The URL can be used to link to this page

Home My WebLink AboutCC Minutes 1970-03-16 Regular � � � � � c� MINUTES OF A REGULAR MEETING (1F THE FRIENDSWOOD CITY CO�NCIL March 16, 1970 A Regular Meeting of the Friendswood City Council was held at City Hall on March 16, at 7:30 p.m. , with the following members present: Ralph W. Somers Ec�ward F. Stuart Thomas l�loods Ronald Hamil James Mager Ma,yor Councilman Councilman Councilman Councilman 4�ith a quorum present, and none absent, the followinq business was transacted: READING AND APPROVAL OF MINUTES Minutes of the meetinq of March 2 and 3, approved as written with the exception that Councilman Mager requested that his statement regarding zoning be included as a part of the minutes . ANNOl1NCEMENTS & COMMUNICATIONS FROM THE MAYOR 1 . Anril has been designated as "Sparkle un Month" and citizens are requested to call City Hall for special pick-un of items which can not be disposed of through regular garbage pick-ua. 2. The TWQB will hold a meetinq on March 27, with reaard to hearings from permit holders in the Clear Creek Basin as to why they should not be forced to initiate tertiar,y treatment in lieu of affiliatinq with CCBA. 3. TWQB will hold a show cause hearinq on March 24 reaardinq Phoenix Chemical , Cosmodyne, Intercoastal and Archem. 4. Johnny Roach , a former student and resident of Friendswood, has been killed in action in Viet Nam, the first casualt.y from Friendswood. Students from the High School have requested that they be allowed to make collections on Saturday, April 4, on the street corners , as a start toward a scholarship in commemoriation of aohnny. 5. Two aerial nhotoaranhs of the City have been received from the Federal Government.. 6. Last Saturday night, four youngsters were a�arehended in Friendswood for possession of narcotics , Today two more were apprehended. This is serious and parents of Friendswood should be made aware of the situation, PETITIONS & COMMUNICATIONS 1 . Mayor Somers, on the sub,ject of zoning, qave a lenqthy prepared statement on his views and recommendations, which, at his request, have been attached and macie a nart of these minutes . 2. Mayor Somers invited Mr. John Ward, School Sunerintendent, to give his views on the zoning question with recrard to its effect on the school system. 3. Mr. Ralph Lowe, at the Mayor's request, gave his opinion on the procedure ordinance and its use in the readings of the zoning ordinance. 4. Statements were then made from the floor by a number of citizens including Mr. Frank Coe, Mr. Stan Faber, Mr. Fd Zeitler, Mrs . Leah North , Mr. Lee Linson, Judge Rill Patton, Mrs , Dean Saurenman, Mr. Dean Saurenman, Mr. Jim Shore, and Mrs . Vir4inia Cunninqham; also from Councilmen Thomas Woods and Ronald Hamil . OLD BUSINESS 1 . Flood Insurance: A resolution designed to indicate the Cit,y's desire to narticipate in this proaram, together with documents necessary to quality, was presented for Council a�proval . _ . _ ��'�. � �� MOTION: Councilman Waods made a motion thet Council adopt the resolution. ` Second: Councilman Hamil ; Vote: Unanimous 2. �rovement of Water Wells: A bid (the only one received) for work proposed has been received from Layne-Texas in the amount of $14,888.45. , ;�`,;' MOTION: Councilman Woods made a motion that this bid be accepted. - Second: Councilman Stuart; Vote: Unanimous 3. Weber Trailer Park: MOTION: Councilman Hamil moved that Council adhere to the attorney's recommendation that this park would not be in agreement with the zoning ordinance and that the request for a permit be denied at this time. Second: Councilman Prude; Vote: Unanimous DEPARTMENTAL REPORTS Finance: Councilman Stuart requested that the auditor be contacte� and requested to appear before Council on April 6 for a discussion of the annual audit. Also, Judge Patton has requested an audit of the Corporation Court account as of April 1 . Utilities: Tech-Con was requested to finalize sevEral small items before a check is issued for the City's final nayment on their contract. Streets: Councilman Hamil made a motion that Council authori2e transfer of - 800 from "Salaries" to "Capital Outlay" in the Street Department budget, to cover the cost of the heavy duty (used) truck which the Street Department has purchased. Second: Councilman Mager; Vote: Unanimous Police: Councilman Mager moved that Council approve exnenses, includinq minor re�airs and maintenance, on Chief Wright's car until the new police car is delivered. Second: Councilman Stuart; Vote: Unanimous Parks & Recreation: Direc�or Georqe McLaren requested that Council authorize payment of tuition for him to a recreation seminar in Galveston durinq the week of March 23. MOTION: Councilman Mager made a motion that Council authorize payment of tuition f�r P�r. McLaren for this seminar, in the amount of $18.00. Second: Councilman Prude; Uote: Unanimous NEW BUSINESS Mrs. Edith Linson has requested that the City extenc� the sewer line to her property, Tract A, at the corner of Castlewood and Cedarwood. MOTI�N: Councilman Mager moved that Council accept the offer in Mrs . Linson's letter, and run a sewer line to this property with the owner payinq 50% of the cost and the City payinq 50%, the City to determine the size and t,ype of line to be installed. Second: Councilman Stuart; Vote: 