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2001-08-27 CITY COUNCIL REGULAR MEETING MINUTES067 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 27, 2001, 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 Tom Reid Mayor Pro -Tem Larry Marcott Councilmember Richard Tetens Councilmember Klaus Seeger Councilmember Larry Wilkins City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent Councilmember Woody Owens. Others in attendance: Executive Director P.E.D.C. Mike Chance; Deputy City Manager Alan Mueller; Executive Director of Community Services Tobin Maples; Police Chief J.C. Doyle; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo; Director of Finance Jim Causey; Director of Administrative Services Mary Hickling; Assistant City Attorney Nghiem Doan; Purchasing Officer Gordon Island; Grants Coordinator Chris Kidwell; Assistant Director of Finance Cindy Soto. The invocation was given by Councilmember Wilkins and the Pledge of Allegiance was led by Chief of Police J.C. Doyle. MAYOR'S ACTIVITY REPORT: Mayor Reid and Judge Cheney presented a plaque and proclamation to retiring Judge Roy Simmons who has served as Municipal Court Judge for 33 years with 23 of those years serving in the City of Pearland. Mayor Reid proclaimed August 27, 2001 as "Judge Roy Simmons Day". Mayor Reid introduced Fred Welch, Executive Director of Brazoria County Partnership, who gave a brief presentation regarding the accomplishments and goals of the Brazoria County Partnership. Brazoria County Partnership is an association of 7 Chambers of Commerce in Brazoria County who have joined together to form a countywide Economic Development and Chamber of Commerce Association which includes a 21 member board Page 1 of 24 - 08/27/2001 of directors. The focus is on regional development across Brazoria County and working with Harris and Ft. Bend counties to look for quality growth and success. Brazoria County grew from a population of 191,000 in 1990 to 241,000 in the 2000 census. With this growth rate, Brazoria County will soon be the 3rd largest county, outside of Houston. Mr. Welch also reported that on October 4, 2001, the Brazoria County Partnership Annual Membership Dinner will be held at the Knights of Columbus Hall in Pearland. Mayor Reid reported on August 15 he attended a Chamber Luncheon; August 16 he attended a Chamber Leadership Council Meeting and the Gulf Coast Water Authority Board of Directors Meeting; August 17 he attended the Bay Area Transportation Council Annual Meeting; August 20 he attended the Pearland Economic Development Corporation Monthly Meeting and a Council Workshop; August 21 he attended an HGAC Board of Directors Meeting and a dedication of the High School Football Stadium; August 22 he spoke to the Exchange Club; August 23 he attended the funeral service of former Brazoria County Commissioner Billy Joe Plaster and also attended the funeral service of Judy Burns, wife of City of Pearland's Public Works Director Jerry Burns. He also attended a Pearland College Board of Governors Meeting; August 24 he attended a Transportation Policy Council Board of Directors Meeting and also the Pearland Neighborhood Center's Annual Ball. COUNCIL ACTIVITY REPORTS: No activity reports given. Mayor Pro -Tem Marcott stated he would like to thank Deputy City Manager, Alan Mueller, for working with TX Dot and the City of Houston to have a left turn lane on Beltway 8 and Highway 35. Mayor Pro -Tem Marcott reported traffic was moving a lot smoother. CITY MANAGER'S REPORT: City Manager, Bill Eisen, reported there are 2 vacant positions on the Planning and Zoning Commission and applications for those positions had been received. The 6 finalists will be contacted to arrange interviews with City Council for September 17, 2001. CITIZENS: Charles McMurrey, 5209 Spring Branch Drive, addressed Council and stated he is in favor of Ordinance 509-531, which is a request for zone change from Commercial and Heavy Industrial District to Single Family District. Pearland Independent School District has a new Page 2 of 24 - 08/27/2001 M, secondary school adjacent to this property and Wedgewood Subdivision is directly across the street. He reported he had spoken to certain PTSD officials who were also in favor of the zone change. He stated last week the Pearland Economic Development Corporation, which serves exclusively at the pleasure of City Council, approved a board resolution, dated August 20, 2001, opposing the zone change to residential district. He further stated Council needs to give direction to the PEDC Board as to what citizens have been repeatedly saying since the last election and before. He stated the public has been clear on their desire to not put new industrial areas near existing homes and schools. Tammy Brasel, 4650 Dixie Farm Road, addressed Council and stated she is the Team Manager for Southeast Texas Flood Recovery Project which offers free, confidential crisis counseling for recent flood victims. This service is provided by the Gulf Coast Center and