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HomeMy WebLinkAbout09-10-1985 ,9 9 (;thy, o~.Duuf~N ~F~• ~o. i9~s r it al b ~ r V ~ .L. ~ AGENDA LITY OR DENTON CITY COUNCIL September 10, 1985 Work Session of the City of Denton City Council on Tuesday, Septembt r 10, 1985, at 5:30 p.n. in the Civil Defense Room of the Municipal Building at which the following items will be considered: S:30 P.M. 1. Discussion of the proposed 198S-85 budget. 2. Executive Session: A. Le al Matters Under Sec. 2(e), Art. 6252-17 V 6 1. T. S. B. Real (state Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under Sec. 2(g), Art 62S2-17 V.A.T.S. D. Board Apppointments Under Sec. 2(g), Art 6252.17 V.A.T.S. Speci:•l Call6d Meeting of the City of Denton City Council on Tuesday, September 10, 1985, at 7:00 p.M. in the Council Chambers' of the, Municipal building at which the following items will be considered: 7: 0': p,m, 1. Consider approval of the Idinutes of the Regular Meetint of September 3, 1985. 2. Public hnatings: A. Public hearing on Revenue Sharing funds. B. Public hearing nn the City Manager's 198S-86 proposed budget. 3. Ordinance: A. Consider approval of an ordinance authorizing an agreement between the City of Denton and Paul A. Reaume Associates - Para lncor rated foi professional services relative to the executive se"rch for candidates for the City Manager. 4. Consider taking a vote on the tax rate for 198S-8t. 5, official Action on Executive Session Items: A, Legal Matters B. Real Estate C. Personnel D. Board Appointments 4 ' City of Denton City Council Agenda. September 10, 1985 Page Two 6, New duainess: This item provides a section for Council Aembers to suggest items for future agendas. C h R T i F I C A T E 1 certify that the above notice of meeting was posted on the j bulletin boa rd at the Cit Hall of the City of Denton, Texas, on the 'j A day of 1985 at o'clock T_ (a.m.) P. ar-) 19',aC fdERGENCY AGENDA ADDENDUM CITY OF DENTON CITY COUNCIL Septemb,rr 3, 1985 Hold a public hearing on a proposal to increase total tax revenues. C E R T I F I C A T E I certif;i that the above notice of meeting was posted on the bulletin boar at the Cit Hall of the City of Denton, Texas, on the day of~L.1985 at o' clock (a.m.) m. -.mod 1905C Y 1" i l 5 ~ ll ~.Y1 i AGENDA CITY OF DENTON CITY COUNCIL September 10, 1985 Work Session of the City of Denton City Council on Tuesday, September 10, 1985, at 5:30 p.m. In the Civil Defense Room of the Municipal Building at which the following items wi)1 be considered: 5:30 P.M. 1. Discussion of the proposed 1985.86 budget. 2. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V. A. 1'. S. 13. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D. Board Atments Under Sec. 2(g), Art 6252-17 M.T.S. .ASpecial Called Meeting of the City of Denton City Council on Tuesday, September 1) 1985, at 7:00 p.m. in the Council Chambers of the Municipal building at which the following items will be considered: 7:A0 p.m. 1. Consider approval of the Minutes of the Regular Meeting of September 3, 1985. 2. Public Hearings: A. Public hearing on Revenue Sharing funds. B. Public hearing on the City Manager's 1985-86 proposed budget. 3. Ordinance: A. Consider approval ~of an ordinance authorizing an agreement between the City of Denton and Paul A. Reaume Associates Para Incorporated for professional services relative to the executive search for candidates for the City Manager. 4. Consider taking a vote on the tax rate for 1985-86. 5. Officia) Action on Executive Session Items: A. Legal Matters B. Real lsstate C. Personnel D. Board Appointments t` i City of Denton City Council Agenda September 10, 1985 Page Two 6. New Business: This item provides a section for Council Members to suggest items for future agendas. I C E R 'f I F I C A T E 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 , 1985 at o'clock (a.m.) P.M. CITY 1910C -S 77,7 , f k+,l 77 1, r , P% .Ir 1 City Council Ainutec September 3, 1983 The Council convened into the Stork Session of 5.30 p.m. in the :.ivil ualer.se Room of the Municipal Building. PkESF.NT: Mayor Stewart; Mayor Pro Tem Hopkins; Council Mem.-rs Alford, Chew, McAdams, Riddlesperger and Stephens ABSENT: None I. The Council convened ivto ~he Executive 'ession to discuss legal matters, real estate, peraonnal and board appointments. No okfic'.4 action was taken. The Council then convened into tht koigular Meeting at 7:00 p.m. !n the Council Chambers. PRESENT: Mayor Stewart; Mayor Pro Tem Hopkins; Council Members Alford, Chew, McAdams, kiddlesperger and Stephens Actin; City Manager, City Attorney and City jecretary Ab;+ENT: None Mayor Stewart reported that agenda items 2.8.2 and 6.13 had been removed from the agenda at the -t-luest of staff. 1. Tl:e Council considered anP:ovrl of the Minutes of the Regt.ivr Meeting of August 6, 1985; the Special Called Meeting of August 13, 1985; the Special Called heating of August 15, 1985; and the Regular Meeting of August 20, 1985. Riddlesperger motion, Chew second to approve the Minutes zs presented. Motion carried unanimously. 2. Consent Agenda Hopkins motion, Chew second t:, appro~o the Consent Agenda as presented. Motion carried unanimously. Consent Agenda: A, bids and Purchase orders: 1. Bid f 9460A- Skid steer loader 2. Bid 1 9490 - Chain link fencing 3, bid / 9491 - Brush chipping operation 4. bid 0 9492 - Digger derrick S. Bil 1 949$ - CRT's and centroliers 6. Bid 1 9496 - IBA disk drive 7. Bid 0 9097 - IBM aalnframe upgrede 8. Bid 1 9499 - Refuse containers 9. bid 1 9$00 - Ere:tion of picnic Shelter/Fred Moore Park 1'). Bid / 9SJ3 - brochures of Parks and Recreation 1). Bid 1 9504 - 02 diesel for steam plant 12. Bid 1 9SU5 - 3 1/11 bury fire hydrant 13. Jld 0 9S06 - (recast manhole s . 7r'r~ r v rs w W 77 -7 TT 1— 7 477; h - Cith of Denton City Counc,l Hinutes Meeting of September 30 i98S Page Two 14. Purchase Order 169369 to Alamo Transformer in the amount of $7,160.00 15. Purchase Order I 69371 4o Davis Truck and Equipment in the amount of 15,064.40 16. P:rchmst Order 1 69378 to foyd Excavation in the amo;ltt of $29,617.80 17. Purchase Order 169S19 to Southern Engine Pump in the amount of $4,S6D.00 IS. Purchase Order 169659 to Cummins 5a:,ply in the amount of $11,636.00 19. Purchase order 1 69667 to Boyd Excavation in the am(,nt of $21,123.50. 20. Purchase Order I 69668 to Boyd F.RCavation in the amount of $22,000.00 21. Purchase Order 1 69803 to 1BM in the amount of $6,765.00 kiNOVEU BI S'IAFk a. Personal Service Contracts: 1. Consider approval of personal service cur,tracts for Rhonda Gattis (tennis instructor). Michael Welsh (tenn.s instructor), Kay Locke (aerobics instructor), and U;. an Prothro (pre-school instructor) C. 