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2022-11-21 CITY COUNCIL REGULAR MEETING AGENDA 11111111111 ti oil1111111 oil CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 21, 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, 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 TN Associates, Inc., applicant, on behalf of Shahil Maknojia, owner, for approval of a Conditional Use Permit (CUP) for Convenience Store use in conjunction with a proposed Gasoline Station on approximately 1.23 acres of land within the Light Industrial (M-1) District, to wit: Legal Description:1.23-acre tract of land, being all that certain portion lying east of County Road 143 of that certain 12.987-acre tract (called 13 acres), out of the H.T. & B.R.R. Company Survey, Section 11, Abstract No. 239, Brazoria County, Texas, being the same property conveyed by Luella M. Reid and Brevard R. Knight to Britton Ryan, Jr., and Roy Long by Deed Records dated July 15, 1969, recorded in Volume 1040, Page 466 of the Deed Records of Brazoria County, Texas. General Location: East of Veterans Road, North of Fite Road. City Council Regular Meeting - Nov 21 2022 Public Hearing: Conditional Use Permit Application-CUP 22-24 AIR-22-615-Pdf VI. NEW BUSINESS 1. Consideration and Possible Action - Resolution No. R2022-CUP 22-24 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Convenience Store use in conjunctionwith a proposed Gasoline Station within the Light Industrial (M-1) District on approximately 1.23 acres of land, being 1.23-acre tract of land, being all that certain portion lying east of County Road 143 of that certain 12.987-acre tract (called 13 acres), out of the H.T. & B.R.R. Company Survey, Section 11, Abstract No. 239, Brazoria County, Texas, being the same property conveyed by Luella M. Reid and Brevard R. Knight to Britton Ryan, Jr., and Roy Long by Deed Records dated July 15, 1969, recorded in Volume 1040, Page 466 of the Deed Records of Brazoria County, Texas (located East of Veterans Road, North of Fite Road). Conditional Use Permit Application No CUP22-24, for Convenience Store use in conjunction with a proposed Gasoline Station within the Light Industrial (M-1) District, at the request of TN Associates, Inc., applicant, on behalf of Shahil Maknojia, 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 22-24 AIR-22-617-Pdf VII. PUBLIC HEARING NO. 2 2. Public Hearing - Regarding the abandonment of all public alleys located in Block 7 of the Pearland Townsite plat contained the H.T. & B. RR Sections 1, 2, 3 and 4; an area generally surrounded by N. Grand Blvd., E. Plum Street, N. Park Avenue and Zychlinski Drive. Public Hearing-Abandonment of Public Alley's in Old Townsite AIR-22-596-Pdf VIII. NEW BUSINESS 2. Consideration and Possible Action — First Reading of Ordinance No. 1622 - An Ordinance of the City Council of the City of Pearland, Texas, reserving a public utility easement within public alleys located in Block 7 of the Pearland Townsite Plat, H.T. & B. RR Sections 1, 2, 3 and 4 ("Plat") contained plat records of Brazoria County; an area generally surrounded by N. Grand Blvd., E. Plum Street, N. Park Avenue and Zychlinski Drive, within the corporate city limits of Pearland; and abandoning all public alleys located in Block 7 of the Plat; containing a savings clause and a severability clause; and providing for an effective date. Ordinance Preserving a Public Utility Easement and Abandoning Public Alleys AIR-22-597-Pdf IX. NEW BUSINESS 3. Staff Presentation with City Council Input and Discussion — Background, Impact, and Options related to Corrections to Taxable Value relating to the Adopted FY 23 Budget. City Council Input and Discussion AIR-22-627-Pdf 4. Consideration and Possible Action - Resolution No. R2022-270 - A Resolution of the City Council of the City of Pearland, Texas, approving the City Council Regular Meeting - Nov 21 2022 issuance of the Development Authority of Pearland Tax Increment Contract Revenue Bonds Series 2022; approving a bond resolution, purchase letter, and other documents relating to the bonds; making certain findings and containing other provisions related thereto. Approval of Development Authority of Pearland Series 2022 Bond Documents AIR-22-625-Pdf 5. Consideration and Possible Action - Resolution No. R2022-269 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the defeasance and redemption of certain of the City's Certificates of Obligations Series 2019B (TIRZ related projects); making certain findings and containing other provisions related thereto. Approval of a Defeasance Resolution AIR-22-622- Pdf 6. Consideration and Possible Action — First Reading of Ordinance No. 1623 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas, permanent improvement refunding bonds; setting certain parameters for the bonds; authorizing refunding of certain outstanding obligations; authorizing a pricing officer to approve the amount, the interest rate, price, and terms thereof and certain other procedures. 