Minutes September 27, 1994103
CITY OF DENTON CITY COUNCIL MINUTES
September 27, 1994
The Council convened into a Special Called Meeting of the City of
Denton City Council on Tuesday, September 27, 1994 at 7:00 p.m.
PRESENT: Mayor Castleberry; Council Members Chew, Cott, Perry,
Miller and Smith.
ABSENT: Mayor Pro Tem Brock
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Mayor Castleberry presented a proclamation for National Arts and
Humanities Day.
Mayor Pro Tem Brock joined the meeting.
2. Citizen Reports
There were no citizen reports presented at the meeting.
3. Consent Agenda
Perry motioned, Brock seconded to approve the Consent Agenda. On
roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye" Perry "aye", and Mayor Castleberry "aye"
, . Motion
carried unanimously.
A. Contracts
Baker-Shif lett/EMCON - hydrogeological
investigation
Deloitte & Touche - auditing services
Mayor Castleberry indicated that Item 3.A.2. had been pulled from
consideration.
4. Ordinances
A. The Council considered adoption of an ordinance
authorizing the City Manager to execute~an agreement between the
City of Denton and EMCON/Baker-Shiflett for professional
engineering services for developing a groundwater characterization
for the Denton landfill. (3.A.1.)
The following ordinance was considered:
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City of Denton City Council Minutes
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Page 2
NO. 94-176
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
DENTON AND EMCON BAKER-SHIFLETT FOR PROFESSIONAL ENGINEERING
SERVICES FOR DEVELOPING A GROUNDWATER CHARACTERIZATION FOR THE
DENTON LANDFILL; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Brock motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and Deloitte and Touche, L. L. P. for an independent
audit. (3.A.3.)
The following ordinance was considered:
NO. 94-177
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
DENTON AND DELOITTE AND TOUCHE LLP FORAN INDEPENDENT AUDIT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
Smith motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance amending
Chapter 18, Section 18-91 of the Code of Ordinances of the City of
Denton, regarding the parking of vehicles on certain portions of
Wilson Street, Lakey Street, East Prairie Street and Bradshaw
Street near Fred Moore Park. (The Traffic Safety Commission
recoma~ended approval.)
Rick Svehla, Deputy City Manager, stated that this was a
recommendation from the Traffic Safety Commission and the Parks and
Recreation Board to change the time allowed for parking from 11:00
p.m. to 10:00 p.m. and added areas of no parking around Fred Moore
Park. In the past, there was a difference of time from when the
park closed and when the parking expired. This ordinance would
coordinate those times and provide for additional no parking in the
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City of Denton City Council Minutes
September 27, 1994
Page 3
area.
Council Member Chew stated that the residents of the area
understood that once the parking was removed, it would be enforced
throughout the neighborhood.
Svehla replied correct.
The following ordinance was considered:
NO. 94-178
AN ORDINANCE AMENDING CHAPTER 18, SECTION 18-91 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, REGARDING THE PARKING
OF VEHICLES ON CERTAIN PORTIONS OF WILSON STREET, LAKEY
STREET, EAST PRAIRIE STREET AND BRADSHAW STREET NEAR FRED
MOORE PARK; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
Mayor Pro Tem Brock motioned to adopt the ordinance. She stated
that a major problem in the area was loud noise at night and hoped
that this ordinance would help that situation.
Council Member Cott asked if there was enough over-night parking in
the area.
Svehla stated that the areas of no parking were adjacent to City
property. The other side of the street would allow parking.
Council Member Perry seconded the motion.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
D. The Council considered ~d~ption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and the Atchison, Topeka and Santa Fe Railroad for
the installation of a crossing and safety signals at Jim Christal
Road.
Rick Svehla, Deputy City Manager, stated that this agreement would
allow the railroad to install a rail crossing on Jim Christal Road
The contract for the rest of the road was being reviewed by the
County and this agreement would allow the new crossing so that the
crossing at Scripture could be closed.
