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Home My WebLink AboutCC Minutes 1970-03-03 Regular, Reconvened � � � Aa � G _ _. ..---- -------_-�-- March Z, 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; Uote: 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 Council 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 a-s 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 approve Cohstru.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:; : �, Ralph: Somers � George Prude James Mager Ronald Hami1: APPROVAL OF MINUTES Mayor �� Councilman Councilman Councilman Minutes of the Regular Meeting of Februar.y 16, 1970 appr;oved ,as written. ANNOUNCfiMENTS & 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 23y 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 unti�l, I �have had such a mee�ing with Mr. Tate' s �attorney. MOTION: (��lager) That Council accept the recommendation of the attorney. Second: Prude, Vote: Unanimous. OLD BUSINESS Request by Councilman Hamil to make Statement and Motion as follows. ; �. �� :_ March 4� 1970 _ _ _ _ STATEMENT BY COUNCILMAN HAMIL: After much consideration of the events of last night's meeting and after many calls today to businesses and civic leaders of the caminunity, �.it is my opinion that the Coun:cil has made a mistake in making the first reading of the zoning ordinance. I totally disagree with Mayor Somers that �the action taken �was irresporrsible but it was in error. It appears to me that we have performed a severe breach of confidence to the people of Friendswood by not looking out for the entire community. This ordinance would in effect protect the indiVidual property owners in what I believe to be a satisfactory manner. Any ordinance should do the same. However we have created a monster in certain business districts of the city and have made grwoth for certain businesses impossible. I don' t believe tliat this is the intent of the people of' Friendswood and least of all the City Council . We have a god- basic ordinance but we have some flaws in it which need to be corrected prior to passage. Therefore I move that no furither reading be taken on the present zoning ordinance as amended until a thorough land usage study of the city, especially the business area, is made. This study should be made by the Planning and Zoning Commission with help from P�rofessional land use planners if necessary. Specific care should be taken to allow present businesses to operate in a manner which will allow them to grow in a planned manner which will be carefu1ly integrated with the present surroundings. Further, that the s�um of $1 ,000 be set aside from the Budget Adjustment Account to cover the cost of a professional land planner. This report should be presented to the City Council after all Planning and Zoning Commission hearings have been held but no later than September 1 , 1970. Second� Mager STATEMENT BY COUNCILMAN MAGER: I would like to make clear my position on the Zoning Ordinance as related to commercial and light industry. A1though at present this is a bedroom community and in the future it may stay that way, I feel that the zoning ordinance should provide for commercia7 and light industry. My position as to the motion on the floor: I agree that there are shortcom.ings and one is the present businesses located in areas not zon�ed for commercial and in this �onneCtion� T��,made��a°motion last night (or this morning) to have the Planning and Zoning Commission provide the City Council with a list of those businesses which should be considered for special exceptions, and provide the required provisions in the ordinance to cope with these special exceptions. However, after many sleepless and workless hours I can not support the motion to table the o;�.dinance or pass it back to the Planning and Zonirig Commission. In my opinion, the merits for passage of this ordinance at the present time outweighs the present major shortcoming which is covered with the aforementioned motion passed by the City Council this morning. It is my opinion also that to pass it back to the Planning and Zoning Commission at this time will , in essence, kill the chances of a zoning ordinance ever being enacted. And also with a six-months review cycle as recommended by Councilman Hamil � I believe that when we get it back from the Planning and Zoning Commission, even if we employ the services of a professional planner, we will go through the same exercise that we have gone through the last month--I don' t think it will be any different. In fact, what we get back will probably dissatisfy the commerci'al land owners more than what we have today, and we will not have solved anything. I think that with the motion we passed last night we can close the major shortcomings of the ordinance we have today and there are provisions in the present ordinance after its passage by which it can be incorporatedr and I don' t believe that any of the business men that are presently facing this situation will suffer by it. STATEMENT BY MAYOR SOMERS; 'I think the Council ' s position is quite clear (on reaffirming first reading of the ordinance) , I haven' t changed my position from my statemen� last night on this ordinance and I haven't �changed my position on the question of zoning. I have given more consideration