HomeMy WebLinkAboutCC Minutes 2005-04-18 Regular 04/18/05 2300
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
APRIL 18, 2005 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, APRIL 18, 2005, AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S.
FRIENDSWOOD DRIVE, FRIENDSWOOD,TEXAS,WITH THE FOLLOWING PRESENT CONSTITUTING A
QUORUM:
MAYOR KIMBALL BRIZENDINE
MAYOR PRO-TEM JERRY ERICSSON
COUNCILMEMBER LAURA EWING
COUNCILMEMBER TRACY GOZA
COUNCILMEMBER DAVID SMITH
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY LOREN SMITH
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
Councilmember Shannon Kimmel was absent from the meeting.
Mayor Brizendine called the meeting to order.
4:30 PM—WORK SESSION
Discussion was held regarding Eco-Tourism opportunities. Councilmember Ewing introduced the subject and
then introduced guest Linda Shead, Program Director with the Trust for Public Land.Councilmember Measeles
presented information regarding the Clear Creek Watershed and the Clear Creek Nature and Cultural Tourism
Council (CCNCTC) and discussion was held regarding why Nature and Cultural Tourism,what does Nature
Tourism bring, wildlife watching, Clear Creek habitats, Clear Creek is on the map for nature and heritage,
discussed the benefits and the goals of the CCNCTC, current CCNCTC efforts and activities, reviewed the
boundaries of the Clear Creek Watershed,where we fit in this process, proposed developing a tourism council
in Friendswood and proposed membership in the CCNCTC. Mayor Brizendine thanked them for presentation,
a good exchange of information with a good idea to form a tourism council,will start this process and consider
joining CCNCTC.
Discussion was held regarding the communications process with Homeowners Associations. Administrative
Assistant to the City Manager Christal Kliewer presented information regarding Friendswood Neighborhood
Network and proposed a Quarterly Neighborhood Homeowners Association Representative Meeting with the
first one being planned for April 25 at 7:00 pm for all Homeowners Associations and will be an opportunity for all
Homeowners Association officers to network. Council thanked Christal and the City Manager for a job well
done.
Discussion was held regarding the Interim Zoning Measures for the Main Street(MS)area with the Main Street
Committee and Planning and Zoning Commission. Economic Development Coordinator Karen Capps and City
Planner Diana Steelquist provided information regarding the Mixed-Use teamwork that has been prepared for
presentation to Council, provided history regarding goals of Main Street, MS Implementation Plan
recommendations,why are interim measures needed,allowed current development to conform with the basic
elements of the MS recommendations and the full MS Implementation Plan will take some time before it is in
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place. Diana Steelquist addressed why,addressed that developers are already asking aboutthe development
of MS. The team looked at Interim Measures—Original Business District changes to the Permitted Use Table
to allow mixed uses and more office uses and to the Regulation Matrix — setbacks — none except next to
residential, height—minimum 24 ft. and lot size—no minimum, Downtown Overlay District—expand to entire
Main Street area during interim and with the final plans, parking in rear, sidewalks 8 ft. minimum required,
additional areas, pedestrian friendly, landscaping requirements, 24 ft. building height with ground floor only
commercial for new construction, no flat, blank walls and 60%of lot frontage have a facade,encourage shared
driveways, 10 ft. buffer between residential and commercial properties,proposed timeline with adoption byJune
20, possibly look at existing buildings with bay doors and give some flexibility, look at addressing possible issues
with relaxing requirements, may be other commercial areas that these changes could benefit,asked for plan to
be sensitive to existing homes in the area. Council concurred with proceeding with the proposed timeline.
7:00 PM—REGULAR SESSION
The Invocation was given by Associate Pastor David Bridges from Friendswood Friends Church.
Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas.
COMMUNICATIONS FROM THE PUBLIC
Don Johnson, 810 Myrtlewood, addressed the supporting agenda item regarding a letter sent to TML and
the language used in the TML Legislative Update Publication.
Don Beeth, 5303 Whittier Oaks, addressed Council regarding the report on Capital Projects listed on the
Consent Agenda, does not feel appropriate for Consent Agenda without presentation and comment due to
the e�ent of the report.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
There was no report from the Parks and Recreation Board Chair Janie Honeycutt.
