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HomeMy WebLinkAboutCC Minutes 2009-06-01 Special 06/01/2009 3123 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JUNE 01, 2009 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JUNE 01, 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 JIM HILL COUNCILMEMBER JIM BARR COUNCILMEMBER LESLIE REID COUNCILMEMBER BILL HOLBERT CITY ATTORNEY BOBBY GERVAIS ACTING CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Councilmember Barker was absent from the meeting. Mayor Smith called the meeting to order. �... SPECIAL SESSION A discussion was held regarding the Water and Sewer Projects being considered in the Revenue Bond Sale. Acting Director of Administrative Services, Cindy Edge presented a PowerPoint presentation regarding the projects approved in September 2008, remaining projects after funding project with Economic Development Administration (EDA) grant, add projects from prioritization list and proposed bond issue. OATH OF OFFICE The Honorable Judge James W. Woltz administered the Oath of Office to newly re-elected Councilmember Jim Hill for Position No. 3. Councilmember Barker, Position No. 4 was out on business matters and will be sworn in independently prior to the next Council meeting. 7:00 PM—REGULAR SESSION The invocation was given by Pastor Lynn Colby with Calvary Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. JOINT DOCKETED PUBLIC HEARING Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed 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. � Bobbie Jones, Friendswood resident, asked for clarification regarding advertising and the number of business vehicles allowed on the street, stated should be required to park on the driveways. 06/01/2009 3124 � Bill Finger, Friendswood resident, spoke in favor of the changes being proposed and supports the ordinance that could be amended at a later date if needed, questioned how items of this nature are advertised and feels definitive information should be provided to the public. Hearing no further comments, Planning and Zoning Chairman Holland closed this portion of the Joint Public Hearing. Council ciosed this portion of the Joint Public Hearing. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed 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 7, Permitted Use Table, regarding NAICS use No. 721 Accommodation and adding NAICS use No. 7212 RV(Recreational Vehicle and Parks and Recreational Camps). No one spoke in favor or against the proposed Ordinance. Hearing no further comments, Planning and Zoning Chairman Holland closed this portion of the Joint Public Hearing. Council left this portion of the Joint Public Hearing open. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed 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 7, Permitted Use Table, adding NAICS use No. 81112 Automotive Body, Paint, Interior and Glass """' Repair; and Section 8.J.6. Auto repair garage. Bobbie Jones, Friendswood resident, spoke in favor of the proposal and stated it has been long needed. No one spoke in opposition of the proposed Ordinance. Hearing no further comments, Planning and Zoning Chairman Holland closed this portion of the Joint Public Hearing. Council left this portion of the Joint Public Hearing open. COMMUNICATIONS FROM THE PUBLIC There was no communication from the public. CITY MANAGER'S REPORT The Acting City Manager had no report. ACTION ITEMS '`*Councilmember Holbert moved to approve the Schedule of Events for the sale of Water & Sewer Revenue Bonds. Seconded by Councilmember Hiil. The motion was approved 6-0. � 06/01/2009 3125 � **Councilmember Barr moved to approve the Interlocal Agreement for Tax Collection Services with the Galveston County Tax Office and accepting the amendment contract for three years. Seconded by Councilmember Rivera. "**Councilmember Holbert moved to amend the motion to keep language from the original agreement for annual renewal clause for notification. Seconded by Councilmember Barr. The motion was approved 6-0. ****Councilmember Holbert moved to amend to add $15,000 to add a second day to the services provided at City Hall. Seconded by Councilmember Rivera. The motion was approved 6-0. Original motion, as amended, was seconded by Councilmember Rivera. The motion was approved 6-0. ""Councilmember Barr moved to approve the Mayor to execute a contract with Costello, Inc., for professional services associated with final design component of the FM 518 Drainage Improvements Project and authorizing the appropriation of funds for the project. Seconded by Councilmember Rivera. The motion was approved 6-0. **Councilmember Reid moved to approve a project list and authorize the Mayor to execute an application and ancillary professional services forms associated with the Office of Rural Community Affairs Disaster Recovery Program. Seconded by Councilmember Rivera. The motion was approved 6-0. *"Councilmember Barr moved to approve the Mayor to execute a contract with David Wight Construction '° Company, Ltd., for the construction of the City Park Waterline Extension project and authorizing the appropriation of funds for the project. Seconded by Councilmember Hill. The motion was approved 6-0. **Councilmember Rivera moved to approve the Mayor to execute the Financial Assistance Award documents related to the Department of Commerce's Economic Development Administration grant award. Seconded by Councilmember Reid. The motion was approved 6-0. RESOLUTIONS No motion was made on Resolution R2009-31 -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 City Park Waterline Extension Project; approving the acceptance of said easement from Jerry Moore, property owner. **Councilmember Reid moved to approve Resolution R2009-32 - 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 City Park Waterline Extension Project; approving the acceptance of said easement from Archie Amielgh, property owner. Seconded by Councilmember Hill. The motion was approved 6-0. "*Councilmember Holbert moved to approve Resolution R2009-36 - a Resolution of the City of Friendswood, Texas, authorizing the Police Department to apply for funding with the U.S. Department of Justice, Bureau of Justice Assistance under the Bulletproof Vest Partnership Program. *'Motion by Councilmember Holbert � Seconded by Councilmember Rivera. The motion was approved 6-0. 