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2022-02-28 CITY COUNCIL REGULAR MEETING AGENDACITY COUNCIL REGULAR MEETING AGENDA MONDAY, FEBRUARY 28, 2022 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. NEW BUSINESS 1. Welcome and recognize students participating in the YMCA Texas Youth & Government program at Dawson High School. Introduction of YMCA Youth from DHS AIR-22-080 - Pdf VI. PUBLIC HEARING NO. 1 Public Hearing: A request by Candice McGuire, applicant, on behalf of Julian Davis III, representing Fellowship of Believers Baptist Church, owner, for approval of a Conditional Use Permit (CUP) for the expansion of a church on approximately 3.00 acres of land within the Neighborhood Service (NS) District, to wit: City Council Regular Meeting - Feb 28 2022 Legal Description: A subdivision of 3.0000 acres situated in the H.T.B.R.R. Co. Survey, Abstract No. 240, City of Pearland, Brazoria County, Texas. General Location: 2834 Wagon Trail Road, Pearland, Texas. Public Hearing: CUP 22-00001: Conditional Use Permit for the expansion of a Church in NS AIR-22-056 - Pdf VII. NEW BUSINESS 2. Consideration and Possible Action - Resolution No. R2022-CUP22- 00001 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for the expansion of a church on approximately 3.00 acres of land within the Neighborhood Service (NS) District; being described as a subdivision of 3.0000 acres situated in the H.T.B.R.R. Co. Survey, Abstract No. 240, City of Pearland, Brazoria County, Texas (located at 2834 Wagon Trail Road, Pearland, Texas). Conditional Use Permit Application No CUP22-00001, for a Conditional Use Permit (CUP) for the expansion of a church within the Neighborhood Service (NS) District, at the request of Candice McGuire, applicant, on behalf of Julian Davis III, representing Fellowship of Believers Baptist Church, 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. R2022-CUP22-00001 AIR-22-057 - Pdf VIII. 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 Minutes - February 14, 2022 City Council Special Meeting - Strategic Planning Workshop Minutes February 19, 2022 City Council Regular Meeting Minutes - Feb 14 2022 City Council Special Meeting - Strategic Planning Workshop Minutes - Feb 19 2022 B. Consideration and Possible Action - Resolution No. R2022-51 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for fittings, couplings and valves to Accurate Supply, in the estimated amount of $17,000.00, for the period of March 1, 2022 through February 28, 2023. Accurate Supply - Parts, Fittings and Valves Contract AIR-22-068 - Pdf C. Consideration and Possible Action - Resolution No. R2022-50 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit City Council Regular Meeting - Feb 28 2022 supply contract for fittings, couplings and valves to Coburn's Supply, in the estimated amount of $25,000.00, for the period of March 1, 2022 through February 28, 2023. Coburn's Supply - Fittings, Couplings and Valves AIR-22-066 - Pdf D. Consideration and Possible Action - Resolution No. R2022-48 - A Resolution of the City Council of the City of Pearland, Texas, amending a contract for fire personal protection equipment, small tools and other equipment, with Municipal Emergency Services, in the additional amount of $20,000.00 (total contract amount of $99,871.51). Request for Purchasing Authority AIR-22-064 - Pdf E. Consideration and Possible Action - Resolution No. R2022-44 - A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in a cooperative purchase agreement using The Interlocal Purchasing System (TIPS) for the purchase of four (4) fleet vehicles, in the amount of $172,946.33, from Silsbee Group. TML and Total Loss Vehicle Replacements AIR-21-626 - Pdf F. Consideration and Possible Action - Resolution No. R2022-45 - 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 Houston -Galveston Area Council (HGAC) for the unit supply purchase of auto parts, in the estimated amount of $135,000.00, from Auto Plus, for the period of March 4, 2022 through March 3, 2023. Auto Plus Auto Parts Contract AIR-21-629 - Pdf G. Consideration and Possible Action - Resolution No. R2022-47- A Resolution of the City Council of the City of Pearland, Texas, amending a unit supply contract for general plumbing services with Boyer, Inc., in the additional amount of $16,200.00 (total amount of $40,200.00). Boyer Inc. Contract Amendment for General Plumbing Services AIR-22-028 - Pdf H. Consideration and Possible Action - Resolution No. R2022- 43 - A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in a cooperative purchase agreement using The Interlocal Purchasing System (TIPS) for the purchase of one (1) police vehicle, in the amount of $60,387.99, from Lake Country Chevrolet. 