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2022-08-08 CITY COUNCIL REGULAR MEETING AGENDA JA I 114 HO IF II CITY COUNCIL REGULAR MEETING AGENDA AUGUST 8, 2022 6:30 P.M. 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-Tern Tony Carbone, Councilmember Joseph Koza, Councilmember Alex Kamkar, Councilmember Adrian Hernandez, Councilmember Layni Cade, Councilmember Jeffrey Barry, 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 Jignesh Derasari, applicant, on behalf of Forgotten Angels Foundation, owner, for approval of a zone change from Planned Development (PD) to Planned Development (PD) to accommodate two large lots for single family homes and a detention and park reserve within the last section of the Bellavita age-restricted community, on approximately 3.1749 acres of land, to wit: Legal Description: 3.1749 acres of land, more or less, out of the W.D.C. Hall Survey, Abstract No. 23, in Harris County, Texas, and being that same property conveyed in Special Warranty Deed to Green Hollow Ltd., a Texas limited partnership, dated March 27, 2014, recorded in Clerk's File No. 20140142664, Official Public Records, Harris County, Texas. City Council Regular Meeting-Aug 08 2022 General Location: Southeast Corner of South Rivera Circle & Berlino Drive. Public Hearing:Zone Change Application:ZONE 22-05 AIR-22-372- Pdf VI. NEW BUSINESS 1. Consideration and Possible Action - First Reading of Ordinance No. 2000M-227 - 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 3.1749 acres of land, more or less, out of the W.D.C. Hall Survey, Abstract No. 23, in Harris County, Texas, and being that same property conveyed in Special Warranty Deed to Green Hollow Ltd., a Texas limited partnership, dated March 27, 2014, recorded in Clerk's File No. 20140142664, Official Public Records, Harris County, Texas (located at the Southeast Corner of South Rivera Circle & Berlino Drive). Zone Change Application No. ZONE 22-05, a request by Jignesh Derasari, applicant, on behalf of Forgotten Angels Foundation, owner, for approval of a zone change for approximately 3.1749 acres of land from Planned Development (PD) to Planned Development (PD), to accommodate two large lots for single family homes and a detention and park reserve within the Bellavita age-restricted community; 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-227 AIR-22-373- Pdf VII. PUBLIC HEARING NO. 2 Public Hearing: A request by Jennifer Evans, applicant, on behalf of Signature Eubanks &Associates, Ltd., owner, for approval of a Conditional Use Permit (CUP) for Mini-Warehouse/Self Storage use on approximately 3.3131 acres of land within the General Commercial (GC) District, to wit: Legal Description: Lot 1-B, Block 1 of Replat No. 1 of Lot 1 of Fite at F.M. 1128, a subdivision in the City of Pearland, Brazoria County, according to the plat recorded under County Clerk's File No. 2008035185 in the Plat Records of Brazoria County, Texas. General Location: 7221 Fite Road, Pearland, Texas. Public Hearing: Conditional Use Permit Application-CUP 22-12 AIR-22-383- Pdf VIII. NEW BUSINESS 2. Consideration and Possible Action - Resolution No. R2022-CUP22-12 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Mini-Warehouse/Self Storage use within the General Commercial (GC) District,on approximately 3.3131 acres of land; being described as Lot 1-B, Block 1 of Replat No. 1 of Lot 1 of City Council Regular Meeting- Aug 08 2022 Fite at F.M. 1128, a subdivision in the City of Pearland, Brazoria County, according to the plat recorded under County Clerk's File No. 2008035185 in the Plat Records of Brazoria County, Texas (located at 7221 Fite Road, Pearland, Texas). Conditional Use Permit Application No CUP22-12, forMini- Warehouse/Self Storage use within the General Commercial (GC) District, at the request of Jennifer Evans, applicant, on behalf of Signature Eubanks & Associates, Ltd., 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-CUP22-12 AIR-22-384-Pdf IX. PUBLIC HEARING NO. 3 Public Hearing: A request by Mona Miller, applicant, on behalf of Steven Ryan, owner, for approval of a zone change for approximately 3.611 acres of land