Loading...
HomeMy WebLinkAboutCC Minutes 1996-01-08 Regular _ 819 STATE OF TEXAS ) � CITY OF FRIENDSWQOD ) ( , COUNTIES OF GALVESTON/HARRIS ) ( JANUARY 8, 1996 ) ( MINUTES OF A REGCTLAR MEETING OF THE FRIEIJDSWOOD CITY COUNCIL HELD ON MONDAY, JANUARY 8, 1996 AT 7:00 P.M. AT FRIENDSWOOD CITY HAI,L, COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT ._ CONSTITUTING A QUORUM: J�q�ypR EVELYN B. NEWMAN MAYOR PRO T8M JANIS LOWE ` COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER MEL MEAS�LES COUNCILMEMBER TOM MANI50N COUNCILMEMBER MEL AUSTIN COUNCILMEMBER ALINE DICKEY CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CTTY SECRETARY DELORIS MCKENZIE , � MAYOR NEWMAN CALLED THE MEETING TO ORDER. CITY MANAGER RON COX GAVE THE INVOCATION. BROWNIE TROOP 1601 LED THE PLEDGE OF ALLEGIANCE. MAYOR NEWMAN AND PLANNING AND ZONING CHAIR BENNY BIIKER CALLED A PUBLIC HEARING TO ORDER TO RECETVE INPUT, EITT3ER ORAL OR WRITTEN, REGARDING THE FOLLOWING ITEMS: POTENTTALLY SUBSTANDARD BUILDING LOCATED AT 16810 BOUGAINVILLA. ,�-��� NO PUBLIC CONINIENTS RECEIVED. ZONE CHANGE REQUEST FOR NE CORNER OF FM 528 AND SUNSET FROM NEIGHBORHOOD CENTER TO COMMUNITY SHOPPING CENTER. NO PUBLIC COMMENTS RECEIVED. ZONE CHANGE REQUEST FOR PROPERTY LOCATED AT 2001 F'M 518, EAST OF INTEI2SECTION OF EAGLE LAKES BOULEVARD AND FM 528 FROM SINGLE FAMILY RESIDENCE TO NETGHBORHOOI� CENTER. MR. RALPH GARCI,F1, OWNER OF THE PROPERTY AND MR. BOB CAVENDA, ATTORNEY FOR MR. GARCIA, AP]?EARED BEFORE COUNCIL A�ID STATED THEY WERE WORKING WITH PROSPECTIVE BUYERS THAT WANT TO DEVELOP A MEDICAL BUILDING FOR DQCTORS/DENTAL, ETC. MR. GEORGE ANDERSON SUBMITTED A LETTER OPPOSING THE REZONING. MS. PAM SCOTT WI:TH EAGLES POINT HOMEOWNERS ASSOCIATION, SUBMITTED A PETITION OPPOSING THE REZONING. �.,.. 820 MAYOR NEWMAN ASKED HOW MANY IN THE AUDIENCE WERE OPPOSED TO THE REZONING 'WITH SEVEN CTTTZENS IN TH� AUDIENCF BEING RECOGNIZED. HEARING NO FURTHER INPUT, THE PUBLIC HEARING WAS GLOSED AT 7:2Gi P.M. MAYOR NEWMAN REPORTED ON ATTENDING TFiE E'ORMATION MEETTNG OF THE FRIENDSWOOD VETERANS OF WAR IN FRIENDSWOOD, AND Z'F-iANKED THE CENTENNIAL COMMITTEE FOR THE YEAR OF WONDERFUL EVENTS THAT WERE PLANNED AND PRESENTED DCIRING 1995--FRIENDSWOOD'S 100TH BIRTHDAY. CITY SECRETARY DELORIS MCKENZIE ANNOt1NCED THE BIRTH OF HER SE;COND GRANI)SON, ; ° AUSTIN BENJAMIN, BORN TODAY AT 11:38 A.M. , WEIGHING 7 LBS. S3 OZS. , AND 20 �� i INCHES LONG. GRANDSON, MOM AND GRI�MMY "D" ARE ALL DOING