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2023-11-27 CITY COUNCIL REGULAR MEETING AGENDA KK CITY COUNCIL REGULAR MEETING AGENDA MONDAY, NOVEMBER 27, 2023 6:30 P.M. 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 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- Regarding the creation of a Reinvestment Zone at 8720 Industrial Drive. Public Hearing-Reinvestment Zone(BrasklAIR-23-603-Pdf VI. NEW BUSINESS NO. 1 1. Consideration and Possible Action — First Reading of Ordinance No. 1632 - An Ordinance of the City Council of the City of Pearland, Texas, finding that the City has established Guidelines and Criteria for Granting Tax Abatement pursuant to Resolution No. R2023-85; designating and describing a Reinvestment Zone (to be known as Reinvestment Zone #30) generally located at the intersection of Industrial Drive and SH35, in accordance with the Property Redevelopment and Tax Abatement Act; finding that the City Council Regular Meeting - November 27, 2023 improvements sought are feasible and practical and would be a benefit to the land to be included in the zone and the municipality after the expiration of the Tax Abatement Agreement; authorizing the City Manager to sign tax abatement agree-ments when approved by the City Council; having a savings clause and a severability clause; and an effective date. Ordinance Creating Reinvestment Zone AIR-23-604-Pdf VII. PUBLIC HEARING NO. 2 2. Public Hearing: A request by Boos Development Group, represented by Jag Sekhon, applicant, on behalf of BE FM 518 Realty LTD., owner, for approval of a Conditional Use Permit (CUP) to allow Auto Wash use, within the General Business (GB) District, on approximately 1.2085 acres of land, to wit: Legal Description: A 1.2085-acre tract of land located in the H.T. & B.R.R. Company Survey, Section 21, Abstract No. 309, Brazoria County, Texas, being out of and a portion of Lot 1, Block 1 of Final Plat Sunrise Flats according to the map or plat thereof recorded in Brazoria County Clerk's File No. 2023043651, and being out of and a part of that certain tract of land conveyed to BE FM 518 Realty LTD. recorded in Brazoria County Clerk's File No. 2022049189. General Location: Southeast Corner of Broadway Street & Smith Road. Public Hearing: Conditional Use Permit Application CUP23-19 AIR-23-625- Pdf Vill. NEW BUSINESS NO. 2 2. Consideration and Possible Action - Resolution No. R2023-CUP23-19 - 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, to accommodate an auto wash facility, on approximately 1.2085 acres of land, being described as a 1.2085-acre tract of land located in the H.T. & B.R.R. Company Survey, Section 21, Abstract No. 309, Brazoria County, Texas, being out of and a portion of Lot 1, Block 1 of Final Plat Sunrise Flats according to the map or plat thereof recorded in Brazoria County Clerk's File No. 2023043651, and being out of and a part of that certain tract of land conveyed to BE FM 518 Realty LTD. recorded in Brazoria County Clerk's File No. 2022049189 (located Southeast Corner of Broadway Street & Smith Road). Conditional Use Permit Application No CUP23-19, for Auto Wash use, within the General Business (GB) District, at the request of Boos Development Group, represented by Jag Sekhon, applicant, on behalf of BE FM 518 Realty LTD., owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Consideration and Possible Action: Conditional Use Permit Application CUP23-19 AIR-23-626- Pdf IX. PUBLIC HEARING NO. 3 3. Public Hearing: A request by Duplantis Design Group, PC, represented by Sydney Rich, applicant, on behalf of BW Shadow Creek LLC., owner, for City Council Regular Meeting - November 27, 2023 approval of a Conditional Use Permit (CUP) for Auto Repair (Minor) use on approximately 0.7308 acres of land within the Commercial District of the Shadow Creek Ranch Planned Unit Development (PUD), to wit: Legal Description: A tract containing 0.7308 acres of land, situated in the J.W. Maxcy Survey, Abstract No. 675, Brazoria County, Texas, being a residue of lot "D" conveyed to BW Shadow Creek, LLC. as recorded under Brazoria County Clerk's File (B.C.C.F.) No. 2017042317, also being out of Lot "D", Shadow Creek Ranch Commercial Site No. 18B, map or plat thereof as recorded under Brazoria County Plat Records (B.C.P.R.) No. 2007035195. General Location: 11219 Shadow Creek Parkway, Pearland, TX. Public Hearing: Conditional Use Permit Application CUP23-20 AIR-23-627- Pdf X. NEW BUSINESS NO. 3 3. Consideration and Possible Action - Resolution No. R2023-CUP23-20 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Auto Repair (Minor) use, within the Commercial District of the Shadow Creek Ranch Planned Unit Development (PUD), to accommodate an auto repair minor facility, on approximately 0.7308 acres of land, being described as a tract containing 0.7308 acres of land, situated in the J.W. Maxcy Survey, Abstract No. 675, Brazoria County, Texas, being a residue of lot "D" conveyed to BW Shadow Creek, LLC. as recorded under Brazoria County Clerk's File (B.C.C.F.) No. 2017042317, also being out of Lot "D", Shadow Creek Ranch Commercial Site No. 18B, map or plat thereof as recorded under Brazoria County Plat Records (B.C.P.R.) No. 2007035195 (located at 11219 Shadow Creek Parkway, Pearland, TX). Conditional Use Permit Application No CUP23-20, for Auto Repair (Minor) use, within the Commercial District of the Shadow Creek Ranch Planned Unit Development (PUD), at the request of Duplantis Design Group, PC, represented by Sydney Rich, applicant, on behalf of BW Shadow Creek LLC., owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Consideration and Possible Action: Conditional Use Permit Application CUP23-20 AIR-23-628- Pdf XI. 