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2023-03-27 CITY COUNCIL REGULAR MEETING AGENDA Developmental Disabilities Awareness Month Proclamation CITY COUNCIL REGULAR MEETING AGENDA MONDAY, MARCH 27, 2023 6:30 PM PEARLAND CITY HALL ICOUNCIL 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 Katherine Beckett, HDR Inc, applicant, on behalf of Healgen Scientific LLC., owner, for approval of a zone change from Light Industrial (M-1) District to Planned Development (PD) District, incorporating approximately 6.4566 acres of land into the LNR Clear Creek Planned Development and including proposed deviations to PD regulations associated with the subject property, to wit: Legal Description: 6.4566 acres of land out of the James Hamilton Survey, Abstract No. 876 in Harris County, Texas, same being part of Lots 13'/2 and 20 of Block F of Allison-Richey Gulf Coast Home Company Suburban Gardens Subdivision, the plat of which is recorded in Volume 3, Page 40 of the Harris County Map Records. City Council Regular Meeting - Mar 27 2023 General Location: Southwest Corner of Sam Houston Parkway West and Hooper Road. Public Hearing:Zone Change Application-ZONE 22-32 AIR-23-136- Pdf VI. NEW BUSINESS 1. Consideration and Possible Action - First Reading of Ordinance No. 2000M-247 - 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 described as 6.4566 acres of land out of the James Hamilton Survey, Abstract No. 876 in Harris County, Texas, same being part of Lots 13%2 and 20 of Block F of Allison-Richey Gulf Coast Home Company Suburban Gardens Subdivision, the plat of which is recorded in Volume 3, Page 40 of the Harris County Map Records (located at the southwest corner of Sam Houston Parkway West and Hooper Road). Zone Change Application No. ZONE 22- 32, a request by Katherine Beckett, HDR Inc, applicant, on behalf of Healgen Scientific LLC., owner, for approval of a zone change from Light Industrial (M- 1) District to Planned Development (PD) District, incorporating approximately 6.4566 acres of land into the LNR Clear Creek Planned Development and including proposed deviations to PD regulations associated with the subject property; 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-247 AIR-23-137- Pdf VII. PUBLIC HEARING NO. 2 2. Public Hearing: A request by Harrell Architects, LP, applicant, on behalf of Kevin Caplan representing Pearland Senior Living, LTD, owner, for approval of a Conditional Use Permit (CUP) to allow for the expansion of an assisted living facility on approximately 1.372 acres of land within the Province Village Planned Development (PD) District; to wit: Legal Description: Lot "B1", in Block 1, Amending Plat No. 3 Province Village Drive Office Park and Reserves, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Clerk's File No. 2019027139 of the Official Records of Brazoria County, Texas. General Location: 2900 Province Village Drive, Pearland, TX. Public Hearing: Conditional Use Permit Application: CUP 23-05 AIR-23-138-Pdf Vill. NEW BUSINESS 2. Consideration and Possible Action - Resolution R2023-CUP 23-05 -A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for the expansion of an Assisted Living use within the Province Village Planned Development (PD) District on approximately 1.372 acres of land, being described as Lot "B1", in Block 1, City Council Regular Meeting - Mar 27 2023 Amending Plat No. 3 Province Village Drive Office Park and Reserves, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Clerk's File No. 2019027139 of the Official Records of Brazoria County, Texas (located at 2900 Province Village Drive, Pearland, TX). Conditional Use Permit Application No CUP23-05, for Assisted Living use within the Province Village Planned Development (PD) District, at the request of Harrell Architects, LP, applicant, on behalf of Kevin Caplan representing Pearland Senior Living, 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 R2023-CUP 23-05 AIR-23-139-Pdf IX. PUBLIC HEARING NO. 3 3. Public Hearing: A request by Adil Zahir, applicant, on behalf of Riyaz Maknojia representing Fondren Real Estate, LLC, owner, for approval of a Conditional Use Permit (CUP) for Gasoline Station (With or Without Auto Wash—Self Service) use within the General Commercial (GC) District, to accommodate a fueling station associated with a proposed convenience store and retail shop, on approximately 2.3973 acres of land, to wit: Legal Description: Being 2.3973 acres of land situated in the R.B. Lyle Survey, Abstract No. 543, City of