WELL. '; i COUNCILMEMBER HAJECATE CONGRATULATED COUNCILMEMBER LOWE ON BETNG SELECTED QUEEN OF' MARDI GRAS KREWE OF BREW AND CONGRATULATED THE CTTY SECRETARY ON HER NEW GRANDBABY. COUNCILMEMBER MEASELES WISHED EVERYONE A HAPPY NEW YEAR AND URGED EVERYONE TO VOTE IN THE UPCQMING ELECTIONS. COUNCILMEMBER MANISON REPORTED ON ATTENDING THE PARKS AND RE,CREATION BOARD MEETING WITH DISCUSSION REGARDING THI? SPORTS PARK AND REPORTED ON ATTENDING THE PLANNING AND ZONING MEETING. COUNCILMEMBER DICKE.Y STA�ED SHE HOPE:D EVERYONE TS OFF TO A RUNNING START, REPORTED ON ATTENDING THE PLANNING �ND ZONING MEETING WITH PRE—APPLICATI.ON ON CEDARWOOI7 AND MELODY LAZE, FINAL F'LAT ON FRIENDSWOOD PLAZA WITH DEVELOPER TO LANDSCAPE DETENTION POND, STATED ENTRYWAY OVERLAY IS CONFL�STNG AND ASKED ABOUT CITY ATTORNEY'S OPINION ON APPLICATI.ON OF ENTRY WAY OVERLAY,. WELCOME TO FRIENDSWOOD SIGNS LOOK GOOD, REPORTED MEETING WITH NEW TXDOT DISTRICT ENGINEER MR. GARY �RIETSCH, ANNOUNCED GALVEST�N COUN7�Y MAYOR AND COUNCILMEN'S ASSOCIATION WILL BE HELD IN SANTA FE NEXT WEDNESDAY AND CONGRATULATED MARDI GRAS QUEEN JANTS :GOWE. COUNCILMEMBER LOWE WISHED EVERYONE A HAPPY NEW YEAR AND HAPPY BIRTI-IDAY TO COUNCILMEMBER DICKEY, REPORTED ON THE WASTE. WATER TREA�['MENT MEETING, � ATTENDING THE PUC MEETING IN AUSTI�i REGARDING DEREGULATIONS, REPORTED ON � ATTENDING A MEETING IN JACKSON, VdYOMING, WITH A PRESENTATION ON TEEN COURT � AND CONGRATULATED THE CITY SECRETARY ON HER NEW GRANDSON. MAYOR NEWMAN ANNOUNCED 263 HAVE VOTED EARLY TO DATE AND URGED EVERYONE TQ VOTE ON THE SALES TAX PROPOS.TTION. MR. DON BEETH APPEARED BEFOE2E COCJNCIL REGARDING THE SPORTS COMPLEX CITING THE IMPACT ON THE TAX PAYER, TAKING PROPER'I'Y OFF THE TAX ROL� AND ASKING FOR AN ECONOMIC IMPACT STUDY ON THE PROPERTY. MS, SHERIE WARMTNSKI APPEARED BEFORE COUNCIL. REGARDIN� :I'HE SALES TA� ELECTION AND BUILDING THE SPORTS COMPLEX, URGED COUNCIL NOT 7'0 BOND FOR THE PROJECT AND STATED THE NEWSLETTER ARTICLE ON THE SP�RTS PARK PASNTED A ROSY PICTURE AND COULD BE A PROBLEM �'OR THE VOTER. 82i MR. I,AMAR LANDRY APPEARED BEFORE COUNCII. TO EXPRESS CONCERNS REGARDING THE PROPOSED USE OF FALCON RIDGE AS AN ACC�SS TO THE SPORTS PARK WITH THE 640 PARKING SPACES :IN THE REAR OF THE PARK, STATED THAT HE COULD NOT VOTE FOR THE SALES TAX UNLESS SOMEONE COULD ASSURE HIM THE SAFETY OF HIS FAMILX. MAYOR NEWMAN STATED COUNCIL IS AWARE OF THE CONCERNS OF THE RESIDENTS OF FALCON RIDGE R]:GARDING THE