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HomeMy WebLinkAboutCC Minutes 2007-03-05 Special 03/05/2007 2652 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( MARCH 05, 2007 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MARCH 05, 2007, AT 5:00 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 CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. 5:00 PM—SPECIAL SESSION Discussion was held regarding proposed amendments to the City Charter. Council reviewed each section that was proposed by the Charter Review Commission and provided input and consensus to determine which amendments would be placed on the ballot. It was the consensus of Council for Section 1.02 — Form of Government, Section 1.04 — Glossary of Terms - definition of"Officer," Section 2.01 — General Powers - Home Rule City, Section 2.03 — Eminent Domain, and Section 3.01 — Number, Selection, Term, and Term Limitations - three consecutive terms collectively, to proceed. Mayor Smith asked for clarification from the Charter Review Commission. Charter Review Commission Chairman Leola Hill Hancock provided clarification as to the Commission's recommendation for this amendment, clearing up language by striking sentence making Mayor separate. Councilmember Peden stated he likes the wording as presented. Mayor Smith reads the Charter differently and believes this is a significant change and would significantly limit someone from continuing to run, must sit out for one year to run for office, limit historical knowledge and experience. Councilmember Peden stated he believes brings new perspective to be away and then return. Councilmember Horecky stated this may not have negative effect as thought, if termed out and wanted to run for Mayor would depend on when someone is elected to Council since it is staggered terms, does not see a problem with sitting out one year. Councilmember Hill stated he does not see a problem with the change. Councilmember Ewing stated term limits would limit knowledge of entire Council information, if sit out, a lot of retraining, a lot of important information, as important as the Mayor position is, sitting out undermines being able to hit the ground running. Councilmember LeCour stated he had previously had Mayor without serving on Council, but served as School Board President, this Council has spearheaded across the board with Mayor serving as the chief officer. Councilmember Peden believes he is hearing that must serve on Council in order to serve as Mayor, the opportunities to be Mayor is still there, leave as is, saying that Mayor must have tenure may limit, should not be a prerequisite, just cleaning up language. Mayor Smith stated he disagrees, it is a significant change, treading on dangerous grounds, if no difference between Council, then why have a Mayor, with these types of changes, stripping Mayor of authority, a significant change. Councilmember Peden asked how this limits the power and authority of 03/05/2007 2653 the Mayor, and Mayor Smith explained. Councilmember Ewing read the current language of the Charter specifically as it speaks to the Council and as it speaks to the Mayor, very different and big change from what current Charter states. Councilmember Measeles asked if the Mayor had a recommendation for a change. Mayor Smith recommended two terms as Mayor and if served as Council could serve nine years before running. Councilmember LeCour stated he disagrees. Councilmember Hill stated he can agree with three and two. Councilmember LeCour stated he thinks that should be final. Councilmember Ewing asked if this was saying term limit to two terms and Council to three terms. Mayor Smith asked if Councilmember Hill agrees with the way the Charter has been written, does he agree three and three. Councilmember Peden believes the wording allows bouncing back and forth between Mayor and Council. Mayor Smith stated he believes the issues should be separated out, asked Councilmember Hill if he believes 18 years is too long, stated he believes consensus is that Council wants a change, recommended two as Mayor and three as Council. Councilmember Peden stated he follows that logic if the set out time was more than one year, allows for power of incumbency, once serve lay out three years. Councilmember Ewing stated she still thinks when lay out lose continuity and history, understands incumbency issue, talking about wanting to have people that are knowledgeable and think laying out is too much. Councilmember LeCour stated he thinks should have term limits, have real term limits, understand point that Mayor Smith has made, thinks it gives power and power corrupts. Mayor Smith stated he would urge not strike sitting out one year, and not strike allowing Council three-year terms. Councilmember Horecky asked if someone served two terms as Council would be limited to two terms as Mayor. Mayor Smith stated he thought a maximum of five terms. Councilmember Horecky stated he thought looking for an experience Councilperson. Mayor Smith clarified, if one year or two years as Council, could serve three terms as Mayor. Councilmember Peden stated this was very confusing as worded in the proposal, would propose clear it up, Councilmember Peden asked for process of voting tonight on proposed amendments. Mayor Smith stated he hoped to knock out the majority of the proposals tonight and then if cannot reach an agreement would have to work through, had hoped could work through tonight, will come back to this one. Section 3.04—Compensation - recommendation to remove, submitted by Councilmember Ewing. Councilmember Horecky stated he had issues and could not support. Councilmember Peden stated he would not fight giving right to voter if language is clear as to that Council would set own compensation. Mayor Smith suggested to go with Charter suggestion but have a limitation as to the dollar amount. Councilmember LeCour stated he thinks keep as a volunteer and will support only deleting. Councilmember Measeles in past not in favor and not in favor now, but would not object putting before voters, not in favor of compensation Council, would favor a dollar limit. Councilmember Hill stated