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2022-08-22 CITY COUNCIL REGULAR MEETING AGENDA *4111111, III z II litu1,1 i CITY COUNCIL REGULAR MEETING AND BUDGET DISCUSSION # 2 AGENDA AUGUST 22, 2022 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-Tern Tony Carbone, Councilmembers Joseph Koza, Alex Kamkar, Adrian Hernandez, Layni Cade, Jeffrey Barry, and 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 Adkisson GC Partners, LLC, represented by Anthony Sarao, applicant, on behalf of Hooper Partner Investment, LP, owner, for approval of a zone change for approximately 8.834 acres of land from Spectrum (S-1) District to Planned Development (PD) District, to wit: Legal Description: A tract or parcel containing 8.834 acres or 384,808 square feet of land being out of and a part of the remainder of a called 36.166-acre tract described in a deed to SHT/Kirby, Ltd., as recorded under Harris County Clerk's File No. 20080049996 situated in the D. White Survey, Abstract No. 876, Harris County, Texas. General Location: Southwest Corner of Hooper Road and Sam Houston Tollway. Public Hearing:Zone Change Application-ZONE 22-17 AIR-22-403- Pdf City Council Regular Meeting & Budget Discussion #2 -Aug 22 2022 VI. NEW BUSINESS 1. Consideration and Possible Action - First Reading of Ordinance No. 200M-231 - 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 or parcel containing 8.834 acres or 384,808 square feet of land being out of and a part of the remainder of a called 36.166-acre tract described in a deed to SHT/Kirby, Ltd., as recorded under Harris County Clerk's File No. 20080049996 situated in the D. White Survey, Abstract No. 876, Harris County, Texas (located at the southwest corner of Hooper Road and Sam Houston Tollway). Zone Change Application No. ZONE 22- 17, a request by Adkisson GC Partners, LLC, represented by Anthony Sarao, applicant, on behalf of Hooper Partner Investment, LP, owner, for approval of a zone change for approximately 8.834 acres of land from Spectrum (S-1) District to Planned Development (PD) 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. 200M-231 AIR-22-404- Pdf VII. PUBLIC HEARING NO. 2 I. Public Hearing: A request by Scott Mommer Consulting, represented by Cassie Permenter, applicant, on behalf of HD Development Properties LB, owner, for approval of a Conditional Use Permit (CUP) for Outside Storage use on approximately 9.8857 acres of land within the General Commercial (GC) District, to wit: Legal Description: A 9.8857-acre tract of land, also being the remainder of Reserve A, Block 1 of Final Plat Home Depot U.S.A., Inc. Subdivision, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 21, Pages 77 & 78 of the Map Records of Brazoria County, Texas. General Location: 1514 Broadway Street, Pearland, Texas. Public Hearing: Conditional Use Permit Application-CUP 22-16 AIR-22-405-Pdf VIII. NEW BUSINESS 2. Consideration and Possible Action - Resolution No. R2022-CUP 22-16 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Outside Storage use within the General Commercial (GC) District, on approximately 9.8857 acres of land, being described as a 9.8857-acre tract of land, also being the remainder of Reserve A, Block 1 of Final Plat Home Depot U.S.A., Inc. Subdivision, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 21, Pages 77 & 78 of the Map Records of Brazoria County, Texas(located at City Council Regular Meeting & Budget Discussion #2 - Aug 22 2022 1514 Broadway Street, Pearland, TX). Conditional Use Permit Application No CUP22-16, for Outside Storage use within the General Commercial (GC) District, at the request of Scott Mommer Consulting, represented by Cassie Permenter, applicant, on behalf of HD Development Properties LB, 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-CUP 22-16 AIR-22-406-Pdf IX. PUBLIC HEARING NO. 3 Public Hearing: A request by Scott Mommer Consulting, represented by Cassie Permenter, applicant, on behalf of HD Development Properties LB, owner, for approval of a Conditional Use Permit (CUP) for Outside Storage use on approximately 12.917 acres of land within the General Commercial (GC) District, to wit: Legal Description: All that certain 16.67 acres of land, out of Lot 30, Allison Richey Gulf Coast Home Company of Suburban Gardens, Section 85, according to the Plat recorded under Volume 2, Page 107, in the Plat Records of Brazoria County, Texas, in the H.T. & B.R.R. Company Survey, Abstract No. 304, Brazoria County, Texas, less and except, Lot 1, Block 1 and Lots 1 & 2, Block 2 of Silverlake Center, being a subdivision of 3.753 acres of land according to the plat recorded in Volume 24, Page 22 of the Plat Records of Brazoria County, Texas. General Location: 10111 Broadway Street, Pearland, Texas. Public Hearing: Conditional Use Permit Application-CUP 22-17 AIR-22-407-Pdf X. NEW