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2024-03-25 City Council Regular Meeting Agenda CITY COUNCIL REGULAR MEETING AGENDA MONDAY, MARCH 25, 2024 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, Mona Chavarria, Adrian Hernandez, Layni Cade, Chad Thumann, 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 Kurt Attaway, applicant, on behalf of Vineyard Christian Fellowship of Pearland, owner, for approval of a Conditional Use Permit (CUP) for the expansion of a Church use within the Neighborhood Service (NS) District, on approximately 4.747 acres of land, to wit: Legal Description: Lot 1, in Block 1, Minor Plat of Vineyard Christian Fellowship of Pearland, Inc., a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in County Clerk's File No. 2014043218 in the Plat Records of Brazoria County, Texas. General Location: 2905 Harkey Road, Pearland, Texas. Public Hearing: Conditional Use Permit Application CUP24-07 AIR-24-109-Pdf City Council Regular Meeting - Mar 25 2024 VI. NEW BUSINESS NO. 1 1. Consideration and Possible Action - Resolution No. R2024-CUP24-07 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for expansion of a Church use, within the Neighborhood Service (NS) District, to accommodate an expansion of an existing Church, on approximately 4.747 acres of land, being Lot 1, in Block 1, Minor Plat of Vineyard Christian Fellowship of Pearland, Inc., a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in County Clerk's File No. 2014043218 in the Plat Records of Brazoria County, Texas (located at 2905 Harkey Road, Pearland, TX). Conditional Use Permit Application No CUP24-07, for expansion of a Church use, within the Neighborhood Service (NS) District, at the request of Kurt Attaway, applicant, on behalf of Vineyard Christian Fellowship of Pearland, 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 CUP24-07 AIR-24-110- 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 - Approve the minutes of the Pearland City Council Strategic Planning Workshop of February 23, 2024, Strategic Planning Retreat of February 24, 2024; Special Meeting of February 26, 2024; Regular Meeting of February 26, 2024, and Regular Meeting of March 4, 2024. Approval of Minutes AIR-24-085- Pdf B. Consideration and Possible Action - Excuse the absence of Councilmember Rushi Patel from the March 4, 2024 City Council Regular Meeting. Excuse the absence of Councilmember Rushi Patel AIR-24-115- Pdf C. Consideration and Possible Action - Resolution No. R2024-43 - A Resolution of the City Council of the City of Pearland, Texas, approving Special Event Permit No. EVNT24-00019 to host the City's Celebration of Freedom Event (July 4, 2024 through 2028). Celebration of Freedom Multi-Year Special Event Permit AIR-24-079- Pdf D. Consideration and Possible Action - Resolution No. R2024-44 - A Resolution of the City Council of the City of Pearland, Texas, approving Special Event Permit No. EVNT23-00061, to host the City's Spring Fest Event (April 2024 through April 2028). Spring Fest Multi-Year Special Event Permit AIR-24-080-Pdf E. Consideration and Possible Action - Resolution No. R2012-168-4 - A Resolution of the City Council of the City of Pearland, Texas, amending R2012-168-3 as it applies to Section 2, Membership Criteria for the Convention City Council Regular Meeting - Mar 25 2024 and Visitors Bureau Advisory Board. Amend Resolution No. R2012-168-4 AIR-24-054-Pdf F. Consideration and Possible Action - Resolution No. R2024-42 - 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 with the Texas Department of Public Safety associated with the implementation of an automated Failure to Appear ("FTA") system. Interlocal Agreement with Texas Department of Public Safety Failure to Appear Program AIR-24- 078- Pdf G. Consideration and Possible Action - Resolution No. R2024-7 - A Resolution of the City Council of the City of Pearland, Texas, amending an Advanced Funding Agreement, as part of the Surface Transportation Block Grant — Metro Mobility Program and Local Government with the Texas Department of Transportation associated with the Mykawa Road Widening Project (FM 518 to BW8). Mykawa Road Widening AFA Amendment AIR-23-386-Pdf H. Consideration and Possible Action - Resolution No. R2024-50 - A Resolution of the City Council of the City of Pearland, Texas, authorizing an Advanced Funding Agreement with the State of Texas, in the amount of $8,378,200.00, for the right-of-way acquisition and construction costs associated with the Mykawa Road Widening Project (FM 518 to BW8). Mykawa Road Widening AFA for Right of Way Acquisition and Construction AIR-24-093-Pdf I. Consideration and Possible