2021-04-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON APRIL 26, 2021 AT 6:30 P.M., IN-PERSON AND VIA
TELEPHONENIDEOCONFERENCE IN THE PEARLAND CITY HALL COUNCIL CHAMBERS,
3519 LIBERTY DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
Mayor J. Kevin Cole called the meeting to order at 6:30 p.m.
INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Councilmember Tony Carbone gave the Invocation and Councilmember J. David Little led the
Pledge of Allegiance to the United States of America Flag and Texas Flag.
ROLL CALL AND CERTIFICATION OF QUORUM
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
Deputy City Manager
City Attorney
City Secretary
Mayor Pro -Tem Adrian
CITIZEN COMMENTS
Rocky Annis, 16714 Glann Ln., Pearland, Texas, spoke regarding legal issues affecting public
and citizen rights and freedoms.
Nancy Reckler spoke regarding animal rights.
Mayor Pro -Tem Hernandez arrived at 6:40 p.m.
CONSENT AGENDA
J. Kevin Cole
Luke Orlando
Tony Carbone
Alex Kamkar
J. David Little
Trent Perez
Woody Owens
Trent Epperson
Darrin Coker
Crystal Roan
Hernandez was absent.
A. Consideration and Possible Action - Approval of Minutes
City Council Regular Meeting Minutes - April 12, 2021
B. 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
City Council Regular Meeting - Apr 26 2021
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. 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.
C. 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.
D. Consideration and Possible Action - Second and Final Reading of Ordinance No.
1023-10 -An Ordinance of the City Council of the City of Pearland, Texas, amending
City Council Regular Meeting - Apr 26 2021
development and permit fees; containing a savings clause, a severability clause
and a repealer clause; providing for publication and an effective date.
Councilmember Orlando made the motion, seconded by Councilmember Perez, to adopt
Consent Agenda Items A through D.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried.
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).
Sue Theiss, with the Texas Department of Transportation, Darrin Willer, with HNTB, and
Mark Ingram, with Alliance Transportation Group, gave an overview of the SH35 Freeway
Project.
No action taken.
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.
Mayor Pro -Tem Hernandez made the motion, seconded by Councilmember Perez, to
adopt Resolution No. R2021-86.
AYES: Orlando, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-86 is adopted.
Councilmember Carbone was absent from the Council Chambers.
3. Consideration and Possible Action — Second and Final Reading of Ordinance No.
2000T-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
City Council Regular Meeting - Apr 26 2021
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.
Councilmember Kamkar made the motion, seconded by Councilmember Perez, to
approve the Second and Final Reading of Ordinance No. 2000T-34.
AYES: Orlando, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried. Ordinance No. 2000T-34 is adopted.
Councilmember Carbone was absent from the Council Chambers.
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.
Councilmember Little made the motion, seconded by Councilmember Perez, to adopt
Resolution No. R2021-85.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-85 is adopted.
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 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.
Councilmember Perez made the motion, seconded by Councilmember Little, to adopt
Resolution No. R2021-88.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-88 is adopted.
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
City Council Regular Meeting - Apr 26 2021
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.
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.
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, 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.
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,
City Council Regular Meeting - Apr 26 2021
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 I/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.
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'/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 the city, by donation, purchase,
or by the exercise of the power of eminent domain.
City Attorney Darrin Coker read the captions for New Business Items 6-10.
Councilmember Owens made the motion, seconded by Councilmember Perez, to adopt
Resolution No. R2021-83, Resolution No. R2021-82, Resolution No. R2021-81 Resolution
No. R2021-87, and Resolution No. R2021-84.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-83, Resolution No. R2021-82, Resolution No.
R2021-81 Resolution No. R2021-87, and Resolution No. R2021-84 are adopted.
MATTERS REMOVED FROM CONSENT AGENDA
There were none.
OTHER BUSINESS
There were none.
MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were none.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
City Council Regular Meeting - Apr 26 2021
1. 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.
Council adjourned into Executive Session at 8:32 p.m.
Council returned from Executive Session at 9:00 p.m.
NEW BUSINESS CONTINUED
11. Consideration and Possible Action - Regarding the potential sale of real property
owned by the Pearland Economic Development Corporation.
Councilmember Perez made the motion, seconded by Councilmember Owens, to proceed
as discussed in Executive Session.
AYES: Orlando, Kamkar, Hernandez, Perez, Owens.
NAYS: Carbone, Little.
The motion carried.
ADJOURNMENT
Mayor Cole adjourned the meeting at 9:01 p.m.
Minutes approved as submitted and/or corrected this the 10th day of May 2021.
A
T:
Cr
tal Roan TRMC, CMC
City Secretary
City Council Regular Meeting - Apr 26 2021
(ft -
.Kevin Cole
Mayor