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HomeMy WebLinkAboutCC Minutes 2009-04-06 Special 04/06/2009 3098 .� STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( APRIL 06, 2009 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, APRIL 06, 2009, AT 5:30 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 ANDY RIVERA COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID COUNCILMEMBER BILL HOLBERT CITY ATTORNEY BOBBY GERVAIS ACTING CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Councilmember Barr was absent from the meeting. Mayor Smith called the meeting to order. .»_ SPECIAL SESSION A discussion was held regarding potential projects list seeking Federal Stimulus dollars. Community Development Interim Director Morad Kabiri presented a potential projects list to utilize outside funding as it comes available. Council commented on moving certain items forward, those projects that have engineering completed and are shovel ready and combined with Staff recommendations for projects that have a high priority. Council asked for a list from Staff based on priority and completed engineering or any projects that do not have engineering associated with the project, look at those projects involving other entities that will receive Federal Stimulus Dollars as well, look at projects that need land acquisition or designation of use of City owned property, the site areas must be determined, must focus on a five year program first unless the design plan is complete, needs to be obligated by September to be eligible for Federal Stimulus Dollars. Also need Grant Writer Sheri Riveron to advise which projects will fit today into the guidelines that have been released by the Federal Government to expedite the process and how to maximize the most dollars from the Stimulus Dollars, can not fund anything in 2009 that has already been funded, anything to do with future Disaster Recovery should qualify. Brittney Bay Phase One could have significant impact to the Community and if it meets Federal guidelines, the City could move this forward, when to move this forward could be something to discuss at a work session. Brittney Bay Project is a time element and that will eventually be developer driven. The part of 2003 bond project that was approved could get done with Federal Dollars and should look at as a part of the use of these dollars, stick with 5 year projects unless engineering work is completed. 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 and Section 551.072: Deliberation regarding ,__. real property. Council convened into Regular Session at 7:00 pm with no action taken later in the meeting. 04/06/2009 3099 � RECONVENE INTO OPEN SESSION 7:00 PM—REGULAR SESSION The invocation was given by Pastor McCauley Austin with Friendswood Baptist Church. Mayor Smith led the Piedge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Mayor Smith presented a Proclamation for Child Abuse Prevention Month to Norma Byous and Tommye Randolph with the Galveston County Child Protection Services. Mayor Smith presented a Proclamation for April 12th — 18th, 2009 as National Library Week to Friendswood's Library Director, Mary Perroni. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS An annual report was given from the Library Board Chair Kim Brizendine who recognized the Library Board, Friends of the Library and Council Liaison Bill Holbert. Kim Brizendine reviewed the annual report and the library's future expansion needs. Council thanked the Library Board for their efforts. An annual report was given from the Senior Citizens Advisory Committee Chair Jean Bilderback who stated everything is alive and well and the future is bright. Council thanked the Committee for their ...,� efforts. A report was given by Paula Lowe from auditors of Pattillo, Brown & Hill on the 2008 Combined Annual Financial Report(CAFR). Roger recognized Administrative Services Interim Director Cindy Edge, Accounting Manager Rhonda Bloskas and other host of Staff. COMMUNICATIONS FROM THE PUBLIC Janis Lowe, Friendswood resident, addressed Council and asked a question regarding Certificate of Obligation (CO) for CIP needs, raised a question as to amendment 15 passed May 1997 restricting the use of CO's without the vote of the people, asked for a legal opinion from Olson and Olson, that were City Attorney's in 1997 and now, if the City can proceed forward with CO's without taking to the voters Fred Krch, Friendswood resident, addressed Council and stated he would like the City to consider a joint partnership with Friendswood Independent School District (FISD) for Library needs at the new construction sites, elected officials decision making, learning about things after the fact that a decision is made, stated a letter was sent to the City Manager offering his services for the Lake Windemere Road analysis, the City refused his offer and would like to know why is he not permitted to sample soil, it would not cost a dime to the City and does not understand reasoning. PUBLIC HEARING Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written, regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, ,�,� regarding amendments to Section 11, The Board of Adjustment-Powers and duties, to add exceptions for the Zoning Board of Adjustment to grant variances. 04/06/2009 3100 ._.. No one spoke for or against the amendments to Section 11. Hearing no further comments Council kept the Public Hearing open. Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written, regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 20, Definitions., P. Home occupation. No one spoke for or against amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances. Hearing no further comments Council kept the Public Hearing open. Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written, regarding an application from the City of Friendswood for a U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant(JAG) in the amount of$19,848. No one spoke in favor or against the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant(JAG) in the amount of$19,848. Hearing no further comments Mayor Smith closed this Public Hearing. CITY MANAGER'S REPORT ,.... The City Manager had no report. ACTION ITEMS ""Councilmember Rivera moved to approve the disposition of RFP No. 2009-05 for Debris Management Services and authorize the Mayor to execute the contract, for both contracts, with Crowder Gulf as the primary and Ceres as the secondary. Seconded by Councilmember Hill. The motion was approved 6-0. "*Councilmember Rivera moved to approve the sublease by American Tower to Clear Wireless, LLC, pursuant to the conditions set forth in Section 10 of the License Agreement between American Tower and the City of Friendswood and authorizes the Mayor to execute the sublease. Seconded by Councilmember Barker. The motion was approve 6-0. RESOLUTIONS *"Councilmember Reid moved to approve Resolution R2009-16 - a Resolution approving and adopting updates/amendments to the "Design Criteria Manual" for the City of Friendswood, Texas; approving the standards contained therein for the design, construction and installation of public infrastructure and related facilities and improvements within the City; and repealing all prior Design Criteria Manuals and repealing other resolutions or parts of resolutions inconsistent on or conflict herewith. (Parking Group Table) Seconded by Councilmember Rivera. The motion was approved 6-0. „-.. 04/06/2009 3101 � *"Councilmember Reid moved to approve Resolution R2009-17 - 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 Federal Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $19,848.00; and authorizing the submission of such grant application to the U.S. Department of Justice, Bureau of Justice Assistance. Seconded by Councilmember Barker. The motion was approved 6-0. ""Councilmember Rivera moved to approve Resolution R2009-18 -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 Federal Cops Hiring Recovery Program; and authorizing the submission of such grant application to the U.S. Department of Justice, Office of Community Oriented Policing Services. To provide up to 5 officers. Seconded by Councilmember Hill. The motion was approved 6-0. "*Councilmember Rivera moved to approve Resolution R2009-20 - a Resolution of the City Council of the City of Friendswood, Texas, determining that an easement is needed for construction and maintenance of utilities as part of the Deepwood Force Main Project; ratifying acquisition of said easement from Galveston County, property owners. Seconded by Councilmember Reid. The motion was approved 6-0. Councilmember Barker moved to approve the following Resolutions: **Resolution R2009-19 -a Resolution of the City Council of the City of Friendswood, Texas, determining that an easement is needed for construction and maintenance of utilities as part of the Deepwood Force Main Project; acquiring said easement from the Falls at Friendswood, LLC, property owners. Seconded by Councilmember Reid. The motion was approve 6-0. ,..,,, **Resolution R2009-21 -a Resolution of the City Council of the City of Friendswood, Texas, determining that an easement is needed for construction and maintenance of utilities as part of the Deepwood Force Main Project; approving the purchase said easement from Friendswood Land Company, Inc, property owners. *"Resolution R2009-22 -a Resolution of the City Council of the City of Friendswood, Texas, determining that an easement is needed for construction and maintenance of utilities as part of the Deepwood Force Main Project; approving the purchase said easement from William J. Wasko and Susan J. Brown, property owners. Seconded by Councilmember Hill. The motion was approved 6-0. ORDINANCES '`*Councilmember Rivera moved to approve the Second and Final reading of Ordinance No.T2009-03, an Ordinance of the City of Friendswood amending the City Code by adopting a new Section 86-30 "Water Conservation Plan" which adopts a Water Conservation Plan for the City of Friendswood to promote responsible use of water; providing a severability clause; providing a penalty for each day of violation of any provision hereof; providing for the disconnection of water service for noncompliance with the provision of Water Conservation Plan; and providing an effective date. Seconded by Councilmember Holbert. The motion was approved 6-0. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Barr reported on supporting the development of Lake Windermere and the Community Appearance Board Spring Sparkle, the event was successful. ...o, Mayor Smith and Councilmembers Holbert, Barker, Rivera, Reid and Hill had no report. 04/06/2009 3102 � CONSENT AGENDA **Councilmember Reid moved to approve the Consent Agenda as presented A. Authorize the submission of an application to the Governor's Division of Emergency Management for Hazard Mitigation Grant funding. B. Authorize the Mayor to execute an agreement with Friendswood Area Swim Team (FAST)for the use of the Sesquicentennial Swimming Pool. A motion was made and approved to adjourn at 8:39 PM. 1 64 May Dav J. . Smith Attest: � �F F RIE/yG � ,� s� 0 D loris cKenzie, TR C v o City Secretary * � tP ,�. �'4rF OF ,�c�.Q°a �.