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HomeMy WebLinkAboutCC Minutes 2007-03-19 Special 03/19/2007 2666 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( MARCH 19, 2007 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MARCH 19, 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. Councilmember LeCour stated he is proposing a property tax cap of 5% plus new growth, if the City needs additional funds, it can go to the voters. Councilmember Peden stated elections held every May and, in a sense is a Revenue Cap, the only issue he has with a cap, budget has to be approved by October 1 St and then special elections would have to be held outside of the May regular election, and may be in violation of the Charter if the proposed Charter amendment regarding election passes. Councilmember LeCour stated he disagrees that every May election is, in a sense, a Revenue Cap, it would depend on who was elected. Councilmember Peden stated in general terms, voters made changes on Council, a self-imposed revenue cap. Councilmember LeCour stated voters have lost faith in their communities, seeing less people voting due to apathy, when people get comfortable with government, they vote less, see it as consumer protection, think citizens, no matter which side, lost faith in their government that determined the outcome of the last two elections, feels that this is a check for the citizens, when we need to go above that cap and have approved in May and would affect the next Budget year, think would be enough buffer with the new growth. Councilmember Hill stated without a cap, it may inspire those to get out and re-elect those that serve on Council that has protected, without cap would build trust with elected officials. Mayor Smith made comments about the politics of the election, we saw a tax reform election, people saw that they could affect at this local level, cannot do that on the State and Federal level, does not think that this Council has found any glaring examples of mismanagement, some things can always be tweaked, think it was the big picture, think already has checks and balances in place. City Manager Bo McDaniel stated if the City sets the tax rate at a 10% increase, it would trigger an automatic rollback election. Councilmember Peden stated he believes that law has changed to 8% now without going to the voters. Mayor Smith asked Council to look at the big picture, thinking about the timing of this matter, the City is still in that developing mode, feels a little trepidation with talking about limiting future Council's ability to fund, think after build out or on a educated determination when a cap would be appropriate, would be more comfortable in looking at this possibility at a later time to look at impact. Councilmember Measeles stated he agrees with the Mayor Smith, still in growth mode, does not know what the consequences would be due to growth mode. Councilmember Ewing asked if 8% is 03/19/2007 2667 composed of all tax. City Attorney John Olson stated does take out growth, does not think with growth and emergency and if had to wait to May for permission, does not think it would be prudent, and stated the City could hold an election on any uniform election date. Councilmember Horecky stated there are measures in place to generate revenue in an emergency, such as short-term obligations. Councilmember Hill stated the City may need a tax increase to pay for it. Councilmember Ewing stated goes back to safety factor, need revenues for an emergency. Councilmember Peden stated his concerns were answered adequately, if in growth mode, if need funds, explain to voters need and either the voters will believe it or not, does not think in any way inhibit in any way, gives flexibility, my concern is going to cause additional work, have to anticipate tax increase above 5%, would have to know by May what is needed in advance, provides an incentive to stay engaged and for Council to plan ahead, make more responsive, not voting whether or not to have a cap voting whether or not to allow voters to vote. Mayor Smith asked what the difference is between 8 or 5%, Council has authority discretionary spending up to 5%, what is the difference of 3%, is it worth it $300,000? Councilmember Peden stated he clearly believes this is what the voters would decide, not saying agrees or disagrees. Councilmember LeCour stated if it is a small amount why not put on ballot. Councilmember Hill stated if convention center loses a million in revenue, asked how the City would fund it, just thinks this is a problem the City does not have. Mayor Smith stated the extra $300,000 would have paid for the Sunmeadow drainage project. Councilmember Peden stated put the numbers in context, reserve is about $4 plus in reserve, no rule says has to be replaced if spent, could replenish over time with a 5% tax rate, if need more, then take it to the voters, does not see would hamper doing business, if it does, take it to the voters. Councilmember Ewing stated that is less than $25.00 household increase, asked why the City should do this. Councilmember LeCour stated he wanted 2.5% but compromised to 5%, heard a compelling argument for emergency, if have something happened, asked how tax rate would be adjusted at that time, could not do it, has to wait for tax year, would