HomeMy WebLinkAboutCC Minutes 1997-10-20 Regular 1189
STATE OF TEXAS
CITY' OF FRIENDSWQOD
COUNTIES OF GALVESTON/HARRIS
OCTOBER 20, 1997
MINUTES OF A REC�ULAR MEETING OF THE FRTE�NDSWOOD CITY COUNCIL THAT WAS HELD
ON MONDAY, OCTOBER 20, 1997, AT 7:00 P.M. AT FRIENDSWOOD CITY HALL COTJNCIL
CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING
PRESENT CONSTITU7'ING A QUORUM:
� �' M�1YOR HAROLD L. WHITAKER
M.z1YOR PRO TEM ALINE DICKEY
: CGUNC2LMENlBER KITTEN HAJECATE
COUNCILMEMBER JERRY ERICSSON
COUNCILMEMBER TOM MANISON
COUNCILMEMBER. MEL AUSTIN
COUNCILMEMBER MEL MEASELES
CI:TY ATTORNEY KIM MICKELSON
CI:TY MANAGER RON COX
CI:TY SECRETARY DELORIS MCKENZIE
MAYOR 4VHITAKER CALLED THE MEETING TO ORDER.
� THE TNV'OCATION WAS GIVEN BY ASSOCIA'I'E MTNISTER MIKE ROSS REPRESENTING THE
CHURCH OF CHRIST.
MAYOR WHITAKER LED THE PLEDGE OF ALLEGIANCE TO THE STATE OF TEXAS AND TO TEiE
UNITED STATES. i
MAYOR WHITAKER AND BILL FINGER, CHA2R OF THE PLANNING AND ZONING COMMISSION,
CALLED A JOINT DOCKETED PLTBLIC HEARING TO ORDER TO RECEIVE COMMENTS EITHER
ORAL OR WRITTEN R.EGARDING THE FOLLOWING:
ZONE CLA.SSIFICATION CHANGE AT 111 E. EDGEWOOD FROM SINGLE FAMILY
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RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL.
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� MR. AL LENTZ, OF' LENTZ ENGINEERING, APPE�ARED BEFORE COUNCIL AND ASKED FOR
I APPROVAL FOR THIS REZONING.
MR. DAVID O'FAR:REL, 331 E. PARICWOOD, AGENT REPRESENTING THE PROPERTY,
APPEARED BEFORE COUNCIL AND ASKED FOR APPROVAL FOR THIS PROPERTY.
MR. TOM MALONEY, OWNER OF BIKE-PRO ACRGSS THE STREET FROM THE PROPERTY,
APPEARED BEFORE COUNCIL AND EXPRESSEA HIS CONCERNS WITH PRESERVING THE TREES
AND SUGGESTED TIiAT A PLANNED UNIT DEVELOI?MENT (PUD) CATEGORY WOULD BE MORE
APFROPRIATE.
HE.ARING NO FURTHER COMMENTS, THIS PORTION OF THE PUBLIC HEARING WAS CLOSED. '
MAYOR WHITAKER AND BTLL FINGER, CHAIR OF THE PLANNING AND ZONING COMMISSION, '
CALLED A JOINT DOCKETED -PUBLIC HEARING TO ORDER TO RECEIVE COMMENTS �ITHER
ORAL OR WRITTEN R:EGARDING THE FOLLOWING:
ZONE CLASSIFICATION CHANGE AT 200 BLOCK OF E. EDGEWOOD FROM OFFICE
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(�' PARK DISTRICT (OPD) TO PLANNED UNIT DEVELOPMENT (PUD) .
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V".; MR, AL LENTZ, OF LENTZ ENGINEER2NG, AND AGENT FOR THE PROPERTY AND EXPLAINED
THAT THE BACK PORTION OF THE PROPERTY IS A PROPOSED PRINTING CC>MPANY.
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` MS. JANICE FRANKIE, FROM F.M. 2351 AND IMPERIAL ESTAT�S, APPEAR.ED BEFORE
� COUNCIL AND EXPRESSED HER CONCERNS REGARDING THE PROPER.TY AND ALSO EXPRESSED
HER APPRECIATION TO THE MAYOR, CnUNCIL, AND THE PLANNING AND ZONING
COMMISSION FOR TH�IR EFFORTS TO MAINT7�IN THE LOOK OF THE PROPEF2TY.
�� HEARING NO FURTHER COMMENTS, THE PUBL:IC HEARING WAS CLOSED.
# COUNCILMEMBER MEASELES REPORTED ON AZ'TENDING THE PLANNING �1ND ZONING MEETING
� .��._.
