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2004-02-09 CITY COUNCIL MEETING AGENDAAMENDED AGENDA CHANGED CAPTION FOR AGENDA ITEM NO. 9 — ORDINANCE NO. 1153 AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON FEBRUARY 9, 2004, AT 7:30 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 1. PRESENTATION BY TOM JACOBS WITH THE UNITED STATES POSTAL SERVICE REGARDING A NEW POST OFFICE IN THE CITY OF PEARLAND. 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: 1. Minutes of the October 20, 2003, Joint Public Hearing held at 6:30 p.m. Page 1 of 11 — 2/9/2004 2. Minutes of the November 17, 2003, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the January 26, 2004, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1151 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION OF APPROXIMATELY 34.78 ACRES BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 21. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1149 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADD SECTION 20-14, TO BE ENTITLED OBEDIENCE OF PARK RULES AND SIGNAGE; HAVING A PENALTY CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. D. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-28 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE GENERAL AND SPECIAL ELECTION TO BE HELD ON SATURDAY, MAY 15, 2004. Mr. Young Lorfing, City Secretary. E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-22 — 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 SHELL PIPELINE COMPANY FOR THE RELOCATION OF A GAS TRANSMISSION LINE ASSOCIATED WITH THE CORRIGAN BY- PASS DRAINAGE DITCH. Mr. Bill Eisen, City Manager. F. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-24 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR Page 2 of 11 — 2/9/2004 HIS DESIGNEE TO CONVEY, BY GENERAL WARRANTY DEED, CERTAIN REAL PROPERTY SITUATED IN THE CITY. Mr. Darrin Coker, City Attorney. G. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-29 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING PASSAGE OF THE HIGHWAY FUNDING EQUITY ACT OF 2003 (H.R. 2208) AND ENCOURAGING ALL MEMBERS OF THE TEXAS DELEGATION TO CO-SPONSOR H.R. 2208. Mr. Bill Eisen, City Manager. H. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-26 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PROCEED WITH THE CREATION OF A LOCAL GOVERNMENT CORPORATION FOR THE PURPOSE OF ISSUING TAX INCREMENT REINVESTMENT ZONE (TIRZ) DEBT. Mr. Bill Eisen, City Manager. I. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1154 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE 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 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. IX. MATTERS REMOVED FROM CONSENT AGENDA X. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 509-691 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING Page 3 of 11 — 2/9/2004 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 0.635 ACRES, OUT OF LOT 47 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BRAZORIA COUNTY, TEXAS (EAST SIDE OF MILLER RANCH ROAD, NORTH OF SUMMER BREEZE DRIVE) (APPLICATION NO. 1137) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-1) TO OFFICE AND PROFESSIONAL DISTRICT (OP) AT THE REQUEST OF DAVID H. MOORE, 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. Tobin Maples, Executive Director of Community Services. 2. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 509-693 — 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 1.867 ACRES, TRACT 39A, AND 2.00 ACRES, TRACT 39A1, OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SECTION 85, OUT OF THE H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 304, BRAZORIA COUNTY, TEXAS (2806 MILLER RANCH ROAD) (APPLICATION NO. 1136) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF KIM DURRETT, AGENT FOR TRINITY LEASING, 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. Tobin Maples, Executive Director of Community Services. 3. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 509-694 — 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, Page 4 of 11 — 2/9/2004 TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.00 ACRE, TRACT 6A, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 219, BRAZORIA COUNTY, TEXAS (1430 O'DAY ROAD) (APPLICATION NO. 1145) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-1) AT THE REQUEST OF WILLIAM POSTON, 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. Tobin Maples, Executive Director of Community Services. 4. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 509-687 — 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 1.988 ACRES, OUT OF A 5.949 ACRE TRACT AS DESCRIBED IN VOLUME 1439, PAGE 851, OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, BEING OUT OF A 35.950 ACRE TRACT, OUT OF A TRACT OF 80 ACRES OUT OF THE NORTH 1/z OF THE SOUTHEAST 14 OF SECTION 16, GEORGE C. SMITH SURVEY, ABSTRACT 546, BRAZORIA COUNTY, TEXAS (WEST SIDE OF HARKEY ROAD, AND ON THE NORTH SIDE OF TERRELL DRIVE) (APPLICATION NO. 1138) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DAVID AND ANA GARCIA AND ANTONIO LINARES, 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. Tobin Maples, Executive Director of Community Services. 5. CONSIDERATION AND POSSIBLE ACTION — FIRST READING ORDINANCE NO. 509-688 — 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 Page 5 of 11 — 2/9/2004 CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.1183 ACRES, LOT 1, OUT OF TRACT 10 OF AN UNRECORDED SUBDIVISION OF SECTION 7, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 219, BRAZORIA COUNTY, TEXAS (1637 GARDEN ROAD) (APPLICATION NO. 1143) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DANNY AND CATHY ROARKE, AGENT FOR NGUYEN VAN LY, 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. Tobin Maples, Executive Director of Community Services. 6. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 509-689 — 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 LOT 13, BLOCK 4, WEST LEA SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 546, BRAZORIA COUNTY, TEXAS (3742 MEADOWLARK WAY) (APPLICATION NO. 1144) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF DESIGN TECH HOMES, AGENT FOR MICHAEL AND BEVERLY KONZEM, 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. Tobin Maples, Executive Director of Community Services. 7. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 509-692 — 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 0.401 ACRES, SITUATED IN AN ORIGINAL 10 ACRE TRACT AS RECORDED IN VOLUME 410, PAGE 536 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, SECTION 4, H.T. & Page 6 of 11 — 2/9/2004 SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. 9. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1153 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A MORATORIUM ON MULTI -FAMILY DEVELOPMENT WITHIN THE INCORPORATED LIMITS OF THE CITY. Mr. Darrin Coker, City Attorney. 10. CONSIDERATION AND POSSIBLE ACTION — AMENDMENT TO UDC CONCERNING THE INSTALLATION OF SIDEWALKS. Mr. Tobin Maples, Executive Director of Community Services. 11. CONSIDERATION AND POSSIBLE ACTION — REMOVE FROM TABLE RESOLUTION NO. R2004-6. City Council. 11A. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-6 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #14 FOR DRAINAGE AND ENVIRONMENTAL ASSESSMENT SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (PEARLAND PARKWAY EXTENSION -BRITTANY BAY). Mr. Bill Eisen, City Manager. 12. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE APPOINTMENT OF FRED CESSAC TO SERVE ON THE LIBRARY BOARD POSITION NO. 6 FOR A TERM EXPIRING NOVEMBER, 2006. Mayor Tom Reid. 13. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-16 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #13 SUPPLEMENT #2 FOR DRAINAGE ANALYSIS SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (MAGNOLIA ROAD -PRELIMINARY INVESTIGATION). Mr. Bill Eisen, City Manager. 14. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-17 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #3 SUPPLEMENT #8 FOR ENGINEERING SERVICES ASSOCIATED Page 8 of 11 — 2/9/2004 WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM (WEST MARY'S CREEK DETENTION PROJECT). Mr. Bill Eisen, City Manager. 15. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-27 — A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL AND SPECIAL ELECTION TO BE HELD ON SATURDAY, MAY 15, 2004, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; AND FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF PEARLAND, TEXAS, A PROPOSITION TO ESTABLISH THE COMPENSATION FOR THE MAYOR AND CITY COUNCILMEMBERS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' AND SPECIAL ELECTION. Mr. Young Lorfing, City Secretary. 16. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-15 — 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 TRAFFIC PREEMPTION EQUIPMENT. Mr. Bill Eisen, City Manager. 17. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-18 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE SOUTHEAST WATER PLANT (ELEVATED STORAGE TANK). Mr. Bill Eisen, City Manager. 18. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE VETERANS DRIVE SEWER PROJECT. Mr. Bill Eisen, City Manager. 19. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-23 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE VETERANS DRIVE LIFT Page 9 of 11 — 2/9/2004 STATION. Mr. Bill Eisen, City Manager. 20. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-20 — 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 CARTER -BURGESS, INC. FOR CONSTRUCTION MANAGEMENT AND MATERIALS TESTING SERVICES ASSOCIATED WITH THE VETERANS & MAGNOLIA SEWER PROJECTS. Mr. Bill Eisen, City Manager. 21. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-19 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE SOUTHEAST WATERPLANT (WATER WELL AND GROUND STORAGE TANK). Mr. Bill Eisen, City Manager. 22. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2004-25 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONSENTING TO AND APPROVING THE ISSUANCE OF BONDS BY THE HARRIS HEALTH FACILITIES DEVELOPMENT CORPORATION TO PAY REIMBURSEMENT FOR LAND ACQUIRED TO BE THE PROPOSED INITIAL OUTPATIENT AND/OR INPATIENT HEALTH CARE FACILITY TO BE LOCATED WITHIN THE CITY OF PEARLAND. Mr. Bill Eisen, City Manager. 23. CONSIDERATION AND POSSIBLE ACTION — FIRST READING OF ORDINANCE NO. 1152 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF A SWIMMING POOL INTO A UTILITY EASEMENT. Mr. Darrin Coker, City Attorney. OTHER BUSINESS: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR THE CITY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Page 10 of 11 — 2/9/2004 24. CONSIDERATION AND POSSIBLE ACTION — REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY FOR THE CITY. Mr. Darrin Coker, City Attorney. XI. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfinq at 281-652-1655 prior to the meeting so that appropriate arrangements can be made. Page 11 of 11 — 2/9/2004