2023-01-23 CITY COUNCIL REGULAR MEETING AGENDA PROCLAMATION PRESENTATION: NATIONAL HUMAN TRAFFICKING PREVENTION
MONTH
00
CITY COUNCIL REGULAR MEETING
AGENDA
JANUARY 23, 2023 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 Nolan Tiersch, applicant, on behalf of Welcome
Real Estate Services, LLC., owner, for approval of a zone change from
Spectrum-3 (S-3) District to Planned Development (PD) District, incorporating
approximately 16.92 acres of land into the existing LNR Clear Creek Planned
Development, to wit:
Legal Description: Tract (1): 11.0244 acres (480,224 square feet) of land,
being a portion of Lots 59, 59'/2, 60 and 60% in Block K of the Allison Richey
Gulf Coast Homes Subdivision, as recorded in Volume 3, Page 40, in the
Harris County Maps Records, and located in the James Hamilton Survey,
Abstract No. 876, Harris County, Texas. Tract (2): 5.9012 acres (257,055
City Council Regular Meeting - Jan 23 2023
square feet) of land, being a portion of Lots 59 and 60 in Block K of the Allison
Richey Gulf Coast Homes Subdivision, as recorded in Volume No. 3, Page No.
40, in Harris County Maps Records, and located in the James Hamilton
Survey, Abstract No. 876, Harris County, Texas.
General Location: Northwest Quadrant of Kirby Drive and Fruge Road.
Public Hearing:Zone Change Application-ZONE 22-30 AIR-23-023- Pdf
VI. NEW BUSINESS
1. Consideration and Possible Action - First Reading of Ordinance No.
2000M-246 - 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; Tract
(1): 11.0244 acres (480,224 square feet) of land, being a portion of Lots 59,
59% 60 and 60% in Block K of the Allison Richey Gulf Coast Homes
Subdivision, as recorded in Volume 3, Page 40, in the Harris County Maps
Records, and located in the James Hamilton Survey, Abstract No. 876, Harris
County, Texas. Tract (2): 5.9012 acres (257,055 square feet) of land, being a
portion of Lots 59 and 60 in Block K of the Allison Richey Gulf Coast Homes
Subdivision, as recorded in Volume No. 3, Page No. 40, in Harris County Maps
Records, and located in the James Hamilton Survey, Abstract No. 876, Harris
County, Texas. (located in the northwest quadrant of Kirby Drive and
Fruge Road). Zone Change Application No. ZONE 22-30, a request by Nolan
Tiersch, applicant, on behalf of Welcome Real Estate Services, LLC., owner,
for approval of a zone change from Spectrum-3 (S-3) District to Planned
Development (PD) District, incorporating approximately 16.92 acre of land
into the existing LNR Clear Creek 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-246 AIR-23-024-
Pdf
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Mary A. Monroy, applicant, on behalf of BROP,
LLC, owner, for approval of a Conditional Use Permit (CUP) for Automobile
Driving School use on approximately 9.2001 acres of land within the Kingsley
Broadway Planned Development (PD) District, to wit:
Legal Description: Reserve "C" of the Minor Plat of Kingsley Retail, being a
subdivision of 15.1451 acres of land (659,722 square feet), as recorded in
County Clerks' File No. 2018048675 of the Plat Records of Brazoria County,
Texas.
General Location: 3129 Kingsley Drive, Suite 1130, Pearland, TX.
Public Hearing: Conditional Use Permit Application: CUP 22-26 AIR-23-025-Pdf
VIII. NEW BUSINESS
City Council Regular Meeting - Jan 23 2023
2. Consideration and Possible Action - Resolution R2023-CUP 22-26 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Automobile Driving School use within the
Kingsley Broadway Planned Development (PD) District, on approximately
9.2001 acres of land, Reserve "C" of the Minor Plat of Kingsley Retail, being a
subdivision of 15.1451 acres of land (659,722 square feet), as recorded in
County Clerks' File No. 2018048675 of the Plat Records of Brazoria County,
Texas. (located at 3129 Kingsley Drive, Suite 1130). Conditional Use Permit
Application No CUP22-26, for Automobile Driving School use within the
Kingsley Broadway Planned Development (PD) District, at the request of Mary
A. Monroy, applicant, on behalf of BROP, 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 R2023-CUP 22-26 AIR-23-026-Pdf
IX. 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
Regular Meeting held on January 9, 2023.