for a City based on volunteers, it is almost hypocritical, if put on for voters, would work to defeat this. Mayor Smith stated he agrees that this should not be a paid position, but it may limit some from running, agrees with reimbursement for expenses, has mixed feelings about both, looked at simply reimburse Council per meetings but could not determine. Councilmember Ewing stated look at setting forth some limitations. Councilmember Peden stated likes it better without any limitation, does not believe would pass, bizarre to think that someone that runs is not aware know the time required, if put on ballot with limitation believes misconception. Mayor Smith talked about reimbursing for personal expenses incurred to participate as a Councilmember. Councilmember Peden stated he does not believe that Council should put on the ballot that we want to be compensated, leave wording as is with clarifying language. Councilmember Horecky stated leave as is in the Charter now. Mayor Smith stated he believes that is what Councilmembers LeCour Hill and Horecky have stated. Mayor Smith, and Councilmembers Ewing, Peden, and Measeles would agree to leave as proposed if wording is clarified in the amount to be determined by City Council. Section 3.05— Mayor and Mayor Pro-Tem - responsibilities. Mayor Smith stated there is a significant change as to the Mayor's authority to appoint special committees and to see that enforcement of Ordinance, bylaws and Resolutions are enforced, this involves discretion to allow the Mayor. Councilmember Horecky stated the problem is in the wording provided, does not 03/05/2007 2654 want to take away appointive powers, existing Charter wording read by Council and discussed. Mayor Smith gave an example of recent appointment of a special Council committee that was time sensitive. Councilmember Horecky does not have a problem with Mayor making appointments. Councilmember Peden does not have a problem with Mayor making appointments. Mayor Smith stated Council consensus strike out ordinances and resolutions from sentence. It was the consensus of Council for Section 3.08 — Prohibitions—clarification, Section 3.09 — Meetings of the City Council - regular meetings, Section 3.10 — Rules of Procedure - vote of Mayor and Council, Section 3.17—Officers and Employees Protected from Financial Loss, Section 4.06— Personnel System - prohibitive conduct, add anyone serving or seeking office, clarification, Section 5.11 — Limitation on Recall - recall petitions, Section 6.01 — City Elections - elections be held in May on Uniform Election Date, and Section 6.02— Filing for Office - resignations 90 days and holdover to proceed. Councilmember Ewing stated she would prefer resign to run for any elected office and 90-day concerns that would prevent someone from running due to timing, suggested leaving it as written with 45 days. Councilmember Peden stated he agrees with Councilmember Ewing 100 percent. Mayor Smith asked City Secretary Deloris McKenzie about leaving as 45 days with City Secretary agreeing that it would be best. It was the consensus to strike 90 days and leave hold over. Section 8.04—Amendments after Adoption -Auditor, Revenue Cap, English Language. Councilmember LeCour stated he would like to workshop revenue cap at this time, majority of Council was not in favor of proceeding, Council agreed to allow Councilmember LeCour to make presentation regarding proposing a revenue cap. Mayor Smith stated Council has a lot of work ahead of them with long term financial plan, how to manage growth and taxes, build that into that plan. Councilmember Peden asked for clarification on the issue of a City Auditor from City Attorney John Olson regarding the current Charter Section 3.16, reads vague, could this be cleaned up as to types of audits that are done, suggest expand section 3.16 Charter provision. Mayor Smith asked Council to consider what impact this will be for future Councils, and stated this will be taken up at a later meeting. Councilmember Ewing suggested moving the Executive Session to end of the meeting and any subsequent action, due to the time constraints. Mayor Smith suggested this as well and consensus of Council agreed. 7:00 PM— REGULAR MEETING The invocation was given by Pastor Rick Baldwin with Friendswood Community Church. Mayor Smith led the Pledge of allegiance to the United States and to the State of Texas. Councilmember Peden recognized City Secretary Deloris McKenzie, who is the 2007 recipient of the International Institute of Municipal Clerks (IIMC) and City Secretary Quill award, and stated the award will be presented in New Orleans at the annual IIMC conference. City Secretary Deloris McKenzie received a standing ovation from Mayor and Council and those in attendance. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS The annual report from Parks and Recreation Board Chair Stuart Williams was presented to Council on the activities this last year and projects ongoing and completing. Recognized members of Parks and Recreation, volunteers and Staff, reported on the borderless playground, not inhibit anyone to be able to use this, funds are being raised, know that some equipment in Stevenson Park is broken and is going to be repaired and supported by Friends of Stevenson Park. Councilmember Measeles thanked Stuart Williams over last ten years of service and the members, really appreciates the work being done. 03/05/2007 2655 Councilmember Peden asked if the Dog Park was being discussed by the Parks and Recreation Board, Mr. Williams stated this is the first time he has heard of this. Councilmember Peden stated he would ask Staff to look at it, and asked if the borderless playground is in the CIP. Councilmember Hill and Councilmember Horecky reported on the status of the drainage regulations discussions with Galveston County Consolidated Drainage District (GCCDD) and TX DOT, stated they have worked hard on this issue, feel made giant strides, City Attorney John Olson is preparing draft documents, GCCDD revised Design Criteria Plan last Tuesday, regional detention is available to everyone everywhere all water is going to the creeks anyway, reported they will meet tomorrow with City Manager and Staff to review the proposed plans. Councilmember Ewing asked about the use of pervious concrete and including the requirement in the plan. Any questions, forward to City Manager or to Councilmembers Hill or Horecky. State Representative Larry Taylor has graciously agreed to set up a meeting with TxDOT to meet regarding requirements. Mayor Smith appointed Councilmembers Hill and Horecky to a special committee to move this forward, thanked them for work they put into this. 