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City of Denton City Council Minutes
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The following ordinance was considered:
NO. 94-179
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR THE
INSTALLATION OF A CROSSING AND SAFETY SIGNALS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and the Texas Department of Transportation for the
furnishing and installing of traffic signals by a municipality.
(CSJ 918-46-910; 135-10-900; 134-09-903)
Rick Svehla, Deputy City Manager, stated that this was an agreement
with the Texas Department of Transportation for furnishing and
installing traffic signals. These projects would allow for
improved signals on University Drive and to retime the signals from
I35 to Loop 288. The project was totally funded by Federal money
with the work being done by the City and the City being reimbursed
by the Federal Government.
Mayor Pro Tem Brock asked if these projects would be adaptable to
future improvements in the streets. .
Svehla stated that the signals and controllers could be reused and
would remain in the same location.
The following ordinance was considered:
NO. 94-180
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE ANAGREEMENT BETWEEN THE CITY OF DENTON AND
THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING AND
INSTALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DAT~.
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City of Denton City Council Minutes
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Page 5
Miller motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and Science Land of Denton.
Kathy DuBose, Acting Executive Director for Finance, stated that
Council had directed staff to bring a contract for Science Land
which had requested Lalor funds for two eligible categories of
tourism and historic preservation and restoration. The contract
allowed for six monthly payments totalling $7,000.
Council Member Chew left the meeting.
The following ordinance was considered:
NO. 94-181
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND SCIENCE LAND OF DENTON;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
FOR AN EFFECTIVE DATE.
Miller motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry
"nay", and Mayor Castleberry "nay". Motion carried with a 4-2
vote.
G. The Council considered adoption of an ordinance amending
the 1993-94 annual budget of the City of Denton by appropriating
the sum of $117,000 from the unappropriated balance of the General
Fund to sub-recipients of the hotel tax collection and the airport
grant fund account.
Council Member Chew returned %o the meeting.
Kathy DuBose, Acting Executive Director for Finance, stated that
this amendment allocated $42,000 to the hotel/motel entities as the
City had received more money than originally budgeted. $75,000 was
for the City's portion of a 10% match for an airport grant.
The following ordinance was considered:
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City of Denton City Council Minutes
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Page 6
NO. 94-182
AN ORDINANCE AMENDING THE 1993-94 ANNUAL BUDGET OF THE CITY OF
DENTON BY APPROPRIATING THE SUM OF ONE HUNDRED SEVENTEEN
THOUSAND DOLLARS ($117,000) FROM THEUNAPPROPRIATED BALANCE OF
THE GENERAL FUND TO SUBRECIPIENTS OF HOTEL TAX COLLECTIONS AND
THE AIRPORT GRANT FUND ACCOUNT; PROVIDING FOR PUBLICATION
HEREOF; AND DECLARING AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
H. The Council considered adoption of an Ordinance amending
Ordinance 90-026 relating to Rules of Procedure for the City
Council of the City of Denton and repealing Ordinances 93-073, 92-
115 and 90-150.
City Attorney Drayovitch stated that this ordinance had been
introduced at the last Council meeting. Several changes had been
made per Council direction.
Mayor Pro Brock suggested amending Section 6.3 which now stated
that any member could suggest an item for discussion at the next
work session to read a future work session.
The following ordinance was considered:
NO. 94-183
AN ORDINANCE AMENDING ORDINANCE NO. 90-026 RELATING TO RULES
OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, AND REPEALING ORDINANCES 93-073, 92-115, AND 90-150;
PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
Brock motioned, Cott seconded to adopt ordinance witL the change
the wording of Section 6.3 to "future work session" instead of
"next work session". On roll vote, Brock "aye", Cott, "aye", Miller
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
5. Resolutions
A. The Council considered approval of a resolution approving
budget adjustments for fiscal year 1993-94.
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City of Denton City Council Minutes
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Page 7
Kathy DuBose, Acting Executive Director for Finance, stated that
the City Charter provided that during the last three months of the
fiscal year, a budget adjustment was allowed in order to move funds
between different departments and agencies. This was a clean up of
the end of the year procedures.
