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2021-10-11 CITY COUNCIL REGULAR MEETING AGENDAPROCLAMATION AND SPECIAL RECOGNITION NOTICE To occur prior to City Council Regular Meeting October 11, 2021 Pearland City Hall I Council Chambers 13519 Liberty Drive Mayor J. Kevin Cole will be presenting the following: Community Development Scenic Platinum Award. Proclamation designating October Community Planning Month in the City of Pearland. 1111111111111 CITY COUNCIL REGULAR MEETING AGENDA MONDAY, OCTOBER 11, 2021, 6:30 p.m. PEARLAND CITY HALL (COUNCIL CHAMBERS' 3519 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 Lonnie Turner, applicant and owner, for approval of a zone change from the Neighborhood Service (NS) District to the General Business (GB) District, on approximately 0.39 acres of land; to wit: City Council Regular Meeting- Oct 11 2021 Legal Description: All of Lot 1, Block 1 of Minor Plat of Turner's Corner, an addition within the City of Pearland, Brazoria County, Texas according to the plat recorded in County Clerk's File No. 2013010156 in the Plat Records of Brazoria County, Texas. General Location: 3054 Cullen Parkway, Pearland, Texas. Public Hearing: Zone Change Application - ZONE 21-00016 AIR-21-473 - Pdf VI. NEW BUSINESS 1. Consideration and Possible Action - First Reading of Ordinance No. 2000M-218 - 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 Lot 1, Block 1 of Minor Plat of Turner's Corner, an addition within the City of Pearland, Brazoria County, Texas according to the plat recorded in County Clerk's File No. 2013010156 in the Plat Records of Brazoria County, Texas (located at 3054 Cullen Parkway, Pearland, Texas). Zone Change Application No. ZONE 21-00016, a request by Lonnie Turner, applicant, and owner, for approval of a zone change from the Neighborhood Service (NS) District to the General Business (GB) District, on approximately 0.39 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-218 AIR-21-474 - Pdf VII. PUBLIC HEARING NO. 2 Public Hearing: A request by Victor Houtmann, applicant, on behalf of Olin Wooten, owner, for approval of a Conditional Use Permit (CUP) for Concrete Batching Plant use within the Light Industrial (M-1) District, to accommodate the construction of a cement batch plant within a 77.703-acres lot, to wit: Legal Description: Being all of Lot 1, Block 1 of the Minor Plat of Nilo, a subdivision of 77.703 acres of land located in the H.T. & B.R.R. CO. Survey, Abstract 542 and the R.B. Lyle Survey, Abstract 543, in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2014046197 in the Official Plat Records of Brazoria County, Texas. General Location: 4501 Knapp Road, Pearland, Texas. Public Hearing: Conditional Use Permit Application - CUP 21-00027 AIR-21-475 - Pdf VIII. NEW BUSINESS 2. Consideration and Possible Action - Resolution No. R2021-CUP21- 00027 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Concrete Batching Plant use City Council Regular Meeting- Oct 11 2021 within the Light Industrial (M-1) District, to accommodate the construction of a cement batch plant within a 77.703-acres lot; being all of Lot 1, Block 1 of the Minor Plat of Nilo, a subdivision of 77.703 acres of land located in the H.T. & B.R.R. CO. Survey, Abstract 542 and the R.B. Lyle Survey, Abstract 543, in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2014046197 in the Official Plat Records of Brazoria County, Texas (located at 4501 Knapp Road, Pearland, Texas). Conditional Use Permit Application No CUP21-00027, for Concrete Batching Plant use within the Light Industrial (M-1) District, at the request of Victor Houtmann, applicant, on behalf of Olin Wooten, 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-CUP21-00027 AIR-21-476 - Pdf IX. PUBLIC HEARING NO. 3 Public Hearing: A request by Cameron Crouch, GCP Commercial, applicant, on behalf of Sue Morrison 2012 Trust, owner, for approval of a Conditional Use Permit (CUP) for Auto Wash (Self -Service) use within the General Commercial (GC) District, to accommodate a proposed carwash facility, on approximately 5.1891 acres of land, to wit: Legal Description: All that certain 5.1891-acre tract of land located in the R.B. Lyle Survey, Section No. 2, Abstract No. 542, Brazoria County, Texas, also being out of and a part of Lot 13, Zychlinski's Subdivision of the said R.B. Lyle Survey, a map or plat of which is recorded in Volume 29, Page 43 of the Deed Records of Brazoria County, Texas. General Location: North of 2027 Main Street, Pearland, Texas. Public Hearing: Conditional Use Permit Application - CUP 21-00029 AIR-21-477 - Pdf X. NEW BUSINESS 3. Consideration and Possible Action - Resolution No. R2021-CUP21- 00029 