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2024-05-20 City Council Regular Meeting Agenda The following will be presented before the City Council Meeting: RECOGNITIONS Foster Care Awareness EMS Week National Public Works Week Flood Awareness Week CITY COUNCIL REGULAR MEETING AGENDA MONDAY, MAY 20, 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-Tem Tony Carbone, Councilmember Joseph Koza, Mona Chavarria, Clint Byrom, 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. 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. City Council Regular Meeting - May 20 2024 A. Consideration and Possible Action - Second and Final Reading of Ordinance No. 1502-1 - An Ordinance of the City Council of the City of Pearland, Texas, amending Chapter 4, Alcoholic Beverages, Section 4-2, General Requirements of the City of Pearland Code of Ordinances as it applies to Food and Beverage Certificate holders (i.e., restaurants); having a savings clause, a severability clause, and a repealer clause; provid-ing for publication, codification, and an effective date. Amendment Ordinance No. 1502 AIR-24-159 - Pdf B. Consideration and Possible Action - Second and Final Reading of Ordinance No. 1494-5 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1494-4,establishing prima facie speed limits established for vehicles under the provisions of Section 545.356, Texas Transportation Code, upon certain streets and highways, of parts thereof, within the corporate limits of the City of Pearland, as set out in this ordinance and providing a penalty (McHard Road from Cullen Blvd to Mykawa Road; and FM 2234 from the City Limits to CR 94). Speed Limit Ord McHard from Cullen Boulevard to Mykawa Road AIR-24-087 - Pdf C. Consideration and Possible Action - Resolution No. R2024-81 - 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 Brazoria County for the annual collection and assessment of City taxes and Public Improvement District assessments. Brazoria County Interlocal Agreement AIR-24-165 - Pdf D. Consideration and Possible Action - Resolution No. R2024-97 - A Resolution of the City Council of the City of Pearland, Texas, conveying a drainage easement (east of Pearland Parkway and north of Hughes Road) to Brazoria Drainage District No. 4 for maintenance and construction of drainage facilities associated with Clear Creek. Brazoria Drainage District Conveyance Clear Creek (Barry Rose WWTP) AIR- 24-164 - Pdf E. Consideration and Possible Action - Resolution No. R2024-94 - A Resolution of the City Council of the City of Pearland, Texas, approving Special Event Permit No. EVNT24-00032, to host the City's Juneteenth Freedom Celebration on June 15, 2024. Pearland Juneteenth Freedom Celebration Special Event Permit AIR-24-203 - Pdf F. Consideration and Possible Action - Resolution No. R2024-98 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the replacement of Computershare Trust Company, N.A. as Paying Agent/Registrar for certain of the City of Pearland's Bonds and Certificates of Obligation; authorizing the appointment of BOKF, N.A., as Paying Agent/Registrar for such Bonds and Certificates of Obligation; authorizing the execution and delivery of Replacement Paying Agent/Registrar Agreements with BOKF, N.A.; and other matters related thereto. Replacement of Paying Agent/Registrar for City debt issuances. AIR-24-210 - Pdf City Council Regular Meeting - May 20 2024 G. 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 $58,478.40, from The Luck Company. Public Safety Renovations - Training Room 3 - FF & E Contract AIR-24-184 - Pdf H. Consideration and Possible Action - Resolution No. R2024-87 - 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 Dixie Farm at Hastings Friendswood Road Intersection Improvement Project, in the estimated amount of$77,232.75. Dixie Farm Road at Hastings Friendswood Road Intersection Improvements - Professional Design Services AIR-24-182 - Pdf I. Consideration and Possible Action - Resolution No. R2024-86 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager to participate in an interlocal pricing arrangement with Public Safety Association Inc., for the purchase