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1987-03-09 CITY COUNCIL REGULAR MEETING MINUTES91 MIMTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 9, 1987, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Dennis Frauenberger Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE Stella Roberts Richard Tetens James Bost Charles Mack Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by Andy Wilson, Executive Director of the Bay Area Council - Boy Scouts of America. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the Minutes of the Regular Meeting of February 23, 1987, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Jim Hodges, President of the Pearland Police Officers Association, conducted an awards ceremony to honor citizens who have distinguished themselves in the community. Officer Hodges, with the assistance of Officer Sonny Atkins, presented the following awards, along with a description of each of the deeds performed: Certificates of Appreciation to V. C. McWhirter, Marita Irmiter, and Bill and Marsha Ebeling. Meritorious Service Awards to James Naiser, Evan Middleton and Sgt. Robert Cuna. In addition to the award, each honoree received a free ticket to the Police Officers Association Dance on March 13. Mayor Reid read a letter he received from Bob Wicklander who is a Councilman for the City of Friendswood. In the letter Councilman Wicklander praised Officer A. G. Garza for the manner in which he performed his duties, as related to him by his daughter who was recently stopped by Officer Garza for a traffic violation. Mayor Reid presented the letter to Chief of Police Bob Riemenschneider to place a copy in Officer Garza's personnel file. Andy Wilson, Executive Director of the Bay Area Council of the Boy Scouts of America spoke about the 1987 Sustaining Membership Campaign now being conducted. Mayor Reid presented Mr. Wilson with a check as his personal donation to the campaign. Councilmember Roberts reported that on Saturday, April 11, Clean Pearland will con- duct a Clean Up Day in the city and she urged everyone to help. City Manager Ron Wicker reported that over the past two years we have been working to upgrade our sewer treatment plants at Longwood and Barry Rose Road. The project is not totally complete but we are using these plants and he invited the Council to go out and see the quality of effluent that is coming out. We are far exceeding the State requirements, he said. 92 Mayor Reid recognized former Councilman Al Lentz from the audience. CITIZENS 1. Peter K. Karras, Jr., 1209 Esther, Kemah, Texas. Mr. Karras informed Council he was an insurance agent and would like to request a revision of Chapter 22 of City Code of Ordinances, to exempt State licensed insurance agents, going door to door, from Peddlers Permit Fees and bond requirements. CHANGE IN THE ORDER OF BUSINESS NEW BUSINESS COUNCIL CONSIDERATION ON REQUEST BY PETER KARRAS, J% FOR REVISION OF CHAPTER 22 OF CITY CODE OF ORDINANCES, TO EXEMPT STATE LICENSED INSURANCE AGENTS, GOING DOOR TO DOOR, FROM PEDDLERS PERMIT FEES AND BOND REQUIREIKENTS P,Ir. Karras stated he feels State licensed insurance agents, going door to door, should be exempt from Peddlers fees and bond requirements because they have already been submitted to a variety of tests, security checks, and licensing; fees in obtain- ing the State license; also each insurance company is bonded. City Attorney Luke Daniel advised that a recent case involving the City of Hillsboro dealt with their City's Peddlers Ordinance which is almost identical to ours. That case was resolved in favor of the insurance agent, to the effect that he did not have to pay any additional permit fees to the City nor post any additional bonds. The rationale being he was licensed and bonded by the State of Texas under a separate code, the Insurance Code. In a general discussion it was brought out that the revised Ordinance could require a licensed insurance agent to register with the City, showing proof he is licensed and bonded with the State, with no fee or bond required, but the ordinance would be enforceable as to what time and what methods the agent could use to solicit in the City. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the City Attorney be authorized to prepare for Council's consideration the necessary revisions to Chapter 22 of the City Code of Ordinances to permit a permanently State licensed insurance agent from having to pay the fees, in accordance with Chapter 22, but still be required to obtain a permit, renewable on an appropriate schedule and any other necessary revisions that the City Attorney feels is necessary under Chapter 22 at the present time. Motion passed 5 to 0. CITIZENS (Continued) 2. Irene Johnson, 2105 Moss Creek. Mrs. Johnson appeared before Council with a request for approval of route of Bike-a-Thon/Parade on Saturday, March 28 at approxi- mately 10:00 A.M. Mrs. Johnson stated the parade was in support of the School Bond Election and the parade would begin in the parking lot area of the High School on Galveston Street, going south on Galveston, making a left onto F.M. 518 and continuing on, ending at the old T G & Y center. NEW BUSINESS (Continued) COUNCIL DECISION ON REQUEST BY IRENE JOHNSON FOR APPROVAL OF BIKE-A-THON/PARADE ROUTE IN SUPPORT OF UPCOMING SCHOOL BOND ELECTION Chief of Police Bob Riemenschneider advised he had reviewed the features of the request by Mrs. Johnson, in particular the safety features, and she has agreed to the suggestions made. Chief Riemenschneider stated he saw no problems with the route of the parade. It was mentioned in a discussion that this would be the time for some good publicity for teaching the children bike safety. It was moved by Councilmember Bost, seconded by Councilmember Mack, that Council approve the request by Irene Johnson for a bike-a-thon parade route, in support of the upcoming School Bond election, to be held on March 28, 1987. Motion passed 5 to 0. 93 APPOINTMENT OF INITIAL MEMBER TO BOARD OF DIRECTORS FOR MUNICIPAL UTILITY DISTRICT NO. 6 It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Council appoint Doyle Granad, 2302 Shadybend, for membership on the Board of Directors for Municipal Utility District No. 6. .lotion passed 5 to 0. MOM ORDINANCE W. 533, ORDINANCE DECLARING THE PUBLIC NECESSITY FOR IMPROVEMETPS ALONG F.M. 518 WITHIN THE CITY OF PEARLAND FROM WESTMINISTER STREET TO THE GALVESTON COUNTY LINE, AND FURTHER DECLARING THE PUBLIC NECESSITY TO OBTAIN RIGHT-OF-WAY AS 11]M)ID TO ENSURE A CONTIDAJOUS 100' RIGHT-OF-WAY THEREUPON Ordinance No. 533 read in caption by Councilmember Roberts. (Second Reading) It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Ordinance No. 533 be passed and approved on the second and final reading. Said Ordinance No. 533 reads in caption as follows: ORDINANCE NO. 533 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE PUBLIC NECESSITY FOR THE IMPROVEMENT AND WIDENING OF F.M. 518 FROM WESTMINISTER STREET EAST TO THE GALVESTON COUNTY LINE IN THE CITY AND FOR THE ACQUISITION OF RIGHT-OF-WAY FOR SAME; PROVIDING FOR AN EFFECTIVE DATE, AND HAVING OTHER PRO- VISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS: (Continued) PROPOSAL FROM EARL LAIRSON AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO EXANINE THE FINANCIAL STATEMENTS OF THE VARIOUS FUNDS FOR THE YEAR ENDING SEPTEMEM 30, 1987 City Manager Ron Wicker advised that this is a professional service that is provided the City and he believes it has been done in an excellent manner in the past and he recommends the City again utilize the services of Earl Lairson and Company at a fee not to exceed $14,500 plus cash expenses. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Earl Lairson and Company be engaged to perform the audit for 1987 as outlined in his proposal of March 3, 1987 to the Mayor and Counci lmembers, for a fee not to exceed $14,500 plus cash expenses, and the Mayor be authorized to sign the acceptance document. Motion passed 5 to 0. RESOLUTION NO. R87-10, RESOLUTION AMENDING RESOLUTION 140. R86-30 AND THE AGREEMENT THEREIN ADOPTED BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSW00D FOR THE PROVISION OF WATER AND SEWER SERVICE, CORRECTING PERCENTPAGES OF AD VALOREM TAXES TO BE PAID Resolution No. R87-10 read in its entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Resolution No. R87-10 be passed and approved on the first and only reading. Said Resolution No. R87-10 reads in caption as follows: RESOLUTION NO. R87-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING RESO- LUTION NO. R86-30 AND THE AGREEMENT THEREIN ADOPTED BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE, CORRECTING PERCENTAGES OF AD VALOREM TAXES TO BE PAID. 67A Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B87-2, INSTALLATION OF GASOLINE TANK AND CONTROL SYSTEM City Manager Ron Wicker explained that Staff is still reviewing the bids. Mayor Reid advised this item will be passed to a future agenda. RECEIVE INTO THE RECORDS RECOMMENDATION FROM PLANNING AND ZON M COMMISSION ON SIGN ' ORDINANCE AMENDMENT TO LAND USE AND URBAN DEVELOPMENT ORDINANCE NO. 509, AND CALL OF A WORKSHOP ON SAME It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Council receive into the records recommendations from Planning and Zoning Commission on Sign Ordinance amendment to Land Use and Urban Development Ordinance No. 509, and call a workshop meeting for Monday, April 6, 1987, following the Special Meeting on that night for canvassing the votes. Motion passed 5 to 0. ADJOURN The meeting adjourned at 8:30 P.M. Minutes approved as submitted and/or corrected this o2- day of A. D., 1987. ATTEST: % �-�- City S retary 4 4�,jMayor