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Auto Wash (Self -Service) use within the General Commercial (GC) District to accommodate a proposed car wash facility, on approximately 5.1891 acres of land; being all that certain 5.1891-acre tract of land located in the R.B. Lyle Survey, Section No. 2, Abstract No. 542, Brazoria County, Texas, also being out of and a part of Lot 13, Zychlinski's Subdivision of the said R.B. Lyle Survey, a map or plat of which is recorded in Volume 29, Page 43 of the Deed Records of Brazoria County, Texas (located North of 2027 Main Street, Pearland, Texas). Conditional Use Permit Application No CUP21-00029, for Auto Wash (Self - Service) use within the General Commercial (GC) District, at the request of Cameron Crouch, GCP Commercial, applicant, on behalf of Sue Morrison 2012 Trust, 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-CUP21-00029 AIR-21-478 - Pdf City Council Regular Meeting- Oct 11 2021 XI. 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 Regular Meeting - September 13, 2021 City Council Special Meeting Capital Improvement - September 20, 2021 City Council Special Meeting - September 20, 2021 City Council Regular Meeting - September 27, 2021 City Council Regular Meeting - Sep 13 2021 - Minutes City Council Special Meeting CIP - Sep 20 2021 - Minutes City Council Special Meeting - Sep 20 2021 - Minutes City Council Regular Meeting - Sep 27 2021 - Minutes B. Consideration and Possible Action - Resolution No. R2021-166 - 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 Texas Department of Information Resources ("DIR"), for the purchase of technology equipment (Animal Shelter) from Sequel Data Systems, in the estimated amount of $87,024.48. Animal Shelter Cisco AIR-21-300 - Pdf C. Consideration and Possible Action - Resolution No. R2021-216 - 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 Texas Department of Information Resources (DIR) for the purchase of access switches, indoor and outdoor access points, phones and video conferencing units (Fire Station No. 4) from Sequel Data Systems Inc., in the amount of $79,321.18. Fire Station #4 Cisco AIR-21-302 - Pdf D. Consideration and Possible Action - Resolution No. R2021-225 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a Seismic Testing Permit for Denbury Onshore (generally located south of Bailey Road and north of County Road 128). Amendment to Seismic Testing Permit AIR-21-444 - Pdf E. Consideration and Possible Action - Resolution No. R2021-226 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for bunker gear cleaning inspections and repair services to Delta Industrial Service & Supply, in the estimated amount of $130,250.00, for the period of October 12, 2021 through October 11, 2022. Bunker Gear Inspection, Cleaning and Repair Services AIR-21-469 - Pdf City Council Regular Meeting- Oct 11 2021 F. Consideration and Possible Action - Resolution No. R2021-227 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for the purchase of Police Department Uniforms to Cop Stop, in the estimated amount of $120,000.00, for the period of October 14, 2021 through October 13, 2022. Police Uniform AIR-21-472 - Pdf G. Consideration and Possible Action - Resolution No. R2021-228 - 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 competitive sealed proposal for construction of the Shadow Creek Parkway Entry Project, to Landscape Art, Inc., in the amount of $200,340.74. Shadow Creek Pkwy Entryway Construction Award & Reimbursement Agreement AIR-21-479 - Pdf H. J. K. L. Consideration and Possible Action - The reappointment of Antonio Caro to Position 3 for a 3-year term expiring November 1, 2024, and the reappointment of Teir Allender to Position 4 for a 3-year term expiring November 1, 2024, to serve on the Pearland Conventions and Visitors Bureau. Reappointment to the Pearland CVB AIR-21-486 - Pdf Consideration and Possible Action - Regarding the reappointment of Tammy McLain to Position No. 3 for a 3-year term expiring November 1, 2024, to serve on the Pearland Library Board. Reppointments to serve on the Pearland Library Board. AIR-21-487 - Pdf Consideration and Possible Action - Ratify the City Manager's reappointment of James Gilbert to Position No. 3 to serve on the Civil Service Commission for a 3-year term expiring November 1, 2024. Reappointment to Civil Service AIR-21-491 - Pdf Consideration and Possible Action - Regarding the reappointment of John Fischer to Position No. 3 for a 3-year term expiring November 1, 2024, to serve on the Animal Shelter Advisory Committee. Reppointment to serve on the Animal Shelter Advisory Committee AIR-21-494 - Pdf Consideration and Possible Action — Second and Final 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-21-496 - Pdf City Council Regular Meeting- Oct 11 2021 M. Consideration and Possible Action - Resolution No. R2021-222 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Interlocal Agreement with Brazoria County associated with repairs to Northfork Drive, in the estimated amount of $38,657.50. Interlocal with Brazoria County for Northfork AIR-21-448 - Pdf XII. NEW BUSINESS CONTINUED 4. Consideration and Possible Action — Second and Final Reading of Ordinance No. 1607 - An Ordinance of the City Council of the City of Pearland, Texas, amending Chapter 20 of The Code Of Ordinances of The City of Pearland, Texas, by adding Article IX, Short- term Rentals, creating a requirement for a registration program for the operation of short-term rentals and incorporating the means to meet requirement to pay hotel occupancy fees to the City of Pearland when operating a short-term rental within the corporate limits of the City of Pearland; providing a savings clause; providing a penalty clause; a repealer clause and providing for publication. Amend ordinance to create a requirement for a registration program for the operation of a short-term rental and a requirement to pay hotel occupancy tax to the City. AIR-21-481 - Pdf 5. Consideration and Possible Action- Resolution No. R2021-233 - A Resolution of the City Council of the City of Pearland, Texas, appointing a Short -Term Rental Advisory Committee and adopting a Committee Charge regarding recommendations for proposed Short -Term Rental regulations. Short -Term Rental Advisory Committee and Committee Charge AIR-21-503 - Pdf 6. Presentation and Discussion - 2021 Biennial Community Survey 2021 Biennial Community Survey AIR-21-497 - Pdf 7. Consideration and Possible Action - Resolution No. R2021-229- A Resolution of the City Council of the City of Pearland, Texas, appointing two (2) representative and two (2) alternates to the Houston -Galveston Area Council ("HGAC") 2020 General Assembly; and appointing one (1) delegate and one (1) alternate to the HGAC Board of Directors. 2022 H-GAC General Assembly and Board Appointments AIR-21-480 - Pdf 8. Consideration and Possible Action - Resolution No. R2021-230 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire a fee title interest, a waterline easement, a sanitary sewer/drainage easement, and a temporary construction easement on certain property for public infrastructure improvements; being tracts of land containing a.1403 acre tract (6,112 square feet) , a 0.6072 acre tract (26,488 square feet), a 0.3723 acre tract (16,216 square feet), and a temporary construction easement located within the H.T.&B.B.R. Co. Survey, Abstract - City Council Regular Meeting- Oct 11 2021 549, Brazoria County, Texas and being a portion of Lot 60 of the Allison Richey Gulf Coast Home Company Subdivision, Section 24 recorded in Volume 2, Page 89 of Brazoria County Plat Records (B.C.P.R.). Said tracts being portions of a called 10.00 acre tract of land recorded in the name of Arena Boat and R.V. Storage, LLC in Brazoria County Clerk's File (B.C.C.F.) Number (No.) 2020056338, 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- Parcel 51 (CR 11, FM 1128 and Harkey) AIR-21-451 - Pdf 9. Consideration and Possible Action - Resolution No. R2021-231 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in the State of Texas settlement of civil litigation with opioid manufacturers and distributors; approving the Texas Term Sheet and associated Settlement participations Forms. State of Texas Opioid Settlement AIR-21-450 - Pdf 10. Consideration and Possible Action R2021-232 - A Resolution of the City Council of the City of Pearland, Texas, amending the City Council Rules and Order of Business ("Rules") as guidelines for the organization and governance of the City Council. City Council Rules and Order of Business AIR-21-502 - Pdf XIII. MATTERS REMOVED FROM CONSENT AGENDA XIV. OTHER BUSINESS XV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION XVI. 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- Consultation with City Attorney- Regarding Economic Development Negotiations Section 551.072- Consultation with City Attorney- Regarding the Acquisition of Real Property XVII. NEW BUSINESS CONTINUED 11. Section 551.087- Consideration and Possible Action regarding Economic Development Negotiations City Council Regular Meeting- Oct 11 2021 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. I certify that a copy of this notice of the City of Pearland City Council Meeting for October 11, 2021 was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on October 7, 2021 by 6:00 p.m. Crystal N. Roan, TRMC, CMC City Secretary City Council Regular Meeting- Oct 11 2021