have to act immediately, property tax is not the solution, let us do it and see how it works, if it is not a lot, let us do it. Councilmember Ewing stated could be a 5-year test with the Charter amendments, thinks with the election it is an annual test. Mayor Smith asked for a consensus of Council. Councilmember LeCour stated he is in favor of a 5% cap plus new growth. Councilmember Peden stated he is in favor. Councilmember Ewing stated she is not in favor. Councilmember Measeles stated he is not in favor. Mayor Smith stated he is not in favor. Councilmember Hill stated he is not in favor. Councilmember Horecky stated he does not know, can do it now up to 8%, political position now, limited to what is decided right here, would be the will of Council. Councilmember LeCour stated politicians will say anything to get elected, does not know what will happen in next 5/6 years, tired of politicians saying they are fiscally conservative, getting tired of it, likes going to other towns to say Friendswood is fiscally conservative, the City is a shining example of being conservative, Friendswood is unique. Mayor Smith stated he thinks the citizens are conservative and will maintain that future Councils will be conservative, the next subject is having an external auditor, under the management of the City Council, greater control, the other side of argument is that Charter already allows for investigations. Councilmember Peden stated his opinion of the wording of the current Charter appears more judicial in nature, thinks that this proposal is looking at individual project, department, not investigation or malfeasance, opportunity or ability to do audit of departments, functions, projects and does not believe that gives the Council the ability to do that. Mayor Smith stated he does not disagree, appears to be judicial but believes Council has authority to look into anything, does not disagree with language as the current Charter has. Councilmember Horecky stated he tends to agree with Mayor Smith, maybe what the City needs to do, change the wording in the current Charter, not wanting to hire an auditor, think can be worded in such a way that it would be onerous, does not have a problem with the City Manager or the Departments, if problem in department, have ability to look at without appearing to be under scrutiny, looking for a performance audit, instead of hiring a auditor, re-work so that it is does not appear judicial. Councilmember Horecky stated the current policy is that has to be a consensus of Council for the City Manager to provide information, believes the voice of the minority should not be eliminated, work on Charter wording and on the current policy, maybe changing Charter wording to more of a fact finding and not judicial. Mayor Smith stated he does not believe that section needs to be changed, probably in a different place or in addition to the existing wording. Councilmember LeCour stated a full-time position without the change to the Charter, would report to the City Manager, in generic, would be in Council's 03/19/2007 2668 power to hire outside consultant for anything. Councilmember Ewing stated if is more than two hours of work, need a consensus of Council to pull together information, consider how this would affect Staff. Mayor Smith suggested taking this subject up as policy at a later time. Councilmembers Ewing, Horecky, Peden and Measeles agreed the City does not need an auditor. Councilmember LeCour asked if there is a concern that a minority of Council cannot get information, could it be withheld by the majority. Mayor Smith stated this is not part of the subject matter and will be discussed later. There were no other concerns for the Charter amendments brought forward. 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 7:00 pm with no action taken later in the meeting. RECONVENE INTO OPEN SESSION 7:00 PM— REGULAR SESSION The invocation was given by Pastor Ralph Hobratschk with Hope Lutheran Church. Mayor Smith led the Pledge of allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS City Manager Bo McDaniel Presented the Distinguished Budget Presentation Award to Administrative Services Director Roger Roecker and Accounting and Utility Billing Supervisor Cindy Edge and Staff, and thanked them on behalf of the City. Mr. Roecker paid special appreciation to Cindy Edge, stated this award is a great testimony for a great job. This is the fourth year the City has been given this award. Mayor Smith recognized Boy Scout Troops 452 and 1829 from Mary Queen Catholic Church, recognized Zachary James Velky who achieved his Eagle Scout, and recognized these young men as future leaders. JOINT DOCKETED PUBLIC HEARING Mayor Smith and Acting Planning and Zoning Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding a Zone Classification change for a tract of land containing 5.293 acres, being in the Mary Sloan Survey, A-184, property located on FM 528 adjacent to Sunmeadow Subdivision, south of Country Club Drive, Galveston County, TX, from Neighborhood Commercial (NC) and Multi-Family Residential - Medium (MFR-M) to Community Shopping Center(CSC), and a Zone Classification change for a tract of land containing 9.071 acres, being in the Mary Sloan Survey, A-184, property located on FM 528 adjacent to Sunmeadow Subdivision, between Cypress Point Drive and Sunmeadow Boulevard, Galveston County, TX, from Single Family Residential (SFR) to Community Shopping Center(CSC), and a Zone Classification change for a tract of land containing 17.847 acres, being in the Mary Sloan Survey, A-184, property located northwest of FM 528 adjacent to Sunmeadow Subdivision, at the end of Country Club Drive, Galveston County, TX, from Single Family Residential (SFR) to Multi-Family Residential - Medium (MFR-M), and a Zone Classification change for a tract of land containing 39.384 acres, being in the A.H. Jackson Survey, A-128, property located at 1700 FM 528, near Friendswood Lakes Boulevard, Galveston County, TX, 03/19/2007 2669 from Single Family Residential (SFR) to Community Shopping Center(CSC) (Manning Estate). Brett Nichols, Friendswood resident, addressed Council and stated he works for Millennium Development, spoke in favor of the zoning change. Byra Richardson, Friendswood resident, addressed Council and asked for clarification of what is being planned, conceptual plan shows part of property being included, has not given or sold property, wants to know why this property is shown in plan, concern with drainage, concern with 60 ft. county easement that seems to have gone away with this plan. Jaclyn Burket, Friendswood resident, addressed Council and stated she is the President of the Sunmeadow Homeowners Association and spoke on behalf of the board, concerned with green space, do not want any zoning to impact any market value of home sites, this is her main concern, has tried to work with Millennium Development as Council has asked, does not think there is a comprise, think is only solution, why does the ratio have to be 80/20 to develop Municipal Management District(MMD). Charles Miller, Friendswood resident, addressed Council and stated his home is on the 17t" fairway, is opposed to proposed rezoning, thinks changing the 17t" fairway into a strip center would drastically reduce the market value of his property, asked the City to include in deliberation, asked if the City really needed more strip centers when so many vacant centers, has seen 21 shops that are vacant, sees no activity, seeing a activity golf course would be a whole lot more attractive. Chris Leslie, Friendswood resident, addressed Council and stated he understands why the rezoning is being proposed, talked to the Chamber of Commerce, asked if anyone knows how much commercial property there is in Friendswood and how much is being utilized, and then talked to the City, and was told 486 acres zoned as commercial, does not know how much is being utilized, information does not exist, maybe the City needs to get its hands around this before moving forward with this. Jean Hinckley, Friendswood resident, addressed Council and stated she lives next to 17t" green, has never flooded, last three rains her yard has been flooding more and more, with loss of fairway, does not want to flood. Faye Roberson, Friendswood resident, addressed Council and stated she is concerned regarding #4 hole, holding water now during rain, #4 hole is not a part of rezoning, opposed proposed zoning, no plan for this project, totally against it and neighbors would affect and a shame that after all of these years not any closer to a plat, has been working with this agent for several years, the owner was here Jan, 2006 and was asked for a plan then and he said no not until he has a Municipal Utility District (MUD). Jeri Jobe, Friendswood resident, addressed Council and stated she is the Sunmeadow Town Homes Secretary, 17t" hole, does not have a need for commercial, would not oppose residential, would not like just any business come in, patrons could be a problem, would like to see 17t" hole be donated as a City park, could have walking path, possibly look at smaller homes, some would like to see a smaller home or town homes, more affordable, may be a good use of that land, concern with drainage, why wanting to develop this as a MUD. Ed Sherrill, Friendswood resident, addressed Council and stated he appreciates the mail out from the City with zoning report, concerned with size of development, asked if all of this has to be rezoned commercial before development plan be put together, could understand if that is the case, what if plan never comes to maturity, if does not, if rezoned can begin developing commercial, concerned with transportation issues, in Windsong just want to be left alone. Dan Kidwell, Friendswood resident, addressed Council and stated he has an issue with drainage, only have well and septic in his subdivision, asked where all of that water is going to go, stated there is no City 03/19/2007 2670 sewer where he is, additional stop lights on FM 528 and traffic, asked how the developer will take care of this, knows the City will take care of this, asked how will the country club get started, concerned with drainage, trying to connect through neighborhood and does not see that working. Tommy Blake, Friendswood resident, addressed Council and stated looks like 60 ft. irrigation has been bought next to #3, #4 & #5 and wants to know who to and why he was not allowed to buy, been here 25 years been flooded twice, knows about flooding, opposed to cutting through Windsong Subdivision, opposed against the development. Lisa Ferinsky, Friendswood