Action - Resolution No. R2024-41 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a Local On-System Agreement ("LOSA") with the Texas Department of Transportation ("TxDOT"), associated with intersection improvements at Pearland Parkway and FM 518. LOSA- Intersection Improvements at Pearland Parkway AIR-24-065- Pdf J. Consideration and Possible Action - Resolution No. R2024-CUP23-06-1 - A Resolution of the City Council of the City of Pearland, Texas, approving an extension to R2023-CUP23-06 that allows for Gasoline Station use within the General Commercial (GC) District, on approximately 2.3973 acres of land, 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 (located at Northwest Corner of Mykawa Road and McHard Road, Pearland, Texas). Consideration and Possible Action- Resolution No. R2024-CUP23-06-1 AIR-24-113-Pdf K. Consideration and Possible Action - Resolution No. R2024-38 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a 3rd Extension of an Industrial District Agreement with Denbury Resources, Inc. Industrial District Agreement- Denbury Onshore/Resources, Inc. AIR-24-067- Pdf City Council Regular Meeting - Mar 25 2024 L. Consideration and Possible Action - Resolution No. R2024-53 - A Resolution of the City Council of the City of Pearland, Texas, approving participation in the Office of the Governor, Criminal Justice Division, FY 2025 Victim Assistance, First Responder Mental Health Program; Grant Number: 48360-02, in the total amount of$98,023.00. VOCA(Victims of Crime Act)Grant Application- First Responder Mental Health Program AIR- 24-095-Pdf M. Consideration and Possible Action - Resolution No. R2024-52 - A Resolution of the City Council of the City of Pearland, Texas, approving participation in the Office of the Governor, Criminal Justice Division, FY 2025 Victim Assistance, General Victim Assistance Direct Services Program (VOCA); Grant Number 23623-12, in the total amount of$169,580.00. VOCA(Victims of Crime Act)Grant Application-Crime Victim Assistance Program AIR-24-096- Pdf N. Consideration and Possible Action - Resolution No. R2024-55 - A Resolution of the City Council of the City of Pearland, Texas, approving participation in the Harris County Precinct 2 Partnership Project, requesting $4,141,950.00 towards the total estimated cost of $8,283,900.00 for the Clear Creek Recreational Trails Segment No. 5 Project in Pearland, Harris County, Texas. Harris County Precinct 2-Partnership Projects 2024: Grant Application Clear Creek Trail Segment 5 AIR-24-097-Pdf O. Consideration and Possible Action - Resolution No. R2024-56 - A Resolution of the City Council of the City of Pearland, Texas, approving participation in the Harris County Precinct 2 Partnership Project, requesting $1,925,000.00 towards the total estimated cost of $6,635,000.00 for Transite Waterline Replacement in Green Tee Subdivision, located in Pearland, Harris County, Texas. Harris County Precinct 2-Partnership Protects 2024: Grant Application Green Tee Transite Waterline Replacements AIR-24-098- Pdf P. Consideration and Possible Action - Resolution No. R2024-54 - A Resolution of the City Council of the City of Pearland, Texas, approving participation in the Harris County Precinct 2 Partnership Project, requesting $1,710,000.00 towards the total estimated cost of $3,420,000.00 for improvements to the Riverstone Ranch Regional Lift Station, located in Pearland, Harris County, Texas. Harris County Precinct 2-Partnership Projects 2024: Grant Application Riverstone Ranch Lift Station Improvements AIR-24-099- Pdf Q. Consideration and Possible Action - Resolution No. R2024-57 - A Resolution of the City Council of the City of Pearland, Texas, approving participation in the Harris County Precinct 2 Partnership Project, requesting $400,000.00 towards the total estimated cost of $800,000.00 for the rehabilitation and erosion repairs to the Pearland Parkway Bridge, located in Harris County, Texas. Harris County Precinct 2-Partnership Protects 2024: Grant Application Pearland Parkway Bridge Shaft Rehabilitation AIR-24-100- Pdf R. Consideration and Possible Action - Resolution No. R2024-58 - A Resolution of the City Council of the City of Pearland, Texas, approving participation in the Homeland Security Grant Program (HSGP) — 2023 Urban City Council Regular Meeting - Mar 25 2024 Area Security Initiative (UASI), grant application numbers 48922-01 and 48923-01, in the total amount of$63,157.89. FY 24 Homeland Security UASI Grant(2023 Program)AIR-24-101 - Pdf S. Consideration and Possible Action - Resolution No. R2024-60 - A Resolution of the City Council of the City of Pearland, Texas, approving a