AND WORKING ON THE CIP FOR THE PUBLIC HEARING TO BE HELD NOVEMBER 17, STATED
�` HE REVIEWED THE SIGN ORDINANCE, RECEIVED CORRESPONDENCE FROM THIRD GRADERS
�' FROM WESTWOOD ELEMENTARX REGARDING TFtEES, AND READ SEVERAL LE�TTERS FROM THE
�'
S�'UDENTS REGARDING "CLEAR CUTTING" OF TREES.
�.t� COUNCILMEMBER DICKEY REPORTED ON ATTENDTNG THE PARKS AND RECREATION BOARD
"� MEETING ON OCTOBER 9 AND TFiAT A RECOMMENDATION WAS MADE ON THE CONTRACT WITH
FISD AND THE CITY REGAR.DING CENTENNIAL PARK, ATTENDED A WORKSHOP ON
HAZARAOi7S MATERIAL f20UTES, MET TODAY V7ITH THE PARKS AND RECREATION' BOARD AND
�;' STATED THAT THE CITY ATTORNEY IS WORKING ON A PARKS DEDICATION ORDINANCE IN
ORDER THAT FUTURE PARKS MAY BE DFVELOPED BY DEVELOPERS OF T�IE PROPERTY AND
�` MAINTATNED BY THE HOMEOWNERS ASSOCIATION.
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�� COLTNCILMEMBER AUSTIN REPORTED ON ATTENDING THE CLEAR CREEK DRAINAGE DISTR�CT
MEETING DURING WIiTCH A 33 ACRE DETENTION POND AND PARK SITE WAS DISCUSSED,
; ATTENDED THE PLANNING AND ZONING MEETING, THE BRIO SITE ADVISORY GROUP
�� MEETING, AND A MEETING REGARDING THE RE-ROUTING OL' MUD GULLY.
� COUNCILMEMBER MANISON REPORTED ON ATTENDING THE STATE MEETING OF THE SOIL
. AND AND CONSERVATION DISTRICT AND STATED THEIR GOAL IS EDUCATION, ATTENDED
; THE HARRIS COLTNTY MAYOR.S AND COUNCIL'S ASSOCIATION (HCM&C) MEETING, THE
I• HOUSTON/GALVESTON AREA COUNCTL (H-GAC) MEETING AND STATED TIi��T THEIR BUDGET I
� FOR 1998 IS $1.56 MILLION. !
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g COUNCILMEMBER ERICSSON REPORTED ON ATTENDING THE H.C.M.& C. MEETING WHERE
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�,, D12. JACK CHRISTY, CHATRMAN OF THE STATE BOAR.D OF EDUCATION, SPOKE ABOUT THE
COST OF TEXTBOOKS AND REPLACEMENTS, ATTENDED THE PARKS & RPCREATTON BOARD
�a; . MEETING AND EXPRESSED CONCERN REGARDING THE CENTENNIAL PARK AND FISD
k` CONTRACT, AND ATTENDED THE CLEAR ]�AKE AREA TRANSPORTATION MEE'TING WHERE FREE
TRANSPORTATTON TO BAYBROOK MALL WAS DISCUSSED.
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': COUNCILMEMBER HAJECATE REPORTED ON ATTENDING THE TEXAS MUNICIPAL CLERKS SALT
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GRASS CHAPTER BANQUET WHERE CITY SECRETAR.Y DELORIS MCKENZIE WAS HONORED FOR
BETNG NAMED 1997 MLJNTCIPAL CLERK OF THE YEAR, ATTENDED THE PRAYER BREAKFAST,
REMINDED EVERYONE OF THE AMERICAN CANCER SOCIETY'S HEART WALK AND URGED
EVERYONE TO PARTICIPATE, AND R.EMINDED EVERYONE OF THE CONSTITUTIONAL
'Sr AN[ENDMENTS ELECTION THAT WILL BE HE�LD ON NOVEMBER 4 AND UR(3ED EVERY'ONE TO
�'� VOTE.
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�"` MAYOR WHITAKER REPORTED ON ATTENDED "ONE NATION UNDER GOD" MEETING THAT WAS
�� HELD AT VILLAGE ON THE PARK, ATTENDED THE FIRE DEPARTMENT OPEN HOUSE AND
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REPORTED THAT THERE WAS A GOOD TURN OUT. MAYOR WHITAKER ALSO STAT�D THAT
DURING THE MEETIIJG THAT WAS HELD OCTOBER 6, COUNCILMEM$ER AUSTIN COMMENTED
THAT HE HAD A C0:[�FLICT OF INTEREST WITH T7NION CARBIDE AND REPLIED THAT THIS
STATEMENT WAS EX'.PREMELY INACCURATE, TOTALLY WITHOUT BASIS, AND THAT HE HAS
HAD NO RELATIONSIiTP WITH, UNION CARBIDE SINCE 1992 . HE FURTHER STATED THAT
HE HAD NOT RECEIVED ANY COMPENSATION, NOT DOES HE HAVE ANY INTEREST IN UNION
CARBIDE AND THAT HE HOPES IN THE FUTURE THAT A MORE THOROUGH EXAMINATION
WOULD BE MADE BEFORE QUESTIONS WERE ASKED IN A PUBLIC MEETING. MAYOR
WHITAKER ALSO �iTATED THAT ALL MEMBERS OF fiHE COUNCIL APPROVED THE
,._._� LEADERSHIP, PHILUSOPHY AND GOALS AND ENCUURAGED EACH MEMBER OF THE COUNCTL
' � TO RE-DEDICATE TO THESE PRINCTPLES.
