1997-07-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON JULY 14, 1997, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
The meeting was called to order with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Helen Beckman
Larry Wilkins
William Berger
Kevin Cole
Paul Grohman
Amy McCullough
Young Lorfing
Others in attendance: Executive Director P.E.D.C. Glen Erwin; Project Coordinator Alan
Mueller; Police Chief Mike Hogg; City Engineer John Hargrove; Parks and Recreation
Director Ed Hersh; Grants Director Janet Berry; Planning and Community Development
Director Dennis Smith; Fire Chief John Munsch; Assistant Fire Chief Paul Jamison; and
Emergency Management Director David Smith.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Councilmember Cole and the Pledge of Allegiance was led
by Emergency Management Director, David, Smith.
APPROVAL OF MINUTES
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to
approve the minutes of the Joint Public Hearing at 6:30 p.m., Public Hearing at 6:30 p.m.
and the Regular Council Meeting at 7:30 held on July 23,1997; and the Special Council
Meeting held on June 27, 1997 at 6:30 p.m.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins.
Voting "No" None.
Motion Passed 4 to 0
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MAYOR'S REPORT
24.1
Mayor Reid dispensed with the activity reports, due to the size of the meeting. Mayor
Reid advised Council if they wanted to have their activities placed into the record they
should submit them to the City Secretary.
Mayor Reid and Councilmember Berger presented a Proclamation proclaiming August
5, 1997 "National Night Out" to Police Officer Matt Zepeda.
Mayor Reid and City Manager, Paul Grohman, thanked Parks Director, Ed Hersh, Fire
Marshal, Larry Steed and other staff involved with the Fourth of July Fireworks
Celebration.
Mayor Reid's activities were as follows; on June 24 attended after hours mixer at
Harrisburg Bank; June 26 meeting with Harris County Commissioner Jerry Eversole;
June 28 presented a Proclamation to Mrs. Weels for her 100th birthday; June 28,
attended the opening of Pearland Parkway; July 1 attended the A.A.R.P. meeting; July
1 attended the United Way Tom Fowler meeting; July 2 attended Tax Abatement
Committee meeting; July 2 meeting with Kathy Threadgill, County Librarian; July 2
attended Assistant City Manager, Richard Burdine's farewell reception; July 2 attended
the First Baptist Church, July 4th service; July 4 attended the City's July 4th
Celebration; July 7 attended Public Hearing; July 8 Tri Tech Legislative Breakfast; July
9 attended the Adult Reading Center Board meeting; and on July 10 attended the Gulf
Coast Water Authority Planning and Development Committee meeting.
CITY MANAGERS REPORT
City Manager, Paul Grohman suspended his report allowing Jeff Brennen,
Commissioner, for Brazoria Drainage District #4, Martha Juch and Carl Woodward, with
Rust Environment Infrastructure, to give an Interim Draft Report for the Brazoria
Drainage District # 4.
CITIZENS:
The following individuals addressed Council and are opposed to the acquisition of Clover
Field Airport;
Connie Weber, 926 Anna Lane; Ginny and Don Anderson, 607 Westfield; Mike Leverton,
2310 Buckholt; Bonnie Riggle, 1529 Westfield Street; Tommy Waldo, 1813 Oak Fork
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Circle; Diane Robin, 3505 Buckholt; Tom Anderson, 3606 Oak Hollow Drive South, Diane
Leverton, 2310 Buckholt, Shantel Conquest, 1802 Oak Lodge Drive; James McFeron,
3823 Buckholt; Klaus Seeger, 3505 Buckholt; and Lantz Pledger, 16814 County Road
127.
The following individuals addressed Council and are in favor of the acquisition of Clover
Field Airport;
Ed Meyers, 906 Boundbury Court; and Diane Beirne, 725 FM 1959.
Michelle Matthews, 2312 Lynn Drive, addressed Council and stated that she is
representing a group of Pearland citizens who are anxious to have construction begin
on the renovation of Independence Park. Ms. Matthews presented Mayor Reid a list of
signatures supporting the renovation of Independence Park.
Mayor Reid with the consensus of the City Council, moved this new business item to the
beginning of the agenda.
AWARD OF BID NO. B97-7 FOR A FIRE TRAINING TOWER TO BE FUNDED BY THE
CITY OF PEARLAND VOLUNTEER FIRE DEPARTMENT.