'fax Refunds: 1. Consider approval of a tax refund to E. G. Blasingame in, the amount 0i $800.06 2. Consider approval of a tax refund to Roger Dltten',erger in the amount of $678.31 1'he Council considered approval of a resolution in appreciation of G. Chris Hartung. The fullowing resolution was presented: k E S O L U T l 0 N hhhREAS, G. Chris Hartung served as the City Manager of th- City of Denton, Texas from September, 1977 through August, 1985; and hHEREAS, prior to that time, G. Cbr(s Hartung served as Assistant City rianager for the City of Garland, 'texas from February, 1971 to September, 1x77, and as Assistant City ,manager and kinance Director for the City of hhile Settiement, Texas from Match, ,969 to tebruary, 1970; and WHEREAS, since 1917, when G. Chris Hartung commenced his service, the citizens have see,i the dramatic increase in the City's water and sewer facilities, the construction of a central fire station, a police administration building, a service center, two recreation centers, a senior citizen center, an animal control center, as well as ti:m improvements of many ;tty streets; and WHEREAS, during his tenure as City Manager, G. Chris Hartung has served above and beyond the mere efficient discharge of hit duties in yromoting the welfare and prosperity of the Citizens of Denton and has grained thr, respect and admiration of his colleagues, as%ockates and`tnpioveea, and City of Denton City Council Minutes Meeting of September 31 19BS Page Three WHEkEAS, although the City Council regrets the loss of such a valuable official„ we recogn}ie that his new position with Ralpph Anderson and Associates is an unlimited and challenging professional opportunity, NUW, TO REFORE, the City Council of the City of Denton wishes to acknowledge with sincere and grateful appreciation the service of 6. Chris Hartung and the tireless devotion he has given to the office of "ity Aanager and dies hereby n*der this Res~iation to be made a part of 01 official minutes of the Council, to be a pery,nent record of the Ci.y and that a copy be presented to G. Chris Hartung as a token of our appreciation. PASSED AND APPRUVEU this the Srd day of September, 1985. HTCHXRD T. bftWARI. 9ATUK I LIT7 OF DENTON, TEXAS ' CHARLES'RUPKINSO VrX1MrFRU fEf .10E 6. , COUNCII • EBB ER J. W. s'COURIL 4EH15Eit U". TEMUS 'C MARK CHEW, ATTEST: CHARLOTTE ALLEIT, CITY OF UENTI)N, TEXAS APPROVED AS TO LEGAL 'rORM: h, T CITY uF DENTUW, 'fLXAS Unanimous iaotion, Chcw second to approve the resolution. On roll call vote, McAdams "aye," Hopkins "ayes" Stephens "ayeAlford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motto arried unanimously. Mr. G. Chris Hartung accepted the resolution. He further stated that he appreciated this very much and it had been a very great honor for him to serve as City Aanager of Denton. Denton was a tremendous place to live and he was glad that someone had conducted a study during the past year to prove that. One of the things which had made his tenure with the city survivable was the support which ho had received from the City Council, particularly many of those who were preser.tly on the Council. The longevity of the members on the Council had been a great asset to him. There had been good tines and ti30se which were not so good. During those times wnich were not to good, it w,)uld have been Impossible for him without the support of the Counci, and the .Mayor. A City Managat could not survive without solid sujp-rt from the Lountil and 're had enjoyed that support while h~ servu as City Manager. 771, V N, 5 .A Y n- 4 C. .4 ".lV~ 4 City of Denton City council Mivates Meeting of September 3, 19ES Page Pour 4. Tne Council then considered approval of the use of Fred Muure Park on June 19, 20 and 21, 1996 with tees waived and curfew extepded until 12:00 mihight by the Lilly Garden Club for a Sesquicentennial Juneteenth celebration. As. hitlie Ihrancis McAdams and fts. hilliae.s, President of the Lilly Garden Club, were itesent to speak. Ms. McAdams stated that she was a member of the Denton Sesquicentennial Committee and the south east Denton community wished to held a Juneteenth event in conjunction with the Sesquicentennial celebration. They were asking for permission to use the park prior to forelilating final plans. Chew mation, Stephens second to approve the use of Fred More Park on June 19, 20, and 21 with fees waived and the curfew extended until mionight for a Sesquicentennial Junetoent:i celebtation tponsored by the Lilly Garden Club. Aotion carried unanimously. 5. Public Hearings a A. The Council held .s f -0c hearing concerning the petition of the City of Denton far ..exa:ion of approximately 150 acres being lArt of the BbB 4 CRR Survey, Aba:ract 142, and located north of FM 113 south of barthold Reid, west of 1-35N, and east of Masch Branch Road and the GC4SF itaitroad. A-14 The Meyor opened -he public hearing. Jeff Meyer, Director of Planning and Community Development, spoke in favor reporting that one of the reasans this annexation was brought to the attention of the Council was that there was some development In the area and the potential for further development. There were some undesirable land uses in place and anoth * reason for consideration of this annexation wa, to prevent furt.,er undesirable land uses. A discussion had been held regarding rounding off the area and to go along some property lines and natural boundaries. In doing this, apparently there were some people who did not wish to be included. over the last several years, opposition to annexation had basically fit two general areas - people wanted to maintain rural style of life, or they did not wish to pay city taxes. The stAff position was une of trying to control growth and development. This area met the Council's criteria for annexation. There were 12 reply forms mailed with 0 returned In favor and 3 retu;^ed in opposition. Mr. hiilard Simpson spoke In opposition stating that he wanted to know what the city would do for the residents, such as water and/or sever service. Mayor Pro Tem Hopkins asked Mr. Simpson if he had received a plan for service which was available at the entrance to the Council Chambers. Mt. Simpson replied that he had. Council Aember McAdams asked it Ar. Simpson would like to say something specific about why he was opposed of did he just not want to be in the city. Mr. Simpson responded that he did not want to be In the city. There were approximately 10 other property owners who were opposed to the annexation but they could not be present Ikt this public hearing. Mayor Pro Tem Hopkins stated that this was only the first in a series of public h:arigs. Mr. James Owens, property evners, spoke In opposition stating that he only owned a small piece ;if property but he did not want his land in the city limits. At this ime the city did not have anything to offer him and he did not need anything the city had. The ro}}erty 4 had no utilities !n place and he did not want it in the city fig.i s. City of Denton city i_ounc11 Minutes Meeting of September 1985 Page give Mayor Pro ?em Hopkins asked Mr. Owens where his prop:rty 4as located, M,. uwen suited that it was :ectly behind Fostrr Sadfle Shop1. Mayo; Pro Tea Iopkins asked if the property took in a part of what used to be a gol' driving range. Mr. Owens responded no. Council Member dcAdams asked how much property was invc'red, Mr. Ovens stated it. was between 2 and 3 acres. Tne Mayor clnsed the public hearing. Jeff Meyer, Uirector of Planning and i;ommunity Developnent, reported that any newly annexed area was eligible for all city services, such as fire and police protection and the use of the library and parks. There were things whicl were not tax supported, suc!a as garbage pickup which was paid .'or on a service basis. hater and sewer connecti ns were the same as for anybidy In the city. If a citizens patd for the connection, they received the service. If they did r.ot want the service and did not pay for it, they did not get it. The was the same in the middle of the city or A newly annexed area, Tnis general service plan had been in effect for the last 5 years, From an analysis viewpoint, the city would not make a profit from annexation, In fact, in the short run, the city would lose money by providing service to an area which did not have a tax base. In the long run, the purpose of annxation was to control land and future land use. 0r that basis, staff recommended that the Council continue this annexation process. Council Member McAdams stated that she would like to make a comment ter the benefit of those who were