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HomeMy WebLinkAboutCC Minutes 2008-03-03 Special 03/03/2008 2878 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( MARCH 03, 2008 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MARCH 03, 2008, AT 4:30 PM AND A REGULAR MEETING AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM CHRIS PEDEN COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER 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 551.072— Deliberation regarding Real Property Council convened into Regular Session at 7:00 pm with no action taken later in the meeting. RECONVENE INTO OPEN SESSION SPECIAL SESSION A discussion was held regarding the Pavement Management Master Plan with the consultant Claunch & Miller. Public Works Director Kaz Hamidian stated on August 20, 2007, Council approved funding and then approved the budget for this plan. Kaz Hamidian introduced Doug Wilson and Jimmy Thompson from Claunch & Miller who presented a PowerPoint presentation of the Pavement Management Master Plan that consists of roadway statistics, roadway ages, pavement condition rating system, the process of inspecting, cracking, ponding, point repairs and rideability, roadway ranking statistics, pavement management survey based on rating condition from worst to best of the entire City streets with the ages of the streets which will be a useful tool even for the Finance Department, details of point repair deducts locations sorted by severity rating then largest section size that would be a great tool for the Public Works Department to identify the worst point repairs in town and take a look to see how to attack the repairs, details of street ponding deducts locations sorted by largest to smallest deduct penalty with ponding cutting down on the life of the roadway, Wandering Trail shows deduct of deficiencies in the roadway and how the rating was calculated and ending the PowerPoint presentation with roadway rehabilitations recommendations, which roads can be grouped together to repair at once and also can do point repairs on minor roads, this represents heavily traveled thoroughfares and will push repairs up to the top in ranking, the plan represents 12 million dollars worth of projects for rehabilitation in today's dollars, grouping of the roads would be expected in older neighborhoods. This is the first time this has been undertaken citywide and a report will need to be kept up-to-date and repairs will need to be noted. Councilmember Peden asked since sections of Blackhawk were listed, was the EI Dorado extension 03/03/2008 2879 considered and suggested that new construction should be considered, Jimmy Thompson stated it was not part of the scope of this study, only the condition of the road. Councilmember Rivera stated this will help the City prioritize. Mr. Thompson stated he would like to commend the City for taking on a study such as th is. A discussion was held regarding the purchase of the new Public Safety software. Friendswood Police Chief Robert Wieners introduced SunGard representatives in the audience and also introduced K.C. Rodgers and Michele Brown from the Information Services department of the Police Department. Ms. Rodgers and Ms. Brown presented a PowerPoint presentation on the HTE to OSSI migration proposal that consisted of the background of the current software, product introduction of the new software, how the community, citizens, court system and public safety will benefit, comparison of the internet technologies, Computer Aided Dispatch (CAD), Records Management System (RMS), Mobile Commuting and Jail Management System (JMS) from today to tomorrow, neighboring City's with the new software and funding sources. The cost and expenses were presented by Administrative Services Director Roger Roecker who spoke on the cost associated with the purchase of this software. Ms. Rodgers and Ms. Brown stated OSSI is a subsidiary of SunGard as well as HTE, the current text based software is 21 years old and does not support mobile commuting. The company is offering a 50% savings now and it is Windows based instead of text based and is also mobile. The cities of Webster, Lake Jackson, Angleton, Nassau Bay, League City, Pearland and other neighboring cities use this, offers interoperability with other cities and would allow citizens open access for open records, citizens will be able to go online for accident reports and also will be able to see who is currently in jail. The Fire Department would also find it useful, is compatible with the current Fire Department records management, would give them direct access, are buying licenses on League City's system at a significant cost savings, OSSI did a quick view of what the software looks like, can get 75% of report in the vehicle. Councilmember Peden stated he was leaving the meeting at this time to attend his son's UIL concert. A discussion was held regarding the Planning and Zoning (P&Z) Commission's Rules of Procedure. P&Z Chairman Jim Gibson opened the special meeting