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2001-12-10 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PMT° MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 10, 2001, AT 7:00 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 Woody Owens Councilmember Klaus Seeger Councilmember Larry Wilkins City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Deputy City Manager Alan Mueller; Executive Directorof Community Services Tobin Maples; City Engineer John Hargrove; Community Relations Liaison Phibi Vassallo; Director of Community Development and Services Gene Tumlinson; Director of Finance Jim Causey; Public Works Director Jerry Burns; Assistant City Attorney Nghiem Doan; Purchasing Officer Gordon Island. The invocation was given by Bob Lewis and the Pledge of Allegiance was led by Bill Eisen. MAYOR'S ACTIVITY REPORT: Mayor Reid recognized members of the Pearland Access Committee (PAC) for their efforts in successfully disseminating information about the 2001 Pearland Road and Drainage Bond Election held in November. He credits the bond's passage to the PAC's hard work and dedication to the cause. PAC members who were presented certificates of appreciation and recognized included: former Councilmember Helen Beckman, who served as PAC chairman; Paula Scardino who served as PAC treasurer; Billye Everett, Rev. Harold Gentry, David Ransom, Rod McCrary, and Bill Odle. Those who were recognized and not in attendance included: Terrie Morgan, Mark Ingram, Gaylynn Naiser, Jack McGuff, III, Sheryl Greiner, and Brian Armbruster. Staff who were recognized for their contribution include City Manager Bill Eisen, Deputy City Manager Alan Mueller, Community Relations Liaison Phibi Vassallo, Executive Director of Community Services Tobin Maples, Communications Coordinator Mattie Culver, and City Secretary Young Lorfing. Page 1 of 23 - 12/10/2001 7:00 Mayor Reid reported on November 26 he attended the PEDC Monthly; November 27 met with the 91h grade Citizenship Class; November 28 attended a Chamber Luncheon, the Texas Municipal League Opening Session and the TML Annual Meeting; November 29 attended the City's Christmas Tree Lighting; November 30 attended the TML Annual Meeting in which he received, on behalf of the City, the Pearland Recognition Award; December 1 attended the Pearland Oilers football game; December 3 attended the Tri - District School -to -Career Meeting and a Council Workshop; December 5 met with developers and then attended a Pearland Community Hospital Board of Directors Meeting; December 6 attended the Southeast Economic Development Corporation Board of Directors Meeting; December 7 attended Neighborhood Center's "Share Your Christmas", and also did an interview with Channel 13; December 8 attended the Pearland Oilers game and the City's Christmas Party; December 10 attended the Pearland District Education Committee Meeting. COUNCIL ACTIVITY REPORTS: Councilmember Tetens stated he would like to congratulate the Pearland Oiler football team on how far they went this year and what a great job they did. Councilmember Owens stated he attended the City's Christmas Tree Lighting, the Neighborhood Centers, Share Your Christmas" and a fundraiser for the Alvin Community College Foundation. He also congratulated the Pearland Oilers football team on the great job they did. He further stated he attended the Brazoria County Partnership, which is a State Highway 288 coalition to work with Texas Department of Transportation in trying to gain additional funding for improvements to SH 288 in the future. Mayor Pro -Tem Marcott stated he would like to thank the Pearland Access Committee (PAC) on the tremendous job they did on the bond issue. He attended the Texas Municipal League Annual Meeting, which gives the chance to meet with other cities in Brazoria County, as well as some from across the State of Texas. He stated he also attended the City's Christmas Tree Lighting and the Neighborhood Center's Soup Kitchen, which was in preparation for the food drive the following Friday. He congratulated the Pearland Oilers football team on what a great job they did. He further stated he would like to wish everyone a Happy Holiday and Happy New Year. Councilmember Wilkins stated he would like the City to generate some sort of ad to put in the official City paper congratulating the Pearland Oilers on a fine season. He further stated he also attended the City's Christmas Tree Lighting and thought it was wonderful. He reported that Channel 2 has been complimentary to the Pearland Oilers and very Page 2 of 23 - 12/10/2001 7:00 thorough in their reporting and appreciates