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2022-09-12 CITY COUNCIL REGULAR MEETING AGENDA ti CITY COUNCIL REGULAR MEETING AGENDA MONDAY, SEPTEMBER 12, 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-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 1. Public Hearing: A request by Anthony Spriggins, applicant, and owner, for approval of a zone change for approximately 5.3499 acres of land from General Business (GB) District to Single-Family Residential-4 (R-4) District, to wit: Legal Description: A 5.3499-acre tract of land out of a 37.948-acre tract out of the southeast one-quarter of Section 13, HT. & B.R.R. Co. Survey, Abstract 240, Brazoria County, being the same land described in a deed recorded in Volume 1261, Page 725 of the Deed Records of Brazoria County, Texas. General Location: East Side of Hatfield Road, South of Fite Road. Public Hearing:ZONE CHANGE APPLICATION-ZONE 22-19 AIR-22-450-Pdf City Council Regular Meeting - Sep 12 2022 VI. NEW BUSINESS 1. Consideration and Possible Action - First Reading of Ordinance No. 2000M-233 - 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 5.3499-acre tract of land out of a 37.948-acre tract out of the southeast one-quarter of Section 13, HT. & B.R.R. Co. Survey, Abstract 240, Brazoria County, being the same land described in a deed recorded in Volume 1261, Page 725 of the Deed Records of Brazoria County, Texas (located east of Hatfield Road, south of Fite Road). Zone Change Application No. ZONE 22-19, a request by Anthony Spriggins, applicant, and owner, for approval of a zone change for approximately 5.3499 acres of land from General Business (GB) District to Single-Family Residential-4 (R-4) 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-233 AIR-22-458- Pdf VII. PUBLIC HEARING NO. 2 2. Public Hearing: A request by Sameer Gulamani & Karim Pirani, applicant, on behalf of Fric Inc., owner, for approval of a zone change from General Business (GB) District to Townhome (TH) District on four (4) tracts of land totaling approximately 5.72 acres, to wit: Legal Description: Reserves "A" & "B": Being Reserve "A", Block 1 and Reserve "B", Block 2 of the Westwood Village Subdivision, Section 1, a subdivision in the City of Pearland, Brazoria County, Texas, according to the Final Plat recorded in Volume 17, Page 135-136 in the Official Plat Records of Brazoria County, Texas. Reserves "C" & "D": Being Reserve "C", Block 4 and Reserve "D", Block 3 of the Westwood Village Subdivision, Section 5, a subdivision in the City of Pearland, Brazoria County, Texas, according to the Final Plat recorded in Volume 17, Page 343-344 in the Official Plat Records of Brazoria County, Texas. General Location: Northeast and Southeast Corners of McLean Road and Springfield Ave. & Northwest & Southwest Corners of Veterans Drive and Springfield Ave. Public Hearing:ZONE CHANGE APPLICATION-ZONE 22-18 AIR-22-449-Pdf VIII. NEW BUSINESS 2. Consideration and Possible Action - First Reading of Ordinance No. 2000M-232 - 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 Reserve "A", Block 1 and Reserve "B", Block 2 of the Westwood Village City Council Regular Meeting - Sep 12 2022 Subdivision, Section 1, a subdivision in the City of Pearland, Brazoria County, Texas, according to the Final Plat recorded in Volume 17, Page 135-136 in the Official Plat Records of Brazoria County, Texas; and also being Reserve "C", Block 4 and Reserve "D", Block 3 of the Westwood Village Subdivision, Section 5, a subdivision in the City of Pearland, Brazoria County, Texas, according to the Final Plat recorded in Volume 17, Page 343-344 in the Official Plat Records of Brazoria County, Texas (located at the Northeast and Southeast Corners of McLean and Springfield Ave. and Northwest and Southwest Corners of Veterans Road and Springfield Ave). Zone Change Application No. ZONE 22-18, a request by Sameer Gulamani & Karim Pirani, applicant, on behalf of Fric Inc., owner, for approval of a zone change from General Business (GB) to Townhome (TH) District on four (4) tracts of land totaling approximately 5.72 acres; 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-232 AIR-22-463- Pdf IX. PRESENTATIONS 1. Presentation of Proclamations from Mayor Kevin Cole to the Pearland Little League All-Star Baseball Team. Presentation of Proclamations AIR-22-466-Pdf X. 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 Regular Meeting and Budget Discussion #2 held on August 22, 2022, and the City Council Special Meeting First Budget Public Hearing and Budget Discussion #3 held on August 29, 2022. Approval of Minutes AIR-22-431 - Pdf B. Consideration and Possible Action - Second and Final 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 City Council Regular Meeting - Sep 12 2022 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-Second and Final Reading of Ordinance No. 2000M-229 AIR-22-445-Pdf C. Consideration and Possible Action - Second & Final 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-Second & Final Reading of Ordinance No.2000M-230 AIR-22-446-Pdf D. Consideration and Possible Action - Second & Final 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. Consideration and Possible Action-Second & Final Reading of Ordinance No.2000T-37 AIR- 22-448-Pdf E. Consideration and Possible Action - Resolution No. R2022-195 - A Resolution of the City Council of the City of Pearland, Texas, establishing the Council Meeting times and dates for 2023. 