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 .3788 acres, located at 206 E. Shadowbend, Galveston County, TX, from Multi-Family Residential - Low (MFR-L) to Single Family Residential (SFR). Robert Pillow, Friendswood resident, addressed Council and stated he is the owner of the property and the purpose of the rezone request is to build a home in the old area of town. Hearing no further comments, Planning and Zoning Chair Jim Gibson closed the Joint Docketed Public Hearing. COMMUNICATIONS FROM THE PUBLIC Fred Krch, Friendswood resident, addressed Council and stated he would like to speak regarding proposed Charter change on compensation for Council, Charter allows for reimbursement for expenses, in spirit of volunteerism that past Mayor Ralph Lowe supported years ago, very disappointed Council did not trust the voters of this City to vote on English language. Ruth Pifer, Friendswood resident, addressed Council and stated she would like to speak regarding term limits of Council, needs to be specific language, need to use strength of ballot box, more than one way to handle term limits. Andy Rivera, Friendswood resident, addressed Council and stated he has filed for Council Position 6 to replace Councilmember Measles, he is retired from the military, was in the Air Force for 26 years, a lot of management and business experience, he is running because he would like to donate management skills, appropriate to run in Councilmember Measeles legacy, controlling taxes, controlling growth, public safety, partner with school districts, continue to work with the Drainage District, listen to our citizens. City Manager Bo McDaniel stated there is a large sign on FM 528 in front of Lakes of Friendswood calling for a public hearing. This is not a City of Friendswood sign, something from the State of Texas, is not initiative of the City, will try to get a press release out. Mike Ruiz, Friendswood resident, addressed Council and stated he hopes Council does the right thing, vote your conscience regarding the English language issue and stated he hopes it does not pass. David Allen, Friendswood resident, addressed Council and stated he spoke in several languages, spoke 03/05/2007 2656 on languages spoken in schools, children can adapt, people should be able to speak English, spoke about crimes, Council has the responsibility on this action and trust will do so. Sophia LeCour, Friendswood resident, addressed Council and stated she would like to speak in support of English language, the United States does not have an official language, is a first generation immigrant to America, now works at NASA, Councilmember John LeCour is labeled as racist and is far from racist, stated her husband John is an advocate of strong volunteerism, misunderstanding is being spread, she speaks Chinese, strongly supports English as Friendswood's official language, to live in the United States people must speak English, disputes lies being fed about John and others supporting this topic, if people want to achieve what this great county allows, encourages everyone to learn the English language that way you can excel. Frank Ortiz, Friendswood resident, addressed Council and stated he is a 37 year resident of Friendswood, has spoken to Council several times, opposes this issue, this is not about illegal immigration this is about language, speaks both English, Spanish, and a little Russian and is learning to speak Italian, English language is not in danger in Friendswood, this is a local issue and needs to be resolved locally, do not need a national audience, is still against and begs Council to vote against it. Don Seyfert, Friendswood resident, addressed Council and stated he is a Friendswood resident, it is about language, not about immigration, suggests adopting an ordinance adopting a policy that City employment requires some English language skills, suggested appointing a citizens volunteer group to help learn English to learn a second language, help City employees or citizens that want to learn a second language, stated he called League of United Latin American Citizens (LULAC) about schooling those that do not speak English, and was referred to call Catholic charities. Judy West, Friendswood resident, addressed Council and stated she and her husband have lived in Friendswood for many years, sees different languages as an education, everyone is an immigrant to this country, some risked their lives to come here, it is not about race or ethnicity it is about this country and the language that is used, nothing negative about the English language, a number of people speak other languages, the United States is a melting pot of people and cultures, hopes everyone is proud to be an American, proudly stand and say we speak English, Council has been given authority to represent those, let citizens take the hit, let them vote, please let us honor our country to say we speak English here, please give citizens the opportunity to vote. Fred Krch, Friendswood resident, addressed Council and stated he is a Friendswood resident and is in support of English as official language and read an excerpt from a book on Texas/Mexican history and isn't it ironic that Texans and Mexicans fought together for independence against tyrants. Robert Salinas, Friendswood resident, addressed Council and stated he is a Friendswood resident, hopes the English proposal does not go through and asked what do we hope to gain, very little. **Councilmember Peden moved to place on the May ballot making English official language. Seconded by Councilmember LeCour. Councilmember Peden stated his reasoning is to give everyone a choice, stated this