Pearland, Brazoria County, Texas, being a portion of that certain called 13.3897 acres of land described in deed and recorded in the Official Public Records of Real Property in Brazoria County, Texas, under County Clerk's File No. 2021009685, also being a portion of that certain Tract 56, Section 4 of W. Zychlinski Subdivision, a subdivision as shown on map or plat recorded under Volume 29, Page 43 of the Deed Records of Brazoria County, Texas. General Location: Northwest Corner of Mykawa Road and the Future Extension of McHard Road. Public Hearing: Conditional Use Permit Application-CUP 23-06 AIR-23-140-Pdf X. NEW BUSINESS 3. Consideration and Possible Action - Resolution R2023-CUP 23-06 -A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Gasoline Station use within the General Commercial (GC) District, to accommodate a fueling station associated with a proposed convenience store and retail shop, on 2.3973 acres of land situated in the R.B. Lyle Survey, Abstract No. 543, City of Pearland, Brazoria County, Texas, being a portion of that certain called 13.3897 acres of land described in deed and recorded in the Official Public Records of Real Property in Brazoria County, Texas, under County Clerk's File No. 2021009685, also being a portion of that certain Tract 56, Section 4 of W. Zychlinski Subdivision, a subdivision as shown on map or plat recorded under Volume 29, Page 43 of the Deed Records of Brazoria County, Texas (located at the northwest corner of Mykawa Road and the Future Extension of McHard Road). Conditional Use Permit Application No CUP23-06, for Gasoline Station use within the General Commercial (GC) District, at the request of Adil Zahir, applicant, on behalf of Riyaz Maknojia representing Fondren Real Estate, LLC, City Council Regular Meeting - Mar 27 2023 owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Consideration and Possible Action- Resolution R2023-CUP 23-06 AIR-23-141 -Pdf XI. PUBLIC HEARING NO. 4 4. Purpose Of Hearing — To Consider an Amendment of the Land Use Assumptions and Capital Improvements Plan and the Imposition of Water And Sewer Impact Fees In The City Limits. Impact Fee Presentation Public Hearing AIR-23-084-Pdf XII. NEW BUSINESS 4. Consideration and Possible Action — First Reading of Ordinance No. 1625 - An Ordinance of the City Council of the City of Pearland, Texas, revising the Capital Improvements Plan for the City of Pearland; updating impact fees in accordance with State Law; making certain findings; providing a penalty for violation; containing a savings clause, a severability clause and a repealer clause; providing for publication, codification and an effective date. 2023 Impact Fee Ordinance AIR-23-059-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 Regular Meeting held on March 6, 2023 and the Comprehensive CIP Budget Workshop held on March 20, 2023. Approval of Minutes AIR-23-121 - Pdf B. Consideration and Possible Action - Resolution No. R2023-81 - A Resolution of the City Council of the City of Pearland, Texas, ratifying the City Manager's appointment of Patrick Lopez to Position No. 2 of the Civil Service Commission for the remainder of the term expiring October 31, 2023. Civil Service Commission Appointment AIR-23-128-Pdf C. Consideration and Possible Action - Resolution No. R2023-75 - A Resolution of the City Council of the City of Pearland, Texas, accepting the City's Investment Report for the quarter ending December 2022. Quarterly Investment Report- December 2022 AIR-23-112- Pdf D. Consideration and Possible Action - Resolution No. R2023-70 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Interlocal Agreement, for the cooperative purchase of goods and services, with the City of Quinlan, Texas. City of Quinlan Interlocal Agreement AIR-23-117-Pdf E. Consideration and Possible Action — Second & Final Reading of Ordinance No. 1624 - An Ordinance of the City Council of the City of City Council Regular Meeting - Mar 27 2023 Pearland, Texas, authorizing the issuance of City of Pearland, Texas, permanent improvement refunding bonds in one or more series; 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 and provisions relating thereto. Refunding of Bonds-2nd reading AIR-23-127-Pdf F. Consideration and Possible Action - Resolution No. R2023-57- 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 (West Pearland Library Teaching Theater), for the purchase of Video Conferencing Equipment, in the estimated amount of$75,725.93, from Data Vox, Inc. West Pearland Library Datavox Amendment AIR-22-679-Pdf G. Consideration and Possible Action - Resolution No. R2023-71 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Leaf Engineers, for design services associated with the Country Place and Garden Road Water Well Generator Project, in the estimated amount of$111,308.00. Country Place Water Well Generator and Garden Water Well Generator Design Contract AIR- 23-100-Pdf H. Consideration and Possible Action - Resolution No. R2023-68 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with 65th North Group, for internal control and vulnerability assessment services, in the estimated amount of$96,090.00. 