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� MR. CHAIZLIE ORGPN, A MEMBER OF THE COMMUN'ITY APPEAf2ANCE BOARD, APPEARED
BEFORE COUNCIL TO PRESENT THE AWARD OF THE BUSINESS YEAR OF THE MONTH FOR
OCTOBER TO MINUARELLI'S RESTAURANT ON S. FRIENDSWOOD DRIVE, REMINAED
EVERYONE THAT SATURDAY WAS "MAKE R DIFFERENCE DAY" WHERE VOLUNTEERS HELP
THQSE WHO CFINNOT MAINTAIN THEIR HOMES AND NEED HELP FROM THE COMMUNITY.
MR. FRANK WEBB, 207 STONEHENGE, APPEAREI� BEFORE COUNCIL AND EXPRESSED IiIS
OPPOSTTION TO THE TREE ORDINANCE AND STATED TT IS OKAY TO ENFORCE CUTTING OF
TREES WHEN IT INCIOLVED TREE LIMBS OVERHANGING THE STREETS BUT THAT THE CITY
HAS NO RIGHT TO TELL CITIZENS WHAT KIND OF TREES TO PLANT.
MR. LARRY BROWN, 1010 MUSTANG, APPEARED BEFORE COUNCIL AND ASKED ABOUT THE
CLEANUP ON MUSTANG ROAD, WHAT ACTION THE POLICE DEPARTMENT WILL TAKE THE
NEXT TTME REGARDTNG THE GRAFFITT, AND STATED THAT THIS SHOULD NOT BE ALLOWED
TO CONTINUE, THAT. THIS WAS DISTURBING THE PEACE, AND HAS ASKED CONTINUOUSLY
FOR A MONITOR WHEN KTDS LEAVE SCHOOL AND WAS SURPRISED THAT SOMETHING LfKE
THIS DIDN'T HAPPEN SOONER.
COUNCILMEMBER DI(,KEY ASKED IF KIDS ARE STILL CONGREGATING WITH MR. BROWN
RESPONDING YES.
MR. CLAYTON STEPI�ENS, 407 N. CLEAR CREEK vRIVE, APPEARED BEFORE COUNCIL AND
�-, STATED THAT HE LISTENED TO THE TAPE OF TFiE OCTOBER 6TH COUNCIL MEETING AND
WAS APPALLED BY THE ATTACK ON FOUR HIGH'LY RESPECTED CITIZENS AND RESENTED
COUNCILMEMBER AUSTIN ASKING THE CITY ATTORNEY FOR CRITERIA FOR CITING
CONFLTCT OF INTI3REST REGARDTNG PROPERTY LOCATTON TO TfiE PROPOSED EXXON
PIPELINE.
MS. JANICE FRANKIE, 102 IMPERIAL, APPEARED BEFORE COUNCIL REGARDING THE
CLEAR CREEK CORP OF ENGTNEER PROGRAM .AND HER CONCERNS THAT THE CITY IS NOT
PROMOTIN'G THE PFtOJECT.
MS. MARY ELLEN F3RENNAN, 912 OAK VISTA COURT, APPEARED BEFORE COUNCIL AND
STATED THAT REGARDING THE OCTOBER 6TH COUNCIL MEETING, SHE READ THE ,
NEWSPAPER AND LISTENED TO THE TAPE AND THAT THE ACTIONS BY COUNCILMEMBER ,
AUSTIN WERE AN AF'FRONT TO THE CITIZENS, AND THAT DURING COUNCIL'S RETREAT IN I
AUGUST, 1997, TFiE COUNCTL UNANIMOUSLY ADOPTED A COUNCIL PHILOSOPHY, AND �,
DURING THE OCTOI3ER 6 MEETING, THE ACTT.ONS AID NOT REFLECT THE COUNCIL
PHILOSOPHX AND A:3KED COUNCIL THAT BEFORE MEETINGS, READ AND REFLECT ON THE
COUNCTL PHILOSOPHY.
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MR. HARLESS BENTHEL, 1203 WILDERNESS PINES DRIVE, APPEARED BEFORE COUNCIL
REGARDING THE OCTOBER 6 COUNCIL MEETING AND TQ EXPRESS HIS CONCERNS OF THE
ACTIONS OF COUNCIL.