conctrned about this annexation. the Council was looking at the fact that there was some development taking place in this area which was not particularly desirable. The city could not control this development unless the land was annexed. This included the fact that developers could do things to the land which would cause drainrge probl:as on other property. McAdams motion, Chev second to proceed with the annexation. Motion carrried unanimously. other hearings onathis annexation prior to finaltacti nl.ere would Ue B. The CouncII held a public hearing concerning the Anne, at ion petition of Alkmaa Uevelopment Corporation and the City of Denton for a tract of land approximately 117.S acres in site lying in and being past of the 0. Merchant Survey, Abstract 1990, the C. Chacon Survey, Abstract #'298, and the S. Venter Survey, Abstract 10 15, snd begginning at the southwest corner of FM 2181 and Hickory Creek Road. A•27 The Mayor opened the public hearing. Pat Ryan, Planning intern, spoke In favor stating that this petition for annexation was precipitated by a preliminary plat for a 62.674 acre SF-7 subdivision, the Dunton Manor Estates development. Council had instructed staff to include the adjoining property to the east due t,. ~c raged develolvent interest I. the area. The Denton ":anr Estates preliminary plat had been approved as it met the City of icnton Subdivision Rules and Regulations. A fin 1 plot was being prepare.'. which would :how final lot sizes and layout, is well as detailed cagineering plans for streets drainage and utilities. Staff antitipateu that the final plat ani plan wt 1d be publicihearingr on this~1petlitioniowasnscheduleaeforioSeptembere17.ld 17 T c(t>.I of Denton city council Miput, rt. tins of September 3, 1485 Fags Six lhe:,• were S reply forms mailed with 0 returned. Plans of services were available at the entrance to thu Council Chambers. Two family realdences were located within the boundaries of the involuntary annexation area. Approximately 117,5 acres was tb~ voluntary annexation of Aikman Development Corporation and a pioximately 55 aces which was being t,tquested by the city for involuntary annexatlon. -Ir. Dave House, resident of Old Alton Drive, spoke in opposition stating that it was his understanding that mobile homes would be site built would homesdevaluate his property valued but he the wouproperty. not oppose felt this Mayor Stewart stated that annexation procedure was different from rouing and the annexation was all that was being considered at this time. Once annexed, the public would be afforded an opportunity to sycak at public hearings on toning. Council Aember -Stephens asked 41. House where he lived. Mr. House responded that he lived due south of the annexation parcel approximately i/1 mile along FM 1181. Council Member McAdams asked if she understood that Mr. House was not opposing the annexation but rather tho potential land use. Mr. House stated that he did not want the ci,.y to be that close to him. Council Member WcAdams then asked if Mr. House was clear that if the city did not annex, Denton would have no say on what land uses could be developed and neitt,s; would he. Mr. House responded that he did understand that. Council ,ember McAdams teen asked in spite of that, did ;-'r. house still not want the property annexed. Mr. House replied that that was correct. Mayor Pro T%!. Hopkins asked if Mr. House was opposing the anr„exatlen but would still like to have control of the area.- Mr. House responded yes. Mayor Pro Tem Hopkins stated that that was not possible. Council Member McAdams stated that sr. Hous: would have to chose one or the other. Mr. House stated that it was his understanding that city utilities would have to be available for the development of a mobile home lark. Mayor Stew.,rt stated that a water tine was in place in the area. Mr. Dick Foster spots in opposition stating that he owned 10 acres in the proposed annexation area. He stated that he would be less than naive to believe that someone would petition for annexation wititout a plan for development in mind and he did not know what that plan was. There were several hundred acres of raw land in this vicinity which no one had bothered to look at for annexation. If hr knew what was to be placed on the propert/, he could be pore objective. .t the present time there were : great many mobile home parks in this area. Council Member McAdams asked if Mr. Foster was in the area proposed to bu annexed. Mr. Poster resp^nded yes. city of Denton city council Minutes Meeting of September S, 1985 Page Seven Council Member McAdams stated that she was confused when there wss concern regarding what was to happen on the land and yet the property owners did not want to be ',nnexed, The city policy was, as development begin, to annex in order to see that the development met standards. No development haJ been started on the larger tract of land in the area. The only control which the city had over land use was if the property was within the city limits. Mr. Foster stated that tha property was in the extra territorial jurisdiction of Ob city and therefore the city had control over what development took place. Council Member McAdams asked if the city did not annex the property and the developers put in mobile homes, would Mr. Foster like hat better because it would be in the County and not the city. Fir. foster stated thit mobile homes could not be placed on the `roperty because the City of Uenton had control over development in the extra territorial jurisdiction. Mayor Stewart stated thr.t the city had no control over toning in the cornty. Mayor Pro Tea Hopkins asked the City Attorney to clarify this point. UcbrA Drayovitch, City Attorney, reported that neither the City Council nor the City of Denton had no leverage or control over toning issues in the e.~.tra territorial Jurisdiction. The city had no control in the area of building permits or code requirements to be met in construction outside the city limits. Mayor Stewart stated that develo rs could put what they wanted on the property unless it was annexe.. Mayor Pro le!m Hntn►!ns stated that when development began to occur which the Council did not know anything about, tacy would review the area. Potential development keyed the mechanism for review of land uses and a decision was then made regarding the annexation process. Council Member Riddlesperger stated that if the land were in the city limits, the property owners would have a say in future development through public hearings before the City council. The Council had a reputation for listening to the concerns of neighbors. Mr. Poster stated that based on this new information, he wished to withdraw his opposition to the Annexation. property stated was single family dwellsgs, anticipated 1bon this Stephens Council development Mr. Gary Mandragil spoke in opposition stating that he resided in the other involuntary tract of the proposed annexation and was concerned about the type of development which would occur. He had seer, some of the plots which had been submitted and they did not comply with the standard of homes which were being constructed ii, the area. His land was undeveloped and suddenly there was this develo rent with many houses. He felt the new development was inconsistent with the type of homes in the area. Council Member McAdams stated that this was why it was being considered for annexation. The Council had no control over the site of the homes to be bull' it the propert, was not in the city limits. limits that the pdeveloperowouldebeJmorevaluable to build Mr. was the din gcity stated there. Council controlled AcAdams