Minutes March 23, 19933O4
CITY OF DENTON CITY COUNCIL MINUTES
March 23, 1993
The Council convened into a Special Call Session on March 23, 1993
in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Brock, Chew, Perry, and Miller.
ABSENT: Council Member Smith
1. The Council convened into the Executive Session to discuss:
A. Legal Matters
Considered the applications of the City of Denton
and the Bolivar Water Supply Corporation to revise
the water and sewer service boundaries of the
existing Certificates of Convenience; Docket Nos.
9447-C, 9824-C, 9825-C.
B. Real Estate
C. Personnel/Board Appointments
2. The Council received a report and held a discussion regarding
the televising of City Council meetings and the operation of a
government access channel and gave staff direction.
City Manager Harrell stated that Council had asked for a test
filming of a Council session to determine how the televising would
proceed. The tape had been prepared and staff was ready for
Council direction.
Bill Angelo, Director of Community Services, showed the tape of a
previous Council meeting which was done as a demonstration for
Council. Council discussed the placement of the external lights.
Angelo stated that without supplemental lighting, the guality of
the tape was very good. The audio quality was good when taken off
the radio broadcast but the quality was not as good coming directly
off the sound system. The options with this issue included the
televising of meetings, the use of the governmental access channel,
and a joint agreement with the School District. Equipment expenses
would be approximately $20,208 for the televising of the Council
meetings, approximately $2500 for the operation of the cameras and
for supplies and approximately $16,323 for the channel operation.
All of the equipment costs would be funded from the Sammons grant.
Mayor Pro Tem Hopkins asked if the DISD was still committed to
sharing the expenses.
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Page 2
Angelo replied that the DISD had indicated that if the Council
bought the equipment, they would immediately start a replacement
fund for equipment so that when the equipment needed to be
replaced, they would buy the equipment. After replacement the
equipment would be jointly owned.
Mayor Pro Tem Hopkins asked about other costs.
Angelo replied that the DISD would take care of their own costs for
the televisihg.
Council Member Chew asked if the $16,000 from the Sammons grant
was a one time charge.
Angelo replied yes that it was estimated that the equipment would
last approximately 10-12 yea~s.
Council Member Chew asked if the $20,208 expenditure was also a one
time expenditure.
Angelo replied yes.
Council Member Brock asked if there would be an intern trained to
operate the equipment under the supervision of City staff.
Angelo replied yes.
Council Member Brock asked about the possibilities of taping
meetings such as the Public Utilities Board and the Planning and
Zoning Commission and running those meetings on the public access
channel.
Angelo replied that it could be done in the future.
Council Member Brock asked if there would be any prohibitive costs
involved.
Angelo replied that there would be the cost of the taping time and
the cost of the tapes. The hourly rate for the intern would be
approximately $6.50 per hour.
City Manager Harrell stated that there was money in the current
budget for just the council meetings. If the Council wished to do
other meetings, it would have to be a budget issue for any upcoming
budgets.
Council Member Perry stated that the cost for operation and
maintenance was only $2500.
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Page 3
Angelo replied that that cost was for the rest of this year only.
Council Member Perry asked if the $16,000 was a one time cost.
Angelo replied that that involved the purchase of two pieces of
equipment. One would be a text scanner for the bulletin board
program and the other would be a light sensitive camera to be used
by various city departments and as a backup for the camera used for
the Council meeting.
Council Member Brock asked about the televising of work sessions.
Angelo replied that there might be a problem with the size of room.
If the work session were done in larger room, it would be easier to
televise. It could be done in the current room but it might not be
as professional.
City Manager Harrell stated that that would be a policy decision of
the Council. The DISD had moved their work session items to their
formal board room when the new facility was completed. That might
be a Council decision to do the study sessions in the Council
Chambers.
Council Member Brock stated that that might be considered when City
Hall was remodeled.
Council Member Miller felt it was a good suggestion to move the
work sessions upstairs. He was impressed with the quality of the
lighting and sound of the tape. He was in favor of proceeding with
the broadcasting.
Council Member Chew stated that if artificial lights did not have
to be used, the procedure would work.
Council Member Brock stated that it would be a good contribution to
have the DISD change their meeting date to allow citizens to attend
both meetings. She suggested looking into different ways to use
the bulletin board.
Council Member Perry asked if the televising would undo the
broadcast over radio as more people had access to radio than to
cable.
Angelo stated that it would not affect the broadcasting by the
radio station.
Joe Dodd stated that the Council needed to consider three items.
One was whether the Council material was copyrighted so that it
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Page 4
could not be used for campaign material by others. A second
consideration was to use 3% of the 5% franchise fee for a
continuing maintenance fund. He suggested factoring in the
lifeline service so that a maximum number of people would have
access to the programs. With the broadcasting of the meetings,
there would be a change of emphasis on how the radio and newspaper
reported what happened at the meeting.