1st Reading Parameter Ordinance AIR-22-619-Pdf 7. Consideration and Possible Action - Regarding the City Council's engagement of an independent third party to review and prepare a written forensic audit with respect to the role of the parties and processes involved with the City's Fiscal Year 2023 budget process. The third-party firm shall report directly to the City Council with the Audit Committee serving as the direct City contact, and the firm shall not have any prior experience working for or on behalf of the City. The forensic audit shall be produced and distributed to the City Council on or before December 31, 2022. Audit Committee Agenda Request AIR-22-608-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 held on November 7, 2022. Approval of Minutes AIR-22-611 - Pdf B. Consideration and Possible Action - Resolution No. R2022-232 - A Resolution of the City Council of the City of Pearland, Texas, appointing two (2) representatives and two (2) alternates to the Houston-Galveston Area Council ("H-GAC") 2023 General Assembly; and appointing one (1) delegate and one (1) alternate to the HGAC Board of Directors. HGAC AIR-22-512-Pdf C. Consideration and Possible Action - Resolution No. R2022-254 - A City Council Regular Meeting - Nov 21 2022 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 Texas Department of Information Resources (DIR) for the purchase of phone related services from AT&T, in the estimated amount of $144,000.00 for fiscal year 2023. Service Renewal With AT&T AIR-22-554- Pdf D. Consideration and Possible Action - Resolution No. R2022-257 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal agreement with the City of DeSoto for the purchase of EMS Billing Services from EMERGICON, LLC, in the estimated amount of $130,000.00, for the period of January 1, 2023 through December 31, 2023. EMS Billing Services for the Pearland Fire Department AIR-22-576- Pdf E. Consideration and Possible Action - Resolution No. R2022-258 - 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 Fire Department Uniforms, in the estimated amount of $264,082.00, from Got You Covered Work Wear & Uniforms. Fire Department Uniforms AIR-22-585- Pdf F. Consideration and Possible Action - Resolution No. R2022-262 - 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 Sourcewell Purchasing System for the purchase of Fire personal protection equipment ("PPE"), in the amount of $385,567.47, from Municipal Emergency Service. Fire Department Annual Personal Protection Equipment(PPE) Replacement AIR-22-602-Pdf G. Consideration and Possible Action - Resolution No. R2022-263 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply bid for the purchase of office supplies with Staples Advantage, in the estimated amount of $100,000.00, for the period of November 22, 2022 through September 30, 2023. Staples Advantage contract renewal AIR-22-604-Pdf H. Consideration and Possible Action - Resolution No. R2022-264 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with CenterPoint Energy, in the amount of $134,072.00, for the installation and maintenance of streetlights associated with the McHard Road Project. McHard CenterPoint Agreement-Street Lights AIR-22-606-Pdf Consideration and Possible Action - Resolution No. R2022-265 - A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for Project Management Software Services with Aurigo, in the estimated amount of $185,573.00, for the period of December 6, 2022 through December 5, 2023. Project Management Software Renewal AIR-22-605-Pdf J. Consideration and Possible Action - Resolution No. R2022-266 - A Resolution of the City Council of the City of Pearland, Texas, accepting the City Council Regular Meeting - Nov 21 2022 City's Investment Report for the quarter ending September 2022. Quarterly Investment Report-September 2022 AIR-22-607- Pdf K. Consideration and Possible Action - Resolution No. R2022-267 - A Resolution of the City Council of the City of Pearland, Texas, ratifying the City Manager's reappointment of Phil Cessac to Position No.1 of the Civil Service Commission for a 3-year term expiring November 1, 2025. Phil Cessac Reappointment AIR-22-609-Pdf L. Consideration and Possible Action - Resolution No. R2022-268 - A Resolution of the City Council of the City of Pearland, Texas, appointing members to various City Boards and Commissions. Appointment of City Boards and Commissions AIR-22-610- Pdf M. Surface Water Treatment Plant Update. Surface Water Treatment Plant Update AIR-22-240-Pdf Xl. NEW BUSINESS CONTINUED 8. Consideration and Possible Action - Resolution No. R2022-255 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply contract for landscape maintenance services (combined medians, right of way, parks and facilities) with Brightview Landscape, in the estimated amount of $1,617,458.28 for the period of November 29, 2022 through November 28, 2023. Brightview Landscape Renewal AIR-22-560-Pdf 9. Consideration and Possible Action - Resolution No. R2022-259 - A Resolution of the City Council of the City of Pearland, Texas, awarding a installation services contract associated with the McHard Road Fiber Optics Conduit and Cable Installation Project, to TDC2, LLC., in the amount of $960,714.60. Mchard Road Fiber Optics Construction Contract AIR-22-232- Pdf XII. MATTERS REMOVED FROM CONSENT AGENDA XIII. OTHER BUSINESS XIV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION XV. 