MS. MARGARET LIMMER, 1706 FALCON RIDGE, APPEARED BEFORE COUNCIL TO EXPRESS
HER CONCERNS WITH THE WAYS SOME MEMBERS OF COUNCIL CONDUCT THEMSELVES AT
COUNCIL MEETINGS.
MR. DAVID ALLEN, 214 INWOOD, APPEARED BEFORE COUNCIL TO EXPRESS HIS CONCERNS
REGARDING THE TREE ORDINANCE THAT WAS PRESENTED AND THE $2,000 FINE.
CITY MANAGER COX REPORTED ON THE TEXAS-NEW MEXICO SECTION 42 AND THAT
REED-STOWE & COMPANY HAVE COMPLETED THEIR REPORT AND SUBMITTED THEIR
RECOMMENDATIONS TO THE GULF COAST COALITION OF CITIES (GCCC) FOR REVIEW.
MR. COX ALSO EXPRESSED HIS APPRECIATION TO POLICE CHIEF JARED STOUT FOR
ACKNOWLEDGING THE NEEDS OF THE COMMUNITY, THAT CHIEF STOUT BELIEVES THEY
HAVE THE SUSPECT IN THE LAURA SMITHERS CASE.
CITY ATTORNEY KIM MICKELSON STATED THERE WERE TWO OPINIONS REQUESTED BY
COUNCIL AT THE OCTOBER 6, 1997 MEETING. THE FIRST OPINION ON SUPER-MAJORITY
VOTING REQUIREMENTS IS BRIEF AND SELF-EXPLANATORY ESSENTIALLY WHAT SHE
STATED AT THAT MEETTNG WAS THAT AS THE CITY'S ORDINANCES ARE PRESENTLY
WRITTEN, A SIMPLE MAJORITY VOTE WOULD BE REQUIRED TO OVERTURN A DENIAL OR
NEGATIVE RECOMMENDATION OF A PROPOSED CHANGE TO A REGULATION BOUNDARY MADE
BY THE PLANNING AND ZONING COMMISSION. THE DENIAL OR NEGATIVE
RECOMMENDATION IS WHAT TS BROUGHT BEFORE CITY COUNCIL FOR ITS CONSIDERATION
AND ACTION. CONSIDERATION OF THE RECOMMENDATION DOES N0T CONSTITUTE A
CHANGE TO A ZONING REGULATION OR BOUNDARY, WHICH MUST BE EFFECTUATED BY
ORDINANCE, AND WHICH WOULD INVOKE THE SUPER-MAJORITY VOTING REQUIREMENT WHEN
SUCH A CHANGE IS PROTESTED IN THE MANNER PROVIDED FOR BY THE LOCAL
GOVERNMENT CODE. THE CITY OF FRIENDSWOOD CODE OR ORDINANCES DOES NOT
PROVIDE FOR A SUPER-MAJORITY VOTE OF CITY COUNCIL IN THE EVENT A
RECOMMENDATION OF DENIAL FOR A ZONING REGULATION OR BOUNDARY CHANGE IS
RECEIVED FROM THE PLANNING AND ZONING COMMISSION.
THE SECOND OPINION IS ON THE QUESTIONS RAISED REGARDING A CONFLICT OF
INTEREST IN' THE EXXON PIPELINE COMPANY SPECIFIC USE PERMIT APPLICATION • .__J
PROCESS. PORTIONS OF TIiE OPINION STATED SPECTFIC ALLEGATIONS OF CONFLICT OF
INTEREST WERE MADE BY COUNCILMEMBER AUSTIN ON OCTOBER 6, 1997 AGAINST MAYOR t?
WHTTAKER, COUNCILMEMBER HAJECATE, AND COUNCILMEMBER MANISON FOLLOWING THE
VOTE ON THE AGENDA ITEM CONSIDERING THE NEGATIVE RECOMMENDATION BY PLANNING
AND ZONING COMMISSION ON THE EXXON SPECIFIC USE PERMIT APPLICATION.
BEGINNING WITH MAYOR WHITAKER, COUNCILMEMBER AUSTIN ALLEGED THAT MAYOR
WHITAKER RECEIVED MORE THAN TEN PERCENT OF HIS INCOME I1V 1996 FROM A
BUSINESS ENTITY (UNION CARBIDE) WHICH HAS SOME BUSINESS RELATIONSHIP TO AN
EXXON CORPORATE ENTITY (EXXON CORPORATION CHEMICAL COMPANY), AND WHICH
OSTENSIBLY STOOD TO GAIN, OR RECFIVE A SPECIFIC ECONOMIC EFFECT FROM
COUNCIL'S ACTION, THEREBY CREATING A CONFLICT OF INTEREST FOR THE MAYOR.