their attention. He attended the City's Christmas Party and it was very enjoyable. Councilmember Seeger stated he was in receipt of a letter from the City of Seabrook in which they advise other cities of the upcoming Draft Environmental Impact Statement Public Hearing for the proposed Houston Port Authority Container Terminal. This Public Hearing is set for December 12, 2001 at 7:30 p.m. at the George R. Brown Convention Center. This letter encourages the City's input regarding the proposed Container Facility, which would be located in Seabrook. He further stated that City Council needs to become involved in this matter since it will affect the City eventually. CITY MANAGER'S REPORT: City Manager, Bill Eisen, reported on an award the City received at the Texas Municipal League Annual Meeting. This award was received for Innovative Plant Management, which was a program instituted in the Pearland Parks Department by Pearland Parks and Recreation Director, Ed Hersh. This provided for extensive plant care and plant maintenance training for employees in the Parks Department. The demonstration of what they learned is construction of the beautiful rose garden located adjacent to City Hall. He further reported on the City's "Share Your Christmas Program", where 4 families were "adopted". This program provided assistance to people going through difficult times. The W intertest is scheduled for January 12, 2002, which will be a celebration of the season and encourages everyone to attend. He stated in a recent Council Workshop some ideas on ways to shorten City Council meetings were discussed. The first part of that process is taking place this evening where the Consent Agenda will be utilized more than was done in the past. The trend will continue for ways to implement some of the suggestions made by City Council at the Workshop. He reported one of the officers with the Pearland Police Department, Sam Alix, was selected this year to be one of the people to run the Olympic torch. CITIZENS: Bob Lewis, 2905 Country Club Drive, addressed Council and stated he would like to lift up the Honorable Mayor Reid who has been involved in the building of just about every building in the City so far and will be involved in the new hospital coming to Pearland. He presented the Pearland Regional Medical Center Team who were in attendance. Don McCormick, 10851 Scarsdale, addressed Council and stated he is with the Pearland Regional Medical Center Team. He further stated approximately a year ago he began talking to the City about wanting to build a hospital in Pearland. They planned to do for - Page 3 of 23 - 12/10/2001 7:00 profit hospitals in which physicians would fund. He stated he would like to share with Council some development on the for side. The physicians have now committed to approximately $1,500,000 in working capital and they will have approximately $7,000 t for 00 in total investment on their side. The feasibility study has been done and a contract for management of the hospital has also been done. The package was completed after the feasibility study, which was submitted to a number of lenders. The first lender responded with a loan request for approximately $63,000,000. The potential lender stated they would let them know their decision within 21 days. Walton Huff, 2211 Cherry Tree Ridge, addressed Council and stated he is with World Med, Inc., who conducted the feasibility study. He further stated what they have done is put together a 3 -project structure in a holding company by the name of Physicians Facility Development Corporation. Underneath that is Pearland Regional Medical Center and then Pearland Regional Professional Building. Initially, the plan is to have a 56 -bed hospital with full emergency room support, labor and delivery, and other ancillary supports, to provide a broad range of services to the community. They have gone through extensive efforts on pricing for-profit versus not-for-profit operations based on the current cost of capital, what can be provided in long-term, and what savings might be involved in taxes and other issues. The bottom line they came up with is that for-profit makes more sense as far as a pricing standpoint. The community objectives have been at the forefront of what they have come up with, with those objectives being quality health care services and a full range of services with a significant percent dedicated for indigent care. Richard Vincent, 3530 Raincloud Way, addressed Council and stated he is chairman of the AFC Group. The concept they have is for something that brings back the old time community feel of the hospital where there