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2006-04-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 10, 2006, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:37 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Kevin Cole — in Chambers at 8:45 p.m. Councilmember Richard Tetens Councilmember Woody Owens Councilmember Larry Marcott Councilmember Steve Saboe City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Others in attendance: Assistant City Manager Nick Finan; Assistant City Manager Mike Hodge; Police Chief J.C. Doyle; City Engineer Doug Kneupper; Director of Finance Claire Manthei; Public Works Director Danny Cameron; EMS Director Jeff Sundseth; Project Director Joe Wertz. The invocation was given by Councilmember Saboe and the Pledge of Allegiance was led by Police Chief J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid stated that the City of Pearland had experienced the tragedy of losing a child, Robbie Little. He attended a Memorial and tree planting for Robbie on March 28. Mayor Reid stated it is good to see the citizens of Pearland reach out and help support the family in their time of loss. Mayor Reid reported on March 28, he attended the Bay Area Transportation Partnership Membership Breakfast, attended the Keep Pearland Beautiful Environmental Fair, and spoke at the Green Tee Home Owners Association's Candidate Night; March 29, he attended the BMI Breakfast Meeting, attended the City Monument Committee Meeting, attended the Trees for Pearland Committee Meeting, chaired the Development Authority Board Meeting, and chaired the Citizen Corps Board of Directors Meeting; March 30, attended Dr. Staples, UHCL President's, State of the College Report, presented the Mayor's State of the City to the Bella Vista Home Owners Association, presented a certificate to departing Florentino Sanchez, and attended the Bay Area Transportation Partnership Executive Committee; March 31, spoke to high school students attending a tour of City Hall; April 3, attended the Agenda Meeting, the Council Workshop, and Special Meeting; April 4, sat in on a conference call with Congressman Tom Delay; April 5, read to and visited with Head Start students, visited with the Ashton Park Home Owners Association President, Anthony Miller, and chaired the Workshop with Pearland ISD, PEDC Board, and City Council; April 6, attended the Houston Port Alliance Page 1 of 11 — 4/10/2006 Legislative Committee Meeting, joined the PEDC Board for a check presentation to Triton Products, attended the Chamber Expo Event, and attended the Southeast Shriner Club Monthly Meeting; April 7, attended the Houston Port Alliance Executive Committee Meeting, attended Representative, Glenda Dawson's, presentation luncheon, attended the Partners for Pearland Annual Fundraising Event, led the "Cancer Society's Walk for Life; April 8, judged booths for the PTA Council Fundraiser and spoke at the Eagle Scout Court of Honor for Joe Langford. Mayor Reid presented a proclamation to the Knights of Columbus, proclaiming April 22, 2006 ,19th Annual Crawfish Festival Day." Mickey Mark, Pearland Historical Society, addressed Council and stated this evening will change the history of Pearland. One hundred and twelve years ago, in 1894, the City of Pearland was founded by a man, thought to be named, William Zychlinski. Through research performed by Margurite Massey Smith, it was discovered that the founder of Pearland was actually a Polish Nobleman named Witold De Zychlinski. Ms. Smith has generously donated a framed portrait of Mr. Zychlinski and a framed copy of the family Coat of Arms to the City. Mayor Reid asked candidates for the upcoming Election to introduce themselves. Helen Beckman stated she is running for City Council Position No. 2. Felicia Kyle stated she is running for City Council Position No. 4. Randy Patro stated he is running for City Council Position No. 4. COUNCIL ACTIVITY REPORTS Councilmember Tetens, Owens, and Marcott passed on giving a report. Mayor Pro -Tem Cole was absent from Council Chambers. Councilmember Saboe thanked the City of Pearland employees for the Keep Pearland Beautiful Event he attended on March 30, 2006. The City has a wonderful Recycling Center and he would like to invite everyone to utilize the facility. CITY MANAGER'S REPORT City Manager Bill Eisen reminded everyone that all City offices will be closed April 14, 2006, in recognition of the Good Friday Holiday. CITIZENS Mike Watson, 2104 Roland Rue Avenue, addressed Council and stated he first appeared before Council to oppose the widening of Yost Road. The project had a Page 2 of 11 — 4/10/2006 shaky start and he would like to thank and congratulate Council for handling the problems and