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2021-12-06 CITY COUNCIL REGULAR MEETING AGENDACITY COUNCIL REGULAR MEETING AGENDA MONDAY, DECEMBER 6, 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 Purpose of Public Hearing- Receive public testimony regarding the detachment of a 6.32 acre tract, located within the boundaries of Brazoria County Municipal Utility District No. 22, from the City's incorporated limits. Public Hearing MUD 22 Strip Detachment AIR-21-589 - Pdf VI. NEW BUSINESS 1. Consideration and Possible Action — First Reading of Ordinance No. 1609 - An Ordinance of the City Council of the City of Pearland, Texas, discontinuing and disannexing certain territory from the city and adjusting the city's boundaries accordingly; contain-ing a savings clause, a severability clause and a repealer clause; and providing for an effective date. City Council Regular Meeting - Dec 06 2021 MUD 22 Strip Disannexation Ordinance AIR-21-590 - Pdf 2. Consideration and Possible Action - Resolution No. R2021-273 - 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 Municipal Utility District No. 22 ("District") associated with the adjustment of municipal boundaries between the City and the District. MUD 22 Strip Disannexation Interlocal Agreement AIR-21-591 - Pdf VII. PUBLIC HEARING NO. 2 Purpose of Public Hearing - Receive public testimony regarding the abandonment of right-of-way, generally located west of SH 35 and south of Industrial Drive. Public Hearing ROW Abandonment AIR-21-599 - Pdf VIII. NEW BUSINESS 3. Consideration and Possible Action — First and Only Reading of Ordinance No. 1610 - An Ordinance of the City Council of the City of Pearland, Texas, abandoning a certain 0.9298-acre (40,503 square feet)road right-of-way recorded in the plat records of Brazoria County, Texas, within the corporate city limits of Pearland, Texas; having a savings clause, a severability clause, declaring an emergency; and providing for an effective date. ROW Abandonment Ordinance AIR-21-601 - Pdf 4. Consideration and Possible Action - Resolution No. R2021-274 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Deed of Exchange Agreement with Jud's Food Stores, Inc. for the relocation of right-of-way in the vicinity of Industrial Drive. Deed of Exchange Agreement AIR-21-600 - Pdf IX. PUBLIC HEARING NO. 3 Public Hearing: A request by Monica Fontenot -Poindexter, Chesterfield Development Services, applicant, on behalf of Freeman T. & 011ie A. Wyche II, owner, for approval of a zone change from the General Business (GB) District to the Single-family Residential-1 (R-1) District, on approximately 5.9136 acres of land; to wit: Legal Description: A 5.9136-acre tract of land out a called 9.29-acre tract of land out of the south one-half of Lot 30 of the Allison Richey Gulf Coast Home Company Subdivision of Section 21, H.T. & B.R.R. Co. Survey, Abstract 309, Brazoria County, Texas. General Location: 8335 Fite Road, Pearland, TX. Public Hearing: Zone Change Application - ZONE 21-00020 AIR-21-594 - Pdf City Council Regular Meeting - Dec 06 2021 X. NEW BUSINESS 5. Consideration and Possible Action - First Reading of Ordinance No. 2000M-221 - 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 a 5.9136-acre tract of land out a called 9.29-acre tract of land out of the south one-half of Lot 30 of the Allison Richey Gulf Coast Home Company Subdivision of Section 21, H.T. & B.R.R. Co. Survey, Abstract 309, Brazoria County, Texas (located at 8335 Fite Road, Pearland, TX). Zone Change Application No. ZONE 21-00020, a request by Monica Fontenot -Poindexter, Chesterfield Development Services, applicant, on behalf of Freeman T. & 011ie A. Wyche II, owner, for approval of a zone change from the General Business (GB) District to the Single-family Residential-1 (R-1) District, on approximately 5.9136 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-221 AIR-21-595 - Pdf XI. PUBLIC HEARING NO. 4 Public Hearing: A request by Sandra Pinales-Williams, applicant, on behalf of Retail Oak Forest I, LLC, owner, for approval of a Conditional Use Permit (CUP) for Liquor/Package Store use within the General Commercial (GC) District, to accommodate a liquor store within an existing multi -tenant retail center, on approximately 1.640 acres of land, to wit: Legal Description: Being a 1.640-acre tract in the H.T. & B.R.R. Co. Survey, Abstract No. 1, Brazoria County, Texas, said 1.640-acre tract is in a called 2.9340-acre tract described in a deed to Wagon Trail Enterprises Limited Partnership as recorded in Clerk's File No. 2005023402 in the Deed Records of Brazoria County, Texas. General Location: 5730 Broadway Street, Suite 112, Pearland, Texas. Public Hearing: Conditional Use Permit Application - CUP 21-00033 AIR-21-596 - Pdf XII. NEW BUSINESS 6. Consideration and Possible Action - Resolution No. R2021-CUP21- 00033 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Liquor/Package