The following resolution was considered:
NO. R94-055
A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR
1993-94; AND DECLARING AN EFFECTIVE DATE.
Smith motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B.1. The Council considered approval of a resolution accepting
a grant for development of the Denton Municipal Airport.
This item was pulled from consideration.
B.2. The Council considered approval of a resolution
authorizing the City Manager to accept a grant for development of
the Denton Municipal Airport.
Rick Svehla, Deputy City Manager, stated that B.1. was pulled
because the City did not have a firm grant offer from the FAA at
this time. Staff was suggesting that, if the City received the
grant as it had been told it would, the Council authorize the City
Manager to accept the grant. This would allow the City to accept
the grant and not require a special Council meeting. Staff had
been informed by the FAA officials that the paperwork was completed
for the grant and was in Washington. The FAA had not received the
paperwork back so they could not completely confirm the grant
offer.
The following resolution was considered:
NO. R94-056
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT
FOR DEVELOPMENT OF THE DENTON MUNICIPAL AIRPORT; AND PROVIDING
AN EFFECTIVE DATE.
Cott motioned, Brock seconded to approve the resolution.
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Page 8
Mayor Castleberry indicated that he had a speaker card from Mike
Stephens who was in support of the resolution.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
6. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (Bid #1673 - Airport Runway
Expansion)
This item was pulled from consideration.
7. The coUncil receive a report, held a discussion and gave staff
direction concerning the process for the City Council to appoint a
new City Attorney.
Tom Klinck, Director of Human Resources, stated that he would be
addressing information on recruitment, selection, evaluation and
placement of a new City Attorney. The first step would be to
address recruitment. The recruitment profile would include issues
which the Council determined were critical to the City's needs in
legal representation such as community awareness and issues;
organizational issues; technical education experience; leadership
and management; and Council expectations. Examples of Council
expectations might include the role of the City Attorney,
philosophy on legal representation, the Legal Department's focus
and support to City departments. Recruitment would involve
updating the job description; posting and advertising the job and
the de~ision for internal candidates only versus open to all
candidates who met minimum qualifications; and administrative
support such as using an executive search firm versus the Human
Resources staff. Recruitment compensation and benefits included a
recommended salary range. The recommended range was between $64-
97,000 with a midpoint being $81,000. Selection and evaluation
involved an initial paper screen looking at minimum qualifications,
experience,and presentation. This would net approximately 20-30
candidates. The secondary screen would be a telephone and/or
w~itten ques%iQnnaire which would net a final pool of 10-15
candidates. The semifinalists would have a telephone screen of
references which would reduce the number of candidates to a final
pool of 3-5 individuals. The City Council would interview the
finalists. He presented a sample evaluation of criteria which
dealt with legal technical competence, legal philosophy, leadership
and management, financial and budgeting, communication skills and
media relations. External candidates would become acquainted with
Denton and meet key community leaders. He presented a recruitment
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City of Denton City Council Minutes
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Page 9
and selection schedule for internal and external candidates.
Council Member Perry asked if an affirmative action plan was
included.
Klinck replied that the City's policy was that all de~isions were
based on protected rights under the Federal law. As an
organization the City supported affirmative action and would look
at all candidates regardless of their race or sex or any protected
right.
Council Member Perry asked if those requirements could be met
without an external search.
Klinck replied that there would be some internal candidates which
would be female which would meet the minimum qualifications but he
was not sure of any other protected class.
Council Member Miller stated that an internal search would follow
legal guidelines.
Klinck replied correct.
Council Member Cott stated that one of the reasons for an internal
search as opposed to an external search would be cost. He asked
for an estimate of that kind of cost.
Klinck stated that an internal search would be less expensive than
an external cost. An external search using an external consultant
would cost from 30-33 1/3% of the initial starting salary.
Council Member Smith asked if it would be possible to do a combined
internal and external search with in-house staff and not hire an
outside firm.
