2023-05-08 CITY COUNCIL REGULAR MEETING AGENDA The following will be presented before the City Council Meeting:
PROCLAMATIONS
Mental Health Month Proclamation
National Correctional Officer's Week Proclamation
National Police Week Proclamation
National Public Service Recognition Week Proclamation
National Travel & Tourism Week Proclamation
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CITY COUNCIL REGULAR MEETING
AGENDA
MAY 8, 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-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 Graham Williams, applicant, and owner, for
approval of a Conditional Use Permit (CUP) for a Light Manufacturing Process
use on approximately 1.2626 acres of land located within the Garden/O'Day-
City Council Regular Meeting - May 08 2023
Mixed Use (G/O-MU) District, to wit:
Legal Description: Lot 9 and Lot 10, in Block 3 of Hickory Creek Place, a
subdivision in Brazoria County, Texas, according to the map or plat thereof,
recorded in Volume 11, Page 1-2 of the Plat Records of Brazoria County,
Texas.
General Location: 2054 and 2106 O'Day Road.
Public Hearing: Conditional Use Permit Application - CUP 23-09 AIR-23-203 -
Pdf
VI. NEW BUSINESS
1. Consideration and Possible Action - Resolution R2023-CUP 23-09 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Light Manufacturing Process use within
theGarden/O'Day-Mixed Use (G/O-MU) District, on approximately 1.2626
acres of land, being described as Lot 9 and Lot 10, in Block 3 of Hickory Creek
Place, a subdivision in Brazoria County, Texas, according to the map or plat
thereof, recorded in Volume 11, Page 1-2 of the Plat Records of Brazoria
County, Texas (located at 2054 and 2106 O'Day Road, Pearland, TX).
Conditional Use Permit Application No CUP23-09, for Light Manufacturing
Process use within the Garden/O'Day-Mixed Use (G/O-MU) District, at the
request of Graham Williams, applicant, and 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 23-09 AIR-23-210
- Pdf
VII. 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
Special Meeting held on April 24, 2023, and the City Council Regular Meeting
held on April 24, 2023.
Approval of Minutes AIR-23-201 - Pdf
B. Consideration and Possible Action - Resolution No. R2023-106 -A
Resolution of the City Council of the City of Pearland, Texas ("City") denying
the Distribution Cost Recovery Factor Rate request of Texas-New Mexico
Power Company made on or about April 5, 2023; authorizing participation in a
coalition of similarly situated cities; authorizing participation in related rate
proceedings; requiring the reimbursement of municipal rate case expenses;
authorizing the retention of special counsel; finding that the meeting complies
with the Open Meetings Act; making other findings and provisions related to
City Council Regular Meeting - May 08 2023
the subject; and declaring an effective date.
DCRF TNMP AIR-23-180 - Pdf
C. Consideration and Possible Action - Resolution No. R2023 - 107 - A
Resolution of the City Council of the City of Pearland, Texas ("City") denying
the Distribution Cost Recovery Factor Rate request of CenterPoint Energy
Houston Electric, LLC, and its increase in rates under its "Rider TEEEF"
application made on or about April 5, 2023; authorizing participation in a
coalition of similarly situated cities; authorizing participation in related rate
proceedings; requiring the reimbursement of municipal rate case expenses;
authorizing the retention of special counsel; finding that the meeting complies
with the Open Meetings Act; making other findings and provisions related to
the subject; and declaring an effective date.
C-Point DCRF AIR-23-179 - Pdf
D. Consideration and Possible Action - Resolution R2023 - 113 -A Resolution
of the City Council of the City of Pearland, Texas, approving participation in the
Harris County Precinct 2 Partnership Project, requesting $4,880,634 towards
the total cost of the expansion of Hughes Road in Pearland, Texas.
Harris County Precinct 2 Partnership Project Funding Application - Hughes
Road Expansion AIR-23-228 - Pdf
E. Consideration and Possible Action - Resolution No. R2023-88 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing an
Addendum to the Development Agreement with Sullivan Brothers Builders
LTD. and an Amendment to the related Reimbursement Agreement with the
Pearland Economic Development Corporation, in the amount of $109,900.00,
associated with the construction and funding of streetscape improvements to
serve portions of the Pearland Old Townsite.
