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HomeMy WebLinkAboutCC Minutes 2008-02-18 Special 02/18/2008 2862 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( FEBRUARY 18, 2008 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, FEBRUARY 18, 2008, 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 LESLIE REID COUNCILMEMBER ANDY RIVERA CITY ATTORNEY BOBBY GERVAIS CITY MANAGER BO MCDANIEL DEPUTY CITY SECRETARY MELINDA WELSH Mayor Smith called the meeting to order. 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, Section 551.072 — Deliberation regarding real property and Section 551.076— Deliberation about security devices. Council convened into Regular Session at 7:00 pm with no action taken later in the meeting. RECONVENE INTO OPEN SESSION SPECIAL SESSION Discussion was held with the Community Appearance Board (CAB) regarding entryway signs and poles for the City. Councilmember Ewing thanked CAB for their hard work and introduced the members who attended the meeting. James Toney, Community Services Director, stated that he started out a year ago investigating how the City could be beautified and make the medians more attractive and stated he has been working on entry signs with different designs and a group of people put together some specs (specifications) that were shown to Council while taking CAB's ideas and putting them together. Mayor Smith asked questions about the monument signs and James Toney stated eight signs are proposed and also located a local company named 4D SignWorx in Houston who worked with the City's ideas looking for symbols of Friendswood architecturally and color-wise and thought green would be a good color for the City, discovered limestone and red brick are used a lot in Friendswood and asked to use this as a symbol. CAB Chairman, Patty Steinke explained the drawings and stated CAB unanimously liked the third sign in the drawing with green granite and a seal with blasted lettering because it looks conservative and sophisticated. Councilmember Peden stated he liked the historic appeal and Mayor Smith stated this will encourage developments to use the same appearance theme. Councilmember Peden stated CAB has done a great job. Councilmember Peden stated he also likes drawing number 3 and Patty Steinke stated the cost for sign number 3 is between $12,000 and $15,000 per sign and does not include lighting or the landscaping. Mayor Smith asked about whether one sign will last longer than the other and she 02/18/2008 2863 stated brick will last longer, limestone would fade and granite will last awhile. Councilmember Ewing announced that CAB members Gail Rogers and Paul Marx had just arrived and stated the City would get a volume discount on the signs and would like the City to have 8 signs, CAB can come back later and talk about lighting and landscaping and stated there are some members of CAB that like doing that type of work. Councilmember LeCour stated limestone will discolor and asked the City Attorney if the City would have to bid that out. The City Attorney stated the City could probably argue that the City would not have to but to be safe the City should go out for a bid. A CAB member stated there are only a few companies that do the work on their own, 4D SignWorx does not outsource and they do all the work onsite. Mayor Smith stated the City could do a Request for Proposal (RFP) and would not have to choose the lowest bid. Councilmember LeCour asked if any guarantees come with the foundation to protect against leaning or signs falling down and asked if there are any signs out there that use the green stone because sometimes what looks good on paper does not look good in person and Patty Steinke stated samples of the granite were seen. Councilmember LeCour stated he would like the sign to jump out at people and to be noticed. Patty Steinke stated 4D SignWorx stated the green granite has not been used with any signs in Houston thus far, the granite has been used before but not the green. Councilmember Hill stated with granite it will always look different when it comes out because God creates it. James Toney stated he would like to discuss banner poles and Paul Marx will help answer questions if needed. Councilmember Ewing stated the City of Webster bought these poles and went from there, there are banners that the City currently has but the poles would be different. Patty Steinke stated Friendswood's medians are numbered and informed that CAB member Paul Marx works for the electric company and helps cities with their banner poles. Subcommittee members Gayle Rogers, Paul Marx and Patty Steinke checked out a company in the City of Pearland who has worked with them on the poles and brought back information to CAB and narrowed it down to two poles with estimates of $1008 each and the poles would need two brackets per pole and also would need