stated prottt himself,iitMhadMtod'it annexeded the land to be City of Denton City Council Minute': Meetinj of September 3, 198S Page flght Mr. Mandragil stated that he was still fearful of having too many residences next to his property. Council Member McAdam asked who Mr. Mandragil wanted to stop the developers. Mr. .Mandragil stated that he did not know if developasat would start. Council Member McAdams asked Mr. Mandragil if he was riling to take that risk. Mr. Mandragil stated that he did not want to be in the city. Mayor Stewart asked for a show of hands ot those in the audience who were opposed to the annexation. Mr. Oscar Blankenmeyer spoke in opposition stating that he was concerned about the development in the area. A 40 acre mobile home perk had been developed behind his property which had been in the City's extra territorial jurisdiction. The city had had no qualms about extending water, sewer and electrical service to this mobile home park. He thought that the city did have a choice on whether to do this or not. Mayor Stewart responded no. If the developer paid for the services, the city had to extend them. Mr. blankenmeyer asked if he wanted to tie on to city utilities could he do so. Mayor Stewart responded yes, if he paid for it. Mayor Pro r.sm Hopkins stated that this was how the line was installed on FM 2181. A developer wanted the water extended and was willing to pay for the line. As othir subdivisions occurred up the line, they would pay a pro rata to reimburse the original investment by the developer. Mr. Blankenmeyer stated that the residents were shell-shocked because there were approximately 7 mobile home parks in a 1 mile area. He would like to see more control but not another controlled mobile home park. Many of the present residents moved to the area to get away and would like to see the land developed in 1 to 2 acre plats, but not 5 homes to 1 acre. Council Member Klddlesperger stated that the City of Denton was at one time a small town. Growth would come whether anyone wanted it or not. The only control was if the land was in the city limits and then the citizens could petition their concerns before the Council. The people who cwned the land could do anything they i~ tfor edi`ith the property and could have utilities extendr if the Mayor Pro Tem Hopkins stated that if the property were annexed, the city could control dr-insge and traffic in the area. The Council was very concerned about where streets were being placed and that they be the correct type of street. Without annexation, the city could do nothing about the hodge podge of gravel roads which would be In place. Mr. Blankeumeycr stated that he wanted to see some type of control and if it was through the city, that would be the best way to go. He was not in favor of any tong developing. It did seem that the city was placing all of the developments which were not wanted otitside the city limits. Council Member McAdams stated that the city had no control over '.hat development; that was up to the owners of the property. City of Denton City council tiinutes • Atetinpp of September S, 1985 Page Ntne the city limits. could not ccoBlankenme)ler stated that Mr. duvelopment unless it was understood The Mayor closed the pu'>1ic hearing. Jeff Meyer, Director of Planning and Community Development, reported that he would like to reiterate that In the extrs territorial jurisdiction of Denton, the city had absolutely no control of land use. the residents were opposed to mobile home parks but a developer could build factories or garbaje dumps and the city would have no control. The city di have subdivision decontrol veloper to make developers build streets to specificatiors, decidcd to build small lot mobile home parks or a smelter plant, they could as lon as to exercise it was fuse econthe troli wasliifltthe of Denton. wash inside the city limits. A preliminary plat had been filed for this particular area which was tar small lot single family housing. From a planning standpoint, staff would like to see the tract annexed so control could be obtained and developers would have is built compatible housing. There were some "give and takes" due to being in the city. 'f the neighbors were frightened about what might be developer!, they should be because the City Council could de give nothing. information would meat w uildcube oatithe tax rolls, what were the obligations and benefits of being in the city. McAdams motion, Hopkins second to continue the annexation proceedings. Motion carried unanimously. The Council then moved an addendum item forward in the agenda order. Addendum 1. The Council held a public hearing on a proposal to increase the total tax revenues. The Mayor opened the public hearing. John McGrane, Directs of Finance, spoke in favor reporting that state law required that if the actual tax rate is oFrr St of the effective tax rate, a public hearing had to be held. I% the proposed budget, the tax rate was proposed to re+a^in the same at i9O at 55,771 v r 00$evaluation. This T necessitated this rpublic ahearing. hearing. was speaking in favor of the 590 proposed tax. Or. Mitchell Turner spoke In opposition stating that he had some objections to the total buoget and to 1 or 3 specific areas. He year because theeGetotal neralbtFund budget rwasnupa10.11.i21hetre nver lost objected constant increase in the demand for city services, and Mr. Hartung increase in mieet this abeen had limited attempted his experience in the past that when an operation grew larger, more y if and more opportunities were presented for self inienthe c b learn how to stand prosperity. The i to 4 t for the taxpayer as forlasithe large lincrease dinatoask tal wbudget awas andctheec.ityldid inotnmowhtheiroownhproperty n thehTeaastley trighteof- to avetage increases 101, only 1. In The 19General 56, even u budget increases were going wage 61 and he felt this lot was a little high. Another concern was that seemed 1is tooerh hService igh for which the 26 positions 19 which were the on total being to added, 5 would bring that departacnt. In the Public Noiks Deportment, salary and wages were increased vast unreas nable. poaIntlothe a UtilityThbepartment of budget, salaries and rages were up 191. Chiefly because of this increase, the electric costs for next would would have to increased WOOL 11111111W ~.r 77 F Y Minutes city of ting of Denton sept~-ber Council 31985 Mee Page Ten approximately 12t, tie submitted that the rates and bills were already too high and not competitive for a city the size of Denton. The methodology for the sewer residential charges was unreal. he felt some pruning of the budget could be done in the areas which he taxes increase but The budget all taxpayers uwatstedadvertised decreasess In no budget mentioned. governmental levels. Council Member Stephens asked what was the amount which would be saved by the pruning. Mr. Turner stated that he did not run a cost figure on the savings Utility In setting Departments. and wage because he did i the Public '.corks and arbiti-ary increases f The Mayor c_;sed the public hearing. John McGrane, Director of Finance, stated that a public hearing )n the budget woul4 be held on September 10. dater Stewart announced 10, meeting 198St at voe on the p.m. incthelCity rate would be ?ue,dey, pSeptember Council Chambers. The Cvuncil then moved an addendum item forward in the agenda order. Addendum 2. The Council considered establishing an ad hoc committee for a mid-decade assessment of the goals identified in the Denton So's study. Council Member Stephens reported that previously he had asked the Council what they thought of having a