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 551.074 - Personnel Matters - Discussion regarding the performance and employment of the City Manager. Executive Session-Personnel Matters AIR-22-618-Pdf XVI. NEW BUSINESS CONTINUED 10. Consideration and Possible Action - Regarding the performance and employment of the City Manager. City Council Regular Meeting - Nov 21 2022 Executive Session-Personnel Matters AIR-22-630-Pdf XVII. 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 for November 21, 2022, was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on November 17, 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 City Secretary City Council Regular Meeting - Nov 21 2022 NOTICE OF PUBLIC HEARING ON THE ABANDONMENT OF PUBLIC ALLEYS Notice is hereby given that on the 21st day of November 2022, at 6 30 p m , the City Council of the City of Pearland, Texas, will conduct a Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, to gather public comment and testimony regarding the abandonment of all public alleys located in Block 7 of the Pearland Townsite plat contained the H T & B RR Sections 1, 2, 3 and 4, and generally surrounded by N Grand Blvd , E. Plum Street, N Park Avenue and Zychlinski Drive At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. Frances Aguilar, TRMC, MMC City Secretary 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 city secretary@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 November November 16 221 1 2217 Abandonment of Public Alleys CLASSIFIEDS 281-485-75016REPORTER NEWS, November 16, 2022 LEGALS LEGALSPublished Nov. 9 & 16, 2022 CITY OF PEARLAND, TEXASNOTICE TO BIDDERS Sealed bids will be received by the City of Pearland Purchasing Division, 3523Liberty Dr., until 2:00 PM on Wednesday November 30, 2022, and all bids willbe read aloud via virtual meeting. Interested parties may join meeting by call-ing: #281-652-1775; Meeting: #1790, Access Code: #0971 on that date for: ITB 1122-18 Staffing Study Services Bid forms, specifications and all necessary information may be obtained fromthe following website: https://pearland.ionwave.net. Vendors are encouragedto return the bid response electronically using the City’s e-bid system, but maysubmit by hard-copy, with either manner due by the closing date and time stat-ed above. ANon-Mandatory Pre-Bid Conference will be held at Council Chambers locat-ed at 3519 Liberty Drive, Pearland, Texas 77581 at 2:00 PM on Wednesday,November 17, 2022.See bid solicitation for virtual link option if preferred. Vendors should register on the City’s e-bid systemhttps://pearland.ionwave.net. Once registered on the City’s e-bid system, biddocuments may be viewed on the site. If further assistance is needed, pleaseemail ebids@pearlandtx.gov no later than 5:00 PM Friday, November 18,2022, and refer to RFP 1122-18. Bid Closing Date: 2:00 PM on Wednesday,November 30, 2022. First Publication:November 9, 2022Second Publication:November 16, 2022 Pearland ISD will be accepting Competitive Sealed Proposals for itsProperty and Casualty Insurance coverage.A proposer’s questionnaire maybe accessed through the District’s eBid System athttps://pearlandisd.ionwave.net. Completed Questionnaires must be submittedby 2:00 p.m., November 28, 2022. All proposers will be qualified and insurancecompanies will be assigned. Proposals must be submitted prior to 10:00 a.m.,January 2, 2023. The District’s current coverage expires January 31, 2023. LEGALS LEGALSPublished Nov. 9 & 16, 2022 LEGALS LEGALSPublished Nov. 16, 23 & 30, 2022 LEGALS LEGALS LEGALS LEGALSPublished Nov. 16, 23 & 30, 2022 LEGALS LEGALS LEGALS LEGALSPublished Nov. 16, 2022NOTICE OF PUBLIC HEARINGS REGARDING AREQUEST FOR A ZONE CLASSIFICATION CHANGE FROMCOMMUNITY SHOPPING CENTER (CSC) TO MULTI-FAMILY RESIDENTIALMEDIUM DENSITY (MFR-M) FOR 110 HUNTERS LANE NOTICE is hereby given that the Planning and Zoning Commission and the CityCouncil of the City of Friendswood will each hold a public hearing to give all inter-ested parties the right to appear and express their views on the following item: Azone classification change request to change