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2003-07-21 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 21, 2003, AT 7:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order with the following present:- Mayor resent:Mayor Tom Reid Councilmember Woody Owens Councilmember Charles Viktorin Councilmember Larry Marcott Councilmember Klaus Seeger City Manager Bill Eisen City Attorney Darrin Coker City Secretary Young Lorfing Absent: Mayor Pro -Tem Richard Tetens. - Others in attendance: Deputy City Manager Alan Mueller; Executive Director of Economic Development Fred Welch; City Engineer Doug Kneupper. PURPOSE OF MEETING: COUNCIL ACTION — RESOLUTION NO. R2003-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF THE AUGUST 25, 2003, AND SEPTEMBER 8, 2003, CITY COUNCIL MEETINGS CONSIDERATION OF THE PROPOSED FISCAL YEAR 2003-2004 TAX RATE AND SETTING THE PUBLIC HEARING ON THE TAX RATE. Mr. Bill Eisen, City Manager. Councilmember Seeger made the motion, seconded by Councilmember Owens, to approve Resolution No. R2003-97. City Manager, Bill Eisen, stated this is a standard requirement that takes place yearly as part of the budget process. He stated this item is only setting a Public Hearing date for the tax rate. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent. Page 1 of 4 - 7/21/2003 COUNCIL ACTION — SUBMISSION OF PROPOSED 2003-2004 BUDGET AND SETTING OF PUBLIC HEARING ON THE BUDGET, TENTATIVE DATE OF AUGUST 11, 2003, 7:00 P.M. Mr. Bill Eisen, City Manager. Councilmember Marcott made the motion, seconded by Councilmember Owens, to accept the submission of proposed 2003-2004 budget and setting of Public Hearing on the Budget, tentative date of August 11, 2003, at 7:OOP.M. Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent. FIRST AND ONLY READING OF ORDINANCE NO. 1117 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE RIGHT-OF-WAY FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to approve Ordinance No. 1117 on its first and only reading. City Manager, Bill Eisen, stated this item is regarding declaration for public necessities and improvements associated with the Hatfield Ditch portion of South Corrigan. Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent. FIRST AND ONLY READING OF ORDINANCE NO. 1120 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING A PUBLIC CONVENIENCE AND NECESSITY TO ACQUIRE RIGHT-OF-WAY FOR THE Page 2 of 4 - 7/21/2003 CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON CERTAIN REAL PROPERTY DESCRIBED HEREIN; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND DECLARING AN EMERGENCY AS THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney. Councilmember Viktorin made the motion, seconded by Councilmember Marcott, to approve Ordinance No. 1120 on its first and only reading. Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.074 - PERSONNEL MATTERS - REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mr. Bill Eisen, City Manager. Council adjourned into Executive Session under Texas Government Code at 7:06 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. CONSIDERATION AND POSSIBLE ACTION — REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mr. Bill Eisen, City Manager. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 7:57 p.m. COUNCIL ACTION — REGARDING APPOINTMENTS OR REAPPOINTMENTS TO THE CITY'S VARIOUS BOARDS AND COMMISSIONS. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to Page 3 of 4 - 7/21/2003 reappoint to the Pearland Economic Development Corporation Board of Directors, Randy Ferguson to Position No. 3, term expiring November 1, 2005, reappoint Lucy Stevener to Position No. 7, term expiring November 1, 2005, appoint Felicia Kyle to Position No. 1, term expiring November 1, 2005, and appoint George Sanders to Position No. 5, term expiring. November 1, 2005 . Voting "Aye" Councilmembers Seeger, Marcott, Owens, and Viktorin. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent. Councilmember Owens made the motion, seconded by Councilmember Viktorin, to reappoint to the Planning and Zoning Commission, Don Sederdahl to Position No. 5, term expiring November 1, 2006, appoint David Ransom to the un -expired term of Position No. 2, term expiring November 1, 2005, and appoint Lynda Cowles to Position No. 3, term expiring November 1, 2006. Voting "Aye" Councilmembers Viktorin, Owens, Marcott, and Seeger. Voting "No" None. Motion Passed 4 to 0, with Mayor Pro -Tem Tetens absent. ADJOURNMENT Meeting was adjourned at 8:00 p.m. Minutes approved as submitted and/or corrected this 11th day of August A.D., 2003. ATTEST: 0t6n g eeta g, Tom Reid y Sery Mayor Page 4 of 4 - 7/21/2003