4 for (Stuart, Mager, Hamil , Prude) ; 1 against (Woods) �RDINANCES Ordinance No. 132 - Zoning - 2nc� Readinq AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS PROVIDING �FOR AND ADpPTING COMPRFHENSIVE RULES AND REGULATI�NS GOVERN- ING ZONING; PROVIDING FOR �UILDI�IG PERMITS AND FEES AND CNARGES THEREFOR; REPEALING ALL �RDINANCES AND PARTS THEREOF IN CONFLICT HFREl�JITH; AND PROVIDING A PENALTY F�R VIOLATIONS HFREOF IN AN AMOUNT OF NOT LESS THIIN ONE DOLLAR AND NOT MORE THAN TWO HUNDRED DOLLARS; MAKING EACH VIOLATION A SEPARATE f1FFENSE; MAKING EACH DAY SUCH VIOLATION CONTINUES A SEPARATE (?FFENSF; AND PROVIDING F�R INJUNCTIVE REMEDIES. � � +—i C� ;'� G� e MOTION: Councilman Prude moved that Ordinance No. 132 be passed on second reading; Second: Councilman Woods; Vote: 4 for (Prude , Woods , Mager, Hamil ); 1 against (Stuart) ORDINANCES (Cont'd. ) Ordinance P�o. 133 - Speed Zone Ordinance - lst Permanent Readi AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S. TEXAS GIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INUESTIG/�TION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THERE�F, 4JITHIN THE CORPORATE LIMITS OF THE CITY OF FRIENDSWOQD, AS SET �UT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINF NOT TCl EXCEED $200 FOR THE VIOLATION OF THIS ORDINANCE. MOTION: Councilman kloods moved that Ordinance No. 133 be passed on first readinq. Second: Councilman Hamil ; Vote: Unanimous Qrdinance No. 134-E - Emerqen� Readinq (Amendment to #9R) AN ORDINANCE ESTABLISHING NEW WATER RATES IN THE CITY OF FRIENDSWOOD, TEXAS. MOTION: Councilman Woods made a motion to adont Ordinance No. 134-E on an emergency basis . Second: Councilman Flamil ; Vote: Unanimous. With reaard to Ordinance No. 69 , ,, . MOTION: Councilman Hamil moved to qive Ordinance No. 69 to the attorney so that an,y ambiguity could be written out of it. Second: Councilman Stuart MOTION: Councilman Mager made a motion to table the above motion. Second: Councilman Woods; Vote: For: Mager, Stuart, Woods Against: Hamil , Prude MOTION PASSED WARRANTS MOTION: Councilman Stuart made a motion to approve for aa,yment G&A l�arrants 3837; 3868 throuc�h 3942; and M&0 Warrants 5001 through 5029. Second: Councilman MaQer; Vote: Unanimous ADJOURNMENT Motion was made and seconded that the meetinq adjourn. The meetinq was adjourned. Respectfully submitted, ��--��--�P � �'.�� Bobbi e C . Henry�, ecret� APPROVED: � s � � � ,-. � �a , , f �" � ��,'�. ; .��'-. ,��-f��G�'Z �° Ral�h l�!.�f omers , Mayor�J �`� "�M CLOSED SESSION A short personnel session was held to consider applications for City Prosecutor. It was aqreed that the two apnlicants would be asked to meet with Council on Anril 6, prior to the next regular Council .;Meetin4. �:�9 n `�_�`� March 16, ��'.:._ ��'�� x"�,�" ,,f'f �,�''.; �.x..�% . -�r�.i--. -a. r'. TO THE FRIENDSWOOD CITY COUNCIL Gentlemen: � ' �" � '4 .,�r'w!�� '' �,,.�^�.:......e;�-�--, , `� -� �,�, ,,,��.�::'' � f � - ��4,�� ;., f��:� . ; 'x �` �' ' tr� r �� ._��'�-�: ��A �,- �� f� � �. 1970 �„�u'�`�:' �,�„� I��:�-�a�� / � Rf :rr� Vwj-�-� . _ �;%'r;.�i f' f�� ,.' �`'��i'�`�l"+ �,�� " �,� �.1',F:r,r�` ,�,X: /��F�� Y�/ The attached statement is presented to you for your serious consideration. I fee1 that I must present this to you in the interest of assisting you in passing a ,2ood zonin9 ordinance. Your serious consideration is urgently requested, Sincerely, � �� GC�, G�"�Z��'�-- Ralph W. Somers, Mayor RWS/bh This statement is directed to the City Council but it should be of general interest to all of Friendswood. I want to address my remarks to the subject of zoning in Friendswood. We are tonight scheduled to take a second reading on this very important ordinance for our City, This ordinance is very liekly the most important, the most far-reaching piece of legislation ever considered by a Friendswood City Council . Gentlemen, I believe that if ever there was a time for unity of the whole of the City of Friendswood it is now. We need a unanimity of purpose which addresses itself to the goal of establishing basic legislation designed to serve the whole city in a truly beneficial way. This unanimity of purpose must be particularly apparent on the City Council . I believe that this Council is now and has always worked as individuals but one which has always been united in one objective. That objective was and is to work to the best of their ability to make Friendswood a more desirable place, to make Friendswood more than just a place where people live, to make this a City in which we can all take pride. Your past actions have indicated a real concern that the City provide for its citizens an atmosphere which is conducive to pleasant orderly suburban living, I believe this has been the basic motivation in your efforts to provide the City with a good zoning ordinance. I agree with you that we urgentl_y need a zoning ordinance--an ordinance which will guarantee to the home owner that his place of residence will be protected from the encroachment of those who would inadvertently destroy the value of his property as a result of an undesirable profit-making activity. Yes, we need this kind of an ordinance. But we need more. We should not and can not be exclusively motivated by the need for resi entia property protection. There are other and e uall im ortant