of Fire Department medical supplies and equipment in the estimated amount of$104,507.11, from Zoll Medical. Fire Department Medical Supplies and Equipment AIR-24-179 - Pdf J. Consideration and Possible Action - Resolution No. R2024-92 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager to participate in an interlocal pricing arrangement with SAVVIK Buying Group for the purchase of Emergency Medical Equipment in the estimated amount of$110,092.66, from Stryker. Equipment for Fire Ambulances - Powerload, Cots, and Stairchairs AIR-24-190 - Pdf VI. MATTERS REMOVED FROM CONSENT AGENDA VII. PUBLIC HEARING NO. 1 1. Public Hearing: A request by Helen Wang, applicant, on behalf of Sheng Li, owner, for approval of a Conditional Use Permit (CUP) for a Warehouse use within the General Commercial (GC) District, on approximately 4.678 acres of land, to wit: Legal Description: A 4.678-acre tract of land, being out of 9.5360 acres (415,389 square feet) of land situated in Abstract No. 542 and Abstract 233, Brazoria County, Texas, being out of Lots 77 and 78 of the Zychlinski Subdivision, map or plat thereof recorded in Volume 29, Page 43, Brazoria County Deed Records (B.C.D.R.) and being the same 9.5360 acre tract of land to Pearland Partners, LTD. in deed filed for record under Brazoria County Clerk File (B.C.C.F.) No. 02-045143. General Location: 3702 Knapp Road, Pearland, Texas. Public Hearing: Conditional Use Permit Application CUP24-13 AIR-24-205 - City Council Regular Meeting - May 20 2024 Pdf Vill. NEW BUSINESS NO. 1 1. Consideration and Possible Action - Resolution No. R2024-CUP24-13 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for a Warehouse use within the General Commercial (GC) District, to accommodate a Furniture Warehouse, on approximately 4.678 acres of land, being a 4.678-acre tract of land, being out of 9.5360 acres (415,389 square feet) of land situated in Abstract No. 542 and Abstract 233, Brazoria County, Texas, being out of Lots 77 and 78 of the Zychlinski Subdivision, map or plat thereof recorded in Volume 29, Page 43, Brazoria County Deed Records (B.C.D.R.) and being the same 9.5360 acre tract of land to Pearland Partners, LTD. in deed filed for record under Brazoria County Clerk File (B.C.C.F.) No. 02-045143 (located at 3702 Knapp Road, Pearland, TX). Conditional Use Permit Application No CUP24-13, for a Warehouse use, within the General Commercial (GC) District, at the request of Helen Wang, applicant, on behalf of Sheng Li, 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- 13 AIR-24-206 - Pdf IX. PUBLIC HEARING NO. 2 2. Public Hearing: A request by Ruth Abigail Ramos Martinez, applicant, on behalf of Shane Kurjex, owner, for approval of a Conditional Use Permit (CUP) for a Hair Salon use within the Light Industrial (M-1) District, on approximately 1.5707 acres of land, to wit: Legal Description: A subdivision of 1.5707 acres of land situated in the H.T.&B.R.R. Company Survey Section 11, Abstract No. 238, Brazoria County, Texas and being out of Tract "C" of Magnolia Industrial Sites, Section One, as recorded in Volume 18, Pages 153-154 of the Plat Records of Brazoria County, Texas. General Location: 3419 Veterans Drive, Suite B, Pearland, Texas. Public Hearing: Conditional Use Permit Application CUP24-14 AIR-24-207 - Pdf X. NEW BUSINESS NO. 2 2. Consideration and Possible Action - Resolution No. R2024-CUP24-14 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for a Hair Salon use within the Light Industrial (M-1) District, to accommodate a Hair Salon, on approximately 1.5707 acres of land, being a subdivision of 1.5707 acres of land situated in the H.T.