funded by the State of Texas. She stated she would like to thank City Manager Bill Eisen, Grant Coordinator Chris Kidwell, all City workers and loving citizens in the community for their help while her team worked as counselors at the Disaster Recovery Centers during the recent natural disaster, Tropical Storm Allison. She stated she would like to inform everyone that this organization is out there going door to door in the community to offer their services and to see that citizens are doing okay after the storm. Southeast Texas Flood Recovery Project is located at 4650 Dixie Farm Road. Michael Castleberry, 5609 Megan, addressed Council and stated he would like to address a drainage issue at a proposed restaurant to be located at the junction of Hatfield Road and Jasper. The City had opened the drainage ditches on Hatfield Road to drain water into the South retention pond. He stated, according to City approved plats, no water from Hatfield Road should enter the retention pond. He stated this issue has been brought to City Staff's attention with no resolution. He would like this issue resolved before there is another flood or hurricane, since it is still hurricane season. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: Minutes of the August 13, 2001, Public Hearing held at 6:30 p.m. Minutes of the August 13, 2001, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, Page 3 of 24 - 08/27/2001 070 CHANGING THE REGULAR MEETING TIMES AND DATES FOR SEPTEMBER 2001. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 989-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO INCREASE THE MUNICIPAL COURT TECHNOLOGY FEE; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE, AN EXPIRATION DATE, AND FOR PUBLICATION. Ms. Cheryl Garcia, Municipal Court Administrator. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to adopt the Consent Agenda Items A through C, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Marcott, Wilkins, and Seeger. Voting "No" Motion Passed 4 to 0, with Councilmember Owens absent. MATTERS REMOVED FROM CONSENT AGENDA: None. NEW BUSINESS: FIRST READING OF ORDINANCE NO. 509-528 - 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 AND GRANTING A SPECIFIC USE PERMIT TO ALLOW CHEMICAL BLENDING AND PACKAGING ON THE FOLLOWING PROPERTY, BEING 17.5664 ACRES, H. T. & B. R.R. COMPANY SURVEY, SECTION 11, A-239 AND THE A. C. H. & B. R.R. COMPANY SURVEY, SECTION 2, A-147, DESCRIBED IN DEED RECORDED IN VOLUME 1228, PAGE 894, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 94) (3807 MAGNOLIA) FROM CLASSIFICATION LIGHT INDUSTRIAL DISTRICT (M-1) TO LIGHT INDUSTRIAL DISTRICT - SPECIFIC USE (M -1- (S)) AT THE REQUEST OF BERNARD A. CORREIA, AGENT FOR CORREIA HOLDINGS, INC.,OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN Page 4 of 24 - 08/27/2001 071. EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Tobin Maples, Executive Director of Community Services. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to deny Ordinance No. 509-528 (Specific Use No. 94) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Specific Use No. 94. Bill Eisen, City Manager, stated this is a proposed Specific Use Permit which would allow chemical blending and packaging at 3807 Magnolia. Mayor Reid stated the decision and agreements with this particular company were reached by PEDC personnel who are no longer on Staff or on the PEDC Board. Tom Seiler, 3902 Fernwood Drive, addressed Council and stated he is opposed to this zone change to Light Industrial District - Specific Use. This area has an established neighborhood, parks and schools and is an obvious mismatch. JoAnn Nutt, 3610 Teakwood, addressed Council and stated she is presenting to Council a petition with 136 signatures from Pearland citizens who are opposed to this zone change. Meta Kirby, 17020 Berry Road, addressed Council and stated she is opposed to this zone change due to nearby schools and neighborhoods. She stated her concern is hazardous chemicals and further stated this is an accident waiting to happen and questions whether Pearland is equipped to handle any type of a hazardous chemical spill. Don Laws, 3900 Block of Fernwood Drive, addressed Council and stated he has done research on this issue and the chemical the plant would be using has a high flash point and could explode under certain circumstances. The chemicals for blending would also be stored in tanks located on-site. The chemicals to be stored in the tanks has no color and you would not be able to tell if it was leaking into the ground. Cathy Ruff, 3117 Maryfield, addressed Council and stated she is opposed to this zone change due to it's proximity to her neighborhood and the new hospital. She further stated the influx of people coming to the hospital would not look favorably on a chemical plant being located nearby. Councilmember Tetens stated this is not a chemical plant but a chemical blending plant. He further stated he is not opposed to a chemical blending plant but this zone change is Page 5 of 24 - 08/27/2001 072 