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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: 104 City of Denton City Council Minutes September 27, 1994 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 105 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. 106 City of Denton City Council Minutes September 27, 1994 Page 4 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~. 107 City of Denton City Council Minutes September 27, 1994 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: 108 City of Denton City Council Minutes September 27, 1994 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. 109 City of Denton City Council Minutes September 27, 1994 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. 110 City of Denton City Council MinUtes September 27, 1994 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 ' 111 City of Denton City Council Minutes September 27, 1994 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. 112 City of Denton City Council Minutes September 27, 1994 Page 10 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. 113 City of Denton City Council Minutes September 27, 1994 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 114 City of Denton City Council Minutes September 27, 1994 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