Loading...
1988-10-25 CC Minutes1 CITY OF FARMERS BRANCH CITY COUNCIL SPECIAL MEETING LIBRARY AUDITORIUM OCTOBER 25, 1988 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Calla Davis Nancy Hardie Jeff Binford Bill Moses The following member of the City Council was absent: Councilman Herb Weidinger The following members of the City Administration were present: Assistant City Manager Steve Carpenter City Attorney Bob David City Secretary Ruth Ann Parish Public Information Officer Donna Huerta Duane Bishop Economic Development Director Norma Nichols Mayor Blair called the city Council Meeting of October 25, 1988 to order at 7:34 p.m. The meeting was televised. A.1 INVOCATION Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 DISCUSS AND CONSIDER SINGLE MEMBER DISTRICTING AND POTENTIAL CHARTER AMENDMENTS AFFECTING ELECTION PROCEDURES AND TAKE THE APPROPRIATE ACTION. Mayor Blair opened the meeting with an explanation as to the purpose of the Special Meeting. The meeting is being held to discuss and consider single member districting and potential Charter Amendments for the January 21, 1989 ballot. Mayor Blair further explained, it was the feeling of the Council that this meeting would allow sufficient time to submit to the Justice Department the suggested changes in the Charter as well as the wording of the ballot. Allowing 60 days should allow for response time, as well as re-submissions if necessary. The Charter Revision Committee has submitted two proposals in their interim report that affect election procedures: 0 Vol. 55, Page 199 1. Increase of terms for Councilmembers from two to three years. 2. Procedure for filling vacancies. City Attorney Bob David advised the Mayor of information he had just received from the Justice Department. Mr. David was advised that it mattered not if the City submitted the proposals, as the Justice Department would not issue a pre-election clearance. It was assumed, the intent of the Justice Department was, in fact, to receive only for review, Charter Revisions which had been voted on and were in effect at the time of the review. Some discussion followed, concerning this being the opinion of just one Justice Department Attorney, when in fact there may be many. It has been the experience of Hutchison Boyle Brooks & Dransfield, the City Attorney's firm, that with other cities pre-election clearance was granted. Mayor Blair indicated that it was the opinion of the Council that we move forward with our original plan to submit our proposals for pre-election clearance. In the event clearance is denied, we will have, for the record, submitted the proper requests. At this point in the discussion, Mayor Pro Tem Davis arrived. Mayor Blair announced this was an informal public meeting, and that he would recognize anyone who wished to speak: 1. Jim Colt - questioned mayor Blair in reference to the petition which he had submitted requesting a single member districting vote for the January 21, 1989 ballot. Mr. Colt was concerned that the City Attorney had indicated the wording on the petition was invalid. Mayor Blair explained that with the exact wording, the petition was asking for a referendum vote, not amendment to the existing Charter, as would be required. Mr. Colt was assured by Mayor Blair that the single member districting option will appear on the January 21, 1989 ballot. 2. Marty Giehrl - pre-clearance was of single member be assured by May, Council decides representation on was pleased to hear that no necessary. Addressing the issue districting, Mr. Giehrl wished to Dr Blair that the wording which upon will put citizen the January 21, 1989 ballot. Mayor Blair explained that the City Attorney will be instructed as to the the general ideas which the Council supports, and will come back at a future Vol. 55, Page 200 meeting with the exact legal verbage. Mr. Giehrl stated that as the Charter was the Constitution of the People of Farmers Branch, was intended to represent the people or the Council. Mr. Giehrl also indicated he felt that the two year term of office was sufficient, and that if a candidate had been successful in those two years, then he should not have any trouble running as an incumbent and winning. He asked the Council to reconsider the proposal of the committee and change that proposal to three, two-years terms for a total of six years. 3. Merv Cassatt - addressing single member districts, he requested the Council consider the proposal of Citizens for Equal Representation. Echoing the thought of Mr. Marty Giehrl concerning the length of terms, he warned that we should protect our Council from burn-out. 4. Vernon Smith - concerning the matter of terms of office, Mr. Smith was in favor of the two-year limitation. He particularly wanted to address the issue of Ethics, requesting the present Charter be re-written in understandable, enforceable guidelines. Mayor Blair explained that single member districting will not serve to solve all the problems brought about by the appointment process. Another issue the Mayor addressed was the limit on campaign spending, indicating many citizens feel they cannot afford to run for office. Endorsing the three-year term of office, Mayor Blair indicated it would be more cost-effective for the candidates. Mayor Pro Tem Davis did not wish to make a comment concerning campaign spending, however, did endorse the three-year term of office for a limit of two terms. 5. Vernon Smith - inquired of the Council if it would be legal to limit contribution to $25 per voting citizen. City Attorney, Bob David, responding to Mr. Smith's question, by indicating you could probably limit the size of contributions, however, you could not limit the spending. 6. Mildred Rogers - in favor of single member districting. Mrs. Rogers addressed the Council questioning how electing councilmembers at large could possibly be to her advantage, as she had been told by Mayor Pro Tem Davis. She strongly feels she should have a representative from her area, Vol. 55, Page 201 who would provide her a voice in the City Council' decisions. Councilman Binford explained to Mrs. Rogers that with the at-large system she has six Councilmembers to call for a problem, where she would be limited to only one with single member districting. 7. Merv Cassett - since the early 1900's most cities in Texas have had the members at-large elections, with only a few having single member districts. Mr. Cassett told of the using a combination voting system, whereby it was actually a combination of both systems. Many progressive Texas cities now have this system, he said. There was no one else who wished to speak at this time. Mayor Blair began to look at the exact wording for the ballot. Concerning Charter Section 2.01, Mayor Blair suggested the Council to have six members, designating places (1-4) to be elected at large, requiring that the candidate live in the electing district, while the Mayor & 5 be elected at-large, with no residency requirement for these two places. Councilman Binford favored either the two or three year term, however, felt the people should decide. Councilwoman Hardie addressing Charter Section 2.04 indicated she felt the ballot should state a specific number of years in separate issues, with separate choices for length of terms. 8. Susan Ellis - against single member districting, citing she felt this type of voting system was most beneficial for minority populations. As the minority population of Farmers Branch is only 10%, Mrs. Ellis felt single member districting would not be the most beneficial plan to the City as a whole. She further pledged her support of the new Mayor, City Manager, and this Council in an effort to move forward and to spend our time and money wisely. 9. Mildred Rogers - asked if the citizens will be allowed to vote on the proposed Charter changes? In reply to Mrs. Rogers, Mayor Blair explained she definitely would be allowed to vote on the Charter changes. City Attorney Bob David recommended that in reference to Section 2.01, terms of office, be voted on separately in a yes or no option on the ballot. These should be stated as precisely as possible, with the structure of the plan stated in precise language. Vol. 55, Page 202 nI l~ Councilman Binford indicated the people do need to have a choice. Mayor Pro Tem Davis suggested the possibility that two councilmembers and the Mayor be elected at-large. 10. Merv Cassett - stated that he understood single member districting to mean that the person lived in and was elected by the voters from that area. Councilman Binford questioned the petition bearing 733+ names as to the reality of all of these being serious-minded, interested parties. He also indicated that while in fact the petition did bear 733+ signatures, there were some 23,000 other citizens who needed to be considered. There was no other comment by the Council at this time. Mayor Blair addressed City Attorney Bob David and instructed him as to the desire of the Council. Mayor Blair presented the following proposal for verbage by Mr. David. The City of Farmers Branch City Council will consist of six members; the Mayor and Place 5 to be elected at-large, with no residency requirements; and Places 1-4 to be elected at-large, with residency requirement in the district place which they represent. Concerning the appointment process, Mayor Blair indicated the Council was in agreement with the Proposal made by the Charter Revision committee in their interim report. The terms of office will be six consecutive years for Councilmembers giving the voters a choice of either 2 three-year terms; 3 two-year terms; two-year term, unlimited; or three-year term unlimited. In addition, Mayor Blair suggested that in addition to the six years on council, there be an additional six years allowed to be Mayor. Concerning campaign spending, Mayor Blair indicated that the City would follow both State and Federal Laws, as directed by Ordinance. Councilman Binford stated that he favored a 6 year limit on the terms of office. City Attorney, Bob David, indicated that the choices should be made each on separate propositions to assure the voters truly have a choice. Mayor Blair further instructed City Attorney, Bob David, to prepare the wording and present it to Council at the November 21, 1988 meeting. A motion by Councilman Binford, Davis, all voting "aye", adjourned of October 25, 1988 at 9:05 p.m. a second by Mayor Pro Tem the Special Council Meeting Vol. 55, Page 203 Mayor LIa", Ziz , Cit Secretary Vol. 55, Page 204