MAYOR WHITAKER RETIRED IN 1997 FROM PRAXAIR, WHICH WAS FORMERLY THE
INDUSTRIAL GAS DIVISION OF UNION CARBIDE, BUT WHICH BECAME A TOTALLY
SEPARATE CORPORATION FROM UNION CARBIDE IN A BUYOUT IN 1991. IN 1996, HE
RECEIVED SALARY AND BENEFITS FROM PRAXAIR, WHICH DID CONSTITUTE MORE THAN
TEN PERCENT OF HIS GROSS INCOME FOR THAT YEAR. HOWEVER, SINCE PRAXAIR WAS
NOT A COMPANY WHO WAS APPLYING FOR, OR WHICH, BASED ON AVAILABLE
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• INFORMATION, WOULD BE IN ANYWAY LIKELY TO GAIN FROM ACTION ON THE EXXON
SPECIFIC USE PE]RMZT AGENDA ITEM, THIS WOULD NOT APPEAR TO CONSTITUTE A
CONFLICT UNDEF2 THE LANGUAGE OF THE STATUTE OF THE FRIENDSWOOD CODE.
PORTIONS OF THF; OPINION FURTHER STATED, "COUNCILMEMBER AUSTIN ALLEGES
COUNCILMEMBER HA�TECATE AND COUNCILMEMBER MANISON ACTON ON THE RECOMMENDATION
REGARDING EXXON :iPECIFIC USE PERM2T APPLI�'ATION WOULD STAND TQ BENEFIT THEIR
PERSONAL PROPERT][ES. THESE PROPERTIES ARE LOCATED NEAR, OR HAVE TRAVERSING
THEM, THE EXTSTING 16" PIPELINE, AND EXXON HAS OFFERED, AS A CONDITION OF
APPROVRL FOR ITS SPECIFIC USE PERMIT, THAT TT WOULD AGREE TO CERTAIN
' LIMITATIONS ON T]3E FUTURE USE OF THIS OLD LINE. THE TEST WHICH MUST BE MET
HERE TO ARGUABLY CONSTITUTE A CONFLICT OF' INTEREST IS WHETHER ACTION ON THE
� APPLICATION WOUL� BE "REASONABLY FORESEEABLE" TO HAVE A "SPECIAL ECONOMIC
� EFFECT" ON THESE PROPERTIES WHICH IS "DIS'.CINGUISHABLE FROM THE PUBLIC" . THE
INTIMATION BY COUNCILMEMBER AUSTIN WAS THAT COUNCILMEMBERS HAJECATE AND
MANISON COULD NO'I' VOTE FOR A RELOCATION OF THE PIPELINE USE, BECAUSE THEIR
PROPERTY WOULD BE� DIFFERENT FROM THE EFFE(�T ON THE PUBLIC. SINCE THE ZONING
ORDTNANCE AND PROPOSED CONDITION WAS NOT BEFORE COUNCIL, AND THERE WAS
THEREFORE NO IND:CCATION THAT SUCH A CONDITION WOULD BE ACCEPTED BY COUNCIL,
TT IS NOT CLEAR l?ROM THE RECORD THAT IT IS "REASONABLY FORESEEABLE" THAT ANY
BENEFIT WOULD ACCRUE TO COUNCILMEMBERS HAJECATE'S AND MANISON'S PROPERTIES
DIFFERENT FROM OTHER CITIZENS' PROPERTIES, BY A VOTE ON THE PROCEDURAL ITEM
BEFORE COUNCIL. COUNCILMEMBERS HAJECATE'S AND MANISON'S VOTES WOULD NOT
APPEAR TO MEET THE TEXT OF THE STATUTE AND THE FRIENDSWOOD ETHICS CODE FOR
THE EXISTENCE OF A CONFLICT. THE RECOMMENDATION OF THE PLANNING AND ZONING
COMMISSION WAS UPHELD BY A UNANIMOUS VOTE OF TH$ CITY COUNCIL. IF ALL THREE
COUNCILMEMBERS AC�AINST WHOM THE ALLEGATION OF CONFLICT WAS MADE WERE TO1.BE
FOUND BY A COURT TO HAVE VIOLATED THE STATE AND CITY REGULATIONS, THE ACT10N
STILL WOULD HAVE; PASSED BY A VOTE OF 4-0, AND THE ACTION WOULD NOT BE
VOIDABLE UNDER TIHIS PROVISION OF THE STA'TUTE. A FINDING OF CONFLICT BY A
COURT WOULD HAVE NO EFFECT ON THE CITY'S ACTION OR OCTOBER 6, 1997,
UPHOLDING THE PLANNING AND ZONING COMMISSION'S RECOMMENDATION TO DENY
EXXON'S SPECIFIC USE PERMIT APPLICATION. "
, COUNCILMEMBER HAJECATE STATED THAT SHE UNDERSTOOD THAT APPk20XIMATELY $1, 500
� WAS INCURRED FOR THE PREPRRATION OF THI,S OPINION AND THAT IN THE FUTURE
WOULD APPRECIATE COUNCIL BEING AWARE OF THE FACTS BEFORE REQUESTING AN
� OPINION.