and presented the proposed changes to the P&Z Rules of Procedure, which will be Section 1 Rule 3, 4, 6, 10, 11 and 16 and Section 2 instrument 5. Councilmember Ewing stated she would like more discussion about needing a majority issue that is proposed, the items P&Z decides on are important. Jim Gibson stated there were two different incidences where there were only four members present and the vote was 3-1 so the motion failed when clearly most of P&Z members were in agreement and P&Z had to send the recommendation to Council that the motion failed. P&Z Vice Chairman Sherry Weesner stated the reason it is a good idea is because a 3-1 vote is clearly a vote in favor and Council could send it back to P&Z for reconsideration or could oppose what the recommendation was, felt it was better to have the verbiage reflect what they did which was in the affirmative. Councilmember Ewing asked about plats and Jim Gibson stated it would be the same. Mayor Smith reminded everyone plats do not come to Council and Sherry Weesner stated things that come to Council are legislative and plats are administrative, plats are not discretionary. Jim Gibson stated if it is legal they have to approve plat and Mayor Smith asked if there is relative unanimity with the changes proposed and he was uncomfortable with the tag rule. Jim Gibson stated the vote was 6-0, Council does not have a tag rule and one person would have the ability to put something off, would place too much emphasis on one person's desire to put something off for 2 weeks, if P&Z feels it is malicious they can suspend the rules. Sherry Weesner stated if delaying it would make the point moot you cannot use the tag rule, purpose is for the Commission to receive information in a timely manner. Councilmember Rivera stated he has heartburn to give one person a right to tag at any point in the discussion, feels tabling would be better, tag rule lends itself to abuse, giving one person too much power. Councilmember Reid asked what the difference is between to tag and table. Jim Gibson stated tag is automatic and table is not, one of the commissioners stated when P&Z were deciding on West Ranch they had much more information to go through and only had 24 hours notice to review and that is why the tag rule is attractive. Sherry Weesner stated these are P&Z procedures and would like to pass by ordinance, it is P&Z intention to have a regular annual review, if the tag rule does not work then P&Z 03/03/2008 2880 can review it again and Council could change their mind. Councilmember Rivera stated they are changing Rule 3 which states the Commission, through the Chairman, shall control the items placed on the agenda, the rule needs to be streamlined and not make it more difficult. Councilmember Ewing stated as a liaison to P&Z, agenda items have to be in a week before the meeting and did not get the backup material until the meeting started, the City's e-mail system was down so that was the reason, developers sometimes do not get their documents to them until the last minute and Councilmember Rivera stated that is why there is a motion to table. Councilmember Reid asked about the outcome of the one incident and Jim Gibson stated one item was tabled and others were voted on and it is up for Council to decide. 7:00 PM— REGULAR SESSION Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. RECONVENE SPECIAL SESSION A discussion was held regarding the Design Criteria Manual. Mayor Smith stated he has discussed this item with Planning and Zoning (P&Z) Commission Chairman Jim Gibson and others. Jim Gibson read a prepared statement regarding adopting the Design Criteria Manual by ordinance instead of resolution. Councilmember Hill stated he has heard from present and former P&Z members that think this is bad. Councilmember Ewing asked Jim Gibson if this is his statement only and he answered yes. Councilmember LeCour asked Jim Gibson if this hurts his feelings and Jim Gibson stated there was pride of ownership and this elevates the Design Criteria Manual and conflicts with the zoning and subdivision ordinances. A P&Z member stated P&Z was bypassed entirely on the Design Criteria Manual adoption and P&Z Vice Chair Sherry Weesner stated in other cities there is just technical info in the Design Criteria Manual. Mayor Smith stated he and City Attorney Bobby Gervais have discussed the Design Criteria Manual and there is concern about this being a resolution and not an ordinance, being an ordinance gave the Design Criteria Manual more force and enforceable penalties, it has greater weight than a resolution. Mayor Smith asked if Council was to rescind ordinance tonight and go back to resolution would there be any jeopardy and the City Attorney stated with platting it would be a problem. Councilmember Rivera stated he looked at the Design Criteria Manual after this item came up and he is used to looking at engineering specs and the City's goes way beyond that and would like to take the other items out. Jim Gibson stated he sees no problem