Consensus of the Council was to proceed with the project.
3. The Council received a report and held a discussion regarding
proposed amendments to the health food ordinance and gave staff
direction.
Nonie Kull, Manager of Environmental Health Services, stated that
the proposed ordinance outlined procedures and policies already in
use. Her department had met with the Restaurant Association and
the Texas Restaurant Association had mailed notices of the meeting
so the public had an adequate opportunity to speak on the issue.
There was no resistance to the proposed ordinance. However, the
Restaurant Association had asked her to make two points to the
Council. One dealt with the reinspection fee of 50% of the annual
permit fee which was approved in the prior budget. The Association
felt the fee was excessive. The Association also asked that the
proposed ordinance include a section dealing with the basis for the
fee. The fee was based on the number of employees and two part-
time employees were grouped as one. This was the current procedure
used and the Association suggested it be included in the ordinance.
Mayor Castleberry asked about the Association's concern with the
reinspection fee.
Kull replied that the Association felt that the fee was too high
and suggested a possible $15 reinspection fee similar to the fee
charged by the Fire Department for reinspection.
Mayor Pro Tem Hopkins asked what was the City's response to that
request.
Kutl replied that a reinspection from the Fire Department and from
her department were very different. If the Fire Department noted
only one problem, that was the only item reinspected. If her
department had to do a reinspection, a full inspection had to be
done. If it were a larger facility, it could be a very lengthy and
time consuming reinspection.
City Manager Harrell stated that it was very seldom that a facility
had to be closed. He asked how often reinspections had to be done.
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Kull replied that with some businesses, the inspectors might have
to go back several times. This was a fee that no one need ever pay
if the facility were maintained properly. A reinspection was not
required unless the facility scored 75 or below on the inspection.
Council Member Chew stated that the reinspection fee was not
covering the cost of the reinspection~ This was something no one
had to pay unless they were not meeting the standards.
Council Member Miller stated that the fact that the fee was based
on the number of employees was policy but not in included in the
proposed ordinance.
Kull replied correct and that she had asked that it be included in
the ordinance.
Council Member Miller asked for a report on the number of
reinspections and the associated fees for the current year.
Consensus of the Council was to proceed with the ordinance.
4 The Council received a report and held a discussion regarding
alternative methods to appoint members to the City's boards and
commissions and gave staff direction.
City Manager Harrell stated that staff would present procedures
other cities used to deal with the situation of no longer being
able to discuss appointments to advisory boards in executive
session. This must now be done in open session. Staff was looking
for direction on how to proceed with these options. A proposed
policy would be developed on how the Council would like to deal
with appointments to advisory boards.
Catherine Tuck, Administrative Assistant, stated that an informal
survey had been done with several cities. There was a variety of
different methods used. Some cities interviewed prospective
candidates with either a subcommittee of the council or with the
full council. This was usually followed by an open session
discussion or appointment. Some cities advertised for appli~ant~
and had applicants complete an application form. These forms
helped develop a pool of interested citizens. Other cities had
informal briefings regarding the various duties of the boards or an
informal reception which gave council an opportunity to meet the
candidates. Dallas had a quite different approach in that each
council member was assigned a position of responsibility for each
board. When a vacancy occurred on a board, the member assigned to
that position would recommend a replacement.
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Council Member Miller asked if the interviews were done in open
session.
Tuck stated that the cities had indicated that they had previously
been done in closed session but now would be done in open session.
The interviews had generally been done in a work session format.
Council Member Brock stated that she had discussed this issue with
a council member from DeSoto. DeSoto interviewed applicants in
open session which appeared to be very effective.
Council Member Miller felt that an open interview might limit the
people who would come forward for board positions. He felt it
would not be effective in a public arena and that it would be an
imposition on citizens to go through such a procedure.
Council Member Perry stated that it was difficult to imagine having
people who would not want to participate in such a process.
Mayor Pro Tem Hopkins felt that it was different serving on a
committee than being elected to a position. There might be the
possibility of dealing with pointed questions and embarrassing the
individual wanting to serve. She felt that Council tired to be all
inclusive with the makeup of the boards.
Council Member Chew felt that open interviews might limit the
number of people who would want to serve on committees.
Council Member Miller stated that if the appointment were for some
type of public service, the interviews had to be done in open
session but if it were an employee of city, it could be done in
closed session. There was a need for a procedure which would be
fair to citizens who would be considered for a position and still
be within the legal ramifications. He felt that the Dallas
procedure might be a procedure to follow. The individual would
still be elected by the whole Council but the nomination would be
made by a specific council member.
Council Member Chew agreed with possibility of following the Dallas
procedure and was not in favor of the interview process.