Approval of Minutes AIR-23-015- Pdf
B. Consideration and Possible Action - Resolution No. R2023-17 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
conveyance of certain real property, as described in Exhibit A, to the Lower
Kirby Pearland Management District ("LKPMD") for the construction and
maintenance of regional drainage detention facilities.
Detention Property Transfer to LKPMD AIR-23-016-Pdf
C. Consideration and Possible Action - Resolution No. R2023-19 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
expenditures with McGriff Insurance Service, for additional windstorm
coverage associated with new structure additions, in the amount of
$87,350.00.
2022-2023 Windstorm Insurance AIR-23-021 -Pdf
D. Consideration and Possible Action - Resolution No. R2023-28 - A
Resolution of The City Council of the City of Pearland, Texas, designating
Interim City Manager Trent Epperson, and/or his designee, to accept the
terms, conditions and award of funds from the Texas Water Development
Board Flood Mitigation Assistance Program, in the amount of $499,760.00, for
the elevation of two (2) severe repetitive loss, flood prone properties located
within the City limits.
2020 FMA Home Elevation Grant Award AIR-23-019-Pdf
E. Consideration and Possible Action - Resolution No. R2023-20 - A
Resolution of the City Council of the City of Pearland, Texas, amending an
City Council Regular Meeting - Jan 23 2023
Advanced Funding Agreement with the State of Texas, by deleting and
replacing Article 4. Scope of Work, Use of Project, and Project Location in its
entirety, for the Clear Creek Trail Project (Barry Rose Road to Pearland
Parkway at UHCL).
Clear Creek Trail AFA Amendment AIR-22-684-Pdf
F. Consideration and Possible Action - Resolution No. R2023-25 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a unit
price contract for utility chemicals to Polydyne Inc., in the estimated amount of
$200,000.00, for the period of January 24, 2023 through January 23, 2024.
Chemical contracts across City Utilities- Polydyne Inc. AIR-22-674- Pdf
G. Consideration and Possible Action - Resolution No. R2023-26 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a unit
price contract for utility chemicals to DXI Industries, in the estimated amount of
$216,000.00, for the period of January 24, 2023 through January 23, 2024.
Chemical contracts across City Utilities- DXI Industries AIR-23-008- Pdf
H. Consideration and Possible Action - Resolution No. R2023-9 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
service contract for design services (Shadow Creek Parkway Landscaping,
Street Lighting and Sidewalks Project), with Gauge Engineering, LLC, in the
additional amount of$84,767.00 (total contract amount of$907,552.00).
Shadow Creek Pkwy Street Lighting, Landscaping, Sidewalks Design Amendment AIR-22-681 -
Pdf
Consideration and Possible Action - Resolution No. R2023-5 - 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 Texas Buy Board for the purchase of fence/gate repair,
preventative maintenance and replacement services, in the estimated amount
of $83,000.00, from Foster Fence, LTD. for the period beginning January 24,
2023 through January 23, 2024.
Foster Fence Gate and Fence Preventative Maintenance and Repair Services Contract AIR-22-
672- Pdf
J. Consideration and Possible Action - Resolution No. R2023-13 - 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
purchase of one (1) camera van, in the estimated amount of$247,314.00, from
Chastang Ford.
Drainage CCTV Van vehicle Purchase AIR-23-006-Pdf
K. Consideration and Possible Action - Resolution No. R2023-14 - 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 Buy Board Purchasing System for the purchase of twelve
(12) watch-guard systems, in the estimated amount of $153,480.00, from
Motorola Solutions.
FY23 Watch-Guard Purchase for Vehicles AIR-23-005-Pdf
L. Consideration and Possible Action - Resolution No. R2023-15 - 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
City Council Regular Meeting - Jan 23 2023
arrangement with Sourcewell for the purchase of automotive parts, in the
estimated amount of $200,000.00, from Auto Plus for the period beginning
January 24, 2023 through January 23, 2024.
Auto Plus Auto Parts Contract AIR-23-004- Pdf
M. Consideration and Possible Action - Resolution No. R2023-21 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for the Woodcreek Park Bridge Project, to
Ballast Point Construction, Inc., in the amount of$217,495.10.
