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1991-05-06 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF P09 LAND, TEXAS, HELD ON MAY 6, 1991, 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 C. V. Coppinger Mayor Pro Tem/Councilmember David Smith Councilmember William Wolff Councilmember Councilmember Councilmember Councilmember Elect City Manager Administrative Assistant City Attorney City Secretary PURPOSE OF THE MEETING Randy Weber Richard Tetens D. A. Miller Joy Colson James DeShazer Glen Erwin Lester Rorick Pat Jones APPLICATION NO. 21, REQUEST OF DANIEL D. RUCKER, AGENT FOR RAMONA CRADOCK ET AL, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FROM CLASSIFICATION R-1 TO R-3 City Manager Jim DeShazer read into the records the following letter received from the Planning and Zoning Commission: May 1, 1991 Honorable Mayor and Councilmembers City Hall Pearland, Texas 77581 Re: Application No. 21, Request of Daniel D. Rucker, Agent for Ramona Cradock et al, Owner, from Classification R-1 to R-3 Gentlemen: The Planning and Zoning Commission, in a special meeting held on April 29, 1991, immediately following the joint public hearing, considered the above mentioned zone change request. The Commission considered the testimony heard in the public hearing prior to the meeting and read from Ordinance No. 509, Section 7.1, which states an R-3 dwelling district will be located to provide a buffer between lower density residential and less restrictive zones. It was moved by Benny Frank, seconded by Pat Courtin, that recommenda- tion be made to Council that Application No. 21 be denied. Motion passed 6 to 0. This is submitted for your consideration. Sincerely yours, /s/ Al Lentz, Chairman Planning & Zoning Commission AL:pj 110 It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that the Council affirm the recommendation of the Planning and Zoning Commission and deny Application No. 21. Motion passed 5 to 0. RESOLUTION NO. R91-13, RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY OFFICERS' ELECTION HELD ON MAY 4, 1991 Mayor Coppinger asked City Secretary Pat Jones to read the results of the election returns. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the election returns as stated by the City Secretary be accepted. Motion passed 5 to 0. Resolution R91-13 was read in its entirety by Councilmember Wolff. It was moved by Councilmember Wolff, seconded by Councilmember Weber, that Resolution No. R91-13 be passed and approved on its first and only reading. Said Resolution No. R91-13 reads as follows: RESOLUTION NO. R91-13 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLAR- ING THE RESULTS OF THE REGULAR CITY OFFICERS' ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON MAY 4, 1991. On this the 6th day of May, 1991, 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 Richard Tetens Councilmember Position Three Randy Weber -� Councilmember Position Four David Smith Councilmember Position Five William Wolff and the following absent: None, constituting a quorum, and among other proceedings had were the following: Councilmember Wolff introduced a Resolution and Order and moved its adoption. The motion was seconded by Councilmember Weber, and the motion carried with the adoption of the Resolution and Order prevailed by the following vote: AYES:Councilmembers Miller, Tetens,, Smith, Weber, and Wolff NAYS: None: ABSTENTIONS: None. The Resolution is as follows: WHEREAS, there was held in the City of Pearland, Texas, on the 4th day of May, 1991, a Regular City Officers' Election at which the filling of the Offices of Member of the Council, Position No. Two (2) and Member of the Council, Position Number Four (4) 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.May 6, 1991, 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 III 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 1,059 valid and legal votes; and that said election resulted in the following vote totals: FOR MEMBER OF THE COUNCIL POSITION NUMBER TWO NAME OF CANDIDATE NUMBER OF VOTES RECEIVED PERCENTAGE RETTA ABSHER 398 38.49 BENNY FRANK 501 48.45 RON MARTINDALE 135 13.06 FOR MEMBER OF THE COUNCIL POSITION NUMBER FOUR. NAME OF CANDIDATE NUMBER OF VOTES RECEIVED PERCENTAGE JOY NIDAY COLSON 592 56.81 DON ALLEN MANGES, JR. 69 6.62 RICK HARRIS 381 36.56 Section II. 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 4, 1991, within the City of Pearland, Texas, that no candidate for Member of the Council Position Number Two received a majority of the votes cast and a runoff election becomes necessary and that the candidate elected for Member of the Council Position Number Four is declared to be Joy Niday Colson and said above party is hereby declared duly elected to said respective office, subject to taking of her oath and filing bond as provided by the laws of the State of Texas. 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 City Hall, a place convenient to the public, and said notice having been so posted and remained posted continuously for at 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 the 6th day of May, A. D., 1991. /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 Miller, Tetens, Smith, Weber, and Wolff. 