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1996-07-22 CITY COUNCIL REGULAR MEETING MINUTES27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 22, 1996, AT 7:30 P. M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Tom Reid Councilmember Helen Beckman Councilmember/Mayor Pro Tem Jerry Richardson Councilmember Larry Wilkins Councilmember Kevin Cole City Manager Paul Grohman City Attorney Amy McCullough City Secretary Yolanda C. Benitez Others in attendance: Assistant City Managers Glen Erwin and Richard Burdine; City Engineer John Hargrove; Assistant Police Chief Chris Doyle; Emergency Management Coordinator David Smith; Strategic Planning Coordinator Janet Berry and Director of Finance Jim Causey. Absent: Councilmember Richard Tetens INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Pro Tem Jerry Richardson and the Pledge of Allegiance was led by City Manager Paul Grohman. APPROVAL OF MINUTES Councilmember Cole moved that the minutes of the Joint Public Hearing held on July 8, 1996, 7:00 p.m., be approved as presented. The motion was seconded by Councilmember Wilkins. Motion passed 3 to 0, with Mayor Pro Tem Jerry Richardson abstaining as he was absent from that meeting. Councilmember Cole moved that the minutes of the Regular Meeting held on July 8, 1996, 7:30 p.m., be approved as presented. The motion was seconded by Councilmember Beckman. Motion passed 3 to 0, with Mayor Pro Tem Jerry Richardson abstaining as he was absent from that meeting. MAYOR'S ACTIVITY REPORT Mayor Reid introduced Mr. Joe Gillespie, Service Area Manager for HL&P, who was attending the Council meeting. Mayor Reid and Councilmember Kevin Cole presented a proclamation to Officer Matt Zepeda in recognition of "National Night Out" which will take place on August 6, 1996. Officer Zepeda invited the Councilmembers and citizens to take part in activities in their respective neighborhoods and/or throughout the City of Pearland. This is the 7th year that the City of Pearland has taken part in this activity. The Distinguished Budget Presentation Award was given by Mayor Reid and City Manager Paul Grohman to Director of Finance Jim Causey and Chief Accountant Janet Eastburn. Mr. Causey commended Janet Eastburn for her work in receiving this award and stated that the City of Pearland was one of very few cities who received both the Distinguished Budget award and the Award of Excellence for the CAFR. Mayor Reid thanked Janet Eastburn for her continued efforts in obtaining these awards. Mayor Reid reported on his activities during the past two weeks which included: Clean Pearland Governors Award ceremony in Irving, Texas on July 12th, PEDC public hearing on July 15th, Brazoria County Cities Association meeting on July 17th, presentation of a proclamation to "Partners for Pearland" at the Pearland Bowling alley on July 20th. The Mayor recognized the members of Clean Pearland who were in attendance at the Council meeting. Board member Stella Roberts emphasized that the "City of Pearland" had won this award and noted that it could not have been done without help from the Council and staff. Mayor Reid announced that a committee will be formed to make plans and recommendations for the use of the funds included with this award. He requested recommendations for committee members from Delores Fenwick and Stella Roberts. COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that she attended the Adult Reading Center Board meeting on July 10th, and the Clean Pearland Award presentation in Irving on July 12th. She expressed concerns she has heard from a number of citizens regarding the sign ordinance and enforcement of this ordinance. Councilmember Richardson reported that he attended the Clean Pearland celebration in Irving on July 12th and the Strategic Planning project meeting concerning the tree 29 ordinance earlier that week. He expressed his appreciation to Stella Roberts for her comments regarding the receipt of the Governor's Award, and noted what a joy it is to have an organization such as Clean Pearland whose members expend a tremendous amount of energy into positive activities for the City of Pearland. Mayor Reid announced that Fran