2024-07-22 City Council Regular Meeting Agenda-6:30PM CITY COUNCIL REGULAR MEETING
AGENDA
MONDAY, JULY 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 Tony Carbone, Councilmembers Joseph
Koza, Mona Chavarria, Clint Byrom, 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. 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 - Second and Final Reading of
Ordinance No. 2000M-259 - 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 described as a 79.42-acre tract of land situated in the H. T. &
B. R. R. CO. Survey, Section 32, Abstract No. 525 of Brazoria County, Texas
and being out of a called 247.91- acre tract of land described in an instrument
to RMJ Miller Real Estate Holdings, LTD., recorded under Brazoria County
City Council Regular Meeting - Jul 22 2024
Clerk' s File No. 2001055633 and corrected under Brazoria County Clerk's File
No. 2002020349 (located at South of Old Massey Ranch Road, East of the
Future Harkey Road and West of McLean Road). Zone Change Application
No. ZONE 24-09, a request by Andrew Lang, BGE, Inc., applicant, on behalf of
MO Tract 3, LP, owner, for approval of amendments to the Massey Oaks
Planned Development, on approximately 79.42 acres of land; 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 and Final Reading of Ordinance
No. 2000M-259 AIR-24-310 - Pdf
B. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1635 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Chapter 11, Food and Food Handlers, of the City
of Pearland Code of Ordinances, as it may have been, from time to time,
amended, to repeal the existing Chapter 11, Food and Food Handlers; and
adopting a new Chapter 11, Food and Food Handlers; having a savings
clause, a severability clause, and a repealer clause; and providing for
codification and an effective date.
Ordinance Amending Section 11 Food and Food Handlers AIR-24-318 - Pdf
C. Consideration and Possible Action - Second and Final Reading of
Ordinance No.1358-29 - 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.
Second Reading of Non-Development Fee Ordinance updating Chapter 11
Food and Food Handlers Fees. AIR-24-288 - Pdf
VI. MATTERS REMOVED FROM CONSENT AGENDA
VII. PUBLIC HEARING NO. 1
1. First Public Hearing - Voluntary Annexation - Approximately 16,604.1
square feet, generally located southwest of the intersection of Glenview Drive
and De Leon Lane.
Public Hearing - Voluntary Annexation - Glenview Drive AIR-24-289 - Pdf
Vill. NEW BUSINESS NO. 1
1. Consideration and Possible Action - First Reading of Ordinance No. 1636
- An Ordinance extending the city limits of the City of Pearland, Texas, to
include certain land area within certain limits and boundaries and annexing to
the City of Pearland the area within such limits and boundaries (approximately
16,604 square feet generally located at Southwest of the intersection of
Glenview Drive and DeLeon Lane); containing an effective date and other
provisions related to the subject; and providing a savings and severability
clause.
Consideration and Possible Action - First Reading of Ordinance No. 1636 AIR-
24-290 - Pdf
City Council Regular Meeting - Jul 22 2024
IX. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Jessica Ruiz, applicant, on behalf of Prosperity
Roofing & Construction LLC., owner, for approval of a zone change for 0.9753
acres of land from Office & Professional (OP) District to General Commercial
(GC) District, to wit:
Legal Description: Being a tract of land containing 0.9753 acres (42,484
square feet), situated in Section 8 of the H.T. & B.R.R. Company Survey,
Abstract 504, Brazoria County, Texas, being all of a tract of land conveyed
unto DGND Holdings LLC under County Clerk's File No. 2023009782 of the
Official Records of Brazoria County, Texas, and being out of and a part of Lot
23 of the Allison-Richey Gulf Coast Home Company Subdivision of said
Section 8 as recorded in Volume 2, Page 23 of the Plat Records of Brazoria
County, Texas.
General Location: 2641 Roy Road, Pearland, TX.
Public Hearing: Zone Change Application - ZONE 24-11 AIR-24-291 - Pdf
X. NEW BUSINESS NO. 2
2. Consideration and Possible Action - First Reading of Ordinance No.
2000M-260 - 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
described as a tract of land containing 0.9753 acres (42,484 square feet),
situated in Section 8 of the H.T. & B.R.R. Company Survey, Abstract 504,
Brazoria County, Texas, being all of a tract of land conveyed unto DGND
Holdings LLC under County Clerk's File No. 2023009782 of the Official
Records of Brazoria County, Texas, and being out of and a part of Lot 23 of
the Allison-Richey Gulf Coast Home Company Subdivision of said Section 8 as
recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas
(located at 2641 Roy Road, Texas). Zone Change Application No. ZONE 24-
11, a request by Jessica Ruiz, applicant, on behalf of Prosperity Roofing &
Construction LLC., owner, for approval of a zone change from Office &
Professional (OP) District to General Commercial (GC) 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-
260 AIR-24-292 - Pdf
XI. PUBLIC HEARING NO. 3
3. Public Hearing: A request by Aurangzab Jalili, applicant, on behalf of Turphin
Ventures, LLC., owner, for approval of a Conditional Use Permit (CUP) for an
Auto Wash use within the General Business (GB) District, on approximately
2.261 acres of land, to wit:
Legal Description: Lot 1, Block 1, Development Plat of Jalili Acres, a
City Council Regular Meeting - Jul 22 2024
subdivision in Brazoria County, Texas, according to the map or plat thereof,
recorded in County Clerk's File No. 2023039613 in the Plat records of Brazoria
County, Texas.
General Location: 8013 Broadway Street, Pearland, Texas.