resident, addressed Council and thanked those that have spoken about 17t" hole, it was the neighborly thing to do, live on 17t" home and appreciates, concerned with traffic, to put commercial at this location will increase traffic, what type of establishment next of Windsong Elementary, safety is a issue, worried about drainage and property value, only two entrances into the subdivision would change the makeup of the subdivision by opening it up, more about people than commercial, build up the commercial that we have that we are not using at this point. AI Kelly, Friendswood resident, addressed Council and stated he is against item B, Millennium Development rezoning, completely and opposed to C and D rezonings, and agrees with the neighbors on the 17 hole and their property value, part of golf course under preliminary plan, get golf course rezoned or green space and zoned away from residential, thought there was a preliminary agreement to zone golf course as green space, now is not the time to rezone as commercial, rezoning as Multi-Family Residential-Medium (MFR-M), right now is not the time to do this, D, same concern as others rezoning 40 acres as commercial thought some was to be zoned residential and has concerns about that. Scott Robertson, Friendswood resident, addressed Council and stated he is concerned with old country club property, concerned with commercial coming in there, concerned with property value, other commercial establishments not a lot of capacity, does not like a right thing to do, will see increase in crime, seems a better use of that land than commercial. Randy Dean, Friendswood resident for 24 years, addressed Council and stated he feels caught between the City and the developer, thinks citizens of Sunmeadow will lose, does not believe need another strip center, keep 17t" hole out of zoning, keep retained, end of Country Club Drive, from Single-Family Residential (SFR) to Multi-Family Residential (MFR), does not understand, Manning property wants to rezone most of this as commercial, feel sure there is a big plan, just has not it, can there be rezoning according to a plan, if plan fails, can rezoning revert back to what it was, can property is not developed revert back. Dan Kidwell addressed Council and stated there is a huge high pressure gas pipeline behind Windsong Subdivision, does not want to forget about that, feel sure cannot encroach that pipeline, runs parallel to FM 528 and runs to the Manning property, sure all of this will come up. Acting Planning and Zoning Chairman Kevin Holland asked Mr. Nichols to respond to some questions that were raised. Why he was rezoning before submitting a plat? Mr. Nichols responded that it needs to be rezoned first before he could develop plat. Concerns about drainage issues and drainage easements? Mr. Nichols stated once the land is rezoned, a drainage engineer will do a drainage study. Asked about long-term zoning history of area and 80/20 issues and additional strip centers. Mr. Nichols stated in most of rezoning, with FM 528 and Brittany Bay that is a natural high-traffic area and likely for commercial. Asked about other areas that seem like the best area for commercial, most of homes in Windsor back up to Multi-Family Residential and asked about the 17t" hole. Mr. Nichols stated the plan has always been to change this to commercial, stated trying to make property contiguous, stated the 17t" hole is not zoned green space today it is zoned SFR, Mr. Nichols stated questions were asked about drainage easements, the drainage lines were laid out by surveyor when property was purchased, Volymer ditch was never conveyed to Galveston County Consolidated Drainage District(GCCDD) and was part of purchase and all 03/19/2007 2671 of the property being requested for rezoning was part of the purchase. Mona Miller, Development Coordinator, explained nine units per acre are allowed in MFR-M, stated she is not aware of any zoning that reverts back, except either by specific use that reverts after two years of no activity or Planned Unit Development(PUD), can negotiate how to be laid out, no zoning reverts. Hearing no further comments, Mayor Smith and Acting Planning and Zoning Chairman Holland closed this Joint Docketed Public Hearing. COMMUNICATIONS FROM THE PUBLIC Fred Krch requested to speak regarding Lake Friendswood, addressed Council and stated he is a long- term resident, asked what was Council's honest plan and timetable to develop this asset that the City has had for 14 years, beautiful piece and could be developed beyond any other park. Councilmember Hill stated Council has discussed the lake, does not own all of the lake, access is a huge problem very expensive to build a road, follow every avenue to make this work, very difficult situation. Fred Krch stated he thinks everyone is creating more problems than what it is, people build on lake property all of the time, could build road inexpensively. Councilmember LeCour stated the lake has been talked about and infrastructure was discussed, he thought could make changes relatively easy and inexpensive, the City is concerned by re-bar in the lake, was told about concern with swimming, does not know about liability, thinks make accessible to the public. Fred Krch stated there are obstacles and hazards in all waterways, that area