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2021-08-23 CITY COUNCIL REGULAR MEETING AGENDACity Council Regular Meeting - Aug 23 2021 CITY COUNCIL REGULAR MEETING AGENDA VIA IN-PERSON/TELEPHONE/VIDEO CONFERENCE Monday, August 23, 2021 6:30 PM PEARLAND CITY HALL |COUNCIL CHAMBERS│3519 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 23, 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 23, 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 23 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 Eric Langan, applicant, on behalf of RCI Holdings Inc., owner, for approval of a zone change from the Business Park- 288 (BP-288) District to the General Commercial (GC) District, on approximately 18.655 acres of land, to wit: Legal Description: Tract (1): A tract or parcel of land containing 11.250 acres or 490,034 square feet, being the same called 11.250-acre tract described in a deed to International Bank of Commerce, as recorded under Harris County Clerk’s File (H.C.C.F.) No. 20120249527, situated in the D. White Survey, Abstract No. 881, Harris County, Texas. Tract (2): A tract or parcel of land containing 7.405 acres or 322,570 square feet, being the same called 7.4369-acre tract conveyed to Beltway 7.437 LP, as recorded under Harris County Clerk’s File (H.C.C.F.) No. Y405144, situated in the D. White Survey, Abstract No. 881, Harris County, Texas. General Location: West of 2850 S Sam Houston Pkwy E., Pearland, TX. Public Hearing: Zone Change Application - ZONE 21-00010 AIR-21-385 - Pdf VI.NEW BUSINESS 1.Consideration and Possible Action - First Reading of Ordinance No. 2000M-215 - 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; Tract City Council Regular Meeting - Aug 23 2021 (1): a tract or parcel of land containing 11.250 acres or 490,034 square feet, being the same called 11.250-acre tract described in a deed to International Bank of Commerce, as recorded under Harris County Clerk’s File (H.C.C.F.) No. 20120249527, situated in the D. White Survey, Abstract No. 881, Harris County, Texas. Tract (2): a tract or parcel of land containing 7.405 acres or 322,570 square feet, being the same called 7.4369-acre tract conveyed to Beltway 7.437 LP, as recorded under Harris County Clerk’s File (H.C.C.F.) No. Y405144, situated in the D. White Survey, Abstract No. 881, Harris County, Texas (Pkwy located at West of 2850 S Sam Houston E., Pearland, TX). Zone Change Application No. ZONE 21-00010, a request by Eric Langan, applicant, on behalf of RCI Holdings Inc., owner, for approval of a zone change from the Business Park-288 (BP-288) District to the General Commercial (GC) District, on approximately 18.655 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-215 AIR-21-392 - Pdf VII.PUBLIC HEARING NO. 2 Public Hearing: A request by Curtis Warren, applicant on behalf of Jung Kwak, owner, for approval of a Conditional Use Permit (CUP) for Adult Daycare (Business) use within the Neighborhood Services (NS) District, to accommodate an adult daycare center within a leased space in an existing retail center, to wit: Legal Description: Being a subdivision of 5.5394 acres of land located in the H.T & B.R.R Company Survey, A-242 Brazoria County, Texas. General Location: 7930 Broadway Street, Ste. 118, Pearland, Texas. Public Hearing: Conditional Use Permit Application - CUP 21-00023 AIR-21-387 - Pdf VIII.NEW BUSINESS 2.Consideration and Possible Action - Resolution No. R2021-CUP21- 00023 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Adult Daycare (Business) use within the Neighborhood Services (NS) District, to accommodate an adult daycare center within a leased space in an existing retail center, on a 5.5394-acres lot; being Lot 1, Block 1 of Stepping Stone No. 3, a subdivision of 5.5394 acres of land located in the H.T & B.R.R Company Survey, Abstract No. 242, Brazoria County, Texas (located at 7930 Broadway Street, Ste. 118, Pearland, Texas). Conditional Use Permit Application No CUP21- 00023, for Adult Daycare (Business) use within the Neighborhood Services (NS) District, at the request of Curtis Warren, applicant on behalf of Jung Kwak, 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-CUP21-00023 AIR-21-390 - Pdf City Council Regular Meeting - Aug 23 2021 IX.PUBLIC HEARING NO. 3 Public Hearing:Vongole, A request by Ravie applicant, on