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2022-04-25 CITY COUNCIL REGULAR MEETING AGENDA PROCLAMATIONS Mayor J. Kevin Cole will be presenting the following proclamations at 6:00 p.m. in the City Council Chambers of Pearland City Hall Municipal Clerks' Week Public Service Recognition Week National Crime Victims' Rights Week Mental Health Month JA I'1111^1,����Iil�hello 44 CITY COUNCIL REGULAR MEETING AGENDA MONDAY, APRIL 25, 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. PRESENTATIONS 1. Presentation of ISO PPC Class 1 Certification by Insurance Services Office and by the Texas Department of Insurance State Fire Marshal's Office. ISO PPC Class 1 Designation and Presentation AIR-22-173- Pdf City Council Regular Meeting - Apr 25 2022 VI. PUBLIC HEARING NO. 1 Public Hearing: A request by Shahin Khatami, applicant, on behalf of Jose Majia, owner, for approval of a Conditional Use Permit (CUP) for Dwelling - Single-Family Detached use within the Old Townsite Mixed Use (OT-MU) District, to accommodate three (3) detached dwelling units on three separately platted lots totaling on 0.2869 acres of land; to wit: Legal Description: Being all of Lots 1, 2 & 3, Block 1 of Park Avenue Place, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2018003429, in the Official Plat Records of Brazoria County, Texas. General Location: 2529, 2531 & 2533 Park Avenue, Pearland, Texas. Public Hearing: Conditional Use Permit Application-CUP 22-05 AIR-22-176-Pdf VII. NEW BUSINESS 2. Consideration and Possible Action - Resolution No. R2022-CUP22-05 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Dwelling - Single-Family Detached use within the Old Townsite Mixed Use (OT-MU) District, to accommodate three (3) detached dwelling units on three separately platted lots totaling on 0.2869 acres of land; being all of Lots 1, 2 & 3, Block 1 of Park Avenue Place, an addition in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2018003429, in the Official Plat Records of Brazoria County, Texas (located at 2529, 2531 & 2533 Park Avenue, Pearland, Texas). Conditional Use Permit Application No CUP22- 05, for Dwelling - Single-Family Detached use within the Old Townsite Mixed Use (OT-MU) District, at the request of Shahin Khatami, applicant, on behalf of Jose Majia, 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-CUP22-05 AIR-22-177-Pdf VIII. 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- April 11, 2022 Approval of Minutes AIR-22-184- Pdf B. Consideration and Possible Action - Resolution No. R2022-62 - A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Council Regular Meeting - Apr 25 2022 City Manager or his designee to participate in a cooperative purchase agreement with the Houston-Galveston Area Council (HGAC) for the purchase of one (1) unit of heavy equipment (oil trailer), in the amount of $79,523.00, from SealMaster Pavement Products & Equipment. FY22 New and Replacement Equipment for M136 AIR-22-087- Pdf C. Consideration and Possible Action - Resolution No. R2022-85 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Library Services Agreement with Brazoria County ("County") associated the West Pearland Library. Library Services Agreement with Brazoria County AIR-22-162- Pdf D. Consideration and Possible Action - Resolution No. R2022-87 - A Resolution of the City Council of the City of Pearland, Texas, amending a supply contract for street and sidewalk maintenance, with Greenscapes Six, LLC, in the additional amount of $186,520.00, (total contract amount of $932,600.00). Contract Amendment for Greenscape Six AIR-22-154-Pdf E. Consideration and Possible Action - Resolution No. R2022-88 - 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 with the Texas Buy Board for the purchase of traffic signal equipment, in the amount of$301,818.00, from Cubic Trafficware. Traffic Signal upgrade program AIR-22-161 -Pdf F. Consideration and Possible Action - Resolution No. R2022-89 - 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 Interlocal Purchasing System (TIPS), for the purchase of audio-visual equipment (Surface Water Plant) from Data Vox, Inc., in the estimated amount of$172,617.92. AV Equipment for Surface Water Plant AIR-22-163-Pdf G. Consideration and Possible Action - Resolution No. R2022-90 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract associated with the Traffic Signals Upgrade Program, to Creacom, Inc., in the amount of$410,603.00. Traffic Signal Upgrade Program FY21 Construction Award AIR-22-159- Pdf H. Consideration and Possible Action - Resolution No. R2022-94 - A Resolution of the City Council of the City of Pearland, Texas, ratifying emergency expenditures, in the amount of $185,885.00, for emergency repairs of the Garden Road and Southdown water wells. Water Well Repairs Emergency Purchase Order Ratification AIR-22-140- Pdf I. Consideration and Possible Action for Extension of Resolution No. R2021-CUP 21-00005-1 - A Resolution of the City Council of the City of Pearland, Texas, approving an extension to R2021- CUP21-00005 that City Council Regular Meeting - Apr 25 2022 allows Church, Temple, or Place of Worship use within the Single-family Residential-1 (R-1) District, on approximately 4.99 acres of land,being the west one-half (W 1/2) of Lot 47, of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T. & B.R.R. CO. Survey 243, Brazoria County, Texas, according to the plat as recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas (located at 2539 Zapalac Road, Pearland, Texas). Consideration and Possible Action for Extension of Resolution No. R2022-CUP 21-00005 AIR- 22-178-Pdf J. Consideration and Possible Action — Second and Final Reading of Ordinance No. 1612 - An ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas, permanent improvement bonds in one or more series; setting certain parameters for the bonds; authorizing a pricing officer to approve the amount, the interest rate, price, and terms thereof and certain other procedures and provisions relating thereto. Series 2022-Permanent Improvement Bonds AIR-22-187-Pdf K. Consideration and Possible Action - Second and Final Reading of Ordinance No. 2000M-224 - 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, Forgotten Angels, a subdivision of 7.06 acres of land in the City of Pearland, Texas, according