CITY MANAGER'S REPORT
City Manager Ron Cox reported on the Texas New Mexico Power Acquisition Settlement Update. City Council
approved a resolution October 18, 2004 authorizing the City's intervention in PUC Docket#30172 regarding
PNM Resources'agreement to acquire TNP Enterprises,the holding company for Texas-New Mexico Power
and First Choice. The goal of intervention was to favorably resolve issues raised bythe acquisition thatwill have
long-term impacts on electric rates and services in our community. Since thiswas PNM Resourcesfirstventure
in Texas,it was important that the Coalition cities demonstrate unity on the matters. The intervention declared
the application to be a ratemaking proceeding, requiring reimbursement bythe utility. PNM agreed to reimburse
our reasonable rate case expenses. The parties negotiated an acquisition settlement agreement that the
Council approved on February 21,2005. That agreement has been issued its final approval (final order). The
key provisions of the agreement included:Approval of the acquisition of TNP Enterprises,including Texas-New
Mexico Power Company("TNMP")and First Choice Power, by PNM Resources,TNMP lowerstransmission and
distribution electric rates by $13 million or 9.3 percent effective May 1, 2005, rate credits of $6 million,
associated with synergy savings, to be provided to customers over a two-year period, municipal pumping
accounts exempted from the 80 percent demand ratchet imposed by the Commission in Docket No. 22349,
two-year freeze on transmission and distribution rates, residential and small commercial price to beat
customers of First Choice to benefit from the rate reduction, acquisition transaction costs will not
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be absorbed by customers,service quality and reliability commitments extended,including penalties for failure
to achieve certain standards, no decrease in the number of transmission and distribution construction centers or
in TNMP employees providing field services,any quality of service penalties owed by TNMP will be covered by
PNM. This agreement is a fair resolution of the merger and rate issues. In addition, it will save the time and
costs that would be associated with litigating a lengthy rate case. Specifically, the agreement results in a
significant rate reduction. If the credits and savings go into effect at the same time,the first year impact of the
settlement on retail T&D rates is a reduction of 11.4 percent. Finally, it continues TNMP's commitments to
maintain high levels of service quality and service reliability, local job retention,and recognizes the importance
of local offices and community involvement. T&D rates make-up a portion of the retail electric rate paid by
consumers. Another important part of this agreement is that First Choice Power (the affiliated retail electric
provider) has agreed to file with the PUC for a reduction in their price-to-beat rate. That means that First Choice
retail customers in TNMP's service area will enjoy a rate reduction for the first time since deregulation. It is
estimated that 80 percent or more of Friendswood residents in TNMP's service area are First Choice
customers. Those in the service area that are not First Choice customers may also see retail rate reductions
depending on their provider agreements. Also,the City's municipal accounts that are in the TNMP T&D area
will see some savings as a result of this settlement.
City Manager Ron Cox reported on the Public Safety 800 MHz Trunking Radio System. The City of
Friendswood is one of the last cities to transition to the 800 MHz regional radio system servicing both Galveston
and Harris County. All the City's emergency service providers, e.g. Friendswood Fire and EMS, will be
transitioning to the 800 MHz radio system. There are many benefits to this system: briefly, it allows better
communication between the officer and the dispatch center, and between the officer and other public safety
agencies.The 800 MHz system operates much like a cellular telephone system with multiple towersites and is
able to provide public safety radio communications to any, or all sites over large geographical areas to many
users simultaneously. Fire Marshal and Emergency Management Coordinator Terry Byrd and Chief Wieners
developed a plan to transition to the 800 MHz system incrementally,to minimize the impact on the City's budget
and to maximize the opportunity to utilize grant funding. The City has been awarded $763,984 in total grant
funds to purchase vehicle radios, handheld radios and dispatch consoles.These funds have provided a basic
allowance for radios for the Police Department and the FMO. The grants cover a large percentage of our
equipment expense, but the"buy-in"fee or maintenance fee for the 800 MHz system is not an eligible expense.
This fee is proportional to the number of radios that an agency brings into the system,and it is a recurring fee.
The annual cost for the police department and the FMO will be approximately $9,000 per year. The police
department and FMO will be able to satisfy the costs associated with the FY05 through funds already budgeted.
So far 55 portable radios and 42 mobile radios have been received with additional radios expected. Two
dispatch consoles have been ordered and one will be temporarily installed in the current public safety building
to accommodate the transition prior to moving into the new public safety building. Friendswood Fire and EMS
will have limited use until the new public safety building is completed and will then be dispatched on the new
800 MHz system. Clearly the time for 800 MHz is now. The Southeast Texas Area Regional Network(STAR-
Net) is a wireless 800 MHz communications system designed to meet the voice and data needs of all public
safety agencies throughout this multi-county region. It meets all of the requirements of an effective and efficient
communications system and will significantly improve the communications and inoperability needs of our public
safety community.
