1994-02-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON FEBRUARY 28, 1994, AT 7:30 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 Attorney
City Manager
City Secretary
D. A. Miller
Benny Frank
Randy Weber
David Smith
Dick Gregg, Jr.
Paul Grohman
Pat Jones
Others in attendance: Division Directors Richard Burdine and Glen
Erwin, City Engineer John Hargrove, Police Chief Mike Hogg, and
Attorney Dick Gregg, III.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Chief Hogg. The Pledge of Allegiance
was led by Councilmember Miller.
APPROVAL OF MINUTES
It was moved by Councilmember Colson, seconded by Councilmember
Frank, that the minutes of the joint public hearings of February
14, 1994, be approved as submitted.
Motion passed 5 to 0.
It was moved by Councilmember Frank, seconded by Councilmember
Colson, that the minutes of the regular meeting of February 14,
1994, be approved as submitted.
Councilmember Weber asked that the motion be amended to have the
minutes approved as corrected with a statement he had made at the
February 14th meeting being made a part of the records.
Councilmember Weber presented this written statement to the City
Secretary.
The maker and seconder of the motion agreed to amend the motion
accordingly.
Motion passed 5 to 0.
It was moved by Councilmember Colson, seconded by Councilmember
Weber, that the minutes of the special meeting of February 22,
1994, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Coppinger, assisted by City Manager Grohman, presented
certificates of appreciation to members of the 1993 Charter Review
Commission.
Mayor Coppinger issued a proclamation honoring Girl Scout Week and
local Scout representatives accepted the document.
Mayor Coppinger reported his attendance at meetings of the
Ministerial Alliance, Brazos River Water Authority, Council
workshops, and a Centennial luncheon held at Pearland Junior High
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East campus.
At Mayor Coppinger's request, City Manager Grohman reported on the
railroad crossing at Knapp Road which is correctly in place now and
also reported on the City's compliance with the Federal Clean Air
Act.
COUNCIL ACTIVITY REPORTS
Councilmember Miller reported his attendance at Brazoria County
Cities Association on February 16.
Councilmember Frank reported his attendance at a workshop with the
School District on February 17 regarding Robert's Rules of Order.
Mr. Frank reported he also attended the Brazoria County Cities
Association meeting as well as the workshop on Cloverfield Airport
held this evening.
Stating he had received a call from a citizen, Councilmember Frank
inquired of the City Attorney regarding amending the Charter under
the Local Government Code. City Attorney Gregg stated that while
State law is more permissive, the City's Charter controls and,
having received the Charter Review Commission's report, it can't be
added to or deleted from. Mr. Gregg stated the City is following
appropriate procedure.
Councilmember Colson reported her attendance at the Brazoria County
Cities Association meeting. Mrs. Colson also attended the session
hosted by the School District on parliamentary procedure and stated
that Dr. Jess Butler, the moderator of the session, had stated
there were only two elements that were necessary for a meeting -
common sense and courtesy. Councilmember Colson read the following
quote from Robert's Rules of Order: "The great lesson for
democracies to learn is for the majority to give to the minority a
full, free opportunity to present their side of the case, and then
for the minority, having failed to win a majority to their views,
gracefully to submit and to recognize the action as that of the
entire organization, and cheerfully to assist in carrying it out,
until they can secure its repeal."
Councilmember Weber reported his attendance at the Ministerial
alliance breakfast, Brazoria County Cities Association, School
District's meeting on parliamentary procedure, special meeting on
Charter Review Commission's submission, workshop meeting on impact
fees, and workshop on Cloverfield.
Councilmember Weber asked City Attorney Gregg to read his response
to Mr. Weber's question raised at the last Council meeting
regarding requiring documentation from employees. Mr. Gregg read
the following into the records:
February 25, 1994
Honorable Randy Weber
Councilman
City of Pearland
Dear Randy:
The CHARTER says:
(1) under 4.01 (a) that the CITY MANAGER (hereafter "CM") shall
" . be responsible to the City Council (hereafter CC) for the ,... i
administration of all the affairs of the city."
