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2021-09-13 CITY COUNCIL REGULAR MEETING AGENDAPROCLAMATION AND SPECIAL RECOGNITION NOTICE To occur prior to City Council Regular Meeting September 13, 2021 Pearland City Hall I Council Chambers 13519 Liberty Drive Mayor J. Kevin Cole will be presenting the following: Certificate of Recognition to AYLUS Pearland. Proclamation designating September as Suicide Prevention Awareness Month in the City of Pearland. CITY COUNCIL REGULAR MEETING AGENDA Monday, September 13, 2021 6:30 PM PEARLAND CITY HALL (COUNCIL 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 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 Jon Arledge, applicant, on behalf of V&B Cornerstone, LLC, owner, for approval of a Conditional Use Permit (CUP) for City Council Regular Meeting - Sep 13 2021 Liquor/Package Store located within the General Commercial (GC) District, to accommodate a liquor retail store within the retail center under construction at the southeast corner of Main Street and Magnolia Parkway, on approximately 3.225 acres of land; to wit: Legal Description: Being all of Lot 1, Block 1 of Lizer Retail Center Replat No.1, a subdivision of 3.225 acres in the City of Pearland, Brazoria County, Texas, as according to the plat recorded in County Clerk's File No. 2020028946 in the Official Plat Records of Brazoria County, Texas. General Location: 3525 Main Street, Suite 160, Pearland, Texas. Public Hearing: Conditional Use Permit Application - CUP 21-00024 AIR-21-415 - Pdf VI. NEW BUSINESS 1. Consideration and Possible Action - Resolution No. R2021-CUP21- 00024 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Liquor/Package Store within the General Commercial (GC) District, to accommodate a liquor retail store within the retail center under construction, on approximately 3.225 acres of land; being all of Lot 1, Block 1 of Lizer Retail Center Replat No.1, a subdivision of 3.225 acres in the City of Pearland, Brazoria County, Texas, as according to the plat recorded in County Clerk's File No. 2020028946 in the Official Plat Records of Brazoria County, Texas (located at 3525 Main Street, Suite 160, Pearland, Texas). Conditional Use Permit Application No CUP21-00024, for Liquor/Package Store within the General Commercial (GC) District, at the request of Jon Arledge, applicant, on behalf of V&B Cornerstone, LLC, 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-CUP21-00024 AIR-21-428 - Pdf VII. PUBLIC HEARING NO. 2 Public Hearing: A request by Jennifer Curtis, META Planning & Design LLC, applicant, on behalf of TX -Land Parcels, LLC, owner, for approval of proposed amendments to the Pearland Town Center Planned Unit Development (PUD), to accommodate detached townhomes development on single-family residential lots subdivided for individual ownership within Sub - Area "C" of the PD, on approximately 13.692 acres of land, to wit: Legal Description: Being Lots 14, 15 & 16 of Amending Plat of the Plat of Replat of Pearland Town Center, a subdivision recorded in File No. 200805836 in the Official Records of Brazoria County, Texas. General Location: South Side of 11200 Broadway Street, Pearland, TX. Public Hearing: Zone Change Application - ZONE 21-00013 AIR-21-389 - Pdf VIII. NEW BUSINESS City Council Regular Meeting - Sep 13 2021 2. Consideration and Possible Action - First Reading of Ordinance No. 2000M-217 - 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 all of Lots 14, 15 & 16 of Amending Plat of the Plat of Replat of Pearland Town Center, a subdivision recorded in File No. 200805836 in the Official Records of Brazoria County, Texas (located South of 11200 Broadway Street, Pearland, Texas). Zone Change Application No. ZONE 21-00013, a request by Jennifer Curtis, META Planning & Design LLC, applicant, on behalf of TX -Land Parcels, LLC, owner, for approval of proposed amendments to the Pearland Town Center Planned Unit Development (PUD), to accommodate detached townhomes development on single-family residential lots subdivided for individual ownership within Sub -Area "C" of the PUD, on approximately 13.692 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-217 AIR-21-438 - Pdf IX. CONSENT AGENDA A. 