Councilmember Berger made the motion, seconded by Councilmember Wilkins to award
Bid No. 97-7 for a 4 Story Fire Training Tower, to Fire Facilities, Inc., for the amount of
$255,317.00; and the funding of this project will be paid for by the City of Pearland
Volunteer Fire Department.
Emergency Management Director, David Smith gave a summary of the bid for the Fire
Training Tower. Fire Chief John Munsch, and Assistant Fire Chief Paul Jamison updated
Council on the Fire Department activities and training.
Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0
UNFINISHED BUSINESS:
City Attorney Amy McCullough informed Council that Ordinance No. 509-149
(Application No. 213) and Ordinance 509-152 (Application No. 174) could be acted
upon together.
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243
SECOND AND FINAL READING OF ORDINANCE NO. 509-149 - AN ORDINANCE 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 LOCATED ON LOTS A & B, SECTION 3, GARDEN ACRES, 2.617 ACRES
OUT OF TRACT 36, H.T. & B.R.R. SURVEY, SECTION 7, A-219, AS RECORDED IN
VOLUME 10, PAGE 77 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS.
(5800 BROADWAY) (APPLICATION NO. 213) FROM THE CLASSIFICATION OF
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS (GB) AT THE
REQUEST OF JOSEPHINE M. LEGGIO, 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.
SECOND AND FINAL READING OF ORDINANCE NO. 509-152 - AN ORDINANCE 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 LOCATED ON LOT 22, BLOCK 3, SKYWAY MANOR, H.T. & B.R.R.
SURVEY, A-241, AS RECORDED IN VOLUME 7, PAGE 67 OF THE PLAT RECORDS
OF BRAZORIA COUNTY, TEXAS. (3017 MANVEL ROAD) (APPLICATION NO. 174)
FROM CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO MULTI
FAMILY DWELLING DISTRICT (MF) AT THE REQUEST OF BILLY R. & CAROLYN
GIBSON, 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.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Beckman to
approve Ordinance No. 509-149 (Application No. 213) and Ordinance No. 509-152
(Application No. 174) on their second and final reading.
Mayor Reid called for the vote on ordinance 509-149 (application No. 213).
Voting "Aye" Councilmembers Cole, Berger, and Beckman.
Voting "No" Wilkins.
Motion passed 3 to 1.
Mayor Reid called for the vote on Ordinance 509-152 (Application No. 174).
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Voting "Aye" Councilmembers Cole, Berger, and Beckman.
Voting "No" Wilkins.
Motion passed 3 to 1.
NEW BUSINESS:
FIRST READING OF ORDINANCE NO. 806- AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PEARLAND, TEXAS, FINDING THAT THE CITY HAS ESTABLISHED
GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO
RESOLUTION NO. R96-12; DESIGNATING AND DESCRIBING A REINVESTMENT
ZONE (TO BE KNOWN AS REINVESTMENT ZONE #3), IN ACCORDANCE WITH THE
PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING THAT THE
IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A
BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY
AFTER THE EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING
THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED
BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Councilmember Berger made the motion, seconded by Councilmember Cole to approve
Ordinance No. 805 on its first reading.
Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0
FIRST AND ONLY READING OF ORDINANCE NO. 806 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REVISING THE CAPITAL
IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND; UPDATING IMPACT FEES
IN ACCORDANCE WITH STATE LAW; MAKING CERTAIN FINDINGS; PROVIDING A
PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY
BECAUSE THE NEED FOR CAPITAL IMPROVEMENTS AND IMPACT FEES INURES
TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON
THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY.
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up
Mayor Reid with the consensus of the City Council, advised that Ordinance No. 806 will
- be passed to a future City Council meeting.
COUNCIL'S ACTION - AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
REQUEST BIDS FOR MEDICAL AND LIFE INSURANCE FOR THE CITY OF
PEARLAND EMPLOYEES AND ENTER INTO AN AGREEMENT FOR CONSULTING
SERVICES TO ASSIST WITH THE BID PROCESS.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to
authorize the City Manager or his designee to request bids for Medical and Life
insurance for the City of Pearland Employees and enter into an agreement for consulting
services to assist with the bid process.
Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0
RESOLUTION NO. R97- 40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
APPLY FOR AND EXECUTE ALL AGREEMENTS RELATED TO THE 19.97 TEXAS
PARKS AND WILDLIFE DEPARTMENT RECREATIONAL TRAILS PROGRAM AND
ALLOCATING MATCHING FUNDS FROM THE CITY OF PEARLAND.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Beckman to
approve Resolution No. 97-40.
