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HomeMy WebLinkAboutCC Minutes 2006-11-06 Special 11/06/06 2574 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( NOVEMBER 06, 2006 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, NOVEMBER 06, 2006, AT 4:30 PM AND A REGULAR MEETING AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM CHRIS PEDEN COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER JAY HORECKY COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON CITY MANAGER BO MCDANIEL DEPUTY CITY SECRETARY MELINDA WELSH Mayor Smith called the meeting to order. 4:30 PM—SPECIAL SESSION Discussion was held regarding the City Capital Improvements Program (CIP). Community Development Director Dan Johnson spoke regarding the Capital Improvement Program and gave historical information on this program and presented a PowerPoint presentation. The Capital Improvements Program consists of Planning, Projects, Prioritization, Procurement, Project Scheduling, and Programming. Regarding Planning, where projects came from, regarding planning, Comprehensive Plan, Groundwater Reduction Plan, Master Drainage Plan, Major Thoroughfare Plan, Parks and Open Space Master Plan, Vision 2020. Regarding Projects, Sponsoring Department Identified, General Scope, Project Description, Staff Cost Estimate. Regarding Prioritization, is an Objective Criteria for each project, is it consistent with Council Goals, planning document, included in 2003 Bond, external mandate, recipient of benefits, decreases operation and maintenance, external funding available. Regarding Prioritization, is it consistent with Council goals, Vision 2020 (R2005-02), improve drainage, maintain high level of public service, develop Civic Center, improve transportation, develop additional parks, planning document include plan adopted by Council, study authorized by Council, there is no specific planning document, included in 2003 Bond are specific planned projects, general proposition language, yes Fire Station, partially West Spreading Oaks, external mandates are Animal Control Building, partially Records Retention Center, recipient of benefits are the City for the Library, neighborhood for the Clover Acres Drainage, and Staff for the Fire Training upgrades, decreases of operation and maintenance are the Animal Control Building partially Melody Lane, external funding available for the Texas Department Of Transportation for Brittany Bay and partially Galveston County Consolidated Drainage District for FM 2351 drainage. Regarding Procurement, identify funding sources: 2003 General Obligation Bond is $20 million, Fund Balance is $3.5 million, 2007 General Obligation Bond is approximately $10 million bonding capacity and voters determine. Regarding Project Scheduling, combine prioritization and funding sources, assign year, short term projects are 5 years, long term projects are less than 5 years. Regarding Programming, the detailed scope, detailed cost estimate, Preliminary Engineering Report (PER), schematic and programming, results are 30 projects identified, 3 funding sources identified, projects ranked, almost 20 of the 30 can be done in the next 5 years, annual update of the CIP. Implement fund balance for remaining 3 phases of Annalea drainage and remaining 4 phases of Sunmeadow drainage, consider 2007 Bond Election for 4 projects which are Animal Control building, FM 2351 drainage, FM 518 drainage, Library, 2007 Projects are 2003 11/06/06 2575 Bond Projects that cover Clover Acres drainage, Glenshannon drainage, Mission Estates drainage, Fire Station #4 and Fund Balance, all 3 phases of Annalea drainage and all 4 phases of Sunmeadow drainage, 2008 Projects are the 2003 Bond Projects, Melody Lane, W. Spreading Oaks and the 2007 Bond Projects are Animal Control building, Library, FM 518 drainage, FM 2351 drainage. 2010 Projects are Brittany Bay and Friendswood Link, next steps are for Council to agree with approach, Staff updates draft CIP, Staff presents water and sewer projects, Staff presents final CIP, CIP adopted, current CIP projects are Glenshannon drainage (easement), Public Safety Building (fence), EI Dorado (Harris County), Brittany Bay (alignment) and Beamer Road (utilities). Council held a question and answer session with Dan Johnson. Councilmember LeCour stated projects should be prioritized by citizens wants and not just Staff. Dan Johnson stated they tried to be objective when making the priorities. City Manager Bo McDaniel stated it sounds like Dan Johnson and Staff used due diligence to make those choices that would make Council happy. Dan Johnson stated funding never entered into the prioritization factoring, when he presented the CIP manual a year ago he was told by Council this was too much information and did a five year plan, talked about general cost up until this