2023-02-13 CITY COUNCIL REGULAR MEETING AGENDA s
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CITY COUNCIL REGULAR MEETING
AGENDA
FEBRUARY 13, 2023 6:30 PM
PEARLAND CITY HALL ICOUNCIL 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-Tem 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 Everest Design Group LLC., Represented by
Sel Thint, applicant, on behalf of Adam & Malik Developer LLC., owner, for
approval of a Conditional Use Permit (CUP) to allow for a Gasoline Station on
approximately 2.0537 acres of land in the General Business (GB) District, to
wit:
Legal Description: Lot A, Block 1, Adam & Malik Developer, LLC Replat &
Extension, a subdivision of 2.0537 acres of land in the City of Pearland, Texas,
according to the Plat recorded in County Clerk's File No. 2017033125 in the
Plat Records of Brazoria County, Texas.
General Location: 3201 John Lizer Road, Pearland, Texas.
Public Hearing: Conditional Use Permit Application-CUP 22-03 AIR-23-062-Pdf
City Council Regular Meeting - Feb 13 2023
VI. NEW BUSINESS
1. Consideration and Possible Action - Resolution 2023-CUP 22-03 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Gasoline Station use within the General
Business (GB) District,on approximately 2.0537 acres of land; being described
as Lot A, Block 1, Adam & Malik Developer, LLC Replat & Extension, a
subdivision of 2.0537 acres of land in the City of Pearland, Texas, according to
the Plat recorded in County Clerk's File No. 2017033125 in the Plat Records of
Brazoria County, Texas (located at 3201 John Lizer Road, Pearland,
Texas). Conditional Use Permit Application No CUP22-03, for Gasoline Station
use within the General Business (GB) District, at the request of Everest Design
Group, LLC., represented by Sel Thint, applicant, on behalf of Adam & Malik
Developer, 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 22-03 AIR-23-063
- Pdf
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by GMS Connects LLC, applicant, on behalf of G &
G Partners Development, owner, for approval of a Conditional Use Permit
(CUP) for Assisted Living use on approximately 9.6135 acres of land within the
Neighborhood Service (NS) District, to wit:
Legal Description: A tract or parcel of land containing 9.6135 acres of land,
(418,766 square feet), being out of and a part of Lot 76, George W. Jenkin
Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall Survey, Abstract
No. 70, Brazoria County, Texas, according to the map or plat thereof recorded
in Volume 79, Page 616, of the Office of the County Clerk of Brazoria County,
Texas, said 9.6135 acre tract of land being that certain tract of land as
conveyed to Gary Martin Maynor and wife, Cecelia Maynor, by instrument
recorded in document CF No. 2001045201 of the Office of the County Clerk of
Brazoria County, Texas.
General Location: 3205 Dixie Farm Road, Pearland, TX.
Public Hearing: Conditional Use Permit Application - CUP 22-25 AIR-23-051 -
Pdf
Vill. NEW BUSINESS
2. Consideration and Possible Action - Resolution 2023-CUP 22-25 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Assisted Living use within the
Neighborhood Service (NS) District, on approximately 9.6135 acres of land,
being a tract or parcel of land containing 9.6135 acres of land, (418,766 square
feet), being out of and a part of Lot 76, George W. Jenkin Subdivision of the
lower one-fourth, (1/4), of the W.D.C. Hall Survey, Abstract No. 70, Brazoria
County, Texas, according to the map or plat thereof recorded in Volume 79,
City Council Regular Meeting - Feb 13 2023
Page 616, of the Office of the County Clerk of Brazoria County, Texas, said
9.6135 acre tract of land being that certain tract of land as conveyed to Gary
Martin Maynor and wife, Cecelia Maynor, by instrument recorded in document
CF No. 2001045201 of the Office of the County Clerk of Brazoria County,
Texas (located at 3205 Dixie Farm Road, Pearland, TX). Conditional Use
Permit Application No CUP22-25, for Assisted Living use within the
Neighborhood Service (NS) District, at the request of GMS Connects LLC,
applicant, on behalf of G & G Partners Development, 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 22-25 AIR-23-061
- 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 23, 2023.
Approval of Minutes AIR-23-017 - Pdf
B. Consideration and Possible Action - Resolution No. R2023-35 - A
Resolution of the City Council of the City of Pearland, Texas, appointing
members to various City Boards.
Appointment of City Boards and Commissions AIR-23-049 - Pdf
C. Consideration and Possible Action - Resolution No. R2023-36 - A
Resolution of the City Council of the City of Pearland, Texas, amending the
Council Meeting times and dates for 2023.
Amending the 2023 City Council Meeting Calendar AIR-23-050 - Pdf
D. Consideration and Possible Action - Resolution No. R2023-41 - A
Resolution of the City Council of the City of Pearland, Texas, ordering a
General Election to be held on the 6th day of May 2023, establishing the
procedure; and providing for other related matters related thereto.
Order of General Election AIR-23-064 - Pdf
E. Consideration and Possible Action - Second & Final 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'/2, 60 and 60'/2 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
City Council Regular Meeting - Feb 13 2023
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 - Second & Final Reading of Ordinance No.