Klinck replied correct but that the Human Resources Department was
currently in the process of searching for the new Parks and
Recreation Director and this added search would have an impact on
his staff.
Council Member Perry suggested performing an internal search and
felt there was no need to hire an outside firm to conduct the
search.
Council Member Smith felt that it would be better to do an internal
and external search for candidat~. Th~r~ might b~ ~urr~nt ~taff
who would be very well qualified but there may be others outside as
equally qualified.
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Council Member Miller stated that he preferred to look internally
first. He felt that an internal search would give a message to
City employees that there was a benefit to work for the City of
Denton.
Council Member Smith stated that a highly qualified internal
candidate would stand out well against external candidates.
Chew motioned, Perry seconded to perform an external search using
the Human Resources Department to handle the search. On roll vote,
Brock "nay", Cott, "aye", Miller "nay", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5-
2 vote.
Klinck asked if Council wanted to ask the present City Attorney to
assist in updating the job description and return with some
advertising copy. He asked if the Council wanted to include in the
job description that the appointee had to be a resident of the
community. The State law stated that the Council could not require
residence other than for council appointees and council members.
Mayor Castleberry indicated that the City Charter not specify that
the appointee had to be a City resident.
8. The Council reconsidered a motion appointing the chairs of the
Board of Adjustment and the Sign Board of Appeals.
Mayor Pro Tem Brock stated that at the last meeting, she had made
nominations for chairs of these two board thinking that the current
chairs were no longer available. She had since discovered that
that was not the situation and that the Council was only ratifying
what had been decided on in the committees. Both current chairs
were willing to continue and both were doing an excellent job. She
asked that Council approve the motion to reconsider.
Brock motioned, Smith seconded to reconsider the item. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castle~3erry "aye". Motion carried
unanimously.
A. The Council considered a motion to appoint the chairs of
the Board of Adjustment and the Sign Board of Appeals.
Brock motioned, Smith seconded to appoint Rachel Mays as the chair
of the Board of Adjustment and Mike Wiebe as the chair of the Sign
Board of Appeals. On roll vote, Brock "aye", Cott, "aye", Miller
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
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Page 11
9. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. Two events were scheduled for the next council meeting of
October 10. One was a resolution establishing a "Wall of Honor".
The Wall would display a number of letters and compliments received
about City employees. This would be a regular process and the
letters would be rotated on a continual basis. At 6:30 p.m., staff
was planning to invite the first initially recognized employees to
a reception honoring them.
B. There would be no meeting on October llth.
10. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Mayor Pro Tem Brock suggested devoting all the work
session of October 25th to a discussion on the issues of the fire
staffing both immediate and lonq term needs. She asked the Council
to indicate if they would be w~lling to schedule such a session.
Mayor Castleberry stated that at this point, the Council could not
discuss the item but merely make it a point for an agenda.
Mayor Pro Tem Brock asked if the Agenda Committee would decide
on whether the matter would be placed on an agenda.
Mayor Castleberry indicated that the Agenda Committee did handle
all of the items on the agenda.
B. Council Member Cott stated that several times he had said
that he had mistakenly voted against the budget. He asked that
that be reversed.
Mayo: Castleberry indicated that that would have to placed on an
agenda.
City Attorney Drayovitch stated that this situation had happened
several years ago when a Council Member said that his vote did not
reflect his intent. She asked if that was a correct summary of
this situation.
Council Member Cott replied yes.
City Attorney Drayovitch stated that in the prior instance, when
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City of Denton City Council Minutes
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Page 12
those minutes were given to Council for approval, that Council
Member made a motion to include in the minutes an added statement
that it was not his intent to vote in the manner shown and that it
was an error.
Council Member Cott stated that if the vote could not be reversed,
he would keep it the same.
11. There was no official action taken on Executive Session Items
discussed during the Work Session.
12. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 8:00 p.m.
~C~Y SEF~RETARY
~ITY OF DENTON, TEXAS
ACC00215