2023-11-27 CITY COUNCIL REGULAR MEETING AGENDA KK
CITY COUNCIL REGULAR MEETING
AGENDA
MONDAY, NOVEMBER 27, 2023 6:30 P.M.
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 Joseph Koza, Councilmembers Tony
Carbone, Alex Kamkar, Adrian Hernandez, Layni Cade, Jeffrey Barry, Rushi
Patel.
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- Regarding the creation of a Reinvestment Zone at 8720
Industrial Drive.
Public Hearing-Reinvestment Zone(BrasklAIR-23-603-Pdf
VI. NEW BUSINESS NO. 1
1. Consideration and Possible Action — First Reading of Ordinance No. 1632
- An Ordinance of the City Council of the City of Pearland, Texas, finding that
the City has established Guidelines and Criteria for Granting Tax Abatement
pursuant to Resolution No. R2023-85; designating and describing a
Reinvestment Zone (to be known as Reinvestment Zone #30) generally
located at the intersection of Industrial Drive and SH35, in accordance with the
Property Redevelopment and Tax Abatement Act; finding that the
City Council Regular Meeting - November 27, 2023
improvements sought are feasible and practical and would be a benefit to the
land to be included in the zone and the municipality after the expiration of the
Tax Abatement Agreement; authorizing the City Manager to sign tax
abatement agree-ments when approved by the City Council; having a savings
clause and a severability clause; and an effective date.
Ordinance Creating Reinvestment Zone AIR-23-604-Pdf
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Boos Development Group, represented by Jag
Sekhon, applicant, on behalf of BE FM 518 Realty LTD., owner, for approval of
a Conditional Use Permit (CUP) to allow Auto Wash use, within the General
Business (GB) District, on approximately 1.2085 acres of land, to wit:
Legal Description: 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 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.
General Location: Southeast Corner of Broadway Street & Smith Road.
Public Hearing: Conditional Use Permit Application CUP23-19 AIR-23-625- Pdf
Vill. NEW BUSINESS NO. 2
2. Consideration and Possible Action - Resolution No. R2023-CUP23-19 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Wash use, within the General
Business (GB) District, to accommodate an auto wash facility, 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 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 Southeast Corner of
Broadway Street & Smith Road). Conditional Use Permit Application No
CUP23-19, for Auto Wash use, within the General Business (GB) District, at
the request of Boos Development Group, represented by Jag Sekhon,
applicant, on behalf of BE FM 518 Realty LTD., owner, containing a savings
clause, a severability clause, and an effective date and other provisions related
to the subject.
Consideration and Possible Action: Conditional Use Permit Application CUP23-19 AIR-23-626-
Pdf
IX. PUBLIC HEARING NO. 3
3. Public Hearing: A request by Duplantis Design Group, PC, represented by
Sydney Rich, applicant, on behalf of BW Shadow Creek LLC., owner, for
City Council Regular Meeting - November 27, 2023
approval of a Conditional Use Permit (CUP) for Auto Repair (Minor) use on
approximately 0.7308 acres of land within the Commercial District of the
Shadow Creek Ranch Planned Unit Development (PUD), to wit:
Legal Description: 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.
General Location: 11219 Shadow Creek Parkway, Pearland, TX.
Public Hearing: Conditional Use Permit Application CUP23-20 AIR-23-627- Pdf
X. NEW BUSINESS NO. 3
3. Consideration and Possible Action - Resolution No. R2023-CUP23-20 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Repair (Minor) use, within the
Commercial District of the Shadow Creek Ranch Planned Unit
Development (PUD), to accommodate an auto repair minor facility, on
approximately 0.7308 acres of land, being described as 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, TX). Conditional Use Permit Application No CUP23-20, for Auto
Repair (Minor) use, within the Commercial District of the Shadow Creek Ranch
Planned Unit Development (PUD), at the request of Duplantis Design Group,
PC, represented by Sydney Rich, applicant, on behalf of BW Shadow Creek
LLC., owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
Consideration and Possible Action: Conditional Use Permit Application CUP23-20 AIR-23-628-
Pdf
XI. 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 - Resolution No. R2023-285 - 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 2024-2025 term.
FBCAD Board of Directors Appointment AIR-23-598-Pdf
City Council Regular Meeting - November 27, 2023
B. Consideration and Possible Action - Resolution No. R2023-287 - 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 2024-2025 term.
HCAD Board of Directors Appointment AIR-23-632-Pdf
C. Consideration and Possible Action - Resolution No. R2023-288 - A
Resolution of the City Council of the City of Pearland, Texas, ("CITY") denying
the Statement of Intent to change rates filed on or about October 30, 2023 by
CenterPoint Energy Resources Corporation, d/b/a, CenterPoint Energy Entex
and CenterPoint Energy Texas Gas; authorizing continued participation in the
Texas Coast Utilities Coalition of Cities; authorizing intervention in proceedings
related to CenterPoint's Statement of Intent; requiring the reimbursement of
municipal rate case expenses; authorizing representation of the City by Special
Counsel; finding that the meeting complies with the Open Meetings Act;
making other findings and provisions related to the subject.
