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1972-08-14 CITY COUNCIL REGULAR MEETING MINUTES92 MINUTES OF A REGULAR MEETING OF THE PEARLAND CITY COUNCIL HELD ON AUGUST 14, 1972, AT 7:00 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order by Mayor McComb with the following present: Mayor Carlton McComb Councilman Cecil W. Griffin (Entered 7:10 P. M.)' Councilman E. A. Wasek Councilman Gene E. Sanders i Councilman James 0. DeShazer Councilman Benny J. Frank City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Dr. Forrest Hawkins. The Pledge of Allegiance was led by Mrs. Kelly Davis of the Pearland Garden Club. APPROVAL OF MINUTES: It was moved by Councilman Frank, seconded by Councilman DeShazer that the minutes of the regular meeting held on July 24, 1972, be approved as submitted. Motion passed 4 to 0. It was moved by Councilman Sanders, seconded by Councilman Frank that the minutes .� of a special meeting held on August 2, 1972, be approved as submitted. Motion passed 3 to 0. Councilman DeShazer abstained. APPROVAL OF EXPENSES: It was moved by Councilman Frank, seconded by Councilman Wasek that the following checks be approved for payment: General Fund Payroll Water &,Sewer Payroll General Fund Expenditures Water & Sewer Expenditures Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: None COUNCIL'S ACTIVITY REPORT; Nos. 6412 through 6465 6466 through 6477 4550,.', through 4622 5708 through 5727 SAFETY COMMITTEE REPORT: >Councilman Sanders reported that the Safety Committee would have a recommendation on the item of New Business (2. Petitions - Residents of Galveston.Avenue & Plum Street) at the time this matter is' -brought before the Council. BEAUTIFICATION COMMITTEE REPORT: Councilman DeShazer reported that the Beautification Committee would have a recommendation on the item of'New Business (6. First Reading - Ordinance on Wrecked Cars, etc.) at the 91 time this matter is brought before the Council. DEPARTMENTAL REPORTS: None CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: SCHEDULING OF PUBLIC HEARING —STREET ASSESSMENT ON ROBINSON DRIVE: City Manager Wolff advised the City Council that he recommended that the date. of Hearing for Street Assessment on Robinson Drive for 7:30 P. M., September 12, 1972. This would give adequate time for proper notices in cornliance with the law. Mayor McComb asked for objections, if any, from the Council, and hearing none, set the date for the Public Hearing for 7:30 P. M. September 12, 1972 and directed the City Secretary to take care of all notices to comply with the law. NEW BUSINESS: PETITIONS - RESIDENTS OF NORTH END AREA REGARDING AIR AND WATER POLLUTION BY CHEMICAL COMPANY: Mayor McComb read the following petition signed by some 105 people: It We .the undersigned citizens of Pearland hereby petition the responsible authorities to enforce the Miller Chemical Company of Rice Drier Road to comply with existing air and water pollution standards in order that the area be rid of noxious odors caused by the improper operation of said plant in regard to waste disposal of highly volatile waste products,is dumped into open pits and fouls the air with odors causing nausea to neighboring residents." Mayor McComb requested the Council,by motion, to receive this into the minutes of the meeting. It was moved by Councilman DeShazer, seconded by Councilman.Sanders that this petition be received into the records by the City Council. Motion passed 5 to 0. Mayor McComb requested that the City Manager give a short resume of the City's involve- ment with this plant over the last few months. Mr. Wolff reported that some months ago the McGinnis Manufacturing Company located on Rice Drier Road reported odor and drainage problems in the area from this plant. Effluent from the Chemical Company operated by Mr. Emory Miller was being dumped into the ditch on Rice Drier Road. This was also reported to the local branch of the TExas Water Quality Board. We verified that there was a problem'and had the City's chemist take a sample of this material to determine it's toxicity and give some idea of the content. The TWQB advised us that an inspection had been made and found the same thing as the City's chemist had found. We have on record the results of our analysis. The TWQB advised the City that it would prefer to handle this violation directly rather than working with the City. We also found two other violations which are not within the scope of the TWQB. This was equipment being stored on the City's right-of-way, and after discussion with the owner of the plant, this equipment was removed. 