for a Specific Use Permit and the requestor has not been specific enough about what chemicals they would be blending or the quantity of chemicals proposing to be stored at this site. He stated these are things that need to be known before making a rational decision. Councilmember Seeger stated he is concerned about the lack of information provided and not having enough to make an informed decision. Voting "Aye" Councilmembers Tetens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 509-531 - 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 80 ACRES OUT OF THE F. B. DRAKE SURVEY, A-508, SECTION 12, H. T. & B. R.R. CO. SURVEY, CITY OF PEARLAND, BRAZORIA CO., TX (APPLICATION NO. 988)(VETERANS ROAD @ SPRINGFIELD AVENUE) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) AND HEAVY INDUSTRIAL DISTRICT (M-2) TO SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF JAMES CORNELIUS OF SOW ELL & COMPANY, AGENT FOR MARY F. EDWARDS, 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. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to table Ordinance No. 509-531 (Application No. 988) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation regarding Application No. 988 which resulted in a vote of 2-2. Bill Eisen, City Manager, stated this is a proposed zone change from Commercial District and Heavy Industrial District to Single Family District on Veterans Road at Springfield Avenue. Page 6 of 24 - 08/27/2001 073 JoAnn Nutt, 3610 Teakwood, addressed Council and stated she is presenting to Council a petition with 128 signatures from Pearland citizens who are in favor of this zone change. Don Laws, 3900 Block of Fernwood Drive, addressed Council and stated this proposed zone change is a positive since they will be building houses, generating more income and property values will increase. Mark Lejune, 3912 Greenwood Drive, addressed Council and stated he is in favor of this zone change. He further stated he feels that Pearland should remain primarily housing and development as it is now. Tom Seiler, 3902 Fernwood Drive, addressed Council and stated he lives in the subdivision across from the area being discussed and would like for it to remain a large field, but if it is going to be used he would rather there be homes as opposed to Industry, which is how it is presently zoned. Ronald L. Lott, 3901 Dogwood Drive, addressed Council and stated he is a fairly new resident of Pearland and lives in Westwood Village. He further stated his choice for the area across the street from Westwood Village would be Residential, as opposed to Industrial. Howard Mays, 2200 Post Oak Boulevard, addressed Council and stated he represents the landowner, Mary Edwards, who has owned this land for 50 years. He further stated she would like Council's consideration and approval of this zone change to Residential. James Cornelius, 1601 Elm Street, addressed Council and stated he is with Sowell and Company and is the agent for owner Mary Edwards. He further stated most of the area is R-2 and would like Council's consideration to approve this application for zone change. He stated if Council feels this area should be R-2 and still has some questions, it might be in Council's interest to table this item for further consideration. Mr. Cornelius stated he would rather have a positive decision, but understands and would be happy to work with Staff. Derrek Bell, 4013 Cedarwood, addressed Council and stated he is in favor of this zone change. Pearland is a Master Planned Community and it makes sense that Residential zoning should be next to schools. Page 7 of 24 - 08/27/2001 074 Mayor Reid stated Pearland is a Master Planned Community. At some point this Commercial zoned area was allowed to deviate from the Master Plan permitting a subdivision to be built. He further stated it would be wise to table this issue to take a look at this area. The Council should review the Comprehensive Plan and decide if this area should be all Residential or all Commercial. Councilmember Tetens stated he suggested at the Public Hearing that before Council considers this and acts on it there needs to be a Workshop to look at this area to determine what is the best use for it. His suggested this item be tabled for further consideration. Councilmember Seeger stated a couple of years ago a request was made by someone who requested a zone change to Residential in this general area and Council denied their request. At that time Residential was inappropriate for this area but now since there is a school coming into the area everything has changed in the last 2 years. At this point this zone change is something he feels is appropriate but if Council just plugs it into one spot it does not solve the problem since the surrounding area is zoned M-1 and M-2 which is Commercial. The Comprehensive Plan should be reviewed by Council to make the necessary adjustments to account for changes in the demographics with the way this area was developed. Councilmember Wilkins stated he supports the zone change due to the changed demographics in this area but with due respect to other Councilmembers he would also support tabling this item if this is what is recommended. He further stated he feels he has done enough homework on this issue to make a decision but is willing to learn more. Mayor Pro -Tem Marcott stated this area is M -1/M-2 and not Specific Use for chemical plants. People keep calling this a chemical plant but this is Industrial zoning which would be similar to Kemlon, Turbocare, Industrial Polymers, etc. These are clean businesses and not something bad. He stated he feels this area should remain Industrial/Commercial and when the time comes he will support this but will go along with tabling this item. