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2005-03-28 7:00 PM CITY COUNCIL MEETING AGENDAAGENDA CITY OF PEARLAND , CITY COUNCIl, March 28, 2005 7:00 p.m. MAYOR Tom Reid Charles Viktorin Mayor Pro-Tem Position No. 3 Richard Tetens Position No. 1 COUNCIL MEMBERS Woody Owens Position No. 2 Larry Marcott Position No. 4 Bill Eisen City Manager Kevin Cole Position No. 5 Darrin Coker City Attorney Alan Mueller Deputy City Manager Young Lorf'mg City Secretary In accordance with the Texas Open Meeting Act the Agenda is posted for public information, at all times, for at least 72 hours preceding the scheduled time of the meeting on the bulletin board located at the front entrance of the City Hall, 3519 Liberty Drive. AGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON MARCH 28, 2005, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE III. MAYOR'S ACTIVITY REPORT Presentation of Proclamation: "Victim Assistance Program" Recognition of Parks and Recreation Department Personnel. Presentation of the Certificate of Achievement for Excellence in Financial Reporting Award. Presentation of Proclamation: "Red Hat Literacy Luncheon Day" IV. COUNCIL ACTIVITY REPORTS V. CITY MANAGER'S REPORT VI. CITIZENS VII. DOCKETED PUBLIC HEARING: None VIII. 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 (IX. MATTERS REMOVED FROM CONSENT AGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: 2. 3. 4. Minutes of the January 17, 2005, Joint Public Hearing held at 6:30 p.m. Minutes of the February 21, 2005, Joint Public Hearing held at 6:30 p.m. Minutes of the February 28, 2005, Regular Council Meeting at 7:30 p.m. Minutes of the March 7, 2005, Public Hearing held at 6:30 p.m. Page I of 10 - 7:00 p.m. 3/28/2005 Em Ha 5. Minutes of the March 7, 2005, Public Hearing held at 6:30 p.m. CONSIDERATION AND POSSIBLE ACTION - ACCEPTANCE OF SHADOW CREEK RANCH SF-32B. Mr. Doug Kneupper, City Engineer. SUBDIVISION CONSIDERATION AND POSSIBLE ACTION - SUBDIVISION ACCEPTANCE OF LAKES OF HIGHLAND GLEN SECTION 9. Mr. Doug Kneupper, City Engineer. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE APPOINTMENT OF CATHERINE H. O'BRIEN TO SERVE ON THE LIBRARY BOARD POSITION NO. 7 FOR A TERM EXPIRING NOVEMBER, 2007. Mayor Tom Reid. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE REHABILITATION OF GREEN TEE LIFT STATION NO. 5. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO UTILIZE FUNDS FROM THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS FOR A CRIME VICTIMS ASSISTANCE PROGRAM AND EXECUTE ANY AGREEMENTS NECESSARY TO RECEIVE SAID FUNDS. Mr. J.C. Doyle, Police Chief. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE APPLICATION FOR GRANT FUNDS PROVIDED THROUGH THE 2005 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1208 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE A WATER AND SEWER EASEMENT AND FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH Page 2 of 10 - 7:00 p.m. 3/28/2005 IX. X. lA. ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ITS BENEFIT PLAN TO COMPLY WITH THE RULES AND REGULATIONS ESTABLISHED BY THE TEXAS DEPARTMENT OF HEALTH AND HUMAN SERVICES. Mr. Bill Eisen, City Manager. MATTERS REMOVED FROM CONSENT AGENDA NEW BUSINESS CONSIDERATION AND POSSIBLE ACTION - REMOVE FROM TABLE ORDINANCE NO. 509-753. City Council. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-753 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2.00 ACRES, WILLETTS SUBDIVISION, ABSTRACT 70, W.D.C. HALL SURVEY, LOT 2, 2C, 2D, 2C1, 2D1, AND 2E, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND EAST OF HAMM ROAD) (APPLICATION NO. 1200 & SPECIFIC USE PERMIT APPLICATION NO. 138) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO GENERAL BUSINESS DISTRICT - SPECIFIC USE PERMIT (GB(S)), A SPECIFIC USE PERMIT FOR STORAGE AND MINI-WAREHOUSE, AT THE REQUEST OF ROBERT MCCONNELL AND G JR INVESTMENT MANAGEMENT, INC., APPLICANT FOR TEXAS NO. 4, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Darrin Coker, City Attorney. