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HomeMy WebLinkAboutCity Council-Minutes-6/14/2016 City of Colleyville Page 1 City of Colleyville City Council Worksession Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, June 14, 2016 6:00 p.m. Executive Conference Room Third Floor - City Hall 1. CALL TO ORDER 2. PRESENTATION AND DISCUSSION 2a Discussion of the City of Colleyville Charter 3. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, June 10, 2016 by 5:00 p.m. Amy Shelley, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Worksession Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 14, 2016 Mayor Richard Newton called the Colleyville City Council worksession to order on June 14, 2016, at 6:00 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, and Mike Taylor Absent: Mayor Pro Tem Chris Putnam, and Councilmember Nancy Coplen City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, and City Secretary Amy Shelley were also present 2. PRESENTATION AND DISCUSSION 2a Discussion of the City of Colleyville Charter Assistant City Manager/Director of Public Safety Mike Holder provided a review of the Charter’s history. Mayor Newton stated he would like to provide direction to begin the Charter review process with amendments to be made in a special election in November. He stated if a committee is put together, they will need clear direction, and added he does not foresee this being a complicated review. He then asked City Council if they have any comments or suggestions for changes. Councilmember Short asked Mayor Newton if the actual ballot language would be required for the resolution calling the election in August. Mayor Newton replied yes. Councilmember Short asked staff if all of the proposed changes are finalized, have the items been backed into the calendar so that City Council can call the election in the same meeting. Mayor Newton replied yes, and City Manager Jennifer Fadden concurred. Mayor Newton suggested looking at Section 3.01 Number, Selection, Term: to limit the consecutive terms, in any one position, to two years (person could run for another place, but not the same place); Section 4.07 Public Disclosure: would like to extend that to the city manager and direct reports; Section 14.02 Personal Financial Interest: 14.02 applies to everyone; Section 3.09C Quorum and Voting: provide language to allow electronic voting; and, then the transition paragraphs are no longer necessary, maybe could be cleaned up. City Council Minutes June 14, 2016 City of Colleyville Page 2 Councilmember Nakamura concurred with Mayor Newton on the term limits. Mayor Newton stated the thought is they can run twice consecutively, and then we need to decide when we institute the change, like at the next election. Councilmember Nakamura suggested at the next election. Councilmember Nakamura stated the person should not be able to run for another place, they should have to step down for a period of time, otherwise that defeats the purpose of a term limit. Mayor Newton suggested one year. Councilmember Nakamura agreed. She also agreed with city manager and direct reports having to file financial disclosures as well. Councilmember Lindamood stated his main items would be ethics; electronic voting; term limits with two consecutive terms, with a one year wait time; and financial disclosure for employees and board members, such as the Planning and Zoning Commission. Councilmember Short stated he does not have a list of things that need to be changed. He asked about how far down the organization or citizen committees would the disclosure be required. Councilmember Nakamura stated some thought would need to be considered for certain committees in which disclosure is necessary. Mayor Newton asked staff if the Zoning Board of Adjustment and the Planning and Zoning Commission have disclosure requirements. City Manager Jennifer Fadden replied yes, those two. She further read O-02-1322 which established the financial disclosure requirements. She then explained that ordinance was amended in 2013 relative to the boundary map (City of Colleyville only). Councilmember Lindamood stated it seems to need more teeth in it. He stated he has to report more when he does contracting work. Councilmember Short asked Councilmember Lindamood how complicated does that get, it could be hundreds listed. Councilmember Lindamood stated you have to list everything on a spreadsheet, or financial disclosures, so that everyone knows who is doing work for who, personally, and this would be something we would need to figure out. Mayor Newton stated most of these are based on the material impact of the position you have, such as an officer of the company. Councilmember Lindamood stated the citizens need to know what is going on, such as what vested interest do you have in Colleyville; such as the Planning and Zoning Commissioners making decisions that could impact their interests. City Council Minutes June 14, 2016 City of Colleyville Page 3 Councilmember Short asked Mayor Newton if the disclosure could apply to those executives, such as corporate officers. Mayor Newton replied the decision making authority relative to contracts. Councilmember Lindamood stated his have not been that complicated, and it is for financial decision makers. Councilmember Taylor