Woodcreek Park Bridge Construction Contract AIR-22-685- Pdf
X. NEW BUSINESS CONTINUED
3. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 2000M-245 - 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 or parcel of land containing 22.6277 acres of land or
985,662 square feet, located in the H.T. & B.R.R. Co. Survey, Abstract 547,
Harris County, Texas, Said 22.6277 acre tract being out of and a part of a
called 8.7166 acre tract of record in the name of Magnolia 8.7166 Acres, L.P.
in Brazoria County Clerk's File Number 200913537, being out of and a part of
a called 22.4075 acre tract of record in the name of Signature, Eubanks &
Associates, Ltd. in Brazoria County Clerk's File Number 2006028088 and
being all of Lot 2 in the Minor Plat of Magnolia Commons, a subdivision duly of
record in Document Number 2019059903 in the Map Records of Brazoria
County, Texas; Said Lot 2 of record in the name of Magnolia 15.512 Acres,
Ltd. in Brazoria County Clerk's File Number 2007012458(located at the
southwest quadrant of Magnolia Parkway and Manvel Road). Zone
Change Application No. ZONE 22-29, a request by Sean Ratterree, CTC
Residential, LLC., applicant, on behalf of Signature Eubanks & Associates Ltd.
and Magnolia 8.716 Acres Ltd., owner, for approval of a zone change from
General Business (GB) District to Planned Development (PD) 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.
Consideration and Possible Action-Second and Final Reading of Ordinance No. 2000M-245
AIR-23-027-Pdf
4. Consideration and Possible Action - Resolution No. R2023-11 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract with Cobb Fendley & Associates, Inc., for design services associated
with the FM 518 Utility Relocation Project (Broadway Street from SH 288 to
Old Chocolate Bayou Road), in the estimated amount of$541,968.00.
FM 518 Utility Relocation Design Contract AIR-22-673- Pdf
5. Consideration and Possible Action - Resolution No. R2023-23 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a unit
price contract for utility chemicals to Hawkins Inc., in the estimated amount of
$1,228,500.00, for the period of January 24, 2023 through January 23, 2024.
Chemical contracts across City Utilities-Hawkins Inc AIR-23-011 - Pdf
6. Consideration and Possible Action - Resolution No. R2023-24 - A
City Council Regular Meeting - Jan 23 2023
Resolution of the City Council of the City of Pearland, Texas, awarding a unit
price contract for utility chemicals to Univar Solutions, in the estimated amount
of $1,220,000.00, for the period of January 24, 2023 through January 23,
2024.
Chemical contracts across City Utilities-Univar Solutions AIR-23-010- Pdf
7. Consideration and Possible Action - Resolution No. R2023-27 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a unit
price contract for utility chemicals to G20 Technologies LLC, in the estimated
amount of $585,000.00, for the period of January 24, 2023 through January
23, 2024.
Chemical contracts across City Utilities-G20 Technologies LLC AIR-23-007-Pdf
8. Consideration and Possible Action - Resolution No. R2023-16 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing an
architectural services contract with Quorum Architects, associated with the
Hillhouse Road Annex Phase II and the Orange Street Service Center Phase II
Project, in the estimated amount of$2,388,800.00.
Orange Street Service Center Phase 2&Hillhouse Design Contract AIR-23-013-Pdf
9. 2023 Bond Election Package - Discussion on Scope and Funding Amount
2023 Proposed Bond Package Update and Discussion AIR-23-034- Pdf
Xl. MATTERS REMOVED FROM CONSENT AGENDA
XII. OTHER BUSINESS
XIII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
XIV. 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:
Section 551.071 - Consultation with Attorney - Regarding potential litigation
and audit associated with Fiscal Year 2023 Tax Calculations.
Executive Session-Consultation with Attorney AIR-23-028- Pdf
Section 551.074- Personnel Matters - Regarding City Boards and
Commissions.
Executive Session-Appointment of City Boards and Commissions AIR-23-035-Pdf
XV. NEW BUSINESS CONTINUED
10. Consideration and Possible Action - Regarding potential litigation and audit
associated with Fiscal Year 2023 Tax Calculations.
Executive Session-Consultation with Attorney AIR-23-029- Pdf
11. Consideration and Possible Action - Regarding appointments to the Boards
and Commissions.
Appointment to the Boards and Commissions AIR-23-036- Pdf
XVI. ADJOURNMENT
City Council Regular Meeting - Jan 23 2023
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 to 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 January 23, 2023, was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on
January 19, 2023, by 6:30 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 - Jan 23 2023