HomeMy WebLinkAboutCC Minutes 1998-08-31 Special 8/31/98 �
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STATE OF TEXAS ) (
CITY OF FRIENDSWOOD ) (
COUNTIES OF GALVESTON/HARRIS ) (
AIIGIIST 31, 1998 ) (
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD
ON AUGUST 31, 1998, AT 6:30 P.M. , AT FRIENDSWOOD CITY HALL, 910 S.
FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT
CONSTITIITING A QIIORIIM:
MAYOR HAROLD L. WHITAKER
MAYOR PRO TEM JERRY ERICSSON
� COUNCILMEMBER KITTEN HAJECATE
COUNCILMEMBER TOM MANISON
COUNCILMEMBER KIM HRIZENDINE
COUNCILMEMBER ALINE DICKEY •
COIINCILMEMBER MEL MEASELES
CITY ATTORNEY I{IM MICKELSON
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
MAYOR WHITAK$R CALLED THE MEETING TO ORDER.
COUNCIL CONVENED IN EXECLJTIVE SESSION IN ACCORDANCE WITH THE TEXAS
GOVERNMENT CODE, PURSUANT TO SECTION 551.071, CONSULTATION WITH ATTORNEY
CONCERNING PENDING OR CONTEMPLATED LITIGATIONj A SETTLEMENT OFFER; OR A
MATTER IN WHICH THE DUTY OF THE ATTORNEY REQUIRES IT.
COiRJC2LMEMBER DICKEY LEFT THE EXECIITIVE SESSION AT 6:50 P.M.
COIII3CIL RE—CONVENED IN REGULAR SESSION WITH ACTION TAKEN LATER IN THE
MEETING.
COUNCILMEMBER DICKEY RETURNED TO THE MEETING.
; MAYOR WHITAKER CALLED THE PIIBLIC HEARING TO ORDER TO RECEIVE COMM�NTS EITHER
;,_,,.,, ORAL OR WRITTEN REGARDING THE FOLLOWINGs
A. REGI�IRDING THE PROPOSED FY1998-1999 GENERAL OPERATING BUDGET FOR
THE CITY OF FRIENDSWOOD.
FORMER MAYOR EVELYN NEWM�N APPEARED BEFORE COUNCIL IN SUPPORT OF THE SUDGET,
STATED SHE APPRECIATES THE HOIIRS THAT STAFF HA5 SPENT IN PREPARING THE
BUDGET SO THAT COUNCIL CAN Ml►KE INTELLIGENT DECISIONS, SPOKE ABOUT THE
HOMESTEAD EXEMPTION, THE LOW TAX RATE, BIIT STATED IN ORDER TO GIVE CITIZENS
THE QUALITY OF LIFE THEY WANT, THE TAX RATE WILL HAVE TO BE INCREASED, AND
ASKED COUNCIL TO SUPPORT THE TAX INCREASE.
MR. CIiRIS PEDBN APPEARED BEFORE COIINCIL REGARDING THE PROPOSED BUDGET,
CAMPAIGN PROMISES, VEHICLES, WATER DONATIONS, INTEREST INCOME, TRANSFERS OUT
OF WATER AND SEWER, AND ASKED COUNCIL TO REVIEW THE PROPOSED BIIDGET AND
ANSWER WFiAT THE TAX INCREASE WILL BE USED FOR.
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MR. ED DRISCOLL APPEARED BEFORE C017NCIL AND ASKED WHERE ARE THE DOLI,ARS
BEING SPENT, AND ASKED WHY TEiE BUDGET LINE ITEM WAS NOT AVAILABLE.
MS. CAROL DEAN APPEARED BEFORE COUNCIL AND ASKED WHEN CAN THE PUBLIC REVIEW
THE LINE ITEM BUDGET AND STATED THAT IT SHOULD BE AVAILABLE AS IT IS A
PUBLIC RECORD.
MR. KATHY SMITH, 1307 SILVERLEAF, APPEARED BEFORE COUNCIL AND REMINDED
COUNCILMEMBERS MEASELES, DICKEY, BRIZENDIIZE APID ERICSSOAI THAT THEY RAN ON
PROMISES OF NO NEW TAXES AND ASKED THEM TO KEEP THEIR PROMISE.
HEARING NO FIIRTHER COMMENTS, THIS PORTION OF THE PUBLIC FIEARING WAS CLOSED.