that is supposedly unsafe, can be marked with signage, it is just a crutch that someone ones to use that does not want to develop, can be handled inexpensively. Councilmember LeCour stated he agrees there is a way to allow and can use signage, think there is funds in the planning funds. Fred Krch stated if Council wants to see a sandpit developed, go to Pasadena where the City developed a beautiful place. Councilmember LeCour stated he remembers that the only way to access the lake is through the Rancho Viejo and doubt that they will want that traffic, when Brittany Bay is opened up, it will showcase this property, was advised that there is currently an unpaved road into the area. Mayor Smith reminded Council that discussions were held in Executive Session and asked Council to be carefu I. Councilmember Ewing stated she is absolutely in support of this, there is some discussion being held with Galveston County regarding a park in this part of the county, some issues that have to be addressed. Fred Krch asked why Council was keeping this secret, why Council was keeping it in Executive Session. Councilmember Horecky stated there are some safety issue, are there some liabilities, absolutely, some will not read signs, does want to develop lake, cost for compliance, know would be great thing, regulations that are bound by before making it accessible to the public. Fred Krch stated there are people using that lake now, no different than the pond at Centennial Park, and 03/19/2007 2672 stated the City is liable for all of the waterways within the City. Mayor Smith stated there is a difference between legal and moral liability. Fred Krch stated when Council talks about safety, you are talking about people. Councilmember Peden stated there have been several discussions, the consensus of most of Council is to develop, stated he does not want to partner with county, when Brittany Bay comes in, it will be right by the lake, it will be cost effective, and does not believe give up any ownership. Fred Krch stated as far as cost savings, the City could have bought the five acres from the owner of a portion of the lake years ago. Councilmember Measeles stated he does not know of any Councilmember more than him that wants this to be a park, it was stopped due to lawsuit, has visions of being similar to lakes in Brazos Bend Park, understands this is a great lake to fish in, believes there is a way to get around re-bar, believed Mr. Krch was going to look into way to identify where the re-bar is located, no prior Council has agreed to dedicate funds to develop the lake as a park. Fred Krch stated he has submitted bids to City to survey for re-bar in the amount of $3,600, a very sophisticated way to view the re-bar, by has not heard back from the City. Mayor Smith stated he would like to see the park developed but only when this Council deems it is the right time to develop and in line with relation to other projects that are planned, and must be in conjunction with budgeting, allow Council to make prudent plans for that, does not have all the information needed, got to ask for patience to allow for planning, development costs money and a matter of prioritizing priorities, appreciate what is wanted to open up but must be done in a timely fashion. Fred Krch stated there was an excess of$1 million dollars that was spent, stated do not tell him there is not money to develop this park, the City has been sitting on this for 14 years, stated he is 85 years old does not have 14 more years to wait, asked to put information in Focus on Friendswood, citizens have the right to know what the City is contemplating, move discussion out of Executive Session, stated this is not an issue for Executive Session. Raul Cruz, Pearland resident, addressed Council and stated he is the Friendswood Independent School District (FISD) Transportation Director, stated he is opposed to the Ordinance changing the length of the cul-de-sac, and stated children would have to walk farther. Mayor Smith thanked Mr. Cruz for his comments, but stated the Public Hearing was closed and Council could not receive additional comments. Bill Raley, Pearland resident, addressed Council and stated he is building in Friendswood, adjacent to 510 Providence Drive buy-out property, asking Council to allow time for him to contact the landowner adjacent to the property that has application for the buy-property to ask if would share, possibly a garden front, asked if the City could allow this. City Attorney John Olson advised Council could consider allowing shared use of this property. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS No report was given from Community Appearance Board Chair Patty Steinke at this meeting due to a death in Ms. Steinke's family. 