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CITY COUNCIL REGULAR MEETING
AGENDA (AMENDED)
VIA IN-PERSON/TELEPHONE/VIDEO CONFERENCE
Monday, April 26, 2021 6:30 PM
PEARLAND CITY HALL COUNCIL CHAMBERS 13519 LIBERTY DRIVE
NOTICE IS HEREBY GIVEN in accordance with order of the Office of the Governor issued
March 16, 2020, the City Council of the City of Pearland will conduct its Regular Meeting
scheduled on Monday, April 26, 2021, at 6:30 PM, located at City Hall, 3519 Liberty Dr.,
Pearland, Texas 77581 by telephone or video conference (preferred) and also in -person with
social distancing protocols and restrictions in order to advance the public health goal of limiting
face-to-face meetings (also called "social distancing") to slow the spread of the Coronavirus
(COVID-19).
The public will be permitted to offer public comments telephonically as first priority and in -person
as provided by the agenda and as permitted by the presiding officer during the meeting.
All virtual participating speakers MUST register in advance (Monday, April 26, 2021, no later
than 12 p.m.). All public comments will occur during Citizen Comments, expect that comments
pertaining to a specific agenda item will occur when the agenda item is considered.
Submit the online registration form found at:
http://www.pearlandtx.gov/departments/city-secretary/speaker-request-registration-form
• Once the registration form is received, residents will receive either an email or phone call
providing the telephone number to call.
• Speakers must call in at least 30 minutes prior to the meeting start in order to speak, late
callers will not be accepted and will not be able to speak. Speakers will be placed in a queue
until their time to speak.
Handouts or other information must be emailed to citysecretary@pearlandtx.gov no later than
12 p.m. on the day of the meeting. The information will be provided to Mayor and Council in
advance of the meeting.
Residents may watch the meeting online at:
/Portal/
City Council Regular Meeting - Apr 26 2021
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 Adrian Hernandez, Councilmembers Luke
Orlando, Tony Carbone, Alex Kamkar, J. David Little, Trent Perez and 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. CONSENT AGENDA
A.
B.
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.
Consideration and Possible Action - Approval of Minutes
City Council Regular Meeting Minutes - April 12, 2021
City Council Regular Meeting Minutes - April 12, 2021
Consideration and Possible Action — Second and Final Reading of
Ordinance No. 2000M-208 - 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: Tract (1): Tract of land containing 105.057 acres
(4,576,272 square feet), located within the H. Stevens Survey, Abstract 593
in Brazoria County, Texas; Said 105.057 acres tract being a portion of a
called 138.83-acre tract recorded in the name of Margurite Massey Smith
Charitable Remainder Trust U.A. in Brazoria County Clerk's File No.
2010013347. Tract (2): Tract of land containing 33.298 acres (1,450,469
square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria
County, Texas; Said 33.298-acre tract being a portion of a called 138.83-acre
tract recorded in the name of Margurite Massey Smith Charitable Remainder
Trust U.A. in Brazoria County Clerk's File No. 2010013347. Tract (3): Tract
of land containing 14.952 acres (651,290 square feet), located within the H.
City Council Regular Meeting - Apr 26 2021
C.
Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 14.952-acres
tract being a portion of a called 5.00-acre tract recorded in the name of Lois
Winifrede Summers in Volume 1775, Page 250 of the Brazoria County Deeds
Records, all of a called 5.00-acre tract recorded in the name of William
Stephen Summers and wife, Lois Winifrede Summers in Volume 1318, Page
700 of the Brazoria County Deeds Records; and a portion of a called 5.00-
acre tract recorded in the name of Lois Winifrede Summers in Volume 1775,
Page 248 of the Brazoria County Deeds Records. Tract (4): Tract of land
containing 55.539 acres (2,419,282 square feet), located within the H.
Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 55.539-acres
tract being all of a called 10.55-acre tract recorded in the name of Lois Smith
Summers in Brazoria County Clerk's File No. 2013052681, and all of 45.00
acre tract recorded in the name of Lois Smith Summers in Brazoria County
Clerk's File No. 2013052682. Tract (5): Tract of land containing 3.159 acres
(137,584 square feet), located within the H. Stevens Survey, Abstract 593 in
Brazoria County, Texas; Said 3.159-acres tract being a portion of a called
4.45-acre tract recorded in the name of Lois Smith Summers in Brazoria
County Clerk's File No. 2013052682. Tract (8A): Tract of land containing
72.279 acres (3,148,490 square feet), located within the C.W. Groos Survey,
Abstract 525 in Brazoria County, Texas; Said 72.279-acres tract being a
portion of a called 160-acre tract recorded in the name of Richard Rogers in
Volume 103, Page 371 of the Brazoria County Deeds Records. Tract (8B):
Tract of land containing 72.584 acres (3,161,737 square feet), located within
the C.W. Groos Survey, Abstract 525 in Brazoria County, Texas; Said
72.584-acres tract being a portion of a called 160-acre tract recorded in the
name of Richard Rogers in Volume 103, Page 371 of the Brazoria County
Deeds Records. (South side of McKeever Road (County Road 100),
beginning approximately 2900 feet east of FM 1128, extending east to
the southwest corner of the intersection of McKeever and Harkey
Roads). A request by Alan Mueller, applicant, on behalf of Massey Oaks
Development LP, owner, for approval of a Planned Development Amendment
to the Massey Oaks Planned Development District, to accommodate
modifications to the tree mitigation Credit and street tree planting standards,
on approximately 356.868 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 — First Reading of Ordinance No. 2000M-208 AIR-21-123 -
Pdf
Consideration and Possible Action - Second and Final Reading of
Ordinance No. 528-9 - An Ordinance of the City Council of the City of
Pearland, Texas repealing Chapter 6, Animals and Fowl, of the City of
Pearland Code of Ordinances in its entirety, as it may have been amended
from time to time, and adopting a new Chapter 6, Animals; having a savings
clause; severability clause; having a repealer clause; providing for
codification; and providing an effective date and for publication.
Chapter 6 Animal Ordinance AIR-21-168 - Pdf
D. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1023-10 -An Ordinance of the City Council of the City of
City Council Regular Meeting - Apr 26 2021
Pearland, Texas, amending development and permit fees; containing a
savings clause, a severability clause and a repealer clause; providing for
publication and an effective date.
Development Fee Schedule Amendment - Fire AIR-21-169 - Pdf
VI. NEW BUSINESS
1.
Council Input and Discussion on the SH35 Freeway Project - The Texas
Department of Transportation (TxDOT) will present on the SH35 Freeway
project to gather local input and comments as part of the TxDOT sponsored
amendment to the Regional Transportation Plan (RTP).
Council Input and Discussion on the SH35 Freeway Project AIR-21-162 - Pdf
2. Consideration and Possible Action - Resolution No. R2021-86 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a Memorandum of Understanding
with METRO for the operation of a Van Pool Pilot Program at the Shadow
Creek SportsPlex and Shadow Creek Nature Trail parking lots.
Memorandum of Understanding with METRO for a Van Pool Pilot Program AIR-21-146 - Pdf
3. onsi•eration an• ossi•le ction — econd an• Final 'eadin• of
r • inance o. 2 ' ' ' T-34 - An Ordinance of the City Council of the City of
Pearland, Texas, for the purpose of amending to the Unified Development
Code of the City of Pearland, Texas, Ordinance No. 2000T, to include the
following: 1) Amendments to Chapter 2 (Section 2.2.2.1 (d)(1)) of the UDC, to
decrease the minimum area and contiguity requirements for establishing PD
district for Residential or Mixed Use within the Old Townsite Zoning Districts
from the currently minimum requirement of five (5) or three (3) acres of
contiguous land area to one (1) acre of non-contiguous land. 2) Amendments
to Chapter 1 (including Section 1.2.2.2. and 1.2.3.6) and Chapter 2 (including
Section 2.2.1.3., 2.2.2.4., and 2.2.3.3.) of the UDC to change the current
format of the Joint Public Hearing and Joint Special Meeting to accommodate
separate public meetings or hearings for land use applications or plans by the
Planning and Zoning Commission and the City Council; 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. 2000T-34
AIR-21-161 - Pdf
4. Consideration and Possible Action - Resolution No. R2021-85 - A
Resolution of the City Council of the City of Pearland, Texas, selecting a
separate public hearing format, in lieu of a joint public hearing format, for
zoning and conditional use permit applications considered by the Planning
and Zoning Commission and the City Council.