behalf of Pearland Main LLC, owner, for approval of a Conditional Use Permit (CUP) for within Only) use the Shop (Retail or Tobacco Cigars, E-Cigarettes General Commercial (GC) District, to accommodate an approximately 1500- square foot vape shop, in an existing multi-tenant commercial center, to wit: Legal Description: Being 1.1130 Acres, tract of land situated in the RB Lyle Survey, also being part of lot B, Block 1, of the KMART Super Center, Recorded in Volume 19, Page 167-168 of the Brazoria County Plat record, Brazoria County Texas. General Location: 1909 N Main, Suite 101, Pearland, Texas. Public Hearing: Conditional Use Permit Application - CUP 21-00025 AIR-21-388 - Pdf X.NEW BUSINESS 3.Consideration and Possible Action - Resolution No. R2021-CUP21- 00025 - 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 an approximately 1500-square foot vape shop, in an existing multi-tenant commercial center, on approximately 1.1130 Acres; being a tract of land situated in the RB Lyle Survey, also being part of lot B, Block 1, of the KMART Super Center, Recorded in Volume 19, Page 167-168 of the Brazoria County Plat record, Brazoria County Texas (located at 1909 N Main, Suite 101, Pearland, Texas). Conditional Use Permit Application No CUP21-00025, for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Commercial (GC) District, at the request of Ravie Vongole, applicant, on behalf of Pearland Main LLC, owner, containing a savings severability date effective an and a and clause, clause, other provisions related to the subject. Consideration and Possible Action - Resolution No. R2021-CUP21-00025 AIR-21-391 - 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 - Approval of Minutes City Council Regular Meeting Minutes - August 9, 2021 City Council Regular Meeting Minutes - August 9, 2021 City Council Regular Meeting - Aug 23 2021 B.Consideration and Possible Action - Resolution No. R2021-161 - A Resolution of the City Council of the City of Pearland, Texas, approving a change order with SpawGlass Corp., in the amount of $271,204.46, associated with the West Pearland Public Library (Shadow Creek Parkway). Shadow Creek Library Change Order AIR-21-233 - Pdf C.Consideration and Possible Action - Resolution No. R2021-179 - A Resolution of the City Council of the City of Pearland, Texas, awarding a service contract for overhead door services (maintenance and repairs) associated with City facilities, to DH Pace, Inc., in the estimated amount of $60,000.00, for the period of October 1, 2021 to September 30, 2022. PM & Repairs on Overhead Doors AIR-21-306 - Pdf D.Consideration and Possible Action - Resolution No. R2021-164 - A Resolution of the City Council of the City of Pearland, Texas, amending a supply repair maintenance and preventative fire for contract apparatus service with Siddons-Martin Emergency Group in the additional amount of $75,000.00 (total contract amount of $375,000.00). Siddons Martin Contract Amendment AIR-21-324 - Pdf E.Consideration and Possible Action - Resolution No. R2021-178 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Leaf Engineers, for Facility Generator Assessment Services, in the estimated amount of $93,490.00. Facilities Generator Assessment AIR-21-369 - Pdf F.Consideration and Possible Action - Resolution No. R2021-180 - A Resolution of the City Council of the City of Pearland, Texas, awarding a contract Services County Harris East to Department Fire for Dispatch Communications, in the estimated amount of $323,600 for the period of September 1, 2021 through August 31, 2024. Fire and EMS Dispatching AIR-21-374 - Pdf G.Consideration and Possible Action - Resolution No. R2016-28.1 - A Resolution of the City Council of the City of Pearland, Texas, amending the Financial Naming Rights Policy for City Park and Library Facilities. Financial Naming Rights Policy Update AIR-21-377 - Pdf H.Consideration and Possible Action - Resolution No. R2021-177 - A Resolution of the City Council of the City of Pearland, Texas, renewing a contract with the Pearland Reporter News as the official newspaper of record for publishing City legal notices, at the price of $6.00 per column inch, for the period of September 17, 2021 to September 16, 2022. Official Newspaper of Record AIR-21-378 - Pdf I.Consideration and Possible Action - Resolution