Coppinger was elected President-elect of Keep Texas Beautiful for the coming year and commended her for that achievement. Councilmember Wilkins reported that he attended the Clean Pearland Award presentation on July 12th, and the Concert in the Park in Friendswood. Councilmember Wilkins suggested that the City of Pearland look into having this type of activity in the future. He commended Delores Fenwick for her work with Clean Pearland. Councilmember Cole reported that he attended the July 12th Keep Texas Beautiful awards ceremony in Irving, and he congratulated the Clean Pearland Boardmembers and volunteers on the receipt of this award. He echoed Councilmember Beckman's comments concerning the sign ordinance and its enforcement. CITY MANAGER'S REPORT City Manager Paul Grohman acknowledged the City staff who regularly attend Council meetings and those behind the scenes who normally do not attend, but were in attendance this evening, such as: Chris Doyle, Assistant Police Chief; Janet Berry and Marilyn Shanklin, Grants Department and Strategic Planning; Paul Dillon, Police Civilian Supervisor; and Keith Bonner, Assistant EMS Director/Volunteer. CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: SECOND READING OF ORDINANCE NO. 509-75 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON A 2.0511 ACRE TRACT OUT OF THE PERRY AND AUSTIN LEAGUE SURVEY ABSTRACT 111, (2809 LONGWOOD) FROM CLASSIFICATION SINGLE FAMILYDWELLING DISTRICT (R-1) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF DANIEL D. RUCKER, AGENT FOR ROBERT E. EIGNUS, OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED �-- TO THE SUBJECT. Councilmember Beckman moved for the adoption of Ordinance No. 509-75 on its second and final reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, and Beckman. Voting "No" - None. Motion passed 4 to 0. NEW BUSINESS: EXCUSE ABSENCE OF COUNCILMEMBER JERRY RICHARDSON FROM JOINT PUBLIC HEARING AND REGULAR MEETING HELD ON JULY 8, 1996. Councilmember Wilkins moved to excuse the absence of Councilmember Jerry Richardson from the Joint Public Hearing and the Regular meeting held on July 8, 1996. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Cole, Wilkins, and Beckman. Voting "No" - None. Motion passed 3 to 0. FIRST READING OF ORDINANCE NO. 509-76 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON 9.022 ACRES OF LAND, OUT OF LOT 27 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY'S SUBDIVISION OF SECTION NO. 21, H.T.&B.R.R. CO. SURVEY, ABSTRACT NO, 309, ACCORDING TO A MAP OR PLAT OF SAID SUBDIVISION RECORDED IN BOOK 2, PAGES 23 AND 24 OF THE MAP OR PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, SAID TRACT OF LAND BEING THE REMAINDER OF LOT 27 AFTER A 0.978 ACRE TRACT OF LAND WAS CONVEYED TO THE STATE OF TEXAS, AS RECORDED IN VOLUME 1552, PAGE 997 OF THE BRAZORIA COUNTY DEED RECORDS FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF AGNES M. VIADA, OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Richardson moved for the adoption of Ordinance No. 509-76 on its first reading. The motion was seconded by Councilmember Beckman. Mayor Reid read the letter of recommendation from the Planning & Zoning Commission. Voting "Aye" - Councilmembers Beckman, Richardson, Wilkins, and Cole. Voting "No" - None. 31 Motion passed 4 to 0. FIRST READING OF ORDINANCE NO. 509-77 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITYOF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR AN EXISTING SINGLE FAMILY DWELLING LOCATED IN A GENERAL BUSINESS DISTRICT ON 9.022 ACRES OF LAND, OUT OF LOT 27 OF THE ALLISON-RICHEY GULF COAST HOME COMPANY'S SUBDIVISION OF SECTION NO. 21, H.T.&B.R.R. CO. SURVEY, ABSTRACT NO. 309, ACCORDING TO A MAP OR PLAT OF SAID SUBDIVISION RECORDED IN BOOK 2, PAGES 23 AND 24 OF THE MAP OR PLAT RECORDS OF BRAZORIA COUNTY, TEXAS, SAID TRACT OF LAND BEING THE REMAINDER OF LOT 27 AFTER A 0.978 ACRE TRACT OF LAND WAS CONVEYED TO THE STATE OF TEXAS, AS RECORDED IN VOLUME 1552, PAGE 997 OF THE BRAZORIA COUNTY DEED RECORDS (2718 OLD CHOCOLATE BAYOU ROAD) AT THE REQUEST OF AGNES M. VIADA, OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Wilkins made a motion to accept Ordinance No. 509-77 on its first reading. The motion was seconded by Councilmember Cole. Mayor Reid read the letter of recommendation submitted by the Planning & Zoning Commission with regard to this ordinance. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson and Beckman. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R96-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR AND EXECUTE ALL AGREEMENTS ASSOCIATED WITH A TEXAS DEPARTMENT OF TRANSPORTATION GRANT TO CONDUCT A SAFE AND SOBER WAVE SELECTION TRAFFIC ENFORCEMENT PROGRAM. Councilmember Cole moved for the adoption of Resolution No. R96-37. The motion was seconded by Councilmember Richardson. Assistant Police Chief Chris Doyle presented this item for Council consideration and noted that this program will be funded through surplus Federal Government grant funds. The Pearland Police Department was invited to participate in the program this year, and they have elected to target DWI's, seat belt violations and speeding violations. The program will run over the Labor Day weekend. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson and Beckman. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R96-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR AND EXECUTE ALL AGREEMENTS ASSOCIATED WITH THE EMERGENCY MANAGEMENT LOCAL PROJECTS GRANT PROGRAM AND COMMITTING THE NECESSARY RESOURCES. Councilmerriber Beckman moved for the adoption of Resolution No. R96-38. The motion was seconded by Councilmember Richardson. Strategic Planning Coordinator Janet Berry presented this item for Council consideration. She pointed out that these grant funds would be used to purchase an automatic defibrillator at a total cost of $5200, with a 50% local match of $2600 which would be paid by EMS. Ms. Berry requested Council approval of this resolution. Emergency Management Director David Smith stated that this equipment is used on 20-25% of the ambulance runs performed by the EMS. Voting "Aye" - Councilmembers Beckman, Richardson, Wilkins, and Cole. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R96-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE NECESSARY AGREEMENTS RELATED TO A GRANT REQUEST TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE CONSTRUCTION OF A BIKEWAY/PEDESTRIAN FACILITY AND ALLOCATING MATCHING FUNDS. Councilmember Richardson moved for the adoption of Resolution No. R96-39. The motion was seconded by Councilmember Beckman. Strategic Planning Coordinator Janet Berry presented this item for Council consideration and approval. She stated that this grant will go towards installing a 5,000 foot long bikeway/pedestrian trail which will be approximately 7 feet wide. It will connect approximately four neighborhoods. Ms. Berry reviewed the areas which would be served by the bikeway/pedestrian trail. The trail will be constructed from crushed granite, and it will require a 50% local match. Ms. Berry announced that Clean Pearland has pledged $10,000 towards this project; making the City's portion of the cost $21,000. Lengthy discussion ensued concerning the details of this project, with questions being answered by City Manager Paul Grohman and Assistant City Manager Richard Burdine. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson and Beckman. Voting "No" - None. Motion passed 4 to 0. City Attorney Amy McCullough recommended that the following two ordinances be read and acted upon together. FIRST READING OF ORDINANCE NO. 734 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING, IN ITS ENTIRETY, CHAPTER 16, MASSAGE ESTABLISHMENTS, OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED; HAVING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. FIRST READING OF ORDINANCE NO. 735 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO REGULATE SEXUALLY ORIENTED BUSINESSES TO PROMOTE THE HEALTH, SAFETY, MORALS, AND GENERAL WELFARE OF THE CITIZENS OF THE CITY, AND TO ESTABLISH REASONABLE AND UNIFORM REGULATIONS TO PREVENT THE CONCENTRATION OF SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION, CODIFICATION AND AN EFFECTIVEDATE. Councilmember Wilkins moved for the acceptance of Ordinance No. 734 and Ordinance No. 735 on first reading. The motion was