MINUTES City of Dickinson CITY COUNCIL MEETING

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1 Julie Masters, Mayor Mark Townsend Kerry Neves Mary Dunbaugh, Mayor Pro Tem MINUTES City of Dickinson CITY COUNCIL MEETING Charles Suderman Louis Decker William H. King III Julie M. Johnston, City Administrator OCTOBER 23, 2007 The Dickinson City Council met in a duly called and announced REGULAR MEETING on TUESDAY, OCTOBER 23, The meeting was held in the City Council Chambers located at 1621 FM 517 East, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Invocation and Pledge of Allegiance Mayor Julie Masters called the meeting to order at 7:07p.m. J. T. Floyd gave the Invocation and Mary Dunbaugh led the Pledge of Allegiance. City Secretary Carol McLemore called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro Tem Mary Dunbaugh and Council Members Mark Townsend, Kerry Neves, Louis Decker and William King. Absent was Councilman Charles Suderman. Also present were City Attorney, Loren Smith, City Administrator, Julie Johnston, and Police Chief, Ron Morales. ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS: Council commented on the following topics: 1. Welcome to everyone and thanks for attending. 2. Empty Stocking Interviews. 3. City s 30 th Anniversary Celebration to be held November Festival of Lights. 5. Historical Society preview of Railroad Depot Museum. 6. Recent and Upcoming activities of DHS Band. 7. Congratulations to Kerry Neves for being elected President of H-GAC 8. Dickinson vs. Texas City Football Game. 9. City Night at Harbour Playhouse rd Anniversary of Greater New Hope Baptist Church. 11. Olson and Olson Conference 12. International Council of Shopping Centers Conference attended by Mayor, City Administrator and members of the DEDC. ITEM 3.) PUBLIC COMMENTS: Brenda Boyce, th Street, asked City Council about their plans to address the expansion of the landfill on FM 646. She stated that the expansion included making an entrance to the landfill on FM Mayor October 23, 2007 Regular Council Minutes Page 1 of 6

2 Masters asked Ms. Boyce to provide the City with copies of the paperwork she had and the City would look into the matter. Ms. Boyce also asked about warning lights on FM 517 near the new Central Fire Station. ITEM 4.) CONSENT AGENDA: CONSIDERATION POSSIBLE ACTION: A. Approval of Minutes of Special City Council Workshop Meeting of October 9, B. Approval of Minutes of Regular City Council Meeting of October 9, Councilman Neves made a motion to approve the consent agenda. 5 AYES (Dunbaugh, Townsend, Neves, Decker and King) OLD BUSINESS ITEM 5.) DISCUSSION/ACTION: Ordinance Number AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REPEALING ORDINANCE NUMBER 97-86, CODIFIED AS CHAPTER 3, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS; ADOPTING A NEW CHAPTER 3, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES PROVIDING DEFINITIONS; REQUIRING PERMITS TO MANUFACTURE, DISTILL, BREW, SELL, POSSESS FOR THE PURPOSE OF SALE OR DISTRIBUTE ANY BEER, LIQUOR, WINE OR OTHER ALCOHOLIC BEVERAGE; REQUIRING ZONING COMPLIANCE WITH THE COMPREHENSIVE ZONING ORDINANCE; PROHIBITING SALES WITHIN THREE HUNDRED (300 ) OF A CHURCH, PUBLIC SCHOOL, PRIVATE SCHOOL OR PUBLIC HOSPITAL; PROVIDING METHODS FOR DETERMINING DISTANCE MEASUREMENT; ESTABLISHING HOURS FOR BUSINESS AND COMSUMPTION; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE (Second of three readings). Mayor Masters read Ordinance Number by caption only. Councilman Decker made a motion to adopt Ordinance Number on second reading, suspending the third reading. Mayor Pro Tem Dunbaugh seconded the motion. October 23, 2007 Regular Council Meeting Minutes Page 2 of 6

3 ITEM 6.) DISCUSSION/ACTION: Ordinance Number AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING SUBSECTION (2) OF SECTION 5-05, PROCEDURE FOR DETERMINATION AND ABATEMENT; NOTICE; HEARING; APPEAL, OF ARTICLE I, BUILDING STANDARDS COMMISSION; SUBSTANDARD BUILDINGS, OF CHAPTER 5, BUILDINGS, OF THE CODE OF ORDINANCES TO PROVIDE FOR NOTICE BY DELIVERY BY THE UNITED STATES POSTAL SERVICE USING SIGNATURE CONFIRMATION SERVICE IN ACCORDANCE WITH LEGISLATIVE REQUIREMENTS; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 AND THAT EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES SHALL BE DEEMED A SEPARATE OFFENSE; PROVIDING FOR THE AUTHORIZATION TO SEEK INJUNCTIVE RELIEF TO ENJOIN VIOLATIONS WHICH CONSTITUTE AN IMMINENT HAZARD OR DANGER TO THE PUBLIC HEALTH AND SAFETY; AND AN PROVIDING AN EFFECTIVE DATE (Second of three readings). Mayor Masters read the ordinance by caption only. Mayor Pro Tem Dunbaugh made a motion to adopt Ordinance Number on second reading, suspending the third reading. Councilman Decker seconded the motion. ITEM 7.) DISCUSSION/ACTION: Ordinance Number AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER , AS HERETOFORE AMENDED, SO AS TO REZONE ±7.334 ACRES OUT OF THE PERRY & AUSTIN SURVEY, ABSTRACT NO. 19, MORE COMMONLY KNOWN AS LOTS 3, 4 AND 5 OF THE SCHMIDT ENCLOSURE DIVISION, AND GENERALLY LOCATED ON THE NORTH SIDE OF SUNSET DRIVE, ONE BLOCK EAST OF IH-45, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, FROM CONVENTIONAL RESIDENTIAL (CR) TO NEIGHBORHOOD COMMERCIAL (NC), SAID ACREAGE LOCATED ON THE NORTHSIDE OF SUNSET DRIVE, ONE BLOCK EAST OF IH-45; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED October 23, 2007 Regular Council Meeting Minutes Page 3 of 6