mid-decade assessment of the goals identified in the Denton 80's project. As ne recalled, he had a unanlmous confirmation that it would be a good plan. The Council had talked about designating a Chaltman, Mr. Jerry Cott, which also received unanimous approval. After visiting with Mr. Cott, It appaared a good idea to make this a part of the Minutes, by main motion, the committee could be established and the records would so indicate. This would give the cummittee the degree of acceptan.e by the council which was necessary. Council Member Stephens and Mr. the Cott iLibrary andshadd worked nn aadrepresent representative committee iron of the community, involving the Chamber and citizens from all areas. Nt. Jerry Lott stated that, as a newcomer to Denton, those who had chosen Denton had done so because they saw an involved citizenry and City time inuntolAsand sessaanddreviewntheuwork doneainwi1t980gwhichpuwasha continuation of the work done In 1970. The following people were recommended to serve as a steering committee: Ar. Charles Carpenter As. dtrdell Carstarphen Mr. Jerry Cott Dr, Sondra Fetstl Mr. Emilio Gonialez Dr. Robert LaPorte dr, N. C. Urr, Jr. Mr. Fred Patterson Nilliam P. Phillips, Jr. Dr. Kay Stephens Dr. Stephen: and Chuck Carpenter -would serve as ex offictos to the steering committee. Mayor Stewart asked who had appointed Mr. Cott. Council Aember Stephens stated that he had brought this issue up to the Council n evening and interest. H isunlerstandingWasathatis had approval rat that time. an r City of Denton City Council Minutes meeting of Septem*ar 3, logs Page Eleven Mayor Stewart stated that Council Member Stephens had appointed Mr. Cott. Council Member Stephens responded no. fie had checked with the the idea for aCouncil to se if idea ofrasthe kingclr. Cott to ')e the Chairprtate Mayor Stewart stated that he thought Mr. Cott wss a very capable individual. Mayor Stewart then make a statement to the City Se.:retary. "I would like to state that at no time Gild I preside over or attend a Council Meeting in which it was, an ad hoc committee was formed nor a Chairman was to be recognized." Mayor S v wart then asked Council Member Stephens in what Minutes of what meeting was then done. Council Me-ober McAdams stated that she recalled that it wasltmuch smaller at the time, :hough she did not object to expandt:.g. had been her impression had been a 3 or 4 person committee which basically was going to review that document and roport to the Council where the city was in accomplishing those goals. Originally, it had been informal; however, it now sounded like this task was a good deal larger and mc:a formal. She felt it would be appropriate, if in fact the Council wished to go on this scale, to take action to approve. Mayor Stewart stated that he wanted to make the point that there was no Council meeting and it was not in any Minutes of any meeting that this took place. This was not sn executive session item. It had part Council In eithsr meeting oner out of an either had ssionkandlhe e did out not of take the Session bxecutlve auuncil member McAdams stated that it was her impression that the Council was not taking any official action but rather that someone h ;d volunteered to do a particular task if it was appproved by the Council to 0o that. The Council Aid that evening, to effect, say that was fine. At that point, she was not aware that the Council was establishing quite such a large or formal committee. It was Informal at that time just 3 or 4 people were goi,ta to i-iok at the D;nton bu's document and give the Council Information which they could chose to act on or not. It was not a formal action of the Council. If the committee was to be as presented now, she tel' the Council needed to take actiun. Council Member Stephens stated that he believed that was why it was on the agenda now, so that action could be taken. It was an idea would studybegroSup iinmorderl to w-up wich was action. ICI was still earlier be and representative, the committee had grown to be fully representative. It was still just an ad hoc committee to take an informal took and then if more n formal the was looted, that would come In the future This Council Member McAdams stated that she was not objecting but ra'.her trin to Cnuncal11 Oa.pprovalthwould was morf people, shes just informal Now involving explain appropriate. l.hew motion, stepdiens second to approve the action. concerned menbers were least very much calls btewart h and a they had of the Chamber of U m about it. Firstly, they stld that this had been done under the auspices of the Chamber of CoNAerce in 1970, 19OU and they planned to do this again in 1990. Tray were very concerned about this ha ppeaIng without thelr knowledge. Secondly, the Cnamber did not agree that a a a City of Denton 1.tty Councii 111nutes Meeting of September 3, 1985 Page Twelve committee should bk formed because there is an ongoing committee at the present tlse which could provide the City Council with information. They had provide information in 1983 and could do so again at this time. Secondly, the city staff had concerns as it would add a work load burden as it did in 1988. In 1980 the staff had to do a lot of work which was supposed to be done by volunteers. No thought had been given to what the cost would be to the city and what staff time would be involved. In addition, there was a new Acting City Manager and Mayor Stewart felt this additional project might create problems over tlne next few months. Mayor Stewart stated that he did not feel that the Council should add to the staff's problems at this time. lie did not feel the committee would be necessary because the information was available from the Chamber of Commerce, He felt the smartest thing to do was not to approve the committee or at least to table the issue for further study before any action was taken. Council Member Riddlesperger asked if the rition could be ameaded to include the committee be formed in cooperatiun with the Chamber of Commerce. if it war made clear that this committee would cooperate with the Chamber, it seemed it would be a possibility that the stimulus would be to get the information that the Council would like to have regarding the progress toward the goals which were laid down in 1980. Council Member Riddlesperger further stated that he had been chairperson of one of the 11480 committees and had not looked too closely to see what the status was. If approved, he would make to make it very clear that this would be done In cooperation with the Cha.ber of Commerce. Council Member Chew stated that if he had heard correctly, Chuck Carpenter's name was on the committee as an ex officio and he was the executive of the Chamber. Therefore, the Chamber was Included and no one was overlooking them. lie felt that the Council could get the stimulus by having this small group review the progress on the goals. At thls poli,t, he personally did not see where any staff would involvement or finances involvee from the city. The idea was to loo's at the goals and, when the idea was discussed, all of the Council thought it was a very good idea at that time. Council Member Hopkins asked when. He stated that he never attended a meeting where this issue was mentioned, Someone had mentioned ore time that perha s the Council should look at the Decisions for 1980'5 and the &ncil had said that might should be reviewed at some time. As he understood the situation, the Chamber ha:. conducted a study approximately Y years ago. They had in place a committee to do this very task. It seemed a pipe dream and a lot of staff time and poor economic situation for the