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. Mayor Reid adjourned the meeting for a brief recess at 8:50 p.m. Page 8 of 24 - 08/27/2001 075 Mayor Reid called the meeting back to order at 8:53 p.m. FIRST READING OF ORDINANCE NO. 509-529 - 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 2, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 10, H. T. & B. R. R. COMPANY SURVEY, A-505, SAID LOT CONTAINING 10 ACRES, MORE OR LESS, MORE FULLY DESCRIBED IN DEED TO I.L. MEWLIN, RECORDED IN VOLUME 116, PAGE 111, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 985)(1445 STONE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF KERRY AND EVELYN WHITE, 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. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-529 (Application No. 985) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to deny Application No. 985. City Manager, Bill Eisen, stated this is a request for zone change from Suburban Development District (SD) to Mobile Home District (MH). Councilmember Tetens stated during the Public Hearing the applicant wanted to place one mobile home on the property. If this land is zone changed to Mobile Home District and later sold, the new owners could put in more mobile homes. Mayor Pro -Tem Marcott stated the P&Z recommendation was to deny 3-1 but P&Z Commissioner Scherrer and Chairman Viktorin questioned whether there could be a way to have a Specific Use and another zoning classification to allow for 2 additional mobile homes to be moved in. Page 9 of 24 - 08/27/2001 Executive Director of Community Services, Tobin Maples, stated there is no way to do a Specific Use change. To move in a manufactured home it has to be zoned Mobile Home District. City Attorney, Darrin Coker, stated this is reflective of recent changes to Pearland's Land Use Ordinance. Mayor Pro -Tem Marcott asked if it will take a super majority to approve this ordinance. City Attorney, Darrin Coker, stated there would have to be a super majority. Voting "Aye" None. Voting "No" Councilmembers Tetens, Marcott, Wilkins, and Seeger. Motion failed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 509-530 - 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 173.496 ACRES, H. T. & B. R.R. CO. SURVEY, SECTION 81, A-300, BEING ALL OF THE SW 1/4 OF SAID H. T. & B. R.R. COMPANY SURVEY, SECTION 81, TOGETHER WITH ALL OF LOT 5, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, AS RECORDED IN VOLUME 2, PAGE 98, MAP RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 984)(DALLAS ROAD (CR 59)) FROM CLASSIFICATION SUBURBAN DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF JAMES JOHNSON OF LINGO PROPERTIES, INC., AGENT FOR LARRY BRIGGS, 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. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Tetens, to table Ordinance No. 509-530 (Application No. 984) on its first reading. City Manager, Bill Eisen, stated this is north of County Road 59 and west of SH 288 Page 10 of 24 - 08/27/2001 077 Mayor Reid read into the record the Planning & Zoning Commission's recommendation regarding Application No. 984 which resulted in a vote of 2-2. James M. Johnson, 15938 Seahorse, addressed Council and stated he is with LinGo Properties, agent for owner Larry Briggs. He further stated he knew some of the concerns at the Joint Public Hearing were the impact this zone change may have on traffic on SH 288. He presented a letter to Council which he received from Janelle at TX Dot which included plans for an overpass to relieve this problem. Included in the letter he presented to Council was project scheduling for this overpass. He had a meeting 2 weeks ago with the Chief Engineer from TX Dot who told him SH 288 will go over County Road 59 and will be similar in nature to SH 288 and FM 518 intersection. Tracy Goza, 17225 EI Camino Real #347, addressed Council and stated he is with LinGo Properties and they are trying to get R-2 zoning with 8085 square feet per lot and does follow the City's Comprehensive Plan. Executive Director of Community Services, Tobin Maples, stated one of the Planning & Zoning Commission's concerns was safety issues associated with traffic. City Attorney, Darrin Coker, stated some of the concerns raised by the Planning & Zoning Commission, in the motion, are concerns which should