ACCESS TO THE SPORTS COMPLEX AND HAS ASKED CONSULTANT J. T. DUNKIN TO LOOK AT CHANGING THE PARKING ARF,A AT THE SPORTS PARK AND STATED THE DRAWINGS ARE ONLY PRELIMINARY DRAWINGS AND CHANGES CAN ..... BE MADE AND STATED COUNCIL WILL WORKSHOP THE PLAN TO ADDRESS THESE CONCERNS. COUNCILMEMBER DI:CKEY ASKED IF THE SPORTS PARK PLANS HAVE BEEN AMENDED WITH ; COMMUNITY SERVIC;ES DIRECTOR JON BRANSON ADVISING THE PARKS AND RECREATIONS BOARD MADE RECOP'Il�IENDATIONS FOR MINOR CHANGES AT THEIR LAST MEETING BUT THEY HAVE NOT BEEN MADE UNTIL A JOINT WORKSHOP CAN BE HELD. COUNCILMEMBER DICKEY ASKED IF ENGINEERING HAS STARTED ON DRAINAGE PLANS WITH THE CITY MANAGE�R ADVISING YES, 'FHE DRAINAGE PLANS HAVE BEEN STARTED BUT CANNOT BE COMPL:ETED UNTIL THE JOINT MEETING WITH PARKS AND RECREATION AND WILL MEET WITH FI�LCON RIDGE HOMEOWNERS ASSOCIATION. MR. KEN GRAY APPEARED BEFORE COUNCIL TO EXPRESS HIS CONCERN FOR THE MAJOR ACCESS TO THE �PORTS PARK TO BE EAGLE LAKES AND FALCON RIDGE, MR. GRAY STATED THAT HE IS NOT OPPOSED TO THE PARK OR THE SALES TAX BUT FEELS STRONGLY THAT NO PARK SHOULD BE PLANNED WITH MAJOR ACCESS THROUGH NEIGHBORHOODS AND ASKED COUNCIL TD INCLUDE HOMEOWNERS IN THE OVERALL PLANNING OF THIS PROJECT. COUNCILMEMBERS LOWE AND DICKEY URGED COMN[UNITY SERVICES DIRECTOR JON BRANSON TO TAKE COMMENTS BACK TO THE PARKS AND RECREATION BOARD AND EXPRESS �HESE CONCERNS AND MAKE EVERYONE AWARE �F THE Pi4RK5 ANI� RECREATI.ON BOARD MEETING. MS. JANE BUZZARD FROM EAGLE LAKES EXPRESSED CQNCERN WITH TRAFFIC TO THE SPORTS PARK. , ! MS. MARGA�(2ET LIMMER FROM FALCON RIDGE EXPRESSED CONCERNS WITH THE TR�'FIC i AND SAFETY FOR THE USE OF FALCON RIDGE AS ACCESS TO THE SPORTS PARK AND ' � STATED SHE WOULD LTKE TO BE INVOLVED TN A COMMITTEE TO RESOLVE THESE ISSUES. MR. HOWARD YEA.GER EXPRESSED CONCERNS WITH THE AMOUNT OF DIRT BEING STOCKPILED ON TE[E 5PORTS PARK SITE AND STATED WITH OVER 300 TONS OF DIRT IN THIS PROJECT, Z'HIS COULD CAUSE SOME DRAINAGE PROBLEMS FOR THE ADJACENT SUBDIVISIONS. MR. GREG HUGHES REPRESENTING GIRLS SOFTSALL ASKED COUNCIL TO HOLD A PUBLIC HEARING TO EXPL.AIN THE PROPOSED SPORTS PARK TO THE PUBLIC AND STATED IN ORDER FOR THE SALES TAX TO PASS, THE PU$LIC WOULD HAVE TO BE EDUCATED. COUNCILMEMBER LQWE ,ASKED MR. HUGHES IF THE SPORTS GROUPS HAVE FORMED A POLITICAL ACTIONf COMMITTEE, IF S0, '�HEY WOULD NEED TO FILE FORMS WITH THE CITY AND POLITIC,AL SIGNS MUST HAVE A DISCI:,AIMER. CITY MANAGER COx: REPORTED ON THE TCI