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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