asked staff if financial disclosures are currently required for the Planning and Zoning Commission, Zoning Board of Adjustment, and City Council. City Manager Jennifer Fadden replied supplemental disclosure is currently required to be updated within five days of a change. Councilmember Taylor suggested for Section 3.09A Meetings should provide special meetings may be held on the call of the Mayor or three (3) members of the City Council otherwise TOMA is violated with the calling of four (4). He stated he believed the other changes can be updated by ordinance and done when needed as needed, to keep the Charter clean. He added he did not believe stating electronic voting does not seem something outlined in the Charter. Mayor Newton stated the two sentences about the “ayes” and “nays” being recorded, or that electronic voting is allowed, could be amended. Councilmember Short asked Mayor Newton if he envisions the Charter requiring electronic voting or allowing it. Mayor Newton replied to provide for that provision. Councilmember Taylor stated he believed using electronic voting could be used without violating the Charter. Mayor Newton agreed. Mayor Newton asked staff how Section 3.09A was brought to her attention. City Manager Jennifer Fadden replied Councilmember Taylor brought this to her attention, being concerned about the violation of TOMA with four members calling a special meeting. Mayor Newton added if this does not get changed, there are ways in which to call a meeting by not violating the law, because City Council can talk, independently, to the city manager, or the Mayor, and offer the suggestion of having a meeting. Councilmember Lindamood asked staff if Councilmember Coplen and Mayor Pro Tem Putnam offered any changes to the Charter. City Manager Jennifer Fadden replied they have not shared any changes with her. Mayor Newton stated relative to the ethics discussion, Sections 4.07 and 14.02 both get into ethical type things which apply to all, especially Section 14.02. Councilmember Taylor stated the Charter needs to be the overarching, and that ordinances can be passed to cover items not in the Charter. Mayor Newton stated relative to public disclosure it should be the city manager and direct reports to file disclosure. Councilmember Short stated there may be ways to get there, other than the Charter, such as through the city manager City Council Minutes June 14, 2016 City of Colleyville Page 4 contract. Mayor Newton stated the reason he believes direct reports because those are the key, senior, executives of the City. Councilmember Short asked Mayor Newton what City Council would do if they have an issue with a director report. Mayor Newton stated City Council would fire the city manager. He added citizen appointed volunteers have to file the reports therefore, the senior executives should too. Councilmember Taylor stated not having an issue with direct reports filing the disclosure; however, he believed it could be done through an ordinance, not a Charter amendment, as it should not be messed with as much as possible. Mayor Newton asked City Council what beyond ownership of property, should be put in place such as contractual relationships with governmental agencies, and how and where do we put it? Councilmember Taylor asked Councilmember Lindamood if the State’s database applies to all contracts, including cities, would this not be a duplicative process. Councilmember Lindamood replied all contracts, including cities, are disclosed. Councilmember Short stated there are tens of thousands of these filed with the state. City Manager Jennifer Fadden explained Form 1295 and its requirements, as outlined by the state. Any contract requiring governmental body approval, or up to $50,000 is required to comply with Form 1295. She stated any contract that meets these thresholds will have this information in the briefing before City Council approves the contract. She stated the governmental body does not check to see if there are conflicts; however, the internal process will have been complied with prior to it being placed on City Council’s agenda. Councilmember Lindamood stated he believes anyone that has a governmental interest, or financial favor, or sits on a board, should have to disclose this information. Mayor Newton restated the potential topics: term limits; provision for electronic voting; public and financial disclosures; and how many members to call a special meeting. Mayor Newton asked staff about the relevance of the question to Article IV – does the November uniform election date constitute a special or regular municipal election day. City Manager Jennifer Fadden replied the question was raised as it relates to Section 4.03 Special Elections. Mayor Newton added Section 4.03 would allow for the November date to be held as a special election. Mayor Newton asked staff if City Council can call a special election anytime. City Manager Jennifer Fadden replied no, there are provisions relative to vacancies in which a city may call an election on a date, other than the May or November City Council Minutes June 14, 2016 City of Colleyville Page 5 uniform election days, but City Council cannot just call an election whenever they want. Mayor Newton stated he did not believe Section 4.03 would need to be changed. Councilmember