point, moved cost numbers up from year to year without allowing for inflation and that is how we have gotten in trouble in the past. Mayor Smith stated this document as a living document will be passed on to Staff and Council no matter who they are down the road, Dan Johnson stated water and sewer project prioritization needs to be next, Councilmember LeCour stated Council needs a workshop soon on priorities and work with the Staff on setting the priorities, Dan Johnson stated they wanted to hand this to Council and let Council work with it, City Manager Bo McDaniel stated this is a great document, Staff worked hard, there are financial parameters we need to work with, when you put it to voters for a vote the first thing they will ask is how much will this cost, discussed generational equity, Mayor Smith stated this needs to move forward, Councilmember Hill stated we have projects that have been on hold for 30 years and Council needs to make tough decisions, this has been put off too long, Dan Johnson stated, regarding the Public Safety Building, the Homeowners Association (HOA) has asked the Community Development Department to ask Council if they would consider a change order to put landscaping as a buffer, lowest estimate is $10,000, put 8 ft. "good neighbor" fence, 3 homes would be affected, Mayor Smith stated what would happen if we do no put up, Dan Johnson stated cyclone fence with masonry wall, HOA President Janis Lowe stated cyclone fence was put up and should not have but was approved by the City, will put this subject on the next meeting's agenda, Mayor Pro-Tem Peden asked if City Manger Bo McDaniel can take care of it Council would not need to, Dan Johnson stated Glenshannon drainage was better at the last flooding rain, received lots of calls, project can come in at the budget identified, has not come to fruition because they have not obtained the easement, is not a funding issue if we go with the preferred alignment and was part of the 2003 Bond, regarding EI Dorado-has an opportunity to do an Interlocal Agreement with Harris County to have a four lane road from Blackhawk to Hwy 45, Mayor Smith asked if a workshop is put together can this be ready to discuss, Brittany Bay alignment, does Council want to proceed in the same direction, Mayor Smith stated a workshop will be necessary. Discussion was held with the Zoning Board of Adjustment and Appeals (ZBOA) regarding Special Exceptions. Zoning Board of Adjustment Chairman Ron Decker introduced members of ZBOA that were present which was Greg Hughes, Ric Miller, Mike Czarowitz, David O'Brien, Linda Thornton, Steve Knis and Elisabeth Wagner. Chairman Decker gave a PowerPoint presentation regarding special exceptions, authority of the Zoning Board of Adjustment (ZBOA) is given by Texas Local Government Code 211.009, the ZBOA is a quasi judicial body with authority in three specific areas (211.009(a)) which are appeals from administrative decisions in the enforcement of the Zoning Ordinance, special exceptions as permitted by the governing body and variances in specific cases, administrative appeal authority is given by Texas Local Government Code 211.010, and can be brought by a person aggrieved by the decision, or any officer, department, board, or bureau of the City affected by the decision, an appellant must file an official appeal form with the ZBOA and a hearing must be held within 45 days as required by Ordinance, the appeal stays all proceedings in furtherance of the action that is appealed, special exception authority is given by Texas Local Government Code 211.008, the City Council may authorize the Board of Adjustment, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of the Zoning Ordinance that are consistent with the general purpose and intent 11/06/06 2576 of the ordinance, must be permitted and required by the City Council, the City Council has not done so, variance authority is given by Texas Local Government Code 211.009, variances should be granted only in limited instances, the ZBOA may authorize, in specific cases, a variance from the terms of the Zoning Ordinance if the variance is not contrary to the public interest, and due to special conditions, a literal enforcement of the ordinance would result in an unnecessary hardship and so that the spirit of the ordinance is observed and substantial justice is done. Further discussion was held regarding what a hardship is, it is a prerequisite to a variance, the hardship test asks," Does the enforcement of the ordinance destroy any reasonable use of his property?" (Reiter v. City of Keene, 601 S.W.2d 547 (Tex. App. —Waco 1980)), in other words, "Is the environment such that the lot is not reasonably adapted to a conforming use?" (Board of Adjustment v. Stovall, 218 S.W.2d 286 (Tex. City. App. — Fort Worth 1949, no writ)), asked