from Heavy Industrial (M-2) District to General Commercial (GC) District, to wit: Legal Description: A 3.611-acre tract (called) out of Lot 24 of Lot 24 of the Subdivision of Section 2, situated in the A.C.H. & B. Survey, Abstract No. 507, Brazoria County, Texas. General Location: Southwest Quadrant of Main Street and Bailey Road. Public Hearing:Zone Change Application-ZONE 22-12 AIR-22-376- Pdf X. NEW BUSINESS 3. Consideration and Possible Action - First Reading of Ordinance No. 2000M-229 - 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 3.611-acre tract (called) out of Lot 24 of Lot 24 of the Subdivision of Section 2, situated in the A.C.H. & B. Survey, Abstract No. 507, Brazoria County, Texas (located at the Southwest Quadrant of Main Street and Bailey Road). Zone Change Application No. ZONE 22-12, a request by Mona Miller, applicant, on behalf of Steven Ryan, owner, for approval of a zone change for approximately 3.611 acres of land from Heavy Industrial (M-2) District to General Commercial (GC) District; 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-229 AIR-22-377- Pdf Xl. PUBLIC HEARING NO. 4 Public Hearing: A request by Steven Henderson, applicant, on behalf of CAFM RE, LLC, owner, for approval of a zone change for approximately 40.752 acres of land from Light Industrial (M-1) District to General Commercial (GC) District, to wit: Legal Description: A tract containing 40.752 acres (1,775,144 square feet) of land, City Council Regular Meeting-Aug 08 2022 situated in the J.M. Swisher Survey, Abstract No. 667, H.T. & B. RR. Co. Survey, Abstract No. 542 and H.T. & B. RR. Co. Survey, Abstract No. 232, Brazoria County, Texas, being all of a called 26.162 acres and all of a called 16.176 acres described in a deed to CAFM RE LLC, as recorded under Brazoria County Clerk's File No. 2020074350. General Location: 1014 Main Street, Pearland, Texas. Public Hearing:Zone Change Application-ZONE 22-09 AIR-22-374- Pdf XII. NEW BUSINESS 4. Consideration and Possible Action - First Reading of Ordinance No. 2000M-228 - 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 tract containing 40.752 acres (1,775,144 square feet) of land, situated in the J.M. Swisher Survey, Abstract No. 667, H.T. & B. RR. Co. Survey, Abstract No. 542 and H.T. & B. RR. Co. Survey, Abstract No. 232, Brazoria County, Texas, being all of a called 26.162 acres and all of a called 16.176 acres described in a deed to CAFM RE LLC, as recorded under Brazoria County Clerk's File No. 2020074350 (located at 1014 Main Street, Pearland, Texas). Zone Change Application No. ZONE 22-09, a request by Steven Henderson, applicant, on behalf of CAFM RE, LLC, owner, for approval of a zone change for approximately 40.752 acres of land from Light Industrial (M-1) District to General Commercial (GC) District; 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-228 AIR-22-375- Pdf XIII. PUBLIC HEARING NO. 5 I. Public Hearing: A request by Nathan Do, applicant, on behalf of VNDO Holdings LLC, owner, for approval of a zone change for approximately 9.747 acres of land from Cullen Mixed Use (C-MU) District to General Commercial (GC) to wit: Legal Description: Being a 9.747-acre tract of land situated in the H.T. & B. R.R. Co. Survey, Abstract No. 243, City of Pearland, Brazoria County, Texas, being a portion of a called 4.999 acre tract of land described in an instrument to Allison Investments, Inc. recorded under Brazoria County Clerks' Fil No. 99057945, and a portion of a called 4.999 acre tract of land as described in an instrument to Allison Investments, Inc. recorded under Brazoria county Clerk's File No. 91896452, same as being out of Lot 3, Section 19 of Allison- Richey Gulf Coast Home Company's Part of Suburban Gardens subdivision as recorded under Volume 2, Page 23 of the Brazoria County Map Records. General Location: 1855 Cullen Parkway, Pearland, Texas. City Council Regular Meeting-Aug 08 2022 Public Hearing:Zone Change Application-ZONE 22-16 AIR-22-381 - Pdf XIV. NEW BUSINESS 5. Consideration and Possible Action - First Reading of Ordinance No. 200M-230 - 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 9.747-acre