Public Hearing: Conditional Use Permit Application CUP 24-16 AIR-24-293 -
Pdf
XII. NEW BUSINESS NO. 3
3. Consideration and Possible Action - Resolution No. R2024-CUP24-16 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for an Auto Wash use within the General
Business (GB) District, to accommodate an Auto Wash, on approximately
2.261 acres of land, being Lot 1, Block 1, Development Plat of Jalili Acres, a
subdivision in Brazoria County, Texas, according to the map or plat thereof,
recorded in County Clerk's File No. 2023039613 in the Plat records of Brazoria
County, Texas (located at 8013 Broadway Street, Pearland, TX). Conditional
Use Permit Application No CUP24-16, for an Auto Wash use, within the
General Business (GB) District, at the request of Aurangzab Jalili, applicant, on
behalf of Turphin Ventures, 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 CUP
24-16 AIR-24-294 - Pdf
XIII. PUBLIC HEARING NO. 4
4. Public Hearing: A request by Eddy Aguiar, applicant, on behalf of PCDF
Properties, LLC., owner, for approval of a Conditional Use Permit (CUP) for a
Cigar Shop use within the General Commercial (GC) District, on approximately
1.1614 acres of land, to wit:
Legal Description: Lot 1, Block 1, Final Plat of Silverlake Center, a
subdivision in Brazoria County, Texas, according to the map or plat thereof,
recorded in County Clerk's File No. 2003052772 in the Plat records of Brazoria
County, Texas.
General Location: 10201 Broadway Street Suite 113, Pearland, Texas.
Public Hearing: Conditional Use Permit Application CUP 24-17 AIR-24-295 -
Pdf
XIV. NEW BUSINESS NO. 4
4. Consideration and Possible Action - Resolution No. R2024-CUP24-17 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Cigar Shop use within the General
Commercial (GC) District, to accommodate a Cigar Shop, on approximately
1.1614 acres of land, being Lot 1, Block 1, Final Plat of Silverlake Center, a
subdivision in Brazoria County, Texas, according to the map or plat thereof,
City Council Regular Meeting - Jul 22 2024
recorded in County Clerk's File No. 2003052772 in the Plat records of Brazoria
County, Texas (located at 10201 Broadway Street Suite 113, Pearland, TX).
Conditional Use Permit Application No CUP24-17, for a Cigar Shop use, within
the General Commercial (GC) District, at the request of Eddy Aguiar, applicant,
on behalf of PCDF Properties, 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 CUP
24-17 AIR-24-296 - Pdf
XV. NEW BUSINESS CONTINUED
5. Consideration and Possible Action - Resolution No. R2024-145 - A
Resolution of the City Council of the City of Pearland, Texas, making
provisions for the allowance of temporary banner signs for signs damaged by
Hurricane Beryl.
Hurricane Beryl -temporary signs associated with repair AIR-24-319 - Pdf
6. Consideration and Possible Action - Resolution No. R2024-116 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract with LJA Engineering, for professional services associated with new
Environmental Protection Agency (EPA) requirements to comply with the
Revised Lead and Copper Rule Revision, in the estimated amount of
$619,500.00.
Federal Mandated Revised Lead and Copper Rule Service Line Investigation
AIR-24-211 - Pdf
7. Consideration and Possible Action - Resolution No. R2024-126 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
Construction Manager at Risk contract with Teal Construction Company to
include the Guaranteed Maximum Price (GMP) of $19,312,178.48 (inclusive of
General Conditions and Pre-Construction Services) for Construction Phase
Services associated with the Hillhouse Road Annex Project (Phase II).
Hillhouse Road Annex Ph II GMP Award AIR-24-238 - Pdf
8. Consideration and Possible Action - Resolution No. R2024-134 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to acquire fee title to certain property for road
improvements; all of that certain tract or parcel containing a 0.0352 acre (1,532
square feet) tract of land situated in the T.J. Green Survey, Abstract No. 198,
Harris County, Texas, and being out of and a part of Restricted Reserve "D" of
Amending Plat of Rehoboth Acres, a Plat recorded under Volume (Vol.) 22,
Page (Pg.) 85 of the Brazoria County Map Records (B.C.M.R.) and further
being part of the same called 1.148 acres tract described in a Confirmatory
Receiver's Deed conveyed from the Federal Deposit Insurance Corporation, as
Receiver for Washington Mutual Bank, formerly known as Washington Mutual
Bank, FA to JPMorgan Chase Bank, National Association and recorded under
Brazoria County Clerk's File Number (B.C.C.F. No.) 2009036030, of the
Official Public Records of Real Property of Brazoria County
(O.P.R.O.R.P.B.C.), Texas for construction and maintenance of road
improvements on certain real property described herein; authorizing the city
attorney, or his designee, and other city officials to take such actions as are
City Council Regular Meeting - Jul 22 2024
necessary to acquire said property, located within the city, by donation,
purchase, or by the exercise of the power of eminent domain.
ROW Acquisition (Pearland Parkway at FM 518)AIR-24-266 - Pdf
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 551.087 - Discussion regarding economic development negotiations.
Executive Session- Economic Development Negotiations AIR-24-276 - Pdf
Section 551.071 - Consultation with City Attorney for advice on legal matters
related to enforcement of contractual obligations.
Executive Session- Consultation with Attorney AIR-24-286 - Pdf
Section 551.074- Discussion regarding City Boards and Commission.
Executive Session- Personnel Matters AIR-24-267 - Pdf
Executive Session- Personnel Matters AIR-24-267 - Html
XIX. NEW BUSINESS CONTINUED
9. Consideration and Possible Action - Regarding appointments to City Boards
and Commissions.
Executive Session- Personnel Matters AIR-24-317 - 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.
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 July 19, 2024 by 5:00 p.m. and remained so posted continuously for at least 72
hours proceeding the scheduled time of said meeting.
Frances Aguilar TRMC, MMC
City Secretary
City Council Regular Meeting - Jul 22 2024