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1994-04-18 CITY COUNCIL SPECIAL MEETING MINUTES�Z • MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 18, 1994, AT 6:00 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor C. V. Coppinger Mayor Pro Tem/Councilmember Joy Colson Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary D. A. Miller Benny Frank Randy Weber David Smith Paul Grohman Dick Gregg, Jr. Pat Jones Others in attendance: Division Director Glen Erwin and Attorney Dick Gregg, III. Mayor Coppinger called for a moment of silent prayer in memory of William E. Wolff, former City Manager and City Councilmember, who passed away Sunday. Councilmember Smith then led the audience in prayer for the Wolff family. Rev. Harold Gentry of the Ministerial Alliance led a prayer in behalf of the meeting. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Mayor Coppinger read from the posted agenda the following topics to be discussed in Executive Session: SECTION 551.071 - Private consultation with the attorney(s) for the City to seek legal advice regarding threatened and contemplated litigation by Paul Grohman, including but not limited to the possibility of discussions of settlement in executive session with Paul Grohman and/or his attorney(s), pursuant to Section 551.071 of the Government Code, Subsection (1) (A) and (1) (B). SECTION 551.074 - Deliberation of the continued employment and/or dismissal of Paul Grohman, City Manager, pursuant to Section 551.074 of the Government Code, Subsection (a) (1) and (a) (2), unless Paul Grohman requests a public hearing of the deliberations under Subsection (b), in which event the public session shall include "Possible Action". If no public hearing is sought, the return to public session shall only read "Return to Open Session". Mayor Coppinger explained the Council would go into Executive Session to consult with the City Attorney and then return to Open Session. If Mr. Grohman requests a public hearing, one will be held at that time. City Attorney Gregg asked that he be allowed to confer with Mr. Grohman and/or Mr. Grohman's attorneys before the actual proceedings begin. MEETING RECESSED AT 6:12 P. M. MEETING RECONVENED AT 6:43 P.M. MEETING RECESSED TO EXECUTIVE SESSION AT 6:44 P. M. Mayor Coppinger specified the topic of executive session would be the first section as read above. MEETING RETURNED TO OPEN SESSION AT 9:15 P. M. It was moved by Councilmember Weber, seconded by Councilmember Miller, that the rest of tonight's agenda be tabled. Mayor Coppinger questioned whether there would be a public hearing and whether those citizens who had come to be heard would be heard. City Attorney Gregg advised that a motion to table is not a debatable motion. An agenda is still posted for Wednesday night, Mr. Gregg stated, with the difference being that the public session at that meeting is not conditioned upon anything that Mr. Grohman may or may not have requested in the way of a public hearing. Mr. Gregg further informed that it was his understanding that Mr. Grohman had requested a public hearing through the Assistant City Secretary this afternoon. A motion to table would preempt this request but Mr. Grohman will have another opportunity Wednesday, Mr. Gregg advised. Rusty Hardin, attorney for Mr. Grohman, objected to the motion to table. Upon call for the vote, Council voted as follows: Voting "Aye" - Councilmembers Miller, Weber, and Frank. Voting "No" - Councilmembers Colson and Smith. Motion passed 3 to 2. ADJOURNMENT The meeting adjourned at 9:20 P. M. Minutes approved as submitted and/or correctedth' day of �:{�✓ , A. D., 1994. . V. ugpp�inger, Magor David Smith, Mayor Pro Tem ATTEST: Pa `Jones, ity Secretary, TRMC 39 -