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Home My WebLink AboutCC Minutes 1997-06-05 Special 1119 CITY OF FRIENDSWOOD ) ( STATE OF TEXA5 ) ( COUNTIES OF GAZVESTQN/HARRIS ) ( JUNE 5, 1997 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD Cl2'Y COUNCIL THAT WAS HELD ON THURSDAY, JUNE 5, 1997 AT 7:00 P.M. AT FRIENDSWOOD HIGH SCHOOL AUDITORIUM, 702 GREENBRIAR, FRIENDSWOOD, TEXAS WITH THE FOLLQWING PRESENT _ CONSTITUTING A QUORUM: MAYOR HAROLD L. WHITAI�R '� COUNCII,MEMBER KITTEN HAJECATE � COUNCILMEMBER JERRY ERICSSON COUNCILMEMBER TOM MANISON COUNCILMEMBER MEL AUSTIN COUNCII,MEMBER ALINE DICKEY COUNCILMEMBER MEL MEASELES CTTY ATTORNEY JQHN OLSON ATTORNEY BOB RIMA CTZ`Y MANAGER RON COX CITY SECRET.ARY DELORIS MCKENZIE MAYOR WF3ITAKER AND PLANNING AND ZONING CHAIR BILL FINGER CALLED THE PUBLIC HEARING TO ORDE:R TO RECEIVE COMMENTS EITHER ORAL OR WRITTEN, REGARDING A REQUEST BY EXXON PIPELINE COMPANY FOR A SPECIFIC USE PERMIT FOR A 50' PERMANENT PIPELTNE EASEMENT AND TEMPORARY CONSTRiICTION EASEMENT - TNITIAL USE IS NEW 16" E'rHANE TRANSMISSION PIPELINE. CHAIRMAN FINGER OUTLINED THE MEET.ING AGENDA. COMMISSIONER GLEN CRESS, DID NOT PARTICIPATE 1�UE TO POSSIBLE ECONOMIC IMPACT ON HIS PROPERTY. MR. GEORGE PERSYN, MANAGER, ENVIRONMENTAL REGULATORY AND OIMS COMPLIANCE �-T-.., DEPARTMENT, EXXON PIPELINE COMPANY (EPC) MAUE A PRESENTATTON REGARDING THE ' APPLICATION FOR .A SPECTFIC USE PERMIT THAT WAS SUSMITTED MARCH 27, 1997, THE' iRAILROAD COMMI:iSION'S DETERMINATION, MAPS, BACKGROUND ON STATISTICS � REGARDING AREAS OF EXISTING PIPELINES, PRfJJECT ISSUES, RESIDENTIAL SALES ANALYSIS, AND ORDINA.NCE REQUIRET�IENTS. MR. PERSYN INDICATED. SUPPLEMENTAL. DATA WILL BE PROVIDED FOR MAYOR AND CO'{JNCII� AND THE PLANNING AND ZONING MEMBERS. MR. LARRY HARLA'N, PUBLIC RELATIONS DEPARTMENT, EPC, MADE A PRESENTATION REGARDING A CHR�NOLOGIGAL REPdFtT ON THE EVENTS BEGINNING IN 1995 AND WITH THE MARCH, 1997 REQUEST FOR A SPECIFTC USE PERMIT FOR TRANSPORTING ETHANE THROUGH THE CITY. MR. ALBERT ALLEN, REAL ESTATE APPRAISER, PRESENTED TESTIMONY ON BEHALF OF EXXON REGARDING E2EAL ESTATE APPRAISALS, ��ALES ANAL�'SI'S, TAX BASE, MARKETING ANALYSIS, AND STATED HE FOUND NO EVIDENCE OF I�TEGATIVE IMPACT. MR. KERIE GILBEkT, LAND PLANNING, PRESEN'ITED TESTIMONY ON BEHALF OF' EXXON I REGARDING PIPELINES IN RESIDENTIAi; SUBDIVISIQNS, PRESENTED INFORMATTON ON PIPELINE STANDARDS, ON OPERATION AND MAINTENANCE, ON COMMONLY USED ROUTE �.