tract of land situated in the H.T. & B. R.R. Co. Survey, Abstract No. 243, City of Pearland, Brazoria County, Texas, being a portion of a called 4.999 acre tract of land described in an instrument to Allison Investments, Inc. recorded under Brazoria County Clerks' Fil No. 99057945, and a portion of a called 4.999 acre tract of land as described in an instrument to Allison Investments, Inc. recorded under Brazoria county Clerk's File No. 91896452, same as being out of Lot 3, Section 19 of Allison- Richey Gulf Coast Home Company's Part of Suburban Gardens subdivision as recorded under Volume 2, Page 23 of the Brazoria County Map Records (located at 1855 Cullen Parkway, Pearland, Texas). Zone Change Application No. ZONE 22-16, a request by Nathan Do, applicant, on behalf of VNDO Holdings LLC, owner, for approval of a zone change for approximately 9.747 acres of land from Cullen Mixed Use (C-MU) District to General Commercial (GC); 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-230 AIR-22-382- Pdf XV. PUBLIC HEARING NO. 6 Public Hearing: A request by the City of Pearland, applicant, for approval of proposed amendments to the Unified Development Code (UDC), Ordinance No. 2000T, in accordance with Section 1.1.4.1 of the Unified Development Code, to include: 1. Amendments to Chapter 4, Section 4.2.4.3 (a), Fencing, of the Unified Development Code, to allow additional height for residential fences within the front yards of residential properties fronting on identified Thoroughfares. Public Hearing: Proposed Amendments to the Unified Development Code(UDC 2000-T-37)AIR-22-385- Pdf XVI. NEW BUSINESS 6. Consideration and Possible Action - First Reading of Ordinance No. 2000T-37 - An Ordinance of the City Council of the City of Pearland, Texas, for the purpose of amending to the Unified Development Code of the City of Pearland, Texas, Ordinance No. 2000T, Chapter 4, Section 4.2.4.3 (a), Fencing Regulations of the Unified Development Code, to allow additional height for residential fences within the front yards of residential properties fronting on identified Thoroughfares; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. City Council Regular Meeting- Aug 08 2022 Consideration and Possible Action- First Reading of Ordinance No. 2000T-37 AIR-22-386- Pdf XVII. 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. The City Council Special Meeting and the City Council and Planning & Zoning Joint Development Workshop on July 18, 2022. The City Council Special Meeting and the City Council Regular Meeting on July 25, 2022. Approval of Minutes AIR-22-379- Pdf B. Consideration and Possible Action - Resolution No. R2022-157 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional services contract with Leaf Engineers, for design, bid and construction phase services associated with the Natatorium Air Handler Replacement Project, in the estimated amount of$324,250.00. Natatorium Air Handling Replacement Design Contract AIR-21-628- Pdf C. Consideration and Possible Action - Resolution No. R2022-172 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the Lower Kirby Pearland Management District ("District") to issue and sell bonds with no City of Pearland bond obligations, totaling $3,420,000.00, for certain road way and storm drainage projects (Fruge Road east of Kirby Drive) in the District. LKPMD Bond Approval Letter AIR-22-352-Pdf D. Consideration and Possible Action - Resolution No. R2022-173 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for Rough Cut, Open Ditch and Bridge grounds maintenance services to Stronghold Vegetation, in the estimated amount of $253,495.75, for the period of August 8, 2022 through August 7, 2023. Rough Cut Contract AIR-22-303- Pdf E. Consideration and Possible Action - Resolution No. R2022-174 - A Resolution of the City Council of the City of Pearland, Texas, accepting the City's Investment Report for the quarter ending June 2022. Quarterly Investment Report-June 2022 AIR-22-371 -Pdf F. Consideration and Possible Action - Resolution No. R2022-177 - A Resolution of the City Council of the City of Pearland, Texas, awarding a kennel cleaning service contract