if hardship, is something more than financial, "Unnecessary Hardship" language expressly limits the ZBOA's power to grant a variance: "The Code expressly provides that the unique circumstances existing on the property so as to justify granting a variance must be something other than a financial hardship. A variance is not authorized merely to accommodate the highest and best use of the property, but where the Zoning Ordinance does not permit any reasonable use of such lot." (Board of Adjustment of the City of San Antonio v. Willie, 511 S.W. 2d 591 (Tex. City. App. — San Antonio 1974, writ)), Financial hardship is not a special condition envisioned by the statute. (Battles v. Board of Adjustment and Appeals of the City of Irving, 71 S.W.2d 297 (Tex. App. — Dallas 1986, no writ), example of variances is the applicant wants to put a pool in his backyard, because of the configuration of the house and the physical characteristics of the lot, the only place for the pool requires 5 foot encroachment into the side yard set-back. The neighbors do not oppose. Another example is the applicant is building a house, permit was issued six weeks ago and signed by the Building Official. Plans submitted to Building Official show a 4 foot encroachment into required front yard, the house is 50% complete, to comply with the ordinance would cost $30,000. Another example is the applicant wants to build a house on a corner lot, because the sides of the lot are on two streets, he has greater set-back requirements than lots in the middle of the block. The lot is oddly configured so that he can only place a building pad with a 25 foot depth on the lot without encroaching on the set-backs. Regarding variances - granting of variances when all of the requirements for a variance are not present becomes a legislative or Council function. Granting of variances in the absence of all elements of a variance can seriously erode the comprehensive zoning plan. Zoning regulations are a very long-term, planning device, there are many legally existing, nonconforming uses of the land that take time to be eliminated. The ZBOA asked Council to meet and consider allowing special exception authority, gave examples about citizens requesting covered patios, Development Review Committee (DRC) is trying to come up with parameters for breezeways, other example is Perry's Steakhouse is requesting for a portable building, had to disapprove the variance because of the ordinance, the info received from City Attorney John Olson showed special exceptions examples from other cities is limited, ZBOA is not seeking a broad and general exception, another example is at final inspection a builder discovers setback is too close does it constitute a hardship, Mayor Smith stated he has seen some of the problems and favors granting special exceptions but would like to hear other opinions, Councilmember Measeles asked if it sets a precedent when they allow variance or does it stand on its own merit, Chairman Decker stated it does not set a precedent, City Attorney John Olson stated the City has to keep in mind that anytime the Board is allowed to use it's own common sense, the City gets into trouble, it is a legislative decision, should be solved by changing the ordinance and not by allowing special exceptions, the Board is a judicial body and not a legislative body, cannot do general special exception authority, Councilmember Measeles asked John Olson if other cities have special exceptions, City Attorney John Olson assured no, not for general exceptions, stated it could be discriminatory if the City does not allow across the board, Councilmember Hill asked about Perry's Steakhouse being denied and told them to come up before Council to discuss changing the ordinance, does not think Council should put restraints on ZBOA, should help them and the people they are trying to help, City Attorney John Olson stated ZBOA is not the architectural control committee but a quasi judicial body, Mayor Smith asked if ZBOA would prepare a list of special exceptions they would like to have, Ron Decker stated he feels like his job is to deny variances and would like special exceptions to approve for variance when it makes sense, feels like most issues are new most of the time and not many that come back again and again, Vice Chairman Greg Hughes stated ZBOA does not want to change the 11/06/06 2577 ordinances but to make a special exception, member David O'Brien stated ZBOA wants wiggle room, Councilmember LeCour stated he would like to hear how ZBOA feels about ordinances and if they recommend changes, Vice Chairman Greg Hughes suggested turning in a quarterly report to Council of cases that come up with suggested changes, Councilmember Horecky says he would like ZBOA to be able to grant special exceptions when warranted, which is their