65th North Group Contract AIR-23-105-Pdf I. Consideration and Possible Action - Resolution No. R2023-69 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with Infrastructure Management Services, associated with roadway data collection services, in the estimated amount of $353,130.00. Roadway Condition Assessment AIR-22-637-Pdf J. Consideration and Possible Action - Resolution No. R2023-78 - A Resolution of the City Council of the City of Pearland, Texas, amending a supply contract for tree maintenance services with Advanced Landscape Solutions, LLC, in the additional amount of $153,225.00 (total amount of $388,225.00) for the period of December 15, 2022 through December 14, 2023. Tree Maintenance Services AIR-23-120-Pdf XIV. NEW BUSINESS CONTINUED 5. Consideration and Possible Action- R2023-76 - A Resolution of the City Council of the City of Pearland, Texas, adopting the City of Pearland Strategic Priorities promulgated during the City's 2023 Strategic Planning Retreat. City Council Strategic Priorities AIR-23-125-Pdf 6. Consideration and Possible Action — First Reading of Ordinance No. 527- 8 - An Ordinance of the City Council of the City of Pearland, Texas, amending City Council Regular Meeting - Mar 27 2023 Ordinance No. 532, the Flood Damage Prevention Ordinance; providing a penalty for violation; having a savings clause, a repealer clause, a severability clause; providing for publication and an effective date. Flood Damage Prevention Ordinance AIR-23-122-Pdf 7. Consideration and Possible Action - Resolution No. R2023-80 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract (Old Town Site and Barry Rose Sanitary Sewer Rehabilitation) to Texas Pride Utilities, LLC., in the amount of$2,880,121.00. Sanitary Sewer(Old Town)& Barry Rose Construction Contract AIR-23-101 -Pdf 8. Staff Presentation with City Council Input and Discussion — Background, impact, and options related to corrections to taxable value relating to the Adopted FY23 Budget and future FY24 Budget. City Council Input and Discussion AIR-23-135-Pdf XV. MATTERS REMOVED FROM CONSENT AGENDA XVI. OTHER BUSINESS XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION 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: Section 551.072- Deliberations regarding the Sale, Purchase, Lease or Exchange of Real Property. Executive Session-Sale, Purchase, Lease or Exchange of Real Property AIR-23-130-Pdf XIX. 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(a)-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.peariandtx.gov, in compliance with Chapter 551, Texas Government Code. This said Notice of the City of Pearland City Council Meeting for March 27, 2023 was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on Friday, March 24, 2023, by 5:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. City Council Regular Meeting - Mar 27 2023 Fri 'w Frances,Aguilar TRMC, MMC City Secretary City Council Regular Meeting - Mar 27 2023 NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES NOTICE IS HEREBY GIVEN THATA PUBLIC HEARING OF THE CITY COUN- CIL OF THE CITY OF PEARLAND, TEXAS WILL BE HELD ON MONDAY, THE 27TH DAY OF MARCH 2023, 6:30 PM IN THE COUNCIL CHAMBERS AT CITY HALL, 3519 LIBERTY DRIVE, PEARLAND TEXAS AT WHICH TIME THE CITY COUNCIL WILL RECEIVE PUBLIC COMMENTS ON THE FOLLOWING ITEM: NOTICE OFA PUBLIC HEARING ON AN AMENDMENT OF IMPACT FEE, THE PURPOSE OF WHICH IS TO CONSIDER THE AMENDMENT OF LAND USE ASSUMPTIONS AND A CAPITAL IMPROVEMENTS PLAN AND THE IMPOSI- TION OF AN IMPACT FEE ANY MEMBER OF THE PUBLIC HAS THE RIGHT TO APPEAR AT THE HEAR- ING AND PRESENT EVIDENCE FOR OR AGAINST THE UPDATE DATED THIS 22"° DAY OF FEBRUARY 2023, FRANCES AGUILAR, TRMC, MMC, CITY SECRETARY THE SITE IS ACCESSIBLE TO DISABLED INDIVIDUALS, FOR SPECIAL ASSISTANCE, PLEASE CALL FRANCES AGUILAR AT (281) 652-1653, PRIOR TO THE MEETING SO THAT APPROPRIATE ARRANGEMENTS CAN BE MADE,