03/19/2007 2673 CITY MANAGER'S REPORT City Manager Bo McDaniel reported on the Chamber of Commerce's request for advertising the FIG Festival on the City's Website and PEG Channel. The Chamber of Commerce asks that the City advertise the April 21 FIG Festival on the PEG Channel and the website. However, a determination is needed by Council that such a request is consistent with Council's policy. See the attached policy where it states: "Content to be broadcast on the PEG channel shall be exclusively limited to municipal business of the City of Friendswood." Should Council direct that we accommodate the request of the Chamber, Staff will proceed accordingly and draft a policy revision for approval by consensus at the next regular Council meeting, including ratification of the City Manager's action to advertise before the official policy is revised. ACTION ITEMS **Councilmember Peden moved to table Consent Agenda Item D. Approve a license agreement for a buy-out property at 510 Providence Drive. Seconded by Councilmember Measeles. The motion to table was approved unanimously. Councilmember Peden stated it was the consensus of Council to direct the City Manager to direct Staff to help with getting the phone number of Mr. Johnson, the landowner adjacent to the property of Mr. Raley. **Councilmember Peden moved to approve appropriating funds to support the Chamber's 2007 FIG Festival. Seconded by Councilmember Ewing. The motion was approved 5-2 with Councilmembers Horecky and Hill opposed. **Councilmember Peden moved to authorize the City Attorney to draft a resolution regarding Texas Municipal League's language in an article about Americans for Prosperity. Seconded by Councilmember LeCour. The motion was approved unanimously. Councilmember Measeles stated there is a Texas Municipal League (TML) Region 14 meeting coming up next month, would be an opportunity to express feelings regarding this article, as far as bringing forward may be a good opportunity to be a part of the solution not a part of the problem. Councilmember Peden read the article to the public, stated he thinks it would be appropriate to suggest an apology be given to the TML membership. **Councilmember Measeles moved to approve an agreement with PKF Consulting Houston to conduct a feasibility study for a hotel/conference center. Seconded by Councilmember Ewing. ***Councilmember Horecky moved to table approving an agreement with PKF Consulting Houston to conduct a feasibility study for a hotel/conference center. Seconded by Councilmember Peden. The motion to table failed 3-4 with Mayor Smith, and Councilmembers Ewing, LeCour& Measeles opposed. ****The main motion was approved 4-3 with Councilmembers LeCour, Hill, and Horecky opposed. **Councilmember Peden moved to approve sending no comment as the City's response for public comment to Texas Department of Housing and Community Affairs regarding an application to secure housing tax credits for a proposed senior Multi-Family Residential development on FM 528 fronting Friendswood Lakes Subdivision. Seconded by Councilmember LeCour. 03/19/2007 2674 Mayor Smith suggested holding a public hearing to receive public comments prior to submitting comment to the State. City Attorney John Olson stated he does not believe it would be unlawful to hold a public hearing to gain input from the public to formulate comments to the State. ***Councilmember Hill moved to amend the main motion to call for a public hearing. Seconded by Councilmember Horecky. The motion to amend was approved unanimously. ****The main motion, as amended, was approved unanimously. **Councilmember LeCour moved to hold a workshop regarding drafting a Memorial Policy for public recognition of citizen service. Seconded by Councilmember Horecky. The motion was approved unanimously. **Councilmember LeCour moved to revise the Design Criteria Manual to approve using pavers as approved material. Seconded by Councilmember Horecky. ***Councilmember Hill moved to amend the main motion to reflect that pavers must be installed over 6 inch of concrete with re-bar. Seconded by Mayor Smith. The motion to amend was approved unanimously. ****Councilmember Ewing moved to table revising the Design Criteria Manual to approve using pavers as approved material. Seconded by Councilmember Measeles. The motion to table was approved 5-2 with Councilmembers LeCour and Hill opposed. **Councilmember Horecky moved to approve an interlocal agreement with the Galveston County Consolidated Drainage District for the review and approval of plats and proposed drainage plans for new subdivisions. Seconded by Councilmember Peden. The motion was approved unanimously. RESOLUTIONS **Councilmember Horecky moved to approve Resolution R2007-10 — a Resolution of the City of Friendswood, Texas, authorizing aerial spraying over Friendswood by the Galveston County Mosquito Control District for the county-wide mosquito control program and asked the City Manager to advise what the needs are in Harris County. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Horecky moved to approve Resolution R2007-11 — a Resolution of the City Council of the City of Friendswood, Texas, designating the Mayor as the City's representative in seeking eligible grant funds under the Victims of Crime Act (VOCA) Fund for Fiscal Year 2008; and authorizing the submission of such grant application to the Criminal Justice Division of the Office of Governor. Seconded by Councilmember Measeles. The motion was approved unanimously. **No motion was made to approve Resolution R2007-12 — a Resolution amending City of Friendswood Resolution No. R2007-09, passed and approved the 5th day of March, 2007, which Resolution provides for the holding of a Special Election for the purpose of submitting to the qualified voters of the City certain proposed amendments to the existing Charter of the City, by including certain additional proposed amendments to the ballot of such election. No other Charter amendments were identified. 03/19/2007 2675 **Councilmember Measeles moved to approve Resolution R2007-13 — a Resolution adopting a Capital Improvement Program containing a summary of all proposed programs to be acquired during a five year period, cost estimates, method of financing and a recommended time table for constructing the improvements to be undertaken in the City of Friendswood, Texas pursuant to the authority contained in Amendment No. 11 of the Charter. Seconded by Councilmember Hill. ***Councilmember Peden moved to table Resolution R2007-13. Seconded by Councilmember Ewing. The motion to table was approved unanimously. ORDINANCES **Councilmember Horecky moved to approve the First and final reading of Ordinance No. 2007-02, an Ordinance known as "Budget Amendment I", amending City of Friendswood, Texas, Ordinance No. 2006- 24, passed and approved September 25, 2006 and being an ordinance approving and adopting the City's General Budget for Fiscal Year 2006-2007; providing amendments to such budget; and providing other matters related to the subject. Seconded by Councilmember Peden. The motion was approved unanimously. **Councilmember Peden moved to approve the First reading of Ordinance No. 2007-03, an Ordinance amending City of Friendswood, Texas, Ordinance No. 2006-28, same being an amendment to Appendix C (Zoning Ordinance) of the Code of Ordinances of the City, said Ordinance No. 2006-28 changing the zoning classification of a 0.8953 acre tract of land located at 301 Laurel Lane from Original Business District (OBD) to Planned Unit Development District and granting a Specific Use Permit to authorize use of property within said PUD for Office Park Uses; providing for an amendment of the site plan for such Planned Unit Development to allow an additional building; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Peden moved to approve the First reading of Ordinance No. 2007-04, an Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19th day of November, 1984, and being the Zoning Ordinance of the City, by deleting Subparagraph B of Paragraph 3 of Subsection Q of Section 7 thereof and substituting therefor a new Subparagraph B; providing that the height limitations for buildings and structures within a Planned Unit Development District shall be as set forth in the ordinance authorizing the Planned Unit Development; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Measeles. The motion was approved unanimously. **Councilmember Peden moved to approve the First reading of Ordinance No. 2007-05, an Ordinance amending City of Friendswood, Texas, Ordinance No. 2000-01, as amended, originally adopted the 17th day of December, 2000, being Appendix B of the Friendswood City Code, and being an ordinance providing rules and regulations governing plats and the subdivision of land, by adding and revising certain definitions in Subsection E of Section I thereof, by changing the maximum length permitted for cul-de-sac streets contained in Paragraph 1 of Subsection G of Section III to 750 feet, and by revising Subsection H of Section III to establish a method of ineasuring block lengths and to eliminate a minimum length for cul- de-sac streets; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Hill. Mayor Smith asked for additional time to gain additional information regarding FISD's concern regarding length of cul-de-sac and the distance students would have to walk to catch the bus. 03/19/2007 2676 ***Mayor Smith moved to table the First reading of Ordinance No. 2007-05. Seconded by Gouncilmember LeCour. The motion to tabfe was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Mayor Smith and Councilmembers LeCour, Hill, Horecky, Peden, and Measeles stated they had no reports. Councilmember Ewing announced that Karen Crofton is the new Director of the Friendswood Senior Center, announced the Seniors will hold their annual spaghetti fundraiser this Wednesday and urged everyone to attend, stated there are new programs being offered for the Seniors, announced that Spring Sparkle will be held on April 215t, Westwood Elementary will be honored as Texas School of Character and stated Wedgewood is the only school in Texas to receive this distinction. CONSENT AGENDA **Councilmember Peden moved to approve the Consent Agenda as presented, with the exception of Items E8�F: A. Approve agreement with City and Breath Alcohol Testing Technical Supervisory, Inc., for intoxilyzer services and authorize the Mayor to execute. B. Approve agreement with Harris County Sheriff's Department for Automated Fingerprint Identification System (A�{S} access and authorize the Mayor to execute. C. Accept infrastructure for Northfield Estates Subdivision for the contractor's one-year maintenance period. Seconded by Councilmember LeCour. The motion was approved unanimously. "**Councilmember Peden moved to table Items E-F: E. Accept Property Tax Report. F. Approve Minutes of February 9, February 10, February 19, and March 1, 2007 Meetings. Seconded by Councilmember Ewing. The motion to table was approved unanimously. , A motion was made and approved to adjourn at 10:50 PM. Mayor David J.H. S h Attest: f R�E1y0 � ��� �� . � �p O D loris McKenzie, TR C City Secretary * * � �4r� � �+p