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Home My WebLink AboutCC Minutes 1970-03-02 Regular -i`��i MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL March 2, 1970 A Regular Meeting of the Friendswood City Council was called to order at 7:50 p.m. March 2, 1970, with the following members present: Ralph W. Somers Mayor Edward Stuart Councilman Thomas Woods Councilman Ronald Hamil Councilman George Prude Councilman James Mager Councilman With a quorum present, and none absent, the following business was transacted: PETITIONS & COMMUNICATIONS The Mayor stated that he would depart from the regular agenda to hear petitions +e" and requests regarding the proposed zoning ordinance, with a limit of one � hour allocated to these hearings . When all requests were heard9 the Mayor � declared a ten minute recess, after which the meeting was reconvened for delibera- � tions on the hearings, and business proceeded as follows: C.-r Councilman Hamil stated that he would suggest that Council consider a number of changes to the ordinance which he was requestingsand that the ordinance be read again as First Reading. His suggested changes were read and action taken on each item separately. 1 ';�'i , • � J i ��f ��, :,� , .� „ r {� � �t +Ti�� CHANGES TO WRITTEN ORDINANCE MOTION: (Hamil ) Page 24, Sec. C--1 - Item 4 - Change "Permitted Uses and Parking Requirements" to read "Some Examples of Permitted Uses and Respec- tive Parking Requirements are:" Second: (Stuart);Vote: 2 for (Hamil , Stuart) 3 against (Woods, Mager, Prude) DEFEATED MOTION: (Hamil ) Page 23 - C-1 (BUSINESS) DISTRICT - Purpose - Change "This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of "convenience goods" and the furnishing of certain personal services to satisfy most of the dai]y needs of the adjacent residential neighborhood. The district also provides space and facilities for financial , administrative, government and business services within the Central �Business District. " to read "This district consists mainly of land occupied by or suitable for shopping facilities for the sale of goods and the furnishing of certain personal services. The � district also provides space and facilities for financial administrative, �government and business services within the Central Business District. " '° Secondw (Stuart), ��t', Amendment to the above Motion: MOTION: (Mager) "That this paragraph stand as originally written with the exception of the single word ' retailing' which would be changed to 'sales. ' Second: (Woods); Vote: 3 for (Mager, Woods, Prude); 2 against (Stuart, Hamil ) Vote on Oriqinal Motion as Amended- Unanimous MOTION: (Hamil ) Page 24 - C-1 - Permitted Uses - "Allow 'Assembly of Small Equip- ment' to come into the City." Second; (Woods) Amendment to the above Motion MOTION: (Mager) 'fhat the addition read "Assembly of Small Electronic Equipment" Second= Woods; 4 for (Mager, Woods, Hamil , Prude); 1 against (Stuart) Vote on Ori inal Motion as Amended: 4 for (P�ager, Woods, Hamil , Prude); 1 against Stuart , -- - _ _ - -- _ _ __ _ - - •�� March 2, 1970 .,� � MOTION: (Hamil ) Page 24 - C-1 - Permitted Uses - "Include ' Electrical Contractors "' Second: Woods; Vote: Unanimous MOTION� (Hamil ) Page 25 - C-1 - Permitted Uses - "Include 'Manufacture of Small Products"' Second: Mager; Vote: 2 for (Stuart, Hamil ); 3 against (Mager, Woodsa Prude) MOTION DEFEAT�D , MOTION: (Hamil ) Page 25 - C-1 - Permitted Uses - Now reads "Hardware store and small tool rentaly but not including sales of lumber or industrial hardware. " Change to read "Hardware store and small tool renta7 ." Second: Woods; Vote; 4 for (Hamil � Magerr Woods , Stuart); 1 against (Prude) � �' ��IOTION: (Hamil ) Page 25 - C-1 - Permitted Uses - Add "Warehouse Sales Office," Second: Stuart; Vote: 3 for (Hamil , Mager, Stuart); 2 against (Prude, Woods) MOTION: (Hamil ) Page 24 - C-1 - Permitted Uses - Now reads "Food or Grocery Store retail" Change to read "Food or Grocery Store"and "Bakery" and "Bakery Retail " Second: Mager; Vote:; 3 for (Mager, Stuart, Hamil ); 2' against (Prude, Woods) MOTION: (Hamil ) Page 28 - M-1-5 - Add "Excessive noises shall not be- permitted in any area. " Second: Mager; Vote: Unanimous MOTION: (Hamil ) Page 26 - M-1 - Permitted Uses - Strike "Batching or mixing plant, Portland cement, concrete, mortar or plaster, commercial , " Second: Prude Amendment to Above Motion MOTION: (Mager) Amend to read "Batching or mixing plant, with exception of Portland cement, concrete� mortar, asphalt, or plaster. " Second: Woods; Vote: 4 for (Mager, Woods„ Prude, Hamil ); 1 against (Stuart) (five minute recess) MOTION: (Prude) Page 27 - M-1 - Permitted Uses - Delete the fol1owing listings: Junk handling or storageb enclosed by an opaque wall or fence 8 feet in �, . height, including automobile wrecking� salvaging, and assembly of iron, rags,, :a,nd similar mat.e��;als�: , . .. Ju�Ce'p hemp, si sal �or oakum prbdacts. Second; (Hamil ); Vote: Unanimous MOTION: (Prude) Page 27 - M-1 - Permitted Uses - De1ete: "Tires, recapping or vulcanizing shop" Second: (Hamil ); Vote: 4 for (Prude, Hamil , Mager, Woods); 1 against (Stuart) CHANGES TO ZONING MAP MOTION: (Hamil ) "That Council accept and adopt the changes as stated in the petition , presented by Mr. A. M. McCrory and signed by 156 citizensb which reads as follows: "We, the undersigned, do hereby respectfully petition the members of the Friendswood City Council to amend the proposed zoning ordinance, and in particular� the zoning map in the following manner: The area along the South side of FM 2351 from Pecan Drive to Mary's Creek to be zoned for multi-family dwellings and from Mary`s Creek to the Imperial Estates boundary to be zoned as a residential area. In other words, we request that the zoning map, with regard to the area mentioned above, be changed back to conform to the map as it stood on February 14, 1970. " Second: Prude; Uote: Unanimous The following petition, carrying 25 names was then considered: "We, the undersigned citizens of Friendswoodr protest the proposed section of the Friendswood City Zoning Ordinance rezoning the Bost property to light industry on the following basis: (1 ) The proposed area is immediate1y adjacent to residential areas which will be subject to excessive noise and possible pollutants . This would be d-trimental to property values in the affected areas. (2) The proposed rezoning goes against the general policy of having a buffer zone, which presently exists, between light industry and residential areas . (3) The protested amendment to the zoning ordinance was added and passed "first reading" by the Council without due notification to the affected citizens. This prevented these citizens from evaluating the impact of their homes and families and expressing organized opposition before the Council . (4) The rezoning serves the interest of an individual and not the will of the majority of citizens in the affected area, " March 2, 1970 �_`f � MOTION: (Woods) "That Council return to the original map and bring in the Fig Plant and the Red Bost property as 'non-conforming"' Second: Mager Amendment to above Motion MOTION: (Hamil ) "That the above motion be voted on in two partsp i ,e. � Red Bost Property and Fig Plant. " Second: Stuart; Vote: 4 for (Hamil , Mager, Stuart,, Prude); 1 against (Woods) MOTION AS AMENDED� (Part 1 ) (Hamil ) "That Council return to the original map and bring in the Red Bost property as Commercial in a Non-Conforming use,, with the portion on Heritage and Laurel formerly zoned as R-2 now to be zoned as Commercial . " Second� Woods; Vote: Unanimous. MOTION AS AMENDED� (Part 2) (Hamil ) "That the Fig Plant be zoned Commercial and come in as non-conforming Second: Woods; Vote: 5 against Re uest made b Attorne James R. Hunt on behalf of James C. Leavesle � � ' . amen or�gina or inance to inc u e t e acres of an e onging �� to Mr. Leavesley which is situate�i�30 feet west of the Hut Mobile Trailer Park property. . , if this accomplished, it will make the commercial �-� zone designat�b.n �ur��rform t�n��bot�a=,sides of FM 2351 in that the commercial � zone designated across the 5`treet extends to this point. To achieve this uniformity, we strenuously and urgently request the Council to give every consideration to this proposed amendment: " School Board Member George Roy voiced a protest to this petition due to its closeness to the schools and the possibility of added traffic. MOTION: (Prude) "That we overrule this request on the basis of (�Ir. Roy's protest regarding nearness to school , " Second� Woods Amendment to above Motion MOTION: ( Stuart) "That the McMurrough property (660' between Leavesley and the mobile home park„ the front 200' be commercial „ the balance R-2) be excepted as a pa�rt of this motion. " Second:, Woods; Vote: 2 for (Woods�, Stuart); 3 against (Hamil „ Magerx Prude) MOTION DEFEATED Vote on Original Motion� 4 for (Hamil , Prude„ Mager, Woods)� 1 Against Stuart Christy property - Lot 21 (5 acres) - Request that it be zoned Commercial MOTION� (Stuart) That the Christy property be zoned Commer.cial Second: HamilA Vote: 1 for (Stuart); 4 against (Woods , Hamil � Mager,, Prude) Patton Property - One fourth block on the NE corner of the block bounded by Magnolia,, Friendswood Drive, Morningside and Willowick. MOTION� (Hamil ) That the Patton property be zoned C-1 Second:; Prude;, Vote:; 3 for (Hami1 ,. Woods, Prude); 2 against (Mager„ Stuart) Truitt New - (Now zoned R-2) Request that it be zoned Commercial MOTION� (Hamil ) That if the ordinance is passed„ that this block (including New property) be given to the Planning Commission for consideration of re-zoning. , Second:: Woods - Amendment to above Motion MOTION� (Mager) And that the Pl�anning and Zoning Commission be .directed ' to come up with a provision for special exeeption covering those home businesses that need to be covered in Friendswood as far as their not being limited to present operation and not being able to expand. Second: Hamil ;, Vote� 4 for (Hamil ,, Woodsfi Mager, Prude); Stuart abstains Vote on Original Motion as Amended:: 4 for (Hamil , Woods , MagerY Prude)„ Stuart abstains. - - - - __ -- --- � _ -------_ _ -____. � March 2„ 1970 ` Leah North requests� That the commercial area added to Choate Road last meeting be removed. MOTION� (Woods) Move to deny Mrs. North' s request. Second: Pruder Vote: 3 for (Woodsa Prude, Hamil ); 1 against (Mager)� Stuart abstains. Glines�property - Request that proper.ty �on 518 to Morningside be zoned commercial MOTION: (Mager) That the request be denied. Second:: Prude; Vote� 4 for (Woods , Prude,, Hamil ,. Mager); Stuart abstains STATEMENT BY MAYOR SOMERS . �for the record by request of the Mayor) I agree with Ron that our zoning of "permitted use�s" are restrictive and impractical from the standpaint that we have taken a �"boiler plate" type listing. I believe that the intent of this ordinance and the Planning Commission and the Council and a number of citizens is to proteet this' city as far as the neighborhoods are concerned against what we wou�d deem und�sir�able business and would be detrimental to the neighborhood� at the same �ime considering the need for reasonable business development for the area: I believe you would like to have a71 the community services that you can' get at a minimum tax rate. The purpose of thf,s ordinance is to protect the city- with the least amount of harm to the least number of individuals. If this ordinance is not passed„ Mr. Glines„ for instance could put in his trailer park in thi's city anywhere he wants it=--he and 95 other people. This ordinance is very badly needed but the permitted uses should be corrected. We need to keep in mind that we are working for the city as a whole and not for any individual . I suggest that we act on Ron' s proposals. Don' t let this Council sit up here and say that we can name a list of uses that we have not even gone through and analyzed one by one. This would be remiss and we would be derelict in our duties and we would not be fulfilling our responsibility to the people to do so. Legal Opinion - City Attorney Ody Jerden- TMat in view of the fact that changes made last week have actually been incorporated into the ordinancey and inasmuch as the changes recommended tonight �have been recorded as a part of the minutes of the Council Meeting„ the ordinance can, within the scope of the alw,, be read tonight as another first reading based on Ordinance #69. MOTION: (Hamil ) That Council pass the zoning ordinance on first reading. Second: Prude;, Vote: 4 for (Mager� Hamil � Woods, Prude);, 1 against (Stuart) ORDINANCE N0. 