be addressed at the platting stage. Mayor Pro -Tem Marcott stated his concern was an area there that is zoned SD and a small portion of it someone wants to put in a subdivision. This whole area needs to be looked at and he recommends tabling this issue. Councilmember Seeger stated the issue of traffic had been adequately addressed. Voting "Aye" Councilmembers Tetens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 509-532 - 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 Page 11 of 24 - 08/27/2001 PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 49.85 ACRES, CONSISTING OF 29.12 ACRES IN LOT 126 AND 7.46 ACRES IN LOT 121, BOTH LOCATED IN A-147, A. C. H. & B. SURVEY; AND 13.27 ACRES LOCATED IN TRACTS 1 A & 1 B, A-399, T.D. YOCUM SURVEY, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 987) (JOHN LIZER ROAD)FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-2) AT THE REQUEST OF KEN CAFFEY, AGENT FOR AMVEST PROPERTIES, INC, 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. This item was passed with no Council action taken. FIRST READING OF ORDINANCE NO. 509-533 - 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 18, GARDEN ACRES, SECTION 3, AS RECORDED IN VOLUME 10, PAGE 77, OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 982)(2632 O'DAY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF BRUCE A. COLIGAN, AGENT FOR R. WEST DEVELOPMENT COMPANY, INC. 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. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-533 (Application No. 982) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 982. City Manager, Bill Eisen, stated the location is 2632 O'Day Road. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Tetens. Page 12 of 24 - 08/27/2001 Voting "No" None. MJ Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 509-534 - 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 3.030 ACRES IN LOT 11, H. T. & B. R.R. CO. SURVEY, SECTION 14, A-509, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 983)(BAILEY ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DISTRICT (R-1) AT THE REQUEST OF ANTHONY AND DONNA SPRIGGINS, 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. Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Marcott, to approve Ordinance No. 509-534 (Application No. 983) on its first reading. Mayor Reid read into the record the. Planning & Zoning Commission's recommendation to approve Application No. 983. Voting "Aye" Councilmembers Tetens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 1025 - AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002. Mr. Jim Causey, Directorof Finance. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 1025 on its first reading. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Tetens. Page 13 of 24 - 08/27/2001 M Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO.1024 - AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 2001, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Mr. Jim Causey, Director of Finance. CouncilmemberTetens made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 1024 on its first reading. Voting "Aye" Councilmembers Tetens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2001-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SALES AND USE TAX AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6. Mr. Darrin Coker, .Cify Attorney. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-112. City Manager, Bill Eisen, stated this is an item in which Council has held a couple of Public Hearings. The Sales and Use Tax Agreement will allow the City to collect its sales and use tax within the boundaries of Brazoria County Municipal Utility District No. 6 which is conditioned upon Council approving the Reimbursement Agreement for certain traffic improvements. Mayor Pro -Tem Marcott stated he has some concerns about wording in the agreement which states that the District will no longer be required to include a voluntary contribution on customer utility bills for fire and EMS services. The City and taxpayers have been paying for Fire Department, EMS services and citizens in the MUD's have been reaping Page 14 of 24 - 08/27/2001 ME the benefits. The little contribution the City gets each month from these citizens is greatly needed and appreciated. There are 2 ladder trucks on order which are over $600,000 each which were purchased jointly between the City and PEDC. There is 1 more fire truck which is almost $300,000 that will be delivered by the end of 2001. The City also recently took delivery of a $92,000 ambulance. Part of these will be moved to the new Fire Station being built on Cullen Road. He stated the fact that the district no longer wants to be burdened by the few dollars the City gets is quite disturbing. This needs to be approved because other items included in this agreement are necessarybut the district needs to know the City needs the money for providing these services. Councilmember Seeger stated he feels that this is one heck of a deal and appreciates it very much. This will be approximately 2.4 million a year in potential revenue for the City's one-time outlay of $460,000 and $90,000 for the Fire Department. Peter Harding, Attorney for Brazoria County MUD No. 6, stated it was the board's thinking that the sales tax revenue would be more than a fair quid pro quo for the several thousand dollars a year collected on the Fire and EMS service. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Tetens Voting "No" None. r -- Motion Passed 4 to 0, with Councilmember Owens absent. FIRST AND ONLY READING OF ORDINANCE NO. 1022 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.6 OF TWO TRACTS OF LAND TOTALING APPROXIMATELY 129.8479 ACRES; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO DETERMINE THE BOUNDARIES OF MUNICIPAL UTILITY DISTRICTS IN THE CITY'S EXTRATERRITORIAL JURISDICTION INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to. approve Ordinance No. 1022 on its first and only reading. Page 15 of 24 - 08/27/2001 082 City Manager, Bill Eisen, stated, as in the past, Council is required to consent to the annexation of the additional, approximately 129 acres. Brief discussion ensued between Mayor Pro -Tem Marcott and Deputy Manager, Alan Mueller, regarding the layout of the map of this area. Voting "Aye" Councilmembers Tetens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2001-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TRAFFIC IMPACT ANALYSIS REIMBURSEMENT AGREEMENT WITH LMR SILVERLAKE RETAIL PARTNERS, LTD., WAL-MART STORES, INC., RANDALL'S FOOD & DRUGS, L.P., AND FM 518 INVESTMENTS, J.V., RELATING TO CONSTRUCTION OFTRAFFIC IMPROVEMENTS ADJACENT TO NEW RETAIL AND OFFICE DEVELOPMENTS ALONG FM 518 NEAR STATE HIGHWAY 288. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2001-108. City Manager, Bill Eisen, stated, as indicated in the previous item, Council's approval of this specific Reimbursement Agreement is one of the conditions by the MUD No. 6 Board of the earlier item which is the Sales and Use Tax Agreement. Ed James, representing Moody Rambin Interests which does leasing and project development with LMR Retail Partners, stated they contracted to buy a 54 acre tract from Silverlake which Randall's had purchased 2 years ago. Traffic impact has been discussed and studied with City Staff, TX Dot, etc. His company went back to Silverlake and asked if there was any way they, as the developer, could be helped since they were saddled with a tremendous cost at the last minute since the scope of this project grew. Anthony Voigt, 4910 Linden Place, representing Klotz & Associates stated they discovered City Staff wanted to look at a more global approach to this since there were quite a few Page 16 of 24 - 08/27/2001 081 developments on the north and south side of FM 518. A consortium of developers in the area had Klotz & Associates complete the Traffic Impact Study for the area. Deputy City Manager, Alan Mueller, stated there were 2 meetings which took place on this issue. It was discovered that certain improvements were required at certain trigger points so, from City Staff's perspective, Staff is pleased with improvements in the agreement. Mayor Pro -Tem Marcott asked when the road work will begin. Ed James stated Randall's has begun their work. LMR Retail Partner's work is under design but they are obligated by agreements with retailers to have traffic signals in and road work completed by March 2002. Discussion ensued between Council and representatives as to the specifics of the improvements. Voting "Aye" Councilmembers Tetens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 1023 -AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORGANIZING DEVELOPMENT AND BUILDING FEES IN ONE ORDINANCE TO IMPROVE CUSTOMER SERVICE; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. CouncilmemberTetens made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 1023 on its first reading. City Manager, Bill Eisen, stated this accomplishes fees the City collects being in one ordinance so it will be easier for the public and City Staff to use and also incorporates changes in fees. Mayor Pro -Tem Marcott stated he is concerned with the submittal of plans from Engineering firms and the City's Engineering staff going through and marking them up at Page 17 of 24 - 08/27/2001 1:I great length and consumption of time and then the plans being resubmitted without the Engineering firms making the proper changes. He feels the City should begin charging Engineering firms, when they come in with plans and City Staff starts marking them up, when they see problems. He further stated the City should send the plans back and tell the Engineering firms to bring them up to the City's standards since they are very clear. Mayor Reid stated it is like the City doing the engineering work for the Engineering firms. City Manager, Bill Eisen, stated a possible solution to this problem would be if plans are submitted a second time, after a mark up, and the plans are wrong. The City could deny the application. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2001-113 - 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 DONALD R. WARD & ASSOCIATESTO COORDINATE ACTIVITIES UNDER THE FEMA BUYOUT PROGRAM. Mr. Chris Kidwell, Grant Coordinator. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2001-113. City Manager, Bill Eisen, stated this is for consideration of a contract with Donald R. Ward & Associates, which is a consultant firm who has experience coordinating FEMA buyouts for other local jurisdictions. With this being a labor intensive process and also a sensitive issue, assistance is needed with coordinating the FEMA buyout for 96 flood damaged homes. Frank J. Lucco and Associates will coordinate the appraisal process to make sure it is uniform from one appraisal to the next. Mayor Pro -Tem Marcott asked how many houses this involves. Chris Kidwell, Grants Coordinator, stated the application has been approved for 96 homes. At this time there is complete documentation from 75-80 residents and expects another 10 - Page 18 of 24 - 08/27/2001 I 12 to come in. He stated he believes there will be approximately 85-95 eligible, complete applications by the end of this week. Voting "Aye" Councilmembers Tetens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. FIRST READING OF ORDINANCE NO. 1026 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 29, TRAFFIC, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED, BY REPEALING THE OLD ARTICLE XVI, TRUCK TRAFFIC, AND ADDING A NEW ARTICLE XVI, TRUCK TRAFFIC, ESTABLISHING LOAD LIMITS ON STREETS WITHIN THE CITY, ESTABLISHING PERMITS, ESTABLISHING TRUCK ROUTES, PROVIDING FOR ENFORCEMENT AND PENALTIES, AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Wilkins made the motion, seconded by CouncilmemberTetens, to approve Ordinance No. 1026 on its first reading. City Manager, Bill Eisen, stated this Ordinance has been modified slightly as a result of a work session Council had recently on this issue. The primary change is that Dixie Farm Road has been removed as a truck route. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION -'RESOLUTION NO. R2001-115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE ACQUISITION, DEMOLITION, AND MAINTENANCE OF CERTAIN PROPERTIES LOCATED IN HARRIS COUNTY THAT Page 19 of 24 - 08/27/2001 1.. WERE FLOODED AS A RESULT OF TROPICAL STORM ALLISON. Mr. Darrin Coker, City Attorney. Councilmember Seeger made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2001-115 and to direct Staff to negotiate a change so some of these vacated lots can be utilized for other purposes, other than what is in the agreement. City Manager, Bill Eisen, stated Harris County Flood Control District has offered to provide the necessary funds to purchase homes in the FEMA buyout program that are located in Harris County. At this time this should be approximately 6 homes. Councilmember Seeger asked when you have a situation such as this, where a home is removed and you have an open lot and 2 other lots, is there a way that provisions could be made where that lot can be shared, yards expanded to include that empty lot or it could be absorbed into the neighborhood. City Attorney, Darrin Coker, stated under this proposed agreement it does not appear to be something that could be done. Initially, the City was told by Harris County that the City would be able to do so but Harris County's version of the agreement removes the possibility of such. City Manager, Bill Eisen, stated those specific conditions only relate to the 6 homes in Harris County. Provisions, from all indications from FEMA, are that once the City acquires these properties the City cannot sell the properties but they can be leased to other parties as long as nothing structural is built on these properties. Councilmember Seeger asked if this is a standard contract or if this is specifically a very important point to Harris County. City Attorney, Darrin Coker, stated during the meeting with Harris County Flood Control District, this was not something that was made a big issue by Harris County but this later come back into the agreement. Councilmember Seeger asked if these 6 homes are situated together. City Manager, Bill Eisen, stated several of these homes are grouped together. Mayor Pro -Tem Marcott asked if there is a possibility the City can approve this on the condition that there could be further negotiation so that City can do what Councilmember Seeger suggested. Page 20 of 24 - 08/27/2001 087 City Attorney, Darrin Coker, stated he recommends Council approve the form of this agreement with Harris County this evening but also directing Staff to negotiate that provision. Voting "Aye" Councilmembers Tetens; Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2001-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR A UNIT PRICE SUPPLY CONTRACT TO FURNISH ROAD REHABILITATION SERVICES. Mr. Gordon Island, Purchasing Officer. Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Resolution No. R2001-109. City Manager, Bill Eisen, stated this contract is for major preparatory work that will be done prior to overlays and streets in the City with those overlays being done through the City's agreement with Brazoria County. The proposed contract is for an estimated expenditure of $350,000. Mayor Pro -Tem Marcott asked if the City anticipates spending $350,000 between now and October. City Manager, Bill Eisen, stated this is a one-year contract and does not coincide with fiscal years. Deputy City Manager, Alan Mueller, stated if Council awards the bid now the City may use what is left in this fiscal year before using what is budgeted for next year. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2001-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER Page 21 of 24 - 08/27/2001 FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE FITE/HARKEY SEWER IMPROVEMENT PROJECT. Mr. John Hargrove, City Engineer. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-114 and the dollar amount to be $99,829.54. City Manager, Bill Eisen, stated this is a change order request for the City's agreement with Triple B Services, Inc. to do the Fite/Harkey sewer improvement project. The change order includes additional placement of manholes, adjustments in bid quantities, asphalt restoration, etc. which is normal in these types of contracts. Mayor Pro -Tem Marcott stated a part of the change order is for Flagmen's hours being 2793 hours more than estimated, which means the original estimation was for 200 hours. City Engineer, John Hargrove, stated this is normal to bid projects with a certain arbitrary number of hours for Flagmen. In order to establish an hourly price it is almost impossible to predict how many Flagmen hours will be required. This is why there is a contingency. Mayor Pro -Tem Marcott stated the is concerned with the amount. It does not look good that 200 hours were bid and 2933 hours were actually used. He stated someone should be able to come up with a more realistic estimation of Flagmen hours based on the road being narrow, etc. Deputy City Manager, Alan Mueller, stated the City has ongoing projects with this engineering firm which are almost complete. In the future, the City will probably be looking elsewhere. Mayor Pro -Tem Marcott stated things in this change order request look strange and funny and if he is up there spending the public's money he needs to be looking at what the City is spending it on. Voting "Aye" Councilmembers Seeger, Wilkins, and Tetens. Voting "No" Councilmember Marcott. Motion Passed 3 to 1, with Councilmember Owens absent. COUNCIL ACTION - RESOLUTION NO. R2001-111 - 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 KLOTZ Page 22 of 24 - 08/27/2001 089 ASSOCIATES, INC., FOR ENGINEERING SERVICES ASSOCIATED WITH THE SWEC WASTEWATER DISCHARGE PERMIT AMENDMENT. Mr. John Hargrove, City Engineer. Councilmember Wilkins made the motion, seconded by Councilmember Seeger, to approve Resolution No. R2001-111 with the expenditure required being $58,400 and the amount budgeted being $20,000 and the City needing an additional appropriation requirement of $38,400. City Manager, Bill Eisen, stated the current SW EC wastewater discharge permit will expire on September 1, 2003 and this is a required permit amendment for expansion due to projected growth. Mayor Pro -Tem Marcott asked if this engineering firm will be providing a senior engineer rather than a junior engineer or EIT like the previously discussed item. Deputy City Manager, Alan Mueller, stated the Project Manager will be Fred Mills who is a Project Engineer and was the Project Manager on 2 similar, previous City projects. He further stated that, in all fairness, the previously discussed engineering firm's EIT has done work with the City before with no problems. The only problem was with the Firm assigning a major project to an EIT and feeling the City was not getting the attention they deserved, but there was nothing personal against that particular individual. Voting "Aye" Councilmembers Tetens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Councilmember Owens absent. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 10:08 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.072 - REAL PROPERTY: DISCUSSION REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY -ALONG LIBERTY DRIVE. Mr. Darrin Coker, City Attorney. Page 23 of 24 - 08/27/2001 090 2. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY: REGARDING POTENTIAL LITIGATION - CITY FACILITIES. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:45 p.m. COUNCIL ACTION - DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL PROPERTY- ALONG LIBERTY DRIVE. Mr. Darrin Coker, City Attorney. No Council action taken. COUNCIL ACTION - INSTRUCTION TO THE CITY ATTORNEY REGARDING POTENTIAL LITIGATION - CITY FACILITIES. Mr. Darrin Coker, City Attorney. No Council action taken. ADJOURNMENT: Meeting was adjourned at 10:46 p.m. Minutes approved as submitted and/or corrected this the 10`h day of September, 2001. ATTEST: Mayor Page 24 of 24 - 08/27/2001