HomeMy WebLinkAboutSeptember 19, 2006 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
September 19,2006
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, September 19, 2006 at 5:30 p.m. in the City Council
Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. Receive a report, hold a discussion, and give staff direction regarding the 2006-07 Budget
and the 2006-2011 Capital Improvement Program.
2. Receive a briefing, hold a discussion and give staff direction concerning the proposed
Hunter Ranch project and proposed Public Improvement District (PID). Hunter Ranch is
proposed along both sides of135W, north of Crawford Road and south ofFM 2449.
3. Receive a report, hold a discussion and give staff direction regarding the City of Denton's
Sesquicentennial Celebration Committee.
4. Receive a report and hold a discussion on the recruitment, selection, and appointment of
George C. Campbell for the City Manager position. The Council reserves the right to
convene into closed session under Section 551.074 of the Texas Government Code to
deliberate the employment and evaluation of a future City Manager.
Special Called Regular Meeting of the City of Denton City Council on Tuesday, September 19,
2006 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas
at which the following items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B . Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. PUBLIC HEARINGS
A. Hold a public hearing on a proposal to adopt a tax rate of $0.62652 per $100
valuation, which will exceed the lower of the rollback rate or the effective tax
rate.
3. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider approval and take action on an ordinance appointing George C.
Campbell as City Manager and approving an employment agreement and
authorizing the Mayor to execute said agreement setting the compensation and
terms of employment; authorizing expenditures and actions; and providing an
effective date.
B. Boards/Commissions/Committees:
1. Economic Development Partnership Board
2. Sesquicentennial Celebration Committee
3. Airport Advisory Board
City of Denton City Council Agenda
September 19,2006
Page 2
NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its
Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended,
including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act.
However, the Council reserves the right to take action at the meeting regarding any item on the
agenda.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ,2006 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS ARE ACCESSIBLE
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY
WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: September 19,2006
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the 2006-07 Budget and
the 2006-2011 Capital Improvement Program.
BACKGROUND
The 2006-07 Proposed Budget was submitted to City Council on July 31, 2006, and a workshop
to present the details of the budget to City Council was conducted on August 2, August 15, and
September 12, 2006. On September 13, 2006, staff met with the Audit/Finance Committee and
presented a proposed revision to the 2006-07 Budget and the 2006-2011 Capital Improvement
Program (CIP). The first revision provides for the appropriation of the unreserved fund balance
in the Recreation Fund. The Recreation Fund supports the fee based recreation programs of the
Parks Department. The appropriation of the $256,750 of unreserved Recreation Fund balance,
which has been established from user and program fees, will enable the Parks Department the
flexibility to make enhancements to the benefit of program participants. The Recreation Fund
would still maintain a 15% undesignated fund balance. Please note, this is not an appropriation
of the General Fund Reserves.
The second revision provides for the re-designation of facility projects in the 2006-2011 Capital
Improvement Program for the HV AC, flooring, and roof replacement programs. The CIP
currently lists these items separately with the associated funding so that it appears to be three
separate programs. Staff proposed to consolidate these three programs into one program and
show the consolidated program and funding on an annual basis. By consolidating all three into
one program this will enable staff to handle unexpected events and schedule projects based on
need instead of funding.
It was the recommendation of the Audit/Finance Committee that we proceed with these changes
and present them to the City Council. Based on the recommendation from the City Council,
staff will make any necessary revisions to the 2006-07 Budget and 2006-2011 Capital
Improvement Program and present the information for your approval at the September 26, 2006
Council meeting.
The following describes the schedule to adopt the budget and tax rate.
September 12
City Council Budget Study
Public Hearing on Budget
1 st Public Hearing on Tax Rate
September 19
City Council Budget Study
2nd Public Hearing on Tax Rate
September 26
City Council Adopts Budget and Tax Rate
EXHIBITS
Recreation Fund Budget
2006-2011 CIP
Respectfully submitted:
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Jon Fortune
Assistant City Manager
CITY OF DENTON, TEXAS
ANNUAL PROGRAM OF SERVICES
REVISED
RECREATION FUND
RESOURCE & EXPENDITURE SUMMARY
2006-07
2004-05 2005-06 2005-06 2006-07