Taylor stated he believed the general election would be held in May with the option to have a special election in November, or as state law allows. Mayor Newton concurred. Mayor Newton stated nothing would need to be changed in Section 3.09C relative to the clarification of the election of a Mayor Pro Tem “ayes” and “nays.” City Manager Jennifer Fadden stated she believed it could be addressed in Sections 3.06 or 3.09. Councilmember Taylor stated he believed this is referenced in the Rules of Procedures. Councilmember Short stated the Charter states a Mayor Pro Tem must be elected, but it does not tell you how to do it. Mayor Newton stated he agrees with the philosophy of keeping the Charter as simple as possible so that a lot of changes are not made. City Manager Jennifer Fadden asked Mayor Newton if he is advocating to perhaps look at Section 3.06 as it relates to Mayor Pro Tem, or back to the voting issue in Section 3.09C. Mayor Newton replied nothing needs to be done in 3.09C, unless the voting is not clarified in the other spot. Councilmember Nakamura asked Mayor Newton about Section 3.09A. Mayor Newton replied it is still an item to discuss, and it is a simple number change. Councilmember Lindamood asked Mayor Newton about the consensus of 3.09A. Mayor Newton stated there had not been a consensus given, but what did he think. Councilmember Lindamood stated he agreed with Councilmember Taylor; however, if there is a way to do it, he is good with leaving it the way it is. Mayor Newton replied there is not an easy way. Councilmember Lindamood stated it would be great to put a committee together. Mayor Newton stated he would like to see a citizen committee be formed, and that it should be clean enough to get the work done quickly, within a given timeframe. Councilmember Nakamura agreed. Councilmember Taylor stated he would like for the committee to see what other cities have done, particularly the pros and cons, so that we are not reinventing the wheel. Mayor Newton added Southlake has term limits. Councilmember Nakamura asked Mayor Newton if Keller has term limits. Mayor Newton replied he did not believe so. Councilmember Nakamura stated Grapevine does not have term limits. City Council Minutes June 14, 2016 City of Colleyville Page 6 Mayor Newton stated the normal process for appointing a committee will not work for this committee. He suggested each Councilmember should provide two names, and out of that seven will be appointed. Councilmember Taylor suggested every member make an appointment. Mayor Newton stated he would like more people be suggested for an appointment. Mayor Newton stated he would like a resolution on the agenda to move forward with this direction and appoint the committee. He stated he wants the committee to report to City Council their recommendations. Mayor Newton asked staff about which meeting the resolution could be placed on. City Manager Jennifer Fadden replied this resolution could be posted on the June 21st agenda. She stated the names could be left blank, with the motion being made at the dais, similar to other board and commission appointments. Mayor Newton stated he would like to know the names ahead of time. City Manager Jennifer Fadden explained it could be discussed during Pre Council. Mayor Newton stated doing it like that does not give anyone time to think about the appointment between Pre Council and the regular meeting. He stated we want appointments that can add value to the committee, such as those being familiar with Charters. Councilmember Nakamura suggested that they could send their names to the city manager. Mayor Newton agreed. Councilmember Lindamood suggested this being discussed during the worksession on Thursday. City Manager Jennifer Fadden stated this item has not been posted for discussion. She added it could be posted to discuss at the budget worksession on Monday, June 20th. Mayor Newton agreed. Mayor Newton suggested everyone have their names to the city manager no later than Friday morning. City Manager Jennifer Fadden asked for clarification if the City Council wishes to have an appointment resolution on the June 21st agenda, and in the briefing you want to know the names of those appointments. Mayor Newton agreed. City Manager Jennifer Fadden asked City Council if they would like to have a discussion item added to the Monday, June 20th worksession agenda to discuss the Charter review committee names and the scope of their charge. Mayor Newton agreed, and stated it will give City Council an opportunity to make revisions to the resolution, if necessary, before Tuesday evening. City Manager Jennifer Fadden asked City Council if they are opposed to starting Monday’s worksession earlier than 6:00 p.m. Mayor Newton replied 5:30 p.m. would work for him, and other Councilmembers agreed. City Council Minutes June 14, 2016 City of Colleyville Page 7 City Manager Jennifer Fadden asked City Council if they are good with staff drafting a resolution which details the committee’s charge. Mayor Newton replied yes, but he would like to look at it prior to distribution. 3. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the worksession at 7:27 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 12TH DAY OF JULY 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary