2024-04-22 City Council Regular Meeting Agenda The following will be presented before the City Council Meeting:
PROCLAMATIONS
Records and Information Management Month
National Animal Control Week
National Public Safety and Telecommunicators Week
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CITY COUNCIL REGULAR MEETING
AGENDA
MONDAY, APRIL 22, 2024 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-Tem Joseph Koza, Councilmembers Tony
Carbone, Mona Chavarria, 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 Jerome
Karam, owner, for approval of a Conditional Use Permit (CUP) for a Child Day
Care Center (Business) use within the Office & Professional (OP) District, on
approximately 6.309 acres of land, to wit:
Legal Description: Parcel 1: Being a tract or parcel containing 4.190 acres of
City Council Regular Meeting -Apr 22 2024
land situated in the W.D.0 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.0 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.
General Location: 3801 Liberty Drive, Pearland, Texas.
Public Hearing: Conditional Use Permit Application CUP24-03 AIR-24-144 -
Pdf
VI. NEW BUSINESS NO. 1
1. Consideration and Possible Action - Resolution No. R2024-CUP24-03 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Child Day Care Center (Business) use
within the Office & Professional (OP) District, to accommodate a Child Day
Care Center, on approximately 6.309 acres of land, being Parcel 1: Being a
tract or parcel containing 4.190 acres of land situated in the W.D.0 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.0 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,
TX). Conditional Use Permit Application No CUP24-03, for a Child Day Care
Center (Business) use, within the Office & Professional (OP) District, at the
request of Mona Malone, applicant, on behalf of Jerome Karam, 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-
03 AIR-24-145 - Pdf
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Vincent Gerard & Associates, applicant, on
behalf of Bill & Nancy Williams, owner, for approval of a Conditional Use
Permit (CUP) to replace an existing wireless communications tower with a
hundred and fifty feet (150') tall wireless communications tower within the Light
Industrial (M-1) District, on approximately 9.140 acres of land, to wit:
Legal Description: Being a 9.140-acre (358,154.94 square feet) tract of land
situated in the ACH&B Survey, Section No. 1, Abstract No. 147, being all of a
called 9.1404 acres, described in deed to Bill E. Williams & Nancy C. Williams,
Trustees, recorded in Instrument No. 2015040910, Deed Records, Brazoria
County, Texas.
City Council Regular Meeting -Apr 22 2024
General Location: 3326 South Main Street, Pearland, Texas.
Public Hearing: Conditional Use Permit Application CUP24-10 AIR-24-147 -
Pdf
Vill. NEW BUSINESS NO. 2
2. Consideration and Possible Action - Resolution No. R2024-CUP24-10 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to replace an existing wireless
communications tower with a hundred and fifty feet (150') tall wireless
communications tower within the Light Industrial (M-1) District, to
accommodate a new wireless communications tower, on approximately 9.140
acres of land, being a 9.140-acre (358,154.94 square feet) tract of land
situated in the ACH&B Survey, Section No. 1, Abstract No. 147, being all of a
called 9.1404 acres, described in deed to Bill E. Williams & Nancy C. Williams,
Trustees, recorded in Instrument No. 2015040910, Deed Records, Brazoria
County, Texas (located at 3326 South Main Street, Pearland, TX).
Conditional Use Permit Application No CUP24-10, for a new wireless
communications tower, within the Light Industrial (M-1) District, at the request
of Vincent Gerard & Associates, applicant, on behalf of Bill & Nancy Williams,
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-
10 AIR-24-146 - Pdf
IX. PUBLIC HEARING NO. 3
3. Public Hearing: A request by James Ramirez, applicant, on behalf of Shauntel
Barnett Russell, owner, for approval of a Conditional Use Permit (CUP) for an
Auto Repair (Major) use within the General Commercial (GC) District, on
approximately 2.793 acres of land, to wit:
Legal Description: 2.793-acre tract of land being a part of Lots 3, 4 and 5 of
the George W. Jenkins Subdivision, recorded in Volume 2, Page 20, of the Plat
Records of Brazoria County, Texas.
General Location: 1415 Broadway Street, Pearland, Texas.