RESOURCES ACTUAL BUDGET ESTIMA TE * ADOPTED
Special Projects $ 4,983 $ 1 2,380 $ 8,000 $ 7,864
Marketing 27,649 30,879 28,500 28,059
Civic Center 4,630 1 9,7 48 15,298 1 2,340
Denia Recreation Center 106,963 133,658 118,000 115,458
North Lakes Recreation Center 205,742 198,327 198,327 234,645
Senior Center 36,785 35,948 35,790 35,564
Children's Programs 299,638 440,242 440,242 396,046
Goldfield Tennis Center 57,838 65,650 59,565 64,21 3
Civic Center Pool 65,785 124,581 79,000 51,359
Therapeutics 1,773 5, 155 2,000
Martin Luther King Jr. Recreation Center 75,711 94,444 94,444 74,561
McMath Gymnasium 35,21 7 26,554 29,000 35,472
Athletics 1 1 0,953 112,545 112,545 174,300
Golf 5,602 13,028 8,845 1 2, 1 91
Miscellaneous Income 1, 126
Interest Income 1 0,485 4,000 12,000 1 0,000
TOTAL REVENUES $ 1,050,880 $ 1,31 7, 139 $ 1,24 1,556 $ 1,252,072
Use of Reserves 1,919 256,655
TOTAL RESOURCES $ 1,050,880 $ 1,31 7, 139 $ 1,243,475 $ 1,508,727
2004-05 2005-06 2005-06 2006-07
EXPENDITURES ACTUAL BUDGET ESTIMA TE * ADOPTED
Personal Services $ 369,393 $ 579,279 $ 546,314 $ 488,424
Materials & Supplies 230,397 329,614 312,759 452,81 5
Maintenance & Repair 8,085 1 4,205 1 4,205 55,175
Insurance 20,242 18,754 18,754 16,542
Operations 1 98,070 267,540 250, 197 266,564
Cost of Service - General Fund 83,974 105,051 98,550 115,105
Cost of Service - Customer Service 14,500
Cost of Service - Technology Services 2,957
Cost of Service - Materials Management 2,696 2,696 5,645
Fixed Assets 105,500
TOTAL EXPENDITURES $ 924,661 $ 1,31 7, 139 $ 1,243,475 $ 1,508,727
PERSONNEL 2004-05 2005-06 2005-06 2006-07
Full- Time Equivalents (FTE) ACTUAL BUDGET ESTIMATE * ADOPTED
Service/Maintenance
Office/Clerical
T ec h n i ca I/P a ra profess io n a I
Professional
Ma nagement /Su pervision 1.00 1.00 1.00 1.00
Temporary /Seasonal 24.12 25.79 25.79 21 .93
TOTAL PERSONNEL 25.12 26.79 26.79 22.93
* Estimate as of May 2006
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AGENDA INFORMATION SHEET
AGENDA DATE:
September 19, 2006
DEP ARTMENT:
CM:
Planning and Development
Howard Martin, 349-8232"
SUBJECT
Receive a briefing, hold a discussion and give staff direction concerning the proposed Hunter
Ranch project and proposed Public Improvement District (PID). Generally, Hunter Ranch is
proposed along both sides of135W, north of Crawford Road and south ofFM 2449.
BACKGROUND
Petrus Investment, L.P., has applied for rezoning of approximately 3,331 acres along both sides
of 135W. The proposed project will utiltize the proposed Master Planned Community Zoning
category. The Council is scheduled to hold a public hearing on the Development Code
amendments that will put the MPC category in place on September 26, 2006.
The applicant is proposing the following land uses:
. 149.2 acres ofCM-M;
. 215.6 acres ofCM-G;
. 2,504.7 acres of NR-6 with an overlay to limit maximum density to 4.03 units per acre.
Additionally, the following identifies the acreages of varied densities that will be
developed on the property:
· A minimum of227.8 acres will be developed at 1 unit per acre;
· A minimum of 486.9 acres will be developed at 2 units per acre;
· A minimum of 133.3 acres will be developed at 3.5 units per acre;
· A minimum of739.9 acres will be developed at 4 units per acre;
· A maximum of 901.2 acres will be developed at 6 units per acre;
. 273.8 acres ofNRMU-12 with an overlay to limit density to 10 units per acre;
. 19.3 acres ofNRMU with an overlay to limit density to 20 units per acre;
. 76.8 acres ofNRMU with an overlay to limit density to 15 units per acre;
. 52.5 acres ofNRMU with an overlay to limit density to 10 units per acre;
. 39.7 acres ofNR-l with an overlay for gas well development only.
Applicant will need to request an amendment to the Denton Plan in concert with the proposed
zoning amendments.
In addition to the proposed zoning, the applicant requests to address the council concerning its
proposal to utilize a public improvement district (PID), a type of special district, for this project.
EXHIBITS
1. Zoning map as submitted by applicant
2. Exhibits provided by applicant
Respectfully submitted,
Kelly Carpenter, AICP
Planning and Development Director
Prepared ~y:
Brian Lockley, AICP
Plan Implementation Coordinator
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Exhibit 3
Exhibit 2
August 31, 2006
Honorable Mayor and City Council Members
City Hall
215 E. McKinney Street
Denton, TX 76201
Re: Hunter Ranch Master Planned Community
Dear Mayor and City Council Members
We are very pleased to have this opportunity to present the Hunter Ranch Master
Planned Community (MPC) Zoning District application to you in a Work Session format.
As you all are aware, Aperion Communities is proposing to develop the Master Planned
Community on approximately 3,331. The topics we intend to discuss in the work session
include;
1. Introduction
2. Community Vision,
3. Project Overview, and
4. Public Improvement Districts (PID's),
a. The purpose for PID's
b. The process by which they are created
c. Their ability to add & exclude land
d. The method by which they are governed and operated
e. How they are different from other special taxing districts
f.
Prior to the meeting, we would like to provide you with some background on the
development to encourage a productive discussion and feedback.
2405 Mustang Drive / Grapevine, Texas 76051 / 469-955-8580 / 817-329-4453 (Fax)
Project Summery:
The proposed zoning designations include the following uses, acreages and densities
(Exhibit 1):
Density
Zoning District I Use (dwelling Maximum FAR Acreage
units per
acre)
NR-1 Single-family 1 n/a 227. 8 minimum
NR-1 (N) Gas Well 0 n/a 39.7
NR-2 Single-family 2 n/a 286.9 minimum
NR-3 Single-family 3.5 n/a 133.3 minimum
NR-4 Single-family 4 n/a 739.9 minimum
NR-6 Single-family 6 n/a 901.2 maximum
NRMU-12(C) Multi-family 10 n/a 273.8
NRMU(A) Multi-family 20 n/a 19.3
NRMU(B) Multi-family 15 n/a 76.8
NRMU(N) Neighborhood 0 0.75 52.5
Commercial
GM-G Commercial 0 1.5 215.6
CM-E Commercial / 0 0.75 149.2
Office
Development Thresholds:
Maximum number of Single-Family Units 10,035
Average Single-Family Density 4.03 units per acre
Maximum number of Multi-family Units 4,276
Average Multi-family Density 11.56 units per acre
Single-family to Multi-family Ratio* 70.120/0 to 29.880/0
A minimum of 2,500 single-family houses shall be constructed (permitted) prior to any
multi-family units being constructed.
*The Single-Family to multi-family ratio may never exceed 71 % single-family units to
290/0 multi-family units during the construction of the project.
The multifamily densities have been reduced/restricted to 10 units per acre in NRMU-
12(C), 15 units per acre in NRMU(B), and 20 units per acre in NRMU(A) resulting in an
overall multifamilv density of 11.56 units per acre, below the stated Comprehensive Plan
goal of 14 units per acre.
Page 2 of 3
With the exception of NR-1 (N), the gas well sites, the densities of the NR-1 - NR-6
districts are identical to those in the Development Code. By incorporating a relatively
large amount of lower density development we are able to maintain an overall sinqle
familv density (includinq townhouses) of 4.03 units per acre.
As identified above, the single-family to multifamily ratio for the project is capped at
70.120/0 SF to 29.880/0 MF well below the stated Comprehensive Plan goal of 600/0 SF and
400/0 MF. At no time will the ratio exceed 71 % to 290/0 and no multifamilv unit will be
construct until a minimum of 2.500 sinqle-familv units have been permitted (built or under
construction) .
Open Space / ESA:
Part of the MPC submittal, includes an Alternative ESA Plan related to Upland Habitat.
Of the 264.2 acres of Upland Habitat on the property, we are proposing to retain 470/0
(less than the 500/0 required). However, we are proposing to retain over 750/0 of Pilot
Knob in its current natural state. Additionally, we would retain a minimum of 7.6 acres of
non-ESA Post Oaks to off-set the 30/0 that we are below.
The Concept plan also calls for 233 acres of parks and trails as well as 472 acres of open
space (floodplain & stream buffer). With the Upland Habitat, the total amount of open
space and parks is approximately 705 acres which constitutes over 21 % of the total
property. In addition to those areas, neighborhood parks (typically between 0.5 and 0.8
acres) will be designed into every neighborhood adding to the total amount of open space
within the project. In general, every house will be within a few blocks of a park or open
space.
Those are just some of the highlights the project. We look forward to continue to working
with you on this exciting project and if you have any questions or need any additional
information, please do not hesitate to contact me.
Sincerely,
S rin Brook Plannin
P
Cc: Gary Lane, AICP
Page 3 of 3
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AGENDA INFORMATION SHEET
AGENDA DATE: September 19,2006
DEPARTMENT: City Manager's Office
CM: Howard Martin, Interim City Manager
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the City of Denton's
Sesquicentennial Celebration Committee.
BACKGROUND
The Agenda Committee requested that this item be placed on the Work Session to discuss
proposed nominations to the Committee, a charge for the Committee and other related issues
concerning the upcoming celebration events.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S : \Agenda Items\Board-Commission vacancies.doc
AGENDA INFORMATION SHEET
AGENDA DATE:
September 19, 2006
DEP ARTMENT:
CM:
Human Resources ..
Howard Martin, 349-8232 .-
SUBJECT
Receive a report and hold a discussion on the recruitment, selection, and appointment of George
C. Campbell for the City Manager position. The Council reserves the right to convene into
closed session under Section 551.074 of the Texas Government Code to deliberate the
employment and evaluation of a future City Manager.
BACKGROUND
At the September 12, 2006, City Council meeting, Council member Jack Thomson, as chair of
the CAPR committee, announced George C. Campbell as a finalist for the City Manager
position. This announcement was made as a result of a search process that began in June, with
the assistance of Ron Holifield, Owner and CEO of Strategic Government Resources, Inc. Mr.
Campbell was one of four prospects interviewed by the CAPR committee on August 8, 2006.
The CAPR committee recommended Mr. Campbell to the City Council as the best prospect. The
entire Council met with Mr. Campbell on August 15, 2006, and individual meetings were held
beginning on August 25, 2006.
PRIOR ACTION/REVIEW
The City Council met with George C. Campbell on August 15, 2006, and individual Council
members met with him beginning on August 25, 2006.
FISCAL INFORMATION
Proposed salary and benefits are included in the employment agreement.
R~ d:
Lt. .." .. . u~.Ji
Carla J. Romine
Director of Human Resources
AGENDA INFORMATION SHEET
AGENDA DATE: September 19,2006
DEPARTMENT: Fiscal Operations
ACM: Jon Fortune
SUBJECT
Hold a Public Hearing on a proposal to adopt a tax rate of$0.62652 per $100 valuation, which
will exceed the lower of the rollback rate or the effective tax rate.
BACKGROUND
On July 31, 2006 staff provided Council with a copy of the required notice of effective tax
rate calculation that would be published in the Sunday, August 6, Denton Record-Chronicle.
Municipalities are required to publish their rollback tax rates in the newspaper, along with the
effective tax rate and other required schedules. The rollback tax rate divides the overall
property taxes into two categories-maintenance and operations (M&O) taxes and debt
service taxes. By law, the rollback rate for taxing units is set at an eight percent (8%) increase
in operating (M&O) taxes. The effective tax rate is generally the property taxes divided by
the current year's taxable value of properties that were on the tax roll in both years. This rate
excludes taxes on properties no longer in the taxing unit and also excludes the current taxable
value of new properties (growth). The City of Denton's effective rate is $0.56704/$100
valuation and the rollback rate is $0.62790/$100 valuation.
The Texas Property Tax Code mandates specific publications to be provided by the City. The
code specifies that "When a proposed rate exceeds the lower of the rollback rate or the
effective rate, the taxing unit's governing body must vote to place a proposal to adopt the rate
on the agenda of a future meeting as an action item." Senate Bill 18, passed during the 79th
Regular Session of the Texas Legislature, requires that two public hearings be held on the
proposed tax increase, with the second hearing occurring three to fourteen days after the first.
The proposed 2006-07 budget includes a $0.62652 tax rate, and exceeds the effective tax rate;
therefore, it requires two public hearings, as well as a published quarter-page notice notifying
the public of the hearings, and a published quarter-page notice before adopting the tax rate
(see attached).
ESTIMATED SCHEDULE
8/15/06
9/12/06
9/19/06
9/26/06
V ote to Place Proposal on Future Agenda
Hold First Public Hearing
Hold Second Public Hearing
Adopt Tax Rate
Agenda Information Sheet
September 19,2006
Page 2
PRIOR ACTION/REVIEW
On August 15, 2006, Council met and discussed placing a proposal on a future agenda to
adopt a 2006 tax rate and calling two public hearings on a tax increase. On September 12,
2006 a public hearing was held on the proposed tax rate.
FISCAL INFORMATION
The proposed property tax rate is $0.62652/$100 valuation for the 2006-07 proposed budget.
EXHIBITS
Notice of Public Hearings
Notice of Vote on Tax Rate
,.Respect:U~l~ ~ubmitted:
~ .
. ~
Jon Fortune
Assistant City Manager
NOTICE OF PUBLIC HEARING ON TAX INCREASE
The City of Denton will hold two public hearings on a proposal to increase total tax revenues from
properties on the tax roll in the preceding year by 10.49 percent (percentage by which proposed taxes
exceeds lower of rollback tax rate or effective tax calculated under Chapter 26, Tax Code). Your individual
taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable
value of your property in relation to the change in taxable value of all other property and the tax rate that is
adopted.
The first public hearing will be held on September 12th at 6:30 p,m,
at
215 E, McKinney, Denton, TX 76201,
The second public hearing will be held on September 19th at 6:30 p,m,
215 E, McKinney, Denton, TX 76201,
at
The members of the governing body voted on the proposal to consider the tax increase as follows:
FOR the proposal: Mayor Perry McNeill, Mayor Pro Tem Pete Kamp, Deputy Mayor Pro Tem Joe Mulroy,
Council Member Charlye Heggins, Council Member Guy McElroy
Council Member Bob Montgomery, Council Member Jack Thomson
AGAINST the proposal:
PRESENT and not voting:
ABSENT:
Budget with Last Year's Budget
The applicable percentage increase or decrease (or difference) in the amount budgeted in the preceding fiscal year and the
amount budgeted for the fiscal year that begins during the current tax year is indicated for each of the following expenditure
categories:
Maintenance and operations
Debt service
Total expenditures
9,2
13,61
9,68
0/0 (Increase) or
0/0 (Increase) or
0/0 (Increase) or
0/0 (Decrease)
0/0 (Decrease)
0/0 (Decrease)
Total Appraised Value and Total Taxable Value
calculated under section 26.04, Tax Code
Total appraised value* of all property
Total appraised value* of new property**
Total taxable value*** of all property
Total taxable value*** of new property**
Preceding Tax Year
$ 5,135,825,863
$ 480,045,643
$ 4,789,376,811
$ 213,311,230
$
$
$
$
Current Tax Year
5,844,920,251
546,332,114
5,441,228,909
255,219,881
Bonded Indebtedness
Total amount of outstanding and unpaid bonded indebtedness
$
130,160,000
Tax Rates
Adopted tax rate for the preceding tax year
Proposed tax rate for the current year
Difference in the proposed tax rate and the
adopted tax rate for the preceding tax year
$
$
$
0,60815
0,62652
0,01837
per $100 in value
per $100 in value
per $100 in value
Percentage increase or decrease in the
proposed tax rate and the adopted tax rate
for the preceding tax year
3,020/0
0/0 Increase
OR
0/0 Decrease
0,000/0
These tax rate figures are not adjusted for changes in the taxable value of property.
* "Appraised Value" is the amount shown on the appraisal roll and defined by Section 1.04(8), Tax Code.
** "New Property" is defined by Section 26.012(17), Tax Code.
*** "Taxable Value" is defined by Section 1.04(10), Tax Code.
Comparison of Residence Homestead Taxes
Average appraised and taxable values on residence homesteads are compared from the preceding tax year and the current tax
year,
Preceding Tax Year
Current Tax Year
Average residence homestead value
Homestead exemption amount for the taxing unit
(excluding special exemption for persons 65 years
of age or older or disabled,)
$
$
123,723
5,000
$
$
130,395
5,000
Average taxable value of a residence homestead
(excluding special exemptions for person 65 years
of age or older or disabled,)
$
118,723
$
125,395
Comparison of Residence Homestead Taxes
The taxes would have been imposed in the preceding tax year on a residence homestead at the average appraised value
(excluding special exemptions for persons 65 years of age or older or disabled) are estimated to be $722,01, The taxes that
would be imposed in the current tax year on a residence homestead appraised at the average appraised value in the current tax
year (excluding special exemptions for persons 65 years of age or older or disabled), if the proposed tax rate is adopted, are
estimated to be $785,62, The difference between the amount of taxes on the average residence homestead in the current tax
year, if the proposed tax rate is adopted, and the preceding tax year would be an increase of $63,61 in taxes,
Notice
Of Vote on Tax Rate
The City of Denton
conducted public hearings on a proposal
to increase the total tax revenues of the
City of Denton
from properties on the tax roll in the preceding
year by 10.49 percent
on September 12th & September 19th 2006.
The City Council
is scheduled to vote on the tax rate that
will result in that tax increase at a public
meeting to be held
on September 26, 2006
at 215 E. McKinney, Denton, Texas 76201
AGENDA INFORMATION SHEET
AGENDA DATE:
September 19, 2006
DEP ARTMENT:
CM:
Human Resources
Howard Martin, 349-8232 ..
SUBJECT
Consider approval and take action on an ordinance appointing Geroge C. Campbell as City
Manager and approving an employment agreement and authorizing the Mayor to execute said
agreement setting the compensation and terms of employment; authorizing expenditures and
actions; and providing an effective date.
BACKGROUND
At the September 12, 2006, City Council meeting, Council member Jack Thomson, as chair of
the CAPR committee, announced George C. Campbell as a finalist for the City Manager
position. This announcement was made as a result of a search process that began in June, with
the assistance of Ron Holifield, Owner and CEO of Strategic Government Resources, Inc. Mr.
Campbell was one of four prospects interviewed by the CAPR committee on August 8, 2006.
The CAPR committee recommended Mr. Campbell to the City Council as the best prospect. The
entire Council met with Mr. Campbell on August 15, 2006, and individual meetings were held
beginning on August 25, 2006.
The CAPR committee met with Mr. Campbell along with Ron Holifield on September 8, 2006,
to discuss salary, benefits, and terms of employment. As a result of this discussion, the attached
employment agreement was drafted.
PRIOR ACTION/REVIEW
The City Council met with George C. Campbell on August 15, 2006, and individual Council
members met with him beginning on August 25, 2006.
FISCAL INFORMATION
Proposed salary and benefits are included in the employment agreement.
EXHIBITS
1. Ordinance
2. Employment Agreement
R~ d:
~__u_~u.. . u.M-Ji
Carla J. Romine
Director of Human Resources
. s: \Our Documents\Ordinances\06\campbell agreement.doc
ORDINANCE NO.
AN ORDINANCE APPOINTING GEORGE C. CAMPBELL AS CITY MANAGER AND
APPROVING AN EMPLOYMENT AGREEMENT AND AUTHORIZING THE MAYOR TO
EXE"CUTE SAID AGREEMENT SETTING THE COMPENSATION AND TERMS OF
EMPLOYMENT; AUTHORIZING EXPENDITlJRES AND ACTIONS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council Appointee Performance Review Committee has
recommended that the City Council appoint George C. Campbell as City Manager and that he be
employed in accordance with the terms of the Employment Agreement which is attached to and
made a part of this ordinance for all purposes; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby appoints George C. Campbell as City Manager
and approves the attached Employment Agreement employing George C. Campbell as City
Manager and authorizes the Mayor, or in his absence the Mayor Pro Tern, to execute this
Employment Agreement setting the terms of employment, compensation, and other matters
related to the employment of the City Manager.
SECTION 2. The expenditures and all other actions set forth in the Agreement are
hereby authorized and approved.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEG
EDWINM. S , C
BY:
FORM:
ATTORNEY
Exhibit 1
"II S :\QUT Documents\Contracts\06\City Manager Employment Agreement-2.doc
STATE OF TEXAS S
COUNTY OF DENTON S
Employment Agreement
This Agreement, made and entered into this 19th day of September, 2006 by and between the
City of Denton, Texas, a Texas municipal corporation, hereinafter called "Employer", and
George C.. Campbell, hereinafter called "Employee", both of whom agree as follows:
Witnesseth:
Whereas, Employer desires to employ the services of Employee as City Manager of the City of
Denton, and
Whereas, it is the desire of Employer to (1) secure and retain the services of Employee and to
provide inducement for him to remain in such employment, (2) to make possible full work
productivity by assuring Employee's morale and peace of mind with respect to future security,
and (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the
Employee; and
Whereas, Employee desires to accept employment as City Manager of said City of Denton,
Texas; and
Whereas, the parties acknowledge that Employee is a member of the International City/County
Management Association (leMA) and that Employee is subject to the leMA Code of Ethics;
Now, therefore, in consideration of the mutual covenants herein contained, the parties agree as
follows:
SECTION 1 ~
DUTIES
Employer hereby engages the employment services of Employee as City Manager of said
Employer to perform the functions and dutie~ specified by the Denton City Charter, the City
Code, the laws of the State of Texas, and all other applicable laws, and to perform other legally
permissible and proper duties and functions as Employer shall from time to time assign..
SECTION 2.
TERM
A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
Employer to terminate the services of Employee at any time, subject only to the
provisions set forth in Section 4, paragraphs A and B of this Agreement.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
Employee to resign at any time from his position with the Employer, subject only to the
provision set forth in Section 4, paragraph C, of this Agreement
1
Exhibit 2
.. S :\Our Documents\Contracts\06\City Manager Employment Agreement-2.doc
C.. Employee shall perform the duties ofC;ity Manager beginning on November 1, 2006, and
agrees to remain in the exclusive employ of Employer Wltil December 31, 2011 and
neither to accept other employment nor to become employed by any other employer Wltil
this Agreement is terminated by either party as provided herein. This Agreement shall
automatically renew for successive one year terms unless Employer gives Employee at
least 30 day written notice of termination prior to such one year extension. The term
"employed" shall not be construed to include occasional teaching, writing, or consulting
performed on Employee's time off, so long as it is approved in accordance with Section 8
hereof..
SECTION 3..
SUSPENSIONIREMOV AL
Subject to the provisions of Section 4 below," Employer may suspend or remove the Employee
with or without full pay and benefits at any time during the term of this Agreement, but only if:
1 . Employer and Employee agree, or
2.. At least 30 days before the suspension or removal shall become effective, the City
Council shall by a majority vote of its members adopt a preliminary resolution
stating the reasons for his removal. Employee may reply in writing and may
require a hearing at a public meeting of the Council, which shall be held not
earlier than 20 days nor later than 30 days after the filing of such request.. The
hearing may be held in executive session, at the option of the Council, unless
Employee requests the hearing i be held in open session in accordance with Tex..
Gov't Code 9551.074.. Pending such hearing, the Council may suspend Employee
from duty, but may not suspend or reduce his salary.. After such hearing or public
hearing, if one be requested, an'd after full consideration, the Council by majority
vote may adopt a final resolution of removal or suspension..
SECTION 4.. SEPARATION AND SEVERANCE PAY
A~ Employee serves at the will and pleasure of the City CounciL In the event of his
involuntary separation as City Manager, he shall be entitled to receive a lump sum
payment equal to six months aggregated" salary; provided, however, that in the event of
his termination because of his conviction for any offense involving moral turpitude or an
illegal act involving personal gain to h~m, or as provided in Section 87~013 of the Local
Government Code any act of incompetency, official misconduct, or intoxication on or off
duty caused by drinking an alcoholic beverage; then, in those events, the City shall have
no obligation to pay the aggregate severance sum designated herein~ At the end of six
months following the effective date "":of this Agreement the Employer will consider
extending the lump SlUll severance amount to an additional six months aggregated salary
if the Employer is satisfied with Employee's performance at that time.
B. Involuntary separation as used in this p~graph means: (1) his discharge or dismissal by
the City Council; or (2) his resignation following a reduction in salary or other financial
benefits of Employee in a greater percentage than an applicable across-the-board
reduction for all City employees; or (3) in the event the Employer refuses, following a
written notice, to comply with any other provision benefiting Employee herein.. Then, in
"2
S :\Qur Documents\Contracts\06\City Manager Employment Agreement-2.doc
the event of one of the occurrences listed above, Employee may, at his option, be deemed
"terminated" at the date of such reduction in payor Employer's refusal to comply within
the meaning of the context of the severance pay provision.
c. In the event Employee voluntarily resigns his position with Employer before expiration
of the aforesaid term of his employment, then Employee shall give Employer 30 days
notice in advance, unless the parties othelWise agree.
