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2023-09-11 CITY COUNCIL REGULAR MEETING AGENDAThe following will be presented before the City Council Meeting: PROCLAMATIONS Constitution Week - Daughters of the American Revolution CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 11, 2023 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-Tem Joseph Koza, Councilmembers Tony Carbone, Alex Kamkar, Adrian Hernandez, Layni Cade, Jeffrey Barry, Rushi Patel. 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 Jack A. Duran, LDDBlueline, applicant, on behalf of Harmony Public Schools, owner, for approval of a zone change for 20.014 acres of land from Single -Family Residential-1 (R-1) District to General Commercial (GC) District, to wit: Legal Description: Being a tract of land containing 20.014 acres, situated in the H.T. & B.R.R. Co. Survey, Section 9, A-234, Brazoria County, Texas, and City Council Regular Meeting - Sep 11 2023 being a portion of Lots 61 and 62, Section 9 of the Alison Richey Gulf Coast Home Company Part of Suburban Gardens, a subdivision of record in Volume 2, Page 23 in the Plat Records of Brazoria County, Texas, and being all of that certain called 9.990 acres, Lot 61, Section 9 of the Alison Richey Gulf Coast Home Company Part of Suburban Gardens (Tract I) as described in deed to Louis E. Lentz III and Marybeth Porter and the certain called Lot 62 of the Alison Richey Gulf Coast Home Company Part of Suburban Gardens (Tract II) and recorded under County Clerk's File No. 2011015274 in the Official Records of Brazoria County, Texas (O.P.R.B.C.). General Location: 2510 Roy Road, Pearland, Texas. Public Hearing: Zone Change Application - ZONE 23-11 AIR-23-440 - Pdf VI. NEW BUSINESS NO. 1 1. Consideration and Possible Action - First Reading of Ordinance No. 2000M-252 - 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 of land containing 20.014 acres, situated in the H.T. & B.R.R. Co. Survey, Section 9, A-234, Brazoria County, Texas, and being a portion of Lots 61 and 62, Section 9 of the Alison Richey Gulf Coast Home Company Part of Suburban Gardens, a subdivision of record in Volume 2, Page 23 in the Plat Records of Brazoria County, Texas, and being all of that certain called 9.990 acres, Lot 61, Section 9 of the Alison Richey Gulf Coast Home Company Part of Suburban Gardens (Tract I) as described in deed to Louis E. Lentz III and Marybeth Porter and the certain called Lot 62 of the Alison Richey Gulf Coast Home Company Part of Suburban Gardens (Tract II) and recorded under County Clerk's File No. 2011015274 in the Official Records of Brazoria County, Texas (O.P.R.B.C.). (located at 2510 Roy Road, Pearland, Texas). Zone Change Application No. ZONE 23-11, a request by Jack A. Duran, LDDBlueline, applicant, on behalf of Harmony Public Schools, owner, for approval of a zone change from Single -Family Residential-1 (R-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-252 AIR-23-441 - Pdf VII. PUBLIC HEARING NO. 2 2. Public Hearing on Proposed Fiscal Year 2023-2024 Budget Public Hearing on Proposed Fiscal Year 2023-2024 Budget AIR-23-420 - Pdf VIII. NEW BUSINESS NO. 2 2. Consideration and Possible Action — First Reading of Ordinance No. 1631 - An appropriation Ordinance adopting a budget for the fiscal year beginning October 1, 2023, and ending September 30, 2024; pay plans for fiscal year 2024; and, pursuant to Local Government Code, Section 102.007, providing for a separate ratification of the property tax revenue increase reflected in the City Council Regular Meeting - Sep 11 2023 budget. Budget Ordinance First Reading FY24 AIR-23-415 - Pdf 3. Consideration and Possible Action- First Reading of Ordinance No. 1630 - An Ordinance adopting a tax rate of $0.6554 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 2023. First Reading of FY24 Tax Rate AIR-23-416 - Pdf 4. Consideration and Possible Action — First Reading of Ordinance No. 1358-26 - 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 FY24 AIR-23-417 - Pdf 5. Consideration and Possible Action - Resolution No. R2023-216 - A Resolution of the City Council of the City of Pearland, Texas, adopting a Five - Year Capital Improvement Program (2024-2028). FY24-FY28 CIP Resolution AIR-23-387 - Pdf 6. Consideration and Possible Action - Resolution No. R2023-212 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract associated with the Somersetshire Estates Waterline Replacement Project to D. L. Glover Utilities, LLC., in the estimated amount of $657,534.76. Somersetshire Estates Subdivision Waterline Replacement Construction Contract AIR-23-378 - Pdf IX. 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. Consider and Possible Action - Approval of minutes for the City Council Special Meeting held on August 21, 2023 and the City Council and Planning and Zoning Joint Planned Development Workshop and Regular Meeting held on August 28, 2023. Minutes AIR-23-436 - Pdf B. Consideration and Possible Action - Excuse the absence of Councilmember Adrian Hernandez from the August 28, 2023 City Council Regular Meeting. Excuse the absence of Councilmember Adrian Hernandez AIR-23-448 - Pdf C. Consideration and Possible Action - Appointing a member to the Pearland Convention & Visitors Bureau Advisory Board. T IS ITE A E PLLE F THE GE CVB Appointment AIR-23-451 - Pdf City Council Regular Meeting - Sep 11 2023 D. Consideration and Possible Action - Resolution No. R2023-222 - A Resolution of the City Council of the City of Pearland, Texas, nominating a candidate(s) for a position on the board of directors of the Brazoria County Appraisal District. Brazoria County Appraisal District Appointment AIR-23-449 - Pdf E. Consideration and Possible Action - Resolution No. R2023-217 - A Resolution of the City Council of the City of Pearland, Texas, establishing the Council Meeting times and dates for 2024. 2024 City Council Meeting Dates AIR-23-427 - Pdf F. Consideration and Possible Action - Second and Final Reading of Ordinance No. 2000M-249 - 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 3.8452-acre tract of land out of a called 4.846-acre tract out of Lots 63 and 64 of the Allison Richey Gulf Coast Home Company Subdivision of Section 9, H.T. & B.R.R. Co. Survey, Abstract 234, Brazoria County, Texas, according to the map or plat thereof recorded in Volume 2, Page 24 of the Plat Records of Brazoria County, Texas (located at 7029 Broadway Street, Pearland, Texas). Zone Change Application No. ZONE 23-06, a request by Adam Clent, Beacon land Services, applicant, on behalf of PRD Land Development Services, representing BAHAM Interests Limited Partnership, owner, for approval of a zone change from General Business (GB) 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-249 AIR-23-437 - Pdf G. Consideration and Possible Action - Second and Final Reading of Ordinance No. 2000M-250 - 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 1.11-acre tract of land being a residue of Lot 8 of the Allison Richey Gulf Coast Home Company Subdivision of Section 3, H.T. & B.R.R. Co. Survey, Abstract 232, and being a residue of Lot 8 as conveyed to Raymond E. Maness and Wife, Nellie D. Maness by Deed Recorded in Volume 423, Page 465 of the Deed Records of Brazoria County, Texas (located at 2430 South Austin Avenue, Pearland, Texas). Zone Change Application No. ZONE 23-09, a request by Tessie Gurley, applicant, on behalf of Barclay Barnett, owner, for approval of a zone change from Old Town Residential (OT-R) District to Old Town Mixed Use (OT-MU) 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-250 AIR-23-438 - Pdf H. Consideration and Possible Action - Second and Final Reading of Ordinance No. 2000M-251 - 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 City Council Regular Meeting - Sep 11 2023 property; being described as Lot 1, Block 1, Development Plat of Community of Faith Bible Church, a subdivision of 2.0784 acres of land in the City of Pearland, Texas, according to the map or plat recorded in County Clerk's File No. 2019012786 in the Plat Records of Brazoria County, Texas (located at 3888 Pearland Parkway, Pearland, Texas). Zone Change Application No. ZONE 23-10, a request by Joshua McGinn, applicant, on