1 TML Total Loss Vehicle Replacement AIR-22-047 - Pdf I. Consideration and Possible Action - Resolution No. R2022-49 - A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in a cooperative purchase agreement using the Houston -Galveston Area Council (HGAC) for the purchase of one (1) unit of heavy equipment (mini excavator), in the amount of $68,884.97, from ASCO Equipment. Replacement Equipment for M165 AIR-22-055 - Pdf City Council Regular Meeting - Feb 28 2022 IX. NEW BUSINESS CONTINUED 3. Council Discussion - Draft Short-term Rental Ordinance A. Permit Application B. Inspection Required C. Restrictions D. Permit Denial or Revocation Draft STR Ordinance AIR-22-051 - Pdf 4. Consideration and Possible Action - Resolution No. R2022-32 - A Resolution of the City Council of the City of Pearland, Texas, approving an appropriation of $912,000 from Fund 569 Revenue Bond 2022 Fund to the Bailey Sewer Line (WW2007) project and $1,600,000 from Fund 569 Revenue Bond 2022 Fund to the Bailey Water Plant Improvements (WA1901) project and awarding a construction services contract for the Bailey Road Water Treatment Plant Project, to LEM Construction Co., Inc., in the amount of $12,593,561.91. Bailey Water Treatment Plant Improvements and Bailey Sewer Line -Veterans to Bailey Water Plant Construction Contract AIR-22-023 - Pdf 5. Consideration and Possible Action - Resolution No. R2022-33 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a construction material testing contract with Terracon Consultants, Inc., in the estimated amount of $212,735.00, for the Bailey Road Water Treatment Plant Project. Bailey Water Treatment Plant Improvements and Bailey Sewer Line -Veterans to Bailey Water Plant CMT Contract AIR-21-627 - Pdf 6. Consideration and Possible Action - Resolution No. R2022-52 - A Resolution of The City Council of the City of Pearland, Texas, creating a Citizens Drainage Bond Program Advisory Committee ("Committee") and appointing members to the Committee. Creation and appointment of the Drainage Bond Advisory Committee AIR-22-081 - Pdf 7. Consideration and Possible Action — Second and Final Reading of Ordinance No. 1605-3 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1605-2, 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. FY2022 Budget Amendment #3 AIR-22-070 - Pdf 8. Consideration and Possible Action — First Reading of Ordinance No. 1605-4 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1605-3, 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. FY2022 Budget Amendment #4 AIR-22-071 - Pdf City Council Regular Meeting - Feb 28 2022 9. Consideration and Possible Action - Resolution No. R2022-42 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire fee title to certain property for the road right-of-way; being 0.1360 acres (5,925 square feet) parcel of land situated in the H.T. & B.R.R. Co. Survey, Abstract 304, Brazoria County, Texas; being out of and a portion of that certain called 0.4579 acre tract of land conveyed to Chay Ung by Deed executed December 31, 2010 in Clerk's File Number 2011001608, in the Official Records of Brazoria County, Texas for the construction and maintenance of public road 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. ROW Acquisition Smith Ranch Road- Parcel 7 AIR-22-048 - Pdf 10. Consideration and Possible Action - Resolution No. R2022-41 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire fee title to certain property for the road right-of-way; being 0.0369 acres (1,606 square feet) parcel of land situated in the H.T.& B.R.R. Co. Survey, Abstract 304, Brazoria County, Texas; being out of and a portion of that certain called 0.5 acre tract conveyed to Christopher Lee Mosley by Quitclaim Deed executed July 13, 1998 in Clerk's File Number 98028656 in the Official Records of Brazoria County, Texas, and being out of and a portion of that certain tract of land ascribed to Carol Ann Jamison and Katherine Spencer Jamison as described in Real Property Affidavit executed May 08, 2014 as recorded in File Number 2014018256, in the Official Public Records of Brazoria County, Texas, for the construction and maintenance of public road 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. ROW Acquisition Smith Ranch Road- Parcel 5b AIR-22-049 - Pdf 11. Consideration and Possible Action - Resolution No. R2022-40 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire fee title to certain property for the road right-of-way; being 0.2560 acres (11,152 square feet) parcel of land situated in the H.T &B. R.R. Co. Survey, Abstract 304, Brazoria County, Texas; being out of and a portion of that certain called 11.570 acre tract conveyed to Hanan Khalet by Deed executed August 02, 2018 in Clerk's File Number 2018040114 in the Official Records of Brazoria County, Texas for the construction and maintenance of public road 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. ROW Acquisition Smith Ranch Road- Parcel 4 AIR-22-050 - Pdf City Council Regular Meeting - Feb 28 2022 X. MATTERS REMOVED FROM CONSENT AGENDA Xl. OTHER BUSINESS XII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION 12. Council Consideration Request - Formal Council Meeting Updates Regarding Surface Water Treatment Plant Consider Request for Formal Council Meeting Updates Regarding Surface Water Treatment Plant AIR-22-059 - Pdf 13. Consideration and Possible Action - Consider ceasing the 32/30 Plan for Utility Billing per UB Staffs recommended approach, 1 Bill Alternative. Consider ceasing the 32/30 Plan for Utility Billing AIR-22-077 - Pdf XIII. 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- Economic Development Negotiations - Deliberations Regarding Economic Development Negotiations. Section 551.072- Deliberations Regarding Real Property - Consultation with the City Attorney regarding the potential purchase of Real Property. XIV. NEW BUSINESS CONTINUED 14. Consideration and Possible Action - Regarding Economic Development Negotiations. 15. Consideration and Possible Action - Regarding the potential purchase of Real Property. XV. 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 Regular Meeting for February 28, 2022 was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on February 24, 2022 by 7:00 p.m. City Council Regular Meeting - Feb 28 2022 Leslie Crittenden Interim City Secretary City Council Regular Meeting - Feb 28 2022