SECTION 5.
SALARY
A. Employer agrees to pay Employee for his services rendered pursuant hereto an annual
base salary of $192,000, payable in installments at the same time as other employees of
the Employer are paid. All provisions of the City Charter, City Code, and Rules and
Regulations of the City adopted by the City Council relating to vacation and sick leave,
retirement and pension system con~bution, holidays, and other fringe benefits and
working conditions as they now exist or hereafter may be amended, shall apply to
Employee as they would to other employees of the City, which benefits include health
insurance, long-term disability insurance, retirement Wlder the Texas Municipal
Retirement System, and other benefits as provided to other Council appointees of the
City. However, Employee may elect not to participate in the Employer's health
insurance plan, in which case he will :"be entitled to an additional sum of up to $8,000
annually, which will be paid in instal~ents at the time his salary is paid.
B. In addition, Employer agrees to increase said base salary and/or other benefits of
Employee in such amounts and to such extent as the Council may determine within the
approved budget that it is desirable to do so on the basis of an annual performance review
of said Employee made at the same time as similar consideration is given other Council
appointees.
SECTION 6.
PERFORMANCE EVALUATION
A. The Council shall review and evaluate the performance of the Employee at least once
annually during the time set aside each: year for the performance review of other Council
appointees. Said review and evalua~on shall be in accordance with specific criteria
developed jointly by Employee and Employer. Said criteria may be added to or deleted
from as the Council and Employee shall agree.
B. Annually, the Council and Employee shal1 define such goals and performance objectives
which they determine necessary for the proper operation of the City of Denton, Texas,
and in the attainment of the Council's policy objectives and shall further establish a
relative priority among those various gQals and objectives.
c. In effecting the provision of this Section, the Council and the Employee mutually agree
to abide by the provisions of applicable law.
SECTION 7.
HOURS OF WORK
~- 3
, S :\Qur Documents\Contracts\06\City Manager Employment Agreeme;nt-2.doc
It is recognized by both Employer and Employee that the duties of City Manager require a great
deal of time outside ofnonnal office hours.. It is also recognized by the parties that Employee is
required to devote the amount of time and energy necessary to carry out those duties with the
highest amount of professionalism possible..; That being the case, the parties recognize that
Employee may choose to take personal time off during business hours when it is appropriate and
when his duties allow~ Although this personal time off is not considered vacation, neither is it to
be considered as compensatory time for time spent by Employee in carrying out his duties
outside of normal office hours, as the parties agree that the Employee must devote the amount of
time necessary to fulfill those duties~ The Council will consider the Employee's use of personal
time off during the performance evaluation.
SECTION 8.
OUTSIDE ACTNITIES
Employee is entitled to devote whatever amount of time he feels is appropriate under the
circumstances to the pursuit of teaching, counseling, consulting, writing or other non-employer
connected business outside of normal business hours of the Employer, provided that this does not
conflict or interfere with his duties as City Manager, and provided that Employee first notifies
the Council Appointee Performance Review Committee that he intends to engage in such
activity, including the amount of time he inten.p-s to devote to this activity and his engagement in
the activity is approved by the Chair of the Committee..
SECTION 9.
AUTOMOBILE
The Employee is required to be on call for 24 hour selVice, so therefore, must have access to a
vehicle for City business.. Employer shall gr~t to the Employee a car allowance of $1000 per
month for providing such vehicle.. The Eplployee shall be responsible for the purchase,
maintenance, insurance, taxes, etc. for said vehicle.. The monthly allowance will be considered
for increase during the performance evaluatio~ process. The Employer also agrees to reimburse
Employee for mileage for out-of-county travel associated with City business at the current IRS
rate for mileage reimbursement in accordance with the then current City Travel Reimbursement
Policy for City employees with car allowances...
SECTION 10.
RETIREMENT
A.. Employer agrees to execute all necessary agreements provided by the International
City/County Management Association - Retirement Corporation (ICMA-RC) for
Employee's participation in said ICMA-RC retirement plans. Employer further agrees
to contribute a total of 10% of Employee's annual base salary to leMA-Refs 457, 401A
plans, and/or another approved deferred compensation plan~ All sums contributed to
said plans shall be in addition to Employee's base salary.. Employer also agrees to allow
Employee to contribute whatever portion of his base salary he may deem appropriate to
said plan, including "catch-up" provisions..
B~ Employer agrees to pay the percentage of the cost of Employee's participation in the
TMRS retirement program, in accorq.ance with Employer's current policy for other
executive-level employees.
4
" . S:\Qur Documents\Contracts\06\City Manager Employment Agreement-2.doc
c. If the Employee retires pursuant to a qualified retirement plan, or is permanently
disabled during the term of this Agreement, the Employee shall be compensated for sick
leave, vacation leave, holidays, and~ other benefits then accrued or credited to the
Employee in accordance with Employer's current policies for compensation for these
benefits, and, at the Employee's option, shall be permitted to continue to participate in
the City's health insurance plan on the same basis as other retirees from the City are
permitted to do so, Of, if such other retirees are not permitted to do so, at the cost of the
Employee.