City Manager recognized the Sesquicentennial Swimming Pool Staff and their training program and reported
that staff was recognized at The American Red Cross Aquatic Examiner Program on Saturday, February 5,
2005. Pool Manager Amy Breazeale and Recreation Coordinator James Toney were on hand to receive the
Challenge Champion Trophy and The Commodore Longfellow's Club Award. The awards are recognition for
the City's participation from May—September 2004,in the American Red Cross Aquatic Examiner Program,an
extension of the Red Cross Lifeguard Program. The Program is based on the training and expertise provided to
lifeguards through Red Cross courses and modules. Last summer, the pool staff participated in
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the Aquatic Examiner Program for the first time. The Red Cross initially toured the facility and reviewed the
policies and procedures, the emergency action plan, and in accordance with their findings, provided
recommended updates and/or changes. The next step of the Program was to have the Red Cross provide In-
Service Training to the staff. Training was provided on two separate occasions and included Life guarding skills,
CPR,first aid skills, use of rescue equipment,operational and emergency procedures, blood borne pathogens
and hazardous materials training. The Red Cross then conducted three unannounced visits to evaluate and
test the pool staff. The Stevenson Park Pool and staff achieved a perfect score of 100 percent in the Challenge
Champion program. Congratulations are in order to the Sesquicentennial Swimming Pool stafffor all their hard
work and dedication.
City Manager Ron Cox reported he attended the Galveston County Commissioner Court with Public
Works/Community Development Director Mike Hodge and reported that the City received funding from the
County for a portion of the cost of the Sunset Drive paving and drainage project.
Mr. Cox reported that the Household Hazardous Waste and Spring Sparkle was last weekend,which was a
combined League City/Friendswood project, and was a great success, approximately 1500 participated and
far exceeded expectations.
ACTION ITEMS
**Councilmember Goza moved to ratify approval of the Mayor's letter regarding authorizing the Mayor to
execute a letter to the Texas Municipal League regarding language used in the TML Legislative Update
publication.
Seconded by Councilmember Smith. The motion was approved 5-1 with Councilmember Measeles opposed.
ORDINANCES
**Councilmember Ewing moved to approve the First reading of Ordinance No.T2005-12,An ordinance of the
City of Friendswood,Texas,altering the prima facie speed limits established forvehicles underthe provisions of
§545.356,Texas Transportation Code, upon the basis of an engineering and traffic investigation,upon FM 528
from the south limit of the city to the centerline of Sun Meadow the prima facie speed shall be 55 miles per
hour, along FM 528 from the centerline of Sun Meadow to the Galveston/Harris County line the prima facie
speed shall be 45 miles per hour, and along FM 528 a school zone 475 feet south of San Joaquin to the
centerline of Desota wherein the prima facie speed shall be 30 miles per hour when flashing, all within the
corporate limits of the City of Friendswood,as set out in this ordinance; providing for severability;and providing a
penalty of a fine not to exceed $200 for the violation of this ordinance.
Seconded by Councilmember Measeles. The motion was approved 6-0.
**Councilmember Ericsson moved to approve the First reading of Ordinance No. T2005-14, 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 changing the zoning classification of a certain 9.8718 acre tract of land from Single-
Family Residential (SFR)and Community Shopping Center(CSC)to Planned Unit Development(PUD),such
tract being located at 511 North Friendswood Drive, out of Lot five (5), Hoidale and Coffman Subdivision
Galveston County,Texas,and within the city limits of the City; providing for the amendment of the City's official
zoning map; providing for severability;and providing a penalty in an amount not to exceed$2,000 for each day
of violation of any provision hereof.
Seconded by Councilmember Goza. The motion was approved 6-0.
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**Councilmember Goza moved to approve the First reading of Ordinance No. T2005-15, 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 granting a specific use permit for construction and use of buildings and facilities office
and townhouse purposes to be located on a 9.8718 acre tract of land out of Lot 5 of the Hoidale and Coffman
Subdivision,Galveston County,Texas,commonly known as 511 N. Friendswood Drive within the City;providing
a penalty of an amount not to exceed$2000 for each day of violation of any provision hereof;and providing for
severability.
Seconded by Councilmember Measeles. The motion was approved 6-0.
**Councilmember Smith moved to approve the First reading of Ordinance No.T2005-16,An ordinance of the
City of Friendswood,Texas,altering the prima facie speed limits established forvehicles underthe provisions of
§545.356,Texas Transportation Code, upon the basis of an engineering and traffic investigation, upon certain
streets and highways, of parts thereof,within the corporate limits of the City of Friendswood, as set out in this
ordinance; providing a penalty of a fine not to exceed$200 for the violation of this ordinance;and providing for
severability.