2023 City Council Meeting Dates AIR-22-430- Pdf F. Consideration and Possible Action - Resolution No. R2022-197 - A Resolution of the City Council of the City of Pearland, Texas, authorizing City Council Regular Meeting - Sep 12 2022 participation through an interlocal agreement with National IPA — OMNIA Partners for the purchase of chemical reagent, instrumentation and operational parts/supplies from Fisher Scientific, in the estimated amount of $471,150.00, for the period of September 13, 2022 through September 12, 2023. Chemical Reagents, Instrumentation, and Operational Supplies AIR-22-433-Pdf G. Consideration and Possible Action - Resolution No. R2022-198 - A Resolution of the City Council of the City of Pearland, Texas, awarding a service contract for municipal veterinary services to Pearland Animal Hospital, in the estimated amount of $100,000.00, for the period of September 13, 2022 through September 12, 2023. Contract Vet AIR-22-414- Pdf H. Consideration and Possible Action - Resolution No. R2022-199 - A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for overhead door services (maintenance and repairs) associated with City facilities, with DH Pace, Inc., in the estimated amount of$60,000.00, for the period of October 1, 2022 to September 30, 2023. D.H. Pace-Overhead door PM and Repairs AIR-22-139-Pdf Consideration and Possible Action - Resolution No. R2022-206 - A Resolution of the City Council of the City of Pearland, Texas, approving participation in the Office of the Governor, Criminal Justice Division, Rifle Resistant Body Armor Grant Program; Grant Number: 46149-01. Ballistic Shield Grant Program- FY 23 Application-Criminal Justice Division AIR-22-454-Pdf Xl. NEW BUSINESS CONTINUED 3. Consideration and Possible Action - Second & Final Reading of Ordinance No. 2000M-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-Second & Final Reading of Ordinance No.2000M-231 AIR-22-447-Pdf City Council Regular Meeting - Sep 12 2022 4. Consideration and Possible Action - Resolution No. R2022-196 - A Resolution of the City Council of the City of Pearland, Texas, consenting to the exclusion of certain land from the boundaries of Pearland Municipal Management District No. 2. PMMD#2 Land Exclusion AIR-22-451 -Pdf 5. Consideration and Possible Action — First Reading of Ordinance No. 1619 - An appropriation Ordinance adopting a budget for the fiscal year beginning October 1, 2022, and ending September 30, 2023, and pay plans for fiscal year 2023. Budget Ordinance First Reading FY23 AIR-22-435-Pdf 6. Consideration and Possible Action- First Reading of Ordinance No. 1620 - An Ordinance adopting a tax rate of $0.623765 and levying taxes for the use and support of the Municipal Government of the City of Pearland, Texas, and providing for the interest and sinking fund of the taxable year 2022. First Reading of FY23 Tax Rate AIR-22-437-Pdf 7. Consideration and Possible Action — First Reading of Ordinance No. 1358-24 - An Ordinance of the City Council of the City of Pearland, Texas, amending non-development usage and service fees; containing a savings clause, a severability clause, a repealer clause, providing for publication and an effective date. First Reading of Non-Development Fee Ordinance FY23 AIR-22-438- Pdf 8. Consideration and Possible Action - Resolution No. R2022-207 - A Resolution of the City Council of the City of Pearland, Texas, amending a Construction Manager at Risk contract with Durotech, in the additional amount of $4,533,569.00, to include the Guaranteed Maximum Price (GMP) of $4,780,850.00 (inclusive of General Conditions and Pre-Construction Services) for Construction Phase Services associated with the Public Safety Training & Education Building; and amending a Construction Manager at Risk contract, in the additional amount of $1,261,587.00, to include the total GMP of $1,263,087.00 (inclusive of General Conditions and Pre-Construction Services) for Construction Phase Services associated with Public Safety Building Renovations. GMP for Training Building and PSB Renovation AIR-21-624- Pdf XII. MATTERS REMOVED FROM CONSENT AGENDA XIII. OTHER BUSINESS XIV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION 1. Council Discussion and Direction - A request of Hilton Garden Inn (HGI) to enter into an extended Hotel Occupancy Tax (HOT) Abatement Agreement. City Council Regular Meeting - Sep 12 2022 Hilton Garden Inn Hotel Occupancy Tax Abatement Agreement Discussion AIR-22-459-Pdf 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 281.652.1840 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 September 12, 2022, was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on September 8, 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 City Secretary City Council Regular Meeting - Sep 12 2022