BUSINESS 3. Consideration and Possible Action - Resolution No. R2022-CUP 22-17 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Outside Storage use within the General Commercial (GC) District, on approximately 12.917 acres of land, being described as 16.67 acres of land, out of Lot 30, Allison Richey Gulf Coast Home Company of Suburban Gardens, Section 85, according to the Plat recorded under Volume 2, Page 107, in the Plat Records of Brazoria County, Texas, in the H.T. & B.R.R. Company Survey, Abstract No. 304, Brazoria County, Texas, less and except, Lot 1, Block 1 and Lots 1 & 2, Block 2 of Silverlake Center, being a subdivision of 3.753 acres of land according to the plat recorded in Volume 24, Page 22 of the Plat Records of Brazoria County, Texas (located at 10111 Broadway Street, Pearland, TX). Conditional Use Permit Application No CUP22-17, for Outside Storage use within the General Commercial (GC) District, at the request of Scott Mommer Consulting, represented by Cassie Permenter, applicant, on behalf of HD Development Properties LB, 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-CUP 22-17 AIR-22-408-Pdf City Council Regular Meeting & Budget Discussion #2 - Aug 22 2022 Xl. PUBLIC HEARING NO. 4 I. Public Hearing: A request by Auri Jalili, Top Soap Express Carwash, applicant, on behalf of Dean A. HrBacek, owner, for approval of a Conditional Use Permit (CUP) for Auto Wash use on approximately 2.00 acres of land within the General Business (GB) District, to wit: Legal Description: A 2.261 acres (98,491 square feet) tract of land, being all of a called 2.00 acres tract, as described in Brazoria County Clerk File NO. 1974014750, the West %2 of Lot 48 of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas. General Location: 8013 Broadway Street, Pearland, TX. Public Hearing: Conditional Use Permit Application-CUP 22-19 AIR-22-409-Pdf XII. NEW BUSINESS 4. Consideration and Possible Action - Resolution No. R2022-CUP 22-19 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Auto Wash use within the General Business (GB) District, on approximately 2.00 acres of land, being described as 2.261 acres (98,491 square feet) tract of land, being all of a called 2.00 acres tract, as described in Brazoria County Clerk File NO. 1974014750, the West %2 of Lot 48 of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas (located at 8013 Broadway Street, Pearland, TX). Conditional Use Permit Application No CUP22-19, for Auto Wash use within the General Business (GB) District, at the request of Auri Jalili, Top Soap Express Carwash, applicant, on behalf of Dean A. HrBacek, 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-CUP 22-19 AIR-22-410-Pdf XIII. 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 for the City Council Special Meeting held on August 8, 2022, City Council Workshop Meeting held on August 8, 2022, City Council Regular Meeting held on August 8, 2022; and City Council Workshop Meeting - Budget Discussion #1 held on August 13, 2022. Approval of Minutes AIR-22-418- Pdf City Council Regular Meeting & Budget Discussion #2 - Aug 22 2022 B. Consideration and Possible Action - Resolution No. R2022-159 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit cost contract for property acquisition and relocation services with Right- of-Way Solutions LLC. ROW Solutions Contract AIR-22-330- Pdf C. Consideration and Possible Action - Resolution No. R2022-168 - 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 Choice Partners Cooperative System for the purchase of construction services from Generosity Services, Inc., in the amount of $232,366.30, for the renovation and restoration of the Pearland Train Depot Project. Train Depot Renovation AIR-22-341 - Pdf D. Consideration and Possible Action - Resolution No. R2022-169 - A Resolution of the City Council of the City of Pearland, Texas, approving a Change Order No.2 with TB Concrete Construction, in the amount of $116,580.00, associated with the Shadow Creek Ranch Sidewalk Extension Project. Shadow Creek Ranch Sidewalk Extension Change Order AIR-22-342- Pdf E. Consideration and Possible Action - Resolution No. R2022-175 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter a First Amended Utility Agreement with Brazoria County Municipal Utility District No. 69. MUD 69 Amended Utility Agreement AIR-22-358-Pdf F. Consideration and Possible Action - Resolution No. R2022-176 - A Resolution granting the consent of the City Council of the City of Pearland, Texas, consenting to the annexation of approximately 49.654 acres, (CR 100 at Harkey Road), into Brazoria County Municipal Utility District No. 69. MUD 69 Consent to Annex(Lew Tract)AIR-22-359-Pdf G. Consideration and Possible Action - Resolution No. R2022-181 - A Resolution of the City Council of the City of Pearland, Texas, amending a