2000M-246 AIR-23-057 - Pdf
F. Consideration and Possible Action - Resolution No. R2023-33 - A
Resolution of the City Council of the City of Pearland, Texas, approving the
Fifth Amended Corporate Bylaws of the Pearland Economic Development
Corporation.
PEDC Bylaws Amendment AIR-23-043 - Pdf
G. Consideration and Possible Action - Resolution No. R2023-29 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into an interlocal agreement with
Brazoria County for the annual collection and assessment of City taxes.
Brazoria County Interlocal Agreement AIR-23-045 - Pdf
H. Consideration and Possible Action - Resolution No. R2023-8 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
Software Maintenance Service Contract (City Works AMS and City Works PLL)
with SHI, using the Omnia Partners purchasing cooperative, in the amount of
$177,315.00 for Fiscal Year 2023.
Software maintenance service CityWorks AMS, PLL from SHI through Omnia
Partners AIR-22-686 - Pdf
I. Consideration and Possible Action - Resolution No. R2023-37 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to participate in The Interlocal Purchasing
System's cooperative purchasing agreement for the purchase of Software
Implementation Services with New Edge, in the amount of $411,657.50, for
Fiscal Year 2023.
New Edge software implementation services AIR-23-053 - Pdf
J. Consideration and Possible Action - Resolution No. R2023-38 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into an amended Subrecipient
Agreement, in the additional amount of $271,049.00 (total amount of
$821,049.00), with Counseling Connections for Change for the acquisition of
real property located at 2549 Roy Road in Pearland Texas, Property
Identification Number 175675.
ARPA and CDBG Subrecipient Grant Subaward - Real Property Acquisition
Funding AIR-23-054 - Pdf
City Council Regular Meeting - Feb 13 2023
K. Consideration and Possible Action - Resolution No. R2023-40 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
contract to utilize American Rescue Plan Act (ARPA) funds for the purchase of
five (5) lift gates, to Southwest Truck Rigging and Equipment, in the estimated
amount of$85,895.00.
ARPA Fire Equipment Purchase - Lift Gates for Pearland Fire Department AIR-
23-055 - Pdf
L. Consideration and Possible Action - Resolution No. R2023-31 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
Lower Kirby Pearland Management District ("District") to issue and sell bonds
(no City of Pearland bond obligations), totaling $6,220,000.00, for certain water
and drainage projects (Fruge Road east of Kirby Drive, East Detention Pond 2,
Conveyance 2 Diversion Channel and regional detention land acquisition) in
the District.
LKPMD Bond Concurrence AIR-23-044 - Pdf
M. Consideration and Possible Action - Resolution No. R2023-30 - A
Resolution of the City Council of the City of Pearland, Texas, amending a unit
price contract for utility chemicals with Hawkins, Inc., in the estimated amount
of$260,700.00 (total amount of$, 1,489,200.00) for the period of February 14,
2023 through January 23, 2024.
Chemical contracts across City Utilities - Hawkins Inc LAS AIR-23-042 - Pdf
N. Consideration and Possible Action - Resolution No. R2023-43 - A
Resolution of the City Council of the City of Pearland, Texas, setting a public
hearing for March 27, 2023 at 6:30 p.m. regarding amendments to the Land
Use Assumptions and Capital Improvements Plan associated with a proposed
Impact Fee increase.
Impact Fee Setting Public Hearing AIR-23-060 - Pdf
X. NEW BUSINESS CONTINUED
3. Consideration and approval of Resolution No. R2023-42 - A Resolution
calling a Bond Election to be held within the City of Pearland, Texas; making
provisions for the conduct and the giving of notice of the Bond Election; and
containing other provisions related thereto.
Order of Bond Election AIR-23-012 - Pdf
4. Consideration and Possible Action - Resolution No. R2023-24 - A
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$940,750.00, for the period of February 14, 2023 through January 23, 2024.
Chemical contracts across City Utilities - Univar Solutions AIR-23-010 - Pdf
5. Consideration and Possible Action - Resolution No. R2023-39 - A
Resolution of the City Council of the City of Pearland, Texas authorizing a
consultant services contract with Strategic Government Resources, in the
estimated amount of$36,750.00, to audit the City's tax calculation process and
make best practices recommendations.
Audit Committee Agenda Request AIR-23-046 - Pdf
City Council Regular Meeting - Feb 13 2023
XI. 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 legal consultation
associated with Jurisdictional Boundaries.
Executive Session- Consultation with City Attorney AIR-23-037 - Pdf
Section 551.072 - Deliberations Regarding Real Property- Deliberations
regarding the sale, purchase, lease or exchange of real property.
Executive Session- Sale, Purchase, Lease or Exchange of Real Property AIR-
23-038 - Pdf
XV. 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(o)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.l)eariandtx.gov, in compliance with Chapter 551,
Texas Government Code. This said Notice of the City of Pearland City Council Regular Meeting
for February 13, 2023, was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on
February 9, 2023 by 5:00 p.m. and remained so posted continuously for at least 72 hours
proceeding the scheduled time of the said meeting.
Frances Aguilar TRC, MMC
City Secretary
City Council Regular Meeting - Feb 13 2023
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City of Pearland Bond Election Notices