94 Mr. John Latchford, Jr., District Supervisor of TWQB advised us that Mr. Miller has submitted a plan, in writing, for the abatement of this pollution nuisance. Mr. Latchford informed us that since the odor was coming from water, it would be within the jurisdiction of the TWQB to handle this complaint as well as the water going into the bar ditch. He requested that a copy of the petition be sent to him and he assured me he would have one of his investigators meet with Mr. Miller again. We have also found a violation of an existing City Ordinance relating to the installation of electric wiring. We have had some communications with Mr. Miller regarding this matter. Copy of letter to Mr. Latchford enclosing the petition to be sent to Mr. Davis Ferri, the citizen who presented the petition. PETITIONS - RESIDENTS OF GALVESTON AVENUE AND PLUM STREET REQUESTING NO PARKING IN AREA OF HIGH SCHOOL: Mayor McComb read petitions from the residents on Galveston Avenue living across from the school plant as follows: "We, the undersigned property owners, owning property across Galveston Avenue from the Pearland High School Campus, do hereby request that the Mayor and City Council designate both sides of Galveston Avenue as a "No Parking" zone during school hours and on school days. We respectfully request that no on -street parking be allowed from the FM Road 518 intersection with Galveston Avenue, northward to the intersection of Plum Street and Galveston Avenue. The favorable consideration of this request by the Mayor and City Council is earnestly solicited in this request." This petition signed by 8 citizens. Mayor McComb also advised the Council that the other petition, signed by 3 citizens, ce covered the area from Galveston Avenue to the/ it nsc of r school parking lot on Plum Street. It was moved by Councilman DeShazer, seconded by Councilman Frank that the two petitions be received into the records of the City. Motion passed 5 to 0. Councilman Sanders, reporting for the Safety Committee, stated that the City had received a previous request from the School District for "No Parking" zones in the same areas. Councilman DeShazer reported that the Chief of Police had contacted the residents involved in the petitions and found that parked cars were also a problem after school hours. This due to activities at the school and people parking on Galveston Avenue and Plum Street, and on occasions blocking the driveways. Councilman Sanders stated that limited "No Parking" zones were virtually unenforceable, therefore, the Safety Committee recommended the following motion: It was moved by Councilman Sanders, seconded by Councilman Wasek that an.ordinance' be drafted for passage by the City Council authorizing the erection of the "No Parking" signs in the areas outlined in the two petitions. Motion passed 5 to 0. APPROVAL OF CONTRACT WITH AD VALOREM RECORDS, INC. FOR PREPARTION OF CURRENT TAX ROLL: It was moved by Councilman DeShazer, seconded by Councilman Sanders that the Mayor and City Council approve the contract with Ad Valorem Records, Inc. for preparation of the current tax roll. Motion passed 5 to 0. :l5 APPROVAL OF DELINQUENT TAX CONTRACT - PERRY .ARCHER, ATTORNEY/AD VALOREM RECORDS,.INC.: It was moved by Councilman Frank, seconded by Councilman Griffin that the City Council approve the Delinquent Tax Contract with Perry Archer, Attorney, as presented. Motion passed 5 to 0. FIRST READING - AMENDMENT TO DOG ORDINANCE: i Councilman Frank read the proposed amendment to the Dog Ordinance in full. He advised that it was the recommendation of the Ordinance Committee that this ordinance be passed and approved. It was moved by Councilman Frank, seconded by Councilman Sanders that Ordinance No. 173A, amendment to the Dog Ordinance, be passed and approved on first reading. Said Ordinance No. 173A reads in caption as follows: ORDINANCE NO. 173A AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION XIV OF ORDINANCE NO. 173; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Voting "aye" - Councilman Frank, Councilman Wasek, Councilman DeShazer, Councilman Sanders, and Councilman Griffin. r— voting "no" - none Motion passed 5 to 0. FIRST READING - ORDINANCE ON WRECKED OR JUNKED CARS WITHIN THE CITY LIMITS: Councilman DeShazer, Chairman of the Beautification Committee read the proposed ordinance declaring junk vehicles a public nuisance, in full. The Committee recommended passage of this Ordinance. It was moved by Councilman DeShazer, seconded by Councilman Frank that Ordinance No. 235, be passed and approved on first reading. Said Ordinance No. 235 reads in caption as follows: ORDINANCE NO. 235 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, DECLARING JUNK VEHICLES PUBLIC NUISANCE: PRESCRIBING CERTAIN DEFINITIONS; PROVIDING FOR ADMINISTRATIONS AND AUTHORIZING ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR NOTICE TO ABATE PUBLIC NUISANCE, FOR A PUBLIC HEARING WHEN REQUESTED, FOR ENTERING OF ORDER FOR REMOVAL OF A VEHICLE BY CHIEF OF POLICE AND FOR SALE OF REMOVED VEHICLE; PROVIDING THAT NO REMOVED VEHICLE SHALL BE RECONSTRUCTED; PROVIDING FOR NOTICE TO THE TEXAS HIGHWAY DEPARTMENT; MAKING THE PROVISIONS HEREOF INAPPLICABLE IN CERTAIN CASES; REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SE- VERABILITY CLAUSE AND AN EFFECTIVE DATE. Voting "aye" - Councilman Griffin, Councilman Sanders, Councilman DeShazer, Councilman Frank, and Councilman Wasek. Voting " no" - None 96 Motion passed 5 to 0. ADJOURN: It was moved by Councilman Frank, seconded by Councilman DeShazer that the meeting adjourn. Motion passed 5 to 0. Meeting adjourned 8:07 P. M. _ Mayor McComb announced that the Public Hearing on the Budget would be held at 8:30 P. M. . Minutes approved as corrected and/or submitted this .,,9j day of A. D. 1972. )& A�7t�- Mayor, City of Pearland, Texas Attest: C;�2 1 - I City Secretary