contract for construction materials testing services with GeoTech Engineering and Testing, in the additional amount of $12,475.00 (total amount of $58,886.67), for services associated with the Sleepy Hollow Street, Waterline and Sanitary Sewer Rehabilitation Project. Sleepy Hollow Reconstruction Sleepy Hollow Waterline/Sleepy Hollow Sanitary Sewer Rehab Geotech Engineering and Testing Contract AIR-22-388-Pdf H. Consideration and Possible Action - Resolution No. R2022-185 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal agreement with City of Plano for the purchase of utility bill printing and mailing services from DataProse, in the estimated amount of $300,000.00, for the period of September 17, 2022 through City Council Regular Meeting & Budget Discussion #2 - Aug 22 2022 September 16, 2023. Printing&Mailing of Water Bills AIR-22-353-Pdf I. Consideration and Possible Action - Resolution No. R2022-186 - A Resolution of the City Council of the City of Pearland, Texas, ratifying emergency expenditures for HVAC repairs and replacement at the Fire Administration Building and Hillhouse annex with TD Industries, in the amount of$58,569.00. Emergency HVAC Repairs and Replacement at Fire Administration Building and Hillhouse AIR-22-392-Pdf J. Consideration and Possible Action - Resolution No. R2022-189 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Joiner Architects, for preliminary planning schematic report services associated with Fire Station # 7, in the estimated amount of $58,600.00. Fire Station#7 PER Contract AIR-22-393-Pdf K. Consideration and Possible Action - Resolution No. R2022-192 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a financial naming rights agreement with the Vaidya Foundation for the naming of the West Pearland Library Study Room No. 215. West Pearland Library Study Room 215 Naming Rights Application AIR-22-413-Pdf L. Consideration and Possible Action - Resolution No. R2022-193 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a financial naming rights agreement with Carol Krenzke, Donna Smith, and Marsha Campbell collectively, for the naming of the West Pearland Library Study Room No. 212. West Pearland Library Study Room 212 Naming Rights Application AIR-22-412-Pdf XIV. NEW BUSINESS CONTINUED 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 City Council Regular Meeting & Budget Discussion #2 - Aug 22 2022 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-22-417- Pdf 6. Consideration and Possible Action - Resolution No. R2022-188 - 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) new replacement Fire truck, in the amount of $1,035,109.00, from Siddons Martin Emergency Group. Replacement of TH122 Fire Truck AIR-22-397-Pdf 7. Consideration and Possible Action - Resolution No. R2022-190 - A Resolution of the City Council of the City of Pearland, Texas, amending Chapter 5, Stormwater Drainage, of the City's Engineering Design Criteria Manual, to reflect the National Oceanic and Atmospheric Administration (NOAA)Atlas 14 rainfall values for infrastructure design. EDCM Chapter 5 Stormwater Design Criteria Update AIR-22-323- Pdf 8. Fiscal Year 2023 Budget Discussion #2 Fiscal Year 2023 Budget Discussion#2 AIR-22-423-Pdf XV. MATTERS REMOVED FROM CONSENT AGENDA XVI. OTHER BUSINESS XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION Consideration and Possible Action- Authorizing the commissioning of a Charter Review Commission to make possible recommendations to the voters. Councilmember Request-Proposed Charter Commission AIR-22-425- Pdf Consideration and Possible Action- R2022-194 - 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. Amended City Council Rules AIR-22-428- Pdf XVIII. 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: City Council Regular Meeting & Budget Discussion #2 - Aug 22 2022 Section 551.074- Personnel Matters - Regarding City Boards and Commissions. Executive Session-Appointment of City Boards and Commissions AIR-22-415- Pdf Executive Session 551.074 - Personnel Matters - Review of the City Manager's Performance related to staff performance. Executive Session-Personnel Matters AIR-22-419-Pdf XIX. NEW BUSINESS CONTINUED 9. Consideration and Possible Action - Regarding appointments to the Boards and Commissions. Appointment to the Boards and Commissions AIR-22-416- Pdf 10. Consideration and Possible Action- Regarding the review of the City Manager's performance related to staff performance. Executive Session-551.074 Personnel Matters AIR-22-424- Pdf XX. 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 to 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 and Budget Discussion #2 for August 22, 2022, was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on August 18, 2022, by 6:00 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 & Budget Discussion #2 - Aug 22 2022