another 58 brackets. Paul Marx stated the estimate for a concrete foundation was $500 per pole which was high and can be converted to street light poles by going ahead and running conduit through them. Councilmember Reid asked why place the signs in the center median instead of on the side of the street. Patty Steinke responded that her eye is drawn to the median and that is why. Councilmember Peden stated he has spent a lot of time on the road lately and has taken pictures to show to CAB and in the 14t" District of the City of Victoria there are a lot of banners and on the bottom of each one has a business name and that would be a good way to offset the cost, this is a tax deduction for businesses as well and stated he is not sold on median poles yet but needs to do something about the ugly utility poles. Councilmember LeCour asked if aluminum would be used because it usually corrodes. Paul Marx stated Center Point Energy uses aluminum and has not seen one corrode and has worked there for fifteen years, there are different grades of aluminum. Mayor Smith reminded Council that there is an action item for this on the agenda tonight. Councilmember Peden stated he remembers that the City has money in the budget for this because he pushed for it and Councilmember Ewing stated this is $250,000 and lighting and landscaping were not included so the price will go up. RECONVENE INTO EXECUTIVE SESSION RECONVENE INTO SPECIAL SESSION Discussion was held with the Planning and Zoning Commission (P&Z) and the Community and Economic Development Committee (CEDC) Chairs and Vice Chairs regarding updates/status report on the City's Comprehensive Land Use Plan. Mayor Smith stated he would like to recap on this issue, P&Z has been working on this for several years and this sets the stage for legal and proper use on zoning issues, this gives landowners a comprehensive idea of what the City will become in the future, piece missing for him is researching subdivisions in the City that should be designated Single-Family Residential Estate (SFR- Estate) instead of just SFR so those lots can stay large. P&Z Vice Chair Sherry Weesner stated P&Z rewrote a portion of the Estate Lot ordinance and the group felt the City should have estate lots in the 1, 2 or 3 acre, and it is ready to go back to the Community Development Department (CDD) and be presented to larger groups. Mayor Smith asked if P&Z were ready to have a product to bring back to Council, P&Z needs to go as a group to take one final comprehensive look at one of their meetings and then bring it 02/18/2008 2864 before Council. Dan Sefko with Dunkin, Sefko &Associates stated after the Council workshop with P&Z, CEDC and Mayor and Council decided that they should have an Open House for the public and do a question and answer session and then do the required public hearing. Dan Sefko stated committees and Council should tell the story at an Open House and explain how this process got started. Councilmember Rivera stated the Thoroughfare Plan and Parks Plan are part of the Comprehensive Land Use Plan and this should be addressed first. Mayor Smith stated a Council Retreat is proposed for March 29, 2008, and invited the Chairs and Vice Chairs of the committees to get input. Sherry Weesner stated the Parks Board wrote the Parks section and the Library Board wrote the Library section. 7:00 PM— REGULAR SESSION Instead of an invocation, a moment of silence was held for the grieving community of Kirkwood, Missouri. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. JOINT DOCKETED PUBLIC HEARING Mayor Smith and Vice Chairman of the Planning and Zoning Commission Sherry Weesner called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written, regarding amending Appendix C, Zoning Ordinance (Downtown District) of the City of Friendswood Code of Ordinances, regarding sidewalks/alternatives. No one spoke for or against the request. Mayor Smith and Vice Chairman of the Planning and Zoning Commission Sherry Weesner called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written, regarding amending Appendix B, Subdivision Ordinance of the City of Friendswood Code of Ordinances, Section V- Required Improvements, regarding a sidewalk fund. No one spoke for or against the request. Mayor Smith left the Public Hearing Open. SPECIAL SESSION Discussion was held with the Planning and Zoning Commission (P&Z) regarding amendments to the Sign Ordinance for nonconforming/obsolete signs. Vice Chair Sherry Weesner stated all of P&Z are happy with the recommendation they made and are at the meeting to hear questions about signs. Councilmember Peden asked what is wrong with the current code and a P&Z member stated Council asked P&Z to work on lawfully non-conforming signs, obsolete signs and on the uniformity in signs for the business district, the proposal is to rewrite Section 26 of