COUNCIT,MEMBER ER2CSSON SPOKE REGARDING MUSTANG DR2VE AND STATED THAT IT IS
TIME FOR. CLOSURE AND CLEANUP AND STATED THAT REGARDING THE CITY PUBLICIZING
THE CLEAR CREEK FLOOD PROJECT, THE CITY MAY HAVE BEEN LAX GETTING THE WORD
OUT AND THAT THE NEXT MEETING WILL BE NOVEMBER 11, AND THAT THE PHONE LINES
ARE STILL OPEN, WILL ATTEND THE OCTOBER 29 STEERING COMMITTEE MEETING AND
THAT THE CITY MAX PUT A SYNOPSIS TOGETHER TO GET THE INFORMATION OUT TO THE
PUBLIC.
COUNCILMEMBER AY.TSTIN, REGARDING THE CONFLICT OF INTEREST, STATED
UNFORTUNATELY THE OPTNION FROM THE CITY AT'TORNEY DID NOT ANSWER THE QUESTION
AND THAT THE STATEMENTS ARE NOT CLEAR, AND WOULD LIKE THE CITY ATTORNEY TO
REVIEW JOINT VENTURES REGARDING PRAX AIR AND EXXON, AND STATED THEREIN LIES
THE CONFLICT.
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MAYOR WHITAKER STATED HE HAS NO CQNFL'ICT WITH EXXON AND PRAX AIR AND STA'I'ED
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TF COUNCILMEMBER AUSTIN HAS EVIDENCE 7'0 THAT FACT, TO SHOW HIM.
f COUNCILMEMBER AUSTIN PRESENTED INFORMATION REGARDING A JOIN'I' VENTURE WITH
EXXON AND PRAX AIR IN APRIL, 1997.
� COUNCTLMEMBER DICKEY STATED SHE QUESTIONED MR. BROWN'S STATEMENT REGARDING
MUSTANG DRIVE AND ASKED IF THE CITY HAS STEPPED UP PATROLLING MUSTANG WITH
CTTY MANAGER COX STATING YES, SINCE THE INCIDENCE AND WAS NOT AWARE OF A NEW
' INCIDENCE, THAT HE HAS NOT MET WITH STUDENTS INVOLVED, BUT AGREED THAT THEY
PROaABLY NEED TO MEET AGAIN. �
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MAXOR WHITAKER STATED THAT THEY NEED TO ADD CLEAN UP AS SOON AS POSSIBLE AND '
�; SUGGESTED THE PARENTS, STUDENTS AND SCHOOL WORK TOGETHER FOR CI�OSURE. �`��
�� COUNCILMEMBER DICKEY ASKED IF THE SCHOOL COULD HELP FINANCSALL`l WITH THE
ti'.
CLEAN LTP WITH MAYOR WHITAKER RESPONDING THAT THIS INCIDENT DII) NOT HAPPEN ON
SCHOOL GROUNDS OR DI7RING SCHOOL HOCJRS BUT THAT THE SCHOOL COULD PROVIDE
COUNSELING. COUNCII,MEMBER DICKEY STATED THAT CONDONING ANYONE BREAKING THE
LAW IS A FORM OF HAR.ASSMENT, AND SUGGESTED THAT THE STUDENTS AND THE POLICE
� OFFICER THAT WATCHED PAY FOR THE CLEPNUP.
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�- COUNCILMEMBER HAJECATE ASKED ABOUT THE FLASHING LIGHT AT THE SCHOOL ON LINK
�" ROAD WITH THE CITY MANAGER ADVISING Fi7NDS AR.E AVAILABLE AND Z.'HE LIGHT IS ON
ORDER AND WILL BE INSTALLED.
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�. COUNCILMEMBER DICKEY ASKED ABOUT WHEN AR.E THE FUNDS FROM HARRTS COUNTY FINES
RECEIVED , WITH CITY MANAGER COX RESPONDING ABOUT THE FIF2S�' OF THE YEAR.