-� � r;. .._�1... � I��_. .. , ;. .., , . .__.,. _ _,... . , ,..,.,tf,.,...T�-.e� 1120 aELECTION CRITERIA, REVIEWED THE PROPOSED PIPELINE RO�JTE, AND REPORTED 3 THREE HOMES WERE LOCATED LESS THAN 100 FEET FROM THE PROPOSED I,INE. MR. REED WILSON, ATTORNEY FOR EXXON, PRESENTED. INFORMATION ON ORDINANCE APPLICATION AND DISCUSSED LEGAL ISSUES WITH THE MAIN EMPHAS�S BEING EPC'S ETHANE LINE IS A COMMON CARRTER, ENGAGED IN INTERURBAN COMNg'sRCE, EPC HAS EMINENT DOMAIN AUTHORITY, EPC ASSER�S EXEMPTION �'RON! ZONING LAWS, SAFETY IS EXCZUSIVELY REGULATED BY TEXAS NATURAL RESOUReE AND CONSERVA�ION COMMISSION AND THIS PIPELTNE IS NO DIFFERENT FROr4 PRIOR PIPELINES IN FRIF�TDSWOOD. MR. GEORGE PERSYN CONCLUTIED EPC'S. PRI"sSENTATION WITH A SHORT V`IDEO OF ISSUEB AND ANSWERS. , MR. LARRY HARI,AN'S FINAL STATEMENT WAS THAT THIS PROPQSED ROUTE IS THE 4 SAFEST AND MOST LOGICAL PLACE TO PtJT THE PIPELINE. A BRIEF RECESS WAS HELD AT THIS TIME. THE MEETING RECONV'ENED AT 9:20 P.M. CTTY ATTORNEY JOHN OLSON MADE A BRIE:E STATEMENT THAT THE CITY' WILL HAVE TWO OUTSIDE CONSULTANTS, REAL ESTATE APPRAISER JOHN FOX WT�H FOX �ND BUBELA, DR. ROBERT FREILICH OF FREILICH, LEITNER & CARLISLE, AND CITY FIRF, MARSHAL TERRY BYRD MAKE PRESENTATIONS. MR. TERRY BYRD, CITY OF FRIENDSWOOD FIRE MARSHAL., PRESENTED INFOAMATI.ON � REGARDING THE CITY'S CAPABILITY �1F DEALING WITH ETHANE PIPE:GINE LEAKS AND STATED THAT FRIENDSWOOD VOI,UNTEER FIRE DEPARTMENT IS NOT EQUTPPED TO FIGHfi AN ETHANE FIRE. MR. JOHN' FOX, WITH FOX AND BiJBELA, REAL ESTATE AP�RAI:3EA, PRESENTED TESTIMONY ON BEHALF OF' THE CITY OF FRIENDSFTOOD REGARDING '�HE IMPACT QN RESID�NTIAL AREAS AND STATED THIS PROPOSED PIPELINE WOULD NEC�ATIVELY IMPACT VALUES OF PROPERTIES IN PROXIMITY OF THIS PTPELINE. DR. ROBERT F�EILICH OF FREILICH, LET'I'NER & CARLISLE, PLANNINC, At�TD LAW FIRM, ;I PRESENTED TESTIMONY ON BEHALF OF THE CITY OF FRIENI�SWOOD, REpORTEU ON THE ' QUAI�ITY OF LIFE DESIRED, PLAYERS INVOLVED IN THIS CASE BEING THE STA2'E OF TEXAS, THE RAILROAD COMMISSTON, THE CITY OF FRIENDSWOOD, AND EXXON PIPELINE COMPANY, AND STATED EXXON PIPELINE'S APPLICATION FOR SP]3CIFIC USE I5 INCOMPLETE AND LISTED NUNIEROUS ISSUES, REAU THE GALVESTON COUNTY COMMISSIONER'S COURT RESOLUTION SUPPORTING FRIENDSWOOD'S COIIlPLAINT TO THE RATLROAD COMMISSZON, PRESENTED INFORMATION qN A STATE LAW CASE WITH GROVES, STATED THE APPLICATION WAS NOT FI:GED CORRECTLY AND UI2GED TH� �ITY TO REJECT THE APPLICATION, DISCUSSED APPRAISALS OF PROPF.�TY VAL,UES AND ADJACENT VALUES, AND THE IMPACT ON GROWTH PATTERN. DR. FREILICH PRES]3NTED OVERHEADS REGARDING FUTURE DEVELOPMENTS, IMPACT TO FRIENDSWOOD, AND ExXON'S PARTICIPATION IN FUNDING FOR PUB:GIC SERVICES FOR NEW FACTLT_TIES GENERATED DUE TO THE PIPELINE. DR. FREILICH CONCLUDED HIS ST:ATEMENTS y+TITH AN ARTICLE REGARDING TRANSPORTATION CORRIDORS, URGED THE CITY TO LOOK A.T THE SPE.CIFIC USE PERMIT REQUIREMENTS IN THT' ZONING ORI7INANCE, UFt�ED TO DENY OR CONDITIONALLY APPROVE UNTIL ALL CONDITIONS ARE. MET SUCH AS WOULD THE PIPELINE BE COMPATIBLE WITH THE AREA, WOULD NOT SIGNIFICANTLY DIMTNISH PROPERTY VALUES, WOULD NOT. IMPEDE ORD�RLY DEVELOPMENT, WOU:GD ADDRESS THE 112L ENVIRONMENTAL IMPACT, LANDSCAPING AND SCREENING, AND BE IN ACCORDANCE WITH THE CITY'S COMPR�,HENSIVE PLAN. DR. FREILICH ENDED WITH HIS FINAL SUGGE"STION TO NOT APPROVE EPC'S GURRENT PLAN, AND HE SUGGESTED TO HAVE EPC RE-SUBMIT THEIR APPLICATION TO MEET CITY CONDITIONS. PLANNING AND ZONTNG CHAIR BILZ FINGER REPORTED THE CITY RECEIVED THREE LETTERS OPPOSTNG THE PIPELINE. MR. FINGER REPORTED THAT THEFtE WERE 32 SPEAKERS SIGNED :[N TO SPEAK REGARDING THIS PROPOSED PIPELINE. THE FOLLOWING AC;TUALI;Y SPOKE AND VOICED THEIR CON�ERNS OEt IMPU`� REGARDING � 1 THIS PROPOSED PIPELINE. THE SPEAI�RS WERE SPaTSW00D MILLER, THOMAS SEE, �I B.P. ROTH, BARRY BAGLEY, JAMES MANLEY, JANIS LOWE, BOB MCCORMACK, DAVIA TOWNSEND, THURMAN WRIGHfi, TONY BANFIELD, RALPH BL.OUGH, FRED KRCI3, RICHARD BEAUBOEF, RON BRENNEN, CAROL BENSON, BEN MAI,EK, GUS DUNN, RIGHARD DEZ FROTE, AND CHRIS TURNEI2. MR. GEORGE PERSYN PRESENTED REBUTTAL REGARDING SOME OF THE INFORMATION PRESENTED. MR. PERSYN STATED THE PIPELINE COMMITTEE HAD QUESTIONED THE SAFETY OF THE 30 YEAR OLD 8" PIPELINE FIRST PROPOSED BY EXXON PIPELINE COMPANY WHICH EXXON CONTINUES TO USE AND STATED THIS LINE TS VERY SAFE, STA�ED ON THE ]?ROPERTY VALUE ISSUES, THAT. EXXON STANDS BY THEIR REPOR� PRESENTED, ON LEGAL IS5UES AND ETHANE PROPERTIES, AND THEY WILL RESPOND IN WRITING BY TUESDi4Y. MR. PERSYN CONCLUDED BY S`�ATING EXXON WANTS TO CONTINUE TO COMMUNICATE, THEY ARE WILLING TO LISTEN, AND TO CALL EI�R HIM OR LARRY HARLAN IF ADDITIONAL INFOI2MATION IS NEEDED. HEARING NO FURTHER INPUT, THE PUBLIC HEARING WAS CLOSED AT 11:55 P.M. I THE MEETING WAS ADJOURNED. AT 11:56 P.M. �� MAYOR HAROLD L. WHIT �_,,� ATTEST: � � � � � � DELORIS MCKENZIE, ' T CITY SECRETARY ,-�--, I � ; i ' r"