No. R2021-181 - A Resolution of the City Council of the City of Pearland, Texas, amending a contract associated with services Intersection for the professional Improvement Project (Windward Bay at Broadway; Pearland Parkway at Oak City Council Regular Meeting - Aug 23 2021 Ridge; and Dixie Farm Road near Long Oak), in the additional amount of $10,000.00 (total amount of $108,900.00), with Kimley-Horn and Associates, Inc. Intersection Improvements - Windward Bay Amendments AIR-21-379 - Pdf J.Consideration and Possible Action - Resolution No. R2021-185 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Agreement with the Friends of Pearland Westside Library, Inc. to define the roles of the two parties. Friends of the Pearland Westside Library Agreement AIR-21-395 - Pdf K.Consideration and Possible Action -absence Excuse the of Councilmember Trent Perez from the City Council Regular Meeting on August 9, 2021. Excuse Absence AIR-21-399 - Pdf L.Consideration and Possible Action - Second and Final 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 - Second and Final Reading of Ordinance No. 2000M-214 AIR-21-403 - Pdf M.Consideration and Possible Action - Second and Final 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 Unified the of Special Exception 2.7.3.7, Nonconformities, for 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 - Second and Final Reading of Ordinance No. 2000T-35 AIR-21-404 - Pdf N.Consideration and Possible Action - Resolution No. R2021-187 - A Resolution of the City Council of the City of Pearland supporting Brazoria County’s appointment of the City’s Director of Community Development, John City Council Regular Meeting - Aug 23 2021 McDonald, to the Board of Directors of the Gulf Coast Water Authority (“GCWA”). GCWA Board Appointment AIR-21-405 - Pdf XII.NEW BUSINESS CONTINUED 4.Consideration and Possible Action - Resolution No. R2021-188 - A Resolution of the City Council of the City of Pearland, Texas, accepting the Office of City Secretary’s determination that a Local Option Petition for the legal sale of alcoholic beverages for the legal sale of mixed beverages failed to meet the signature requirements of the Texas Election Code (“Code”) and accepting the results of the petition into the City’s official record. Local Option Petition AIR-21-361 - Pdf 5.Consideration and Possible Action - Resolution No. R2021-182 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire fee title interest to certain property for the Willowcrest Detention Pond Project;beinga tract of land containing 4.8160 acres (209,784 square feet) situated in the H.T. & B.R.R. CO. Survey, A-640 in Brazoria County, Texas and out of Lots 19 & 20 of W. Zychlinski’s Subdivision, a subdivision plat recorded under Volume 29, Page 43 of Deed Records of Brazoria County, and also being residue of a tract as conveyed unto Sempre Avant, LLC by deed recorded under County Clerk’s File Number 98-038672 of the Official Public Records of Brazoria County, Texas, for the construction and maintenance of detention pond improvements on certain real property described herein; authorizing the city attorney, or his designee, and other city officials to take such actions as are necessary to acquire said property, located within the city, by donation, purchase, or by the exercise of the power of eminent domain. Property Acquisition AIR-21-375 - Pdf 6.Consideration and Possible Action - Resolution No. R2021-189 - A Resolution of the City Council of the City of Pearland, Texas, amending a contract with CDM Smith, Inc., in the additional amount of $971,900.00 (total amount of $8,093,433.00), for SCADA Design and Programming services associated with Surface Water Treatment Plant. CDM Contract Amendment for SCADA AIR-21-357 - Pdf 7.Fiscal Year 2022 Budget Discussion #2. Fiscal Year 2022 Budget Discussion #2 AIR-21-412 - Pdf XIII.MATTERS REMOVED FROM CONSENT AGENDA XIV.OTHER BUSINESS XV.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION XVI.ADJOURNMENT City Council Regular Meeting - Aug 23 2021 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. I certify that a copy of this notice of the City of Pearland City Council Meeting for August 23, 2021 was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on August 19, 2021 by 6:00 p.m. Crystal N. Roan, TRMC, CMC City Secretary