has been misconstrued and stated this all began as a safety issue. Councilmember LeCour stated it is a safety issue, has been blown out of proportion, worst case of slander, does not agree with anything racial, members of this Council supported an Iranian-American business man, and changed ordinances so he could expand his business, stated those stories are not told, considers slanderous because those not mentioned tonight, regarding LULAC has lost faith in the organization from what he has seen during this debate, read a letter regarding Clear Creek Independent School District regarding a proposed school to limit Hispanics, which was turned down, serves on Board 03/05/2007 2657 for the Pregnancy Center off of Edgebrook, is trying to help homeless and others, never sees LULAC trying to help, do not look for legislation look for results, stated he is not a politician, would like to clear one thing up, Friendswood is the best place to live regardless of ethnicity, would love to have you as a neighbor. Councilmember Horecky stated that English is the language of Friendswood, has customers all over the world and has heard comments based on media coverage from all over, and stated he will not support th is issue. Councilmember Measeles stated he will not support, the City did have a problem with employees and the City Manager has corrected that, this Council has talked about less government, if this goes to the ballot talk about more government, this issue is dividing the City, is pitting neighbor against neighbor, continue to talk about racism, thinks it is too vague, making English the official language of Friendswood is opening the door for future problems. Councilmember Hill stated he does not think this issue is about Friendswood, those that support this are frustrated with government, Friendswood is not the place to secure borders, it is not going to solve immigration, not afraid of lawsuits, not going to teach children another language, City Manager corrected the employment application, has seen people hurt over this issue, that is not going to help Friendswood, English is the language of Friendswood, it is the perception of the town he loves, and will not be portrayed well in the media. Councilmember Ewing stated she will also not be supporting, Friendswood already uses the English language, do not need to put these words in the Charter, is decisive, has heard from a number of people, in global economy English is official language, not going to lose, putting it on the ballot is not going to change that, City Manager corrected the employee issue, all employees are legal citizens, 6 employees have limited English, stated she is not afraid of a lawsuit, need to use that money to use for streets, potholes, and safety. Mayor Smith stated that clearly the most important issue in the United States is being able to have the freedom of speech, appreciates comments, he lived in a Country where he was not wanted, sensitive as to how people are treated, also appreciates Councilmember LeCour and Councilmember Peden and their patriotic sentiment, appreciates Margaret Limmer and her heart, leave this issue to the national leaders to decide what is the official language. Councilmember Peden stated this issue got get the media to say bad things, LULAC threatened a lawsuit, purpose was not immigration, purpose was to make sure employees had all the needed tools, that was the purpose, problem has been resolved, not passing judgment, proposed allowing voters the right to vote on the issue, spoke on several comments from members of this Council, if this is accomplished, has taught him that we can agree to disagree, learn where they have differences, agree on those things that they can agree on, is respectful of what was heard tonight, implore to allow to be placed on the ballot, ready to move on, have appreciated the spirit of debate, stated the media has been terrible, he did not consent to an interview, stated this is about Friendswood, and he will be glad when this is over. ***The motion failed 2-5 with Mayor Smith, and Councilmembers Ewing, Hill, Horecky and Measeles opposed. **Councilmember LeCour moved to allow for a recess for a maximum of 10 minutes to allow media and citizens to answer questions. Seconded by Councilmember Horecky. The motion was approved 6-1 with Councilmember Ewing opposed. Sunmeadow Homeowner's Association, Millennium Corporation, and residents spoke regarding 03/05/2007 2658 Millennium Corporation and the Twin Lakes development in the Sunmeadow Subdivision. Sunmeadow HOA Board Member Jon Hall, Friendswood resident, addressed Council and stated these are ongoing issues, convinced there is a solution that is win-win for both, encourage Council and Millennium Development to move this forward for the sake for the 500 residents of this subdivision. Faye Roberson, Friendswood resident, addressed Council and stated she lives in Sunmeadow Subdivision, quite a bit she does not understand, is against rezoning and against a Management District, outlined meetings that had been held with Millennium, plan has been changed a number of times, number of agents, name of development, cannot keep up with the changes, no plan for 550 homes with commercial being proposed, duplexes will be built, asked about connecting the Big House to the golf course and asked how this could be done, Windsong subdivision to Sunmeadow subdivision, asked how can you have easements connecting this area, golf course is being taken away from residents, property appraisal will go down, this does not compare to the West Development donation to the City, can Millennium claim the same, do not think so, has had other projects in the area, dealing with absentee Developer and asked Council to do the right thing. Councilmember LeCour stated he has been seeing the e-mails, do you want to keep golf course in Sunmeadow, beyond a shadow of a doubt, asked what is the options, Faye property in the trees, requires a road, where tennis courts were, do not need a Management District to keep golf course up, had enough money to buy the big house, home values go down, did get that information from appraisal district? Heard from