2024-02-26 City Council Regular Meeting Agenda
City Council Regular Meeting - Feb 26 2024
CITY COUNCIL REGULAR MEETING
AGENDA
MONDAY, FEBRUARY 26, 2024 6:30 PM
PEARLAND CITY HALL |COUNCIL CHAMBERS│3519 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 Joseph Koza, Councilmembers Tony
Carbone, Mona Charvarria, Adrian Hernandez, Layni Cade, Chad Thumann,
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: A request by Mona Malone, applicant, on behalf of JKM5
Liberty LLC., owner, for approval of a zone change for 6.309 acres of land from
Single-Family Residential-2 (R-2) District to Neighborhood Service (NS)
District, to wit:
Legal Description: Parcel 1: Being a tract or parcel containing 4.190 acres of
land situated in the W.D.C Hall Survey, Abstract Number 70, Harris County,
Texas; being out of a called 8.031-acre tract of land conveyed to Golden Rule
Services Inc. as described by deed recorded under Brazoria County Clerk’s
File (B.C.C.F) Number 2011023182. Parcel 2: Being a tract or parcel
containing 2.119 acres of land situated in the W.D.C Hall Survey, Abstract
Number 70, Harris County, Texas; being out of a called 8.031-acre tract of land
City Council Regular Meeting - Feb 26 2024
conveyed to Golden Rule Services Inc. as described by deed recorded under
Brazoria County Clerk’s File (B.C.C.F) Number 2011023182.
General Location: 3801 Liberty Drive, Pearland, Texas.
Public Hearing: Zone Change Application - ZONE 23-16 AIR-24-056 - Pdf
VI. NEW BUSINESS
1. Consideration and Possible Action - First Reading of Ordinance No.
2000M-254 - 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
Parcel 1: being described as a tract or parcel containing 4.190 acres of land
situated in the W.D.C Hall Survey, Abstract Number 70, Harris County, Texas;
being out of a called 8.031-acre tract of land conveyed to Golden Rule
Services Inc. as described by deed recorded under Brazoria County Clerk’s
File (B.C.C.F) Number 2011023182; Parcel 2: being a tract or parcel
containing 2.119 acres of land situated in the W.D.C Hall Survey, Abstract
Number 70, Harris County, Texas; being out of a called 8.031-acre tract of land
conveyed to Golden Rule Services Inc. as described by deed recorded under
Brazoria County Clerk’s File (B.C.C.F) Number 2011023182 (located at 3801
Liberty Drive, Pearland, Texas). Zone Change Application No. ZONE 23-16,
a request by Mona Malone, applicant, on behalf of JKM5 Liberty LLC., owner,
for approval of a zone change from Single-Family Residential-2 (R-2) District to
Neighborhood Service (NS) 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 - First Reading of Ordinance No. 2000M-254 AIR-24-057 -
Pdf
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Czarina O. Schocker, applicant, on behalf of
Pearland Office Center LLC., owner, for approval of a Conditional Use Permit
(CUP) for a Studio or Learning Center for Fine or Performing Arts within the
Business Park-288--- (BP-288) District, on approximately 30.715 acres of land,
to wit:
Legal Description: Lot 1, in Block 1, Minor Plat Pearland Office Park, a
subdivision in Brazoria County, Texas, according to the map or plat thereof,
recorded in County Clerk’s File No. 2018021087 in the Plat Records of
Brazoria County, Texas.
General Location: 2743 Smith Ranch Road Unit 1501, Pearland, TX.
Public Hearing: Conditional Use Permit Application CUP24-01 AIR-24-058 - Pdf
VIII. NEW BUSINESS
2. Consideration and Possible Action - Resolution No. R2024-CUP24-01 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Studio or Learning Center for Fine or
City Council Regular Meeting - Feb 26 2024
Performing Arts use, within the Business Park-288 (BP-288) District, to
accommodate a music studio for learning, on approximately 30.715 acres of
land, being described as Lot 1, in Block 1, Minor Plat Pearland Office Park, a
subdivision in Brazoria County, Texas, according to the map or plat thereof,
recorded in County Clerk’s File No. 2018021087 in the Plat Records of
Brazoria County, Texas (located 2743 Smith Ranch Road Unit 1501,
Pearland, TX). Conditional Use Permit Application No CUP24-01, for Studio or
Learning Center for Fine or Performing Arts use, within the Business Park-288
(BP-288) District, at the request of Czarina O. Schocker, applicant, on behalf of
Pearland Office Center 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 CUP24-01 AIR-24-059 -
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
Workshop held on February 12, 2024, and City Council Regular Meeting held
on February 12, 2024
Approval of Minutes AIR-24-069 - Pdf
B. Consideration and Possible Action - Excuse the absence of Councilmember
Adrian Hernandez from the February 12, 2024 City Council Regular Meeting.