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 - Resolution No. R2023-285 - A Resolution and Order of the City Council of the City of Pearland, Texas, casting votes for candidates for the Fort Bend County Appraisal District Board of Directors for the 2024-2025 term. FBCAD Board of Directors Appointment AIR-23-598-Pdf City Council Regular Meeting - November 27, 2023 B. Consideration and Possible Action - Resolution No. R2023-287 - A Resolution and Order of the City Council of the City of Pearland, Texas, casting votes for candidates for the Harris County Appraisal District Board of Directors for the 2024-2025 term. HCAD Board of Directors Appointment AIR-23-632-Pdf C. Consideration and Possible Action - Resolution No. R2023-288 - A Resolution of the City Council of the City of Pearland, Texas, ("CITY") denying the Statement of Intent to change rates filed on or about October 30, 2023 by CenterPoint Energy Resources Corporation, d/b/a, CenterPoint Energy Entex and CenterPoint Energy Texas Gas; authorizing continued participation in the Texas Coast Utilities Coalition of Cities; authorizing intervention in proceedings related to CenterPoint's Statement of Intent; requiring the reimbursement of municipal rate case expenses; authorizing representation of the City by Special Counsel; finding that the meeting complies with the Open Meetings Act; making other findings and provisions related to the subject. C-Point Gas Rate Case AIR-23-601 - Pdf D. Consideration and Possible Action - Resolution No. R2023-283 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional services contract with Garver, LLC, associated with the Dixie Farm Road North Regional Lift Station Rehabilitation Project, in the amount of $264,228.00. Dixie Farm North Regional Lift Station Rehabilitation Project AIR-23-379- Pdf E. Consideration and Possible Action - Resolution No. R2023-282 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager to participate in an interlocal pricing arrangement with Buyboard for the purchase of Fire Department medical supplies in the estimated amount of $140,000, from Bound Tree Medical for the period of November 23, 2023 through November 22, 2024. Fire Department Medical Supplies AIR-23-567-Pdf F. Consideration and Possible Action - Resolution No. R2023-296 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager to participate in an interlocal pricing arrangement with Buyboard for the purchase of Fire Department medical supplies in the estimated amount of$140,000, from Life-Assist, Inc. for the period of November 23, 2023 through November 22, 2024. Fire Department Medical Supplies AIR-23-622-Pdf G. Consideration and Possible Action - Resolution No. R2023-292 - A Resolution of the City Council of the City of Pearland, Texas, extending a vehicle repair contract with International Paint and Body of Pearland and ratifying expenditures, in the estimated amount of $300,000.00, for the period of June 15, 2023 through June 14, 2024. Contract for International Paint and Body AIR-23-616-Pdf H. Consideration and Possible Action - Resolution No. R2023-290 - A Resolution of the City Council of the City of Pearland, Texas, awarding a 5- year contract (1-year with 4 renewals) for Automated License Plate Reader Software and Hardware Maintenance Services, with Flock Safety, Inc., in the City Council Regular Meeting - November 27, 2023 estimated amount of$77,500.00. Flock renewal AIR-23-617- Pdf XII. NEW BUSINESS CONTINUED 4. Consideration and Possible Action - Resolution No. R2023-294 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract associated with the Elevated and Ground Storage Water Tank Rehabilitation Project (Cullen EST, Southeast EST and Magnolia GST), to CTEX Construction Services, in the amount of $1,776,875.00. Cullen EST Rehab and SE (Bailey) EST and Magnolia GST Rehab Contract Award AIR-23-489- Pdf 5. Consideration and Possible Action — First Reading of Ordinance No. 532- 9 - An Ordinance of the City Council of the City of Pearland, Texas, amending 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-23-580-Pdf 6. Consideration and Possible Action — First Reading of Ordinance No. 1631-1 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1631, the 2023-2024 Annual Budget Ordinance, to facilitate the changes identified herein; providing a savings clause, a severa-bility clause, a repealer clause, and an effective date. Budget Amendment No. 1 AIR-23-582-Pdf XIII. MATTERS REMOVED FROM CONSENT AGENDA XIV. OTHER BUSINESS XV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION XVI. 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 551.071- Consultation with City Attorney - Potential participation in class action litigation. Executive Session- Potential Litigation AIR-23-620-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(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. City Council Regular Meeting - November 27, 2023 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 was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on November 22, 2023 by 5:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. Fri 'w Frances Aguilar TRMC, MMC City Secretary City Council Regular Meeting - November 27, 2023 M� t CITY OF PEARLAND, TEXAS NOTICE OF PUBLIC HEARING CREATION OF A REINVESTMENT ZONE Notice is hereby given that on the 27th day of November 2023, 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 creation of a reinvestment zone in accordance with Section 312,201 of the Tax Code and the City's Guidelines for Granting for Granting Tax Abatements. At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. 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 sscrtrint .g-oar. 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. Frances Aguilar, TRMC, MMC City Secretary