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1992-06-01 CITY COUNCIL SPECIAL MEETING MINUTESI MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON JUNE 11 1992, AT 7:30 P. M. IN THE COUNCIL CHAM- BERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember Elect Interim City Manager City Attorney City Secretary C. V. Coppinger D. A. Miller Benny Frank Randy Weber William Wolff David Smith Glen Erwin Lester Rorick Pat Jones Councilmember Colson was absent from the meeting. PURPOSE OF THE MEETING RESOLUTION NO. R92-19, AUTHORIZATION TO TRANSFER FROM APPROPRIATE FUNDS FOR PAYMENT TO OFFICER JIM HODGES IN THE AMOUNT OF $11,850.00 FOR SETTLEMENT OF ON-CALL PAY CLAIM It was moved by Councilmember Miller, seconded by Councilmember Weber, that funds be taken from the appropriate account and Officer Hodges be paid $11,850 for settlement of his on-call pay claim. In discussion, Councilmember Frank voiced objection stating past city managers, past City Councils and past city attorneys have disapproved these claims. Mr. Frank continued by saying he would like to see a bottom line figure for all employees who are claiming on-call pay before we begin paying these claims. Mayor Coppinger stated he hoped to be speaking for the whole Council and related some of the history of this situation. We inherited a problem and are trying to make the best of it, Mayor Coppinger said, reminding the Council that a test case in the local justice's of the peace court was ruled against the City. This on-going situation has caused a bad morale problem in City personnel and Council has indicat- ed that it would like to find a way to settle this matter. It was decided by Council, Mayor Coppinger continued, that Council would try to settle those claims which were reasonably documented and work on the others rather than go to court. Councilmembers Weber and Miller agreed with Mayor Coppinger that this was a satisfactory explanation. Councilmember Frank again responded that we are, by paying this claim, making ourselves liable for what could be a very large unknown amount. City Attorney Lester Rorick informed that there was a resolution on the table to authorize this payment. Resolution No. R92-19 was read in caption by Councilmember Miller. (First and only reading) It was moved by Councilmember Miller, seconded by Councilmember Weber, that Resolution No. R92-19 be passed and approved on its first and only reading. Said Resolution No. R92-19 reads in caption as follows: 70 RESOLUTION NO. R92-19 A RESOLUTION AUTHORIZING AND APPROVING A COMPROMISE AND SETTLEMENT AGREEMENT BY AND BETWEEN THE CITY OF PEAR - LAND, TEXAS AND JAMES L. HODGES; APPROPRIATING THE AMOUNT OF $11,850.00 FROM THE FUND BALANCE OF THE GENERAL FUND FOR THE PURPOSE OF PAYMENT; AND DECLARING AN EMERGENCY AND BY THE CLAIMANT'S DEADLINE IMPOSED AS A CONDITION OF SETTLEMENT. In discussion, it was questioned whether this reading constituted an emergency and City Attorney Rorick stated this phrase in the caption of the resolution would be deleted as it was unnecessary to the read- ing of a resolution. Upon call for the question, Council voted as follows: Voting "Aye" - Councilmembers Weber and Miller. Voting "No" - Councilmembers Frank and Wolff. Voting under Section 3.01(b) of the City Charter, Mayor Coppinger voted "Aye." Motion passed 3 to 2. AUTHORIZATION FOR SPECIFICATION MODIFICATION ON B92-4, SWIMMING POOL PREPARATION, TO CHANGE APPLICATION TIME FOR GUNITE APPLICATION Councilmember Frank explained this change in application of gunite is a better construction practice. It was moved by Councilmember Frank, seconded by Councilmember Weber, that authorization be given for a change in the application of gunite. Motion passed 4 to 0. REQUEST FOR PAYMENT NO. 2 IN THE AMOUNT OF $19,402.50, FOR SURBER' POOLS FOR WORK DONE ON POOL PREPARATION City Manager Erwin stated that approximately 70% of the work has been done and approximately 90% of completion time has been used. A possible date for the pool opening was discussed which was estimated to be mid to late June. It was moved by Councilmember Frank, seconded by Councilmember Miller, that payment be made to Surber Pools in the amount of $19,402.50 for work done on pool preparation. Motion passed 4 to 0. ADOPTION OF FEES FOR AMENDING PLATS PURSUANT TO ORDINANCE NO. 421-6 City Manager Erwin recalled that Ordinance No. 421-6 had been read on first reading last week and Staff was asked to make a recommendation for the fee to be charged for this procedure. A discussion was held between Staff and the City Attorney and it is our recommendation, Mr. Erwin informed, that a fee of $100.00 be charged for this plat amend- ment. City Attorney Rorick informed this fee adoption could be handled by a minute order. It was moved by Councilmember Frank, seconded by Councilmember