with that. Former P&Z member Kevin Holland stated there are great features in this, can fix something that is recognized as a code change, is a living document, do not forget that feature, processes are not in a Design Criteria Manual, since it was made an ordinance it is in front of the zoning ordinance, a resolution is easier to work within. The Mayor stated the reason they did it as an ordinance is so what P&Z had worked on had teeth, it is important Council gets these things right. City Attorney Bobby Gervais stated Council can rescind an ordinance but a new ordinance has to come back to be codified to remove it. The City Manager suggested P&Z meet with him, Staff and City Attorney to discuss this, it was not the intent to leave them out and Staff's authority is to help and not to give developers a hard time. Councilmember Ewing stated she would like to point out that three of the opposing opinions are three former Chairs of P&Z and has strong opinions about this. Councilmember Reid stated the City learned a big lesson and that the reason was to give P&Z teeth but needs to include P&Z before deciding on something for them. Jim Gibson stated if the Design Criteria Manual is a stand- alone ordinance, who has purview over it, does P&Z or City Council? The Mayor stated P&Z makes recommendations all the time and is in their purview to make recommendations. Councilmember Peden returned to the meeting at this time. Mayor Smith asked if P&Z was ready to adjourn their portion of the meeting and Chairman Jim Gibson adjourned the meeting. 03/03/2008 2881 SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS City Manager Bo McDaniel presented Craig Baker, Senior Animal Control Officer in the Friendswood Police Department, with the Five Star Spirit Employee Award for the Fourth Quarter of 2007. The City Manager made a remark "attaboy" because he never hears bad news from this department and Councilmember Reid stated there is an interesting article in the Texas Town and City magazine about animal control. Mayor Smith stated he was getting ready to reconvene the Public Hearing and stated Council has started a practice to not close a Public Hearing until the evening the issue is decided on. RECONVENE PUBLIC HEARING Mayor Smith and Planning and Zoning Chairman Gibson called a 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 Zoning Ordinance amendment. Mayor Smith and Planning and Zoning Chairman Gibson called a 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 Subdivision Ordinance amendment. Hearing no further comments, Mayor Smith and Planning and Zoning Chairman Gibson closed this Public Hearing. COMMUNICATIONS FROM THE PUBLIC Marcus Rives, Friendswood resident, addressed Council and stated he was a member of the former Development Process Review Committee (DPRC) and recommendation was to be reviewed and revised, thought it would be helpful that ordinances and anything in the manual that changed or was new would be accompanied by a paragraph explaining the intent of the Planning and Zoning Commission (P&Z). Bobbie Jones, Friendswood resident, addressed Council and stated Friendswood Link Road has a small space for sidewalks and too many people walk on this road. It is dangerous because the sidewalk size goes from big to small to big again and there is no curb. Fred Krch, Friendswood resident, addressed Council and stated he wanted to tell about a dog Tinker who got lost and stated he appreciates the good job Animal Control does, Tinker was returned. Mr. Krch stated he has heard the Planning and Zoning Commission talk about ordinances and read an excerpt from a book called The Law by Frederick Bastiat who also wrote about socialism, there has been a loss of freedom since Friendswood has grown. There were four Councilmembers not allowing elected official Galveston County Tax Assessor Collector Cheryl Johnson to speak at a recent Council meeting and mentioned that was an abridgement of freedom of speech. He stated he recently submitted questionnaires to Staff and Council on how the City is ran and has not received an answer yet and also sent a letter to the City Manager and has not heard a response, that concludes that Council does not want to be on black and white, also discussed English only and made comments about that. He stated he would like his answers in writing and mentioned when Council has a public hearing people cannot hear the meeting in the foyer. 03/03/2008 2882 Mayor Smith encouraged Mr. Krch to submit his items timely to Council to discuss so they can be on the agenda so Council can comment and discuss with him. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Planning and Zoning Commission (P&Z) Chair Jim Gibson gave his annual report on the Commission and stated there has been a transition in members of the Commission and the P&Z has lost lots of experience, he is trying to be proactive instead of reactive and wants to put the planning back in Planning and Zoning Commission. Mayor Smith thanked the Commission for all their hard work and Councilmember Ewing stated she did not realize until she became liaison how much work this Commission does and it requires a lot of homework on the part of the Commission, the Commission has been proactive in the Comprehensive Land Use Plan and not sure if the public knows how much work the Commission does, there were 45 P&Z meetings last year. Councilmember Rivera asked to look at the budget requirements and let Council know what they are. Jim Gibson stated P&Z has worked on the Comprehensive Plan and helped the City save a lot of money and is proud of that. Councilmember Hill stated he appreciates the Commission, he used to be liaison and still goes even though he does not have too and asked the Commission if there are any ideas on how to speed up development to let Council and Mayor Smith know and informed Chair Gibson that their meetings are going to be televised beginning in April. Parks and Recreation Board Vice Chair Tom Goodwin gave an annual report and conveyed his gratitude for continually conveying the need for volunteers and thanked Community Services and the Director of Community Services James Toney. The big change was from former Community Service Director Jon Branson to current Community Service Director James Toney. The Commission has worked on the Comprehensive Plan, reviewed and toured West Ranch development, began working on short-term and long-term solutions to the park situation being crowded, with suggestions to make reservations on the City website and made recommendations on upgrades and improvements for existing parks. Staff needs to look into improving the Senior Citizen program, the most pressing item is acquiring more park land it is an urgent need. Councilmember Ewing stated she has been a liaison to this committee since last June and appreciates their work, there is limited money when there is Capital Projects and other more pressing matters, thanked the Committee for working with what they have and introduced Penelope Burke who is a member of the Committee and was seated in the audience. Mayor Smith gave thanks for all the Committee's hard work and the other Committees as well. CITY MANAGER'S REPORT City Manager Bo McDaniel reported on the Capital Improvement Projects (CIP) Report and introduced Deputy Director of the Community Development Department Mo Kabiri and he spoke and answered questions from Council on the CIP Report. The City Manager reported on the appointment to the Texas Municipal League (TML) Municipal Revenue and Taxation Committee. City Manager stated he has been asked to serve on the TML Committee on Municipal Revenue and Taxation, plans to accept this opportunity unless Council directs otherwise and would also appreciate a general policy guidance to represent the Council's position on Municipal Revenue and Taxation. The following report clearly indicates Texas is 13t" highest in per capita local revenues of which 83 percent is attributable to property tax revenue. However, Texas is last (50t") in support of local government. The trade-off has allowed greater local home-rule authority without offsetting state aid and lower property taxes vis-a-vis other state/municipalities. Fundamentally, the State's tax system is antiquated and designed to diffuse State accountability which is a whole other issue. City Council can advise the City Manager as needed regarding this issue. 03/03/2008 2883 The City Manager reported on the Local Property Tax Review. The following report included an update from the Texas Municipal League on local tax efforts putting Texas in perspective regarding total local/state reven ues. The City Manager stated he would report on the Household Hazardous Waste Report at a future Council meeting. The City Manager reported on the IESI Scholarships from Clear Creek Independent School District (CCISD) and Friendswood Independent School District (FISD). As part of an agreement with the City of Friendswood, IESI provides two $500 scholarships to CCISD and FISD graduating seniors. Each school's scholarship committee selects the recipients and the scholarships are awarded according to financial need, academics, and community service. The City Manager reported on the parking lot expansion update and read the memo from Community Development Director Les McMahen regarding an update to the plans to expand the City Hall parking lot to provide additional space for visitors and voters. The memo stated City Staff received a proposal from Goldston Engineering on February 7, 2008, for services in regard to the new parking area to the north of City Hall and after reviewing it returned the proposal to Goldston for further work on it. The total amount proposed for services was $43,392.00, which included $11,850.00 for electrical engineering for the seven area lights the City proposed for the project. Staff felt that this was too much for the amount of infrastructure involved. The City asked that Goldston either contact another sub-consultant for a price to do the design work or structure the construction