job, would like to see a list from ZBOA, ZBOA member Steve Knis spoke about the case presented of a garage being too close, the builder volunteered to put in special drains to help with drainage, Councilmember Ewing stated the immediate need is special exceptions and for ordinance change recommendations later, Mayor Smith stated he would like them to do all so they can get the ball rolling, stated the consensus from Council is that they want to see the lists and appreciates the Board's effort. CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071 — Consultation with Attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the Attorney requires it. Council convened into regular session at 7:00 pm with action taken later in the meeting. RECONVENE INTO OPEN SESSION 7:00 PM— REGULAR SESSION The invocation was given by Mike Ross with Friendswood Church of Christ. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS The Oath of Office was administered by State Representative Larry Taylor to new City Manager Robert "Bo" McDaniel The House of Representatives of the 79t" Texas Legislature, 3rd Called Session, hereby commended Kimball W. Brizendine for his dedicated services as Mayor of Friendswood and extended to him sincere best wishes for the future. The House of Representatives of the 79t" Texas Legislature, 3rd Called Session, hereby honored Ronald E. Cox on the occasion of his retirement as City Manager of Friendswood and extended to him sincere best wishes for continued success in the years ahead. David Muntz, President of Friendswood Soccer Club, announced that the soccer club would like to donate $40,000 for lights at Centennial Park, lights will be used by the kids to practice, is quite an investment for Centennial Park, the check was presented to City Manager Bo McDaniel. Mayor Smith thanked the families who made the Friendswood Soccer Club what it is and for this generous donation. Mayor Smith presented the proclamation for National Community Education Day to the Director of Community Education, Leanna Bridgett with Friendswood Independent School District. JOINT DOCKETED PUBLIC HEARING Mayor Smith and Planning and Zoning Chairman Jim Gibson called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding the Zone Classification change for a tract of land containing 0.8953 acres, being Lot 20 of the Harvey & Stout Subdivision, 11/06/06 2578 property located at 301 Laurel, Galveston County, Texas, from Original Business District (OBD) to Planned Unit Development (PUD), and the Zone Classification change for a tract of land containing 0.8953 acres, being Lot 20 of the Harvey & Stout Subdivision, property located at 301 Laurel, Galveston County, Texas, from Planned Unit Development (PUD) to Specific Use Permit-Office Park District Uses with exceptions(SUP-Office Park District). Planning and Zoning Chairman Gibson asked that both items A and B Public Hearings be considered at the same time and asked anyone in favor to come and speak. Tony Banfield, 1010 Myrtlewood, addressed Council and stated he is in favor, is the applicant and this building will house their corporate offices, selected this property because they did not want to be on Friendswood Drive, will front on Shadowbend, is compatible with what is already there, is in the proposed Downtown District, agreed to comply with conceptual plan for the area, would adhere to streetscape proposed by PageSoutherlandPage in proposed Downtown District, which is who did his streetscape plan, some of the streetscape they will do is on City property. No one spoke in opposition. Mayor Smith and Planning and Zoning Chairman Jim Gibson called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding the Zone Classification change for a tract of land containing 0.7471 acres, being out of Reserve G, Block 19 of the Forest Bend Subdivision, Section 3, property located at 17158 Blackhawk Boulevard, Harris County, Texas, from Neighborhood Commercial (NC) to Specific Use Permit (SUP) -Child Care Facility-Child Care Facility with music classes (SUP-Child Care Facility). Norbert Buchsbaum, 4982 Dumfries, addressed Council and stated he is the applicant and the building was constructed 28 years ago and operated by LaPetite Academy, last summer they closed, he has been fixing up the building, people have been asking him when a day care would open again, zoning has changed over time and realized he needed to rezone to make it compliant to open a day care again. Elisabeth Wagner, 4427 Peridot Lane, addressed Council and stated a day care is sorely needed in that area, the Homeowners Association restrictions do not allow for day care in people's homes. No one spoke in opposition. COMMUNICATIONS FROM THE PUBLIC Margaret Pickell, 29 Wilderness Trail, addressed Council and stated she would like to thank the Community Appearance Board (CAB) and Council for Fall Haul-a-Day, stated they had a lot of debris from the last storm at her house from upstream and her family used this event to get rid of all of it, last time it took 3 months to get rid of debris and this time it was much quicker, thanked CAB because they asked residents to donate old aquariums and other animal items, stated it was a huge help to the wildlife rehabilitation group. Judy Kimball, 802 W. Edgewood, addressed Council and stated she was chairman of Community Appearance Board, recently resigned but wanted to talk about a grant program that CAB provided to Eagle's Point Homeowners Association (HOA), the park is very special and asked Council to go look at it, stated it is a place anyone would want to visit. William Hilburn, 17122 Barcelona, addressed Council and stated he purchased a house in Friendswood in 1974, has seen deterioration, a City truck came to his house and he could not understand the City employee who was explaining to him what they were doing, finally figured out that he was going to gouge his tree in his front yard, it cost $200 to have his tree straightened but is not here to discuss that, states 11/06/06 2579 the City encourages illegal immigration by hiring employees who cannot speak English, illegal immigrants will come this direction if the city encourages them by hiring them, illegal immigration has caused a problem for seniors, figured someone has an in-house maid and thinks that is who got this man his job, they are coming from Alvin and Pearland to come here, stated the City needs to look at hiring practices and not encourage illegal immigration. Glen Grayban, 1628 Mossy Stone, addressed Council and stated he appreciates the support of his subdivision Friendswood Lakes, came to talk about a new area of construction in his subdivision that will be started in the next few months which is the west side of the planned subdivision, Friendswood Lakes has had their share of burdens but has figured out a way to resolve, the developer is straying from the Master Plan for the subdivision and adding more homes, too much density, states it is a strain on the local school, has met with the Planning and Zoning Commission (P&Z) and developers to note their concerns, does not feel that P&Z is hearing their concerns, some of the concerns are that the street design has a cramming affect, sees density is much greater than the original plan, green space is lacking, etc., asked that Council require Staff to embrace a solution to hear their concerns and make them adhere to the Master Plan, the developer has said the goal was more lots, the residents' goal is quality. Mayor Smith stated for him to get with City Manager's office to voice his concerns. Pam Hoy, 1602 Stoney Lake Drive, addressed Council and stated she would like to draw Council's attention to items in the Master Plan for Friendswood Lakes that is inconsistent with Vision 2020, quality of life issue the way it is written in Vision 2020 is not consistent with what is being proposed, sandpit road is being proposed, is going to be Brittany Bay at some point, is concerned about kids and safety issues with trucks, named numerous concerns and asks Council to please hear them. Councilmember Peden stated he lives near this subdivision and asked the City Attorney if it would be a conflict if they come again before Council at the next meeting. City Attorney John Olson stated there is no conflict as long as it is not financial. Dan Illerich, 2876 Love Lane, addressed Council and stated he had planned on speaking a while back until he lost his voice, states the budget is a good compromise, is like the other 21 he has seen come together over the years, now that budget has passed you go into the CIP process, justify to Council that it is time to revisit Vision 2020 due to citizen's expectations and right time for it, very interesting things came out of the budget, has a 50/50 split in citizens and Council and needs to look at Vision 2020 again, strategic plans that have been developed need to be reviewed at least once, we are halfway through that plan, need to revisit, have had significant demographic changes since Vision 2020 was developed, it satisfied a requirement about citizen participation in the process, town meetings are needed for citizen input to develop the future of Vision 2020. Councilmember Horecky stated he agrees, the goals are the same but priorities have changed. Councilmemeber Peden stated he had asked to have a Town Hall meeting every 5t" Monday when he first got elected and the City has still not had one. Councilmember Measeles stated he agrees, there are a lot of new citizens who were not part of the creation of Vision 2020, has no objection to spending money to do it and do it right. Councilmember Ewing stated she agrees and thinks the City needs to have Town Meetings. Mayor Smith stated he thinks they could be a subjective viewpoint, suggests the City should do more than one thing, states he appreciated Mr. Illerich's comments. 