CABLEVISION OF TEXAS' 1200 REFUND THAT AT LONG LAST, TCI HAS AGFtEED TO PAY A REFUND TO THEIR CUSTOMERS IN 822 � FRIENDSWOOD ACCORDING TO THE ORDER ISSUED IN OFtDINANCE 95-2. MR. COX STATED THAT THTS ORDER WAS NOT APPEALED TO THE FCC, AS WAS THE PREROGATIVE OF TCI; NEVERTHELESS, TC7: DID NOT WANT TO PAY IT. CITY MANAG�R C;OX STATED THAT CUSTOMERS OF TCI WILL RECEIVE A ONE-TIME CREDIT ON THEIR BILI1 OF $.40. CITY ' MANAGER COX ALSO REPORTED ON THE TJPDATE STUDY FOR LAND USE ASSUMPTIONS, CAPITAL TMPROVEMENTS PLAN, AND IMPACT FEE REGARDING WATER AND WASTEWATER SYSTEMS. IN THTS UPDATE, MR. COX STATED THAT BROWIV & GAY ENGINEERS PREPARED ALL THE TMPACT FEE STUDIES TO DATE ]?OR FRIEND5WOOD AND AS REQUIRED BY STATE LAW, IT IS NOW TZME TO UPDATE THE IMPACT FEES. CITY MANAGER COX STATED THAT RECENTLY, BROWN & GAY HAVE BEGUN WORKING FOR A PRTVATE DEVELOPER IN THE VERY AREA OF TOWN WHERE. NEW FEES SHO[ILD BE IMPLEMENTED AND AS A RESULT, �TAFF ' BELIEVES THAT IT IS APPROPRIATE TO 5EEK PROPOSALS FROM OTHER FIRMS FOR THESE SERVICES AND A REQUEST FOR PROPOSAL WAS DEVELOPED. MR. COX STATED THAT CLAUNCH & MILLER, ESPEY, HUSTON & ASSOCIATES, AND RUST LICHL'ITER * JAMESON �� WERE ASKED TO SUBMIT PROPOSALS. ALL THREE FIRM5 SUBMITTED PROFOSALS. MR. COX REPORTED THAT AFTER REVIEW BY DOUG KNEUPPER, DIRECTOR OF COMMUNITY DEVELOPMENT, AND MR. COX, THEY JOINT'LY RE.COMMEND NEGOTTA.TING WZTFi �LAUNCH & MILLER, INC. FIRST AND ESPEY, HUSTON & ASSOCIATES �ECOND, SHOULD NEGOTTATIQNS BREAK DOWN WITH CLAUNCH & MILLER. MR. COX FURTX-iER STATED THAT AFTER COUNCIL'S ACCEPTANCE OF THIS I2ECOMMENDATION AND IN ��CCORDANCE WITH STATE LAW ON SECURING PROFESSIONAL SERVICES, A CONTRACT WILI� BE NEGOTIATED AND SUBMITTED TO COUNCIL F(�R APPROVAL. COUNCILMEMBER DICKEY ASKED IF TH� CITY HAS RECFIVED A RESPC>NSE FROM TXDOT REGARDING THE OVERHEAD SIGNS ON �!'HE FREEWAY WITH THE CITY M�NAGER ADVISING THAT A RESPONS� HAS NOT BEEN RECEIVE,D WITH COUNCTr,r�r��� DICIKEY STATING T�E CITY NEEDS TO MOVE FORWARD ON THIS ISSUE. COUNCILMEMBER DICKEY ASKED IF THE ISSUE WITH THE ENTRYWAY OVERLAY HAS BEEN A.DDRESSED WITH THE CITY MANAGER ADVI;3ING HE f�AS DTSCIJSSED THIS WITH THE CITY ATTORNEY AND THE CITY ATTORNEY IS WRITING AN OPINION WIT�i GOUNCII,MEMBER DICKEY REQUESTED THE CITY MANA�ER T() HAVE STAFF NOT APPLY ENfiRYWAY OVERLAY WTTH THE CTTY MANAGER STATING STAFF HAS TO ENFORCE THE O�tDINANCE UNLESS DETERMTNED UNENFORCEABLE WITH COUNCII�MEMBER DICKEY STATING BA.3ED ON THE �ITY