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2005-08-15 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 15, 2005, AT 7:30 P.M., IN THE FIRST FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 11:27 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Kevin Cole Richard Tetens Woody Owens Larry Marcott Charles Viktorin Bill Eisen Darrin Coker Young Lorfing Others in attendance: Executive Director of Community Services Nick Finan; Director of Finance Andrea Gardner; and Project Director Joe Wertz. PURPOSE OF THE MEETING: COUNCIL ACTION — RESOLUTION NO. R2005-126 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF THE SEPTEMBER 12, 2005, AND SEPTEMBER 19, 2005, CITY COUNCIL MEETINGS CONSIDERATION OF THE PROPOSED FISCAL YEAR 2005-2006 TAX RATE AND SETTING THE PUBLIC HEARINGS ON THE TAX RATE. Mr. Bill Eisen, City Manager. Councilmember Tetens made the motion, seconded by Councilmember Owens, to approve Resolution No. R2005-126 amending the tax rate to $0.6744/$100 valuation. City Manager, Bill Eisen, stated the City is required to hold two public hearings regarding the tax rate. The proposed dates are Thursday, August 25, 2005, and Monday, August 29, 2005. The consideration of adopting the budget and tax rate is proposed for Monday, September 12, 2005, and Monday, September 19, 2005, for its second and final reading. He further stated the meeting on September 19, is a little bit odd only because there is a provision in the Charter that says the budget is to be adopted within fifteen days before the end of the fiscal year. If an ordinance is adopted other than at a Regular Council Meeting it has to be adopted on an emergency basis, therefore, the Ordinance will state it is an emergency even though the second and final reading is scheduled for September 19, 2005. Voting "Aye" Councilmembers Tetens, Owens, Cole, Marcott, and Viktorin. Page 1 of 3 — 8/15/2005 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2005-128 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PLACING ON THE AGENDAS OF THE SEPTEMBER 12, 2005, AND SEPTEMBER 19, 2005, CITY COUNCIL MEETINGS CONSIDERATION OF THE PROPOSED FISCAL YEAR 2005-2006 BUDGET AND SETTING THE PUBLIC HEARING ON THE BUDGET. Mr. Bill Eisen, City Manager. Councilmember Viktorin made the motion, seconded by Councilmember Tetens, to approve Resolution No. R2005-128. City Manager, Bill Eisen, stated the public hearing on the proposed budget is different from the two public hearing on the tax rate as previously discussed. The public hearing for the budget is scheduled for Monday, August 29, 2005. The ordinance adopting the budget is scheduled for Monday, September 12, 2005, and Monday, September 19, 2005. Voting "Aye" Councilmembers Viktorin, Marcott, Cole, Owens, and Tetens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 11:37 p.m. to discuss the following: EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. Mr. Darrin Coker, City Attorney. 2. SECTION 551.072 — REAL PROPERTY: DISCUSSION REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. Mr. Darrin Coker, City Attorney. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 12:01 a.m. Page 2 of 3 — 8/15/2005 COUNCIL ACTION — REGARDING POTENTIAL LITIGATION ASSOCIATED WITH CITY INFRASTRUCTURE PROJECTS. City Council. No Council action taken. COUNCIL ACTION — REGARDING THE SALE, LEASE, PURCHASE, OR EXCHANGE OF REAL PROPERTY. City Council. Mayor Pro -Tem Cole made the motion, seconded by Councilmember Tetens, to authorize Staff to move forward with the acquisition of real property as discussed in Executive Session. Councilmember Viktorin stated the Old Townsite Plan should be approved officially first before the land is purchased. City Manager Bill Eisen stated a workshop to discuss the Old Townsite plan is scheduled for Tuesday, September 13, 2005. Voting "Aye" Councilmembers Marcott, Cole, and Tetens. Voting "No" Councilmembers Viktorin and Owens. Motion Passed 3 to 2. ADJOURNMENT Meeting was adjourned at 12:03 a.m. Minutes approved as submitted and/or corrected this the 10th day of October, 2005. ATTEST: g opfid/ V Secretary Tom eid Mayor Page 3 of 3 — 8/15/2005 THIS PAGE LEFT BLANK INTENTIONALLY