� COUNCILMEMBER DICKEY ASKED ABOUT THE BICYCLE LANE ON SUNSET 7'HAT WAS IN THE
� NEWSLETTER WITH CITY MANAGER COX ADV2SING THAT THIS WAS NOT FUNDED AND
APOLOGIZED FOR TEiIS MISINFORMATION. COUNCILMEMBER DICKEY ALSO ASKED ABOUT
'' THE MAYOR'S STATEMENTS IN TFiE NEWSLETTER THAT BY THE YEAR 2, 000 THE
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�� POPITLATION WTLL BE 50,000 AND ASKED IF HE HAD A COMPREHEN'SIVF USE PLAN WTTH
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MAYOR WHITAKER RESPONDING HE WROTE THE AR.TICLE AND WHAT'S THE POINT.
r COUNCILMEMBER DICKEY STATED SHE $TILL HAS CONCERNS WITH THE LEGAL OPINION
r FROM THE CITY ATTORNEY REGARDING CONFLICT OF INTEREST ON THE :EXXON ISSUE AND
-� STATED TF COUNCILMEMBER AUSTIN DOES NOT REQUEST AN ATTORNEY GENERAL'S
�� OPINION TO CLEAR THE ISSUE ONCE AND FOR ALL, SHE WILL REQUEST IT. MAYOR � -
;' WHITAKER RE-STATED THAT HE DOES NOT HAVE A CONFLICT OF INTFREST REGARDING
s'< THE VOTE ON THE EXXON ISSUE.
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� COUNCILMEMBER MEASELES ASKED ABOUT THE RECYCLING SURVEY WITH CITY MANAGER
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L COX STATING THE BILLS WERE PRINTED THIS WEEKEND AND WILL BEGIN WITA THIS
;�
� BILLING CYCLE. COUNCILMEMBER MEASELES ASKED WHO WILL COUNT T:FIE REPLIES WITH
`: CITY MANAGER COX STATING HE DOES NOT KNOW BU'I' WILL HAVE THE QUESTIONS
DIRECTED TO COMMUN2TY SERVICES, WILL GIVE COPIES OF THE SUR�IEY QUESTION' TO
�� COUNCIL, SUGGESTED A PLAQUE OR MONTJMENT ON MUSTANG DRIVE F'OR THE STUDENT
� TIlAT DIED, WITH CITY MANAGER STATING THE JUNIOR CLASS IS TALKING ABOUT A
?� MONUMENT AND THAT MR. BROWN HAS PLANTED TREES AS A MONUMENT. COUNCILMEMBER
r MEASELES STATED WITH AS MUCH COMMUNITY ANGUISH AND STRESS, COUNCIL MAY WISH
� TO RECONSIDER REINSTATTNG THE COUNSFLING CENTER IN NEXT YEAR'S BUDGET.
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**COUNCILMEMBER DICKEY MOVED TO APPROVE THE REAPPOINTMENT OF ED DRISKILL,
DALE JONE5, JANIE HONEYCUTT, STUART WILLIAMS, AND PATSY YOKUM AND
APPOTNTMENT OF PAT GARNER AND JODIE WRIGHT TO THE PARKS AND RECREATION BOARD.
SECONDED BY COUNC'ILMEMBER HAJECATE. THE MOTION PASSED UNANIMOUSLY.
**COUNCILMEMBER HAJECATE MOVED TO APPROVE THE REAPPOINTMENT OF NIELS A.
AALUND AND APPO]:NTMENT OF TOMMY MCDONALD TO TAE FOURTH OF JULY STEERING
COMMITTEE.
SECONDED BY COUNCILMEMBER AUSTIN. THE MOTION PASSED UNANIMOUSLY.
" **COUNCILMEMBER AUSTTN MOVED TO APPROVE THE APPOINTMENT OF MARCY WINFREY TO
THE COMMUNITY APPEARANCE BOARD.
I SECONDED BY COUNCILMEMBER MAN2SON. THE MOTION PASSED UNANIMOUSLY.
**COUNCILMEMBER HAJECATE MOVED TO APPROVE THE REAPPOINTMENT OF MARVIN
HOLBROOK, ED SPE�LTS, AND BETTY DEGRANDE TO THE SENIOR CITIZENS ADVISORY
COMMITTEE.
SECONDED BY COUNCTLMEMBER MANISON. THE MOTION PASSED UNANIMOUSLY.
**COUNCILMEMBER MEASELES MOVED TO APPROVE THE REAPPOINTMENTS OF BARBARA
FAWCETT AND JOE TENNISON AS ALTERNATES TO THE BICYCLE ADVISORY COMMITTEE.
SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION PASSED UNANIMOUSLY.