133-E - Sales Tax Proposition MOTION� (Woods) That we include the proposition of a 1% City Sales Tax in the April 4 Election. Second: Stuart Amendment to above Motion , MOTION� (Hamil ) That we amend the ordinance as written to include the allocation of funds on a five year basis 50-50 between street improvements and a recreation center. Second: Prude; Vote: 2 for (Hamil , Prude); 3 against (�Mager; Woods, Stuart) „ Vote on Original Motion: 2 for (Mager, Stuart); 3 against (Hamilp Woods, Prude) ATTORNEY ' S OPINION� The Council can suspend the provisions of the Procedure Ordinance No. 97,, Rule 11 � for a period of 15 minutes in order that they may reconsider the sales tax proposition. MOTION: (Hamil ) That we suspend the provisions of Ordinance No. 97 for 15 minutes for reconsideration of the sales tax proposition. Second: Woods;; Vote:; Unanimous MOTION: (Prude) That we amend Ordinance No. 133-E as written to include the allocation of funds on a five year basis 50-50 between street improvements and a recreation center. Second: Hamila Vote:� 3 for (Hamil , Prude, Mager)� 2 against (Woods� Stuart) MOTION: (Hamil ) That we adopt Ordinance No. 133-E as amended Second:� Prude; Vote: 4 for (Hamil , Prude,, Mager, Stuart)T 1 against (Woods) #`� � � � �� March 2, 1970 RESOLUTION N0. 1-70 (Increase of Bond Interest Rates for WCID #108) MOTION: (Mager) That Council approve and adopt Resolution 1-70. Second� Prude; Vote: Unanimous STATEMENT BY MAYOR SOMERS� (entered in the records at the Mayor' s �request) I would like to add one thing to my statement. I want it understood that I hold no animosity toward the Council in this respect (re the zoning ordinance) . . I know that the Counci7 is doing what it thinks is correct. It is just a :matter of difference in opinion. We have disagreed on a lot of things. I am sure we will disagree again, but I think we started out with something pretty good, and had a chance of making it real good, And we went backwards in my opinion. We didn ' t make it goo�--we made it not as good as it could have been, perhaps not even as good as it was when we came in this evening. This is a matter of .opinion and .I still think that we should have zoning in this City and I� strongly favor zoning and the sooner we get it the better I will like it. And I am real disappointed �that this ordinance turned out this way as far as I am personally concerned. I want this understood that I am not angry with the Council in any way. WARRANTS MOTION: (Stuart) Move to appro:ve Cofistru.ction Warr.ants 4989 through 4994. ` Second: Mager; Vote: Unanimous. The meeting was recessed until 7:30 P.M. Tuesday evening, March 3, 1970. The meeting reconvened on Tuesday evening, March 3, at 7:30 p.m. with the :following, constituting� a quorum; present.� : Ra1ph Somers Mayor � George Prude � Councilman James Mager Councilman Ronald Hami1, Councilman APPROVAL OF MINUTES � Minutes of the Regular Meeting of Febnuar.y 16, 1970 appnoved �as written. ANNOUNC�MENTS & COMMUN�I:CATIONS , 1 . Hearing to be held on March 24 regarding permits by the TWQB for Cosmodyne, Phoenix, Intercoastal Chemical , and Archem. 2. Show Cause Hearing by TWQB to be held on March 23, with regard to Water Permit Holders in Clear Creek Basin, including Friendswood, 3. Resignation of Thomas J. Grimsrud as Parks and Recreation Director. PETITIONS & COMMUNICATIONS Mr. L. B, Tait appeared before Council on behalf of Mr. Floyd Weber asking final approval of a mobile home park on FM 2351 . City Attorney Jerden stated: I would like to talk to Mr. Tate' s attorney. If we deny permission (to build this park) it would have to be on the basis of the zoning ordinance. I request that Council defer action on the request until I �have had such a mee�.�ng with Mr. Tate' s :attorney. MOTION: (I�lager) That Council• accept the recommendation of the attorney. Second: . Prude; Votet Unanimous. OLD BUSINESS Request by Councilman Hamil to make Statement and Motion as follows: ��`el