getting a contractor that is doing the job right. He stated a dangerous situation occurred at the April 8, 2006, Easter Egg Hunt. The Easter Egg hunts were divided into two fields; one for children two years old and under, and another for children three -to -five years old. There was only one organizer there with a bullhorn and near the street there were two police officers with bicycles. The hunt was supposed to be for children only and no adults, which was announced several times. Mr. Watson stated a woman and two children entered the field early and began picking up eggs and were not stopped. At this time the organizer should have removed the people but instead allowed everyone to go onto the field. The adults began to push people and step on a little girl. In closing, he stated the organizer and another parent stopped to see if the girl was hurt. These types of events need to be better controlled to prevent this type of situation from happening in the future. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the March 20, 2006, Joint Public Hearings held at 6:30 p.m. 2. Minutes of the March 27, 2006, Regular Council Meeting held at 7:30 p.m. 3. Minutes of the April 3, 2006, Special Meeting held at 7:00 p.m. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1261 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 58.0994 ACRES OF LAND. Mr. Darrin Coker, City Attorney. C. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER KEVIN COLE'S ABSENCE FROM THE MARCH 13, 2006, REGULAR COUNCIL MEETING. City Council. D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE COUNCILMEMBER STEVE SABOE'S ABSENCE FROM THE MARCH 13, 2006, REGULAR COUNCIL MEETING. City Council. E. CONSIDERATION AND POSSIBLE ACTION — SUBDIVISION ACCEPTANCE OF SHADOW CREEK RANCH SF -48. Mr. Doug Kneupper, City Engineer. F. CONSIDERATION AND POSSIBLE ACTION — FIRST AND ONLY READING OF ORDINANCE NO. 1262 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE FOR THE CONSTRUCTION OF ROAD AND UTILITY IMPROVEMENTS ON CERTAIN Page 3 of 11 — 4/10/2006 REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Marcott asked that Consent Agenda Item B 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 B, as presented on the Consent Agenda. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Cole absent. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Marcott, Consent Agenda Item B was removed for further discussion. B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL READING OF ORDINANCE NO. 1261 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 28 OF 58.0994 ACRES OF LAND. Mr. Darrin Coker, City Attorney. Councilmember Tetens made the motion, seconded by Councilmember Saboe, to approve Ordinance No. 1261 on its second and final reading. City Manager Bill Eisen stated this Ordinance consists of 58 acres of land in two tracts. The property wraps around Lowes Home Improvement at the corner of Pearland Parkway and FM 518. It also includes a small tract located off of O'Day Road. Councilmember Marcott stated he asked that this item be removed. This item was brought up at the last meeting and he opposed it then and opposes it now. The Ordinance will annex the land into an In -City Municipal Utility District. The practice of In - City MUDs is no longer necessary and needs to stop. He strictly opposes this Ordinance and the negative impact he feels it will have on the taxes of Pearland. Page 4 of 11 — 4/10/2006 Councilmember Tetens stated he is in agreement with Councilmember Marcott. The citizens of Pearland are not receiving a benefit from the incentive to the developers. Councilmember Saboe stated he asked the developer to keep Council abreast of their progress. The developer has contacted him twice with updates and he feels the development is on the right track. Mayor Reid stated the City has been supportive of In -City MUDs and will benefit from this development. He would like to have a separate Workshop on the future of allowing a MUD program. Councilmember Owens stated he feels the development will benefit the City and supports the plan. The developer has commitments and is working at a fast pace to complete the development. Voting "Aye" Councilmembers Owens and Saboe. Voting "No" Councilmembers Tetens and Marcott. In order to break the tie vote, Mayor Reid cast his vote. Voting "Aye" Mayor Reid. Motion Passed 3 to 2, with Mayor Pro -Tem Cole absent. NEW BUSINESS FIRST READING OF ORDINANCE NO. 2000M-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 10.00 ACRES OF LAND, LOT 64, OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION OF SECTION 19, H. T. & B.R.R. COMPANY SURVEY, ABSTRACT 243, AS RECORDED IN VOLUME 400, PAGE 590, OF THE BRAZORIA COUNTY DEED RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET), AND EAST OF WESTGATE STREET) (ZONE CHANGE APPLICATION NO. 2006-10Z) FROM CLASSIFICATION SUBURBAN RESIDENTIAL -12 DISTRICT (SR -12) TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE REQUEST OF JOSEPH BENES, APPLICANT FOR JUDITH I. POSTON, BETTY P. HILL, DONALD E. BENES, AND JOSEPH BENES, OWNERS, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager. Page 5 of 11 — 4/10/2006 Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 2000M-1 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2006-10Z. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Cole absent. FIRST READING OF ORDINANCE NO. 2000M-2 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 71.70 ACRES OF LAND IN THE H. T. & B.R.R. COMPANY SURVEY, SECTION 80, ABSTRACT 564, BEING ALL OF LOTS 40, 41, 47 THROUGH 50, THE EASTERLY HALF OF LOT 39 AND A WESTERLY PORTION OF LOT 51, BLOCK 80, OF THE ALLISON-RICHEY GULF COAST HOME COMPANY SUBDIVISION RECORDED IN VOLUME 2, PAGE 98, OF THE BRAZORIA COUNTY MAP RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF BROADWAY STREET, AND ON THE WEST SIDE OF STATE HIGHWAY 288) (ZONE CHANGE APPLICATION NO. 2006-13Z) FROM CLASSIFICATION SINGLE FAMILY ESTATE DISTRICT (R -E) TO PLANNED DEVELOPMENT DISTRICT (PD), AT THE REQUEST OF JAMES JOHNSON AND TRAILS DEVELOPMENT, LTD., APPLICANT FOR WILLIAM WALSH AND TRAILS DEVELOPMENT, LTD., OWNERS, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager. Councilmember Marcott made the motion, seconded by Councilmember Owens, to approve Ordinance No. 2000M-2 on its first reading. Mayor Reid read into the record the Planning & Zoning Commission's recommendation to forward to Council for approval of Application No. 2006-13Z. City Manager Bill Eisen stated this Ordinance is approximately 71 acres of land and is a Planned Unit Development with primarily residential uses, but includes some commercial use. The land is located off of Broadway Street west of SH 288 and is located immediately south of Shadow Creek Ranch. Councilmember Tetens stated he didn't support this item before and will not support it now because he feels the density is too high. Page 6 of 11 — 4/10/2006 Councilmember Owens asked Assistant City Manager Nick Finan if the Planning and Zoning Board was satisfied with the development plan for the property. Assistant City Manager Nick Finan stated the Planning and Zoning Board was satisfied with the changes. Councilmember Marcott stated he is concerned with the commercial development in the front of the development. It was his understanding that commercial development was to be at intersections only. He feels the City will have too many strip -centers if it continues to allow this type of development. Brief discussion ensued between Council, Mayor Reid, and Assistant City Manager Nick Finan regarding the Ordinance. Voting "Aye" Councilmembers Saboe and Owens. Voting "No" Councilmembers Marcott and Tetens. In order to break the tie vote, Mayor Reid cast his vote. Voting "Aye" Mayor Reid. Motion Passed 3 to 2, with Mayor Pro -Tem Cole absent. FIRST READING OF ORDINANCE NO. 2000M-3 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING 1.03 ACRES OF LAND, LOT 25, OF WESTCHESTER ESTATES, ABSTRACT 242, H. T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF FM 518 (BROADWAY STREET), AND ON THE EAST SIDE OF WESTCHESTER CIRCLE) (ZONE CHANGE APPLICATION NO. 2006-12Z) FROM CLASSIFICATION SINGLE FAMILY RESIDENTIAL -1 DISTRICT (R-1) TO GENERAL BUSINESS RETAIL DISTRICT (GB), AT THE REQUEST OF JAMES D. AND L. ELAINE THOMAS, OWNERS, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Assistant City Manager. This item was withdrawn as requested by the applicant. No action taken by Council. COUNCIL ACTION — RESOLUTION NO. R2006-45 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE PAYMENT TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DIXIE FARM ROAD PROJECT (PHASE 1). Mr. Bill Eisen, City Manager. Page 7 of 11 — 4/10/2006 Councilmember Saboe made the motion, seconded by Councilmember Owens, to approve Resolution No. R2006-45. City Manager Bill Eisen stated this Resolution is a formality that is a follow-up to the existing agreement with the Texas Department of Transportation for the Dixie Farm Road Project. The Resolution authorizes the City to make the payment to TxDOT prior to their awarding of the bid. It is the matching money minus the cost already incurred by the City for design and reviews. The amount due to TxDOT is $4,676,465.77, which is consistent with the grant funding. Councilmember Owens stated it is amazing that the management fee has increased from 9% to 11 %. He asked if the City has looked at the traffic control plan for the area included in the project. City Manager Bill Eisen stated he knows that the Council has been concerned about adding signage to detour traffic. The difficulty is that in large sections of the area the only detour would be through a residential area and the City does not want to promote traffic flow into the residential areas. Discussion ensued between Council and City Manager Bill Eisen regarding the project. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Cole absent. COUNCIL ACTION — RESOLUTION NO. R2006-46 — 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 KLOTZ AND ASSOCIATES FOR ENGINEERING SERVICES (HYDRAULIC DESIGN) ASSOCIATED WITH THE BAILEY/OILER ROAD PROJECT. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2006-46. City Manager Bill Eisen stated this Resolution was discussed during the project update from the early Workshop. Councilmember Marcott asked if the work has any impact on the work that is being looked at for Cowards Creek. Project Director Joe Wertz stated that the work does not have any impact on the Cowards Creek Project. A preliminary hydraulic analysis had been conducted and now the final hydraulic analysis has been performed. It defines how to design the POD, exactly what the detention requirements are, and how to design the weir. Page 8 of 11 — 4/10/2006 Brief discussion ensued between Council and Project Director Joe Wertz regarding the project. Voting "Aye" Councilmembers Saboe, Marcott, Owens, and Tetens. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Cole absent. FIRST READING OF ORDINANCE NO. 1263 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NAMING A PORTION OF THE BELTWAY 8/SH 288 FRONTAGE ROAD AS BASS PRO SHOPS DRIVE; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Tetens, to approve Ordinance No. 1263 on its first reading. City Manager Bill Eisen stated this Ordinance covers a small section that connects Frontage Road on Beltway 8 to an existing Frontage Road on SH 288. Voting "Aye" Councilmembers Tetens, Owens, Marcott, and Saboe. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Cole absent. Mayor Pro -Tem Cole entered Council Chambers at 8:45 p.m. COUNCIL ACTION — REGARDING ACCEPTANCE OF THE PROPOSAL FOR SERVICES TO IMPLEMENT THE DEVELOPER/BUILDER SIGN. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Saboe, to accept the proposal for service to implement the developer/builder sign. City Manager Bill Eisen stated the program is designed to encourage developers and builders to utilize a master sign program instead of putting up multiple signs to advertise. Assistant City Manager Nick Finan stated both potential vendors are present at the meeting to answer any questions from Council. Staff has reviewed the proposals and reference checks. Information was received from the Clear Channel Group that one Page 9 of 11 — 4/10/2006 vendor is having difficulties with a contract with the City of Dickinson. He was unable to contact the City Administrator to verify what the issues were. City Manager Bill Eisen stated that it is possible to wait and make contact with the other City to get more information on what the issue with the other contract is. Councilmember Owens stated that he spoke with Ivan Langford with the City of Dickinson and discussed their unresolved issues with the City of Dickinson contract. Lengthy discussion ensued between Council, Mayor Reid, City Attorney Darrin Coker and Assistant City Manager Nick Finan regarding the current sign regulations. City Manager Bill Eisen stated there is an impression that an Ordinance has not been enforced with regard to builder signs. Until the adoption of the new Unified Development Code, builders were allowed to have separate signs for each subdivision that they were building. Councilmember Saboe made the motion, seconded by Mayor Pro -Tem Cole, to table the motion to be further discussed in a Workshop. Voting "Aye" Councilmembers Saboe, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Tabled 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 9:06 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.087 — CONSULTATION WITH CITY ATTORNEY — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. Mr. Bill Eisen, City Manager. 2. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 10:14 p.m. Page 10 of 11 — 4/10/2006 COUNCIL ACTION — REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. City Council. No action taken by Council. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY — CITY FACILITIES. Mr. Darrin Coker, City Attorney. No action taken by Council. ADJOURNMENT Meeting was adjourned at 10:14 p.m. Minutes approved as submitted and/or corrected this the 24th day of April, A.D., 2006. Tom Reid Mayor ATTEST: • • !2,;z W,-J- J I -,Z-e Page 11 of 11 — 4/10/2006