Ken Wright, golf course has been closed down, will go away from behind from some homes, only the homes that lose the holes, home values will go down. Mayor Smith asked Council to allow him to summarize where we are this evening, need to develop some process, to allow citizens and developer to understand where we are tonight. Councilmember Hill asked Ms. Roberson, would citizens be willing to pay anything towards the maintenance of the golf course, Ms. Roberson stated she speaks for herself and said yes, Councilmember Hill asked if she thinks Council should spend taxpayers' money to subsidize golf course, Ms. Roberson said no. Mayor Smith gave overall report on proposed project and process and discussions, Council comments, still preliminary stages, good that getting involved this early, City has not approved anything, can they build now, yes if ineets zoning requirements, can move forward and plat as Single-Family Residential. Councilmember LeCour stated he will put something on the next agenda to move this forward. Mayor Smith stated this will not surprise Mr. Nichols, but stated he feels Millennium Development can do all of this without a management district, does not have enough information other than that, does not know how much money will it cost you and how much it will make, is not asking, knows a developer makes as much money as the market will bear. Patti Thompson, Friendswood resident, addressed Council and stated no one is seeing the whole picture, they own the property and can do anything they want to do, neighborhood is getting old and needs update, not a money making proposition, has gone out of his way, when are they going to have a consensus to move this forward, make a decision, huge process, is a huge job to make everyone happy, everybody will not be, see personality conflicts all over the place, set this aside, see political, give him a consensus, worried about traffic, need positive things and not negatives. Mayor Smith stated the City has already given consensus to consider a Management District, the next step is from Millennium Development, a comprehensive plan has to be formulated, and believes they are 03/05/2007 2659 already working on the report. Brett Nichols stated he sent a draft comprehensive plan, waiting for comments back, the report was delivered four weeks ago. Councilmember Peden until gets consent for consensus, did not start reading it, has not formally began workshop process, given very little time to it until workshop to comment. Brett Nichols stated he thought the City Manager would be making comments regarding the project, to move forward,just wanting to get development started and get golf course back open. Councilmember LeCour asked, "Where are we on this process?" City Manager Bo McDaniel stated that Council has not given him directive to review or comment, on the plan, very tough nut to crack, cannot answer as this is out of his and Staff's area of expertise, and stated answers are needed from professionals. Mayor Smith stated Council spent a year working with West Ranch to develop what this was going to look like, took a long time, issues of this development is a lot more complicated than West Ranch. Brett Nichols stated if they cannot sit down and talk about, they will never get the wheels going. Mayor Smith stated West Ranch, at this point, in the same process, put together a comprehensive plan, taking input from Council, take bull by the horns and give input to help. Dan Kidwell, Friendswood resident, addressed Council and stated he lives on Windsong, how is he going to get from there to here, Windsong is a small subdivision, no sewer, no sidewalks, blacktop roads, well and septic, no gas, if want to hook together, can privately fund, figure out how to hook up without hooking up Windsong, thanks for consideration. Paula Oddo, Friendswood resident, addressed Council and stated she lives in Sunmeadow, addressed commercial proposal, please keep the 17th hole, other subdivisions have beautiful entrances, no commercial, save beauty of green space, asked Council to use their imagination of business and strip centers that are already built and not occupied, seems like a big waste. AI Kelly, Friendswood resident, addressed Council and stated he lives in Sunmeadow, sent e-mail to newly elected homeowners association, very, very happy with new group, looking for answers, they are opinions, golf course holes should remain, different plans, pretty much the same, some do not care for, some parts that are negotiable, has no problem with a Municipal Management District, last opportunity for a golf course in Friendswood, has to be improved, some holes may be modified, think conceptual plan could be modified, change from 70 ft. to 90 ft. lots, sell as golf course lot, 30 ft. wide duplex change to 60 ft. garden homes, eliminate the trust issue, all golf course property existing should immediately be rezoned green space/golf course, could dispense with trust issue. Ed Sherrill, Friendswood resident, addressed Council and stated he lives in Windsong Subdivision, has been a Friendswood resident for 40 years, stated Windsong subdivision is a one-lane, dead-end street with 40 lots/houses, Manning property on one side and then Sunmeadow on opposite side, Millennium plan wants to connect at two different locations through the Windsong Subdivision, ingress and egress a traffic issue, no sidewalks, would add hundred of vehicles, construction traffic, all he wants is to be left alone, no benefit from the development, leave the way they are, character of Windsong would totally change if Millennium develops, do not compare this development to West Ranch, that impacted cows and coyotes and this development is impacting families. 