safeguards needed. If we are to ever have the kind of a City that I be ieve most of us want, we must provide for balanced growth. This phrase "balanced growth" means different things to different people. To me, it means an orderly growth with basic guidelines which provides for overall protection of property with ample provisions to encourage quality residential development and to encourage the business and commercial growth of the City. We should all be keenly aware that these two activities-- residential and business development--complement each other in a very real way. With proper planning there need be no conflict of purpose. With this planning and an energetic implementation of same, we, the citizens of Friendswood, can have in our city the things we desire at a price we can afford. If we do not attain this balanced growth, we can never develop the city on a sound economic basis. In the past the City has indicated this to be a guiding philosophy. Some five years ago the City engaged the Bovay Engineers to develop a land use plan at a cost of $16,000. Less than two years ago, we paid $2,000.00 to the Heimsath Arthitectural firm of Houston to develop an archiiectural theme for our business center. These moves were motivated for the specific purpose of providing controlled balanced growth and to promote a healthy business climate in Friendswood simultaneous with the qualities we desire in our residentia1 areas. However, we are now about to reverse ourselves and enact an ordinance which will not encourage business growth. Indeed, the ordinance, as it now stands will discourage business growth in Friendswood. Let me cite you two current examp7es where business growth has been discouraged: On Tuesday morning following the March 2 Council Meeting} one business venture into Friendswood was cancelled. This particular business enterprise was beyond the planning stage--it was on the drawing board, It would not have been an undesirable business in any respect, It would have increased our tax ase by approximately $1 ,000,000 or 4% of the current tax base. It wou fiave employed approximately ten persons. Another business expansion now underway will not be legal as our ordinance now stands. This is also a desirable type business which would add to our tax base. These two very real examples make it clear that we did, in the short period of one Council Meeting, take action which will create a heavier tax burden for our citizens resulting from the loss of these activities. I fear this is only the beginning of declining interest in business development in Friendswood. This city urgently needs such development. May I point out that the tax picture in Friendswood is not fixed. Taxes can be and will be raised from time to time as the need arises. Friendswood citizens wil] pay more taxes in 1970 than they did in 1969. The Friendswood School Board not plans a minimum tax increase of 14% which amounts to $34.00 er ear on a $20,000 home. I ave ma e sorne pro�ections into t e ity u geting ma ing the best estimate I could using the latest data we have on our tax base and utility connections, It now appears that we will have a deficit of approximately $20,000 or possibly more if we continue to provide the same services we are now providing. Page 2 And note this, this projection makes no provision for capital expenditures on new projects or renovation work. It is based on daily operating expenses. It would appear at this time that the City will have to give serious consideration to a tax increase this year. And this is to simply maintain our present standard of living. Consider all our needs that we have not yet been able to attain. Consider the problem of drainage. The City badly needs storm sewer improvements on many streets such as Castlewood, Heritage, Woodlawn, and Spreading Oaks. Roadside ditches here are deep and dangerous, Consider the drainage ditch running through the Whitehall-Kingspark area. How much longer can we expect these citizens to tolerate this large, unsightly property distracting and potentially dangerous open ditch to exist. We all recognize the need for storm sewers here, To get these, the city would need a tax bond which would increase taxes still further. There are many more areas of real concern such as the community civic center, new fire station, expanded police service physical facilities, and on and on. I have pointed these needs out to you to emphasize the real need for prudent Council action designed to promote the overall welfare of our City with full recognition of the tremendous task ahead. We can have these items of need in due time if we work toward them on a continuin basis. It is our o igation as elected officials to ever irect our attention to these matt�rs. One all- important factor needed is a united effort with City Council , Planning Commission, Drainage Board, School Board, Chamber of Commerce, and Civic and Service clubs working as a team. The City Council must provide effective leadership. It is not enough that we legislate to provide a degree of protection for the home owner. Our zoning ordinance must be designed specifically for Friendswood with the overall interest of Friendswood as the prime motivator. At one of the sessions on this ordinance, a citizen stated that they wouldn't mind a slight tax increase if that