to what we did last evening as far as amending the ordinance and taking a reading. I think we have done this before to a minor degree but last evening we altered the zoning' ordinance very considerably and I do question quite seriously whether we were on sound legal ground with the intent of Ordinance No. 69 insofar as amending the ordinance and taking a reading without going through the posting procedure. I do question this very seriously. I can't say that I know we are wrong because I do not know that we are but i do believe that if anyone in this room should read Ordinance 69 prior to consideration of March 4, 1970 - -- --- �'4:� this zoning ordinance and if it was possible to divorce your thinking and your desires from the urgency of the matter here, and I too recognize the urgency very much, I think in connection with Ordinance 69 you would say that the proper procedure is that if you amend the ordinance you would have to go back through the posting procedure. I know you may disagree with me very much but I believe that if I had asked you about this six months ago you would have agreed. VOTE flN MOTION: 1 for (Hamil );, 2 against (Mager, Prude) HEARING BY TWQB ON FRIENDSWOOD PERMIT WITH REGARD TO CLEAR LAKE WATERSHED MOTION: (Mager) That a l�tter from the Mayor �to �the Clear Creek Basin ^ Authority reflect that the Friendswood City Council looks favorably on the contract formerly presented to the Council . However, the Council feels that this contract would be more encouraging for total participation within the Clear Creek Basin if this contract was revised to contain the following three conditions: 1 . That the monies funded by the participants for a preliminary design �`' would be refunded back to the participants at the time of construction �� and the total construction cost would then be appropriated on some yet to be determined equitable basis. � � 2. Recognizing that the CCBA is the logical authority to administer the pi�o�ram, it is deemed desirable that the Gulf Coast Waste Disposal Authority will assume this responsibility as soon as they are able to do so. 3. In view of the contradictory information concerning the amount of phosphorus required in a body of water to promote algae blooms, the design should be preceeded by an ecological survey of the lake to the extent of determining whether or not to infer that regional treatment is not desirable. The program will be directed toward regional treatment whether or not tertiary treatment is the ultimate method decided upon. Second: Prude; Vote: Unanimous IMPLEMENTATION OF DRAINAGE TILE PROGRAM INITIATED SY COUNCIL MOTION: (Hamil ) That we accept this form for implementation of the program. Second: Prude; Vote: Unanimous POLICY GOUERNING THE FRIENDSWOOD CITY RIDING ARENA MOTION: (Hamil) That the Policy governing the Friendswood City Riding Arena be approved as presented. � Second: Mager; Vote: Unanimous DEAARTMENTAL REPORTS Health & Saf�-. Councilman Prude stated that the Garbage Contract will be hande to the attorney for his review and returned to Council by next meeting for Council ' s study and approval . Fire & Police: Councilman H1ager stated that estimates and investigations are being ma e in order to get a financial picture of the needs of the Fire and Police Departments. STATEMENT BY MAYOR SOMERS (For the Record): To back up to zoning, I would like to make a statement in connection with what Jim has said and that is that no matter how this thing comes out, there is one thing in his statement that I want to express wholehearted agreement with and that is regardless of how the thing comes out that the job we have to do now is covered in his statement concerning our pulling together to make it effective, to make it better, to correct errors, and to pull together to enforce the ordinance. I don't think resigning or turning your head is the right way to go. I just want to agree with Jim on that portion of his statement. I think I am somew�at in disagree- ment with the rest of it but that is beside the point. I would like to be on record as being in agreement with that portion of it. I think it is a real good point you brought out and I am glad you did it. --- _.._ �� March 4, 1970 NEW BUSINESS Parks and Recreation Director MOTION: (Hamil ) That Thomas Grimsr.ud's resignation be .accepted and �that George McClaren be appointed to replace him. Second� Mager; Vote: Unanimous . APPOINTMENT OF PLUMBING INSPECTOR 't,��' MOTION: (Hami� ) That Ken Toon be appointed as City Plumbing Inspector to replace D, A. Herridge, effective immediate7y. Second: Mager; Vo�e. Unanimous. � ORDINANCE N0. 133-E - Emer�ency Readin� - Speed Limits AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER TNE PR�VISIONS OF ARTICLE 6701D, VERNON'S TEXA� CIVIL STATUTES, UPON THE BASIS OF AN ENGINEFRING AND TRAFFIC INVFSTIGATION, UPON CERTAIN STRFETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF FRIENDSWOOD, AS SET OUT iN THIS �RDINANCE; AND PRnVIDING A PENALTY OF A FINE NOT TO EXCEED $200 FOR THE VIOLATION (1F THIS ORDINANCE. � MOTI(�N: Mager; �Second: Prude; Vote: Unanimous � ADJOURNMENT Tbe meetinq was adjourned at 11 :02 p.m. APPROVED: � �'f%s'., , 7� �.. �Li) �..�?'--�'. �'',. � -� .._...-- .��'L�2�'-�- alph . omers, Mayor Respectfull.y submitted, t�i��,�2 Bobbie C. Henry, ecretary '