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Min CC 06/13/2013 - Public Hearing/Workshop of C/o V r o reXAs -city of Choice' Public Hearing/Workshop CIBOLO MUNICIPAL BUILDING 200 S. MAIN June 13, 2013 6:00 P.M. MINUTES 1. Call to Order-Mayor Hartman called the meeting to order at 6:00 p.m. 2. Roll Call—Mayor Hartman, Councilman Pedde(left 6:30), Councilman Troncoso (absent), Councilman Castro, Councilwoman Hale, Councilman Carlton, Councilman Liparoto and Councilman Hicks. Staff Present: City Manager Herrera, City Secretary Cimics, Finance Director Marquez and City Planner Anderson(Public Hearing Only). Charter Review Commission: Mr. Hogue, Mr. Hicks, Mr. Jackson, Mr. Gillen, Mr. Boyle, Mr. Dunn and Ms. Walker(came in late) 3. Public Hearing A. The City of Cibolo City Council will hold a Public Hearing to hear testimony concerning the voluntary annexation of two sections of FM 1103 right-of-way between Weil Road and Weidner Road, the entire right-of-way of Brite Road, the right-of-way of Weil Road between FM 1103 and Brite Road, the right-of-way of Tolle Road between Weil Road and Country Lane and 5.02 acres located along Weidner Road midway between FM 1103 and Town Creek Road. Mayor Hartman opened the Public Hearing at 6:00 p.m. Mr. Anderson gave a brief overview. No one wish to speak and the Mayor closed the Public Hearing at 6:02 p.m. 4. Adjourn from the Public Hearing to Workshop A. Discussion on the Charter Comprehensive Summary presented to City Council from the Charter Review Commission. Council went over the Charter Comprehensive Summary received by the Charter Review Commission. Spreadsheet is attached on all items discussed. 5. Adjournment: Councilman Liparoto moved to adjourn the meeting at 7:55 p.m. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carred 5 to 0. 1 PASSED AND APPROVED THIS 25TH DAY OF JUNE 2013. ennifer artman Mayor ATTEST: Peggy Cimics,TRMC City Secretary 1 Attachment- Spreadsheet 2 Review of Charter Summary as submitted by the Charter Review Committee Take Article/ Legal OK -go to Out/Don't Section Conformity ballot go to ballot Revisit Change Article 1 Form of Government and Boundaries Sec. 1.04 Disannexation Wh the Chan e - check with attorney X Article III Cit Council Sec. 3.01 2 Change to read: The Mayor and City Council members may serve no X more than three (3) conscutive terms and must "sit Sec. 3.01 3 This secton was deleted X Sec. 3.01 4 This section was deleted X Sec. 3.05 Vacancies, forfeiture and filling of vacancies 2 A Change to read: Fails to attend three (3) consecutive regular meetings, without obtaining an approved absence X 3 B Delete the 3 everything else OK X Reads: Violates any express prohibition within this C Charter- Check why needed X 3 Filling of Vacancies Review of Charter Summary as submitted by the Charter Review Committee A Change OK X 3 C Change OK X 3 D Change OK X 4 Paragraph added X Sec. 306 Powers of the City Council 15 Reads: Adopt development Master Plans and subdivision pla X Sec. 307 Prohibitions This paragraph was added to this section use to be 4 in 4.07 - Council fine with the move but wanted the X Sec. 3.08 Meeting of the City Council 2) Reads: Special meetings of the City Council shall be held at call of Mayor,City Manager (which was added) or a majority of the City Council Members X Sec. 3.12 Rules of Procedure Removed Robert's Rules of Order and inserted 1 adopt rules and regulations to conduct business X Sec. 3.13 Passage of Ordinances in General 1 Grammar correction X Review of Charter Summary as submitted by the Charter Review Committee 3 Grammar correction X Article IV _City Administration Sec. 4.01 Cit Mana er 5 City Manager shall D) Attend all City Council, Commission, and Board meetings - change to read: Attend or designate a X Sec. 4.03 Municipal Court First sentence - it was change to read a majority of 2) the voting membership - check with attorney X The other change in this paragraph was fine with council - took out without cause and added after due notice and a public hearing X 3 was completely deleted X 4 deleted X 5 deleted X Personnel System (Mayor would like to readdress Sec. 4.06 this item with Council) Review of Charter Summary as submitted by the Charter Review Committee Charter Review Committee removed this entire X X section from the Charter- Council would like to have Sec. 4.07 Freedom From Interference This section was deleted as it was moved to 3.07. Council fine with it. X Article V Nominations and Elections Sec. 5.01 City Elections 2) during the month of May was removed and now X reads: held annually on such date as required by Sec. 5.02 Filing for Office Candidates for elective City offices shall meet the 2 following qualifications: C) Sentence now reads: Shall have resided within in X corporate limits of the City, or recently annexed territory, and their District for at least twelve (12) months prior to the filing date and shall have their primary residence within the City limits of the City of Cibolo. Council fine with change. Sec. 5.05 _Taking of Office 1) Change to read: Each newly elected person to the X City Council shall be inducted into office at the first Review of Charter Summary as submitted by the Charter Review Committee Article VI Recall, Initiative, and Referendum Sec. 6.02 Petitions for Recall Changes that were made: As to the Mayor petition X must contain the number of valid signatures totaling at least thirty percent (30%) of the number of votes cast at the last general City election, or one hundred and fifty (150), whichever is greater. As to the Sec. 6.11 Failure of the City Council to Call an Election-Recall Section was change to read: If all of the X requirements of this Charter have been met and the nCity Council fails or refuses to receive the recall petition, or order such recall election, or discharge any other duties imposed on the City Council by the provisions of this Charter with reference to such Sec. 6.13 Initiative 1) First sentence the following was removed: Following a review by the City Attorney for enforceability and X Ordinances Passed by Popular Vote, Repeal or Sec. 6.20 jAmendment Review of Charter Summary as submitted by the Charter Review Committee This section was completely rewritten and the old X section was removed. Council was fine with the Failure of the City Council to Call an Election- Sec. 6.23 Initiative or Referendum Council was fine with the change to read: District X Judge of Guadalupe County, Texas shall be authorized to discharge any of such duties herein Article VII Financial Procedures Sec. 7.02 Submission of Budget and Budget Measure Sentence was change to read: On or before August X 15th of the fiscal year, the City Manager shall submit Sec. 7.04 Budget a Public Record This section was completely deleted. Council fine with change X Sec. 7.05 Public Hearing on Budget This section was rewritten to read: At the City X Council meeting when the budget is submitted, the Sec. 7.06 Proceeding on Adoption of Budget the following was added to the end of the last X sentence: and the new budget must be approved Budget, Appropriation and Amount to be Raised by Sec. 7.07 Taxation cash on hand was change to available fund balance - council fine with change X Review of Charter Summary as submitted by the Charter Review Committee Certification: Copies Made Available - Change to X Sec. 7.09 read Certification of Budget Last sentence was completely removed. Council fine with change Sec. 7.13 Borrowing Change to read: The City shall have the right and X power, except as prohibited by state law or this 1 Charter, to borrow money by whatever method it Sec. 7.14 Purchasing This was added - Council would like to take this out 4 of the Charter as it is Policy. X Sec. 7.16 _ Depository This section was removed - council has questions X Sec. 7.17 Independent Audits Last sentence was removed. Council fine with chan e. X Sec. 7.22 Transfer's of Budget Appropriations Reads as: The Finance Director may transfer X unencumbered appropriation balance or portion Review of Charter Summary as submitted by the Charter Review Committee Article/ Section Legal Conformity OK -go to ballot Take Out/Don't go to ballot Revisit Change Form of Government and Boundaries Article 1 Sec. 1.04 Disannexation Why the Change - check with attorney x Article III City Council Sec. 3.01 L2) Change to read: The Mayor and City Council members may serve no more than three (3) conscutive terms and must "sit out" for one election cycle before being eligible to run for, or be appointed to a City Municipal elected office. X x Sec. 3.01 (3) This secton was deleted Sec. 3.01 (4) This section was deleted __- x _ Sec. 3.05 Vacancies, forfeiture and filling of vacancies A Change to read: Fails to attend three (3) consecutive regular meetings, without obtaining an approved absence according to a policy established by the City Council within 30 days of this charter amendment being adopted. x 3)(B) Delete the (3) everythin else OK _ x C) Reads: Violates any express prohibition within this Charter - Check why needed x 3 Filling of Vacancies (A) Change OK X 3) C) Change OK x _ 3) D) Chance OK x _ 4) Paragraph added x _ _ — Sec. 306 Powers of the City Council 15) Reads: Adopt development Master Plans and subdivision plats. - and subdivision plats was deleted by the Charter Review Co. x Review of Charter Summary as submitted by the Charter Review Committee Sec. 307 Prohibitions 4) This paragraph was added to this section use to be in 4.07 - Council fine with the move but wanted the following added at the end of the first sentence: except those positions otherwise provided for by the Charter. X Sec. 3.08 Meeting of the City Council 2) Reads: Special meetings of the City Council shall be held at call of Mayor,City Manager (which was added) or a majority of the City Council Members upon provision of public notice in accordance with state law. Council did not want the change made. X _ Sec. 3.12 _ Rules of Procedure 1) Removed Roberts Rules of Order and inserted adopt rules and regulations to conduct business X Passage of Ordinances in General Sec. 3.13 1 Grammar correction X 3) Grammar correction X ArkleW City Administration City Manager City Manager shall Sec. 4.01 5 D) Attend all City Council, Commission, and Board meetings - change to read: Attend or designate a City employee to attend City Council, Commission, and Board meetings. Council fine with change. X Municipal Court _ Sec. 4.03 2) First sentence - it was change to read a majority of the voting membership - check with attorney X The other change in this paragraph was fine with council - took out without cause and added after due notice and a public hearing X 3) was completely deleted X 4 deleted X 5 deleted X Review of Charter Summary as submitted by the Charter Review Committee Sec. 4.06 Personnel System Mayor would like to readdress