contract such that the general contractor is responsible for having an electrical sub-contractor install the lights to both the paving design plans and appropriate electrical codes. The City received this date a copy of the proposal from the second electrical engineer and there is a substantial reduction in the cost of services for the electrical design. Therefore, Staff will move forward on securing the final proposal and contract from Goldston and will be bringing this matter to City Council at the earliest possible date. The City Manager reported on the West Ranch Sidewalk Issue. Friendswood Development has requested to delay the completion of sidewalks in the common areas of two subsections of the West Ranch subdivision until they have completed other projects such as landscaping, irrigation systems and fencing that would normally tear up sidewalks. The completion of the sidewalks is a prerequisite to receiving approval to file their subdivision plats and begin selling property. These processes were established to ensure that all improvements are in place before a plat can be approved and recorded. There is however, an alternative, subject to Council approval, that the City can offer the developer. The developer can be required to post a performance bond in the amount of the value of the sidewalks, which would have to be in place prior to accepting the project at the end of the contractor's one-year maintenance period. The passage of the ordinance creating a sidewalk fund may be another alternative to ensure required sidewalks are eventually built. Councilmember Reid referred back to the parking lot expansion and asked about pervious concrete. Community Development Director Les McMahen stated some of it is pervious concrete and Councilmember Ewing stated for a high traffic area pervious concrete is not good but this is not a high traffic area and do not add light pollution. Les McMahen stated the City would utilize an urban forester and would use a parking lot light and not a flood light. Councilmember LeCour asked how a runoff would be mitigated, he has gotten calls from citizens behind City Hall property and they have noticed significant runoff in their area with the tennis courts and City Hall being added and would like Staff to look at that. Les McMahen stated it would be a curbed parking lot below the level and the City Manager stated he would like to bring back to Council before the bidding. 03/03/2008 2884 The City Manager referred back to the West Ranch sidewalk issue and stated he would like Les McMahen to brief on this issue and asked by Jeff Anderson to consider slight change for one-year maintenance period so certain sections can be approved quicker, proposed performance bond and cashiers check to make sure the developer put the sidewalks in. Les McMahen stated they have the bonds in his hand and would like for it to come before Council for approval on the next agenda. Councilmember Rivera stated Council is just delaying and not letting them not to do it. Councilmember Ewing asked that items about the park be on the next agenda also so Les McMahen can give an explanation or report. ACTION ITEMS **Councilmember Ewing moved to approve amending contract with SunGard Public Sector to add Public Safety software in the amount of$184,542.52; approving appropriation of funds for the costs associated with the Public Safety software. Seconded by Councilmember Rivera. The motion was approved unanimously. Councilmember Rivera commended Staff on trying to save money and Administrative Services Director Roger Roecker explained funding sources for this item with credit with the HTE, Friendswood Volunteer Fire Department's contribution and the police investigation fund, the balance would be $151,230.00. Councilmember Hill asked if this is included in the multi-year financial plan and Roger Roecker stated it is slated for next budget year but with the cost savings of 50% it is a better buy. Police Chief Wieners stated he does not like coming in the middle of a budget year but with the 50% discount he wanted to give Council the option, $60,000 was approved in Fiscal Year 2002-2003 and is still sitting there because the software was being developed, drug seizure money could be used for this item, previously used over $100,000 in drug seizure money for the new Public Safety Building. Councilmember Peden asked if Council needs to make an amendment to the motion to earmark funding sources and Roger Roecker stated it would not be a bad idea. ***Peden moved to amend the main motion to use drug seizure money to help fund SunGard Public Sector to add Public Safety software. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Hill moved to approve concurrence with the Mayor's appointments to fill a vacancy with Troy Waters on the Community and Economic Development Committee. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Rivera moved to approve concurrence with the Mayor's appointments to fill a vacancy with Kevin Holland on the Planning and Zoning Commission. Seconded by Councilmember Hill. The motion was approved unanimously. Councilmember Rivera thanked Roy Klusendorf for his service on the Planning and Zoning Commission. **Councilmember Rivera moved to approve scheduling a meeting of all Homeowner's Association Board Members for Saturday, April 5, 2008. Seconded by Councilmember Rivera. The motion was approved unanimously. 03/03/2008 2885 Councilmember Reid stated the City has many Homeowner's Associations (HOA) meetings and while she was running for Council she attended a lot of these meetings and they discussed a lot of the same items as other HOA's, really got to know Friendswood Police Officer Crouch who comes to meetings to discuss neighborhood watch, can use for hurricane preparedness and other items pertinent to the City and HOA's. Councilmember Ewing stated she thinks it is a great idea and Councilmember Rivera stated she agreed with Councilmember Reid and asked how could the City get the word out and the suggestion was that the Mayor call a special meeting. Councilmember Reid stated it would need to be held at 9:00 AM or 10:00 AM and last for 2 hours. April 5, 2008, is opening day for baseball so Council will hold the meeting on different day. ***Councilmember Reid moved to amend the motion to not have a date but have a consensus from Council that they would like to have meeting. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Hill moved to approve rescinding Ordinance 2007-14 adopting the Design Criteria Manual. Seconded by Councilmember Rivera. The motion was approved unanimously. Councilmember Hill stated Planning and Zoning would like to do this, instead of giving Staff teeth it needs to have teeth pulled. Councilmember Rivera stated he believes Staff intentions were good but it is not working. **Councilmember Ewing moved to approve authorizing soliciting Requests for Qualifications for a joint City/Independent School District Traffic Engineering Study. Seconded by Councilmember Hill. The motion was approved unanimously. Mayor Smith asked City Manager Bo McDaniel and Community Development Department Deputy Director Mo Kabiri to make recommendations on this item. Councilmember Peden asked if Friendswood Independent School District would be responsible for this study, developers are. The City Manager stated usually whoever creates the problem usually pays for it, the request for qualification (RFQ) is to see the cost of the study. Mo Kabiri stated there is a different set of rules for schools than others and City Manager stated schools are not as well versed on infrastructure issues. Mo Kabiri stated since the Design Criteria Manual (DCM)was rescinded the City is not required to do a traffic engineering study. Mo Kabiri gave a synopsis on doing an RFQ. RESOLUTIONS **Councilmember Rivera moved to approve Resolution R2008-19 - 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. Seconded by Councilmember Reid. The motion was approved unanimously. Bobbie Jones, Friendswood resident, addressed Council and stated Harris County needs to be involved in the spraying, has not seen any spraying last year in Forest Bend and it is also part of Friendswood. Friendswood should control the mosquitoes in all areas and should take the time to ask Harris County to spray. Mayor Smith stated Harris County informed that they will not spray and the City of Friendswood allocated money last year for the City to spray in Harris County. The Mayor stated before Harris County will spray they do a study to see if there is encephalitis and if there is not an outbreak they will not spray. The Mayor stated that spraying will be an item on the next agenda to take care of Harris County. **Councilmember Ewing moved to approve Resolution R2008-20 - a Resolution of the City Council of the City of Friendswood, Texas, requesting the County Judge and Commissioners of Galveston County to establish a centrally located recycling center that accepts hazardous wastes. Seconded by Councilmember Reid. The motion was approved unanimously. 03/03/2008 2886 ***Councilmember LeCour moved to amend Resolution R2008-20 to approve the change of wording to centrally located residential hazardous waste disposal center instead of recycling center. Seconded by Councilmember Rivera. The motion was approved 6-1 with Councilmember Ewing opposed. **Councilmember LeCour moved to approve Resolution R2008-21 - a Resolution of the City Council of the City of Friendswood, Texas, authorizing the Mayor to execute, and the City Secretary to attest, respectively, two (2) agreements with Southwestern Bell Telephone Company for telecommunications facilities. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Rivera moved to approve Resolution R2008-22 - a Resolution of the City Council of the City of Friendswood, Texas, accepting a proposal from LJA Engineering and Surveying, Inc. to update the City's Master Utility Plan (Water and Wastewater); 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 LJA Engineering and Surveying, Inc. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Hill moved to approve Resolution R2008-23 - a Resolution of the City Council of the City of Friendswood, Texas, accepting a proposal from Texas Land Professionals, I nc. for easement acquisition services in relation to the 16-inch water transmission line project from Shadowbend/Sunset to Water Plant No. 4; 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 and Texas Land Professionals, Inc., Consultants. Seconded by Councilmember Ewing. The motion was approved unanimously. **Councilmember Ewing moved to approve Resolution R2008-24—a Resolution of the City Council of the City of Friendswood, Texas, approving the Community Appearance Board's General Plan for the installation of community entrance signs and pole signs; authorizing City Staff to solicit request for proposals related to the installation of such signs; and setting a monetary limit of funds to be spent implementing the program. Seconded by Councilmember Reid. The motion was approved 5-2 with Councilmembers Hill and LeCour opposed. ORDINANCES **Councilmember Ewing moved to approve the First reading of Ordinance No. T2008-07, an ordinance of the City of Friendswood 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 V thereof by adding a new Subsection (C) to authorize payments in lieu of sidewalk installation and creation of a sidewalk installation fund; 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 6-1 with Councilmember LeCour opposed. ***Councilmember Ewing moved to amend Ordinance T2008-07 to get a price average of three bids from three sources for this item and use the average price for payment in lieu of sidewalk installation. Seconded by Councilmember Rivera. The motion was approved unanimously. 03/03/2008 2887 **Councilmember Ewing moved to approve Ordinance No. T2008-08, an ordinance of the City of Friendswood 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 8 (N), Subsection 6 to provide an alternative to the minimum sidewalk requirement; 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. ***Councilmember Rivera moved to amend subsection 6 from 15 feet paved to 8 feet and 6 feet on side of major roadways and 6a to be amended at a future date. Seconded by Councilmember Reid. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Reid reported on the Youth Advisory Council Conference (YACC) and a presentation of a Memorial Day Celebration for City of Friendswood and would like to discuss the YACC at the next Council meeting, would like to have a Memorial Day celebration with an hour long ceremony at the gazebo or something similar, other cities have celebrations and is embarrassed that the City of Friendswood does not have one, the City should remember those who gave their lives for our freedom and would like to show the kids this is more than just a sale day at the Mall and the Senior Citizen's Advisory Committee should be included. Councilmember Hill stated there are some veterans doing a memorial ceremony and the City could coordinate with them. Councilmember Reid also reported that the Community prayer breakfast will be held on March 15, 2008, at Friendswood Baptist Church, there is a shuttle launch on March 11, 2008, a citizen from Friendswood Mike Foreman will be in launch and another astronaut is requesting a quilt be made to take on a future launch. Councilmember Peden reported on the Friendswood Jr. High choir who did great job at their concert tonight and his son Noah was part of the choir and did a great job as well, reminded citizens to vote tomorrow. Councilmember Rivera and LeCour stated they had no report. Councilmember Hill reported on the Homeowners Association meeting at West Ranch on Wednesday night, there was an unpleasant experience this morning with the ROMEO's (Real Old Men Eating Out) with a member having a stroke, EMS was great and did a great job. Councilmember Ewing reported that everyone should go vote tomorrow and do not forget to go to precincts afterwards, attended an awards ceremony with US Representative Nick Lampson and academy appointees, attended a Planning and Zoning Commission and Galveston County Consolidated Drainage District meeting regarding pervious concrete and mentioned concrete insulated walls might need to be considered as well, thoughts and prayers go with City Secretary Deloris McKenzie and her family. CONSENT AGENDA **Councilmember Rivera moved to approve the Consent Agenda as presented A. Approve Friendswood Volunteer Fire Department application for EPA reimbursement to recover the costs associated with the crude oil leak in Cowards Creek in September 2007 and authorizing the Mayor to execute the application. B. Accept January 2008 Property Tax Report. C. Approve Minutes of February 4 and February 6, 2008, Meetings. Seconded by Councilmember Hill. The motion was approved unanimously. 03/03/2008 2888 .-,. A motion was made and approved to adjourn at 11:07 PM. or David J.H. ith Attest: > �� FR�ENO�, , ,� �t �' O D oris McKenzie, TRMC v � City Secretary * * � �4rF OF 'fE�P�?► r-- �