the code. Councilmember Peden asked about Downtown District and stated he heard comments about Friendswood being too hard. P&Z member Mark McLean stated would have to conform if businesses changed hands. Mayor Smith stated they have to have some provision to influence the owner to have a conforming sign which is a monument sign and a tenant change would trigger this. Mark McLean answered that the business owner has a year to conform. Councilmember Peden stated this is the third time the sign ordinance has been changed, keeps getting changed and is expensive, single tenant buildings would stay vacant for a long time because it is too expensive, if the property could not be rented in a year then the building owner would have to conform and spend that money, why should they be punished because the City changed the rules. Councilmember Rivera stated it currently said thirty days and a year is giving the business owner more time. City Attorney Bobby Gervais stated the rule says a tenant has two years to conform and a building owner has one year. Councilmember LeCour asked if state code is asking the City to comply and P&Z member Mark McLean stated no but it would be hard to enforce thirty days if State law says one or two 02/18/2008 2865 years. Councilmember Peden asked if in a multi-tenant building do they have to re-do the whole sign and Mayor Smith stated no because it is the last tenant that moves in, does not want to pass and have to change it later. Sherry Weesner stated that it only applies if the last tenant moves out and then 2 years later they would have to conform. Councilmember Reid asked how the owner would be notified and City Manager stated they would be sent a letter from the Community Development Department (CDD) and it would be sent to all sign holders. Mark McLean stated the purpose of having the sign ordinance is to have uniformity and the City Manager stated new business owners ask why they cannot have as big of a sign as other business owners do and the City has to explain that others were built before there was a sign ordinance, ultimate purpose of zoning is to have a higher value for all. Councilmember Reid asked if there is a time limit on damaged signs and Mark McLean stated no and Councilmember Reid asked if the City should have a time limit. The City Manager stated when the City notices a violation they do not immediately fine the business owner, there is a process to go through that is lengthy and even if the City goes through all the hoops, Municipal Court may not find them guilty. Councilmember Peden asked if these are required because the City did not keep good records and the City Manager stated it is part of the process. Councilmember Peden stated he would like to see the permit done while they receive their notice, the City is compelling compliance so they can do it in 90 days allowed to make it easier. P&Z stated they decided not to propose a fee because they did not think it was right, as long as the City does not increase the non-conformity of the sign the business owner can make repairs as long as it is not more than 60% damaged. Councilmember Rivera stated the 60% is the cost of the sign not cost of repairs and the City Manager stated this is liberal compared to other cities. Community Development Director Les McMahen stated City records dated after November 2005 can document sign permits. The City's adopted records retention schedule and subsequent destruction allowed destruction of these permits before November 2005. Councilmember Peden stated he was saying some of these records are 30-40 years old so he understood. Sherry Weesner stated P&Z would work to clarify that 60% is a financial number and obsolete signs with multiple tenants. Mark McLean stated 60% comes right out of Chapter 216 of the Local Govern ment Code. Mayor Smith and the Planning and Zoning Vice Chairman Sherry Weesner decided to discuss the item regarding the Design Criteria Manual at the next joint meeting. COMMUNICATIONS FROM THE PUBLIC Paul Keesling, Friendswood resident, addressed Council and stated he would like to discuss Friendswood Link Road project, owns property that will be impacted by the EI Dorado project and has a residential driveway on the Harris County side, is concerned about the impact of this project on his property, the sidewalk will be very close to his garage doors and will have a financial impact on him, is all for progress but does not want to have to pay financially for that. The City Manager stated once the plans have been approved, the City can see what impact Mr. Keesling's property is going to have then the City can negotiate with him. Community Development Deputy Director Mo Kabiri stated they are hiring a firm to start the process so someone will be contacting Mr. Keesling. Councilmember Rivera asked if Mr. Keesling could move the garage and Mr. Keesling stated his garage is 25 x 25 and is over into the easement and further stated he was annexed and then became non-compliant, the driveway onto EI Dorado is a traffic hazard and is comfortable if the City could come to some fair agreement. John Martin, Friendswood resident, addressed Council and stated he has no idea if Friendswood Link is going to be two lanes, three lanes or any other number of lanes and would like more information to see how this will impact his property. Mo Kabiri stated the City will decide to go with a company to do easement acquisition and invited Mr. Martin to come in and meet with him tomorrow to see the plan. Councilmember Peden stated it is only funded to Blackhawk Boulevard. 