to the Plat recorded in County Clerk's File No. 2012045168 in the Plats Records of Brazoria County, Texas (located at 3309 Industrial Drive, Pearland, TX). Zone Change Application No. ZONE 22-02, a request by Renee McGuire, applicant, on behalf of Forgotten Angels Foundation, owner, for approval of a zone change from the Light Industrial (M-1) District, Planned Development (PD), and Single-Family Residential-4 (R-4) District to the General Business (GB) District, on approximately 7.06 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-224 AIR-22-183-Pdf IX. NEW BUSINESS CONTINUED 3. Consideration and Possible Action - Resolution No. R2022-97 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Second Amended Development Agreement with Massey Oaks Development, LP ("Developer") reciting the responsibilities of the City and Developer associated with the development of a residential community (Massey Oaks). Development Agreement 2nd Amendment(Massey Oaks AIR-22-166- Pdf 4. Consideration and Possible Action - Resolution No. R2022-16 - A Resolution of the City Council of the City of Pearland, Texas, authorizing an City Council Regular Meeting - Apr 25 2022 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 5. Consideration and Possible Action - Resolution No. R2022-69 - 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 with the Texas Buy Board for the purchase and installation of equipment for an all-inclusive playground, in the amount of $787,082.10 from Lone Star Recreation of Texas. Inclusive Playground Construction Contract AIR-22-108-Pdf 6. Consideration and Possible Action - Resolution No. R2022-93 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the commemorative naming of the City's inclusive playground at The Sports Complex at Shadow Creek Ranch. Commemorative Naming-Inclusive Park AIR-22-174-Pdf 7. Consideration and Possible Action - Resolution No. R2022-59 - 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 through Rush Truck Centers, for the purchase of two (2) new ambulances and the refurbishment and remounting of two (2) ambulance boxes on a new chassis, in the amount of $1,016,129.00. FY22 New, Replacement and Remount with Rush Truck Center AIR-22-073-Pdf 8. Consideration and Possible Action- First Reading of Ordinance No. 1605-5 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1605-4, the 2021-2022 Annual Budget Ordinance, to facilitate the changes identified herein; providing a savings clause, a severability clause, a repealer clause, and an effective date. FY22 Mid-Year Allocation AIR-22-181 -Pdf 9. Consideration and Possible Action — First Reading of Ordinance No. 1613 - An ordinance extending the city limits of the City of Pearland, Texas, by agreed petition of the property owner(s), to include certain property within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries located at 5806 Bailey Road; Property ID# 166650; containing an effective date and other provisions related to the subject; and providing a savings and severability clause. Annexation Ordinance- Property ID 166650 AIR-22-126-Pdf 10. Consideration and Possible Action — First Reading of Ordinance No. City Council Regular Meeting - Apr 25 2022 1614 - An ordinance extending the city limits of the City of Pearland, Texas, by agreed petition of the property owner(s), to include certain property within certain limits and boundaries and annexing to the City of Pearland the area within such limits and boundaries located at 3525 Charles Avenue; Property ID #526093; containing an effective date and other provisions related to the subject; and providing a savings and severability clause. Annexation Ordinance- Property ID 526093 AIR-22-127- Pdf 11. Consideration and Possible Action - Resolution No. R2022-91 - 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;being a 10.000 acre tract of land out of a 15.301 acre tract of land out of the S.C. Haynie Survey A362, Harris County, Texas intheOfficialRecordsofHarrisCounty,Texas for the construction and maintenance of public drainage 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 Lower Kirby Drainage AIR-22-164-Pdf 12. Consideration and Possible Action - Resolution No. R2022-92 - 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;being a 0.0270 acre (1,174 square feet) parcel of land, located within the Alexander, Crain, Harris, & Brooks Survey (A.C.H. & B.), Abstract-402, Brazoria County, Texas and being a portion of Lot 19 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.), being out of and a part of a called 347 acres and a portion of Lot 19 accorded in the name of Masters Road, LLC, in Brazoria County Clerk's File (B.C.C.F.) Number (No.) 2021068821 intheOfficialRecordsofBrazoriaCounty,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. Property Acquisition-City Infrastructure CR 100/FM1128/Harkey Rd.AIR-22-165-Pdf X. MATTERS REMOVED FROM CONSENT AGENDA Xl. OTHER BUSINESS XII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION 13. Consideration and Possible Action - Regarding a potential amendment to the Ethics Ordinance to include a provision that no council member may contract with the City of Pearland either personally or via a business for which they own a controlling interest for six months following the end of their term. City Council Regular Meeting - Apr 25 2022 Council Request-Ethics Ordinance Amendment AIR-22-179- Pdf 14. Council Input and Discussion - Regarding a potential re-write of the City's Unified Development Code with an emphasis on user friendliness through the simplification and efficiency of the development process, elimination of ambiguities or conflicts, and the consolidation of fragmented development guidelines to achieve continuity and consistency in the development process. Mayor's Request-Council Discussion-Potential UDC Re-write AIR-22-180-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 551.071- Consultation with City Attorney- Legal Consultation Regarding Interpretation of City Charter. XIV. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements, 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 April 25, 2022 was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on April 21, 2022 by 7:00 p.m. Leslie Crittenden City Secretary City Council Regular Meeting - Apr 25 2022