is a small nurse -to -patient ratio and has a high level of care, much like a physicians office. Mayor Reid suggested a Workshop be scheduled for a later date to hear more specific and detailed project information regarding the proposed hospital. DOCKETED PUBLIC HEARING: None. CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION - APPROVAL OF MINUTES: Minutes of the November 12, 2001, Joint Public Hearing held at 6:30 p.m. Page 4 of 23 - 12/10/2001 7:00 2. Minutes of the November 19, 2001, Joint Public Hearing held at 6:30 p.m. 3. Minutes of the November 12, 2001, Regular Council Meeting held at 7:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001- 179 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR A UNIT PRICE SUPPLY CONTRACT FOR SIDEWALK, WHEELCHAIR RAMPS AND STREET/CURB & GUTTER CONSTRUCTION SERVICES. Mr. Gordon Island, Purchasing Officer. C. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001- 185 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A COMMUNITY PARTNER MEMORANDUM OF AGREEMENT WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR COOPERATION IN DEVELOPING UPDATED DIGITAL FLOOD MAPS FOR HARRIS COUNTY. Mr. Jerry Burns, Public Works Director. D. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 1047 - 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 THEY MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO ADOPT AND INCORPORATE BY REFERENCE VARIOUS REGULATORYCODES GOVERNING THE AFOREMENTIONED CHAPTER; 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 TO REGULATE PROPER CONSTRUCTION OF BUILDINGS INURESTOTHE BENEFITOF THE PUBLICAND, THEREFORE, BEARS DIRECTLYUPON THE HEALTH, SAFETYAND WELFARE OFTHE CITIZENRY. Mr. Tobin Maples, Executive Director of Community Services. E. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001- 178 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Page 5 of 23 - 12/10/2001 7:00 PEARLAND, TEXAS, AWARDING A BID FOR DITCH CLEANING SERVICES. Mr. Gordon Island, Purchasing Officer. F. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R2001- 174 - 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 RBC DAIN RAUSCHER, INC. FOR INVESTMENT SERVICES ASSOCIATED WITH THE SELLING OF GENERAL OBLIGATION, CERTIFICATES OF OBLIGATION AND REVENUE BONDS. Mr. Jim Causey, Director of Finance. Mayor Pro -Tem Marcott asked that Consent Agenda Item C be removed from the Consent Agenda for further discussion. Councilmember Tetens made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through F, with the exception of item C, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA: Mayor Pro -Tem Marcott asked that Consent Agenda Item C be removed from the Consent Agenda for further discussion. COUNCIL ACTION - RESOLUTION NO. R2001-185 - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A COMMUNITY PARTNER MEMORANDUM OF AGREEMENT WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR COOPERATION IN DEVELOPING UPDATED DIGITAL FLOOD MAPS FOR HARRIS COUNTY. Mr. Jerry Burns, Public Works Director. CouncilmemberTetens madethe motion, seconded by Council member Owens, to approve Resolution No. R2001-185. Page 6 of 23 - 12/10/2001 7:00 Mayor Pro -Tem Marcott stated this is a situation that applies to Harris County and they have asked Council for information. Brief discussion ensued between Council regarding the agreement with FEMA. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS: FIRST READING OF ORDINANCE NO. 509-553 - 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 FOR A SCHOOL BUILDING ON THE FOLLOWING PROPERTY, BEING 36.34 ACRES OUT OF 41.34 ACRES, BEING A PART OFA.C.H. & B., SECTION 1, A-147, BRAZORIACOUNTY, TEXAS(SPECIFIC USE NO. 97)(2316 OLD ALVIN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT RESIDENTIAL (SD -R) TO SUBURBAN DEVELOPMENT DISTRICT RESIDENTIAL - SPECIFIC USE (SD-R(S)) AT THE REQUEST OF PHILLIP RUTTER OF PBK ARCHITECT, AGENT FOR PEARLAND INDEPENDENT SCHOOL DISTRICT 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 Owens made the motion, seconded by Mayor Pro -Tem Marcott, to approve Ordinance No. 509-553 (Specific Use No. 97) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use No. 97. City Manager, Bill Eisen, stated the applicant in this case is Pearland Independent School District. The subject property is adjacent to Presner Stadium. The intent of the School District, if the zoning application is approved, will be to construct a school facility at the site. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Page 7 of 23 - 12/10/2001 7:00 Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-556 - 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 29.9980 ACRES OF LAND, BEING ALL OF LOTS 10, 11 AND 34, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION, SECTION 8, H. T. & B. R.R. COMPANY SURVEY, A-504, RECORDED IN VOLUME 2, PAGE 24, PLAT RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 997) (1938 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO MOBILE HOME DISTRICT (MH) AT THE REQUEST OF JACK WILLIS, MANAGER OF RAINTREE ACRES AND AGENT FOR CMH PARKS, INC., 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. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-556 (Application No. 997) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 997. City Manager, Bill Eisen, stated this property was annexed into the City a few years ago and, at the time it was annexed, there was a mobile home park located on the property. The proposed zoning case would eliminate the non -conforming status of the existing mobile home park. There will be no physical changes to the mobile home park. This will bring them into compliance since it is currently zoned Suburban Development District. Brief discussion ensued between Council and Staff regarding this zone change. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. Page 8 of 23 - 12/10/2001 7:00 FIRST READING OF ORDINANCE NO. 509-557 - 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 FOR A WAREHOUSE AND OPEN STORAGE ON THE FOLLOWING PROPERTY, BEING 4.69 ACRES, BEING LOT 7A, WHICH IS THE SOUTH Y2 OF LOT 7, ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION OF SUBURBAN GARDENS, SECTION 19, H. T. & B. R.R. COMPANY SURVEY, A-243, AS RECORDED IN VOLUME 111, PAGE 184, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 99) (2109 CULLEN BOULEVARD) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF CLASSIC STORAGE, OWNER, PROVIDING FORAN AMENDMENTOFTHE 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 Seeger, to approve Ordinance No. 509-557 (Specific Use No. 99) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use No. 99. Karen Craig, 2602 Sleepy Hollow Drive, addressed Council and stated she is the requestor of this zone change and would like Council's consideration in approving this zone change. Discussion ensued between Council regarding the zone change request to Commercial District - Specific Use. Voting "Aye" Councilmembers Owens and Marcott. Voting "No" Councilmembers Tetens, Wilkins, and Seeger. Motion Failed 3 to 2. FIRST READING OF ORDINANCE NO. 509-554 - 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 FOR A Page 9 of 23 - 12/10/2001 7:00 SCHOOL TO BE BUILT ON THE FOLLOWING PROPERTY, BEING 86.913 ACRES, SECTION 15, H. T. & B. R.R. COMPANY SURVEY, A-241, OUT OF THE JOHN MASSEY 160 ACRE TRACT RECORDED IN VOL. 708, PAGE 109, BRAZORIA COUNTY DEED RECORDS, AND BEING PART OF A 10 ACRE TRACT RECORDED IN VOLUME 1220, PG 413, BRAZORIA COUNTY DEED RECORDS, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 96) (MANVEL ROAD @ FITE ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SUBURBAN DEVELOPMENT DISTRICT - SPECIFIC USE (SD -(S)) AT THE REQUEST OF PHILLIP RUTTER OF PBK ARCHITECT, AGENT FOR PEARLAND INDEPENDENT SCHOOL DISTRICT 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 Seeger made the motion, seconded by Councilmember Wilkins, to approve Ordinance No. 509-554 (Specific Use No. 96) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use No. 96. City Manager, Bill Eisen, stated the applicant in this case is Pearland Independent School District and their intent, if the zoning application is approved, will be to construct a school facility at the site. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-555 - 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 A SECOND PHASE OF MINI -STORAGE WAREHOUSES ON THE FOLLOWING PROPERTY, BEING LOT 1, BROADWAY WEST SUBDIVISION, OUT OF LOT 20, ALLISON RICHEY GULF COAST COMPANY'S SUBURBAN GARDEN SUBDIVISION AS RECORDED IN VOLUME 2, PAGES 107-108, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS (SPECIFIC USE NO. 98) (10401 BROADWAY STREET) Page 10 of 23 - 12/10/20017:00 FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO COMMERCIAL DISTRICT - SPECIFIC USE (C(S)) AT THE REQUEST OF MICHAEL POLLOK, AGENT FOR 518 INVESTMENTS, LTD., 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. CouncilmemberTetens made the motion, seconded by Councilmember Owens, to approve Ordinance No. 509-555 (Specific Use No. 98) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Specific Use No. 98. City Manager, Bill Eisen, stated this item is for expansion of an existing mini -warehouse facility located across from the Silverlake Shopping Center, which is under construction. Brief discussion ensued between Council and Staff regarding the requested zone change. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-558 - 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 4.965 ACRES, H. T. & B. R.R. COMPANY SURVEY, A-240, OUT OF LOTS 76 AND 77, FIGLAND ORCHARD SUBDIVISION NO. 1, AS RECORDED IN VOLUME 3, PAGE 77, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1010) (2942 WAGONTRAIL ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF C.K. STEPHENSON, AGENT FOR MARIA DE VIVEIROS AND EVANGELOS GOLFIS, 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. Page 11 of 23 - 12/10/2001 7:00 City Manager, Bill Eisen, stated the initiator requested that this item be rescheduled for the January 14, 2002, Regular Council Meeting. Passed with no Council action taken. FIRST READING OF ORDINANCE NO. 509-552 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND BAN DEVELOPMENT F THE CITY OF PEARLAND, TEXAS, ORTDORDINANCE O HE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT H, WESTGATE PARK SUBDIVISION, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1007) (2550 WESTGATE STREET) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF RONNIE P. MOELLER AND JOHN A. MOELLER, 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 Owens made the motion, seconded by CouncilmemberTetens, to approve Ordinance No. 509-552 (Application No. 1007) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1007. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 509-551 - 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 TRACT 3, WESTCHESTER ESTATES, JACK C. MCKNIGHT SURVEY, SECTION 17, H. T. & B. R.R. COMPANY SURVEY, A- 242, AS RECORDED IN VOLUME 12, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 1009) (WESTCHESTER CIRCLE) FROM CLASSIFICATION SUBURBAN PMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY DISTRICT (RE) AT TOHE REQUEST OF WALTER AND ASHLEY LANDRY, OWNERS, Page 12 of 23 - 12/10/20017:00 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 Owens, to approve Ordinance No. 509-551 (Application No. 1009) on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to approve Application No. 1009. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - REGARDING THE RE -OPENING OF JASMINE STREET. Mr. Bill Eisen, City Manager. Councilmember Wilkins madethe motion, seconded by Councilmember Seeger, to re -open Jasmine Street. Charles Sones, 3013 Country Club Drive, addressed Council and stated he represents the Methodist Church and is in favor of re -opening Jasmine Street. John D. Mark, 2029 Isla Drive, addressed Council and stated he represents the Pearland Historical Society and is not in favor of re -opening Jasmine Street. City Manager, Bill Eisen, stated during the Public Hearing on this issue there was a request from Councilmembers that there be a traffic study done for this area. The recommendation from the traffic engineer is for Jasmine Street to remain closed. Discussion ensued between Council and Staff regarding re -opening Jasmine Street. Voting "Aye" Councilmember Wilkins. Voting "No" Councilmembers Tetens, Owens, Marcott, and Seeger. Motion Passed 4 to 1. Page 13 of 23 - 12/10/2001 7:00 COUNCIL ACTION - RESOLUTION NO. R2001-184 - 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 TURNER COLLIE & BRADEN, INC. PROGRAM MANAGEMENT AND PRELIMINARY ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM. Mr. Alan Mueller, Deputy City Manager. Councilmember Seeger made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-184. City Manager, Bill Eisen, stated this item agreement with Turner, Collie, and Braden preliminary engineer on each of the projects. is to authorize a program management and also to authorize this firm to be the Discussion ensued between Council and Staff regarding the proposed agreement with Turner, Collie, and Braden. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO R2001-188 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A TEMPORARY — MORATORIUM ON OUTSIDE STORAGE IN COMMERCIALLY ZONED AREAS. City Council. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-188. City Manager, Bill Eisen, stated this is an item placed on the agenda by Councilmembers Tetens and Seeger. Councilmember Tetens stated there are a number of places in the City where Commercial butts up against Residential. In these situations, it would be in the City's best interest to be able to look at these and decide whether outside storage should or should not be allowed. In the current Land Use Ordinance this is allowed but stated he would like to change the ordinance to state that there needs to be a Specific Use if it is warranted, and Page 14 of 23 - 12/10/2001 7:00 if it is not next to a residential area, then the City may allow the outside storage. If it is next to residential, Council can choose to restrict it. Councilmember Seeger stated it also gives Council more flexibility with Commercial zoning and to model it to the particular application for Specific Use. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - MOTION TO REMOVE FROM TABLE ORDINANCE NO. 1045. City Council. Councilmember Owens made the motion, seconded by Councilmember Wilkins, to remove from the table Ordinance No. 1045. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1045 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, DISCONTINUING AND DISANNEXING CERTAIN TERRITORY FROM THE CITY AND ADJUSTING THE CITY'S BOUNDARIES ACCORDINGLY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO CLARIFY BOUNDARIES BETWEEN ADJACENT MUNICIPALITIES 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 Owens made the motion, seconded by Mayor Pro -Tem Marcott, to amend Ordinance No. 1045 to reflect that the conditional language be removed from the ordinance. City Manager, Bill Eisen, stated this item was previously discussed at a Public Hearing with regard to the disannexation of this tract of land located at the rear of a piece of property Page 15 of 23 - 12/10/2001 7:00 which would be occupied by Wal-Mart. The piece of property is located partly in and partly out of the City limits. There had been discussion on some concerns with regards to what kind of development standards would apply to the piece of property if it were developed outside the City limits. There have also been conversations ongoing between Wal -Mart's ownership and Municipal Utility District No. 6, which is contemplating annexation of the property. The discussions have centered around Wal-Mart agreeing to the development standards of Municipal Utility District No. 6. In the course of those discussions, Wal-Mart has agreed to some but not all of these standards. In order to receive water or wastewater services, Wal-Mart would have to be annexed into Municipal Utility District No. 6 and this would have to be approved by Council. He stated that hopefully by the time this issue comes before Council there will be a formal agreement between the two parties. City Attorney, Darrin Coker, stated according to City Charter, anytime the City disannexes property the property owner is still liable for the taxes on that property. The City is supposed to levy any taxes until the responsibility of any debt that was issued, while that property was part of the City, is retired. In this particular case, Deputy City Manager, Alan Mueller, contacted the City's Financial Advisor, Frank Ildebrando, and they ran some numbers. When calculating the value of the property against the total assessed valuation that the City has, which is $1,800,000,000, their pro rata share is .0067%, which equates to $909.98. Once the City receives payment of that $909.98, the property owners would be relieved of any obligation of any debts incurred through the general obligation bonds that were issued since the property was annexed. There were two general obligation bonds issued from 1998 to present and those are the ones for which they would have responsibility and that is what the $909.98 represents. Section 1 of the disannexation ordinance states that the boundaries of the City are hereby adjusted, provided the property is developed in accordance with the development standards applicable to other commercial developments in Municipal Utility District No. 6. He stated it his recommendation that the motion to approve this disannexation ordinance be amended to reflect that the conditional language be removed from the ordinance. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 1025-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1025, THE 2002 ANNUAL BUDGET ORDINANCE, BY AUTHORIZING THE CREATION OF TWO ADDITIONAL POSITIONS, PLANNER I AND PERMIT CLERK, FOR THE Page 16 of 23 - 12/10/2001 7:00 COMMUNITY DEVELOPMENT DEPARTMENT 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 BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Mr. Tobin Maples, Executive Director of Community Services. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1025-1 on its first and only reading. City Manager, Bill Eisen, stated as the City has progressed through this year it has been noted that there is a need for additional personnel in the Planning area and the Building Inspections area. There continues to be a high caseload activity and from what has been foreseen, this will continue. What is being asked at this point is for Council to authorize these positions for the remainder of the fiscal year and as the budget process begins next year, the City will ask for funding for the full fiscal year. The funding is currently available as a result of unused funds that were associated with monies budgeted for assumed cost of the salary survey. Brief discussion ensued between Council and Staff regarding the need for additional personnel. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-176 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING AN AUDIT COMMITTEE AND APPOINTING A CITY COUNCIL MEMBER TO COMPLETE THE COMMITTEE MEMBERSHIP. Mr. Jim Causey, Director of Finance. Councilmember Wilkins made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-176 and to appoint Councilmember Klaus Seeger to the Audit Committee. Page 17 of 23 - 12/10/2001 7:00 City Manager, Bill Eisen, stated at Council's Annual Retreat the concept of an Audit Committee and an audit rotation system was discussed. The audit rotation system has already been implemented. The Audit Committee is intended to be a direct line of communication between City Council and senior City Management.This line of communication will be for the retention and selection of future audit firms, discussions of audit findings and presentation of auditor's recommendations. Mayor Reid stated the members of the Audit Committee will be himself, Councilmember Klaus Seeger, and City Manager Bill Eisen. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-175 - 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 BRAZORIA COUNTY FOR THE REIMBURSEMENT OF EXPENSES ASSOCIATED WITH THE ENVIRONMENTAL ASSESSMENT OF THE PEARLAND/MANVEL LANDFILL SITE. Mr. Darrin Coker City A ttorney. Councilmember Seeger made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-175. City Manager, Bill Eisen, stated some months ago the City received notice from TNRCC and EPA that they had some concerns with material buried in an old landfill that was operated at one time by the City of Pearland. The result of this is that discussions began in terms of if the City could obtain engineering services to do some of the initial assessments that would be required. City Attorney, Darrin Coker, stated that this property is not owned by the City but was given to the City, for a brief time, by Brazoria County. The agreement with Brazoria County had a reversionary clause that stated after the City stopped using it as a landfill it would revert back to the County. Brazoria County acknowledges this but when it comes to environmental remediation the State does not look to who the current property owner is but the chain of title and who would have had possession and ownership at that time since it is not sure when the property could have been contaminated. Since the property does belong to Brazoria County, they have taken the lead role and have contracted with an Page 18 of 23 - 12/10/2001 7:00 environmental consultant, Berg Oliver Associates, Inc., who will be doing the assessment on this property. This agreement is to reimburse Brazoria County for some of their expenses in this process. Discussion ensued between Council and Staff regarding the interlocal agreement for environmental assessment. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-181 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE SOUTHWEST ENVIRONMENTAL CENTER DETENTION BASIN AND CONTROL STRUCTURE. Mr. Jerry Burns, Public Works Director. Council member Tetens made the motion, seconded by Councilmember Owens, toapprove Resolution No. R2001-181. City Manager, Bill Eisen, stated the Southwest Environmental Center (SWEC) Detention facility is a joint project between the City and Brazoria County Drainage District No. 4. This resolution is to award a construction contract "SWEC Detention Basin and Control Structure, B2001-063" to Bean Construction in the amount of $1,976,636.71, with Bid Alternate No. 2 selected. Brief discussion ensued between Council and Staff regarding bids for construction of the SWEC Detention Basin and Control Structure. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-183 - 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 WALSH/FREESE & NICHOLS, INC. ENGINEERING SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD 21" SANITARY SEWER IMPROVEMENTS. Mr. Joe Wertz, Jr., Projects Director. Page 19 of 23 - 12/10/2001 7:00 Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Owens, to table Resolution No. R2001-183. City Manager, Bill Eisen, stated this contract is for the engineering design on a section of sewer line from Oakbrook Drive to Cowart Creek. It is a continuation on a project that has already begun. It is recommended that the contract be awarded to Walsh/Freese & Nichols, Inc. in the amount of $33,770. Deputy City Manager, Alan Mueller, stated there is no specific timeline for completion date but there is a time estimate in this contract. The sewer line cannot be built until right-of- way is acquired on Dixie Farm Road. Brief discussion ensued between Council and Staff regarding the award of this contract. City Attorney, Darrin Coker, stated he recommends Council table this item. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-182 - 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 OTHON, INC. ENGINEERING SERVICES ASSOCIATED WITH THE HICKORY CREEK AND COLONIAL ACRES SUBDIVISIONS WATER AND WASTEWATER IMPROVEMENTS. Mr. Joe Wertz, Jr., Projects Director. Mayor Pro -Tem Marcott made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2001-182. City Manager, Bill Eisen, stated this is a contract for engineering services related to wastewater collection lines. The recommendation is to award the contract to Othon, Inc. Vincent Obregon with Othon, Inc. addressed Council and stated the subconsultant for surveying on this project is Walsh Surveying. A firm for technical services has not been chosen since they are waiting to find out the extent, during preliminary design, before making a recommendation. Page 20 of 23 - 12/10/2001 7:00 Discussion ensued between Council and Deputy City Manager, Alan Mueller, regarding this contract. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-180 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR REPLACEMENT OF THE MCLEAN GROUND STORAGE WATER TANK. Mr. Jerry Burns, Public Works Director. Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2001-180. City Manager, Bill Eisen, stated this is for replacement of an existing ground storage water tank. The bid was substantially below the resulting engineers estimate and is below budget. I Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-177 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER ASSOCIATED WITH THE INSTALLATION OF THE FIGLAND SEWER LINE. Mr. Jerry Burns, Public Works Director. Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-177. City Manager, Bill Eisen, stated Council had previously authorized this project with a contract in the amount of $199,819.50. Over the course of the project, several issues were dealt with including restoring the street pavement and dealing with grease traps that were located behind a number of the homes that the City was not aware of at the time of the Page 21 of 23 - 12/10/2001 7:00 contract. The result is the cost of this project increased and additional funds are needed in the amount of $26,320.40. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens, Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-187 - 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 BURLINGTON NORTHERN SANTA FE RAILROAD FOR REHABILITATION OFTHE WALNUT STREET CROSSING. Mr. Jerry Burns, Public Works Director. Counci[member Tete ns made the motion, seconded by Councilmember Owens, to approve Resolution No. R2001-187. City Manager, Bill Eisen, stated the proposed work would make improvements to the railroad intersection at Walnut Street, The scope of work will include 104 feet length that will accommodate the widening of Walnut Street, which is a couple of years down the road. Brief discussion ensued between Council and Staff regarding improvements to the railroad intersection at Walnut Street. Voting "Aye" Councilmembers Tetens, Owens, Marcott, Wilkins, and Seeger. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION - RESOLUTION NO. R2001-186 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER FOR CONSTRUCTION SERVICES FOR INFLOW AND INFILTRATION IMPROVEMENTS IN THE LONGWOOD SERVICE AREA. Mr. Jerry Burns, Public Works Director, Councilmember Owens made the motion, seconded by Councilmember Wilkins, to approve Resolution No. R2001-186 for BRH Garver, Inc. in the amount of $101,305.00 for additional pipe bursting along Longwood Drive. Page 22 of 23 - 12/10/2001 7:00 City Manager, Bill Eisen, stated this change order is for BRH Garver, Inc., in the amount of $101,305.00, for additional pipe bursting. These funds are available through the Texas Water Development Board. Brief discussion ensued between Council regarding the change order. Voting "Aye" Councilmembers Seeger, Wilkins, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. ADJOURNMENT: Meeting was adjourned at 9:15 p.m. Minutes approved as submitted and/or corrected this the 14T" day of January, 2002. Tom Reid Mayor Page 23 of 23 - 12/10/2001 7:00