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2021-08-09 CITY COUNCIL REGULAR MEETING AGENDACITY COUNCIL REGULAR MEETING AGENDA VIA IN-PERSON/TELEPHONENIDEO CONFERENCE Monday, August 9, 2021 6:30 PM PEARLAND CITY HALL (COUNCIL CHAMBERS 13519 LIBERTY DRIVE NOTICE IS HEREBY GIVEN in accordance with order of the Office of the Governor issued March 16, 2020, the City Council of the City of Pearland will conduct its Regular Meeting scheduled on Monday, August 9, 2021, at 6:30 PM, located at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 by telephone or video conference (preferred) and also in -person with social distancing protocols and restrictions in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the Coronavirus (COVID-19). The public will be permitted to offer public comments telephonically as first priority and in -person as provided by the agenda and as permitted by the presiding officer during the meeting. All virtual participating speakers MUST register in advance (Monday, August 9, 2021, no later than 12 p.m.). All public comments will occur during Citizen Comments, expect that comments pertaining to a specific agenda item will occur when the agenda item is considered. Submit the online registration form found at: http://www. pearlandtx.gov/departments/city-secretary/speaker-request-registration-form • Once the registration form is received, residents will receive either an email or phone call providing the telephone number to call. • Speakers must call in at least 30 minutes prior to the meeting start in order to speak, late callers will not be accepted and will not be able to speak. Speakers will be placed in a queue until their time to speak. Handouts or other information must be emailed to citysecretary@pearlandtx.gov no later than 12 p.m. on the day of the meeting. The information will be provided to Mayor and Council in advance of the meeting. Residents may watch the meeting online at: https://pearlandtx.civicweb.net/Portal/ City Council Regular Meeting - Aug 09 2021 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 Adrian Hernandez, Councilmember Luke Orlando, Councilmember Tony Carbone, Councilmember Alex Kamkar, Councilmember J. David Little, Councilmember Trent Perez, Councilmember 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 PUBLIC HEARING: A request by the City of Pearland, applicant, for approval of proposed amendments to the Unified Development Code, Ordinance No. 2000T, in accordance with Section 1.1.4.1 of the Unified Development Code, to include: 1. Amendments to Chapter 2, Section 2.7.3.7, Special Exception for Nonconformities, of the Unified Development Code, to allow non - masonry screening options from residential zoning or uses by special exceptions to be granted by the Zoning Board of Adjustment. Public Hearing: Unified Development Code Amendments: 2000-T-35 AIR-21-350 - Pdf VI. NEW BUSINESS 1. Consideration and Possible Action - First Reading of Ordinance No. 2000T-35 - An Ordinance of the City Council of the City of Pearland, Texas, for the purpose of amending to the Unified Development Code of the City of Pearland, Texas, Ordinance No. 2000T, Amendments to Chapter 2, Section 2.7.3.7, Special Exception for Nonconformities, of the Unified Development Code, to allow non -masonry screening options from residential zoning or uses by special exceptions to be granted by the Zoning Board of Adjustment; 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. 2000T-35 AIR-21-367 - Pdf City Council Regular Meeting - Aug 09 2021 VII. PUBLIC HEARING NO. 2 PUBLIC HEARING: A request by Tricia Cardoso, applicant, on behalf of Thomas Skariah, owner, for approval of a zone change from the General Business (GB) District and Office Professional (OP) District to the General Commercial (GC) District, on approximately 3.3655 acres of land, to wit: Legal Description: A tract of land containing 3.3655 acres (146,602 square feet), being out of Lot 23 of the Allison -Richey Gulf Coast Home Company Subdivision of Section 8, H.T. & B.R.R. Company Survey, Abstract No. 504, Brazoria County, Texas, according to the plat recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas. General Location: 6743 Broadway Street, Pearland, TX. Public Hearing: Zone Change Application — ZONE 21-00011 AIR-21-348 - Pdf VIII. NEW BUSINESS 2. Consideration and Possible Action - First Reading of Ordinance No. 2000M-214 - 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, a tract of land containing 3.3655 acres (146,602 square feet), being out of Lot 23 of the Allison -Richey Gulf Coast Home Company Subdivision of Section 8, H.T. & B.R.R. Company Survey, Abstract No. 504, Brazoria County, Texas, according to the plat recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas (located at 6743 Broadway Street, Pearland, TX). Zone Change Application No. ZONE 21-00011, a request by Tricia Cardoso, applicant, on behalf of Thomas Skariah, owner, for approval of a zone change from the General Business (GB) District and Office Professional (OP) District to the General