Pearland Old Townsite Public Infrastructure Improvements AIR-23-167 - Pdf
F. Consideration and Possible Action - Resolution No. R2023-79 - A
Resolution of the City Council of the City of Pearland, Texas, amending an
employee uniform supply contract with Cintas Corporation, in the additional
amount of $116,189.00 (total contract of $156,189.00), for the period of June
6, 2022 through June 5, 2025.
Department Uniform Contract Amendment AIR-23-056 - Pdf
G. Consideration and Possible Action - Resolution No. R2023-64 - 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 unit
supply purchase of Police and Fire Department Radio Equipment, in the
estimated amount of$70,483.62, from Motorola Solutions, Inc.
FY23 Vehicle Radio Purchase from Motorola AIR-23-068 - Pdf
H. Consideration and Possible Action - Resolution No. R2023-100 - A
Resolution of the City Council of the City of Pearland, Texas, approving
Change Order with James Construction Group, LLC., in the amount of
$89,346.16 (total contract amount of $29,824,620.51), associated with traffic
signal modifications for the McHard Road Extension Project.
McHard Rd. Extension Project Change Order for Traffic Signal AIR-23-132 -
City Council Regular Meeting - May 08 2023
Pdf
I. Consideration and Possible Action - Resolution No. R2023-109 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
expenditures with Napco Chemical Company, Inc., for chemical supplies
associated with Wastewater and Water Production, in the amount of
$120,000.00 (total contract amount of$668,850.00).
Ratification of Napco Chemical Company, Inc. Contract AIR-23-148 - Pdf
J. Consideration and Possible Action - Resolution No. R2023-102 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract with Jones Engineering Solutions, for design services associated with
the Cullen Water Plant Elevated Storage Tank, Southeast Elevated Storage
Tank, and the Magnolia Ground Storage Tank Projects, in the estimated
amount of$74,550.00.
Cullen Water Plant Elevated Storage Tank and Southeast (Bailey) Elevated
and Magnolia Ground Storage Tank Rehabilitation Design Contract AIR-23-
149 - Pdf
K. Consideration and Possible Action - Resolution No. R2023-104 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
contract for the purchase of an autonomous field painter from Turf Tank
(Sports Complex at Shadow Creek Ranch, Phase II), in the estimated amount
of$52,700.00.
Shadow Creek Ranch Park Turf Tank Purchase AIR-23-174 - Pdf
L. Consideration and Possible Action - Resolution No. R2023-110 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
additional expenditures for EMS billing services with EMS Management &
Consultants, in the additional amount of $39,000.00 (total contract of
$201,500.00), for the period of January 1, 2022 through December 31, 2022.
EMSIMC EMS Billing Services AIR-23-191 - Pdf
M. Consideration and Possible Action - Resolution No. R2023-108 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
expenditures with Sprint Waste Services, LP, for dewatered bio-solids
transportation and disposal services, in the amount of $65,000.00 (total
contract amount of$685,000.00).
Ratification of Sprint Contract AIR-23-214 - Pdf
N. Consideration and Possible Action - Resolution No. R2023-103 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract with RPS Group, for professional services associated with the Hickory
Slough Sportsplex Detention Pond, Phase 2 and Hickory Slough Detention
Storm Water Pump Generator Project, in the estimated amount of
$492,027.00.
Hickory Slough Sportsplex Detention Pond Phase 2 & Hickory Slough
Detention Storm Water Pump Generator AIR-23-173 - Pdf
O. Consideration and Possible Action - Resolution No. R2023-101 - 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 Choice Partners for the purchase of plumbing replacement
City Council Regular Meeting - May 08 2023
services associated with the Public Safety Building Detainment Area, in the
estimated amount of$369,134.10, from Generosity Services Inc.
