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2023-02-20 CITY COUNCIL REGULAR MEETING AGENDA s 9 CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 20, 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 Richard Markus, applicant, on behalf of Columns, Inc., owner, for approval of a Conditional Use Permit (CUP) to allow the installation of a one hundred and four-foot (104') tall wireless communications tower on approximately 9.0476 acres of land within the General Commercial (GC) District; to wit: Legal Description: Lot 1, in Block 1, Minor Plat of 1011 Main Addition, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Clerk's File No. 2012009314 of the Official Records of Brazoria County, Texas. General Location: 1013 Main Street, Pearland, TX. Public Hearing: Conditional Use Permit Application-CUP 23-02 AIR-23-078-Pdf City Council Regular Meeting - Feb 20 2023 VI. NEW BUSINESS 1. Consideration and Possible Action - Resolution R2023-CUP 23-02 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow the installation of a hundred and four- foot (104') tall wireless communications tower on approximately 9.0476 acres of land within the General Commercial (GC) District, being Lot 1, in Block 1, Minor Plat of 1011 Main Addition, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Clerk's File No. 2012009314 of the Official Records of Brazoria County, Texas (located at 1013 Main Street, Pearland, TX). Conditional Use Permit Application No CUP23-02, for the installation of a hundred and four-foot (104') tall wireless communications tower within the General Commercial (GC) District, at the request of Richard Markus, applicant, on behalf of Columns, Inc., 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 23-02 AIR-23-083-Pdf VII. 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 Special Meeting held on February 6, 2023, the City Council Workshop Meeting, and the City Council Regular Meeting held on February 13, 2023. Approval of Minutes AIR-23-082- Pdf B. Consideration and Possible Action - Resolution No. R2023-54 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Development Agreement with the Thottumkal Family Trust, for the provision of sanitary sewer service to property located in the City's Extraterritorial Jurisdiction (7514 Fite Road). Development Agreement with Request for Annexation AIR-23-070- Pdf C. Consideration and Possible Action - Resolution No. R2023-32 - A Resolution of the City Council of the City of Pearland, Texas, second amended contract for solid waste collection services with Frontier K2, LLC. Frontier Waste Solutions Contract Amendment AIR-23-033- Pdf D. Consideration and Possible Action - Resolution No. R2023-49 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a Multiple Use Agreement with the State of Texas associated with the sidewalk underpass crossing of FM 2234 (Shadow Creek Parkway). Multi Use Agreement-Shadow Creek Trail Ph 2 AIR-22-532- Pdf E. Consideration and Possible Action - Resolution No. R2023-44 - 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 City Council Regular Meeting - Feb 20 2023 arrangement with Choice Partners for the purchase of generator enclosure heater installation services, in the estimated amount of $152,888.08, from Generosity Services Inc. Standby Generator Enclosure Heaters AIR-23-039-Pdf F. Consideration and Possible Action - Resolution No. R2023-45 - A Resolution of the City Council of the City of Pearland, Texas, awarding an installation services contract for Standby Generator Monitoring Systems to Climatec, LLC, in the estimated amount of$63,000.00. Standby Generator Monitoring System AIR-23-031 -Pdf Vill. NEW BUSINESS CONTINUED 2. Consideration and Possible Action - Resolution No. R2023-12 - A Resolution of the City Council of the City of Pearland, Texas, amending a Construction Manager at Risk contract (Barry Rose Water Reclamation Facility Project) with McCarthy Building Companies in the additional amount of $1,170,857.00 (total contract amount of $2,348,777.00) for pre-construction services. Barry Rose CMAR Amendment AIR-22-678-Pdf 3. Consideration and Possible Action - Resolution No. R2023-53 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Freese and Nichols, Inc., for design services associated with the Barry Rose Water Reclamation Facility Expansion and the Longwood Water Reclamation Facility Decommissioning Projects, in the estimated amount of $13,373,691.00. Barry Rose Design Contract AIR-23-071 -Pdf 4. Consideration and Possible Action - Resolution No. R2023-47 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Cobb Fendley & Associates, Inc., for design services associated with the Sherwood Street Reconstruction Project, in the estimated amount of $782,418.00. Sherwood Street Reconstruction &Waterline Design Contract AIR-22-682- Pdf 5. 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-23-048-Pdf IX. MATTERS REMOVED FROM CONSENT AGENDA X. OTHER BUSINESS XI. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION XII. 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 - Regarding City Boards and City Council Regular Meeting - Feb 20 2023 Commissions. Executive Session-Appointment of City Boards and Commissions AIR-23-086-Pdf Section 551.072- Deliberations Regarding Real Property- Deliberations regarding the Sale, Lease or Exchange of Real Property. Executive Session-Sale, Purchase, Lease or Exchange of Real Property AIR-23-087-Pdf XIII. NEW BUSINESS CONTINUED 6. Consideration and Possible Action - Regarding appointments to the Boards and Commissions. Appointment to the Boards and Commissions AIR-23-090- Pdf XIV. 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 atcitysecretaryCa_pearl andtx.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 Regular Meeting for February 20, 2023, was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on February 16, 2023, 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 TRC, MMC City Secretary City Council Regular Meeting - Feb 20 2023