seconded by Councilmember Richardson. City Attorney Amy McCullough noted that the final version of Ordinance No. 735 contained some additions which included: 1) definition of "church", 2) definition of "day nursery" and, 3) definition of "hospital". These definitions correlate with those already included in the "Land Use and Urban Development Ordinance". Ms. McCullough also deleted the section which references "signs" for sexually oriented businesses, referring the reader back to the Sign Ordinance in the "Land Use and Urban Development Ordinance", which will be the governing document. A phrase was also added to the definition of "sexually oriented business" which is found in Definition No. 23 on Page 7. The length of the appeal time was changed, in accordance with the Land Use Ordinance, from 10 days to 15 days. A lengthy discussion followed with questions regarding Ordinance No. 735. Clarification was provided by City Attorney Amy McCullough. Ordinance No. 734: Voting "Aye" - Councilmembers Beckman, Richardson, Wilkins, and Cole. Voting "No" - None. 34 Motion passed 4 to 0. Ordinance No. 735: Voting "Aye" - Councilmembers Cole, Wilkins, Richardson and Beckman. Voting "No" - None. Motion passed 4 to 0. City Manager Paul Grohman suggested that the following two items be read and acted upon simultaneously as they were companion items. FIRST READING OF ORDINANCE NO. 736 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 27, SUBDIVISIONS, OF THE CITY OF PEARLAND CODE OF ORDINANCES, FOR THE PURPOSE OF ELIMINATING REQUIRED APPROVAL BY BRAZORIA DRAINAGE DISTRICT NO. 4 (FORMERLY KNOWN AS BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4) AND HARRIS COUNTY FLOOD CONTROL DISTRICT, OF PRELIMINARY AND FINAL PLATS OF SUBDIVISIONS AND DEVELOPMENTS WITHIN THE CITY PRIOR TO SUBMISSION OF SAID PLATS TO THE CITY FOR THE CITY'S APPROVAL AND ACCEPTANCE AND BRAZORIA DRAINAGE DISTRICT NO. 4'S PARTICIPATION IN DETERMINING THE LOCATION AND WIDTH OF EASEMENTS; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Cole moved for the adoption of Ordinance No. 736 on its first of two readings. The motion was seconded by Councilmember Richardson. RESCISION OF ANY AND ALL MINUTE ACTIONS, CITY POLICIES, PROCEDURES, AND PRACTICES THAT PROVIDE FOR OR REQUIRE INSPECTION OR INPUT BY BRAZORIA DRAINAGE DISTRICT NO. 4 (FORMERLY KNOWN AS BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4) AND HARRIS COUNTY FLOOD CONTROL DISTRICT OF SUBDIVISIONS AND DEVELOPMENTS WITHIN THE CITY PRIOR TO THE CITY'S ACCEPTANCE OF SAID SUBDIVISIONS AND DEVELOPMENTS FOR PUBLIC USE. Councilmember Cole moved for the adoption of this action. The motion was seconded by Councilmember Richardson. City Manager Paul Grohman presented these items for Council consideration. City Engineer John Hargrove will be responsible for those actions that the Drainage District has handled in the past. Mr. Grohman explained that although the relationship between the City of Pearland and the Brazoria Drainage District #4 is good, the problems continue and will do so as long as two governmental entities are governing the same property. Lengthy discussion followed with questions raised by the Council, which included the 35 following: 1) Inquiry concerning the availability of City staff to handle the duties; and 2) Will the City have to hire additional staff? City Manager Grohman responded that John Hargrove is responsible now, and that on August 2nd, a second engineer will come on board which is a position that was included in last year's budget. Question was also raised whether it might be more feasible to wait until January when the new Drainage District Commissioners take office. Mr. Grohman stated that he felt it would be best to proceed at this time and not wait until January as the problems are continual and need to be resolved. Mayor Reid stated that the Drainage District has hired a new General Manager, so the timing might be right to proceed with this action. Councilmember Richardson pointed out that the City is obligated to take whatever steps are necessary to look for the best flood solutions for the citizens of Pearland. Inquiry was made with regard to the legal ramifications of this action, and whether the Drainage District's reaction to this action would be a favorable one? City Manager Grohman stated that he was unsure what the reaction of the District would be. He also stated that when the City had proposed this action previously, the District had threatened legal action; therefore, this is still a possibility. Ordinance No. 736: Voting "Aye" - Councilmembers Cole, Richardson, and Beckman. Voting "No" - Councilmember Wilkins. Motion passed 3 to 1. Rescision Action: Voting "Aye" - Councilmembers Beckman, Richardson, Wilkins, and Cole. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R96-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTOAN AGREEMENT FOR ADMINISTRATIVE SERVICES BETWEEN THE CITY OF PEARLAND AND THE CITY OF PEARLAND ECONOMIC DEVELOPMENT CORPORATION. Councilmember Beckman moved for the adoption of Resolution No. R96-41. The motion was seconded by Councilmember Richardson. City Manager Paul Grohman explained that this agreement had been overlooked when the Economic Development Corporation was established as a result of the'/2 cent sales •— tax. The agreement states that City employees will be compensated for services provided to the Economic Development Corporation. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson and Beckman. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R96-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITYMANAGER OR HIS DESIGNEE TO SUBMIT A PROPOSAL TO MEDICARE FOR RECOGNITION OF PEARLAND EMERGENCY MEDICAL SERVICE ("PEARLAND E.M.S.") AS A PROVIDER FOR PURPOSES OF IMPLEMENTING MEDICARE'S APPROVED AMBULANCE SERVICE FEE SCHEDULE FOR THE TREATMENT AND TRANSPORTATION OF PATIENTS BY PEARLAND E.M.S.; AND ADOPTION OF SAID FEE SCHEDULE CONTINGENT UPON MEDICARE'S RECOGNITION OF SAME, THEREBY REVISING THE CURRENT PEARLAND E.M.S. FEE SCHEDULE. Councilmember Richardson moved for the adoption of Resolution No. R96-42. The motion was seconded by Councilmember Beckman. CITIZENS: Keith Bonner - 2214 Willow. Mr. Bonner appeared before Council, not as a representative, but as a member of Pearland EMS and a taxpayer, to request that they table this resolution. He requested that this be done until several issues can be investigated. Mr. Bonner stated that no one involved in EMS (volunteers) had been asked if they would be willing to take on the added responsibilities. The significant increase in the cost of an ambulance run was also pointed out as a detriment to the citizens of Pearland. He suggested a $1-$2 fee be attached to the water bills to offset some of the costs, rather than going the route of itemized billing. Emergency Management Coordinator David Smith responded to Mr. Bonner's concerns. He pointed out that his responsibility is to head up an organization and get it on a "paying" basis. Mr. Smith noted the increasing costs of ambulances, which are currently at $82,000, which are necessitating the implementation of itemized billing in order to recoup some of these funds. He stated that if the Council and Medicare approve this process, it will be April of 1997 before it is implemented. Mr. Smith clarified that the billing will take place in the EMS office by paid City employees. Mayor Reid clarified that Mr. Smith was requesting Council approval to go to Medicare for their approval of the process and that this process will take approximately six months, if not longer. Mayor Reid inquired about education of the volunteers and staff for the handling of the process. An instructor will be coming in this week to provide training to the staff. It was pointed out that if the change is made in April of 1997, ambulance fees will not be collected from Medicare or Medicaid until December, 1997. Clarification was provided concerning the method of billing and collecting by Medicare and private insurance carriers. City Manager Grohman explained that costs are going to continue to escalate; therefore, this method of itemizing and billing is very necessary. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson and Beckman. 