Seconded by Councilmember Ericsson. The motion was approved 6-0.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Ewing congratulated Administrative Assistant to the City Manager Christal Kliewer, City
Manager Ron Cox, Community Services Director Jon Branson and Recreation Coordinator James Toney on
outstanding Hazardous Waste and Spring Sparkle and thanked Mayor Brizendine, Councilmember Ericsson
and Police Chief Bob Wieners for attending the dedication of Dave Brown Park in Polly Ranch which was a
great success,attended City Secretaries/City Clerks Salt Grass Chapter Banquetwith our own formerAssistant
City Secretary Linda Thornton honored for her retirement from the City of Friendswood and was honored to see
an educational scholarship awarded in the name of Deloris McKenzie, attended a Library function with a
classical guitarist with outstanding attendance,Senior's Hot Dog Day in Stevenson Parkwas an excellent event,
landscaping work being done at the Shell Station was in part funded by CommunityAppearance Board,Cancer
Relay for Life is this Friday and urged everyone to participate.
Councilmember Ericsson reported he attended the Prayer Breakfast,Spring Sparkle,dedication of Dave Brown
Park and was a great community event,attended the last Houston-Galveston Area Council meeting,recapped
the last nine years serving on Council and various projects, process and accomplishments.
Councilmember Goza read a quote from the Galveston Daily News regarding the Appraisal Tax Cap and
requested Council to workshop to limit revenue by decreasing the tax rate.
Councilmember Smith reported he would like to congratulate and thank Councilmember Ericsson for hisyears
of service and for all of the work he has done, Senior's luncheon was good, congratulated the League of
Women Voters for an excellent candidate forum held last Friday night and thanked the Police Department for
work in Autumn Creek, Dare Program is hosting a picnic on May 7th for about 600 and thanked the Police
Department for their work.
Councilmember Measeles reported he attended some of the same meetings, attended Galveston County
Consolidated Drainage District meeting last week with several projects considered, reminded everyone of
Concert in the Park every Friday beginning in May, is free to everyone and a wonderful family outing, goes
through June and invited everyone to attend.
Mayor Brizendine reparted he attend�d sam�af the sam�m�etings,acknowiedged C�uncilm�mb�r Er�css�n
and his many�on�ributions over the years,appreciat�s his ef�quence and defiberative skilis, no argum�nt o�e�
th�years he ser�ed and passion fo�h�s�i�y,great privilege t�serv�with him,taught him�a maintain c�al and
in#ellectually work y�ur way�ut an� is more pr�duc�iv�.
C�NSENT AGEN�A
**�ouncilmember Meas�les moved t�appro�e�he Consent Agenda w�th the exceptian of Item E-Au�horize
acceptan�e af 5treets, Drainage,and U�ilities f�r the Friendswood Cove Subdi�isian f�r�he C�ntrac�or's one--
y�ar maintenance peri�d. A.A`nrard Bid N�. R2��5-�4 and authorize the Mayor to execute a Con�raGt f�r the
2��� Right of Way M�wing Projec�. B. Ra�ify and confirm authorizing the Mayor to ex�cute a Fire �rant
Applica�ian for th� Friendswood Vo�unteer F�re❑�partm�nt. �.Authorize the Mayor to�xecute a Mutuaf A�d
Fi�e Protec�i�n Agreement with the Harris Caunty FEr�f�gh�ers Ass�cia��on for the Friendswood Volun��er Fire
Department. D. Authori��ac�eptanc��f Utilities only f�r the B�iar Bend Sub�i�isi�n for the��ntra�tflr's one-
year maintenanc�periad. F.Autharize the purchase nfan aut�mated time and a�t�ndance system forthe Ci�y
of Friendswa�d. G. Authoriz�acceptance of�he Fina� Easement f�r the Sun Meadow Drainage Projecf. H.
Autharize th�Mayor ta ex�cu��an Agreement�rvith Gov�rnment Resvurce Assaciates f�r Consulting Servic�s
in#he pr�parati�n of a L�ng-Range Financial P�an for the C��y af Fri�nds�rvaad and autho�EZe�he appropriation
of$8,3��t�r Phas� II af�h� Plan. I. Rep�rk afi Capital Pro�ects. J. Authorize 8anner Permit App�ication far
111les�rvoad Elementary R�undup. K. Approva� of March ��D� Praperty Tax Rep�r�. L. Appr��e Minutes of
April 4, ���5 Regu�ar Meeting.
Se��nded by Counc�f inember Ericsson.
**�`�ouncilmember��za maved to approve am�ndment to the main motion�o ltem E-Au�harize acceptance
�� �treets, Drainage, and Utiiiti�s f�r the Friendswood Co�e Subdivision fv� the �on�ract�r's one-year
main�enance �erf�d.
Seconded by�ouncilmember Ericsson. Th� motion was app��ved 5��.
Main motion, as amended, appro�e� 5-�.
fUlayor Brizendin�int�adu�e�s�me o�th�youths in the F�iendswood�rime Stapp�rs and Friends�voad PolECe
Department�fficer Judy Pree.
A motian �nras made and appr�v�d ta adjourn a�8:�5 PM.
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ayor I�imball W. Brizendi e
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