06101985 Regular Meeting - Laserfiche WebLink

Home Browse Search

62 Regular Meeting June 10, 1985 Page 8 Mayor Craddock introduced for consideration approval for a refund in the amount of $560.20 to Tom Ezell to correct a dual payment that was made. Mayor Craddock moved for approval of the refund and Ms. Kissler seconded the motion, which passed unanimously. Mayor Craddock introduced for consideration approval to settle pend- ing litigation, Guenther vs. City. Mr. Farr moved for approval and Mayor Craddock seconded the motion. Mr. Hankins said the Civil Ser- vice Commission will amend their order to change Karon Guenther's position from Sergeant to Corporal after the City Council's approval of settlement of the lawsuit, the insurance carrier will pay $5,000.00, Ms. Guenther cannot apply for another position for 24 months, and that the lawsuits filed in State and Federal Courts will be dismissed with prejudice. On roll call the following vote was recorded: AYE: Farr, Craddock, Guerra, Kissler, Nicola. NAY: None. ABSTAIN: Coddington. Mayor Craddock introduced a discussion by Michael Palmer McKinster for current LUEs at two locations to be consolidated into one location, which would require an amendment to the Ordinance pertaining to Sewage Capital Recovery Fees. H. C. Kyle, III represented Mr. McKinster before the Council and reviewed the letter and information Mr. McKinster had made available to the Council for their Packets. Mr. McKinster has one unprofitable laundromat location and another location which he wants to combine into one location and reduce his total number of washers from 80 to 70. The request is for amendment to be made to the Ordinance to allow him to combine his two locations (LUEs). Mr. Gonzalez stated the property owner would have to relinquish his right to use of the property as a laundromat. Mr. Boeker said Austin and McAllen have ordinances similar to ours, and that LUEs are not transfer- able. Mr. Farr said the actual usage should be considered as a way of handling this matter. Mr. Gonzalez said state criteria was used to establish the LUEs used by laundromats, and that the factor even at actual usage would be $30,000 in LUEs and pointed out the matters at issue are (1) allow transfers or not and (2) adjust LUE factor even below usage. Mr. Coddington said the Ordinance is designed to take care of high users, and if the fee is out of line, it may need to be adjusted, but that the charge was just part of doing business. Mr. Coddington said Mr.Boeker should run a check on usage, and Mr. Boeker responded it would come close to what the Ordinance now charges. Mr. Gonzalez stated maybe there could be an amortization of payments rather than payment all up front. Mayor Craddock suggested that Mr. McKinster meet with Messrs. Gonzalez and Boeker to see if anything could be worked out. Mr. Farr moved the Council adjourn into Executive Session pursuant to Article 6252-17, §§2(e) and (g), V.A.C.S., to discuss matters where the duties of the City Attorney to the City pursuant to the Code of Professional Responsibility of the State Bar of Texas clearly conflicts with Article 6252-17; to seek the City Attorney's advice with respect to pending litigation (Slater vs. City) ¡ and the dismissal of a public officer and complaints or charges against a public officer or employee, respectively, and Mr. Guerra seconded the motion, which passed unanimously (10:50 p.m.). Ms. Kissler moved the Council reconvene at 11:31 p.m. and Mr. Coddington seconded the motion, which passed unanimously.