Miller, that, pursuant to Ordinance No. 421-6, Item #8, Amended Plat, be added to the fee schedule in the amount of $100.00. Council discussed the application of this amendment to the subdivision ordinance. The amount of the fee to be charged was discussed and it was suggested that if this fee proves to be too high, it will adjusted at a later date. 71 Motion passed 4 to 0. COUNCIL DECISION ON ENDORSEMENT LETTER IN SUPPORT OF HOPE II PROJECT Mayor Coppinger informed the City is being asked to write a letter stating they have no objection to residents of Park Place Apartments applying for a HUD grant to purchase the complex themselves. There followed a lengthy discussion regarding the procedure to be followed in obtaining a HUD grant. It was suggested that the City will be in violation of the Public Utilities Commission's regulations if there are not individual utility meters for each of the apartment Oak- owners. Mayor Coppinger asked Council to provide this endorsement letter. Councilmember Miller again expressed comments against this endorsement and stated he would support this if it were to benefit our senior citizens. After more discussion, it was moved by Councilmember Frank, seconded by Councilmember Weber, that the City write an endorsement letter in support of the HOPE II project. Voting "Aye" - Councilmember Frank. Voting "No" - Councilmembers Miller and Wolff. Abstaining - Councilmember Weber. Motion failed. EXCUSED ABSENCE FOR COUNCILMEMBER WOLFF FROM REGULAR MEETING OF MAY 27, 1992 It was moved by Councilmember Frank, seconded by Councilmember Miller, that Councilmember Wolff be excused from the regular meeting of May 27, 1992. Motion passed 3 to 0, with Councilmember Wolff abstaining. RESOLUTION NO. R92-18, RESOLUTION AND ORDER CANVASSING THE RETURNS OF THE CITY OFFICERS' RUNOFF ELECTION HELD ON MAY 30, 1992 Mayor Coppinger recognized Mrs. Inez Farmer, Presiding Judge, from the audience. Resolution No. R92-18 was read in its entirety by Councilmember Weber. (First and only reading) It was moved by Councilmember Weber, seconded by Councilmember Frank, that Resolution No. R92-18 be passed and approved on its first and only reading. Said Resolution No. R92-18 reads as follows: RESOLUTION NO. R92-18 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLAR- ING THE RESULTS OF THE RUNOFF CITY OFFICERS' ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON MAY 30, 1992. On this 1st day of June, 1992, the City Council of the City of Pearland, Texas, convened in Special Session open to the public at the regular meeting place thereof with the following members present, to - wit: Mayor C. V. Coppinger Councilmember Position One D. A. Miller Councilmember Position Two Benny Frank Councilmember Position Three Randy Weber Councilmember Position Four 72 Councilmember Position Five William Wolff and the following absent: Councilmember Colson constituting a quorum, and among other proceedings had were the following: Councilmember Weber introduced a Resolution and Order and moved its adoption. The motion was seconded by Councilmember Frank, and the motion carried with the adoption of the Resolution and Order prevailed by the following vote: AYES: Councilmembers Wolff, Miller, Frank, and Weber NAYS None ABSTENTIONS None. The Resolution is as follows: WHEREAS, there was held in the City of Pearland, Texas, on the 30th day of May, 1992, a Runoff City Officer' Election at which the filling of the Offices of Member of the Council, Position No. One (1) and Member of the Council, Position No. Five (5) were submitted to a vote of the duly qualified resident electors of said City; and WHEREAS, at this Special Meeting of the City Council of the City of Pearland, on June 1, 1992, after date of said election being the first meeting of the City Council to be held since said election at which returns of said election could be considered and final results declared. NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. That the election described was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; and it appeared from said returns, duly and legally made, that there were cast at such Election 1,424 valid and legal votes; and that said election resulted in the following vote totals: FOR MEMBER OF THE COUNCIL POSITION NUMBER ONE NAME OF CANDIDATE NUMBER OF VOTES RECEIVED PERCENTAGE D. A. MILLER N Me 56.77% JAMES (JIM) DESHAZER 594 43.23% FOR MEMBER OF THE COUNCIL POSITION NUMBER FIVE DAVID L. SMITH 767 54.28% RETTA ABSHER 646 Section II. 45.72% That the City Council of the City of Pearland, Texas, hereby officially and affirmatively declares that the results as shown above are the real and true results of the election held on May 30, 1992, within the City of Pearland, Texas, and that the candidate elected for Member of the Council Position Number One is