Separation of Joint Public Hearing / Special Meeting Format by P&Z and City Council AIR-21-
164 - Pdf
5. Consideration and Possible Action- Resolution No. R2021-88 - 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
City Council Regular Meeting - Apr 26 2021
pricing arrangement with the Houston -Galveston Area Council (HGAC) for
the purchase of one (1) Pierce -Commercial Ford Transit Command Center, in
the amount of $232,800, from Siddons Martin Emergency Group and
appropriating an additional $232,800 from the Public, Education, and
Governmental Access Channels (PEG) Fund for the expense.
Communications Vehicle AIR-21-171 - Pdf
6. Consideration and Possible Action - Resolution No. R2021-83- A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to a fee title interest, a sanitary sewer easement,
and a temporary construction easement on certain property for public
infrastructure improvements (road and sewer); being tracts of land containing
0.1702 acre (7,416 square feet), a 0.5675 acre (24,720 square feet) and a
temporary construction easement, located with in the H. T. & B. R. R. Co.
Survey, Abstract-549, Brazoria County, Texas and being a portion of Lot 56
of the Allison Richey Gulf Coast Home Company Subdivision, Section 24
recorded in Volume 2, Page 89 of the Brazoria County Plat Records
(B,C.P.R.). Said 0.1702 and 0.5675 acre tracts also being a portion of Lot 56
recorded in the name of Thi D. Nguyen and THU Trang Dao in Brazoria
County Clerk's File(B.C.C.F.) Number (No.) 2006012714, for the construction
and maintenance of public improvements on certain real property described
herein; authorizing the city attorney, or his designee, and other city officials to
take such actions as are necessary to acquire said property, located within
the city, by donation, purchase, or by the exercise of the power of eminent
domain.
Property Acquisition- City Infrastructure Parcel 59 AIR-21-142 - Pdf
7. Consideration and Possible Action - Resolution No. R2021-82 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to a fee title interest, a sanitary sewer easement,
and a temporary construction easement on certain property for public
infrastructure improvements (road and sewer); being tracts of land containing
0.0453acre (1,973 square feet), a 0.1510 acre (6,577 square feet) and a
temporary construction easement, located within the H. T. & B. R. R. Co.
Survey, Abstract-549, Brazoria County, Texas and being a portion of Lot 58
of the Allison Richey Gulf Coast Home Company Subdivision, Section 24
recorded in Volume 2, Page 89 of the Brazoria County Plat Records
(B,C.P.R.). Said 0.0453 and 0.1510acretractsalsobeingaportionofa called
3.6017 acre tract recorded in the name of Celine Marie Thomerson and
Richard Scott Bennett in Brazoria County Clerk's File (B.C.C.F.) Number
(No.) 2016026813, for the construction and maintenance of public
improvements on certain real property described herein; authorizing the city
attorney, or his designee, and other city officials to take such actions as are
necessary to acquire said property, located within the city, by donation,
purchase, or by the exercise of the power of eminent domain.
Property Acquisition- City Infrastructure Parcel 56 AIR-21-143 - Pdf
8. Consideration and Possible Action - Resolution No. R2021-81 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to a fee title interest, a sanitary sewer easement,
City Council Regular Meeting - Apr 26 2021
and a temporary construction easement on certain property for public
infrastructure improvements (road and sewer); being tracts of land containing
0.0313acre (1,365 square feet), a 0.1045 acre (4,550 square feet) and a
temporary construction easement, located with in the H. T. & B. R. R.