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-762 - AN ORDINANCE OF THE CITY Page 3 of 10 - 7:00 p.m. 3/28/2005 COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 7.20 ACRES OF LAND OUT OF LOT 41, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, PART OF SUBURBAN GARDENS SUBDIVISION, OF SECTION 1, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 310, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT AS RECORDED IN VOLUME 2, PAGE 107-108, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF HUGHES RANCH ROAD (CR 403), AND ON THE WEST SIDE OF BROOKNEY STREET) (APPLICATION NO. 1210) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E) AT THE REQUEST OF C & D CONSTRUCTION, APPLICANT FOR LEASE A LOT, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-763 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOTS 65A AND 66A, FIGLAND ORCHARD SUBDIVISION, ABSTRACT 240, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 5930 FITE ROAD) (APPLICATION NO. 1212) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF RORY C. WILCOX, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-764 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING Page 4 of 10 - 7:00 p.m. 3/28/2005 ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 4, BLOCK 7, HICKORY CREEK PLACE, SECTION 7, ABSTRACT 219, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2213 MELANIE LANE) (APPLICATION NO. 1216) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF DAVID E. NUGENT, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-765 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.6053 ACRES, BEING THE REMAINDER OF LOT 8, HICKORY PLACE SUBDIVISION, ABSTRACT 310, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF HUGHES RANCH ROAD (CR 403), AND EAST OF BRYAN COURT) (APPLICATION NO. 1211) FROM CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF AFIS AND NICHOLE OLAJUWON, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-766 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOTS 1, 2, 13, AND 14, BLOCK 2, OF CAS CON ACRES, ABSTRACT 509, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED Page 5 of 10 - 7:00 p.m. 3/28/2005 w Sm ON THE EAST SIDE OF HARKEY ROAD, ON THE SOUTH SIDE OF WILLOW STREET, AND ON THE NORTH SIDE OF COTTONWOOD STREET) (APPLICATION NO, 1215) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF E. M. POLKER AND RICK BRUMLEY, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-767 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 104.89 ACRES OF LAND, OUT OF TRACTS 83, 84, 85 AND 86, OUT OF THE ZYCHLINSKI SUBDIVISION OF SECTION 3 AND 4, H.T. & B.R.R. COMPANY SURVEY AND R.B. LYLE SURVEY, ABSTRACTS 232 AND 543, AS RECORDED IN VOLUME 29, PAGE 43, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 4501 KNAPP ROAD) (SPECIFIC USE PERMIT APPLICATION NO. 140) FOR A SPECIFIC USE PERMIT FOR A PIPE PROCESSING FACILITY IN THE LIGHT INDUSTRIAL DISTRICT (M-I(S)) AT THE REQUEST OF JOHN ANDREWS, APPLICANT FOR SHAWCOR PIPE PROTECTION LLC, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-768 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 522.62 ACRES OF LAND, SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY, SECTION 80, ABSTRACT 564, AND SECTION 84, ABSTRACT 538, BEING ALL OF A CALLED 120.134 ACRE TRACT OF LAND DESCRIBED IN A DEED RECORDED VOLUME (90) 820, PAGE 217, VOLUME (91) 866, PAGE 357 AND VOLUME Page 6 of 10 - 7:00 p.m. 3/28/2005 10. 11. 