112 Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R91-14, RESOLUTION AND ORDER CALLING FOR RUNOFF ELEC- TION Resolution No. R91-14 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution No. R91-14 be passed and approved on its first and only reading. Said Resolution No. R91-14 reads in caption as follows: RESOLUTION NO. R91-14 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A RUNOFF CITY OFFICERS' ELECTION ON THE EIGHTEENTH DAY OF MAY, 1991, FOR THE PURPOSE OF ELECTING ONE MEMBER OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTAB- LISHING PROCEDURES FOR SAID RUNOFF CITY OFFICERS' ELECTION. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R91-15, RESOLUTION APPOINTING PERSONS TO SERVE AT CENTRAL COUNTING STATION FOR RUNOFF ELECTION Resolution No. R91-15 was read in its entirety by Councilmember Te - tens. It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that Resolution No. R91-15 be passed and approved on its first and only reading. Said Resolution No. R91-15 reads as follows: RESOLUTION NO. R91-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE RUNOFF CITY OFFICERS' ELECTION TO BE HELD ON THE EIGHTEENTH DAY OF MAY, 1991. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: For the Runoff City Officers' Election to be held on the eigh- teenth day of May, 1991, the following are hereby appointed officers of said election to serve at the Central Counting Station, Brazoria County Courthouse, Angleton, Texas: Kathy Bevel, Manager; Terry Pack- ard, Tabulation Supervisor; and Janice Evans as Presiding Judge of Central Counting Station. PASSED, APPROVED and ADOPTED this 6th day of May, A. D., 1991. /s/ C. V. Coppinger, Mayor 1._ ATTEST: /s/ Pat Jones, City Secretary APPROVED AS TO FORM: /s/ Lester Rorick, City Attorney 2423—Notice of Special or Regular Meeting of Governing Body of City or Town and Returns—Class 3 (975) C Hart Graphics, Austin, Texas HART NOTICE OF MEETING OF THE GOVERNING BODY 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 6TH day of MAY , 19 91 , at --Z'. 30 Ply 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 MAY 6, 1991, 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 — COUNCIL DECISION ON APPLICATION NO. 21, REQUEST OF DANIEL D. RUCKER, AGENT FOR RAMONA CRADOCK ET AL, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FROM CLASSIFICATION R-1 TO R-3. 2. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R91- .-=. 13, RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY OFFICERS' ELECTION HELD ON MAY 4, 1991. 3. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R91- 14, RESOLUTION AND ORDER CALLING FOR RUNOFF ELECTION (IF NECESSARY). 4. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R91- 15, RESOLUTION APPOINTING PERSONS TO SERVE AT CENTRAL COUNTING STATION FOR RUNOFF ELECTION (IF NECESSARY). 5. DRAWING OF NAMES FOR PLACE ON RUNOFF BALLOT (IF NECES— SARY). 6. ISSUANCE OF CERTIFICATE OF ELECTION TO NEWLY ELECTED OFFICIAL(S). 7. ADMINISTERING OATH OF OFFICE TO NEWLY ELECTED OFFICIAL(S). 8. PRESENTATION OF RESOLUTION NO. R91-16, RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF RICHARD TETENS TO THE CITY OF PEARLAND. r 9. PRESENTATION OF RESOLUTION NO. R91-17, RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF DAVID SMITH TO THE CITY OF PEARLAND. 10. CONSIDERATION AND POSSIBLE ACTION — ELECTION OF A MAYOR PRO TEM. III. ADJOURN 1 113 Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Wolff. Voting "No" - None. Motion passed 5 to 0. DRAWING OF NAMES FOR PLACE ON RUNOFF BALLOT Mayor Coppinger asked that Ms. Retta Absher, candidate for Position Two, come forth and draw for a place on the ballot. Ms. Absher drew number one and the ballot for the runoff election will reflect Ms. Absher's name first and Mr. Benny Frank's name second. ISSUANCE OF CERTIFICATE OF ELECTION TO NEWLY ELECTED OFFICIAL Mayor Coppinger issued a Certificate of Election to Joy Niday Colson. ADMINISTERING OATH OF OFFICE TO NEWLY ELECTED OFFICIAL City Secretary Pat Jones administered the Oath of Office to Council - member Elect Joy Colson. R91-16, RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF RICHARD TETENS TO THE CITY OF PEARLAND This item was passed until after results of the runoff election are canvassed. R91-17, RESOLUTION RECOGNIZING THE SERVICES AND CONTRIBUTIONS OF DAVID SMITH TO THE CITY OF PEARLAND Councilmember Wolff read Resolution No. R91-17 in its entirety. Resolution No. R91-17 was passed unanimously by the Council. After presentation of the Resolution, Councilmember Smith was present- ed with a plaque and his Council portrait. Councilmember Smith ex- pressed his pleasure to have served on the Council these last three years. ELECTION OF A MAYOR PRO TEM It was moved by Councilmember Wolff, seconded by Councilmember Weber, that Councilmember D. A. Miller be elected as Mayor Pro Tem. Motion passed 5 to 0. ADJOURN The meeting adjourned at 8:02 P. M. Min tes approved as submitted and/or corrected this /� day of �7 , A. D., 1991. RAyor ATTEST: City Secreta