declared to be D. A. Miller and the candidate elected for Member of the Council Position Number Five is declared to be David L. Smith and said above parties are hereby declared duly elected to said respective offices, subject to taking of their oaths and filing bond as provided by the laws of the State of Texas. ^T- Section III. It is further found and determined that in accordance with the Order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located at the City Hall, a place convenient to the public, and said notice having been so posted and remained posted continuously for at 16-2423—Notice of Special or Regular Meeting of Governing Body of City or Town and Returns --Class 3 (975) C Hart Graphics, Austin, Texas NOTICE OF MEETING OF THE GOVERNING BODY OF CITY OF PEARLAND (Name of City or Town) Notice is hereby given that a SPECIAL meeting of the governing body of the above (Special or Regular) named City or Town will be held on the 1 day of JUNE , 19 92 , at 7:30 P • M., in the City Hall at 3519 LIBERTY PEARLAND , Texas, at which time the following subjects will be discussed, to -wit: SEE ATTACHED AGENDA AGENDA — SPECIAL MEETING.OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON JUNE 1, 1992, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER II. PURPOSE OF THE MEETING: 1. CONSIDERATION AND POSSIBLE ACTION — AUTHORIZATION TO TRANSFER FROM APPROPRIATE FUNDS FOR PAYMENT TO OFFICER JIM HODGES IN THE AMOUNT OF $11,850.00 FOR SETTLEMENT OF ON—CALL PAY CLAIM. 2. CONSIDERATION AND POSSIBLE ACTION — AUTHORIZATION FOR SPECIFICATION MODIFICATION ON B92-4, SWIMMING POOL PREPARATION, TO CHANGE APPLICATION TIME FOR GUNITE APPLICATION. 3. CONSIDERATION AND POSSIBLE ACTION — REQUEST FOR PAYMENT NO. 2, IN THE AMOUNT OF $19,402.50, FOR SURBER POOLS FOR WORK DONE ON POOL PREPARATION. 4. CONSIDERATION AND POSSIBLE ACTION — ADOPTION OF FEES FOR AMENDING PLATS PURSUANT TO ORDINANCE NO. 421-6. 5. CONSIDERATION AND POSSIBLE ACTION — COUNCIL DECISION ON ENDORSEMENT LETTER IN SUPPORT OF HOPE II PROJECT. 6. CONSIDERATION AND POSSIBLE ACTION —EXCUSED ABSENCE FOR COUNCILMEMBER WILLIAM E. WOLFF FROM REGULAR MEETING OF MAY 27, 1992. 7. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R92- 18, RESOLUTION AND ORDER CANVASSING THE RETURNS OF THE CITY OFFICERS' RUNOFF ELECTION HELD ON MAY 30, 1992. 8. ISSUANCE OF CERTIFICATES OF ELECTION TO NEWLY ELECTED OFFICIALS. 9. ADMINISTERING OATH OF OFFICE TO NEWLY ELECTED OFFI— CIALS. 10. PRESENTATION OF RESOLUTION NO. R92-16, RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF WILLIAM E. WOLFF TO THE CITY OF PEARLAND. 11. CONSIDERATION AND POSSIBLE ACTION — ELECTION OF A MAYOR PRO TEM. • III. ADJOURN 1 73 least 72 hours preceding the date of this meeting. A copy of the return of said posting shall be attached to the minutes of this meet- ing and shall be made a part thereof for all intents and purposes. Section IV. The following Exhibits A, B, and C (Election Results) are at- tached hereto and made a part hereof by reference. PASSED, APPROVED and ADOPTED this 1st day of June, A. D., 1992. /s/ C. V. Coppinger, Mayor ATTEST: /S/ Pat Jones, City Secretary APPROVED AS TO FORM: /s/ Lester Rorick, City Attorney (Exhibits A, B, and C on file with original Resolution.) Voting "Aye" - Councilmembers Wolff, Miller, Frank, and Weber. Voting "No" - None. Motion passed 4 to 0. ISSUANCE OF CERTIFICATES OF ELECTION TO NEWLY ELECTED OFFICIALS Mayor Coppinger issued Certificates of Election to D. A. Miller and David Smith. ADMINISTERING OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS City Secretary Pat Jones administered the Oath of Office to Council - members Miller and Smith. RESOLUTION NO. R92-16, RESOLUTION RECOGNIZING THE SERVICES AND CONTRI- BUTIONS OF WILLIAM E. WOLFF TO THE CITY OF PEARLAND Councilmember Smith and Mayor Coppinger presented Resolution No. R92- 16 to Councilmember Wolff. Resolution No. R92-16 was passed unanimously by the Council. After presentation of the Resolution, Councilmember Wolff was present- ed with a plaque and his Council portrait. Councilmember Wolff ex- pressed his pleasure to have served on the Council and listed what he felt were some of the major accomplishments. There was a spontaneous chorus of "Auld Lang Syne" as Councilmember Wolff was wished farewell. ELECTION OF A MAYOR PRO TEM It was moved by Councilmember Smith, seconded by Councilmember Miller, that Councilmember Weber be elected as Mayor Pro Tem. Motion passed 3 to 0, with Councilmember Weber abstaining. Mayor Coppinger announced that a reception honoring new and outgoing Councilmembers would be held immediately following adjournment of the meeting. ADA ADJOURN The meeting adjourned at 8:33 P. M. Min)atls approved as submitted and/or corrected this -/--- day of A. D., 1992. C. V. Copp i g May ATTEST: Pat Jones, Cl. y Secretary