**COUNCILMEMBER MEASELES MOVED TO APPROVE ORDINANCE 97-14, FIRST READING OR
AN ORDINANCE AMEI�TDING APPENDIX C OF THE FF2IENDSWOOD CITY CODE, SAID APPENDIX
C BEING CITY OF FRTENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS AMENDED
ORIGINALLY ADOPTI3D TE3E 19TH DAY OF NOVEMBER, 1984, AI�TD BEING THE ZONING
ORDINANCE OF THE CITY, BY REVISING SUBSECTION 1 OF SECTION 8 THEREOFiBY
ADDING R SENTENCE TO PARAGRAPH 1, BY INSERTING TWO NEW SENTENCES IMMEDIATELY
PRIOR TO THE LAST SENTENCE IN SUBPAR.AGRAPF3 a OF' PARAGRAPH 2, BY DELETING THE
FIRST SENTENCE OF SUBPAF2AGRAPH b OF PARAGRAPH 2 AND SUBSTITUTING THEREFOR A
NEW SUBPARAGRAPH b, BY STRIKING THE FOURTH SENTENCE OF THE SECOND PARAGRAPH
OF SUBPARAGRAPH c OF PAR.AGRAPH 2, AND SUBSTITUTING THEREFOR A NEW SECOND
SENTENCE, BY ADI�ING A NEW PARAGRAPH FOLLOWING THE FIRST PARAGRAPH OF
SUBPARAGRAPH C OF PARA.GR.APH 2, BY STRIKING THE SECOND SENTENCE OF THE LAST
r �` PARAGRAPH OF SUBPARAGRAPH c OF PARAGRAPH 2 .AND SUBSTITUTING THEREFOR A NEW
� SECOND SENTENCE, BY ADDING TO SUBPARAGRAPH d OF PARAGRAPH 2 A NEW PARAGRAPH,
'i BY DELETING SUBPI�RAGRAPH e OF PARAGRAPH 2 AND SUBSTITUTING THEREFOR A NEW
SUBPAR.AGRA.PH e AND BY ADDING TO PAR.AGRAPH 2 NEW SUBPARAGRAPHS f AND g;
PROVIDING FOR THE DEVEL�PMENT AND MAINTENANCE OF A LIST OF QUALIFIED THREES;
DELETING THE REQ'UIREMENTS FOR A TEN FOOT OPEN SPACE BUFFER STRIP BETWEEN
SINGLE FAMILY REaTDENTTAL USES AND COMMERCIAL/INDUSTRIAL OR MULTIPLE FAMILY
USES WHEN ESTABL]:SHMENT OF THE COMMERCIAL/INDUSTRIAL OR MULTIPLE FAMILY USE
PRECEEDS THE SINC�LE FAMILY RESIDENTIAL USE; PROVIDING FOR THE PLACEMENT OF
TREES ALONG THOROUGFiFARES; PROVIDING FOR THE MAINTENANCE PRUNING AND DUTY TO
TRIM TREES OVERHI�I�TGING RIGHTS OF WAY; PROVIDING OTHER MATTERS RELATING TO
TFiE 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 MEASELES.
***COUNCILMEMBER MEASELES MOVED TO AMEND ORDINANCE 97-14 WITEi AMENDMENTS AS
PRESENTED BY CITY ATTORNEY MICKELSON.
SECONDED BY COUNC:TLMEMBER AUSTIN. THE MOTION PASSED UNANIMOUSLY.
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!?;;, ****THE MAIN MOTION, AS AMENDED, PASSED UNANIMOUSLY.
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��'' **COUNCILMEMBER HAJECATE MOVED TO APPROVE THE CONSENT AGEND� AS PRESENTED
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WITH THE EXCEPTION OF ITEM B — DTSPOSITION OF BIDS, $:ID N0. 97-19,
;% JANITORTAL SERVICE — CITY HALL. �1. PAYMENT OF CAPITAL PROJECTS — 1.
�' MANHOLE REHABILITAT20N WITH THE SEVENTH PAXMENT IN THE AMOUNT OF $14,413 .90
TO D. E. WILLIAMS CONTRACTING COMPRNY FOR WALL SEALING 287 VE�RTICAL FEEL OF
i;, MANHOLES FROM AUGUST 15 THROUGH SEPTEMBER 4. THE PROJECT IS 88 PERCENT
,;.
COMPLETE WITH THE ADDITION OF A $13, 000 CHANGE ORDER. TOTAL CONSENT AGENDA
PAYMENT WAS $14,413 .90. C. APPROVE BANNER PERMIT APPLICATION FROM HERTTAGE
^ GARDENERS FOR THE CHRISTMAS HOME TOUR, NOVEMBER 17-23, 1997. D. PROPERTY
� TAX REPORT FOR THE MONTH OF SEPTEMBER 1997. E. MINUTES OF SEPTEMBER 15,
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18, AND 22 . __._
d; SECONDED BY COUNCILMEMBER MANISON. THE MOTION PASSED UNANIMOU�LY.
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�� **COUNCILMEMBER HAJECATE MOVED TO AWARD B2D 97-19, JANITOR=AL SERVICE—CITY
� HALL TO J&J SERVICES TN THE AMOUNT OF $17,200.
� SECONDED BY COUNCILMEMBER MANISON. THE MOTION PAS��ED 5-2 WITH
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COUNCILMEMBERS AUSTIN AND DICKEY OPPOSED.
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�t; MAYOR HAROLD L. WHITAKE
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i ATTEST:
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�' D LORIS MCKENZ , T C
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