for the Shari D. Coleman Animal Shelter and Adoption Center, to Ambassador Services, LLC, in the amount of$70,353.00 for the period of August 8, 2022 through August 7, 2023. City Council Regular Meeting- Aug 08 2022 Kennel Cleaning AIR-22-380- Pdf G. Consideration and Possible Action - Resolution No. R2022-182 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Architect Design Group (ADG), for preliminary planning schematic report services associated with the Public Safety Driver Training & Firearms Range Facility, in the estimated amount of$99,300.00. Public Safety Driver Training& Firearms Range Facility PER AIR-22-390- Pdf H. Consideration and Possible Action - Resolution No. R2022-183 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City's participation in the 2022 Motor Vehicle Crime Prevention Authority Auxiliary Grant Program, and designating an authorized official, program director, and financial officer for the program. Auto License Plate Reader Grant-Tx Motor Vehicle Crime Prevention Authority AIR-22-395- Pdf XVIII. NEW BUSINESS CONTINUED 7. Consideration and Possible Action - Resolution No. R2022-184 - A Resolution of the City Council of the City of Pearland, Texas, approving the City of Pearland's FY 2023 — 2027 5-Year Community Development Block Grant (CDBG) Consolidated Plan and Fiscal Year 2023 CDBG Annual Action Plan, to be submitted to the U.S. Department of Housing and Urban Development. CDBG FY 23-27 Consolidated Plan and FY 23 Annual Action Plan AIR-22-396-Pdf 8. Consideration and Possible Action - Resolution No. R2022-178 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract associated with the installation of the playground surface for the Ed Thompson All-Inclusive Playground Project, to Lonestar Recreation of Texas, LLC, in the amount of$574,457.78. Ed Thompson All-Inclusive Playground Surfacing AIR-22-387- Pdf 9. Consideration and Possible Action - Resolution No. R2022-187 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit price bid for the purchase of motor fuel from Houston-Pasadena Apache Oil, in an estimated amount $900,000.00, for the period of August 9th, 2022 through August 8th, 2023. Annual Motor Fuel Contract AIR-22-400-Pdf 10. Consideration and Possible Action - Resolution No. R2022-180 - A Resolution of the City Council of the City of Pearland, Texas, placing on the agendas of September 12, 2022 and September 26, 2022 City Council meetings, consideration of the proposed fiscal year 2022-2023 budget and setting the public hearing on the budget for August 29, 2022 at 6:30 PM. Setting Budget Public Hearing AIR-22-364-Pdf 11. Consideration and Possible Action - Resolution No. R2022-179 - A City Council Regular Meeting- Aug 08 2022 Resolution of the City Council of the City of Pearland, Texas, proposing a tax rate not to exceed 0.628765, which represents a property tax revenue increase of 15.79% above the No New Revenue Tax Rate, and placing on the agendas of September 12, 2022 and September 26, 2022 regular City Council meetings, consideration of the proposed fiscal year 2022-2023 tax rate and setting a public hearing on the tax rate for August 29, 2022 at 6:30 pm. Tax Rate Dates for Consideration AIR-22-365-Pdf XIX. MATTERS REMOVED FROM CONSENT AGENDA XX. OTHER BUSINESS XXI. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION Update and discussion on the Advanced Meter Infrastructure project. Advanced Meter Infrastructure Update AIR-22-378-Pdf XXII. 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 281.652.1840 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, Frances Aguilar, City Secretary, do hereby certify that this Notice of Meeting was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and on the City's website, https://www.pearlandtx.gov/, in compliance with Chapter 551, Texas Government Code. This said Notice of the City of Pearland City Council Regular Meeting for August 8, 2022, was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on August 5, 2022, by 6:30 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of the said meeting. Frances Aguilar, TRMC, MMC City Secretary City Council Regular Meeting-Aug 08 2022