city to be going into something which would cost this much. He also agreed that it was not a good time to place this project on the new Acting City riargv r. Council Member ArAdams stated that it seemed fiat there had been a miscommunication, While she recalled the conversation, she agreed that she did not anticipated the projw to .e this extensive. She felt In view of this, the better wisdom would be not to make a decision at this time but to get more specific Information on what was planned. lier impression had been that 3 to 4 people were to get with the Chamber of Commerce and pull together information a^-i make a report to the Council. The proposed committee was one which was a good deal larger and It sounded rs if they were going to do a more detailed look that she had understood from the conversation. Perhaps a written proposal should be prepared which would outline what was to be done and the costs and staff time which would be associated with the project. Council Member Alford stated that he recalled that the Council had talked abou! a small committee, Ventrn was growing and moving so fast, the Council did not think tt would not be out of order to do this project. He agreed that the Chamber did have su:h a committee but he also liked the idea of having a newcower to the community, i L x City of Denton City council'Mikites Meeting of September S, 1985 Page Thirteen such as Mr. Cott, who could look at things more objectively, participate in the review. Council Member Alford stated that he did wan: to see Mr. Cott confused over what exectiy :ere the Council's wishes. H• therefore agreed with Ms. McAdams that this item should be tabled at tnis time. He felt definite guidelines should be established first. Council Aember Stephens stated that it had been alleged that there had not been Chamber approval. That would depend on who had been spoken to at the Chamber. fie had spoken to Chuck Carpenter and Or, Carpenter had 'elt it was a super idea and was very pleased to be involved. Ar. Carpenter had been on the Denton 80's program as had Fred Patterson. 14r. W. C. Orr was the director of the 70's study. Tne idea was not by any mean-, to bypass the Chamber but to involve th•i Chamber with this committee. Part of the idea had come from the Goals for Dallas. It was his understanding that they had a small group which assessed goals; not to make new ones, but to keep people informed about the achievement. That was the reason for this issue. It was not to surplant any Chamber or any other community or city program. It was to look at the Denton 80's publication to track if the city was on those goals and to report to the Cot:ncil. At that point, next Spring the Council together with the Chamber and what other groups were appropriate could decide what to do next. This would give the Coun..tl an idea right now of the progress being j made on the goals established in the Denton 80's study. I Mayor Steuart stated that Mr. Carpenter had stated that he would be 9 willing to do anything which the Council wanted his to do. Mr. Carpenter was not the head of the Chamber. Those person! who had contacted him were against it and if it was to 1:c done, they felt their committee was being usurped . Also, the Council hau a strategic planning session each quarter to tee hove the city fit into those goals. This had been done for 3 or 4 times and In his opinion, this new committee was unnecessary. However, if the Council wanted to consider this committee, the item should be tabled for review. lie di4 not know who had selectee; the members for this ,vmmittee, but the Chamber did ne)t, Council Aember kiddlesperger stated that he wished the Council could reach a consensus as it was the type project the Council should back unanimously if it was going to be done correctly. However, since the Council seemed to be divided, he asked if it would be appropriate to table the item until the next regular meeting. Riddlesperger motion, McAdams second to table the item until September 17 until the council could reach a consensus. Council .Member McAdams stated that she felt the Council should have a draft in writing regarding what the Council expected Ar. Cott to do. Sne apologized to Mr. Cott for the miscommunication and stated that the council appreciated his offer to get this information to the Council. Notion to table carried S to 2 with Council ;dember Stephens and Chew casting the "nay" votes. 5, Urdinances: A. ilie council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, eq,il ment, supplies or services; providing for the expenditure of funds therefore; and providing for on effective date. The following ordinance was presented: NO. d4,I74 AA UkD1NANCE ACCWTING cumpbT1'fiu 1505 AND A110DING A WI+TRAC7 FOR 7118 PURCHASE OF MATERIALS, EQUIVAE%1T0 SUPPLIES OR SLRVICESi PRUVIDING FUk THE EXPENDITURE Ui f'U.NDS 711EREFURE; AND PROVIDING FOR AN EFFECTIVE DATE. city of Denton City Council Hi flute Meeting of September 3, 1985 Page Fourteen McAdams motion, Hopkins second to adopt the ordinance, On roll call l," Stephens "aye," Alford Motion tote, McAdams "aye,, Hopkins "a e Riddlesperger "aye," Chew 'aye,' and Mayor Stewart aye. carried unanimously. B, The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for blic works or undWtherefore; and pwiding improvements; for an efectggive o date. e expenditure of f The following ordinance was presented: NO. 85-175 A;v UKDINANLh ACCEPTINU COMPETITIVE BIDS AND PROVIDING FOR THE AWARD '.'F CONTRACTS FOR PUBLIC WORKS OR iMPROVLAENTS: PROVIDING FOR RANTHFFECti1'E DATEE OF FUNDS THEKEFUk: AND AcAdams motion., Alford second to adopt the ordinance. O r ll'acall' vote, McAdams "aye," Hopkins "Aye," Stephens "aye," A ford Iye.1 Kidolesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. C. The Council considered adoption of anon ordinance providing for the expenditure lies of funds Ineaccordance with the materials. equipment, supplies date requirements of ocompetitive bidse; alaw nd providing rurchases from The following ordinance was presented; NO. 85.176 AN ORDiNANL-1 PROVIDING F'OR THE EXPENDITURE OF FUNDS FOR LMLKUt: 0 PURtHASE6 OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW a1US AND PKuVID1NGLFOR AN FB FF ECTIuE DAfENTS OF Llx4PETItIYE :4c Adams motion, Riddlesperger second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins ,aye," Stephens "aye," Alford „aye, 11 Riddlesperger "aye," Chew "aye," and Mayor Stewart "ayes' Motion carried unanimously. U. The Council was to consider adoption of an ordinance approving and ratifying certain independent contractors' agreements providing services for the Parks and Recreation Department for the city of Denton, eeExEec'tiveproving the expenditure of funds therefor; date. declaring and This item was removed fro► the agenda by staff. E. The Council considered adoption of an ordinance and service plan instituting annexation proceedings for approximately Trinity acres Kuad, and located south o`n Higand hway e390 East FM (A?23),easc and west of The following ordinance was presented! NU. 85- AN UKL14ASLE ANNEXINU A rRALT OF LAND NrIGOUG LUTI) ADJACENT TD THE CITY OF UkNTON, TEXAS; BEING ALI, THAT , TRACr UK ;':Jt'.EL OF LAND WibISTING OF APPRUXIMATE0 304.9A ACRES Oa" LAND 0 BE SIILD IN THE LOUSTY OF 1' N7uN,, STATE OF LrTEXASDANuI BEINGTUPART OF THE h. UUkHA'4 SUKVEI, ABSTRACT NUMBER 330 AND A. FURRESr SURVEY, ABSTRACT Nc, 4171 DENTUN CUUN'f1, TEXAS; CLASSIFIINIs DECLARING AN AUkICULTU 11 ,A" DISTRIcr PROPER'rl; EFFECTIVE DATE. City of Denton City Council Minutes Meetingg of September 3, 1485 Page Fiftten Alford motion, AcAdams second to adopt the ordinance. On r.►11 call vote, McAdams "aye," Hopkins "are," Stephens "ayeAlford "aye," R;ddlesperger "aye," Chew "aye+nd Mayor Stewart "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance approving the petition of Randall Smith requesting a change in zoning from the agricultural (A) classificution to the planned development 1PU) classificstion on 200. S1 acres located west of Teasley Lane and north of Hobson Lane. Z-1746 Cecile Carson, Urban Planner, reported that this ordinance had been prepared in compliance with the request of the Council. Ti,is zoning case had bcen approved by the Council at the July 10, 1485 meeting. Tile following ordinance was presented; NO. SS-177 AN URDINA.4LE AMENDING THE ZONING 4AP (.F THE CITY OF DEI:TON, TEXAS AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF URDINIINCES OF ?HE CITY OF DENION, TEXAS BY ORDINANCE NO. 64-1, AS VEALED, AND AS SAII; MAP APPLIES TO 195.30 ACRES OF LAND LOCATED WEST OF TEMLEY LANE AND NORTH OF HOBSON LANE, AND 1S MORE PARTICULA4LY DESCRIBED HEREIN, TO PROVIDE FOR A CHANGE IN TONING CLASSIFICATION F90M AGRICULTURAL "A" UIST&ILT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVCLOA4ENT "PU" DISTRICT CLASSIFICATION AND U,E DESIGNATION; PROVIDING FOR A MAXIMUM PENALTY OF $1,000.00 FuR VIOLATIONS TIILAEUF; PROVIDING FOR A SEVERABILITY LLAUSE; AND PROVIDING 0R AN EPFECTiVE DA`iE. McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye,' Stephens "nay," Alford "aye," Riddtesperger "eye," Chew ''aye," and Mayor Stewart "ale." Motion carried 6 to l with Council Member Stephens casting the 'pay" vote. G. The Council considered adoptioi of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the City of Dallas and North Texas State University for Ifmnologlcai studies on Lake Ray Roberts; and approving the expenditure of funds therefore; and providing [or an effective date. Bob Nelson, Director of Utilities, reported that this contract had been Yr+viously approved by the Lity Council. The City of Dallas had changed the method of payment of funds to Borth Texas Stat: University. Staff was bringing the contract back for Council approval of the changes. The following ordinance was presented. NO. 85-178 AN ORDINANCE AUTHORIZING THE CITY A ANAGER TO EXECUT'c AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY' OF DALLAS AND NORTH TEXAS STATE UNIVERSITY FOR LI4NOLOGICAL STUDIES ON LAKE SAY ROBERTS- A,4D APPROVING THE EXPENDITURE OF FUNUS THEREFORE; AND PRuVII1ING FOR AN EFFELIIVE DATE. Stephens motion, Riddlesserger second to slept the ordinance. Un roll call vote, McAdams "aye," Hopkins "aye, Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Aayor Stewart "aye." Motion carried unanimously. 7. Resolutions A. the Council considered approval of a resolution approving the airport lease agreement between the City of Ianton and 4r. Craig Tim$ and Mr. Jim Coursey, City of Denton City Council Minute' Meeting of September 3, 1985 Prse Sixteen Clint Lynch, Airport :tanager, reported that this was a standard lease form. The lease was for .9 acre on ttb north east corner of the airport. The terms of the lease were for 2S years with the city having first right to refusal. the lessees planned to constr•_ct a 1200 square feet hangar as well as a a small museum. An area would be provided for the storage of airpleie parts and the washing of planes. Council Member Stephens asked where this would be located on the airport. Lynch responded it Kould be north of Ar. Strickler anu Mr. Rogers. The f W owing resolution was preser.ted: R E S 0 L U T 1 0 N WHERL•AS, the City of Denton awns property available for lease at the Denton Municipal Airport; and WHEREAS, dr. Craig Tims and Mr. Jim Coursey desire to lease property at the Denton Municipal rental aand nd to related utilize athe same for eronautical hangar construction, hangar and NHEREVS, the City of Denton desires to lease a certain tract of real property upon the Airport premises for such purposes; and WHEREAS, the Airport Advisory Board has reviewed and recommended approval of the attached prnposed Lease Agreement; NOW, IIIEREFOKE, bE 11' KESULYE:D bl THE COUNCIL OF THE CITY uF DENTON, TEXAS. THAT: SEC'f1UN 1. The Airport Lase Agreement (Commercial Operator) between the City of Denton and Craig Tims and Jim Coursey, attached hereto and incorporated herein by reference, is hereby approved. SECTION I1. The mayor is hereby authorized to execute the attached lease agreement on behalf of the City. SEcr_IUi1 111. That this Resolution shall become effective immediately upon its passage and approval. PASSED AAD APPKUYEU this the 3rd day of September, 1985. KICHARD U. , AAW CITY OF LEN?ON, TEXAS AI'fES'f: Z OAK LOTTE AMN, Ln'f 'STi,'Ui'7CFC5 C1'1'Y OF UEATOA, TEXAS APPROVED AS TO LEGAL FUKi: UWA ADMI UKA1'0VII01, GITY ATIURNEY CITY OF UENION, TEXAS BY: - City of Denton City Council Minutes Meeting of September 3, 190 Page Seventeen Chew motion, Stephens second that the resolution be approved. On roll call vote, McAdams "aye," K pkirs "aye," Stephens "aye," Alford "aye," Riddiesperger "aye," Chew "aye," and Mayor Stewart Motion carried unanimolsly. a. There was no otitcial action on Executive Session items of legal matters, real estate, personnel, or board appointments. y. The following items of New Business were suggested for future agendas: i. Mr. Council Cott C(for rapproval ono the September 17 drafted agenda) expressing the Councils regret for the position in which he had been placed. lo, The Council reconvened Into the Executive Session to discuss lega► matters, real estate, personnel, and board appointments. The following official action was taken. Chew motion, Riddlesperger second to appoint the firm of Paul Reaume Associates as the search firm to be used in the selection process for the City Manager. Motion carried untnimously. With no further items of business, the meeting was adjourned. RICHARD 0. -STENARj, RAIUR UMTU f i F.-r. , UMSECRTM 141!(; a V ~ I CITY&DFNTONoTEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)566.6200 M E M 0 R A N D 11 M ■ ■ i ■ ■ DATE: September 3, 1985 T0; Rick Svehla, Acting City Manager FROM: John F. McGrane SUBJECT: BUDGET HEARING ON THE PROPOSED USE OF NEDERAL REVENUE SHARING FUNDS, 1985786 FISCAL YEAR. Pursuant to federal regulations, each government which expends revenue sharing entitlement funds in any fiscal year, must have a budget hearing prior to the enactment of the City's budget. All citizens of the recipient government shall have a reasonable opportunity to provide written and/or oral comments and to ask questions concerning the entire budget and the relationship of entitlement funds to the entire budget. The proposed 1985-86 budget as submitted to Council designates the proposed use of Revenue Sharing Funds as follows: • $178,202 to the General Project Funds. These funds will be used to pay a portion of the cists of a Computer Aided Drafting (CAP) biapping system. • $86,359 to be used for public safety personal services. The budgeted amount of sharing funds is approximately .002 percent of the total budgeted expenditures. i Memo to Rick O"vehla September 3, 1985 Paler Two A copy of this memo is on file in the Finance Department and is available for review by any citizen. If you have any questions regarding this matter, please advise. hn F. r4cGrane JFMcG:ab 1S51F I a~sj 1195E NO. _ AN ORDINANCE AUTHORIZII4G AN AGREEMENT BETWEEN THE CITY OF DENTON AND PAUL A. REAUME ASSOCIATES - PARA INCORPORATED FOR PROFESSIONAL SERVICES RELATIVE TO THE EXECUTIVE SE:tNCH FOR CANDIDATES FOR THE CITY MANAGER, AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS3 SECTION I. The Mayor and City .Secrotary are hereby e,:thori.