behalf of Renee McGuire, owner, for approval of a zone change from Single -Family Residential-2 (R-2) District to Neighborhood Services (NS) 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-251 AIR-23-439 - Pdf Consideration and Possible Action - Resolution No. R2023-215 - 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, 2023 to September 30, 2024. Overhead door services for city Facilities AIR-23-382 - Pdf J. Consideration and Possible Action - Resolution No. R2023-211 - A Resolution of the City Council of the City of Pearland, Texas, awarding a contract associated with Natatorium Air Handler Replacement Project to Carrier DSO Houston, in the amount of $314,950.00. Natatorium Air Handling Replacement -Chillers AIR-23-380 - Pdf K. Consideration and Possible Action - Resolution No. R2023-214 - 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 3-year pricing arrangement (1 year with 2 renewals) with the Buyboard for the purchase of auto parts, in the annual estimated amount of $200,000.00, from A -Line Auto Parts for the period of September 12, 2023 through September 11, 2024. Automotive Parts for City Vehicles Contract AIR-23-392 - Pdf L. Consideration and Possible Action- Resolution No. R2023-201 - A Resolution of the City Council of the City of Pearland, Texas, awarding a sole purchase of service filters and assemblies to support the JHEC Water Reclamation Facility to Aqua -Aerobic Systems, Inc., in the estimated amount of $150,000.00. Aqua - Aerobic Systems Inc contract JHEC filters AIR-23-405 - Pdf M. Consideration and Possible Action - Resolution No. R2023-208 - A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in a 3-year interlocal cooperative pricing arrangement (1-year term with 2 renewals) with the Buyboard Purchasing System for the purchase of Fire Department Uniforms, in the annual estimated amount of $264,082.00, from Got You Covered Work Wear & Uniforms for the period of November 1, 2023 through October 31, 2024. Fire Department Uniforms AIR-23-409 - Pdf N. Consideration and Possible Action - Resolution No. R2023-221 - A City Council Regular Meeting - Sep 11 2023 Resolution of the City Council of the City of Pearland, Texas, renewing a kennel cleaning services 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 September 15, 2023 through September 14, 2024. Kennel Cleaning Contract Renewal AIR-23-430 - Pdf X. MATTERS REMOVED FROM CONSENT AGENDA Xl. OTHER BUSINESS XII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION Council Discussion- Regarding Garage Sale Permit Fee Updates Mayor/Council Issues- Garage Sale Permit Fee Updates AIR-23-425 - Pdf XIII. 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 - Deliberation regarding ratification of the City Manager's appointment of a Director of Community Development. Executive Session- Personnel Matters AIR-23-435 - Pdf XIV. NEW BUSINESS CONTINUED 7. Consideration and Possible Action - Regarding ratification of the City Manager's appointment of a Director of Community Development. Executive Session- Personnel Matters AIR-23-455 - 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 to the City's website, https://www.pearlandtx.gov, in compliance with Chapter 551, Texas Government Code. This said Notice was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on September 7, 2023 by 6:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. Frcc- .c e A cut Frances Aguilar TRMC, MMC City Secretary City Council Regular Meeting - Sep 11 2023 CITY OF PEARLAND, TEXAS NOTICE OF PUBLIC HEARING PROPOSED FISCAL YEAR 2023-2024 BUDGET The City Council of the City of Pearland, Texas will conduct a Public Hearing on the proposed fiscal year 2023-2024 budget on September 11 , 2023 The Public Hearing will be conducted at 6 30 PM in the City Council Chambers located at 3519 Liberty Drive, Pearland, TX 77581 This budget will raise more total property taxes than last year's budget by $5,674,044 and 7.9%, and of that amount, $1 ,100,408 is tax revenue to be raised from new property added to the tax roll this year. At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject