Corrected  COUNTY OF DALLASICOUNTY OF KAUFMAN CITY OF SEAGOVILLE CITY COUNCIL MINUTES  CITY OF SEAGOVILLE  The City Council of the City of Seagoville met in a Regular Meeting on Thursday, January 20, 2011, beginning at 7:30 p.m. in the Council Chambers of City Hall, 702 N. Highway 175, Seagoville, Texas, with the following members present:  Mayor Council Member Council Member Council Member Council Member  Sidney M. Sexton, Jr. Harold Magill Lee Landess Carl Polnac Peggy Day Excused Absence  The following members were absent: Mayor Pro Tem Brenda Thompson  The following City staff members were present:  City Manager Assistant City Manager/PWD City Attorney Police Chief City Secretary Ken Carter, Chair Pat Bearden Billy Chambliss Joe Mitchell Mary Graham  Larry Graves Mike Hitt Bob Hager Pat Stallings Sheila Martin  The following Charter Review Committee Members were present:  Calvin Travers, Co-Chair Jerry Becker Lynell Douglass Dee Thompson Harold Redd  The following Charter Review Committee Members were absent:  Mayor Sexton called the meeting to order at 7:30 p.m. and delivered the  invocation. The City Council led the Pledge of Allegiance.  PRESENTATION/PROCLAMATIONIS)  None SPEAKERS None.  CONSENT AGENDA  1. January 6, 2011 Meeting Minutes    City Council Regular Meeting Minutes  January 20, 2011 Page 2 of6  2. Consider Resolution No. 03-11 Suspending an ONCOR Rate Increase 3. Consider Resolution No. 04-11 Declaring Certain Property Surplus and Authorizing the City Manager to Sell, Trade, or Dispose of the Property In Accordance with the Process Established in the Code of Ordinances Harold Magill noted a correction for RM-2 ONCOR Rate = that the proposed rate increase will result in an estimated $60 per year increase as opposed to an estimated $60 per month increase as written in the caption. Mr. Magill also noted Motion: Carl Polnac made a MOTION Harold Magill SECONDED to approve, Consent Agenda Items 1-3 with the above referenced amendments.  the duplication in RM-3 "Declaring Certain City Property."  Vote: 4Ayes and 0 Nays.  ITEMS FOR INDIVIDUAL CONSIDERATION:  PUBLIC HEARINGS NONE ACTION ITEMS  4. Consider 2010 Charter Review Committee recommendations to Amend City Attorney Hager began by stating that the proposals being considered tonight represent the Committee's work over the past four months. The goal of tonight's meeting will be to receive Council input on which Committee proposals will goon the May14, 2011 Ballot. In general, the Charter Review Committee has proposed amendments that will result in the Charter being reformatted and bringing the The Committee has also made recommendations regarding: granting the Mayor the vote, adding an additional Counci-Member, adopting three-year Council terms, City Manager residency requirements, Council voting abstentions, and Council service on the Seagoville Economic Development Corporation. Mr. Hager recommended the Council proceed by each stating their preference for placing each Committee recommendation on the May 2011 Ballot, and to state any  the City Charter  Charter in compliance with Texas State and Federal laws.  additional proposal for amending the City Charter.  Thompson:  Hager began by stating that Mrs. Thompson has submitted her comments in writing due to her excused absence from tonight's meeting. Hager summarized  Thompson's positions as being: Mayor Voting - No City Manager Residency Required - No Three-Year Terms - No Conflict of Interest codified by Ordinance - Yes    City Council Regular Meeting Minutes  January 20, 2011 Page 3of6 Magill  Seven (7)-member Council - 3 year terms (2,2, and 3) - Yes Twenty-five (25) qualified voters signing multiple competing petitions- Yes C One (1)-year residency requirement to run for office - Yes Limitations of Authority Discussion 2 years before a Councilmember could work for the City versus 1year residency before running for elective office C City Secretary appointmentremoyal should be Council decision. (Bob Hager stated:Title Seven applies to City Secretary position.)  Landess:  Five (5) voting CouncilMembers is enough =  Two (2)-year terms - Yes financial incentive candidates  City Manager residency required - No - Maybe the City should offer some I Likes the ideas of one (1)-year residency requirement for Council City Secretary = Believes Council should appoint and remove. Proposed language regarding City Secretary appointmentremoval is ambiguous - Needs -Audit = Prefers language to the effect as follows: "such audit should be made by acompetenf'certified public accountant." -with emphasis on competent - Asked about placing a time limit of every 6-years on reviewing the Charter. (Bob Hager clarified the Committee's intent that Council had the ability to appoint a committee to conduct a review of the Charter at anytime, but the Charter must / Abstentions - (No change Believes current practice should continue) C Council authority to appoint andlor abolish City departments - Supports Also said: It's prudent to wait until the full Council is present before voting on which items go forward for the May 14, 2011 vote. (Bob Hager stated: that he will bring back draft ballot language for the Council to consider during its February 3,  -Council creates andlor abolish City departments - Yes  more clarification  be reviewed every six years.)  2011 Council Meeting when all of Council will be present.) C City Manager residency requirement-No  Polnac  Three (3)-year terms = Doesn't have a problem with them - Can go either way - Seven (7)-member Council (2-2-3) - Likes the idea of: - Wanted to know if the proposal for a seven-member Council goes forward; how will the proposal look on (Bob Hager responded: that if the seven-member Council goes forward on the ballot, the proposition would include language that defines what constitutes a majority, and when the seven-member Council would go into effect.) Twenty-five petition signatures = Supports (Bob Hager raised the point: that while it has not been codified, in Seagoville; tradition has been to prohibit a qualified voter from signing multiple petitions for competing places.  the Ballot?    City Council Regular Meeting Minutes  January 20, 2011 Page 4of6  Council clarified their preference for voters signing multiple petitions for  competing places.) Day  S Seven (7) members - No - So few people interested in elective office. Adding an additional Council Member will increase the ratio of CouncilMembers to  citizens from 1/2800 to 1/2000 -City Manager residency requirement-No Three-(3)-year terms - No  Abstentions - Asked if under this recommendation, will a Council Member have to remove themselves from the Chamber? (Bob Hager explained: there is a difference between this proposal regarding absentions for moral and personal reasons and having a conflict ofi interest. Requiring 'abstaining" Council members toremove themselves from the Chambers could result in a lack of a quorum.  Sexton  Two-yearthree.year terms Can go either way - Up to two Council Members serve on SEDC - Yes Maintain 25 qualified voter signatures for Council candidates- Yes Maintain one-year residency requirement- = Yes Annual performance review for City Manager - Yes City Secretary appointmentremoyal - ACity Council decision Council authority to create and/or abolish departments - Yes Abstentions - Does not support - Fidelity Bond requirement for staff - Yes C Certified "competent" CPA to conduct audit - Supports - Requiring Charter Review every six years - Highly desirable City Manager residency requirement - No - Maybe a "parsonage" is in order Charter Review Committee members provided the following comments: H Ken Carter - 2-2-3 prevents City from being turned upside down in one election -Joe Mitchell - Does not support 7-member Council with Mayor voting I Dee Thompson = Opposes 7-member Council with Mayor voting  F Pat Bearden - Against 3-year Council terms  . Jerry Becker = One of the most grueling issues facing a new Council shortly after new members are seated is the budget. Adopting three (3)-year terms reduces volatility on C Calvin Travers = Leaving Council as-it-is 5-1 makes it as easy to get people out as it is too get them in. Opposes the notion that 3-year terms will create stability by allowing Council to remain in their places" longer. Believes Mayor should vote only in the case of at tie. With the Mayor not voting, he/she has the ability to discuss issues build consensus. Bob Hager - Stated Mayors of Texas cities is rooted in 150-year Texas history = Mayors routinely served as the municipality's administrator and CEO and as a result refrained from voting to enhance a "check and balances" approach to  the Council  operations and policy issues. Seven-member Council No - Magill, Landess, and Day  Bob Hager asked for confirmation on needed Ballot language:    City Council Regular Meeting Minutes  January 20, 2011 Page 50f6  Yes - Polnac with the Mayor voting City Manager Residency Requirement No- Magill, Landess, Polnac, Day Result: No ballot language needed Council candidate petition signatures Leave "as-is"-L Landess, Day, Magill Result: No ballot language needed  Result: No ballot language to increase the Council - No change in Council terms  Abolish - Polnac  City Secretary appointremove at City Manager's recommendation Landess - Wording concerns him because its ambiguous - Wants to prevent City Secretary being dismissed at the City Manager 's discretion  Magill - Agrees with Landess Polnac - Agrees with Landess  Day - Proposed the following: Appoint and remove City Secretary upon Result: Bob Hager stated no proposition/Dallot language is required; will write an  consultation with the City Manager and a Majority vote of Council  omnibus opinion for Council approval.  One-year residency requirement for City Council candidates  Bob Hager expressed concern that having more than a one-year residency  requirement will violate the Voting Rights Act Result: No ballot language required. Development Corporation Yes- Magill, Landess, Polnac, Day  Up to two CouncilMembers may serve on the Seagoville Economic  No-N None  Result: Bob Hager will draft May 14, 2011 ballot language  Supermajority (3 affirmative votes) of Council required to hire andlor fire the  City Manager No- None  Yes- Magill, Landess, Polnac, Day  Result: Bob Hager will draft language for May 2011 ballot City Charter mandatory review at least every six years Yes - Magill, Landess, Polnac, Day, , Sexton Result: Bob Hager will draft language for May 2011 ballot  No- None  Abstentions: Abstaining votes will not apply to prevailing side of issue  Yes - Magill, Landess, Polnac, Day  No-s Sexton  Result: Bob Hager will draft language for May 2011 ballot    City Council Regular Meeting Minutes  January 20, 2011 Page 6of6  Abolish City Departments  Yes - Magill, Landess, Polnac, Day, Sexton  No - None  Result: Bob Hager will draft language for May 14, 2011 ballot.  CITIZEN COMMENTS  Phil Greenawalt addressed the Council to extend an invitation to the Annual  Chamber Banquet on January 29, 2011.  FUTURE AGENDA ITEMS EXECUTIVE SESSION None ADJOURN  Harold Magill requested a future agenda item to promote the industrial park.  Mayor Sexton adjourned the Council meeting at 8:48 p.m. Approved this the 17th day of February, 2011  AKk Ms Sextoh, Jr.  Aisah Mayor  ATTEST:  Warin,fins Secretary  AARD