ATTORNEY'S OPINION, THIS COULD B� PLACING THE CITY IN A LII3ELOU5 POSITION AND STATED SHE WOULD NQT ENFORCE THE �RDINANCE. CITY ATTORNEY JOHN OLSON ADVISED THAT POSSIBLY THE ORDINANCE DID NOT CREATE ' � ° ZONES AND THE CITY MAY NEED TO ADO:PT AN AMENDATORY ORDINANCE AND MAY NOT kEQUIRE A PU�LI.0 HEARING, STATED IT IS A MATT.ER OF CONSTRIICTION OF THE ORDINANCE, BELIEVES THE ORDTNANCE WAS AMENDED TO CREATE DISTFtICTS, DOES NOT THINK THIS WOULD BE LIBELOUS, AND THAT THE CITY HAS GOVERNMENTAL IMMUNITY FROM LIABILITY. COUNCILMEMBER DICKEY STATED THAT C'ITY PLANNER DAVID HOOVER IPIDICA�ED HE HAD RECETVED AN OPINION FROM THE CITY ATTORNEY AND ASKED THE CITY MANAGER IF WE HAVE RECEIVED A WRITTEN OPINION FROM THE CITY ATTORNEY WITH T]HE CITY MANAGER A1]VISING N0, ONLY A VERBAL OPINION AND STATED THIS WILL L�E PLACED ON A COUNCIL AGENDA. COUNCILMEMBER HAJECATE EXPRESSED APPRECIATION TQ THE CITY MANAGER FOR FOLLOWING UP ON COALITION�QF CITIES ON CABLE REGULATIONS. , I ° .._._� , 823 COUNCILMEMBER LGWE EXPRESSED APPRECIATION FOR THE "WELCOlKE TO FRIENDSWOOD" SIGNS AND ASKED IF THERE WILL BE LANDSCAPING WITH MAYOR NEWMAN ADVISING, YES, IT IS PLANN.ED. COUNCILMEMBER LOWE ASKED IF THE MOORE ROAD COUNTY STREET PROJECT IS COMPLETE AND IF S0, THE L)IRT ON THE EDGES OF THE L20AD NEED TO BE SCRAPED OFF WTTH THE CITY MANAGER ALIVISING THE ROAD WORK IS COMPLETE AND THE EDGES WILL BE DRESSED UP. COUNCILMEMBER LOWE ASKED ABOUT THE FISD REPORT AS IT RELATES TO THE GROWTH � "'r IN TIiIS AREA AN:D ASKED WHER� THE INFORMATION CAT�IE FROM SINCE THE SEPTEMBER BUILDING REPORTS HAVE NOT BEEN COMPI.�TED WITH THE CITY MANAGER STATING THE , BUILDING REPORTS WOULD BE AVAILABLE THIS WEEK. COUNCILMEMBER LOWE ASKED ABOUT THE DOLLAI� FIGUR�S ON THE NEW CTTY HALL THAT THE MAYOR USED IN HER CITY ADDRESS FOR THE CHAM�ER WITH THE CITY MANAGER ADVISING THE FIN.FIL NUMBERS. ARE ALMOST COM]?LETE. COUNCILMEMBER LOWE ASKED ABOUT THE WORKTNG ON THE PLAQuE FOR CITY HALL WITH THE CITY MANAGER ADVISING THE PLAQUE HA5 NOT BEEN ORDF�.EtED AS HE IS WAITING I FOR COUNCIL'S COMMENTS. COUNCILMEMBERS I,OWE AND DICKEY INDICATEI) THEY HAVE COMMENTS. COUNCILMEMBER LOWE ADDRESSED THE ISSUE 07� FIRE INSURANCE RATES IN THE CITY, STATING THE CITY' HAS NOT PURSUED THE FIRF: PROTECTION STATUES AND HAS USED 89 CENTS KEY RATE FOR FRIENDSWOOD, PRESENT]3D DOCUMENTATION AS HOW TO REQUEST KEY RATES, AND ASKED THE EITY MANAGER FOR AN ASSESSMENT WITH THE CITY MANAGER ADVISING THAT FIRE MARSHAL