Co.Survey,Abstract-549, Brazoria County, Texas and being a portion of Lot
58 of the Allison Richey Gulf Coast Home Company Subdivision, Section 24
recorded in Volume 2, Page 89 of the Brazoria County Plat Records
(B,C.P.R.). Said 0.0313 and 0.1045acre tracts also being a portion of a called
0.5005 acre tract recorded in the name of Robby L. Kenner in Brazoria
County Clerk's File (B.C.C.F.) Number (No.) 2011018543, for the
construction and maintenance of public improvements on certain real
property described herein; authorizing the city attorney, or his designee, and
other city officials to take such actions as are necessary to acquire said
property, located within the city, by donation, purchase, or by the exercise of
the power of eminent domain.
Property Acquisition- City Infrastructure Parcel 54 AIR-21-144 - Pdf
9. Consideration and Possible Action - Resolution No. R2021-87 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to a fee title interest, on certain property for public
infrastructure improvements (road); being a tract of land containing
0.2840acre (12,372 square feet), located with in the H. T. & B. R. R. Co.
Survey, Abstract-245, Brazoria County, Texas and being a portion of Lot 9 of
the Allison Richey Gulf Coast Home Company Subdivision, Section 25
recorded in Volume 2, Page 10 of the Brazoria County Plat Records
(B,C.P.R.). Said 0.2840 tract being a portion of called the south 1/2 of Lot 9
recorded in the name of Donald W. Simmons in Brazoria County Clerk's File
(B.C.C.F.) Number (No.) 2013005489, for the construction and maintenance
of public improvements on certain real property described herein; authorizing
the city attorney, or his designee, and other city officials to take such actions
as are necessary to acquire said property, located within the city, by
donation, purchase, or by the exercise of the power of eminent domain.
Property Acquisition- City Infrastructure Parcel 98 AIR-21-167 - Pdf
10. Consideration and Possible Action - Resolution No. R2021-84 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to a fee title interest, a sanitary sewer easement,
and a temporary construction easement on certain property for public
infrastructure improvements (road and sewer); being tracts of land containing
0.0853 acre (3,714 square feet), a 0.2842 acre (12,379 square feet) and a
temporary construction easement, located within the H. T. & B. R.
R.Co.Survey,Abstract-549, Brazoria County, Texas and being a portion of Lot
53 of the Allison Richey Gulf Coast Home Company Subdivision, Section 24
recorded in Volume 2, Page 89 of the Brazoria County Plat Records
(B,C.P.R.). Said 0.0853 and 0.2842 acre tracts also being a portion of the
north 1/2 of Lot53recorded in the name of Armando G. Garza in Brazoria
County Clerk's File (B.C.C.F.) Number (No.)2005058417, for the construction
and maintenance of public improvements on certain real property described
herein; authorizing the city attorney, or his designee, and other city officials to
take such actions as are necessary to acquire said property, located within
City Council Regular Meeting - Apr 26 2021
the city, by donation, purchase, or by the exercise of the power of eminent
domain.
Property Acquisition- City Infrastructure Parcel 65 AIR-21-141 - Pdf
VII. MATTERS REMOVED FROM CONSENT AGENDA
VIII. OTHER BUSINESS
IX. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
X. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
I.
Section 551.072- Deliberations Regarding Real Property- Consultation
with the City Attorney regarding the potential sale of real property owned by
the Pearland Economic Development Corporation.
XI. NEW BUSINESS CONTINUED
Consideration and Possible Action - Regarding the potential sale of real property
owned by the Pearland Economic Development Corporation.
XII. ADJOURNMENT
I certify that a copy of this notice of the City Council Regular Meeting for April 26, 2021 was
posted at City Hall, 3519 Liberty Dr., Pearland, TX 77581 on April 22, 2021 by 5:00 p.m.
Amended Agenda was posted on April 23, 2021, by 4:00 p.m.
Crystal N. Roan
Crystal N. Roan, TRMC, CMC
City Secretary
City Council Regular Meeting - Apr 26 2021