(2) under 4.01 (c) "DUTIES OF CITY MANAGER", (1) that he/she shall
"have the authority, with the approval of the City Council, to
appoint and remove all department heads." (2) and the authority
"to appoint and remove all other employees in the administrative
service of the City."
(3) under 4.01 (c) (1), it also says: "Except for the purpose of
inquiry, the City Council and its members shall deal with the
administrative service solely through the city manager-"
(4) under 3.07 POWERS OF CITY COUNCIL subsection (p), it says: "No
individual member of the City Council shall have the power to act,
investigate, make appointments or inquire into the conduct of any
office, department or agency without the specific authorization of
the City Council in an official meeting."
I have been asked (2-17-94 fax) the following by Councilman
Weber:
"Can we, as a CITY, and specifically, can our City Manager,
require an employee to document and/or give written statements
every time a councilmember either comes into city hall or interacts
in any way with that employee?"
In fairness, Paul Grohman says that the practice has been
sparingly used and he characterizes it as only in matters involving
litigation. I assume "litigation" does not include the defamation
suit where the City Secretary was joined as a nominal party since
the city's records have a bearing. I am aware that there are
allegations of more widespread use.
As the question is phrased, the answer is no. This is a hard
one to put your hand on why it's wrong, even though you know it's
wrong. The response is best made in the extremes:
(1) If this is a standing policy in all instances of
interaction between council and staff, the answer is clearly "no."
(2) If this is a standing policy as to all interaction with
certain specified councilmen, the answer is clearly "no."
(3) There are instances where it can be acceptable: If this
is a practice followed only in instances of matters clearly
pertaining to litigation filed or threatened by the city against
the councilman or against the city by that councilman, or clearly
involving pending or threatened litigation by or against the city,
it could be proper. There is a world of difference between a
situation where ,john Q. Public has a suit pending against the city
and is seen talking to several departments of the city and a
situation where a councilman enters the city building and his or
her trail is followed by inquisitive staffers asking what was
discussed. It is not proper for the person demanding the affidavit
to seek same for his own use in the event litigation may occur
between the demander and the city. It should be used sparingly.
It should be requested and not demanded as a precondition of
continued employment. The optionality of giving of the statement
should be made clear, so the employee doesn't feel that his or her
job is impliedly threatened. If the matter is serious enough in
the mind of the CITY MANAGER, the better practice would be to seek
the City Attorney's assistance or guidance or both before the
extreme practice of demanding such a statement is utilized. In
short, it has no business as a routine management tool. The
regular use has a chilling effect on all employees. In the
extreme, used as a tool to squelch the flow of information to
council, it could become a form of insubordination -
insubordination by the City Manager.
Now, having said that, I must make it clear that the CM is the
supervisor of "administrative service, and council is not. Council
has no business conducting investigations of staff matters unless
the council, as a whole, has authorized an investigation. The
Charter is clear in that regard. But, if a councilman is violating
the charter by a rogue individual investigation practice, there are
remedies to deal with that and it does not mean that the CM is free
to demand statements from whomever was approached.
Note that the councilmembers are barred from dealing with the
providers of "administrative services" in any manner other than
through the CM, "...except for the purpose of inquiry." That could
mean that they can ask routine questions that don't reach the level
of an "investigation" (requiring council ok as a prerequisite) or
that could mean that "inquiry" and "investigation" are one and the
same and both require council action as a pre -condition. I think
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the words mean different things or they would have used the same
word. In my opinion, council is not muzzled to the point that they
can say nothing to city employees. They can exchange pleasantries,
inquire into whether or not a department is running smoothly or, if
not, why not, but not daily, weekly or annoyingly. They may seek
copies of any public documents in the same manner that the public
is allowed to under the Open Records Act and if some special
"tattle on the councilmen seeking copies" rule exists, that is
improper and must cease. "Inquiry" implies "How's it going?," not
"What has the CM told you to do?" Councilmembers are entitled to
and should stay informed. They should not use that as an excuse to
go around or undermine or interfere with the management function.