02/18/2008 2866 Bea Morris, Friendswood resident, addressed Council and stated she and others are in support of the item on the agenda which is the agreement with the Galveston County Consolidated Drainage District. There are five families at the meeting tonight and would like to increase the tributaries to a 10 year flood plain instead of the 2 to 3 years that it is now. Joe Debonis, Friendswood resident, addressed Council and stated he has lived in Friendswood 31 years and would like to know about when the City is going to build a Community/Civic Center. If it was not for the local churches the City would not be able to have a meeting with the Chamber of Commerce, is a dual purpose, the City should have one, the City already has a great Senior Center, Library, Schools, Police Department, Fire Department, and now Friendswood needs a Community Center. The Senior Center will be having a spaghetti dinner that is a fundraiser coming up soon. Mike Eldridge, Friendswood resident, addressed Council and stated he is Vice President of Friendswood Youth Facilities, recently sent a letter to Community Services Department Director James Toney to begin talks for the 2008 season, thanked the City for the use of the facilities at Centennial Park, was a successful year for them, a Lake Jackson organization brought City Councilmembers from their City to show them Friendswood's wonderful facilities, represents 450 youth, the organization has grown considerably in 3 years and expects a 25% increase, could not facilitate all the teams and had to find other facilities for them to play at, used high school facilities in 2007 but because of construction they may not be able to use them in 2008, has put money in improvements to the fields at Centennial Park, there are not enough fields and would like to participate in discussions about future fields, every child in Friendswood should have the opportunity to participate. Penelope Burke, Friendswood resident, addressed Council and stated she sat at a Little League game of 9 year olds that ended at 10:15 PM, is currently on the Parks Board and it took 11 years to get Centennial Park completed, the City faces an ever increasing land crunch and land purchase needs to occur quickly, would recommend a letter be sent to organizations that they will have to contain their enrollment until Council does something about it. Joseph Russo, Friendswood resident, addressed Council and stated he is President of Friendswood Little League, has talked to Council and likes what he hears, knows Council is torn because there are so many needs in the community, tries to provide at least two events a week for the group and has a hard time to accommodating, kids are practicing and there is not a spot available for practice, when league starts there is no room for practice, some lights are out at Renwick Park, poles need replacing, drainage issues are a problem and asked Council to keep this in the forefront of their minds. David Montz, Friendswood resident, addressed Council and stated he is a board member of a Soccer Club and is on the Parks Board. The City needs more and better park facilities, has seen a growth in the number of kids that participate in sports with not enough park facilities, with every other part the City has stepped up and now needs the City to step up for parks, There is no time to maintain the parks and their overuse shows, grass does not have a chance to grow. Doug Wrinkle, Friendswood resident, addressed Council and stated he is President of the Friendswood Pony League and has been unable to offer the program for ages 15 and over for the last 2 years because there is no facility, this is the age of child you want to participate in organized sports, thanked Councilmember Hill for always being willing to build a ball field, has built three of them. 02/18/2008 2867 Fred Krch, Friendswood resident, addressed Council and stated he had some ideas about drainage using pea gravel in the detention pond and read a letter that he handed out to Council about Friendswood (Windemere) Lake, asked Council about the land and if the City will sell or develop use as a water park as had once been suggested or as something else. The Community Services Director should have tours to show people this pristine lake and would like to hear more than generalities such as this, this is not a priority and asked if there is a sunset clause on it not being a priority, the City could buy the remaining 5 acres and could use some as park land. Don Beeth, Friendswood resident, addressed Council and stated he would like to discuss the Galveston County Tax Office, has property in Galveston and Harris Counties and deals with five different entities for taxing. Friendswood Independent School District's (FISD) tax office is a horse and buggy operation because citizens cannot do anything modern. FISD cannot compete with the Galveston County Tax Office. Mr. Beeth stated he did an experiment by paying taxes at the last moment this year, FISD got on 6t", Galveston County on the 7t" and Harris County still has not received payment. The technological advantages and transparency for looking up your bills cannot compare with FISD since they do not have it. If Friendswood wants to be a 21 St century City do not go back to the FISD tax office, the information is needed on the City's website. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS An annual report from Planning and Zoning Commission (P&Z) Chair Jim Gibson and the discussion regarding the Design Criteria Manual was cancelled due to Mr. Gibson being out with the flu and will be discussed at the next Council meeting. CITY MANAGER'S REPORT City Manager Bo McDaniel reported that the Texas Fire Chiefs Association recognized the Friendswood Volunteer Fire Department (FVFD). The Friendswood Volunteer Fire Department received one of two 2008 Texas Fire Chiefs Association Lone Star Achievement Awards on Wednesday, February 13, 2008. This year, the award was given for the Fire Department's public education and outreach programs. Fire Chief Jeff Smith accepted the award on the Department's behalf at the event held at the Moody Gardens Hotel and Convention Center in Galveston. The City Manager congratulated the Friendswood Volunteer Fire Department for this distinguished honor. The City Manager reported on the scheduled City computer maintenance. The City transferred Internet service from Time Warner to Comcast and the Information Technology (IT) Department was required to perform scheduled maintenance to the City's Internet connection beginning, February 18, 2008, and visitors to the City's websites may experience intermittent interruptions in website access for the next two to three days. This interruption may affect residents' ability to pay online for fees and services during this time. The IT Department will be working to minimize any interruptions that residents could experience with the maintenance. While the City expects to have most services restored by the end of the day on Monday, some users may experience some problems accessing sites as late as Tuesday or Wednesday. The City Manager reported on requests for federal funding for fiscal year (FY) 2009. The City has received a letter from Congressman Nick Lampson offering financial support for local and regional issues for the FY2009. Nick Lampson asked that the City submit all requests for project funding as soon as possible, but no later than Friday, February 22, 2008. The City has also received an inquiry from a sponsor to assist in securing continued funding for the Clear Creek NED Plan by the United States Army Corps of Engineers (USACE). 02/18/2008 2868 The City Manager reported on tree cutting complaints. The City has received calls from concerned citizens regarding the City cutting down trees at the new Fire Station currently under construction. In actuality, the trees on the commercial property fronting FM 2351 were cut down and according to the City's regulations, this is allowed. The only tree removed from the Fire Station #4 site was a dead tree where the detention pond now is situated. The Council and public are advised that there are practical limits to controlling the preservation of trees. First and foremost, at some point, restricting regulations denying a property owner full use of their property becomes arguably, a `regulatory taking' a form of inverse condemnation subject to adequate compensation for effectively converting private property for public purpose. Second practical issue; a correlation between land use density and tree preservation exists, resulting in a disconnect. To maximize lot yield and densities for highest and best use, real estate development purposes works counter to practical preservation of established trees. It is difficult to have the best of both worlds. The City needs to preserve established trees by low density development or live with less established trees and maximum real estate utilization. New trees can replace established trees; unfortunately, this will take about 40 years. ACTION ITEMS **Councilmember Rivera moved to approve a proposal from Frank Lucco & Associates for the acquisition of real property for the Friendswood Link Road project and authorize the Mayor to execute the contract. Seconded by Councilmember Reid. The motion was approved unanimously. Mayor Smith asked for more information and Community Development Deputy Director Mo Kabiri gave information about this item and described the process. **Councilmember Rivera moved to approve the purchase of a new emergency response vehicle for the Fire Chief. Seconded by Councilmember Reid. The motion was approved unanimously. Councilmember Rivera thanked the Fire Department for enhancing quality of life for citizens, is being funded by the EMS fund. **Councilmember Rivera moved to approve hazardous waste collection and the possibility of having a waste collection facility and work with sister cities to help with offering hazardous waste collection in Friendswood. Seconded by Councilmember LeCour. The motion was approved unanimously. Councilmember Rivera stated Friendswood should discuss hazardous waste with the City of Pearland on how to handle this issue since they already have it in place and the City of Friendswood would not have to reinvent the wheel. Councilmember Ewing stated she would like to see Staff follow through with possibilities with the City of Pearland and budget for this so citizens do not have to pay per head, the City should coordinate with Fall HauI-A-Day and get a vehicle to transport. Councilmember Rivera stated the Houston-Galveston Area Council (H-GAC) has grant monies available to compete to get a recycling center and submit a grant that would include hazardous waste. Mayor Smith stated he spoke with the City of Dickinson's Mayor who stated the City of Seabrook is trying to get those grant monies. There are a lot of rules and regulations that go with having a hazardous waste facility or transporting hazardous waste and the City should continue using Spring Sparkle and Fall Haul A Day. 02/18/2008 2869 Councilmember Hill stated the City of Pearland offered an agreement about a year ago and Friendswood should explore it again. Councilmember Peden stated this service should be offered by Galveston County and the City should also have a fee-based system with the City of Pearland to give citizens choices since the County facility would be farther away. **Councilmember LeCour moved to approve directing the City Attorney to draft a Resolution asking the County Judge and Commissioners of Galveston County to implement a recycling center that accepts hazardous waste. Seconded by Councilmember Reid. The motion was approved unanimously. ***Councilmember Ewing moved to amend directing the City Attorney to draft a Resolution asking the County Judge and Commissioners of Galveston County to implement a recycling center that accepts hazardous waste, and have them located with one in North Galveston County and one in South Galveston Cou nty. Seconded by Councilmember Reid. The motion to amend was denied 1-6, with Mayor Smith and Councilmembers LeCour, Hill, Peden, Reid and Rivera opposed. Councilmember Hill stated the two facilities would be too expensive and it should be centralized. Councilmember Rivera stated H-GAC would not fund two facilities. Councilmember Peden stated he would support that it be centralized and not two facilities. Councilmember Reid stated she agrees with a centralized facility. **Councilmember Hill moved to approve televising other meetings including, but not limited to, Planning and Zoning Commission, Council workshops, and special meetings. Seconded by Councilmember LeCour. The motion was approved unanimously. Councilmember Hill stated the decisions that the Planning and Zoning Commission (P&Z) make are important to citizens and they need to see their hard work. Councilmember Peden stated he put this on the agenda and the City should limit the meetings to being only ones held in the Council Chamber since it would be difficult to record in another room. Recorded meeting should be Council workshops, P&Z, Zoning Board of Adjustments (ZBOA) and others. Citizens are being engaged in the political process and the airing of these meetings helps with that. Councilmember Rivera stated he is for it but knows there is a cost associated with it and would like the City Manager to get that estimate to Council. Assistant to the City Manager, Nick Haby, stated $19,000 was budgeted this year for broadcast, some of the money was budgeted for this item and the longer the meeting lasts the more money it costs, spoke to the City's recording contractor, VCI, and they are ready to accommodate for more broadcasts. ***Councilmember Peden made a motion to amend that the City only include televising meetings in Council Chambers and would not begin until the first meeting in April. Seconded by Councilmember Hill. The motion was approved unanimously. 