37 Voting "No" - None. Motion passed 4 to 0. SUBMISSION OF PROPOSED 1996-97 BUDGET AND SETTING OF PUBLIC HEARING, TENTATIVE DATE OF AUGUST 12, 1996. Councilmember Richardson moved for the acceptance of the proposed 1996-97 budget, and setting of the budget public hearing on August 12, 1996. The motion was seconded by Councilmember Cole. City Manager Paul Grohman presented the proposed budget for 1996-97 for Council consideration and acceptance. He pointed out that, unlike the past four years, there will not be a tax decrease this year, but there will not be an increase either. Mr. Grohman stated that the City of Pearland is headed towards being a "billion dollar city". He also noted that there are no water or sewer rate increases proposed for this budget year, same as last year. The current waste contract expires September 30, 1996; and, proposals will be presented to the Council sometime during the month of August. Mayor Reid stated that the next procedure is to hold the public hearing on the budget, which is tentatively scheduled for August 12, 1996. City Manager Grohman explained that the budget must be passed 15 days prior to the beginning of the fiscal year, (no later than September 15th), or you automatically revert to last year's budget. Councilmembers Richardson and Cole commended the staff for taking the Council goals and implementing them into the budget process. Voting "Aye" - Councilmembers Beckman, Richardson, Wilkins, and Cole. Voting "No" - None. Motion passed 4 to 0. ACCEPTANCE OF CERTIFICATION OFANTICIPATED DEBTCOLLECTION RATE FOR 1996 AND CERTIFICATION OF EXCESS DEBT COLLECTIONS FOR 1995. City Manager Grohman recommended that this item be tabled as the information had not yet been received from the Appraisal District. Councilmember Beckman made a motion to table the acceptance of Certification of Anticipated Debt Collection Rate for 1996 and Certification of Excess Debt Collections for 1995. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson and Beckman. Me • Voting "No" - None. Motion passed 4 to 0. APPOINTMENT OF PEARLAND INDEPENDENT SCHOOL DISTRICT TAX ASSESSOR (JO KNIGHT) TO CALCULATE AND PUBLISH THE EFFECTIVE RATE AND ROLLBACK RATE FOR 1996. Councilmember Beckman moved for the appointment of Jo Knight, PTSD Tax Assessor to calculate and publish the effective rate and rollback rate for 1996. The motion was seconded by Councilmember Wilkins. Voting "Aye" - Councilmembers Beckman, Richardson, Wilkins, and Cole. Voting "No" - None. Motion passed 4 to 0. PRESENTATION OF 1996 CERTIFIED APPRAISAL ROLL FOR CITY OF PEARLAND AND ASSOCIATED NEW CONSTRUCTION VALUE. Councilmember Richardson moved to accept the 1996 Certified Appraisal roll in the amount of $907,678,229 which includes the new construction value. The motion was seconded by Councilmember Beckman. Voting "Aye" - Councilmembers Cole, Wilkins, Richardson and Beckman. Voting "No" - None. Motion passed 4 to 0. OTHER BUSINESS: The Council adjourned to Executive Session under Texas Government Code at 10:50 p.m. to discuss the following: Section 551.074 - Personnel - Annual Evaluation of City Manager The Council returned to Open Session at 12:33 a.m. NEW BUSINESS (CONTINUED): ADJUST CITY MANAGER'S COMPENSATION (IF APPLICABLE). Councilmember Richardson moved to adjust the City Manager's compensation effective October 1, 1996, at an increase of his present salary by 7%, which would be 4% added on to the 3% cost of living increase which will take effect October 1, 1996. The motion 1� was seconded by Councilmember Cole. City Manager Grohman requested that he be allowed to sell 20 days, out of his current 43 days of vacation, back to the City effective tomorrow, July 23, 1996. Councilmember Richardson amended his motion as follows: Compensation will be as of October 1, 1996, cost of living increase of 3% plus an additional 4%, being a total of 7% of Mr. Grohman's present salary; and in addition, allow the City Manager to cash in 20 days of vacation time effective tomorrow, July 23, 1996. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Beckman, Richardson, Wilkins, and Cole. Voting "No" - None. Motion passed 4 to 0. ADJOURNMENT Meeting was adjourned at 12:37 a.m. �-- Minutes approved as submitted and/or corrected this the /9 �. , day of PI ,A. D., 1996. Tom Reid Mayor ATTEST: 39