4 $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Third of three readings). Mayor Masters read the ordinance by caption only. J. T. Floyd, Chairman of the Planning and Zoning Commission, spoke in opposition to the request for rezoning. City Administrator noted that the developer had withdrawn his request to have the property re-zoned. Councilman Townsend made a motion to deny Ordinance Number on third and final reading. 5 AYES (Dunbaugh, Townsend, Neves, Decker and King. ITEM 8.) DISCUSSION/DIRECTION: Regarding regulations of chaining dogs to stationary objects. Mayor Masters reported that she had discussed Texas City s ordinance with Kim Schoolcraft of Galveston County Animal Control. After some discussion, it was the consensus of City Council and direction to the City Administrator was to use Texas City s Ordinance and the City s current animal regulations to draw up an anti-tethering ordinance for the City of Dickinson. NEW BUSINESS ITEM 9.) DISCUSSION/DIRECTION: Regarding exemption on Goods in Transit (HB 621). Hugh Landrum of Hugh Landrum and Associates explained the implications of House Bill 621 and its possible impact on the City of Dickinson. After some discussion, it was the consensus of City Council to hold a public hearing at the next City Council Meeting and to consider passage of an ordinance that would deny the tax exemption. ITEM 10.) DISCUSSION/ACTION: Ordinance Number AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE ADDENDUM (TRAFFIC CONTROL DEVICE INVENTORY SCHEDULE III) TO SUSECTION (g) OF SECTION 10-3, TRAFFIC-CONTROL DEVICES, OF CHAPTER 10, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF ORDINANCES BY ADDING THERETO THE DESIGNATION OF NO PARKING ZONES ON SECTIONS OF BAKER STREET, OWENS DRIVE, AND 34 TH STREET WITHIN THE CITY OF DICKINSON; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A REPEALER October 23, 2007 Regular Council Meeting Minutes Page 4 of 6

5 CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. (First of three readings) Mayor Masters read the ordinance by caption only. Councilman King made a motion to approve Ordinance Number on first reading. Councilman Decker seconded the motion. Discussion followed. 5 AYES (Dunbaugh, Townsend, Neves, Decker and King) ITEM 11.) DISCUSSION/ACTION: Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A FIRE PROTECTION SERVICES AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS, AND DICKINSON VOLUNTEER FIRE DEPARTMENT FOR THE PURPOSE OF ESTABLISHING THE RIGHTS, DUTIES AND RESPONSIBILITIES OF THE PARTIES IN PROVIDING FIRE PROTECTION SERVICES; AUTHORIZING ITS EXECUTION BY THE MAYOR; PROVIDING FOR INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE. Mayor Masters read the resolution by caption only. Mayor Pro Tem Dunbaugh made a motion to approve Resolution Number AYES (Dunbaugh, Townsend, Neves, Decker and King) ITEM 12.) DISCUSSION/ACTION: Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS, AND CIL PROCUREMENT, LLC; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE. Mayor Masters read the resolution by caption only. Mayor Pro Tem Dunbaugh made a motion to approve Resolution Number October 23, 2007 Regular Council Meeting Minutes Page 5 of 6

6 ITEM 13.) DISCUSSION/ACTION: Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING A TERMINATION AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS, AND CONSTRUCTION STRATEGIES, INC.; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE. Councilman Townsend recused himself from the discussion and vote of this item citing conflict of interest. Mayor Masters read the resolution by caption only. Mayor Pro Tem Dunbaugh made a motion to approve Resolution Number Councilman Neves seconded the motion. 4 AYES (Dunbaugh, Neves, Decker and King). 1 ABSTENTION (Townsend). ITEM 14.) BRIEFING/DISCUSSION: Regarding procedures for contested case hearing in TCEQ Docket Number MAW. The City Administrator briefed City Council on the procedures in the upcoming contested case hearing regarding the Marlin-Atlantis wastewater treatment plant to be held at the Galveston County Justice Center on November 13. ITEM 15.) ADJOURN Councilman Townsend made a motion to adjourn the meeting at 7:52 p.m. Mayor Pro Tem Dunbaugh seconded the motion. Approved and adopted this the 13 th day of November, ATTEST: Julie Masters, Mayor Carol L. McLemore, City Secretary October 23, 2007 Regular Council Meeting Minutes Page 6 of 6