02/18/2008 2870 **Councilmember Ewing moved to approve the action regarding entryway signs and poles to go out for a Request for Proposal (RFP) for entryway signs and poles in the medians as submitted by the Community Appearance Board (CAB). Seconded by Councilmember Reid. The motion was approved unanimously. The City Manager stated this was not in the budget and can amend the budget and have it taken out of fund balance or another way. Councilmember Peden stated he would like for this item to be approved and worked on right away. Councilmember LeCour stated he does not want to do a blank check. Mayor Smith explained it would come back before Council for approval. RESOLUTION **Councilmember Hill moved to approve Resolution R2008-09 - a Resolution of the City of Friendswood, Texas, approving and authorizing the Mayor to execute, and the City Secretary to attest, an Interlocal Cooperation Agreement by and between the City and the Galveston County Consolidated Drainage District for the joint construction of improvements to drainage on certain tributaries of Cowards Creek. Seconded by Councilmember Rivera. The motion was approved unanimously. ORDINANCE **Councilmember Rivera moved to approve the Second and final reading of Ordinance No. 2008-03, an ordinance of the City of Friendswood, Texas, adopting a fee to defray costs of collecting delinquent fines, fees, and other debts pursuant to article 103.0031 of the Texas Code of Criminal Procedure. Seconded by Councilmember Reid. The motion was approved unanimously. CONSENT AGENDA **Councilmember Ewing moved to approve the Consent Agenda as presented A - Approve a contract with the Galveston County Consolidated Drainage District for election services and authorize the Mayor to execute the contract. B. Rescind a January 14, 2008 approval authorizing the Mayor to execute a contract with Postle Property Services, Inc., for easement acquisitions in relation to the 16-Inch Water Transmission Line project from Shadowbend/Sunset to Water Plant No. 4. C. Approve disposition of Bid No. B2008-01 for the sale of three emergency response vehicles. D. Authorize amending the Economic Development agreement with Buzbee Properties extending the construction commencement date for 120 days. E. Approve Resolution R2008-16, A Resolution of the City of Friendswood, Texas, approving the submission of a grant application to the Texas Department of Transportation for a comprehensive Step Traffic Safety Program. F. Authorize the Mayor to execute a contract for the collection of delinquent municipal court fines and fees with Perdue, Brandon, Fielder, Collins & Mott L.L.P. G. Authorize amendments to the City's Personnel Policies to include the addition of Federal holidays to the City's list of holidays. H. Authorize Council to invoke Rule 1(A) of the Rules of Procedure to schedule the regular March Council meetings for March 3 and 24 due to the Spring Break holidays and possible lack of quorum. I. Approve Minutes of the January 21, 2008 Meeting Seconded by Councilmember Peden. The motion was approved unanimously. 02/18/2008 2871 RESOLUTIONS **Councilmember Reid moved to approve Resolution R2008-14 - a Resolution of the City of Friendswood, Texas, approving and authorizing the Mayor to execute, and the City Secretary to attest, a Memorandum of Understanding by and between the City of Friendswood (City), the Galveston County Consolidated Drainage District (GCCDD) and the sponsors of the U.S. Army Corps of Engineers' (USACE) Clear Creek NED 2007 Plan, those sponsors being Brazoria County Drainage District No. 4 (BCDD No. 4), Harris County Flood Control District (HCFCD) and Galveston County (County), in connection with the continuing effort to reduce flood risk and drainage concerns in the Clear Creek Watershed (including supporting the USACE's Clear Creek N ED 2007 Plan). Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember LeCour opposed. **Councilmember Peden moved to approve Resolution R2008-15 - a Resolution of the City of Friendswood, Texas, providing for the holding of a General Election on May 10, 2008, for the purpose of electing two (2) Councilmembers (Position Nos. 2 and 5); designating the polling places and appointing election officials for such election; providing the form of the ballots at such election; directing the giving of notice of such election; and containing other provisions relating to the subject. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Ewing moved to approve Resolution R2008-17 - a Resolution of the City of Friendswood, Texas, accepting a proposal from Claunch and Miller to update the City's land use assumptions, Capital Improvement Plan, and impact fees for water and wastewater utilities; approving and authorizing the Mayor to execute, and the City Secretary to attest, an agreement for professional services by and between the City of Friendswood (City) and Claunch & Miller, Inc., engineering consultants. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Rivera moved to approve Resolution R2008-18 - a Resolution of the City of Friendswood, Texas, determining that land is needed for construction, installation, maintenance, operation, inspection, replacement, repair, and removal of certain public utility lines as part of the Deepwood Force Main Project for the City of Friendswood, Texas; and authorizing the City Manager to make final offer to acquire such land. (Alton Todd) Seconded by Councilmember Reid. The motion was approved unanimously. ORDINANCES **Councilmember Ewing moved to approve the Second and final reading of Ordinance No. 2008-05, 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 amending Section III(d) by increasing the minimum right-of-way width for major thoroughfare and collector 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 Rivera. The motion was approved unanimously. 02/18/2008 2872 **Councilmember Ewing moved to approve the Second and final reading of Ordinance No. 2008-06, 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 amending Section 7, Subsection 1.1 and 3.b(3) of Subsection Q to change the basis for measuring maximum building height; by amending Appendix C. Zoning. Section 20. "definitions" by adding a new Subsection 00. "height" to prescribe the measurement of height; by amending Section 8, Subsection F, Paragraph 1.c to prohibit on-street parking on FM 518 and FM 2351; and amending Section 8, Subsection N, Paragraph 6.a regarding the approved tree list and landscaping material; 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 Reid. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Ewing announced Early Voting for the presidential primaries starts tomorrow, March 4, 2008, in the State of Texas when you vote in the primary you need to attend the party convention to vote again, attended a meeting on the Comprehensive Plan, a Parks and Recreation Board meeting and also the Galveston County Consolidated Drainage District (GCCDD) meeting to discuss the Memorandum of Understanding (MOU), stated she would like to have a February 28, 2008, GCCDD meeting regarding pervious concrete. Councilmembers LeCour, Hill, and Peden stated they had no report Councilmember Rivera stated the Senior Citizens trip is almost fully booked and announced if anyone would like to join they would need to sign up now. Councilmember Reid stated the Clear Creek cleanup is scheduled for February 23, 2008, from 8 AM to 2 PM and all will meet at the League City boat ramp. Mayor Smith stated Council will not be moving forward with the RFP for tax collection services due to a discussion in executive session. Councilmember LeCour stated in the last Council meeting he informed that he was shocked that the tax collection services were brought before Council and was voted on with no backup information. It was passed by a majority of Council and stated he could not do it because it was not workshopped like it should have been. The contract states the City cannot break it's obligation to the Galveston County Tax Office. Councilmember Peden stated at the last meeting there was a motion to table that was denied, a member of Council asked for more information before moving forward and he was denied, finds nothing in Robert's Rules of Order about this procedure, implored Council to not do it again and should not deny anyone the right to get information requested, it sets a bad tone for working together as a team. Mayor Smith stated it is difficult to pontificate about things from the dais, tax collection services will be on a future agenda, makes things uncomfortable with accusations made, pay attention before pointing the finger at anyone, one example would be of the first meeting he presided over as Mayor where there were 28 items on the agenda that were not discussed at a workshop prior and nothing had been said previously, must be careful when malicious motives are claimed. On this issue there was no intent to force something down someone's throat or silence anyone, was just a question of time. 02/18/2008 2873 Councilmember Ewing stated there is a distinction when you are asking for an RFP that a vendor be ; allowed to speak and you provide the opportunity for them to speak with no other potential vendors speaking. Councilmember Peden stated there was no need to chastise those Councilmembers about the 28 items they put on the agenda because they realized their error and never did it again. RECONVENE INTO EXECUTIVE SESSION RECONVENE INTO REGULAR SESSION A motion was made and approved to adjourn at 11:08 PM. yor D id J . m Attest: , 0� �RIEp� . � � r �� o De oris McKenzie, TRM � 0 City Secretary # * i � � d�j,qrF�F �*� !, � ;f E