03/05/2007 2660 Cynthia Hodskins, Friendswood resident, addressed Council and stated she has been a Sunmeadow resident for 24 years, appreciates open meeting to allow everyone to have open communication, nothing like West Ranch, wide open spaces compared to buying a golf course, chose to run the golf course and then close it, then purchased Manning property, saw how managed golf course, did not take care of what they owned, have very little trust in what they say they want to do, plans have changed many times, Friendswood is a wooded City and is why she moved here to a peaceful place to live, number one concern is not the golf course, concern is her home there, it is a privately owned golf course, here we are and do not know what will happen. Mayor Smith told Mr. Nichols he should expect something on an upcoming agenda to move this Management District forward. Councilmember Peden stated if Council wants to begin reviewing this process, need to give direction for Staff to begin reviewing and begin Council to view, and if any questions from Council to forward to City Manager and Staff to be proactive, and forward information regarding this plan to three subdivisions that are impacted. City Manager Bo McDaniel stated he would prefer Staff to bring back a plan to begin study, Staff members are not experts, will require experts in various fields, and asked tell Staff what Council wants to accomplish for the West Ranch Management District. Mayor Smith stated Council could hire outside professional help to look over this proposal and to give steps to Council. City Manager Bo McDaniel asked who would pay for this oversight, and stated it was paid for by the Developer in other cities. Councilmember Hill stated there was a feasibility study on the golf course some years ago and may want to dig this up. Mayor Smith asked Council to allow him to work up a schedule to bring this back, with Council in agreement. Council took an 8-minute recess at this time. CITY MANAGER'S REPORT City Manager Bo McDaniel gave an update on the Glenshannon Drainage Project. Negotiations are still pending requested information from the City regarding oversized capacity and alternative options considered by the City. We should have this information to the easement owner's representatives by Monday's Council meeting. We had sought this information from the design engineers. However, their proposal to prepare was not cost effective for negotiations, therefore the City Manager asked Community Development/City Engineer to provide best available information, including storage capacity of additional acquisition options, which may be explored. On this agenda, Council will act on a parallel path to move to acquire this property by condemnation if needed. We remain optimistic that this can be avoided and secure the necessary easements in a timely fashion. City Manager Bo McDaniel gave an update on Property Tax Collection Conversion. City Staff inet with Dawn Cheneweth, the ACT Account Manager for Linebarger Goggan Blair & Sampson, LLP. ACT is the software company that serves the Galveston County Tax Office. The purpose of the meeting was to begin planning for the conversion and introduce the City's conversion project team members. They are Cindy Edge, Ted Beason, Todd Yeager and Roger Roecker. City Staff has contacted FISD to request their assistance in obtaining the historical data in the format that ACT needs for conversion to their 03/05/2007 2661 system. Superintendent Trish Hanks has assured both the City Manager and me that FISD Staff will help in any way they can to make this conversion go as smoothly as possible. Additionally, the proposal by Cheryl Johnson to provide the delinquent history conversion for a supplement of$10,000 will be approved by the City Manager under the discretionary budget authority of the City Manager, unless Council directs otherwise. AARP Tax Assistance at the Friendswood Public Library. The AARP's Tax-Aide/TCE program will be providing free tax assistance at the Public Library this tax season. Citizens do not have to be senior citizens to take advantage of this service. Representatives will be available from 11 a.m. until 4 p.m. every Thursday until April 12. Those seeking assistance will need to bring last year's tax return, copies of all W-2 forms, 1099 forms and proof of other income received, social security cards or Individual Tax Identification cards or letters and a valid picture ID. City Manager Bo McDaniel gave an update on the Property Tax Appraisal Appeal Process Program at the Library. On Tuesday, April 24 at 7 p.m., the Friendswood Public Library will be hosting representatives from the Galveston Central Appraisal District and the Harris County Appraisal District as they explain the property tax protest and appeal procedures for Galveston and Harris county property owners. This program is open to the public, free of charge and no registration is needed. If Council would like to invite other tax officials, please advise and we will try to arrange that participation. City Manager Bo McDaniel gave an update on the impact of the Development Process Committee Interim Report. The Development Process Committee submitted their interim report to the City Council January 16, 2007. The group, appointed in August 2006, consists of Brett Banfield, Terry Collins, Adam Hill, Steve Pate, Jeff Payson, Marcus Rives and Tom Samson, who served as Chair. In addition, Staff support includes Frank Manigold, Karen Capps, Mona Miller and Dan Johnson and Diana Steelquist before their resignations. The mission of this third ad hoc committee is to review the current development approval process and to make recommendations on changes needed to attract and support development in the community. At the February 19 meeting, Council met with the Development Process Committee for discussion about those proposed changes. Recommendations from the Committee that have been implemented thus far are listed below. These changes have been in effect since February 1, 2007. Inspection Process: Windstorm Inspections - The Building Department is requiring a letter regarding Windstorm Inspections from an Engineer prior to the Cover inspection to protect the homeowners. Job cards, green tags, red tags - The job cards have been used to replace the green tags and this has not been as effective as hoped. The Building Department has transitioned back to issuing the more traditional green and red tags. Inspections- Concern was expressed about incomplete inspections. If the inspector comes out, a complete inspection should be performed even if it fails