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 Special Meeting Budget Discussion #1 Minutes - August 14, 2021 City Council Special Meeting Minutes - August 16, 2021 City Council and Planning and Zoning Joint Workshop Minutes - August 16, 2021 City Council Regular Meeting Minutes - August 23, 2021 City Council Special Meeting Budget Public Hearing and Budget Discussion #3 Minutes - August 30, 2021 City Council Special Meeting Budget Discussion #1 Minutes - August 14, 2021 City Council Special Meeting Minutes - August 16, 2021 City Council and Planning and Zoning Joint Workshop Minutes - August 16, 2021 City Council Regular Meeting Minutes - August 23, 2021 City Council Special Meeting Budget Public Hearing and Budget Discussion #3 Minutes - August 30, 2021 B. Consideration and Possible Action - Resolution No. R2021-183 - A Resolution of the City Council of the City of Pearland, Texas, amending a contract with Gauge Engineering, in the additional amount of $29,492.50 (total contract amount of $316,855.50) for design services associated with the Safe Routes to School Project. City Council Regular Meeting - Sep 13 2021 Safe Routes to School Amendments AIR-21-344 - Pdf C. Consideration and Possible Action - Resolution No. R2021-193 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal agreement with Brazoria County for the purchase of Hardware Supplies and Materials from Pearland Lumber Company, Inc., in the estimated amount of $70,000.00, for the period of October 1, 2021 through September 30, 2022. Hardware Supplies - Pearland Lumber AIR-21-380 - Pdf D. Consideration and Possible Action - Resolution No. R2021-194 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal agreement with Brazoria County for the purchase of Hardware Supplies and Materials from O'Day Rental & Supply, in the estimated amount of $50,000.00, for the period of October 1, 2021 through September 30, 2022. Hardware Supplies - O'Day Rental AIR-21-381 - Pdf E. Consideration and Possible Action - Resolution No. R2021-192 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation through an interlocal agreement with National IPA — OMNIA Partners for the purchase of hardware supplies and materials from Lowe's, in the estimated amount of $60,000.00, for the period of October 1, 2021 through September 30, 2022. Hardware Supplies and Materials - Lowe's AIR-21-383 - Pdf F. Consideration and Possible Action - Resolution No. R2021-191 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal agreement with National IPA — OMNIA Partners for the purchase of City supplies from Amazon Business, in the estimated amount of $80,000.00, for October 1, 2021 through September 30, 2022. Miscellaneous Supplies - Amazon AIR-21-384 - Pdf G. Consideration and Possible Action - Resolution No. R2021-184 - A Resolution of the City Council of the City of Pearland, Texas, approving Special Event Permit No. EVNT21-00058 for the Shadow Creek Ranch High School Homecoming Parade. Shadow Creek Ranch High School Homecoming Parade AIR-21-396 - Pdf H. Consideration and Possible Action - Resolution No. R2021-201 - A Resolution of the City Council of the City of Pearland, Texas, amending a contract for solid waste collection services with Frontier K2, LLC. Frontier Waste Solutions Contract Amendment AIR-21-407 - Pdf Consideration and Possible Action - Resolution No. R2021-207 - A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for Bank Depository Services with Wells Fargo Bank for the period beginning October 1, 2021 and ending September 30, 2022 (third of three (3) one year renewals). City Council Regular Meeting - Sep 13 2021 J. Banking Services Contract Renewal AIR-21-426 - Pdf Consideration and Possible Action - Second and Final 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 (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 (located at West of 2850 S Sam Houston Pkwy 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 - Second and Final Reading of Ordinance No. 2000M-215 AIR-21-436 - Pdf X. NEW BUSINESS CONTINUED 3. Consideration and Possible Action — First Reading of Ordinance No. 1605 - An appropriation Ordinance adopting a budget for the fiscal year beginning October 1, 2021, and ending September 30, 2022, and pay plans for fiscal year 2022. Budget Ordinance First Reading FY22 AIR-21-430 - Pdf 4. Consideration and Possible Action — First Reading of Ordinance No. 1606 - An Ordinance adopting a tax rate of $0.708250 and levying taxes for the use and support of the Municipal Government of the City of Pearland, Texas, and providing for the interest and sinking fund of the taxable year 2021. First Reading of FY22 Tax Rate AIR-21-437 - Pdf 5. Consideration and Possible Action — First Reading of Ordinance No. 1358-21 - 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. First Reading of Non -Development Fee Ordinance FY22 AIR-21-432 - Pdf 6. Consideration and Possible Action - First Reading of Ordinance No. 1023-11 - An Ordinance of the City Council of the City of Pearland, Texas, City Council Regular Meeting - Sep 13 2021 amending development and permit fees; containing