TERRY BYRD HAS BEEN LOOKING INTO THIS AND STATED TT WAS HIS UNDERSTANDING THAT INSURANCE COMPANY'S USE THE HOUSTON RATE OF 22 CENTS. COUNCILMEMBEIt LOWE ASKED ABOUT THE ARTICI,E IN THE CITY NEWSLE.TTER REGARDING THE SPORTS PARK AND STATED THERE WERE SOME INCONSISTENCIES WITH THE FACTORS USED F'ROM THE PARKS PLAN ON HOW MANY ACRES PER PERSON FOR PARKS WIZ'H THE CITY MANAGER AI)VISING COMMUNITY SERVICES DIRECTOR JON BRANSON USED 2HE ! STATISTICS FROM THE NATIONAL PARKS AND RECREATION STANDARDS AND THE MASTER ' PARKS PLAN ANI� V1ILL LOOK AT THE INFORMATIQN AND STATED IF IT IS INCORRE.CT, I IT WAS NOT INTE:NTIONAL TO CONFUSE THE VOTERS AND WILL CORRECT AND GET OUT THE INFORMATION TO THE PUBLIC. COMMUNI7'Y SERVICES DIRECTOR BRANSON STATED THAT HE WILL T7�KE FULL. RESPONSIBII,ITY FOR THE ARTICLE AND WILL RESE.I�RCH STATISTICS AND REPORT PERSONALLY WITH COUNCILMEMBER LOWE STATING. THAT NETGHBORHOOD PAFlKS ARE NOT IN THE PLAN, YET FOREST BEND AND POLLY RANCH PARKS ARE INCLUDED. **COUNCILMEI�IBER LOWE MUVED TO APPROVE A(,TION AUTHORIZING NEGOTIATIONS WITH ENGINEERING �'IRM TO PROCEED WITH REVISIONS TO IMPACT FEE FOR CITY OF FRIENUSWOOD. SECONDED BY COUNCIr,M�MRFR HAJECATE. THE MOTION PASSED UNANIMOUSLY. CONSIDERATION AND POSSIBLE ACTION REGARDING EXXON'S REQUEST FOR AN AMENDED PERMIT TO TRAN:iMIT ETI3ANE IN I`i'S PIPf�I,INE SYSTEM THROUGH THE CITY OF FRIENDSWOOD WAS TABLED UNTIL. THE JANUARY 12, 1996 COU�tCIL MEETING. �,�.� 824 **COUNCILMEMBER AUSTIN MOVFD TO APPROVE ACTION REGARDING DECLARING THE STT2UCTURE AT 16810 BOUGAINVILI,A, LqT 3, BLOCK 25, FOREST BEND, SECTION 6, TO BE A PUBLIC NUISANCE AND ORDERING REPAIR OR DEMOLITION. SECONDED BY' CpUNCILMEMBER MEASELES. THE MOTIQN PASSED UNANIMOUSLX. **COUNCILMEMBER HAJECATE MOVED TO APPROVE RESOLUTION N0. R96°1-A RESOLUTION BY THE MAYOR AND COUNCTL OF THE CIZ'Y OF FRIENDSWOOD, TEXAS, GALVESTON/I-iARRIS COUNTIES, ENDORSING SUPPORT OF A MULTI-AGENCY GRANT PROPOSAL OF GALVESTON COUNTY REGARDING A COUNTY WIDE NARCOTICS CONTROL PROGRAM. SECONDED BY COUNCTLMEMBER MANISON. THE MOTION PAaSED UNANIMOUSLY. **COUNCILMEMBER MEASELES MOVED TO APPROVE RESOLUTION N0. R96-2, A RESOLLITION OF THE CITY COUNCIL OF THE CITY 0 ? FRIENDSWOOD, 7'EXAS AUTHORI TNG THE 1'OLICE DEPARTMENT TO USE UNMARKED VEHICLE;S T.N ORDER TO FACILITATE PO]C,ICE UNDERCOVER WORK AND OTHER LEGITTMATE' FUNCTIONS OF THE POLICE DEPARTMENT. SECONDED BX COUNCII MEMBER DICKEY. THE MOTION PASSED UHANIMOUS:LY. **COUNCILMEMBER LOWE