was necessary to protect their home. To this we can say that a tax increase may well be necessary but not for the purpose of protecting a residential area. We can provide this protection, if we will , by enacting a properly designed ordinance that will both provide the desired protection and promote the financial well-being of the City of Friendswood. I do not believe the citizens of Friendswood will accept a tax increase as a result of an ordinance which was ill advised and does act to discoura�e a balanced qrowth situation. Gentlemen, these remarks are not meant to imply that the Council was in error to undertake the enacting of a zoning ordinance. I believe you acted properly and responsibly as an elected officia1 should act, when you embarked on the program of zoning in Friendswood, However, it seems to me that we got lost somewhere along the way. I want to emphasize to you that I favor zoning and I be1ieve that a large majority of our citizens, including the business interests also favor zoning. I am suggesting we take a serious look at what we are doing and avoid the rather common human error of becoming so engrossed in a project that we lose our perspective. Some suggested points to look into are as follows: First, the permitted uses in the zoning districts are much too restrictive. We should be able to write an examp1etory list of permitted uses and one of unpermitted uses which would make it quite clear what our intentions are. Such a 1ist could be used by the Chamber of Commerce to present real proof that there does exist in Friendswood an atmosphere which does encourage proper and selective business activity. I would further suggest that one district for commercial and light industry is a practical solution to further improve the image we wish to project. For example, if we consider an isntrument assembly shop desirable, it matters little whether that business is located on or off the highway. Secondly, I am not sure we are wise in zoning a 200' business strip. This may possibly be bad in that it would create more serious traffic problems. We might be wise to deepen this strip. Thirdly, there is the problem of the small business man now located in what we zoned as R-1 or R-2. Are we just in telling this man he can not expand his business? He may well have been there before we came on the Council . His neighbors possibly haven't complained then or now. Yet we, by this ordinance, would tell him that he can no longer plan to expand his business at this location even though he may have planned and saved for this purpose. It is not enough that Councilman Mager has flagged this . descrepancy and has suggested that so soon as the ordinance is passed we proceed to take proper corrective action. If our ordinance is bad, we should correct it now--not after it becomes law. Page 3 Fourthly, we need to provide in the ordinance designations for areas which are to provide for city physical installations such as library, wells, lift stations, etc. Also, parks should not be ignored on the zoning map, Fifth, we need have more logic in establishing the districts. As an example the Patton property at Morningside and Magnolia was zoned Commercia1 while the Glines property immediately across the street was not zoned Commercial even though Mr. Glines requested that this be done, The reason for rejecting Mr. Glines' request was that "we have to stop somewhere." Finally, I want to suggest to you again that there is a very serious question on the legality of our action in modifying our ordinance and taking a reading immediately thereafter. I suggested this to you at the workshop meeting of February 23 and at the Council meeting of March 2. I have no doubt that the intent of Ordinance 69 was to avoid such action. Gentlemen, I am appealing to you to reconsider your action. Leave us dig deeply and bring forth that human trait called empathy, Let's truly try to understand that as it concerns everyone and do our very best to resolve the total prob1em. We do have a problem. Our community is seriously divided on this issue. Our schools are involved as our action here effects the operation of the schools very considerably. Some of our most able leaders are puzzled at our action. I believe we can pass a zoning ordinance which will provide what we all want in the ordinance--namely to enrich Friendswood through balanced growth taking into consideration the needs and desires of all of our citizens both today and in the future. This Council is as capable as any Council in the United States. You can solve this problem. You must evaluate your action today as it wi11 look ten years down the road. We must be certain we are giving it our ver best in the interest of the whole community. We must strive for that utopia o a united front. I am requesting that you do not vote on this ordinance tonight and instead that you table the ordinance and take it back to workshop for a thorough review. I am further requesting that you appoint an advisory committee of c�tizens representing all segments of the community, to assist you, Shou1d you fee1 the ;9 need of professional advice I urge that you take appropriate action to obtain ' same. . Gentlemen, I sincerely believe you will be rendering a genuine public service by accepting these recommendations. Sincerely, �t Ra1ph . Somers