SECTION 11 ~
DUES, MEMBERSHIPS AND SUBSCRIPTIONS
Employer agrees to budget and to pay for the professional dues, memberships and subscriptions
of Employee necessary for his continuation of full participation in national, regional, state and
local associations and organizations necessary and desirable for his continued professional
participation, growth and advancement as Ci~y Manager, and for the good of the Employer in
amounts that are approved by the City Council in the annual budget for the City's General
Government.
SECTION 12.
PROFESSIONAL DEVELOPMENT
Employer hereby agrees to budget for and to ~:pay the full travel, participation, and subsistence
expenses of Employee for professional and official travel, meetings and occasions adequate to
continue the professional development of Employee, and to adequately pursue necessary official
and other functions for Employer, including but not limited to the Annual Conference of the
International City/COWlty Management Association, any Texas Association of City Management
meetings, and other such national, regional, state and local groups and committees thereof which
Employee serves as a member in the amounts approved by the City Council in the annual budget
for the City's City Manager - Administration~
SECTION 13.
BONDING
Employer shall bear the full cost of any fidelity or other bonds that may be required of the
Employee under any law or ordinance.
SECTION 14.
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. The City Council, upon recommendation of the Council Appointee Performance Review
Committee and in consultation with $e Employee, shall fix any such other terms and
conditions of employment as it may determine from time to time, relating to the
performance of Employee, provided such terms and conditions are not inconsistent with
or in conflict with the provisions of this Agreement, the City Charter or any other law,
and are memorialized by a written am~ndment to this Agreement..
B. All provisions of the City Charter and" Code, and regulations and rules of the Employer
relating to vacation and sick leave, retirement and pension system contributions, holiday,
and other fringe benefits and working conditions as they now exist or hereafter may be
amended, also shall apply to Employee as they would to other employees of the
5
~ ,. , .. S:\Our Docurnents\Contracts\06\City Manager Employment Agreement~2+doc
Employer in addition to said benefits enumerated specifically for the benefit of
Employee..
SECTION 15.
GENERAL PROVISIONS
A. The text herein shall constitute the entire agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of Employee.
c. If any provision, or any portion, thereof, contained in this Agreement is held
unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion
thereof, shall be deemed several, shall not be affected and shall remain in force and
effect.
D. The venue of any litigation involving this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas~
SECTION 16..
APPROPRIATIONS
The Employer agrees that it will appropriate, set aside and encumber funds of the City in an
amount sufficient to fund and pay all financial obligations of the City pursuant to this
Agreement, including, but not limited to the severance pay, salary and benefits set forth and
described herein.
IN WITNESS WHEREOF, the Mayor as duly authorized by the City Council and on behalf of
the City of Denton, has signed and executed this Agreement and the Employee has signed and
executed this Agreement, both in duplicate, the day and year first above written.
CITY OF DENTON, TEXAS
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
BY:
EGAL FORM:
,C ATTORNEY
APPROVED AS T
EDWIN M. S
~rc2~~
GEORGE C. CAMPBELL
CITY MANAGER
6
AGENDA INFORMATION SHEET
AGENDA DATE: September 19,2006
DEP ARTMENT:
Economic Development
CM:
Howard Martin, 349-8232
..
SUBJECT
Receive a report from the EDP Nominating Committee and consider Board
Appointments.
BACKGROUND
The City Council appointed a nominating committee at the September 12, 2006 meeting
to present a slate of nominees for the Economic Development Partnership Board for
Council consideration. The following Board positions will be vacant:
Perry McNeill
Randy Robinson
Bob Haley
Norval Pohl
Harry Crumpacker
City Council
Chamber of Commerce
Top 20 Taxpayers
UNT
Top 20 Taxpayers
Eligible
Not Eligible (Serving on PUB)
Eligible
Retired (two year term)
Resigned (one year left on term)
ESTIMATED SCHEDULE
EDP Board members will serve two-year terms. Board members may serve three
consecutive terms.
Respectfully submitted:
Linda Ratliff, Director
Economic Development Department
- 1 -
AGENDA INFORMATION SHEET
AGENDA DATE: September 19,2006
DEPARTMENT: City Manager's Office
CM: Howard Martin, Interim City Manager
SUBJECT
Consider nominations/appointments to the City's Sesquicentennial Celebration Committee
BACKGROUND
Council will be discussing nominations to this Committee during the Work Session of September
19, 2006. The final list of nominations will be presented during the Special Called meeting for
Council consideration and vote.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S : \Agenda Items\Board-Commission vacancies.doc
AGENDA INFORMATION SHEET
AGENDA DATE: September 19,2006
DEPARTMENT: City Manager's Office
CM: Howard Martin, Interim City Manager
SUBJECT
Consider nominations/appointments to the City's Boards and Commissions.
BACKGROUND
The following is a list of current board/commission vacancies:
Larry Luce has resigned from the Airport Advisory Board. This is a nomination for Mayor
McN eill.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S : \Agenda Items\Board-Commission vacancies.doc