MOVED TO APPROV RESOLUTION N0. R96-3, i RESOLUTIOI OF THE CITY OF FRIENDSWOOD, TEXAS ALITHORIZING AN INCREASED SALES TAX BE APPROVED BY A MAJORITY OF' VOTERS GAaTING A BALLUT ON OR BEFURE JANUARY 20, 1996, THE CITY CQUNCIL SHALL. AUTHORTZE. BQNDS TO BUILD SUCH 1 FACILYTY ONLY IF A MAJORITY OF THE VOTERS SHA:GL SO STATE IN A DULY CALLED ELECTION FOR THE PURPOSE OF THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE STATED PURPOSE WITH AN AMENDMENT TO STATE "ANY" TNSTEAD OF GENERAL OBLIGATION BONDS. SECONDED BY COUNCILMEMBER AUSTION. MOTION FAILED WITH MA`.tOR NEWMAN AND COUNCILMEMBERS HAJECATE., MANISON, AND MEASELES OPPOSED. ***COUNCILMEMBER MANISON MOVED TO SUE3STITUTE WORDING FOR RESO3 UTION R96-3 TO STATE, A RESOLUTION OF THE CITY OF F12IENDSWOOD, TEXAS, IF PRO:POSITION ONE IS APPROVED BY A MAJORITY OF THE VOTEhS CASTING A B.ALLOT IN Z'HE JANUARY 20, 1996 ELECTTQN, THE CITY COUNCIL SHAL.L NOT AUTHORIZE BONDS TO BUILD THE PARK WITHOUT HOLDING AT LEAST TWO PUBLI:C HEARINGS ON T.HE ISSUE FOR THE PURPOSE OF GATHERING TNF'ORMATION AND CONCERNS FROM THE PUBLIC THE PARK BOARD AND THE CITY STAFF. SECONDED B'Y COUNCI MBER MEASELES. THE MOTION PASSED WITH COUNCSLMEMBERS LOWE, DICKEY, AND AUSTIN OPPOSED. **COUNCILMEMBER MANISON MOVED TO APPF OVE ORDINANCE T95-36, SECQND READING OF AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING THE ZONING RDINANGE OF THE CITY, BY D LE TNG THE DEFINITION OF "CHTLD CARE CEN'.L'ER" CONTAINED IN SECTION 20 THEREOF AN D SUBSTITUTING THEREFOR A NEW DEFINITION FOR "CHILU CARE CENTER"; PROVIDINC THA.T A °CHILD CARE CENTER" INCLiIDES USES APTD FACILITIES WHICF COMPL'Y' WITH STATE REGULATIONS APPLICABLE. TO HOME CARE FACILITIES FOR CHILDREN UNDER THE AGE OF SIXTEEN (16) YEARS; PROVIDING EXCEPTIONS; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF' VIOLATION OF ANY PROVIS:CON HEREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCZLMEMBER HAJECATE. THE MOTION PASSED UNANIMOCJSLY. *COUNCILMEMBER MEASELES MOVED TO AF PROVE THE CONSENT AGENDA AS PRESENTED: A) PAYMENT OF CAPITAL PROJECTS; 1. 1992 STREET TMPROVEMENT PROGRAM (GALVESTON COUNTY) WITH PAYMENT TO CULF COAST LIMESTQNE, INC. FOR 432 TONS OF LIMESTONE US D DURING THE THIRD PHASE OF CONSTRUCTION ON MELODY LANE, IN THE AMOUNTS OF $1,277.34, $1,305.40, $1,334.56 AND $1,349.32,, RESPECTIVEI,Y; i i 825 2. 1995 GONCRET]? STREET IMPROVEMENT PROC,RAM WITH PAYMENT IN THE AMOUNT OF' $537.00 TO MCBFtIDE-RATCLIF`F & ASSOCIATES, INC. FOR CONSTRIICTION MA'I`ERIAT� TESTING SERVICE� ON HERITAGE; 3. 