Excuse the absence of Councilmember Adrian Hernandez AIR-24-070 - Pdf
C. Consideration and Possible Action - Excuse the absence of Councilmember
Chad Thumann from the February 12, 2024 City Council Regular Meeting.
Excuse the absence of Councilmember Chad Thumann AIR-24-071 - Pdf
D. Consideration and Possible Action – Second and Final Reading of
Ordinance No. 1358-27 - An Ordinance of the City Council of the City of
Pearland, Texas, amending non-development usage and service fees;
containing a savings clause, a severability clause, a repealer clause, providing
for publication and an effective date.
EMS Transport Fees AIR-24-073 - Pdf
E. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1416-2024 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Chapter 9, Electricity, of the City of Pearland Code
of Ordinances; having a savings clause, a severability clause, and a repealer
clause; and provid-ing for codification -and an effective date.
Update Chapter 9 (Electric Code) of the Currently Adopted Code of Ordinances AIR-24-061 -
Pdf
F. Consideration and Possible Action - Resolution No. R2024-26 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Council Regular Meeting - Feb 26 2024
City Manager or his designee to enter an Amended Memorandum of
Understanding with Brazoria Drainage District No. 4 associated with right-of-
way mowing.
Memorandum of Understanding With Brazoria Drainage District No. 4 AIR-24-032 - Pdf
G. Consideration and Possible Action - Resolution No. R2024-30 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a Development Agreement with
VC1 Pearland Limited Partnership, (“Developer”) for the construction and
maintenance of off-site public improvements associated with the Elation at
Pearland development.
Development Agreement - Elation at Pearland Development AIR-24-044 - Pdf
H. Consideration and Possible Action - Resolution No. R2024-32 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
emergency expenditures with Ram Rod Utilities, for emergency repairs to the
City’s Sanitary Sewer System (5016 Apple Springs Dr.), in the amount of
$112,100.00.
Ratification of Sanitary Sewer Emergency Repairs AIR-24-068 - Pdf
I. Consideration and Possible Action - Resolution No. R2024-31 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to participate in interlocal cooperative pricing
agreements with Omnia Partners for the purchase and installation of six (6)
complete HVAC systems (West Pearland Community Center HVAC
Replacement Project), in the estimated amount of $125,152.00, from TD
Industries.
West Pearland Community Center HVAC Replacement - Construction Award AIR-24-015 - Pdf
J. Consideration and Possible Action - Resolution No. R2024-27 - A
Resolution of the City Council of the City of Pearland, Texas, extending a unit
price lease contract for multi-function devices (printers, copier, scanners) with
Ricoh USA, in the estimated amount of $115,000.00, for the period of February
27, 2024 through February 26, 2026.
Contract award consideration for Ricoh USA AIR-24-034 - Pdf
X. NEW BUSINESS CONTINUED
3. Consideration and Possible Action - Resolution No. R2024-11 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the Shadow Creek Trail Project
(Phase 2), to Tandem Services, LLC., in the amount of $1,830,530.25.
Shadow Creek Trail Phase 2 - Along Clear Creek Relief Ditch Construction Award AIR-23-673 -
Pdf
XI. MATTERS REMOVED FROM CONSENT AGENDA
XII. OTHER BUSINESS
XIII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
XIV. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
City Council Regular Meeting - Feb 26 2024
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 551.072 - Deliberations regarding the purchase, lease, or exchange of
real property.
Executive Session- Sale, Purchase, Lease or Exchange of Real Property AIR-24-049 - Pdf
Section 551.087 - Deliberations regarding economic development
negotiations.
Executive Session- Economic Development Negotiations AIR-24-050 - Pdf
XV. NEW BUSINESS CONTINUED
4. 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-24-051 - Pdf
5. Consideration and Possible Action - Regarding economic development
negotiations.
Executive Session- Economic Development Negotiations AIR-24-052 - Pdf
XVI. 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@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 was posted at City Hall, 3519 Liberty Dr., Pearland,
Texas 77581 on February 22, 2024, by 6:00 p.m. and remained so posted continuously for at
least 72 hours proceeding the scheduled time of said meeting.