If a matter of concern is raised by such a routine "inquiry," and
an "investigation" of any kind is warranted, it should be brought
to the attention of the CM and that should be the end of council
involvement unless and until an "investigation" is warranted and
council so decides publicly. The roles are different - a manager
manages, a council legislates. That is why he is so named.
Council needs to let the manager manage. If a councilman abuses
the "inquiry," the remedy is not for the CM to demand an
inquisition. The limits are fairly logical.
This opinion is a limited and cautionary one - the CM is in
charge but the use of statements from employees is risky and should
be sparingly used. It is a "two iron" and not a "putter." This
opinion also mentions certain hypothetical scenarios that may or
may not have occurred. The inclusion of a hypothetical is not to
be interpreted as a finding by me that rumored conduct occurred.
I was asked a question. I am responding partly by example. Any
"investigation" of the extent of this practice should not occur
without council action.
The danger of the practice of demanding statements from
employees flows in reverse: Were someone to feel that his job was
on the line and quits rather than get involved in what he perceives
as political warfare, the city could suffer the consequences in
damages. Had that person already filed a complaint with the THRC
or the EEOC when the demand was made, the claim would be amplified.
My usual instruction and procedure is to direct opinions
through the City Manager for distribution to the Council. I have
not followed that procedure with this memo, at your request, since
it deals with an alleged practice of the City Manager. Under these
unusual circumstances, that is an acceptable departure.
Yours truly,
/sf Dick Gregg
City Attorney
Councilmember Smith reported he had
mentioned activities. On February
Committee met, Mr. Smith reported.
would be attending more meetings on
CITY MANAGER'S REPORT
attended most of the previously
16, the Clear Creek Watershed
Councilmember Smith stated he
emergency management.
City Manager Grohman commented that there was a lot of construction
going on in the City and reported on a hostage situation that
recently took place.
At Councilmember Frank's inquiry, discussion centered on MEB,
contractor for the FM 518 waterline relocation, and the company's
lack of progress. City Manager Grohman informed that City Engineer
John Hargrove had met with him recently, giving input and
addressing the problems.
CITIZENS
1. Grady Allen, Elks Lodge. Mr. Allen presented three framed
Americanism Commendation Awards for the City Hall site, the
Community Center, and the Public Safety Facility. The awards
were given, Mr. Allen stated, for the proper display of the
249
American flag at these City facilities.
2. Charles McMurrey, 5209 Spring Branch. Mr. McMurrey spoke
about amending the Charter, suggesting that the proposed
amendments be deferred until substantive issues, such as
single member districts, can be addressed.
3. Myrtlee Massey Meade, 2430 S. Washington. Ms. Meade stated
this was her fifth time to appear before Council in an attempt
to resolve issues concerning Block 6, Lots 1, 2, and 3,
property located in the Old Townsite. Ms. Meade stated she
will contact consumer advocates if an attempt is not made by
the City to resolve this issue fairly.
At Mayor Coppinger's request, there was a brief interchange
between Ms. Meade and City Attorney Gregg regarding this
issue.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS
ORDINANCE NO. 668, VACATING, CLOSING AND ABANDONING A CERTAIN 20'
RIGHT-OF-WAY EASEMENT
Ordinance No. 668 was read in caption by Mayor Coppinger.
It was moved by Councilmember Frank, seconded by Councilmember
Miller, that Ordinance No. 668 be passed and approved on its second
and final reading.
Said Ordinance No. 668 reads in caption as follows:
ORDINANCE NO. 668
AN ORDINANCE VACATING, CLOSING AND ABANDONING A CERTAIN
20' RIGHT-OF-WAY EASEMENT AS RECORDED IN VOLUME 1651,
PAGES 90 THROUGH 94 OF THE DEED RECORDS OF BRAZORIA
COUNTY, TEXAS.
Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and
Miller.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 669, ORDINANCE PROVIDING IT TO BE UNLAWFUL TO DEPOSIT
SOILS ON CITY STREETS AND PROVIDING A PENALTY FOR VIOLATION THEREOF
Ordinance No. 669 was read in caption by Councilmember Miller.
It was moved by Councilmember Miller, seconded by Councilmember
Frank, that Ordinance No. 669 be passed and approved on its second
and final reading.
Said Ordinance No. 669 reads in caption as follows:
ORDINANCE NO. 669
AN ORDINANCE PROVIDING IT UNLAWFUL TO DEPOSIT OR ALLOW
THE DEPOSITING OF SOILS ONTO PAVED CITY STREETS;
"^ PROVIDING FOR ABATEMENT PROCEDURES; PROVIDING A PENALTY
OF AN AMOUNT NOT TO EXCEED $500.00 FOR EACH DAY OF
VIOLATION; PROVIDING A SEVERABILITY CLAUSE; HAVING A
SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilmembers Miller, Frank, Colson, and Smith.
Voting "No" - Councilmember Weber.
Motion passed 4 to 1.
MEETING RECESSED AT 8:22 P. M.
MEETING RECONVENED AT 8:31 P. M.
NEW BUSINESS
REPORT BY CITY ATTORNEY ON CHARTER AMENDMENTS PURSUANT TO SPECIAL
MEETING OF FEBRUARY 22, 1994, AND FIRST READING OF ORDINANCE NO.
670, ORDERING SPECIAL ELECTION FOR MAY 7, 1994, AND PROVIDING FOR
SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS
Ordinance No. 670 was read in caption by Mayor Coppinger.
Said Ordinance No. 670 reads in caption as follows:
ORDINANCE NO. 670
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 7TH
DAY OF MAY, 1994; DESIGNATING THE HOURS AND PLACE FOR
HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE
VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS.
City Attorney Gregg stated he had received the notations from last
week's meeting on the recommendations from the Charter Review
Commission. The ordinance was prepared with two exceptions, Mr.
Gregg informed.
Referring, in part, to his letter to Council dated February 25,
1994, Mr. Gregg offered the following comments:
11(1) the proposed amendment of Section 6.13 entitled
"Initiative." The section to be amended has no subparts. It
covers two pages and contains all of the procedures for the public
(non council) initiation of legislation - how many voters must
sign, timetable, notarization, whom to file with, effect of
inaction by council, etc. We have no state statute or code to fall
back on since initiative, referendum and recall are creatures of
charter. General law cities do not have initiative.
The Commission said: "Change the section to "Qualified voters
of the City of Pearland may initiate legislation by submitting a
petition in accordance with state and federal petition
regulations."
There are no state or federal statutes on initiative
procedures.
What I have opined really happened is that this came to
everyones' attention back during the great hoorah over the recall
petitions. There are some minimum requirements for all kinds of
petitions in the election code and in case law. These deal with
legible address, voter registration, etc. This must have caught
the Commission's attention. They added this provision. This
provision goes much further and strips the procedure of all order
and procedural safeguards. I spoke with Lester Rorick and he
recalls that the motivation was as I have suggested. He sat in.
Since I am of the opinion that the charter does not let you tinker
with the content of the recommendation and no one should want such
chaos, I recommend that this amendment be rejected.
(2) Section 10.15 The Standing "Committee" vs. "Commission"
confusion. There were members of the Commission who appeared at
the last meeting to say what they meant vs. what they said. That
won't work. The procedure is for the document to be filed and for
the council to act upon those written recommendations, up or down.
There is no provision for submitting what they meant to say. There
must be some orderly procedure and reliance on the written word or
all of government in 1994 would be in the mind of Bill Clinton or
Phil Gramm. Next year other minds would tell us what they meant -
a bipartisan but sobering thought.
