HomeMy WebLinkAboutColleyville Charter Review Committee-Minutes-12/29/2004
MINUTES OF THE
COLLEYVILLE CITIZEN'S CITY CHARTER REVIEW COMMITTEE
DECEMBER 29, 2004
I. Call to Order
Chair Jim Moore called the meeting to order on December 29,2004 at 7:00 p.m.
ROLL CALL:
Chairman Jim Moore, Ed Baker, Linda Bond, Steve Magee, Louis
Miller, Brad Rice, Mike Taylor, Frank Whitmire, City Manager Bill
Lindley, Financial Analyst Kacey Bess
Richard Newton was absent.
II. Approval of December 15, 2004 Minutes
Mike Taylor indicated that page two of the Minutes should read "Mike Taylor
suggested a list of definitions be included in the charter to clarify terms that may not
be clear to laymen." Minutes approved with change.
III. Review and discussion of possible modifications of the Colleyville City Charter
Committee reviewed previous changes to Articles IV and V.
City Manager Bill Lindley requested confirmation that previously discussed changes to
Articles I and II were correct. Committee confirmed.
Mike Taylor suggested that members go back and reread changes so as not to
overlook anything.
Brad Rice indicated the change to Section 4.07(a) should read "The location, size and
current use of all property owned within the City or within any contiguous city, or held
in trust by the candidate, their spouse, any dependent minor children, or any business
entity in which the candidate has financial interest." Approved unanimously.
Committee reviewed and discussed possible modifications for Articles VI through VIII.
In regards to Section 6.02, Brad Rice asked if the references to other section numbers
have been verified. City Manager Lindley indicated they would be cross-referenced at
the end of the Charter review.
Regarding Section 6.07, per Chairman Moore's suggestion, Brad Rice proposed
adding a sentence at the end of the paragraph stating that "No signature of the Mayor
shall be required."
Brad Rice suggested adding "by Initiative or Referendum" to the end of the title for
Section 6.07.
1
Regarding Section 6.03, Steve Magee indicated the typo on the second line of the
paragraph should be corrected to read "tax bonds or revenue bonds."
Committee continued discussion regarding changing the title of Section 6.07.
General discussion regarding the required ballot structure for charter changes. Mike
Taylor requested the laws and requirements related to the ballot structure. The
Committee requested from the City Attorney direction as to the type of charter
changes that would create separate ballot questions. Brad Rice indicated the Charter
references Chapter 13 of Title 28 of the Revised Civil Statues of Texas, in regards to
amending the charter.
Regarding Article VI, Ed Baker requested clarification on "substantial question of
validity" as referred to in the City Attorney's memo.
City Manager Lindley discussed limitations on referendum regarding zoning changes
and suggested the City Attorney talk with Pete Smith regarding the City of Ducanville's
experience with referendum issues. Steve Magee would like the City Attorney to
indicate if the Committee needs to add specific limitations to Section 6.01 and if there
are any limitations already provided by State law. Brad Rice gave Section 7.30 of the
City of South lake's Charter as a reference.
General discussion on the reference in Section 6.07 to "mandatory order to the
Council." Brad Rice moved to leave this reference as is. Approved unanimously.
Regarding Section 6.11, Brad Rice suggested deleting "when valuable rights have
accrued thereunder." Steve Magee stated the intent is for Article XII to stand alone if it
conflicts with any other sections. Discussion as to definition of "valuable rights."
Frank Whitmire moved to approve the change and seconded by Brad Rice. Approved
unanimously.
In regards to Section 6.05, general discussion on whether the Committee needs to
specify what needs to be included on the ballots. Mike Taylor requested direction
from the City Attorney as to what should go on the ballot and any applicable laws.
Louis Miller suggested adding language indicating that at minimum the preamble
should be listed.
In regards to Article VII, Chairman Moore suggested allowing the City Manager to hire
and remove the referenced positions without City Council approval.
Steve Magee recommended that when the Committee reviews Article III, it should look
at changing Section 3.08(c) regarding the City Council's ability to fire the City
Manager's employees.
In regards to Section 7.01(b), the Committee discussed changing the section so that it
reflects the voting requirements in Section 7.01(a) for hiring the City Manager. Steve
Magee moved to delete "including the Mayor" from Section 7.01 (b) and seconded by
Frank Whitmire. Approved unanimously.
2
City Manager Lindley discussed his job duties and obligations as requested by Brad
Rice.
Linda Bond moved to approve Chairman Moore's recommended changes to Sections
7.02. 7.03, 7.04, 7.05 and 7.06 regarding removal of Council approval on hiring and
firing and seconded by Ed Baker. Committee continued general discussion regarding
the proposed changes. Ayes: Baker, Bond, Miller, Moore and Whitmire. Nays:
Magee, Rice and Taylor. Motion passed.
Discussion regarding Section 7.04 on the Volunteer Fire Department.
In regards to Section 8.03, Chairman Moore proposed removing "with the concurrence
of the City Council." Change approved.
Frank Whitmire proposed deleting the second sentence of Section 8.03 regarding
secondary employment. Brad Rice suggested combining the remaining sentence with
the second paragraph. Changes approved unanimously.
General discussion regarding Section 8.04 on the City Attorney. Steve Magee
proposed adding a paragraph at the end of the section with the following language
from the City of South lake's Charter: ''The Council may contract with an attorney or
with a firm of attorneys who may designate one (1) member of said firm, with Council
approval, to serve as City Attorney."
IV. Discussion of items to be placed on the next agenda
For next Charter Review Committee meeting, the Committee will begin with a review
of Article IX.
For Section 9.02(a), Chairman Moore suggested adding language in the sentence
regarding proposed budgeted expenditures to read "not to exceed the total of
estimated income and unappropriated General Fund revenues."
Mike Taylor requested from the City Attorney references in the State Constitution that
empower a City to provide or not provide veto power to the Mayor over the will of the
Council.
Chairman Moore suggested changing Section 9.02(c) from three (3) to two (2)
consecutive regular Council meetings.
In reference to Section 9.02(f) Chairman Moore proposed changing September 15th in
the last sentence of the paragraph to either September 21st or 30th to allow time to
approve the budget at the second Council meeting in September, if needed. City
Manager Lindley stated the budget would need to be adopted by September 30th for
tax billing purposes. If the budget is not approved at that time, the Appraisal District
would probably send out separate tax bills for the school districts and the City, at a
cost to the City. City Manager Lindley stated he would have Finance Director Terry
Leake do the calendaring for the budget approval process.
3
Chairman Moore stated he would talk to the City Council regarding adding time for two
additional Charter review meetings on January 19th and 26tti.
Brad Rice indicated he would be absent on January 12th. Steve Magee indicated he
would absent on January 19th.
Brad Rice suggested that everyone bring their schedules to the next meeting so that
discussion and review of Article III could be planned for a time when everyone is
available.
V. Adjournment
Chairman Moore adjourned the meeting at 8:58 p.m.
4