12. (92) 994, PAGE 172 ALL OF THE BRAZORIA COUNTY DEED RECORDS, AND LOTS 3 THROUGH 8, 11 THROUGH 18, 20 THROUGH 26, 27 THROUGH 34, LOTS 37 AND 38 AND THE WEST ONE-HALF OF LOT 39, ALL OF LOTS 42, 43, 44, 45, 52 THROUGH 55, AND 8.11 ACRES OF LOT 56 OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION RECORDED IN VOLUME 2, PAGE 98 OF THE BRAZORIA COUNTY MAP RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET (CR 92), ON THE NORTH SIDE OF COUNTY ROAD 59, AND ON THE EAST AND WEST SIDES OF COUNTY ROAD 48) (APPLICATION NO, 1217) FROM CLASSIFICATION PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD), AN AMENDMENT TO THE EXISTING PUD FOR SOUTHERN TRAILS, AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, INC., APPLICANT FOR ASHTON SOUTHERN TRAILS JOINT VENTURE, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT AS PREPARED BY THE ACCOUNTING FIRM OF PATTILLO, BROWN AND HILL. Ms. Andrea Gardner, Director of Finance. CONSIDERATION AND POSSIBLE ACTION - AMENDMENT FOR TURNER, COLLIE, & BRADEN PEARLAND MOBILITY & DRAINAGE BOND PROGRAM. Mr. Bill Eisen, City Manager. BUDGET INC. FOR CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH BRIDGEFARMER AND ASSOCIATES FOR ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION PROJECT (SEGMENT 2). Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT Page 7 of 10 - 7:00 p.m. 3/28/2005 13. 14. 15. 16. WITH TOLUNAY-WONG ENGINEERS, INC. FOR GEOTECHNICAL STUDY SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD EXPANSION PROJECT. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH GC ENGINEERS FOR TRANSPORTATION MODELING SERVICES. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1177-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1177, THE 2004-2005 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING CERTAIN ALTERATIONS TO THE GENERAL FUND (FINANCIAL PLANNING DEPARTMENT PERSONNEL FOR MUNICIPAL PURPOSES); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ADJUST THE CITY BUDGET INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE CITY HALL COUNCIL CHAMBER. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1207 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE PLACEMENT AND REMOVAL OF VARIOUS STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON Page 8 of 10 - 7:00 p.m. 3/28/2005 17. 18. 19. 20. 21. THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH FREESE AND NICHOLS, FOR ENGINEERING SERVICES ASSOCIATED WITH THE RELOCATION OF WATER/SEWER LINES FOR THE WIDENING OF MARY'S CREEK AT STATE HIGHWAY 35. Mr. Bill Eisen, City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR IMPROVEMENTS TO THE SH 288 FRONTAGE ROADS. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2005-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH POAG & MCEWEN LIFESTYLE CENTER-HOUSTON, LLC ASSOCIATED WITH IMPROVEMENTS TO THE SH 288 FRONTAGE ROADS. Mr. Alan Mueller, Deputy City Manager. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1209 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7, BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 7-13, ENTITLED ADOPTED; SECTION 7-13.1, ENTITLED AMENDMENTS; MODIFICATIONS; ADDITIONS; DELETIONS, SECTION 7-51, ENTITLED ADOPTION OF REGULATIONS; CONFLICTING PROVISIONS, AND SECTION 7- 51.1, ENTITLED AMENDMENTS; MODIFICATIONS; ADDITIONS; DELETIONS, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 1210 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 23, Page 9 of 10 - 7:00 p.m. 3/28/2005 Xl. 22. PLUMBING AND GAS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 23-1, ENTITLED ADOPTION OF REGULATIONS; CONFLICTING PROVISIONS; SECTION 23-'1.'l, ENTITLED AMENDMENTS; MODIFICATIONS; ADDITIONS; DELETIONS, SECTION 23-161, ENTITLED ADOPTION OF REGULATIONS; CONFLICTING PROVISIONS, AND SECTION 23- 161.1, ENTITLED AMENDMENTS; MODIFICATIONS; ADDITIONS; DELETIONS, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Nick Finan, Executive Director of Community Services. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. '12'1'1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 10, FIRE PREVENTION AND PROTECTION, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND ARTICLE III, ENTITLED FIRE CODE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Steve Chapman, Fire Marshal ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lofting at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 10 of 10 - 7:00 p.m. 3/28/2005