PSB Detainment Area Plumbing Replacement AIR-23-142 - Pdf
Vill. NEW BUSINESS CONTINUED
2. Consideration and Possible Action - Resolution No. R2023-112 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
termination of an interlocal agreement and authorizing a Facility Use
Agreement with the Pearland Independent School District ("PISD"), associated
with the joint use of the City's Natatorium.
PISD Natatorium Use Agreement AIR-23-181 - Pdf
3. Consideration and Possible Action - Resolution No. R2023 - 105 - A
Resolution of the City Council of the City of Pearland, Texas, accepting the
City's annual comprehensive financial report for fiscal year 2022 and the
accompanying independent audit as presented by the accounting firm of
FORVIS.
Acceptance of FY22 Annual Comprehensive Financial Report and Audit
Presentation AIR-23-189 - Pdf
4. Consideration and Possible Action - Resolution No. R2023-111 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
professional services contract with FORVIS, associated with the City's annual
comprehension financial report, in the additional amount of $87,970.00 (total
contract of$217,000.00).
Authorizing Additional Expenditures for Audit AIR-23-224 - Pdf
5. Consideration and Possible Action - Resolution No. R2023-95 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for the Bailey Road Expansion Project (Veterans
Drive to SH 35) to R Construction Civil, LLC., in the amount of$13,559,439.11.
Bailey Road Construction Contract Award AIR-23-114 - Pdf
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. OTHER BUSINESS
XI. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
XII. 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 551.074 - Deliberation regarding ratification of the City Manager's
appointment of a Deputy City Secretary.
Executive Session- Personnel Matters AIR-23-232 - Pdf
Section 551.074 - Deliberation regarding ratification of the City Manager's
appointment of a Utilities Director.
City Council Regular Meeting - May 08 2023
Executive Session- Personnel Matters AIR-23-217 - Pdf
Section 551.074 - Deliberation regarding ratification of the City Manager's
appointment of a Director of Engineering and Public Works.
Executive Session- Personnel Matters AIR-23-234 - Pdf
Section 551.072- Deliberations regarding the Sale, Purchase, Lease or
Exchange of Real Property.
Executive Session- Sale, Purchase, Lease or Exchange of Real Property AIR-
23-211 - Pdf
Section 551.087- Deliberations regarding Economic Development
Negotiations.
Executive Session- Economic Development Negotiations AIR-23-212 - Pdf
Section 551.071 - Consultation with City Attorney regarding the alleged
release of confidential information by a public official to unauthorized third
parties.
Executive Session- Consultation with City Attorney AIR-23-225 - Pdf
XIII. NEW BUSINESS CONTINUED
6. Consideration and Possible Action - Regarding ratification of the City
Manager's appointment of a Deputy City Secretary.
Executive Session- Personnel Matters AIR-23-230 - Pdf
7. Consideration and Possible Action - Regarding ratification of the City
Manager's appointment of a Utilities Director.
Executive Session- Personnel Matters AIR-23-218- Pdf
8. Consideration and Possible Action - Regarding ratification of the City
Manager's appointment of a Director of Engineering and Public Works.
Executive Session- Personnel Matters AIR-23-235- Pdf
9. Consideration and Possible Action - Regarding the Sale, Purchase, Lease
or Exchange of Real Property
Executive Session- Sale, Purchase, Lease or Exchange of Real Property AIR-
23-216 - Pdf
10. Consideration and Possible Action - Regarding Economic Development
Negotiations.
Executive Session- Economic Development Negotiations AIR-23-215 - Pdf
11. Consideration and Possible Action - Consultation with the City Attorney
regarding the alleged release of confidential information by a public official to
unauthorized third parties.
Executive Session- Consultation with Attorney AIR-23-226 - Pdf
XIV. 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(d)pearlandtx.aov. Requests for special services must be received Forty-eight (48)
City Council Regular Meeting - May 08 2023
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.peariandtx.gov, in compliance with Chapter 551,
Texas Government Code. This said Notice of the City of Pearland City Council Meeting for May
8, 2023, was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on May 5, 2023, by
5:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled
time of said meeting.
Frances Aguilar TRC, MMC
City Secretary
City Council Regular Meeting - May 08 2023