1995 STREET IMPROVEMENT PROGRAM (GALVESTON COUNTY} WITH PAYMENT TO GALVESTON COUNTY FOR LABOR AND EQUIPMENT USED FOR CONSTRUCTION ON MOORE ROAD FROM FM 528 TU B12AZORIA COUNTY LINE IN THE AMOUNT OF $7,633.12, AND OAK DRIVE FROM FM 518 TO AIRLINE DRIVE IN THE AMOUNT OF $3,004.50; 4. PHASE II LIBFtARY RENOVAT:LONS WITH PAYMENT TO HALL/MERRIMAN ARCHITECTS FOR PHASE II ARCHITECTURAL SERVICES AND REIMBURSABLE EXPENSES IN THE AMOUNT OF $2,535 AND $49.08, RESPECTIVELY DURING DECEMBEI2 1995, ADDITIONAL SERVICES ARE 90 PERCENT COMPLETE; 5. NEW CITY HALL WITH PAYMENT �- TO HIDELL ARCHIZ'ECTS FOR ARCHITECTURAL SERVICE5 AND REIMBURSABLE EXPEN�ES IN THE AMOUNTS OF $480 AND $28.73, RESPECTIVELY DURING NOVEMBER; 6. RANCHO �, VIEJO SANITARY SEWER AND LIFT STATION WITH FIRST PAYMENT TO WAYNE SMITH & ' ASSOCIATES FOR DESIGN ENGINEERING ON SEGMEttTS A, B, C AND D OF THE RANCHO VIEJO SANITARY SEWER AND LIFT STATION DURIN� NOVEMBER IN THE AMOUNT OF $15,034.50, THE PREL.IMINARY PHASE IS 30 PERCENT COMPLETE AND THIS PROJECT IS FUNDED FROM 1995 CERTIFICATE OF OBLIGATION PROCEEI)S AND FIRST PAYMENT TO BROWN & GAY ENGINEER5, INC. FOR DESIGN ENGINEERING ON SEGMENT E OF THE RANCHO VIEJO SANITARY SEWERAND LIF'T STATT.ON THFtQUGH DECEMBER 15, 1995 IN THE AMOUNT OF $6,364.98; 7. SOUTH FRIENDSWOOD WASTEWATER DIVERSIONS W�TH THIRD I PAYMENT TO UTICQN, INC. FOR CONSTRUCTION OF THE SQUTH FRIENDSWOOD WASTEWATER DIVERSION DURING DECEMBER IN THE AMOUNT OF $30,243.06, THE PROJECT IS 82 PERCENT COMPLET:E AND THIS PROJECT IS FUNDED FROM 1995 CER�'IFICATE OF OBLIGATION PROCEEDS, AND THIRTEENTH PAYMENT TO WAYNE SMITH & ASSOCIATES FOR DESIGN ENGINEERING ON SOUTH F'RIENDSWOOD WASTEWATER DIVERSION PROJECT DURING NOVEMBER IN THE AMOUNT OF $8,473.89 AND DESIGN ENGINEERING AND CONSULTING SERVICES ARE 10(J PERCENT COMPLETE.; 8. FOREST BEND LIFT STATION FORCE MAIN WITH FIFTH PAYMENT TO WAYNE SMITH & ASSOCIATES. FOR ENGINEERING SERVICES ON FOREST BEND LIFT STATION FORCE MAIN DURING NOVEMBER, THE CONSTRUCTION PHASE I5 15 PERCENT CQMPLETE AND THIS PROJECT I5 FUNDED FROM 1995 CERTIFICATE OF 0$LIGATIONS PROCEEDS. TOTAL CONSENT AGENDA PAYMENT AR� $79,875.48. B) DISPOSITION OF BID N0. 95-17, 1996 WATER AND SEWER SUPPI,IES; C. MINUTES F120M DECEMBER 4 AND 18, 1995 COUNCIL MEETINGS. A MOTION WAS MAD:E AND APPROVED TO ADJOURN AT 10:15 P.M. �.,I ' Xo � � MAYOR E LYN B. EWMAN ATTEST: � � K DELOR S MCKENZIE, TRM CITY SECRETARY