C-Point Gas Rate Case AIR-23-601 - Pdf
D. Consideration and Possible Action - Resolution No. R2023-283 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
professional services contract with Garver, LLC, associated with the Dixie
Farm Road North Regional Lift Station Rehabilitation Project, in the amount of
$264,228.00.
Dixie Farm North Regional Lift Station Rehabilitation Project AIR-23-379- Pdf
E. Consideration and Possible Action - Resolution No. R2023-282 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager to participate in an interlocal pricing arrangement with Buyboard
for the purchase of Fire Department medical supplies in the estimated amount
of $140,000, from Bound Tree Medical for the period of November 23, 2023
through November 22, 2024.
Fire Department Medical Supplies AIR-23-567-Pdf
F. Consideration and Possible Action - Resolution No. R2023-296 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager to participate in an interlocal pricing arrangement with Buyboard
for the purchase of Fire Department medical supplies in the estimated amount
of$140,000, from Life-Assist, Inc. for the period of November 23, 2023 through
November 22, 2024.
Fire Department Medical Supplies AIR-23-622-Pdf
G. Consideration and Possible Action - Resolution No. R2023-292 - A
Resolution of the City Council of the City of Pearland, Texas, extending
a vehicle repair contract with International Paint and Body of Pearland
and ratifying expenditures, in the estimated amount of $300,000.00, for
the period of June 15, 2023 through June 14, 2024.
Contract for International Paint and Body AIR-23-616-Pdf
H. Consideration and Possible Action - Resolution No. R2023-290 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a 5-
year contract (1-year with 4 renewals) for Automated License Plate Reader
Software and Hardware Maintenance Services, with Flock Safety, Inc., in the
City Council Regular Meeting - November 27, 2023
estimated amount of$77,500.00.
Flock renewal AIR-23-617- Pdf
XII. NEW BUSINESS CONTINUED
4. Consideration and Possible Action - Resolution No. R2023-294 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the Elevated and Ground
Storage Water Tank Rehabilitation Project (Cullen EST, Southeast EST and
Magnolia GST), to CTEX Construction Services, in the amount of
$1,776,875.00.
Cullen EST Rehab and SE (Bailey) EST and Magnolia GST Rehab Contract Award AIR-23-489-
Pdf
5. Consideration and Possible Action — First Reading of Ordinance No. 532-
9 - An Ordinance of the City Council of the City of Pearland, Texas, amending
Ordinance No. 532, the Flood Damage Prevention Ordinance; providing a
penalty for violation; having a savings clause, a repealer clause, a severability
clause; providing for publication and an effective date.
Flood Damage Prevention Ordinance AIR-23-580-Pdf
6. Consideration and Possible Action — First Reading of Ordinance No.
1631-1 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1631, the 2023-2024 Annual Budget Ordinance, to
facilitate the changes identified herein; providing a savings clause, a
severa-bility clause, a repealer clause, and an effective date.
Budget Amendment No. 1 AIR-23-582-Pdf
XIII. MATTERS REMOVED FROM CONSENT AGENDA
XIV. OTHER BUSINESS
XV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
XVI. 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 City Attorney - Potential participation in
class action litigation.
Executive Session- Potential Litigation AIR-23-620-Pdf
XVII. 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(a)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.
City Council Regular Meeting - November 27, 2023
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 was posted at City Hall, 3519 Liberty Dr., Pearland,
Texas 77581 on November 22, 2023 by 5:00 p.m. and remained so posted continuously for at
least 72 hours proceeding the scheduled time of said meeting.
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Frances Aguilar TRMC, MMC
City Secretary
City Council Regular Meeting - November 27, 2023
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CITY OF PEARLAND, TEXAS
NOTICE OF PUBLIC HEARING
CREATION OF A REINVESTMENT ZONE
Notice is hereby given that on the 27th day of November 2023, at 6:30 p.m., the City Council of
the City of Pearland, Texas, will conduct a Public Hearing in the Council Chambers, City Hall,
3519 Liberty Drive, Pearland, Texas, to gather public comment and testimony regarding the
creation of a reinvestment zone in accordance with Section 312,201 of the Tax Code and the
City's Guidelines for Granting for Granting Tax Abatements. At said hearing all interested parties
shall have the right and opportunity to appear and be heard on the subject.
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
city sscrtrint .g-oar. 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.
Frances Aguilar, TRMC, MMC
City Secretary