Store use within the General Commercial (GC) District,to accommodate a liquor store within an existing multi -tenant retail center, on approximately 1.640 acres of land; being described as a 1.640-acre tract in the H.T. & B.R.R. Co. Survey, Abstract No. 1, Brazoria County, Texas, said 1.640-acre tract is in a called 2.9340-acre tract described in a deed to Wagon Trail Enterprises Limited Partnership as recorded in Clerk's File No. 2005023402 in the Deed Records City Council Regular Meeting - Dec 06 2021 of Brazoria County, Texas (located at 5730 Broadway Street, Suite 112, Pearland, Texas). Conditional Use Permit Application No CUP21-00033, for Liquor/Package Store use within the General Commercial (GC) District, at the request of Sandra Pinales-Williams, applicant, on behalf of Retail Oak Forest I, 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-CUP21-00033 AIR-21-605 - Pdf XIII. 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 - Excuse the absence of Councilmember Trent Perez from the City Council Regular Meeting held on November 22, 2021. Excuse the absence of Perez from Nov. 22, 2021 meeting AIR-21-609 - Pdf B. Consideration and Possible Action - Resolution No. R2021-267 - 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 for the operation and maintenance of traffic signals. Interlocal Agreement between City and County for Signal AIR-21-541 - Pdf C. Consideration and Possible Action - Resolution No. R2021-275 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to authorize a purchase agreement with NAFECO for replacement fire bunker gear using the Buyboard Cooperative Agreement in, an amount not to exceed $59,040.00. Bunker Gear AIR-21-602 - Pdf D. Consideration and Possible Action - Resolution No. R2021-276 - 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 BuyBoard Purchasing System for the purchase of one (1) Chevrolet Tahoe vehicle, in the amount of $59,623.00, from Caldwell Country. FY22 New and Replacement Vehicle for Fleet U178 AIR-21-597 - Pdf XIV. NEW BUSINESS 7. Consideration and Possible Action - Resolution No. R2021-121.1 - A Resolution of the City Council of the City of Pearland, Texas, modifying the proposed election measure, for submission to the voters at the May 7, 2022 election, seeking authorization to establish a Municipal Drainage Utility City Council Regular Meeting - Dec 06 2021 System pursuant to Texas Local Government Code Chapter 552 ("Code"). Consider changes to the Municipal Drainage Utility System election measure approved by R2021-121 on June 14, 2021. AIR-21-603 - Pdf 8. Consideration and Possible Action - Resolution No. R2021-252 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract for Project Management System with Aurigo Software Technologies, Inc. for Planning, Engineering, and Construction of Capital Projects, in the estimated amount of $349,000.00. Project Management Software AIR-21-527 - Pdf 9. Consideration and Possible Action — First Reading of Ordinance No. 1605-2 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1605-1, the 2021-2022 Annual Budget Ordinance, to facilitate the changes identified herein; providing a savings clause, a severa-bility clause, a repealer clause, and an effective date. Budget Amendment #2 AIR-21-579 - Pdf 10. Consideration and Possible Action - Resolution No. R2021-243 - A Resolution of the City Council of the City of Pearland, Texas, authorizing an Advanced Funding Agreement with the State of Texas, for a fixed price joint participation agreement associated with the costs of acquiring right-of-way and relocating or adjusting utilities for the FM 518 Broadway Expansion Project (SH 288 to Cullen Parkway) and authorizing the City Manager or his designee to enter into a Reimbursement Agreement between the City and the Pearland Economic Development Corporation associated with the FM 518 Broadway Expansion Project. FM518-Broadway Expansion - SH288 to Cullen AFA AIR-21-301 - Pdf XV. MATTERS REMOVED FROM CONSENT AGENDA Consideration and Possible Action - Resolution No. R2021-276 - 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 BuyBoard Purchasing System for the purchase of one (1) Chevrolet Tahoe vehicle, in the amount of $59,623.00, from Caldwell Country. FY22 New and Replacement Vehicle for Fleet U178 AIR-21-597 - Pdf Consideration and Possible Action - Resolution No. R2021-267 - 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 for the operation and maintenance of traffic signals. Interlocal Agreement between City and County for Signal AIR-21-541 - Pdf XVI. OTHER BUSINESS XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION XVIII. ADJOURNMENT City Council Regular Meeting - Dec 06 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 December 6, 2021 was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on December 2, 2021 by 6:00 p.m. Crystal N. Roan, TRMC, CMC City Secretary City Council Regular Meeting - Dec 06 2021