this item with Council) Charter Review Committee removed this entire section from the Charter- Council would like to have (1) kept in the Charter the rest can be deleted. X X Sec. 4.07 Freedom From Interference This section was deleted as it was moved to 3.07. Council fine with it. Nominations and Elections X Article V Sec. 5.01 City Elections during the month of May was removed and now reads: held annually on such date as required by the Texas Election Code and established by ordinance. Council fine with change 2) X Filing for Office Sec. 5.02 2) Candidates for elective City offices shall meet the following qualifications: C) Sentence now reads: Shall have resided within in corporate limits of the City, or recently annexed territory, and their District for at least twelve (12) months prior to the filing date and shall have their primary residence within the City limits of the City of Cibolo. Council fine with change. X Sec. 5.05 Taking of Office Change to read: Each newly elected person to the City Council shall be inducted into office at the first regular City Council meeting following the canvas of the elections. Council fine with change 1) X Article VI Recall, Initiative, and Referendum Petitions for Recall Sec. 6.02 Changes that were made: As to the Mayor petition must contain the number of valid signatures totaling at least thirty percent (30%) of the number of votes cast at the last general City election, or one hundred and fifty (150), whichever is greater. As to the Council Members said petition must contain the number of valid signatures totaling at least thirty percent (30%) of the number of votes cast at the last general City election, or fifty (50), whichever is greater. Council fine with change. Review of Charter Summary as submitted by the Charter Review Committee Failure of the City Council to Call an Election -Recall Section was change to read: If all of the requirements of this Charter have been met and the nCity Council fails or refuses to receive the recall petition, or order such recall election, or discharge any other duties imposed on the City Council by the provisions of this Charter with reference to such recall, then the District Judge of Guadalupe County, Texas shall be authorized to discharge any such duties herein provided to be discharged by the person performing the duties of City Secretary or by the City Council upon petition by an individual with standing under the laws of the State of Texas. Council fine with change. Initiative Sec. 6.11 Sec. 6.13 -X X 1) First sentence the following was removed: Following a review by the City Attorney for enforceability and legality. Council fine with change Sec. 6.20 Ordinances Passed by Popular Vote, Repeal or Amendment This section was completely rewritten and the old section was removed. Council was fine with the change with one correction: Middle of paragraph sentence should read (2/3) vote of the total number of City Council Members. X Sec. 6.23 Article VII Failure of the City Council to Call an Election -Initiative or Referendum X _ Council was fine with the change to read: District Judge of Guadalupe County, Texas shall be authorized to discharge any of such duties herein provided to be discharged by the person performing the duties of City Secretary or by the City Council upon Petition by an individual with staning under the laws of the State of Texas. Financial Procedures Sec. 7.02 Submission of Budget and Budget Measure Sentence was change to read: On or before August 15th of the fiscal year, the City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying budget message. Council fine with change. X Budget a Public Record This section was completely deleted. Council fine with change Public Hearing on Budget Sec. 7.04 X Sec. 7.05 This section was rewritten to read: At the City Council meeting when the budget is submitted, the City Council shall name the date and place of a public hearing. Council fine with change. Proceeding on Adoption of Budget the following was added to the end of the last sentence: and the new budget must be approved within thirty (30) days of the start of the new fiscal year. Council fine with change. X Sec. 7.06 X Sec. 7.07 Budget, Appropriation and Amount to be Raised by Taxation cash on hand was change to available fund balance - council fine with change Certification: Copies Made Available - Change to read Certification of Budget X Sec. 7.09 X Review of Charter Summary as submitted by the Charter Review Committee Last sentence was completely removed. Council fine with change Sec. 7.13 Borrowing Change to read: The City shall have the right and power, except as prohibited by state law or this Charter, to borrow money by whatever method it may deem to be in the public interest and in conformity with the laws of the State of Texas for the purpose for which they were issued. Council fine with change. 1 X Sec. 7.14 Purchasing 4 This was added - Council would like to take this out of the Charter as it is Policy. X Sec. 7.16 Depository _ This section was removed - council has uestions X Sec. 7.17 Independent Audits Last sentence was removed. Council fine with change.__ X Sec. 7.22 Transfer's of Budget Appropriations Reads as: The Finance Director may transfer unencumbered appropriation balance or portion thereof within department operating budgets upon approval from the City Manager. Council would like to take this out of the Charter as it is Policy. X