MAYOR WHITAKER CALLED A PUBLIC HEARING TO ORDER TO RECEIVE COMIyIENTS EITHER
ORAL OR WRITTEN REGARDING THE FOLLOWING:
B. A PROPOSED 1998 TAX RATE OF .6125 FaR THE CITY OF FRIENDSWOOD.
MR. ED DRISKILL SUGGESTED THAT TFiE PUBLIC HEARING BE CLOSED UNTIL TIiE BUDGET
IS AVAILABLE TO THE PUBLIC.
FORMER MAYOR EVELYN NEWMAN STATED THAT SHE WOULD LIKE TO CLARIFY THAT THE
IPICREASED TAX RATE WOULD BE A $24.00 INiCREASE PER YEAR ADTD NQT PER MONTH.
A2dD REMINDED EVERYONE THAT FRIENDSWOOD WAS THE ONLY CITY IN THE AREA TO GIVE
A 20 PERCENT HOMESTEAD EXEMPTIQN.
MR. CHRIS PEDEN STATED THAT WITH THE OTHER TAXES IN TIiE CITY, THE INCREASE
IN THE TAX R.ATE WILL RESULT IN APPROXIMATELY $25.00 PER MONTH FOR TAXES.
MS. CAROL DEAN STATED THAT TAE APPRAISAL 02J THE AVER.AGE HOUSE I S $12�,Q 0 0,
AND ASKED WHY IS VISION 2020 THE BASE OF TFIE BUDGET IF THE INFORMATION FROM
THE VISION 2020 WORKSHOP5 IS NOT FINALIZED.
HEARING NO FURTHER COMPfENTS, THIS PORTION OF THE PUBLIC HEARING WAS CLOSED.
COUNCILMEMBER HAJECATB MOVED TO REMOVE FROM THE TABLE, THE MOTION REGARDING
THE SUNII�SARY JUDGEMENT DECISION IN TFiE EXXON PIPELINE LITIGATION.
SECONDED BY COUNCILMEMBER BRIZENDINE. THE MOTION WAS APPROVED DNANIMOIISLY.
CITY ATTORNEY READ TFiE AMENDED SUbII�lARY JUDGEMENT IN IT5 ENTIRETY. IT
FOLLOWS.
"CAME ON TO BE HEARD ON THE 20TFI DAY OF JULY, THE MOTIONS FOR SUNII�SARY
JUDGMEIIT OF BOTFi PLAINTIFF EXXODI PIPELINE COMPANY AND DEFENDATI'P CITY OF
FRIEND5WOOD, AS WELL AS EACH PARTY'S RESPONSE TO THE OTAER PARTY'S MOTION.
PLAINTIFF EXXON PIPELINE COMPANY APPEARED BY AND THROUGH ITS COIINSEL OF
RECORD. HAVING CONSIDERED EXXON PIPELINE COMPANY'S MOTION, THE CITY OF
FRIEND5WOOD'S MOTION, EXXON PIPELINE COMPANY'S RESPONSE TO THE CITY'S
MOTION, TAE CITY'S RESPONSE TO EXXON PIPELINE COMPANY'S MOTION, THE PLEADING
ON FILE IN THE CASE, THE EVIDENCE ATTACHED TO EXXON PIPELINE COMPANY'S
MOTION, THE EVIDENCE ATTACHED TO TIiE CITY'S MOTI013 FOR SIINIl�3A.RY JUDGMENT, THE
DISCOVERY RESPONSES ON FILE IN THE CASE, AND THE ARGUMENT OF COUNSEL, THE
COt7RT FINDS AND CONCLUDES TH.AT EXXON PIPELINE COMPANY'S MOTION FOR SUbIIdARY
JUDGMENT IS MEI2ITORIOUS AND SHOVLD BE GR.ANTED AND THAT THE MOTION FOR
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SIIN RY JUDGMENT OF THE CITY OF FRIENDSWOOD IS WITHOIIT MERIT AND SHOULD BE
DENIED. THE COIIRT FIIRTHER DECLINES TO RULE ON TIiE ISSIIES OF (1) SUPREMACY
OF THE POWER OF EMINENT DOMAIN OVER A HOME-RIILE CITY'S POWER TO ZONE IN THE
INTEREST OF THE GENER.AL WELFARE OF ITS CITIZENS AND (2) THE ALLEGED
INABILITY OF A CITY TO EXERCISE ITS ZONING POWER IN A MANNER THAT INTERFERES
WITH INTERIIRBAN COMMERCE. IT IS, THERBFORE, ORDERED, ADJUDGED, AND DECREED
THAT EXXON PIPELINE COMPANY'S MOTION FOR SUNII iARY JUDGMENT BE AI TD HEREBY IS,
GRANTED. IT IS FIIRTHER, . ORDERED, ADJIIDGED lLND DECREED THAT, BECAUSE THE
CITY OF FRIENDSWOOD ACTED ARBITRARILY AND CAPRICIOUSLY AND ABUSED ITS
DISCRETION BY REFIISING TO GRANr EXXON PIPELINE COMPANY A SPECIFIC US
' PERMIT, A PIPELINE PERMIT AND A STAtTDARD FIRE CODE PERMIT, THE CITY OF
FRIENDSWOOD BE AND HERESY IS ENJOINED FROM INTERFERING IN AI TY WAY WITH THE
CONSTRUCTION OR OPERATION OF EXXON PIPELINE COMPF►NY'S COMMON CARRIER ETHANE
PIPELINE ALONG THE ROUTE SPECIFIED IN TEXAS RAILROAD COMMISSION OIL & GAS
DOCKET NO. 03-0211875. IT IS FURTIiER, ORDERED ADJUDGED, AND DECREED THAT
EACH PARTY SHALL BEAR ITS OWN COSTS. IT IS FLJRTHER, ORDERED, ADJUDGED AND
DECREED THAT ALL RELIEF NOT EXPRESSLY GRANTED HEREIN IS DENIED. " SIGNED
THIS 27 DAY OF AUGUST, 1998. HON. DWIGHT JEFFERSON, JUDGE, 215TH JUDICIAL
DISTRICT COURT, HARRIS COUNTY, TEXAS.
CITY ATTORNEY MICKELSON STATED IN REGARDS TO THIS ORDER, THIS ORDER DOES NOT
MANDATE THE SPECIFIC PERMIT BE ISSUED. TFIE CITY IS INSTEAD ENJOINED FROM
INTERFERING OR HINDERING THE CONSTRUCTION (OR) OPERATION OF THAT ROUTE AND
DOES NOT REQUIRE THE ISSUANCE OF A SPECIFIC PERMIT.
COUNCILMEMBER DICKEY STATED IF WE DON'T APPEAL THIS, WE HAVE LOST REGARDLESS
OF THE GROUNDS AS FAR AS I AM CONCERNED. EXXON CAN COME FORWARD AT TFIIS
POINT IF WE DON'T APPEAL THIS, AND WITHOUT ANY INPUT FROM CITY ZONING AND
PIPELINE REQUIREMENTS SET FORTH BY THIS COUNCIL, THEY CAN GO IN AND DO
WHATEVER THEY DEEM OR DESIRE. I THINK IF WE DON'T APPEAL THIS I CERTAINLY
WOiJLD CON52DER THIS ONE OF THE SADDEST DAYS IN THE CITY OF FRIENDSWOOD.
COUNCILMEMBER MEASELES STATED THE TIME HAS COME FOR US TO PUT THIS ISSUE AT
REST AND MOVE ON TO OTHER JUST AS IMPORTANT ISSUES IN THE CITY, THAT WE HAVE
AN OPPORTUNITY TO END THIS CONTROVERSY OVER EXXON PIPELINE AND MUST
RECOGNIZE THE REALITY OF THE SITUATION AND DO THE BEST WE CAN WITH TIiE
't OPTIONS THAT WE HAVE. COUNCILMEMBER MEASELES STATED THAT HE APPRECIATES TIiE
EFFORTS OF ALL THE MANY, Ml1NY CITIZENS WHO WORKED SO HARD TO RESOLVE THIS
ISSUE BUT THE REALITY IS THAT THE CITY OF FRIENDSWOOD HAS BEEN TOLD "NO"
FOUR TIMES AND ASKED HOW M7 7Y TIMES DO WE HAVE TO BE TOLD "NO" AND XOW MUCH
MORE MONEY DO WE HAVE TO SPEND THAT IS BADLY NEEDED ELSEWHERE IN THE CITY.
COUNCILMEMSER MEASELES STATED THAT NO ONE WAN'PS ANOTHER PIPELINE IN
FRIENDSWOODj HOWEVER PIPELINES ARE A NECESSITY IN THIS AREA, AND THAT THE
DECISION BY THE COURT STATES THE CITY OF FRIENDSWOOD, IS HEREBY ENJOINE
FROM INTERFERING IN ANY WAY WITH THE CONSTRIICTION OR OPERATION OF THE EXXON
PIPELINE COMPANY'S COMMON CARRIER ETHANE PIPELINE ALONG TFIE ROII'TE SPECIFIED
IN TFiE TEXAS RAILROAD COMMISSION OIL AND GAS DOCKET NO. 033-211875.
COUNCILMEMBER MEASELES CONTINUED THAT AFTER A REVIEW OF THE OPTIONS, HE IS
LEFT WITH ONLY ONE CLEAR OPTION. . .VOTE NO ON THE APPEAL AND YES TO MOVE ON
TO THE BUSINESS OF THE CITY.
COIINCILMEMBER BRIZENDNE REPORTED THAT THERE IS A TIME TO FACILITATE I ND
EXPEDITE THE CLOSURE OF CITY PROBLEMS 1 ND THAT HE IS COMFORTABLE THAT EVERY
VIABLE AND REASONABLE SOLUTION HAS BEEN PURSUED AND THAT IF A PROBLEM CAN
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NOT BE SOLVED, THEN THE RESPONSIBLE THING TO DO IS TO TRY TO MANAGE IT.
COUCILMEMBER BRIZENDINE STATED THAT HE WOIILD LIKE TO COMMEND THE PIPELINE
SAFETY COMMTTTEE FOR THAT WISDOM OVER TWO YEARS AGO AND FURTHER RECOMMENDED
THAT THE COMMITTEE CONTINUE THEIR REVIEW AND EVALUATION OF ALL EXISTING
PIPELINES AND ASSOCIATED CITY ORDINANCES. COUNCILMEMBER BRIZENDINE STATED
THAT HE WOULD VOTE AGAINST FURTHER APPEAL.
MAYOR WHITAKER STATED THAT AS OUR CITY ATTORNEY REPORTED, THE COURT. HAS
DENIED THE RIILE OF SUPREMACY OF EMINENT DOMAIN OVER ZONING, THAT THIS HAS
BEEN A LONG PROCESS, AND ONE THAT HAS PRECEDED MANY' OF US HERE ON TXE
COIINCIL. MAYOR WHITAKER STATED THIS HAS COST THE CITY A LOT IN DOLLARS AND
ALSO IN COMMUN2TY RELATIONS. THERE HAS BEEN A LOT GAINED IN THE FACT THAT
WE HAVE PUSHED THIS TO BE ONE OF THE SAFEST PIPELINES IN THE CITY AND
PROBABLY IN THE COUNTF2Y. I THYNK THERE HAS BEEN A LOT GAZDIED WITH
PERSISTENCE AND TRYING TO PUSTi TO THE LIMIT AND GET THE PIPELINE AS SAFE AS
POSSIBLE.
**COIINCILMEMBER DICKEY MOVED TO APPEAL THE EXXON STJMASARY JUDGMENT TO THE
APPELLATE LEVEL.
SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION FAILED 1-6 WITH MAYOR
WIi2TAKER AND COUNCILMEMBERS HAJECATE, ERICSSON, MANISON, BRIZENDINE, AND
MEA5ELES OPPOSED.
COUNCILMEMBER DICKEY LEFT THE COIINCIL MEETING AT 7:47 P.M.
NO ACTION WAS TAKEN REGARDING RETAINING THE LEGAL SERVICES OF ROBERT A.
RIMA, ATTORNEY AND COiTNSELOR TO REPRESENT TIiE CITY OF FRIENDSWOQD IN THE
EXXON PIPELINE LITIGATION. �
**COUNCILMEMBER MANISON MOVED TO APPROVE AWARDING BID 98-4 AND AUTHORIZE
AGREEMENT FOR OPERATION OF A CONCESSION STAND FOR FRIENDSWOOD SPORTS PARK TO
CUSTOMIZED CATERING SUBMISSION.
SECONDED BY COIINCILMEMBER BRIZENDINE. TFIE MOTION PASSED 6-0.
A MOTION WAS MADE AND APPROVED TO ADJOURN AT 7:50.
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MAYOR HAROLD L. WHITAK
ATTEST:
S
DELORIS MCKENZIE, RMC
CITY SECRETA.RY
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