clear Creek Planned Development is generally located east and west of Kirby Drive, north of Fruge Road, south of Sam Houston Parkway and within the following plats: Endress+Hauser GC Regional Center Amending Plat No. 1, Lower Kirby Logistics Park, Tool Flo Business Park, Urban Spectrum Replat No. 1, Amerlux, MHI Amending Plat, and Project Heartbeat Campus Phase 2, PL2 Building Parking Extension, RePlat PL2 Building Parking Extension 2. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Deputy Director of Community Development. Anne Stoker, Chief Operating Officer at Millar, was present to answer questions from the Council. There were no citizen comments. Mayor Cole closed the Public Hearing. XII. NEW BUSINESS NO. 3 3. Consideration and Possible Action - First Reading of Ordinance No. 2000M-264 - 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 all properties within the LNR Clear Creek Spectrum Planned Development Zoning District adopted by Ord. 509-718, Ord. 2000M-185, Ord. 2000M-231, Ord. 2000M-246, and Ord. 2000M-247 (generally located east and west of Kirby Drive, north of Fruge Road, south of Sam Houston Parkway and within the following plats: Page 4 of 8 Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Pearland City Council Minutes November 18, 2024 Endress+Hauser GC Regional Center Amending Plat No. 1, Lower Kirby Logistics Park, Tool Flo Business Park, Urban Spectrum Replat No. 1, Amerlux, MHI Amending Plat, and Project Heartbeat Campus Phase 2, PL2 Building Parking Extension, RePlat PL2 Building Parking Extension 2.). Zone Change Application No. ZONE 24-17, a request by Millar Development, LLC., applicant and owner of an approximately 4.9176-acre tract of land at 11950 N. Spectrum, for approval of an amendment to the required side setback for all corner lots in the LNR Clear Creek Spectrum Planned Development Zoning 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 Cade made the motion, seconded by Councilmember Byrom to approve the first reading of Ordinance No. 2000M-264. AYES: Carbone, Chavarria, Byrom, and Cade. NAYS: Patel. The motion carried. XIII. PUBLIC HEARING NO. 4 4. Public Hearing: A request by Craig Graham, applicant, on behalf of Joseph Koza, owner, for approval of a Conditional Use Permit (CUP) for a Plant Nursery use within the Light Industrial (M-1) District, on approximately 3.03 acres of land, to wit: Legal Description: Being a 3.03-acre tract of land, also being called Tract 7A-7A1 in the H.T. & B.R.R. Co. Survey, Abstract 239, recorded in Volume 1437, Page 649 in the Deed records of Brazoria County, Texas. General Location: 2814 Main Street, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Deputy Director of Community Development. Craig Graham, applicant, was present to answer questions from the Council. There were no citizen comments. Mayor Cole closed the Public Hearing. XIV. NEW BUSINESS NO. 4 4. Consideration and Possible Action - Resolution No. R2024-CUP24-22 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for a Plant Nursery use within the Light Industrial (M-1) District, on approximately 3.03 acres of land, being Page 5 of 8 Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Pearland City Council Minutes November 18, 2024 described as a 3.03-acre tract of land, also being called Tract 7A-7A1 in the H.T. & B.R.R. Co. Survey, Abstract 239, recorded in Volume 1437, Page 649 in the Deed records of Brazoria County, Texas (located at 2814 Main Street, Pearland, Texas). Conditional Use Permit Application No CUP24-22, for a Plant Nursery use within the Light Industrial (M-1) District, at the request of Craig Graham, applicant, on behalf of Joseph Koza, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Patel made the motion, seconded by Councilmember Cade to approve Resolution No. R2024-CUP-24-22. AYES: Carbone, Chavarria, Byrom, Cade, and Patel. NAYS: None. The motion carried. XV. NEW BUSINESS CONTINUED 5. Consideration and Possible Action - Resolution No. R2024-CUP23-20-1 - A Resolution of the City Council of the City of Pearland, Texas, approving an extension to R2023-CUP23-20 that allows an Auto Repair (Minor) use within the Shadow Creek Ranch Planned Unit Development (PUD), on approximately 0.7308 acres of land, being a tract containing 0.7308 acres of land, situated in the J.W. Maxcy Survey, Abstract No. 675, Brazoria County, Texas, being a residue of lot “D” conveyed to BW Shadow Creek, LLC. as recorded under Brazoria County Clerk’s File (B.C.C.F.) No. 2017042317, also being out of Lot “D”, Shadow Creek Ranch Commercial Site No. 18B, map or plat thereof as recorded under Brazoria County Plat Records (B.C.P.R.) No. 2007035195 (located at 11219 Shadow Creek Parkway, Pearland, Texas). Councilmember Chavarria made the motion, seconded by Councilmember Byrom to approve Resolution No. R2024-CUP23-20-1. Sydney Rich, PE with Duplantis Design Group, PC., was present to answer questions from the Council. AYES: Carbone, Chavarria, Byrom, Cade, and Patel. NAYS: None. The motion carried. 6. Consideration and Possible Action - Resolution No. R2024-CUP23-19-1 - A Resolution of the City Council of the City of Pearland, Texas, approving an extension to R2023-CUP23-19 for an Auto Wash use within the General Business (GB) District, on approximately 1.2085 acres of land, being described as a 1.2085-acre tract of land located in the H.T. & B.R.R. Company Survey, Section 21, Abstract No. 309, Brazoria County, Texas, being out of and a portion of Lot 1, Block 1 of Final Plat Sunrise Flats according to the map or plat thereof recorded in Brazoria County Clerk’s Page 6 of 8 Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Pearland City Council Minutes November 18, 2024 File No. 2023043651, and being out of and a part of that certain tract of land conveyed to BE FM 518 Realty LTD. recorded in Brazoria County Clerk’s File No. 2022049189 (located at the Southeast Corner of Broadway Street & Smith Road, Pearland, Texas). Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Cade to approve Resolution R2024-CUP23-19-1. Gordan Jones, Director of Development with Braun Enterprises, was present to answer questions from the Council. AYES: None. NAYS: Carbone, Chavarria, Byrom, Cade, and Patel. The motion failed. XVI. OTHER BUSINESS There were no other business items. XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There were no issues to discuss. XVIII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 7:56 p.m. Section 551.072 - Deliberations regarding the Lease, Purchase, Sale or Exchange of Real Property. Conducted. Section 551.087 - Deliberations Regarding Economic Development Negotiations. Conducted. Council returned from Executive Session at 8:33 p.m. XIX. NEW BUSINESS CONTINUED 7. Consideration and Possible Action - Regarding the Sale, Purchase, Lease or Exchange of Real Property. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Cade to move forward with the acquisition of property and reimbursement from Economic Development Corporation agreement in relation to Project 24-12 as discussed in the Executive Session. AYES: Carbone, Chavarria, Byrom, Cade, and Patel. NAYS: None. Page 7 of 8 Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 Pearland City Council Minutes November 18, 2024 The motion carried. 8.Consideration and Possible Action - Regarding Economic Development Negotiations. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Byrom to accept the donation of property as discussed in Executive Session. AYES: Carbone, Chavarria, Byrom, Cade, and Patel. NAYS: None. The motion carried. XX.ADJOURNMENT Mayor Cole adjourned the meeting at 8:35 p.m. The Minutes were approved on this the 9th day of December 2024. City of Pearland, Texas J. Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary Page 8 of 8 Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38