The minutes of the special meeting will win no Pulitzer Prize
but the best I can tell is that the council first visited Section
10.15 and sent it to me for recommendation regarding whether we can
CONTINUED FROM VOLUME 20
submit it as "Committee." Then you read the memo at the end of the
report and may have considered sending the "memo" to the voters.
Bad idea. The memo is only a recommendation. It makes no rule.
You can create a standing committee any time without the memo in
the Charter. Weare stuck with what they said (Commission).
Recommendation: Reject it. You can't cure it and you don't
need to appoint such a committee - one that can focus on the
Charter, gather the data in the off season and report it to the
Charter Commission when it convenes to do its duty. That is all
the amendment would have done had it been written correctly."
It was moved by Councilmember Smith, seconded by Councilmember
Weber, that Ordinance No. 670 be passed and approved on its first
of two readings.
It was noted that the document before Council did not contain the
two items Mr. Gregg had suggested be rejected but that it had been
revised to include a proposed amendment which had been
inadvertently omitted when the ordinance was drafted. This
amendment became no. 17 and resulted in the renumbering of the
following amendments.
Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and
Miller.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 509-46, AMENDING LAND USE ORDINANCE AT REQUEST OF TOM
PRICE, AGENT FOR PULTE HOME CORPORATION, OWNER, FROM R-2, PUD TO R-
2, PUD (WILLOWICK II)
Ordinance No. 509-46 was read in caption by Councilmember Frank.
It was moved by Councilmember Frank, seconded by Councilmember
Smith, that Ordinance No. 509-46 be passed and approved on its
first of two readings.
Said Ordinance No. 509-46 reads in caption as follows:
ORDINANCE NO. 509-46
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE
OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED IN WILLOWICK II SUBDIVISION FROM CLASSIFICATION
SINGLE FAMILY DWELLING DISTRICT, PLANNED UNIT DEVELOPMENT
(R-2, PUD) TO SINGLE FAMILY DWELLING DISTRICT, PLANNED
UNIT DEVELOPMENT (R-2, PUD), AT THE REQUEST OF TOM PRICE,
AGENT FOR PULTE HOME CORPORATION, OWNER; PROVIDING FOR AN
AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Division Director Richard Burdine informed that the change in
zoning should reflect R-3, PUD rather than R-2, PUD and requested
--- that this be changed on second reading. City Attorney Gregg
confirmed that it was permissible to amend the ordinance on second
reading to this classification and commented that applicable
procedures had been followed in notifying the public.
Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and
Smith.
Voting "No" - None.
Motion passed 5 to 0.
I -
L.�
ORDINANCE NO. 509-47, AMENDING LAND USE ORDINANCE AT REQUEST OF
KELLY PITTS, AGENT FOR GOLFCREST COUNTRY CLUB, OWNER, FROM R-3, PUD
TO R-1 (GREEN TEE TERRACE)
Ordinance No. 509-47 was read in caption by Councilmember Colson.
It was moved by Councilmember Frank, seconded by Councilmember
Smith, that Ordinance No. 509-47 be passed and approved on its
first of two readings.
Said Ordinance No. 509-47 reads in caption as follows:
ORDINANCE NO. 509-47
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT `---
ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE
OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED IN THE GREEN TEE TERRACE, SECTION 6, OF HARRIS
COUNTY, PEARLAND, TEXAS, FROM CLASSIFICATION SINGLE
FAMILY DWELLING DISTRICT, PLANNED UNIT DEVELOPMENT (R-3,
PUD) TO SINGLE FAMILY DWELLING DISTRICT (R-1), AT THE
REQUEST OF KELLY PITTS, AGENT FOR GOLFCREST COUNTRY CLUB,
OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT.
The history of this zoning issue was discussed briefly, noting this
request was to restore the property to its original zoning
classification. The previous change to R-3, PUD resulted in a
lawsuit.
Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and
Miller.
Voting "No" - None.
Motion passed 5 to 0.