Change Order with R Construction Civil, LLC, in the amount of $499,550.58 (total contract amount of $14,058,989.69), associated with the Bailey Road Expansion Project. Bailey Road Expansion Change Order Al R-24-064-Pdf T. Consideration and Possible Action - Resolution No. R2024-37 - 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 through the Texas Association of School Boards (TASB) Buy Board for the purchase and installation of modular restrooms at Centennial Park, in the amount of$457,571.00, from Restroom Facilities Limited. Centennial Parks Restrooms(Fields 5&6)-Construction Award AIR-24-060-Pdf U. Consideration and Possible Action - Resolution No. R2024-47 - A Resolution of the City Council of the City of Pearland, Texas, approving a Change Order with TDC2, LLC, in the amount of $230,093.86 (total contract amount of $1,199,772.96), associated with the McHard Road Fiber Optics Conduit and Cable Installation Project. McHard Road Fiber Optics Construction Contract Change Order AIR-24-092- Pdf V. Consideration and Possible Action - Resolution No. R2024-39 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with Civitas Engineering Group, for design engineering services associated with the Riverstone Ranch Regional Lift Station Expansion Project, Whispering Winds Relocation Project and the Southdown Lift Station Rehabilitation Project, in the estimated amount of $498,525.00. Riverstone Ranch Regional Lift Station Capacity Expansion, Southdown Lift Station Rehabilitation, and Whispering Winds Lift Station Relocation Design - Pdf W. Consideration and Possible Action - Resolution No. R2024-35 - A Resolution of the City Council of the City of Pearland, Texas, approving a Change Order with Durotech, in the amount of $163,909.52 (total contract amount of $1,453,603.52), associated with the Public Safety Building Renovation Project. Public Safety Building Renovation Contract Change Order AIR-24-043- Pdf X. Consideration and Possible Action - Resolution No. R2024-34 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate with interlocal cooperative pricing partners for the purchase of furniture fixtures and equipment associated with the Public Safety Building Renovation Project, in the amount of $78,809.10, from The Luck Company. PSB Renovation- FF&E Contract AIR-24-042-Pdf Y. Consideration and Possible Action - Resolution No. R2024-45 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with R.G. Miller Engineers, for engineering City Council Regular Meeting - Mar 25 2024 services associated with the Wooten Road Lift Station Decommissioning Project, in the estimated amount of$65,710.00. Wooten Road Lift Station Decommissioning Design Award AIR-24-083- Pdf Vill. NEW BUSINESS CONTINUED 2. Consideration and Possible Action - Second and Final Reading of ! Ordinance No. 2000M-255 - 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 Lots 14, 15, 16 & Reserve C of Amending Plat of the Plat of Replat of Pearland Town Center, a subdivision recorded in File No. 2008005836 in the Official Records of Brazoria County, Texas (located at South Side of 11200 Broadway Street, Pearland, Texas). Zone Change Application No. ZONE 24-01, a request by Drake Dominy, Pelican Builders and Andy Hall, Kimley-Horn and Associates, applicants, on behalf of CBL Pearland Town Center Op PropCo and Pearland Town Center LP, owner, for approval of amendments to the Pearland Town Center Planned Unit Development, on approximately 37.4604 acres of land; 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-255 AIR-24-111 -Pdf 3. Council Discussion - Regarding 65th North Group internal control and vulnerability assessment results and current status of improvements. 65th North Group Update AIR-24-088-Pdf 4. Consideration and Possible Action - Resolution No. R2024-49 - A Resolution of the City Council of the City of Pearland, Texas, adopting the City of Pearland Strategic Priorities promulgated during the City's 2024 Annual Planning Retreat. 2024 Strategic Priorities AIR-24-090- 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 551.071 - Consultation with City Attorney regarding legal advice associated with the development of property in the City. Executive Session-Consultation with Attorney AIR-24-121 - Pdf XIII. ADJOURNMENT City Council Regular Meeting - Mar 25 2024 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.aov. 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, httr)s://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 March 22, 2024 by 5:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. FraK"S,Ag t.i t, Frances Aguilar TRMC, MMC City Secretary City Council Regular Meeting - Mar 25 2024