06/01/2009 3126 � ''*Councilmember Barr moved to approve Resolution R2009-37 - a Resolution ratifying all past legal proceedings and authorizing all current and future legal proceedings in connection with the authority of the City of Friendswood, Texas to issue the Combination Tax & Revenue Certificates of Obligation, Series 2009 without an election and for projects including a public park in Brazoria County, Texas. Seconded by Councilmember Reid. The motion was approved 6-0. Janis Lowe, Friendswood resident, addressed Council and stated she believed this action was predicated on the thought that there may be a lawsuit filed, asked Council for clarification as to what this will mean to the citizens and stated she has never received copies of the Attorney's General's opinions. Council stated the City is the plaintiff and the City is initiating action to get validation of previous actions and the only way to get the courts review is to file a lawsuit. Attorneys have provided information that the City is legally capable of doing what the Council has proposed regarding Certificate of Obligation's (CO's) and State law allows this action and the purchase of park outside of the City is legal. Ms. Lowe stated she would never sue the City and would ask Council to consider doing General Obligations(GO's)to pay for these projects. Vera Smart, Friendswood resident, addressed Council and commented on the broad statement ratifying all future legal proceedings when do not know what they may be, asked Council to consider this. Council stated this is for clarification and validation to answer these questions once and for all. ORDINANCES The Planning and Zoning Commission made positive recommendations for all three ordinances to be considered. """ **Councilmember Rivera moved to approve the First reading of Ordinance T2009-05 - 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 20, "Definitions," Subsection (P) "Home Occupation" by amending the definition of"Home Occupation"; 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. The motion was approved 6-0. ""Councilmember Barr moved to approve the First reading of Ordinance T2009-09 - 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 providing in the Permitted Use Table contained in Section 7-P thereof that the Use described in Category 721, entitled "Accommodation," may be permitted in the Industrial ("I") Districts; providing in the Permitted Use Table contained in Section 7-P thereof that the Use described in Category 721, entitled "Accommodation," be expanded by adding Use #7212 for RV (Recreational Vehicle) Parks and Recreational Camps, and providing the Zoning Districts where such Use is permitted; providing other matters relating to the subject; 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. ***Councilmember Rivera moved to table the First reading of Ordinance T2009-09 to schedule a workshop. Seconded by Councilmember Reid. The motion was approved 6-0. .... � n i���i s� 06/01/2009 3127 *"Councilmember Hill moved to approve the first reading of Ordinance T2009-10 - 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 adding in the Permitted Use Table contained in Section 7-P thereof that the use described in NAICS Category 81112, entitled "automotive body, paint, interior, and glass repair," may be permitted in the (PUD-Mixed Use), (LI) and (I) Districts, and may be permitted with Specific Use Permit (SUP) in the (CSC), (NC), (DD), and (PUD) Districts, and permitted for office use in the (OPD) District; amending Section 8.J.6 to add requirements for fencing, screening and parking for auto repair garages that perform body repair and painting; providing other matters relating to the subject; 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 Holbert. The motion was approved 6-0. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmembers Holbert, Reid and Barr stated they had no report. Councilmember Rivera reported he attended the Annual Friendswood Volunteer Fire Department (FVFD) ceremony and congratulated all that they do and urged citizens to make three dollar contributions. Councilmember Hill reported on the Annual Friendswood Volunteer Fire Department (FVFD) ceremony and wished all Council could attend to see what all that FVFD does, some firefighters make over three hundred calls a year. Councilmember Hill reported traveling along with Councilmember Barker to Washington DC with Bay Area Houston Economic Partnership (BAHEP) for the annual Keep it Sold Program and learned a lot about NASA programs, talked to a number of people from all over the country, "'�'" it was very rewarding, walked the halls and were well received. Mayor Smith reported he attended the Community Appearance Board (CAB) meeting and thanked Community Services Director, James Toney and the Police Department for the Memorial Day ceremonies, thanked everyone who performed at the ceremony and the Community Services Department along with CAB who will be taking over the responsibility for future ceremonies. Mayor Smith congratulated Westwood Elementary school for being recognized as the National School of Character, it speaks volumes of all that the teachers and administrators provide to the kids. CONSENT AGENDA *"Councilmember Rivera moved to approve the Consent Agenda as presented. A. A license agreement for the use of the buyout property located at 506 N. Shadowbend. Seconded by Councilmember Reid. The motion was approved 6-0. 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 reconvened into Regular Session with no action taken. 06/01/2009 3128 ...� A motion was made and approved to adjourn at 9:26 PM. Ma David J. . Smith Attest: ` � O� f R�EIy�� D loris cKenzie, TRMC �► � City Secretary v o �! * � ��rF oF '��� � ...