Commercial (GC) District, on approximately 3.3655 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 - First Reading of Ordinance No. 2000M-214 AIR-21-362 - Pdf IX. PUBLIC HEARING NO. 3 PUBLIC HEARING: A request by Louis Urrabazo, applicant, on behalf of Vaquero Studio Partners, LP, owner, for approval of a Conditional Use Permit (CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Commercial (GC) District, to accommodate approximately 1,740- square foot vape shop located at an existing retail center, on a 0.8312-acre lot, to wit: Legal Description: Being all of Lot A, Block 1 of AAP — Pearland Section 1, City Council Regular Meeting - Aug 09 2021 a subdivision of 3.7164 acres situated in the Perry and Austin League, Abstract No. 111, in the City of Pearland, Texas, as recorded in County Clerk's File No. 2006055695 in the Official Plat Records of Brazoria County, Texas. General Location: 1427 Broadway Street, Suite A, Pearland, Texas. Public Hearing: Conditional Use Permit Application — CUP 21-00020 AIR-21-351 - Pdf X. NEW BUSINESS 3. Consideration and Possible Action - Resolution No. R2021-CUP21- 00020 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Cigars, Tobacco or E- Cigarettes Shop (Retail Only) use within the General Commercial (GC) District, to accommodate approximately 1,740-square foot vape shop located at an existing retail center, on a 0.8312-acre lot; being all of Lot A, Block 1 of AAP — Pearland Section 1, a subdivision of 3.7164 acres situated in the Perry and Austin League, Abstract No. 111, in the City of Pearland, Texas, as recorded in County Clerk's File No. 2006055695 in the Official Plat Records of Brazoria County, Texas (located at 1427 Broadway Street, Suite A, Pearland, Texas). Conditional Use Permit Application No CUP21- 00020, for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Commercial (GC) District, at the request of Louis Urrabazo, applicant, on behalf of Vaquero Studio Partners, LP, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Consideration and Possible Action - Resolution No. R2021-CUP21-00020 AIR-21-366 - Pdf XI. PUBLIC HEARING NO. 4 PUBLIC HEARING: A request by Lavene Cross, applicant, on behalf of Grace Business Center, owner, for approval of a Conditional Use Permit (CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Business (GB) District of the Stonebridge Planned Development (PUD), to accommodate a 1,200-square foot vape shop located at an existing retail center, on a 4.4996-acre lot, to wit: Legal Description: Being all of Tract A, Block 1 of Centre at Pearland Parkway, a subdivision of 4.5066 acres in the City of Pearland, Texas, as recorded in County Clerk's File No. 2006061125 in the Official Plat Records of Brazoria County, Texas. General Location: 1853 Pearland Parkway, Suite 111, Pearland, Texas. Public Hearing: Conditional Use Permit Application — CUP 21-00019 AIR-21-349 - Pdf XII. NEW BUSINESS 4. Consideration and Possible Action - Resolution No. R2021-CUP21- 00019 - A Resolution of the City Council of the City of Pearland, Texas, City Council Regular Meeting - Aug 09 2021 approving a Conditional Use Permit (CUP) for Cigars, Tobacco or E- Cigarettes Shop (Retail Only) use within the General Business (GB) District of the Stonebridge Planned Development (PD), to accommodate a 1,200-square foot vape shop located at an existing retail center, on approximately 4.4996-acre lot; being all of Tract A, Block 1 of Centre at Pearland Parkway, a subdivision of 4.5066 acres in the City of Pearland, Texas, as recorded in County Clerk's File No. 2006061125 in the Official Plat Records of Brazoria County, Texas (located at 1853 Pearland Parkway, Suite 111, Pearland, Texas). Conditional Use Permit Application No CUP21-00019, for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Business (GB) District of the Stonebridge Planned Development (PD), at the request of Lavene Cross, applicant, on behalf of Grace Business Center, owner, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Consideration and Possible Action - Resolution No. R2021-CUP21-00019 AIR-21-363 - Pdf XIII. CONSENT AGENDA A. B. 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. Consideration and Possible Action - Approval of Minutes City Council and Planning and Zoning Commission Joint Planned Development Workshop Minutes - July 19, 2021 City Council Special Meeting Minutes - July 26, 2021 City Council Regular Meeting Minutes - July 26, 2021 City Council and Planning and Zoning Commission Joint Planned Development Workshop Minutes - July 19, 2021 City Council Special Meeting Minutes - July 26, 2021 City Council Regular Meeting Minutes - July 26, 2021 Consideration and Possible Action — Second and Final Reading of Ordinance No. 1517-4 - An Ordinance of the City Council of the City of Pearland, Texas, amending portions of the Thoroughfare Plan portion of the City's Comprehensive Plan; having a savings clause, a severability clause, and a repealer clause; providing for codification and an effective date. 2021 Thoroughfare Plan Minor Update AIR-21-368 - Pdf