Council Member Brock stated that with the interview process, one
person might be happy and others would be unhappy. She would not
want to have a "ward" process of appointments. In the past the
Council had used an informal appointment process such as the Dallas
system.
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Tuck presented an overhead, included in the agenda backup, which
detailed several possible elements for the board/commission
appointment process.
City Manager Harrell felt that there were two different ways to
proceed with the process. One way was a variety of the Dallas
process in which a system would be developed with the advisory
boards to determine places on the boards corresponding to Council
positions. The second was the open selection process.
Council discussed how this variety of the Dallas procedure would
not be ward politics as often a member might recommend an
individual who did not live in his district or ask another member
to make a recommendation if he did not have one.
Consensus of the Council was to proceed with a Dallas version which
would work in Denton.
Jerry Cott suggested Council review the number of business people
on the various boards/commissions.
Council Member Miller stated that he favored the application
process and the advertising for applicants. He also favored having
a public meeting to learn about the City's boards/commissions.
City Manager Harrell asked if Council would want to keep the
process for the decision making boards the same or fold those
boards in the new process.
Consensus of the Council was to do the same procedures for each
board.
Council Member Brock felt that a letter should be sent from the
City Secretary notifying current members that their terms were
expiring.
Council directed staff to prepare a policy which included such
procedures as having the City Secretary send a letter to current
members whose terms were expiring, advertising in the local media
for applicants to the boards/commissions, requesting all interested
citizens to complete applications including current members,
holding a briefing session to learn about boards/commissions,
modeling an appointment process similar to the Dallas procedure and
making final appointments in a regular council meeting.
5. The Council received a report and held a discussion regarding
the City's Opticom System.
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Jerry Clark, Director of Engineering and Transportation, stated
that in 1990 the City installed an emergency vehicle preemptor
system at nine signalized intersections on three major arterials in
the City. These preemptors allowed emergency vehicles to proceed
through an intersection while stopping all other traffic. The
system sent a light beam from an emitter to a receptacle on a
traffic controller which changed the traffic light to give
emergency vehicles safe passage through the intersection. The
system provided protection to the general public and to emergency
vehicles, improved response times, improved maneuvering through
traffic, minimized the risk of accidents with the emergency vehicle
in intersections and reduced vehicle maintenance as the vehicles
were not subjected to hard accelerating though intersections and
hard stops. The original system was for ambulance response times
around the Central Fire Station on McKinney. The approximate cost
of the original system which was installed in 1990 was $30,000.
Council Member Chew asked if the intersection of Hickory and
Carroll was on the system.
Clark replied that it was not an original priority and would
probably be funded through the ISTEA first set of funding.
Council Member Chew asked if that intersection would be done before
the close of the Central Fire Station.
Rick Svehla, Deputy City Manager, stated that the Central StatiOn
would be closed when Station six was completed. Which station would
respond to a call would depend on where the fire was located. It
would also depend on which engines were already out.
Council Member Chew asked that that intersection be made a top
priority.
Svehla replied that that intersection would be in the second year
of funding which would be in the 1993-94 funding year. The funds
would be available in October according to the State funding
schedule.
Council Member Miller asked if the police would be equipped with
the system.
City Manager Harrell stated that the expensive piece of equipment
was the controller. There were many more vehicles to equip for the
police department as opposed to the fire/ambulance equipment.
Svehla stated that it might be an option to include the equipment
in future lease/purchase arrangements for police cars. The cost of
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the system was approximately $1500 per unit.
Clark stated that there would have to be a strict policy that the
system would be used only on an emergency basis so as to not cause
traffic problems. Project group 5 was funded in ISTEA which would
cover the central downtown areas and would help with the closing of
the central fire station. Clark reviewed the timetable for the
funding of the projects which was included in the agenda backup.
6. Tabled Items
A. The Council considered of a motion to remove from the
table an ordinance amending Chapter 26 of the Code of Ordinances to
establish a stormwater drainage utility system; adopting Subchapter
C of Chapter 402 of the Local Government Code (Municipal Utility
Drainage); and declaring drainage to be a public utility for the
purpose of holding a work session discussion on Saturday, March 27,
1993.
Hopkins motioned, Brock seconded to suspend the Council's rules of
procedure. On roll vote, Brock "aye" Miller "aye" Hopkins "aye"
Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion
carried with a 5-1 vote.
Hopkins motioned, Miller seconded to remove from the table an
ordinance establishing a stormwater drainage utility system for the
purpose of holding a work session on the item on Saturday, March
27, 1993. On roll vote, Brock "aye", Miller "aye", Hopkins "aye",
Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion
carried with a 4-2 vote.
With no further business, the meeting was adjourned at 8:05 p.m.
TIFER/~ALTERS
SECRETARY
OF DENTON, TEXAS
BOB CASTLEBERRY,
CITY OF DENTON, TEX~S
ACC000F6