Public Hearing: Conditional Use Permit Application CUP24-12 AIR-24-150 -
Pdf
X. NEW BUSINESS NO. 3
3. Consideration and Possible Action - Resolution No. R2024-CUP24-12 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for an Auto Repair (Major) use within the
General Commercial (GC) District, to accommodate an auto repair (major)
use, on approximately 2.793 acres of land, being a 2.793-acre tract of land
being a part of Lots 3, 4 and 5 of the George W. Jenkins Subdivision, recorded
in Volume 2, Page 20, of the Plat Records of Brazoria County, Texas (located
at 1415 Broadway Street, Pearland, TX). Conditional Use Permit Application
City Council Regular Meeting - Apr 22 2024
No CUP24-12, for an Auto Repair (Major) use, within the General Commercial
(GC) District, at the request of James Ramirez, applicant, on behalf of
Shauntel Barnett Russell, 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-
12 AIR-24-151 - Pdf
XI. PUBLIC HEARING NO. 4
4. Public Hearing: A request by Alan Mueller, applicant, on behalf of MMSN
Enterprise of Texas #2, LLC., represented by Nick Motamedi, owner, for
approval of a Conditional Use Permit (CUP) for a Gasoline Station use within
the General Business (GB) District, on approximately 2.1804 acres of land, to
wit:
Legal Description: 2.1804 acres or 94,978 square feet of land being part of
Lot 31, Section 10, of the Allison Richey Gulf Coast Home Company
Subdivision recorded in Volume 2, Page 23, of the Plat Records of Brazoria
County, Texas.
General Location: Northwest Corner of McHard Road and Max Road,
Pearland, Texas.
Public Hearing: Conditional Use Permit Application CUP24-11 AIR-24-148 -
Pdf
XII. NEW BUSINESS
4. Consideration and Possible Action - Resolution No. R2024-CUP24-11 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Gasoline Station use within the General
Business (GB) District, to accommodate a gasoline station with a
convenience store and retail lease space, on approximately 2.1804 acres of
land, being 2.1804 acres or 94,978 square feet of land being part of Lot 31,
Section 10, of the Allison Richey Gulf Coast Home Company Subdivision
recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas
(located at Northwest Corner of McHard Road and Max Road, Pearland,
TX). Conditional Use Permit Application No CUP24-11, for a Gasoline Station
use, within the General Business (GB) District, at the request of Alan Mueller,
applicant, on behalf of MMSN Enterprise of Texas #2, LLC., represented by
Nick Motamedi, 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-
11 AIR-24-149 - Pdf
XIII. 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
City Council Regular Meeting -Apr 22 2024
action (VI. Matters Removed from Consent Agenda). Approval of the Consent Agenda
enacts the items of legislation.
A. Consideration and Possible Action - Approve the minutes of the Pearland
City Council Workshop Meeting of April 8, 2024, and Regular Meeting of April
8, 2024.
Approval of Minutes AIR-24-168 - Pdf
B. Consideration and Possible Action - Excuse the absence of Councilmember
Chad Thumann from the April 8, 2024 City Council Regular Meeting.
Excuse the absence of Councilmember Chad Thumann AIR-24-158 - Pdf
C. Consideration and Possible Action -Approve appointments to citizen boards
bpi and commissions as presented in the staff report.
THIS ITEM HAS BEEN PULLED FROM THE AGENDA.
Appointment to the Boards and Commissions AIR-24-171 - Pdf
D. Consideration and Possible Action - Resolution No. R2020-CUP20-00014-
1 - A Resolution Nunc Pro Tunc of the City Council of the City of Pearland
correcting the unintentional execution of Resolution No. R2020-CUP20-00014
which failed by a vote of one vote For and four votes Against (1-4).
Resolution of Nunc Pro Tunc (Now for Then) Correcting an Inadvertently
Executed Resolution AIR-24-157 - Pdf
E. Consideration and Possible Action - Resolution No. R2024-68 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a unit
cost contract with Lone Star Pavement Services, LLC., for road striping
services, in the estimated amount of $300,000.00, for the period of April 25,
2024 through April 24, 2025.
City Pavement Marking AIR-24-104 - Pdf
F. Consideration and Possible Action - Resolution No. R2024-67 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract associated with the Community Development Block Grant Program
(B-18-MC-48-0400), for minor repairs and rehabilitation to single family owner-
occupied homes of low-moderate income Pearland residents, to Circle Friends
Construction, in the estimated amount of$116,000.00 (total contract amount of
$221,000.00).
Contract Amendment- General Services Agreement- HUD CDBG Single
Family Housing Rehab AIR-24-112 - Pdf
G. Consideration and Possible Action - Resolution No. R2024-77 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
service contract for municipal veterinary services with Pearland Animal
Hospital, in the additional amount of $52,500.00 (total contract amount of
$100,000.00), for the period of September 12, 2023 through September 11,
2024.