Grants Director, Janet Berry, addressed Council, regarding a recreational trail. The trail
would be under a mile and it would extend from Pasternak Park to Independence Park,
loop through the section of Independence Park that is close to John Lizer and Liberty
Road. The estimated cost of this project is $ 55,458.00. Mrs. Berry stated that Clean
Pearland has generously agreed to donate $19,000.00 cash towards this project, and the
labor would be volunteer, from the Church of Jesus Christ of Latter -Day Saints. There
should be over 200 volunteers for this project, for an estimated cost of $8,700. Mrs.
Berry stated the matching funds for the grant would be $27,000. None of the matching
funds would come from the City. Mrs Berry is requesting a grant from the Texas Parks
and Wildlife for $27,729.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins.
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Voting "No" None.
Motion Passed 4 to 0
COUNCIL'S ACTION - AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN AGREEMENT FOR ENGINEERING SERVICES NOT TO EXCEED
$50,000.00 FOR THE BRIDGE DESIGN OF MYKAWA ROAD AT HICKORY SLOUGH.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to
authorize the City Manager or his designee to enter into an agreement for Engineering
services not to exceed $50,000.00 for the bridge design of Mykawa Road at Hickory
Slough.
Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0
COUNCIL'S ACTION - AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
PURCHASE AN 800 TRUNKING RADIO SYSTEM THROUGH HGAC NOT TO EXCEED
$550,000.00 AND TO NEGOTIATE A LEASE PURCHASE AGREEMENT OR ACQUIRE
SHORT-TERM FINANCING FOR A PORTION OF THE COSTS ASSOCIATED WITH
SAID PURCHASE.
Councilmember Berger made the motion, seconded by Councilmember, Cole to authorize
the City Manager or his designee to purchase an 800 trunking radio system through
H.G.A.C. not to exceed $550,000.00 and to negotiate a lease purchase agreement or
acquire short-term financing for a portion of the cost associated with said purchase.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins.
Voting "No" None.
Motion Passed 4 to 0
COUNCIL'S ACTION - AUTHORIZING THE CITY MANAGER OR
ENTER INTO AN AGREEMENT FOR ENGINEERING SERVICES
$60,000.00 FOR PHYSICAL MAP REVISIONS OF THE COUNTY
AREA (COWART CREEK).
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HIS DESIGNEE TO
NOT TO EXCEED
ROAD 101 DITCH
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Wilkins to
,— authorize the City Manager or his designee to enter into an agreement for Engineering
services not to exceed $60,000.00 for physical map revisions of the County Road 101
Ditch area (Cowart Creek).
Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0
FIRST READING OF ORDINANCE NO. 790-1- AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 22,
PEDDLERS, OF THE CITY OF PEARLAND CODE OF ORDINANCES (ORDINANCE
NO. 790) TO CLARIFY TERMINOLOGY, AUTHORIZE THE CITY SECRETARY TO
DELEGATE AUTHORITY FOR ADMINISTRATIVE DUTIES HEREUNDER, AND
ADDRESS OTHER ISSUES RELATED TO THE SUBJECT; PROVIDING A PENALTY
FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERA-
BILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
Councilmember Berger made the motion, seconded by Councilmember Cole to approve
Ordinance No. 790-1 on its first reading.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins.
Voting "No" None.
Motion Passed 4 to 0
FIRST READING OF ORDINANCE NO. 509- 154 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN GARDEN ACRES
SUBDIVISION, BEING THE H.C. JOHNSTON 99 ACRE TRACT, ALSO BEING THE
SOUTH 99 ACRES OF SECTION 7 OF THE H.T. & B.R.R. COMPANY SURVEY, A-219,
BRAZORIA COUNTY, TEXAS (APPLICATION NO. 139-150,152-162,195,204,205,209
&210) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF THE OWNERS
OF SUCH REAL PROPERTY, PROVIDING FOR AN AMENDMENT OF THE LAND USE
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k
li 7
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Councilmember Cole made the motion, seconded by Councilmember Wilkins to approve
Ordinance No. 509-154 on its first readings
Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0
COUNCILS ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (APPLICATION NO. 197)
AT THE REQUEST OF BERT & URSULA JONES, OWNER, FOR AN AMENDMENT TO
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF SAID CITY
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS (GB) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: LOTS 13
& 14, SECTION 3, GARDEN ACRES SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE
TRACT, ALSO BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE H.T.& B.R.R.
COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (2538 O'DAY)
COUNCIL'S ACTION - REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (SPECIFIC USE PERMIT
NO. 51) AT THE REQUEST OF BERT & URSULA JONES, OWNER, FOR A SPECIFIC
USE PERMIT FOR A RESIDENTIAL DWELLING IN A GENERAL BUSINESS DISTRICT
(GB) ON THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: LOTS 13 & 14,
SECTION 3, GARDEN ACRES SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE
TRACT, ALSO BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE H.T.& B.R.R.
COMPANY SURVEY, A-219, BRAZORIA COUNTY, TEXAS (2538 O'DAY)
COUNCIL'S ACTION -REGARDING THE RECOMMENDATION FROM THE PLANNING
AND ZONING COMMISSION TO CITY COUNCIL TO DENY (SPECIFIC USE PERMIT
NO. 52) AT THE REQUEST OF BERT & URSULA JONES, OWNER, FOR A SPECIFIC
USE PERMIT FOR A ANIMAL HUSBANDRY IN A GENERAL BUSINESS DISTRICT ON
THE FOLLOWING DESCRIBED PROPERTY, TO -WIT: LOTS 13 & 14, SECTION 3,
GARDEN ACRES SUBDIVISION OF THE H.C. JOHNSTON 99 ACRE TRACT, ALSO
BEING THE SOUTH 99 ACRES OF SECTION 7 OF THE H.T.& B.R.R. COMPANY
SURVEY, A-219, BRAZORIA COUNTY, TEXAS (2538 O'DAY)
Councilmember Berger made the motion, seconded by Councilmember Cole, to accept
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the recommendation of the Planning and Zoning Commission to deny Application
No.197, Specific Use Permit No. 51, and Specific Use Permit No. 52.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny Application No. 197, Specific Use Permit No. 51, and Specific Use Permit No. 52.
E.E. Rader, 2626 O'Day Road, addressed Council opposing the issuance of Application
No. 197, Specific Use Permit No. 51, and Specific Use Permit No. 52.
Mayor Reid read into the record a letter from Dan McMaster, 2614 Thelma Street,
opposing the issuance of Application No. 197, Specific Use Permit No. 51, and Specific
Use Permit No. 52.
Mayor Reid called for the vote on the motion.
Voting "Aye" Councilmembers Cole, Berger, Beckman, and Wilkins.
Voting "No" None.
Motion Passed 4 to 0
OTHER BUSINESS:
X. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session under Texas Government Code at 10:13 p.m.
to discuss the following:
1. SECTION 551.074 - PERSONNEL MATTERS - REVIEW APPLICATIONS
FOR APPOINTMENT OF NEW MEMBER TO THE PLANNING AND
ZONING COMMISSION.
2_ SECTION 551.072 - REAL PROPERTY - DELIBERATION REGARDING
THE PURCHASE OF REAL PROPERTY FOR A WASTEWATER TREAT-
MENT PLANT AND/OR OTHER UTILITIES.
NEW BUSINESS (CONTINUED):
COUNCIL'S ACTION - REGARDING THE APPOINTMENT OF MEMBER TO THE
PLANNING AND ZONING COMMISSION (IF APPLICABLE).
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Mayor Reid with the consensus of the City Council, advised that Council will be
accepting applications for a vacancy on the Planning & Zoning Commission and action
will be taken on a future date.
COUNCIL'S ACTION - DIRECTING STAFF REGARDING THE PURCHASE OF REAL
PROPERTY FOR A WASTEWATER TREATMENT PLANT AND/OR OTHER UTILITIES.
Councilmember Cole made the motion, seconded by Councilmember Wilkins to authorize
the City Manager or his designee to negotiate the acquisition of 3 tracts of property
south of Beltway 8 and west of S.H. 288 for water and or wastewater plants or stations
and to engage Consulting Services associated with these projects and necessary
permits.
Voting "Aye" Councilmembers Wilkins, Beckman, Berger, and Cole.
Voting "No" None.
Motion Passed 4 to 0
XI. ADJOURNMENT
Meeting was adjourned at 10:54 p.m.
Minutes approved as submitted and/or corrected this the —day of
I Pi!, A.D., 1997.
Tom Reid
Mayor
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