+.ed to execute and attest an agreement betwe4kn the City of Denton, and Paul A. Resume AssoCiatls - PARA Incorporated providing for professional services relative to the executive search, for candidates for the City Manager under the terms and conditions contained in said agreement which is attached hereto and made a part hereof. SECTION It. The expenditure of funds is hereby authorized in the amount of Twelve Tnousand Dollars ($12,000.0D) plus expenses. SECTION III. That this ordinance shall become effective immediately upon its paasage and approval. PASSED AND APPROVED this the day of , 1985. RICHARD 0. E , RXYZ5 CITY OF DENTONe TEXAS ATTESTa CHA TE ALL ER, CITY SECUTAAY CITY OF DENTON, TEXAS APPRUVEU AS TO LEGAL FORMi DEBRA ADAMI DRAYOVITCH, CITY kTTORNEY CITY OF DENTON, TEXAS BY1 A G R r E M C N T THIS AGREEMENT made and entered into this dayy of , 1985, by and between the City of Donton, a municipal corporation of the State of texas, with office at 215 East McKinneyy thereinafter referred to as the "City") and PAUL A. REAUME 111SOCIATES - PARA Incorporated, 100 Waukegan Road, Lake Bluff, Illinois 60044 iherein0ter referred to as the "Consul- tsnt" WITNESSETH: WHEREAS, the Consultant has submitted its proposal to the City which is Incorporated herein as "Exhibit A," for its providing services incident to the recruitment of Candidates for the position of City Manager; and, WHEREAS, the City has O^termined to accept said proposal and both parties desire to enter into an Agreement incident thereto; and, WHEREAS, those parties executing this Agreement on be- half of both the City and the Consultant have the necessary authority to do such, NOW, THEREFORE, for the considerations herein expressed, It is agreed by and between the City and the Consultant as fol- ,lows: FIRST: The contractual documents, in addition to this Agreement, shall be the proposal submitted to the City by the Consultant, which are attached hereto as "Exhibits A" and "B" and which are incorporated herein. SECOND: On the date of execution of this Agreement, the Consultant shall undertake to provide the services incident to the recruitment of Candidates for the position of City Manager as further specified in "Exhibit A"; the Consultant to perform said recruitment services in accordance with the terms and provi- sions of this Agreement, THIRD; The proressional fee payable to the Consultant will be a fixed fee of $12,000, t The City shall also reimburse Consultant for all travel, lodging, meals, postage, stationery, printing, photocopy, local and long distance telephone and related incidental expenses incurred in behalf of the City throughout the recruitment assign- ment. Expense reimbursement is estimated to approximate $4,000. Such professional fee and expense reimbursement shall be paid Consultant by the City in the following manner: Based upon the professional fee of $12,000, one-third shall be payable upon Consultant's completion and the City's approval of the Recruit- ment Profile; one-third shall be payable upon Consultant's presentation of Candidates recommended for personal interviews; the final billing for the balance of the total professional fee due shall be submitted following the City's appointment of a Candidate to the position of City Manager. Billings for expense reimbursement shall be submitted on a similar schedule, verifying costs and expenses incurred. Said billings shall be paid by the City within thirty days after receipt. FOURTH: This Agreement shall remain in full force and effect until such time as a Candidate, acceptable to the City is found, unless terminated in accordance with Paragraph FIFTH. FIFTH: The City may terminate this Agreement by pro- viding a written notice of termination to the Consultant at least ten (10) days in advance of the effective date of said termina- tion, Should this Agreement be terminated, the City shall reim- burse Consultant for actksl time and expenses (as described in "Exhibit B") incurred as of the effective date of termination, such reimbursement to be paid within thirty days of Consultant's submission of detailed fee and expense invoice to the City. It is agreed that termination reimbursement responsibility of the City shall be limited to a total not-to-exceed profes- sional fee charge of $129000 and the actual amount of expense incurred to effective date of termination. SIXTH: This Agreement is not assignable by either party hereto, SEVENTH: The legal status of the parties hereto is that Consultant is an Independent Contractor. EIGHTIi: The Consultant wi'►1 not discriminate against any Candidate for the City Manager position because of race, color, age, religion, sax, physical handicap or nation11 origin, NINTH: The maximum liability of Consultant pertaining to provision of recruitment services in behalf of the City shall be limited to the amount of the maximum professional fee paid by City under the terms of this Agreement. lsa EXECUTED this day of CITY OF DENTON, TEXAS RICHARD 0. STEWART, MAYOR ATTEST: CHARLOTTE ALLEN CITY SECRETARY PAUL A. REAUHE ASSOCIATES - PARA, Incorporated res n ' 3 EXHIBIT "A" Services of PAUL A. REAUME ASSCCIATES - PARA, Incorporated (Con- sultant) incident to recruitment of a City Manager for the City of Denton, Texas (City). 1. Interview appropriate municipal nfficfals to achieve a erT ,ree of consensus and agreement concerning the specific nature of duties responsibilities anc+ expectations of the City Manager position, developin~i a recruitment profile for approval by the City, 2. Place no-fee announcements of the position in recognized Pro T essional publizations and, if desired, place other, paid advertisements at City expense. 3. Conduct an independent professional search for qualified URTWA-Ies apart from normal announcement and advertising efforts. 4. Process all applications received and solicited, including timely racknowiedgements to all Applicants in behalf of the City. 5. Screen all a plications received from announciiment and re- crru`i~'tment e~forts, matching Applicants' creOntials with qualification criteria established and approved by the City for the position. 6. Inforo all Applicants who do not clearly meet the City's abs`fc criteria for the position. 7. Submit to the City a report on applications received, in- cTudYng resumos of those Candidates recommended and con- sidered to be most qualified and best suited for the posi- tion, 8. Assist the City in reviewing resumes and qualifications of recommended Candidates toward the Council's selection of a number of Candidates for final interview, g. Provi6e assistance in the final interview process, as de- sired, with final selection and appointment to be made by the Council. 10. Maintain regular contact with the Personnel Director TK:~~ughout the recruitment assignment, EXHIBIT "B" In the event the Agreement attached hereto, between PAUL A. REAUME ASSOCIATES - PARA, Incorporated (Consultant) and the City of Denton, Texas (City) which this Exhibit "B" is a part thereof, is terminated as described in Paragraphs FOURTH and FIFTH. The follbwlnq rates shall b6 used tr compute the reimbursement due Consultant for professional services and expenses incurred on behalf of the City from the effective date of said Agreement through the termination date: Professional Services of Consultant's $75.00 Dollars Per Hour Principal Associates Professional Services of Senior Staff $90.00 Dollars Per Hour Associates and Paul A. Reaume Automobile Mileage (private auto) $ .22 Cents Per Mile All other expenses, including meals, travel, lodging, telephone, postage, etc. outlined in Paraaph THIRD of the Agreement on a cos? t basis. I i