C. Consideration and Possible Action - Resolution No. R2021-170 - A Resolution of the City Council of the City of Pearland, Texas renewing an audit services contract, with BKD LLP, in the amount of $117,300.00. Audit Services Contract Renewal AIR-21-360 - Pdf D. Consideration and Possible Action - Resolution No. R2021-158 - A Resolution of the City Council of the City of Pearland, Texas, renewing a City Council Regular Meeting - Aug 09 2021 supply contract for water meters to Badger Meter, Inc., in the estimated amount of $162,613.00, for the period of August 10, 2021 through August 9, 2022. Badger Water Meters AIR-21-319 - Pdf E. Consideration and Possible Action - Resolution No. R2021-106 - A Resolution of the City Council of the City of Pearland, Texas, repealing Resolution R2020-202 and approving an Advanced Funding Agreement with the State of Texas, in the amount of $449,600.00, for the Country Club Bridge Replacement Project. Country Club at Clear Creek Bridge AFA Revision AIR-21-136 - Pdf F. Consideration and Possible Action - Resolution No. R2021-159 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Joiner Architects, for design services associated with the Fire Station No. 2 repairs, in the estimated amount of $81,400.00. Fire Station No. 2 Repairs - Engineering Contract AIR-21-304 - Pdf G. Consideration and Possible Action - Resolution No. R2021-160 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Reimbursement Agreement between the City and the Pearland Economic Development Corporation; and awarding a contract for demolition services associated with nuisance abatement (4653 Main Street), to Juarez Pearland Gardening, in the amount of $80,000.00. 4653 Main St. Property Demolitions and Nuisance Clean -Up AIR-21-333 - Pdf H. Consideration and Possible Action - Resolution No. R2021-169 - A Resolution of the City Council of the City of Pearland, Texas, accepting the City's Investment Report for the quarter ending June 2021. Quarterly Investment Report - June 2021 AIR-21-358 - Pdf XIV. NEW BUSINESS CONTINUED 5. Consideration and Possible Action - Resolution No. R2021-168 - A Resolution of the City Council of the City of Pearland, Texas, approving the U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) Program Fiscal Year 2022 Annual Action Plan, as part of its FY 2018-2022 CDBG 5-Year Consolidated Plan, to be submitted to the U.S. Department of Housing and Urban Development. FY 22 CDBG Action Plan AIR-21-356 - Pdf 6. Consideration and Possible Action — First and Only Reading of Ordinance No. 1497-9 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1497-8 as it applies to certain times and limits for school zones established for vehicles under the provisions of the Texas Transportation Code upon certain streets and highways, of parts thereof, within the corporate limits of the City of Pearland, as set out in this ordinance; and providing a penalty; and declaring an City Council Regular Meeting - Aug 09 2021 emergency. School Zone Ordinance Amendment AIR-21-365 - Pdf 7. Consideration and Possible Action - Resolution No. R2021-171 - A Resolution of the City Council of the City of Pearland, Texas, approving the Water Model Master Plan as a planning tool to complement and enhance the use of the City's Comprehensive Plan. Water Model Master Plan AIR-21-128 - Pdf 8. Consideration and Possible Action - Resolution No. R2021-172 - A Resolution of the City Council of the City of Pearland, Texas, approving the Wastewater Model Master Plan as a planning tool to complement and enhance the use of the City's Comprehensive Plan. Wastewater Master Plan update AIR-21-372 - Pdf 9. Consideration and Possible Action - Resolution No. R2021-173 - A Resolution of the City Council of the City of Pearland, Texas, placing on the agendas of September 13, 2021 and September 27, 2021 City Council meetings, consideration of the proposed fiscal year 2021-2022 budget and setting the public hearing on the budget for August 30, 2021 at 6:30 PM. Budget Public Hearing AIR-21-373 - Pdf 10. Consideration and Possible Action - Resolution No. R2021-174 - A Resolution of the City Council of the City of Pearland, Texas, voting on a proposed tax rate of 0.735484, which represents a property tax revenue decrease of 0.0003% below the No New Revenue Tax Rate, and placing on the agendas of September 13, 2021 and September 27, 2021 regular City Council meetings, consideration of the proposed fiscal year 2021-2022 tax rate. Proposed Tax Rate AIR-21-376 - Pdf XV. MATTERS REMOVED FROM CONSENT AGENDA XVI. OTHER BUSINESS XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION XVIII. 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 281.652.1655 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. City Council Regular Meeting - Aug 09 2021 I certify that a copy of this notice of the City of Pearland City Council Meeting for August 9, 2021, was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on August 5, 2021, by 6:00 p.m. Crystal N. Roan, TRMC, CMC City Secretary City Council Regular Meeting - Aug 09 2021