from Community ShoppingCenter (CSC) to Multi-Family Residential – Medium Density (MFR-M) on theproperty located at 110 Hunters Lane, being 38,596 square feet (.89 acres)out of a 2.7052 acre tract of land in the Sarah McKissick Survey, Abstract151, City of Friendswood, Galveston County, Texas. The Planning and Zoning Commission will hold its public hearing on Thursday,December 8, 2022, in the Council Chamber, located in City Hall, 910 SouthFriendswood Drive, Friendswood, Texas, 77546-4856, at its meeting commenc-ing at 7:00 P.M. The City Council will hold its public hearing on Monday, January 9, 2023, in theCouncil Chamber, located in City Hall, 910 South Friendswood Drive,Friendswood, Texas, 77546-4856, at its meeting commencing at 5:30 P.M. Item documentation is available for review in the City’s Secretary’s Office, 910South Friendswood Drive, Friendswood, Texas 77546-485 during regular busi-ness hours. For questions regarding the details of the documentation and itsrelated public hearing, please contact Aubrey Harbin, Director of CommunityDevelopment/City Planner at 281-996-3280. The City of Friendswood is committed to compliance with the Americans withDisabilities Act. Reasonable accommodations and equal access to communica-tions will be provided upon request. For assistance, please contact the City’sADACoordinator Brian Rouane at 281-996-3285 via phone, 281-482-1634 viafax or contact 281-996-3285 via Relay Texas at 711 or 1-800-735-2988 for TYYservices. For more information concerning Relay Texas, please visithttp://relaytexas.com. /s/ Leticia Brysch, City SecretaryCity of FriendswoodLEGALS LEGALSPublished Nov. 16, 2022NOTICE OF PUBLIC HEARINGS REGARDING AREQUEST FOR A ZONE CLASSIFICATION CHANGE FROM A PLANNEDUNIT DEVELOPMENT (PUD) TO SINGLE FAMILY RESIDENTIAL (SFR) NOTICE is hereby given that the Planning and Zoning Commission and the CityCouncil of the City of Friendswood will each hold a public hearing to give all inter-ested parties the right to appear and express their views on the following item:A zone classification change request to change from Planned UnitDevelopment (PUD) 2017-12 to Single Family Residential (SFR) for a tractlocated on W. Edgewood Drive/FM 2351, being a 4.621-acre tract of land outof Lot Two (2), in Block One (1), of Friendswood, a subdivision out of theSarah McKissick Survey, Abstract 151, in Friendswood, Galveston County,Texas. The Planning and Zoning Commission will hold its public hearing on Thursday,December 8, 2022, in the Council Chamber, located in City Hall, 910 SouthFriendswood Drive, Friendswood, Texas, 77546-4856, at its meeting commenc-ing at 7:00 P.M. The City Council will hold its public hearing on Monday, January 9, 2023, in theCouncil Chamber, located in City Hall, 910 South Friendswood Drive,Friendswood, Texas, 77546-4856, at its meeting commencing at 5:30 P.M. Item documentation is available for review in the City’s Secretary’s Office, 910South Friendswood Drive, Friendswood, Texas 77546-485 during regular busi-ness hours. For questions regarding the details of the documentation and itsrelated public hearing, please contact Aubrey Harbin, Director of CommunityDevelopment/City Planner at 281-996-3280. The City of Friendswood is committed to compliance with the Americans withDisabilities Act. Reasonable accommodations and equal access to communica-tions will be provided upon request. For assistance, please contact the City’sADA Coordinator Brian Rouane at 281-996-3285 via phone, 281-482-1634 viafax or contact 281-996-3285 via Relay Texas at 711 or 1-800-735-2988 for TYYservices. For more information concerning Relay Texas, please visithttp://relaytexas.com. /s/ Leticia Brysch, City SecretaryCity of Friendswood LEGALS LEGALSPublished Nov. 16, 2022 NOTICE OF PUBLIC HEARING ON THE ABANDONMENT OF PUBLIC ALLEYS Notice is hereby given that on the 21st day of November 2022, at 6:30 p.m., theCityCouncil of the City of Pearland, Texas, will conduct a Public Hearing in theCouncilChambers, City Hall, 3519 Liberty Drive, Pearland, Texas, to gatherpublic comment and testimony regarding the abandonment of all public alleyslocated in Block 7 of the Pearland Townsite plat contained the H.T. & B. RRSections 1, 2, 3 and 4; and generally surrounded by N. Grand Blvd., E. PlumStreet, N. Park Avenue and Zychlinski Drive. At said hearing all interested par-ties shall have the right and opportunity to appear and be heard on the subject./s/ Frances Aguilar, TRMC, MMCCity Secretary If you plan to attend this public meeting and you have a disability that requiresspecial arrangements at the meeting, please contact the City Secretary at281.652.1840 or by e-mail at city secretary@pearlandtx.gov. Requests for spe-cial services must be received forty-eight (48) hours prior to the meeting time.Reasonable accommodations will be made to assist your needs.