11/06/06 2580 Kelly McKnight, 1106 Glenshannon, addressed Council and stated in 2003 there was a bond election which was passed and all neighborhoods, with the exception of theirs, has been taken care of, has been told different stories about what was going on, has had flooding issues in the past 3 years, no way in and out of their subdivision when flooded, during Tropical Storm Allison the rain drained quickly but not in recent times, it takes several hours to drain, asked Council to decide on a plan and get it taken care of and start immediately. Mayor Smith mentioned that this was discussed earlier this evening and they are on the list, Council will hold a workshop with Staff soon to prioritize these projects. There are some right-of-way issues that need to be resolved. Councilmember Peden stated tonight is the first time he has heard there was a problem with this project, stated his phone rang off the wall after the last flooding rain that people could not get into their subdivision which is just as important as getting water in their homes. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Friendswood Chamber of Commerce Chairman Allan Rasmussen gave the annual report, introduced members Greg Crinion, Will Rearick, Brett Nichols, Carol Jones and Lucy Woltz. Council complimented the Chamber of Commerce for all that they do, Councilmember LeCour stated he likes the car festival but include tractors too, next time Councilmember Peden stated they have done a good job, events are well attended. Mayor Smith suggested of Council move to Agenda Item 10 so some people in the audience that were waiting could leave. **Mayor Smith moved to authorize the execution of the appropriate documents related to a proposed settlement agreement in Cause No. H-05-2627; Michael O'Toole vs. City of Friendswood, in the United States District Court, Southern District of Texas, Galveston Division. Seconded by Councilmember Measeles. The motion was approved unanimously. CITY MANAGER'S REPORT City Manager Bo McDaniel reported that on Tuesday, November 14, 2006, the City of Friendswood will be hosting a public open house at Friendswood City Hall to receive comments and provide information about the Cowards Creek Watershed Study. The purpose of this study is to evaluate potential flood damage reduction measures for the Cowards Creek Watershed. The event will be from 5:30 p.m. to 8 p.m. and is open to the general public. While there will be no formal presentation, displays and maps will be available for review, and sponsor representatives will be available to answer questions one-on-one from participants. In addition, comment cards will be available to collect comments and concerns from citizens. These comments will assist the sponsors in determining any potential problem areas that should be addressed in the study. Sponsors of this project include the City of Friendswood, City of Pearland, Galveston County, Brazoria County, Galveston County Consolidated Drainage District, Brazoria Drainage District#4 and the Texas Water Development Board. City Manager Bo McDaniel stated that he appreciates the invocation, every city does not do that and really appreciates it, thanked everyone for the oath and appointment of City Manager. ACTION ITEMS **Mayor Smith moved to approve the appointments/re-appointments to Group B Boards, Committees, and Commissions: Community Appearance Board — re-appointment of Kaye Corey, and appointment of 11/06/06 2581 Frank Garza, Loretta Murphy, Mark Newton, Angela Penny, and Mary Stockwell; Fourth of July Steering Committee — re-appointment of Renae Rives, Robin Hall, Heather McDonald, and appointment of Darrell Fales, Tony Fitzpatrick; Parks and Recreation Board — re-appointment of Lonnie Moffitt, JoAnna Perkins, Stuart Williams, and appointment of Thomas Goodwin; Senior Citizen Advisory Committee — re- appointment of Jean Bilderback, Sharon Richardson, Frankie Santoro, and Ginger Spade; Investment Committee—re-appointment of Jim Thomas. Seconded by Councilmember Ewing. The motion was approved unanimously. RESOLUTIONS **Mayor Smith moved to approve Resolution R2006-30 - a Resolution of the City of Friendswood, Texas, approving the Public Funds Management and Investment Policy. Seconded by Councilmember Peden. The motion was approved unanimously. ORDINANCES **Councilmember Horecky moved to approve the Second and final reading Ordinance No. 2006-27, an Ordinance of the City of Friendswood, Texas, an ordinance altering the prima facie speed limits for various portions of FM 518 within the City. Seconded by Councilmember Lecour. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Measeles wished Mayor Smith and Councilmember LeCour a happy birthday, attended the Texas Municipal League (TML) meeting, attended some very good seminars. Councilmember Hill stated he attended the Planning and Zoning Commission (P&Z) meeting and thinks they need to bring the issue with Friendswood Lakes before Council, knows someone in Glenshannon that has been waiting 8 years for a drainage solution. Councilmember Ewing stated Fall Haul-a-Day was successful, was a lot of fun, thanked Judy Kimball who has served as chair of the Community Appearance Board and has done a swell job, reminded everyone to vote tomorrow, thanked Roger Roecker for a job well done as Acting City Manager, Clear Creek Nature and Cultural Tourism Council met last week, went to TML meeting and attended seminars on economic development and things they can do, Austin has done a lot. Councilmember LeCour stated he attended Economic Development 101 and was very helpful, lots of good information, saw lots of enthusiastic people from our City, looks forward to the future, regarding the agenda "Taxes and the Downfall of America", stated he worded it to get peoples' attention, heard people say they like to pay taxes, if you really like paying taxes he can open a store where you can pay taxes all you want, the statement saying people like to pay taxes is absurd, looked to see if people took tax exemptions and sees they did, on April 15th the lines are long, which means people are waiting to pay their taxes which they do not like, the economy is driven by human consumption, the idea that Parks and Recreation keeps children from crime is absurd, makes the parents dependent on the State and not being a proper parent, makes a welfare state, the economy is very resilient, the more you take money away from the consumer and the more welfare state you make the economy will crack, other countries do not enjoy the same benefits as us, if we continue raising taxes our economy will go down but the good side is if we control and cut spending we will not go through the scenario given, if we do not do it and the economy falters, the City and school system will be in a big mess. Councilmember Peden stated he agrees with a lot of what Councilmember LeCour stated, has heard from citizens that this Council fights a lot, has never seen this Council fight, had a lot about doubts of Mayor Smith as Mayor and he has done a smashing job with the six Councilmembers, believes Mayor Smith 11/06/06 2582 was given a tough task, cited a recent event at the volunteer dinner when the Mayor let Council read volunteer names at the dinner, has never been able to have input in when citizens can be recognized, appreciates this because not one elected official knows everybody in town who contributes, is important that we undo the perception that Council does not get along, has worked hard to make this a better City and City Council, could have stayed in Atlanta at his seminar, thought it was important to attend since he took his oath, Council did not attend TML, feels they are not the taxpayers' friend, would like to see some peoples' notes from there though. Mayor Smith stated Councilmember Peden was talking about the Spirit Award, Council's diversity is one of their strengths, if Council sees someone that needs recognition let him know, would like input in the State of the City Address, would like to do more than give the Mayor's point of view, if Council has something they would like him to address they need to start thinking about what that is, the cost of the State of the City Address does not need to be big, is thinking of taking advantage of having everyone together at State of the City Address to recognize volunteers. Councilmember Peden stated he thinks Mayor Smith should do State of the City Address with no Council input and should not be politicized by adding Council's input, thinks it should be his day. Mayor Smith stated he did not mean Council should speak but give input on what he speaks about, welcomed the new City Manager, Robert"Bo" McDaniel, looks forward to working with him, wished him all the best and looks forward to having Bo and Peggy McDaniel have Friendswood a place to call home. CONSENT AGENDA "*Mayor Smith moved to approve the Consent Agenda as presented. A. Approve the sale of the Friendswood Volunteer Fire Department Support 1 vehicle at public auction. B. Authorize Boca Raton Homeowner's Association to place a subdivision sign in the City's Right of Way and authorize the Mayor to execute the Indemnity Agreement. C. Approve Minutes of October 16, 23, and 30, 2006 Meetings. Seconded by Councilmember Horecky. The motion was approved unanimously. A motion was made and approved to adjourn at 9:15 PM. ( ayor D i . Smith Attest: . eloris McKenzie, T MC City Secretary O� FR��Np� � ��� � o � � '*r��,� � �+�'