in one area. The Building Official has notified all inspectors to perform the requested inspection and fill out the Correction Notice. City Manager Bo McDaniel gave an update on the date for the CIP Report. The Resolution to adopt the City's Capital Improvements Program is scheduled for the March 19 meeting. Prior to that date, Roger Roecker will provide the CIP report and the Manager will forward it for Council's review. City Manager Bo McDaniel gave an update on the impact of FIG Festival Support. Enclosed please find a Staff analysis from the Police Department of the additional support costs not currently appropriated in the operating budget to assist the Chamber of Commerce with the proposed FIG Festival scheduled for Saturday, April 21, 2007. The highlighted officers indicate officers that are scheduled to work on Saturdays. Officers not scheduled to work were estimated at working 12 hours of overtime. The plan is to extend shifts for regularly scheduled officers from 8-12 hours on the day of the event and also schedule officers who are on their regular days off. This will give coverage for the Festival site and the downtown district for traffic and security (foot, bike and vehicle). Extra patrols throughout the City will be scheduled to help with any extra call volume associated with the event. Estimated costs to the Community Services Department to support the Fig Festival will run around $800 - $1,000 per group to start the Concert in the Park series two weeks early. Total cost is approximately $2,000 for two additional bands. Should Council want the City to provide the support, Council is requested to provide direction with consent to a subsequent budget amendment to appropriate the funds therefore, the proposed total will be $11,000 and 03/05/2007 2662 will need a budget amendment. Councilmember LeCour suggested inviting the Galveston County Tax Assessor-Collector and Harris County Tax Assessor-Collector to the tax program at the Library. Mayor Smith suggest placing the funding for the Fig Festival on the next agenda and if any questions forward to City Manager's office. Councilmember Measeles stated he is also asking if the Heritage Society can use City Hall Lobby for a Quilt Show, reminded it is a good economic development tool, cost offset by tax dollar brought in, Councilmember Peden asked what the projected impact is to be expected, City Manager would be an estimate, hard to come up with, just an estimate, Mayor Smith ask City Manager Bo McDaniel get the Chamber's input as to assessment of projected income. ACTION ITEMS **Councilmember Peden moved to approve the appointment of James Toney as Community Services Director in concurrence with the City Manager's recommendation. Seconded by Councilmember Measeles. The motion was approved unanimously. Mayor and Council congratulated James Toney and stated they look forward to working with him. CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.072— Deliberation regarding Real Property and 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 11:30 pm with no action taken later in the meeting. RECONVENE INTO OPEN SESSION **Councilmember Horecky moved to approve action regarding award of Bid No. B2007-06 for the sale of 2.974 acres at 1300 block of W. Parkwood adjacent to the new Public Safety Building to Heritage Erectors Development, Inc., and authorize the Mayor to execute the contract. Seconded by Councilmember Peden. The motion was approved unanimously. **Mayor Smith moved to approve an amended joint agreement for a hotel/conference center feasibility study with Eclipse Development Group to allow for reimbursement. Seconded by Councilmember Ewing. The motion failed 3-4 with Councilmembers Peden, Horecky, Hill, and LeCour opposed. **Councilmember Horecky moved to rescind a moratorium action enacted January 22, 2007, and sunset clause provisions enacted February 5, 2007, regarding "exempting detention pond requirements for five acre and less size lots and no approvals required from Galveston County Consolidated Drainage District from the building permit application process." Seconded by Councilmember Hill. The motion was approved unanimously. RESOLUTIONS **Councilmember Horecky moved to approve Resolution R2007-07 — a Resolution of the City Council of the City of Friendswood, Texas, consenting to the reappointment of Don Beeth and accepting the nomination from Friendswood Development to reappoint Joe Stunja as Directors to the Board of Directors of West Ranch Management District. Seconded by Councilmember Peden. The motion was approved unanimously. 03/05/2007 2663 **Councilmember Measeles moved to approve Resolution R2007-08— a Resolution of the City Council of the City of Friendswood, Texas, making findings concerning a certain 31,664 square foot tract of land, more or less, described in such resolution; determining that an easement over, across and under such land is needed for construction and maintenance of storm drainage facilities incidental to the Glenshannon Drainage Project; ratifying and confirming the final offer made by the City Manager to the owners of such land; and authorizing the City's attorneys to acquire such land through eminent domain proceedings. Seconded by Councilmember Horecky. The motion was approved unanimously. **Councilmember Hill moved to approve Resolution R2007-09 — a Resolution of the City Council of the City of Friendswood, Texas, providing for the holding of a Special Election on the 12th day of May 2007, for the purpose of submitting to the qualified voters of the City certain proposed amendments to the existing Charter of the City; stating the proposed amendments to the City Charter to be voted upon at said election; designating the polling places and appointing election officials for such election; providing the form of the ballot at such election; directing the giving of notice of such election; and containing other provisions relating to the subject and the proposed Charter amendments. Seconded by Councilmember Horecky . ***Councilmember Peden moved to amend the main motion to provide for a Charter amendment providing clarification for a Council Manager form of