APPOINTMENT OF THREE MEMBERS TO THE LIBRARY BOARD
It was moved by Councilmember Colson, who serves as liaison to the
Library Board, seconded by Councilmember Frank, that Bill Todd be
reappointed and that Tom Reid and Carol Jones be appointed to
Library Board.
Motion passed 5 to 0.
APPOINTMENT OF ONE MEMBER TO THE ELECTRICAL BOARD
It was moved by Councilmember Frank, seconded by Councilmember
Weber, that Chris Brooks be reappointed to the Electrical Board.
It was noted that this board does not fall under the term
limitation requirement.
Motion passed 5 to 0.
ORDINANCE NO. 528-4, AMENDING CHAPTER SIX, ANIMALS AND FOWL, OF THE
CODE
Ordinance No. 528-4 was read in caption by Councilmember Weber.
It was explained by City Manager Grohman that adoption of this
ordinance will give Council the ability to grant a specific use
permit to allow more horses per acreage should it choose to do so.
It was moved by Councilmember Smith, seconded by Councilmember
Weber, that Ordinance No. 528-4 be passed and approved on its first
of two readings.
Said Ordinance No. 528-4 reads in caption as follows:
q
ORDINANCE NO. 528-4
AN ORDINANCE AMENDING CHAPTER SIX, ANIMALS AND FOWL, OF
THE CODE OF ORDINANCES, BY AMENDING SECTION 6-10,
RESTRICTIONS ON KEEPING ANIMALS WITHIN THE CITY LIMITS -
HORSES; PROVIDING A PENALTY FOR VIOLATION; A SAVINGS
CLAUSE; A REPEALER CLAUSE; AND PROVIDING FOR
CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and
Smith.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R94-11, UPDATING CITY'S EMERGENCY OPERATION PLAN
Resolution No. R94-11 was read in caption by Councilmember Smith.
Councilmember Smith, who serves as the City's Emergency Management
Coordinator, informed this annual update is mandatory and will be
forwarded to the State.
It was moved by Councilmember Smith, seconded by Councilmember
Weber, that Resolution No. R94-11 be passed and approved on its
first and only reading.
Said Resolution No. R94-11 reads in caption as follows:
RESOLUTION NO. R94-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, UPDATING THE CITY'S EMERGENCY OPERATION PLAN.
Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and
Miller.
Voting "No" - None.
Motion passed 5 to 0.
TAPING OF EXECUTIVE SESSION
It was moved by Councilmember Weber, seconded by Councilmember
Colson, that executive sessions be taped.
Motion passed 5 to 0.
OTHER BUSINESS
MEETING RECESSED TO EXECUTIVE SESSION AT 9:08 P. M. UNDER TEXAS
GOVERNMENT CODE
Mayor Coppinger read from the posted agenda the following topics to
be discussed in Executive Session:
SECTION 551.071 - CONSULTATION WITH ATTORNEY - 1) Pending
litigation in Brazoria County Court at Law, wherein the City is
seeking the condemnation of land owned by Barry Rose for a public
project - possible settlement; and 2) Contemplated or threatened
litigation by Sharon Parks, former employee.
Before retiring to Executive Session, City Attorney Gregg stated
that City Manager Grohman had pointed out to him during the recess
that in his opinion to Mr. Weber there was one part of the
directive to the Council that is in conflict with the part that
says except on reasonable inquiry and it does say that Council
shall not have the power to investigate or inquire into the conduct
of the office. It's not going to change much in the opinion, Mr.
Gregg said, but I would like to reserve the right to make mention
of that. I will send a fax to you tomorrow of the fact that I have
reconsidered that and I will send a copy to the City, Mr. Gregg
said.
M
MEETING RETURNED TO OPEN SESSION AT 9:58 P. M.
ADJOURNMENT
The meeting adjourned at 9:58 P. M.
Minutes approved as submitted and/or corrected this _1 / day of
A. D., 1994.
ATTEST:
01 0
Pat Jones, ty Secretary, TRMC
C E- e_e' -�
CV V. Coppinger, Mayor
/U Te'191)