&B.R.R. Company Survey Section 11, Abstract No. 238, Brazoria County, Texas and being out of Tract "C" of Magnolia Industrial Sites, Section One, as recorded in Volume 18, Pages 153-154 of the Plat Records of Brazoria County, Texas (located at 3419 Veterans Drive Suite B, Pearland, City Council Regular Meeting - May 20 2024 TX). Conditional Use Permit Application No CUP24-14, for a Hair Salon use, within the Light Industrial (M-1) District, at the request of Ruth Abigail Ramos Martinez, applicant, on behalf of Shane Kurjex, 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- 14 AIR-24-208 - Pdf XI. NEW BUSINESS CONTINUED 3. Consideration and Possible Action - Resolution No. R2024-88 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Olsson Studio, for planning and engineering services associated with the Old Town Revitalization Plan, in the estimated amount of$350,000.00; and authorizing a Reimbursement Agreement between the City and the Pearland Economic Development Corporation. Old Town Revitalization Plan - Award of Professional Services Contract AIR- 24-181 - Pdf 4. Consideration and Possible Action - Resolution No. R2024-90 - A Resolution of the City Council of the City of Pearland, Texas, Amending an Advanced Funding Agreement with the Texas Department of Transportation ("TxDOT"), for the Smith Ranch Road Widening Project (Hughes Ranch Road to north of Broadway/FM 518), to increase the amount to $9,428,450.00 by supplementing "Attachment A, Resolution, Ordinance, or Commissioners Court Order" and adding "Attachment A-1, Resolution, Ordinance, or Commissioners Court Order", and by deleting "Attachment C, PROJECT BUDGET," and replacing it with "Attachment C-1, PROJECT BUDGET". Smith Ranch Rd Expansion (CR 94)AFA Amendment #1 AIR-24-189 - Pdf S. Consideration and Possible Action - Resolution No. R2024-95 - A Resolution of the City Council of the City of Pearland, Texas, authorizing expenditures with McGriff Insurance Service, for Wind, Hail, and Wind Driven Rain Insurance, in the amount of $1,608,635.00, for the period of May 26, 2024, to May 25, 2025. 2024-2025 Windstorm Insurance AIR-24-217 - Pdf 6. Consideration and Possible Action - Resolution No. R2024-89 - 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 construction services associated with the Natatorium Recapitalization Project, in the amount of $1,903,860.00, with Progressive Commercial Aquatics. Natatorium Recapitalization Construction Contract AIR-24-183 - Pdf 7. Consideration and Possible Action - Resolution No. R2024-85 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with AARK Engineering Services, for design services associated with the Shadycrest Subdivision Improvement Project; drainage and paving improvements ($1,223,757.00); transite water line replacement ($328,496.00); and sanitary sewer rehabilitation ($405,171.00) in the total amount of City Council Regular Meeting - May 20 2024 $1,957,424.00. Shadycrest and Creekview Subdivision Improvements AIR-24-166 - Pdf 8. Consideration and Possible Action - Resolution No. R2024-93 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with GC Engineering, Inc., for professional services associated with the Southwest Quadrant of Old Town Drainage Improvements and Transite Water Line Replacement Project, in the estimated amount of$830,378.00. Southwest Quadrant Old Town Drainage Improvements and Transite Waterline Replacement AIR-24-197 - Pdf 9. Consideration and Possible Action - Resolution No. R2024-96 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter a Third Amended Development Agreement with Massey Oaks Development, LP, ("Developer") reciting the amended responsibilities of the City and Developer associated with the development of a residential community (Massey Oaks). Massey Oaks 3rd Amended Development Agreement AIR-24-185 - Pdf XII. OTHER BUSINESS XIII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION XIV 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 for advice on legal matters related to enforcement of contractual obligations. Executive Session- Consultation with Attorney AIR-24-191 - Pdf Section 551.071 - Consultation with City Attorney regarding legal matters associated with a strategic partnership agreement. Executive Session- Consultation with Attorney AIR-24-216 - 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(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 was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on May 17, 2024 2024 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 - May 20 2024 FraK"s,A gtaZ.cw Frances Aguilar TRMC, MMC City Secretary City Council Regular Meeting - May 20 2024