government. Seconded by Councilmember Ewing. The motion to amend was approved unanimously. ****Councilmember Horecky moved to amend the main motion to provide for a glossary of terms. Seconded by Councilmember Peden. The motion to amend was approved unanimously. *****Councilmember Ewing moved to amend the main motion to clarify such home rule powers in general terms. Seconded by Councilmember Horecky. The motion to amend was approved unanimously. ******Councilmember Hill moved to amend the main motion to limit power of eminent domain for economic development purposes. Seconded by Councilmember Ewing. The motion to amend was approved unanimously. *******Councilmember Measeles moved to amend the main motion for clarification of interference with administration. Seconded by Councilmember Peden. The motion to amend was approved unanimously. ********Councilmember Peden moved to amend the main motion to require that only one regular meeting be held each month. Seconded by Councilmember Hill. The motion to amend was approved unanimously. *********Councilmember Peden moved to amend the main motion to clarify that the Mayor and each Councilmember is entitled to an equal vote on all matters before the City Council. Seconded by Councilmember Measeles. The motion to amend was approved unanimously. **********Councilmember Peden moved to amend the main motion to protect City Officers and employees from financial loss and limit such protection when the loss results from a willful or wrongful act or omission or from gross negligence. Seconded by Councilmember Hill. The motion to amend was approved unanimously. ***********Councilmember Horecky moved to amend the main motion to prohibit only paid officer and employees from making contributions to the campaign funds of candidates for elective City office, and by prohibiting the acceptance of any such contributions by a candidate. 03/05/2007 2664 Seconded by Councilmember Peden. ************Councilmember Peden moved to amend the amendment to add "or anyone serving or seeking office." Seconded by Councilmember Horecky. The motion to amend was approved unanimously. *************The main motion regarding contributions, as amended, was approved unanimously. **************Councilmember Peden moved to amend the main motion for recall procedures for elected officials that no recall petition may be filed within six (6) months of the end of the term for which the applicable official was elected. Seconded by Councilmember Hill. The motion to amend was approved unanimously. ***************Councilmember Peden moved to amend the main motion to provide for elections to be held on the May uniform election date and change the verbiage from Regular to General election. Seconded by Councilmember Horecky. The motion to amend was approved unanimously. ****************Councilmember Ewing moved to amend the main motion to change verbiage by adding "City" office and language regarding hold over in the resigned position until his/her successor qualifies for such office, or until the incumbent qualifies for the different office or position sought and leave submittal at 60 days. Seconded by Councilmember Peden. The motion to amend was approved unanimously. *****************Councilmember Horecky moved to amend the main motion to limit expenditures for emergencies during a fiscal year to not more than ten percent (10%) of the fiscal year's budgeted receipts, be amended by removing the ten percent (10%) limit and defining conditions under which emergency expenditures may be made. Seconded by Councilmember Hill. The motion to amend was approved unanimously. ******************Councilmember Ewing moved to amend the main motion to adopt proposal Mayor or Council can serve three 3-year terms with lapse of a year if serve in both capacities, can serve 5 terms maximum. Seconded by Councilmember Measeles. The motion to amend failed 3-4 with Councilmembers Peden, Hill Horecky, and LeCour opposed. *******************Councilmember Hill moved to amend the main motion to establish term limitations to provide that no person may serve on City Council in any capacity for more than three consecutive terms. Seconded by Councilmember Horecky. ********************Councilmember Horecky moved to amend the amendment to change to lifetime limitation of four 3-year complete terms, no one-year layoff. Seconded by Councilmember LeCour. The motion to amend was approved unanimously. *********************The main motion, as amended, was approved 6-1 with Mayor Smith opposed. **********************Councilmember Horecky moved to amend the main motion to remove Council compensation and leave wording as is in current Charter. Seconded by Councilmember Ewing. The motion to amend was approved 5-2 with Mayor Smith and Councilmember Peden opposed. ***********************Councilmember Peden moved to amend the main motion regarding Powers and duties of the Mayor, to remove wording regarding Ordinances and bylaws from enforcing the Charter. Seconded by Councilmember Horecky. The motion to amend was approved unanimously. 03/05/2007 2665 *'`***"**"****'`**"''*"*'`"`*Councilmember Peden moved to table Charter amendment discussion regarding proposing a City Auditor under control of City Council and a Revenue Cap. Seconded by Councilmember LeCour. The motion to table was approved 5-2 with Councilmembers Ewing and Hill opposed. **'`*****"'"'*""`********""The main motion, as amended, was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Peden stated tonight was the best meeting he had ever attended. Mayor Smith thanked Council for they way everyone conducted themselves at tonighYs meeting. CONSENT AGENDA *'`Councilmember Peden moved to approve the Consent Agenda as presented: A. Authorize acceptance of 20 ft. utility easement from TMT Development for the Bay Area Boulevard 14" Waterline Project and authorize the Mayor to execute the easement document. B. Approve Minutes of February 05, 2007, Meeting. Seconded by Councilmember Horecky. The motion was approved unanimously. A motion was made and approved to adjourn at 12:38 AM. ` avid J.H. Smith Attest: o� f R�EIyQ� � � O O De oris McKenzie, TRM � City Secretary * � d� �,r� � ���►