Pearland Animal Hospital Contract Amendment AIR-24-138- Pdf
H. Consideration and Possible Action - Resolution No. R2024-73 - 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 Interlocal Purchasing System, for the purchase of Police
City Council Regular Meeting -Apr 22 2024
Department Technology Equipment, in the estimated amount of $104,833.09,
from Data Vox, Inc.
Tech Equipment Purchase for Police Operations Center AIR-24-122 - Pdf
I. Consideration and Possible Action - Resolution No. R2024-75 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
consulting service contract with Matrix Consulting, to prepare a Feasibility
Study for consolidation of Fire and Police dispatch services, in the estimated
amount of$61,000.00.
Dispatch Feasibility Study AIR-24-132 - Pdf
XIV. NEW BUSINESS CONTINUED
5. Consideration and Possible Action — First Reading of Ordinance No. 374-
5 - An Ordinance of the City Council of the City of Pearland, Texas, amending
Chapter 31, Wrecker Service, of the City of Pearland Code of Ordinances in its
entirety, as it may have been, from time to time; having a savings clause, a
severability clause, a penalty clause, and a repealer clause; providing for
codification -and an effective date.
First Reading-Tow Truck Ordinance Change AIR-24-116 - Pdf
6. Consideration and Possible Action — First Reading of Ordinance No.
1358-28 - 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.
Fee Schedule Change AIR-24-114 - Pdf
7. Consideration and Possible Action - Resolution No. R2024-46 - A
Resolution of the City Council of the City of Pearland, Texas, approving and
adopting the 2024 Hazard Mitigation Plan Update.
City of Pearland Hazard Mitigation Plan (HMP) 2024 AIR-24-062 - Pdf
8. Consideration and Possible Action - Resolution No. R2024-71 - 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 Buyboard Purchasing System for the purchase of asphalt
repair services, in the estimated amount of $1,061,704.40, from Pavecon for
the period beginning April 23, 2024 through April 22, 2025.
2024 Asphalt Road Repair Contract AIR-24-103 - Pdf
9. Consideration and Possible Action - Resolution No. R2024-70 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract with Bowman Engineering & Consulting, Inc., for professional services
associated with the Longwood Park Drainage Improvement Project, in the
estimated amount of$516,326.69.
Longwood Park (Roadside Ditch and Culvert) Drainage Improvements Design
Award AIR-24-120 - Pdf
10. Consideration and Possible Action - Resolution No. R2024-78 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the Sanitary Sewer
Rehabilitation — Barry Rose Basin (03 and 04) Project, to Lopez Utilities
City Council Regular Meeting - Apr 22 2024
Contractor, LLC., in the amount of$2,988,075.00.
Sanitary Sewer Rehabilitation - Barry Rose Basin 03 & 04 AIR-24-135 - Pdf
11. Consideration and Possible Action - Resolution R2024-64 -A Resolution of
the City Council of the City of Pearland, Texas, authorizing participation in the
FY 2024-25 Houston-Galveston Area Council (HGAC) Solid Waste Grant
Program (SWMG); and authorizing execution of the Grant Agreement awarding
the City $70,953.00.
FY 24 and FY 25 HGAC Solid Waste Grant Program AIR-24-124 - Pdf
XV. MATTERS REMOVED FROM CONSENT AGENDA
XVI. OTHER BUSINESS
XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
XVIII. 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 - Discussion regarding membership on City Boards and
Commissions.
Executive Session- Boards and Commissions AIR-24-163 - Pdf
Section 551.074 - Deliberations regarding development of the City Manager's
Annual Performance Goals.
Executive Session- Personnel Matters AIR-24-154 - Pdf
Section 551.074 - Deliberation regarding an amendment to the City Manager's
employment contract.
Executive Session- Personnel Matters AIR-24-152 - Pdf
XIX. NEW BUSINESS CONTINUED
12. Consideration and Possible Action - Regarding City Boards and
Commissions appointment.
Executive Session - B&C Appointment AIR-24-176 - Pdf
13. Consideration and Possible Action - Regarding an amendment of the City
Manager's employment contract.
Executive Session- Personnel Matters AIR-24-153 - Pdf
XX. 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 - Apr 22 2024
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 April 19, 2024 by 5:00 p.m. and remained so posted continuously for at least
72 hours proceeding the scheduled time of said meeting.
Fri Agtti�
Frances Aguilar TRMC, MMC
City Secretary
City Council Regular Meeting -Apr 22 2024