a savings clause, a severability clause and a repealer clause; providing for publication and an effective date. Development Fees First Reading AIR-21-434 - Pdf 7. Consideration and Possible Action - Resolution No. R2021-212 - A Resolution of the City Council of the City of Pearland, Texas, accepting receipt of the City of Pearland Utility Billing Process Report and System Review prepared by Raftelis and the Utility Billing Ad hoc Committee Final Report. Accepting receipt of Raftelis Report and UB Ad hoc Advisory Committee Report AIR-21-416 - Pdf 8. Consideration and Possible Action — First Reading of Ordinance No. 220-13 - An Ordinance of the City Council of the City of Pearland, Texas, amending Chapter 30, Utilities, Article II, RATES AND CHARGES, of the code of ordinances to amend Section 30-39, When Payment Due and adding Section 30-48, Extreme Winter Weather Events; providing a penalty for violation; contain-ing a savings clause and a severability clause; providing for codification, publication, and an effective date. Modification to Ordinance 30-39 and Add Extreme Weather ordianance AIR-21-411 - Pdf 9. Consideration and Possible Action - Resolution No. R2021-208 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract for the Oakbrook & Oakbrook Estates Water Quality Project (Phase 1 & 2) to Scohil Construction Services, LLC, in the amount of $596,037.50. Oakbrook Water Quality Construction Contract AIR-21-423 - Pdf 10. Consideration and Possible Action - Resolution No. R2021-175 - A Resolution of the City Council of the City of Pearland, Texas, awarding a contract for construction services associated with the Shadow Creek Regional Lift Station Rehabilitation and Generator Project, in the amount of $946,990.00, to Nerie Construction. Shadow Creek Lift Station Construction Contract AIR-21-355 - Pdf 11. Consideration and Possible Action - Resolution No. R2021-199 - 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 Keep Pearland Beautiful for the operation of the Stella Roberts Recycling Center. KPB Contract Renewal AIR-21-408 - Pdf 12. Consideration and Possible Action - Resolution No. R2021-206 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to a fee title interest, a sanitary sewer easement, and a temporary construction easement on certain property for public infrastructure improvements (road and sewer); being tracts of land containing 0.1141 acre (4,971 square feet), a 0.0343 acre (1,491 square feet) and a temporary construction easement located within the H.T.&B.B.R. Co. Survey, City Council Regular Meeting - Sep 13 2021 Abstract-549, Brazoria County, Texas and being a portion of Lot 54 of the Allison Richey Gulf Coast Home Company Subdivision, Section 24 recorded in Volume 2, Page 89 of the Brazoria County Plat Records (B.C.P.R). Said 0.1141 acre tract also being a portion of called Lot 16 in Flora Addition VII Subdivision (unrecorded) and recorded in the name of Lenor Dominguez in Brazoria County Clerk's File (B.C.C.F) Number (No.) 2007066024, for the construction and maintenance of public 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- City Infrastructure Parcel 63 AIR-21-424 - Pdf 13. Consideration and Possible Action - Resolution No. R2021-205 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain toa fee title interest, a sanitary sewer easement, and a temporary construction easement on certain property for public infrastructure improvements (road and sewer); being tracts of land containing 0.1421acre(6,188 square feet), a 0.0426 acre (1,856 square feet) and a temporary construction easement located within the H.T.&B.B.R. Co. Survey, Abstract-549, Brazoria County, Texas and being a portion of Lot 52 of the Allison Richey Gulf Coast Home Company Subdivision, Section 24 recorded in Volume 2, Page 89 of the Brazoria County Plat Records (B.C.P.R). Said 0.1421 acre tract also being a portion of a called 2.50 acre tract recorded in the name of Charles Vegil, Et Ux in Brazoria County Clerk's File (B.C.C.F.) Number (No.) 2004046805, for the construction and maintenance of public 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- City Infrastructure Parcel 67 AIR-21-425 - Pdf XI. MATTERS REMOVED FROM CONSENT AGENDA XII. OTHER BUSINESS XIII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION XIV. 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 - Sep 13 2021 I certify that a copy of this notice of the City of Pearland City Council Regular Meeting for September 13, 2021 was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on September 9, 2021 by 6:00 p.m. Crystal N. Roan, TRMC, CMC City Secretary City Council Regular Meeting - Sep 13 2021