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Minutes January 9, 1996 CITY OF DENTON CITY COUNCIL MINUTES January 9, 1996 The Council convened into a Closed Meeting on Tuesday, January 9, 1996 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. 139 ABSENT: None The Council considered the following in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Considered a settlement of potential litigation with Worldcom, Inc./Wil Tel. e Considered and discussed defense of and the settlement of RPS Ventures, Inc., et al v. City of Denton and Webber and Barnes v. City of Denton pending in the 362nd District Court under Section 551.071 of the Open Meetings Act. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Discussed the acquisition of property for expansion of the City's landfill and wastewater treatment plant. Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Work Session on Tuesday, January 9, 1996 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None Agenda Item #2 was considered. 2. The Council received a report and discussed the various issues related to the Municipal Court of Record. Tom Josey, Municipal Court Administrator, stated that the City had been a Court of Record since 1994. Council established this as a priority in 1991 as there was a loophole in the Class C Misdemeanor law which allow an individual to have an automatic appeal which reduced the City's enforcement power. In the 1993 Legislative session, local legislation was passed to establish Courts of Record and Denton's court was approved in 1994. The budget figures for %he first yea~ were over what was Drojected. Some operational adjustments were made to allow for smoother court sessions. Those adjustments included an earlier night court which saved approximately $1,800 in clerical overtime; a change in the affidavit session which allowed a police officer to sign an affidavit for another police officer; a change in the parking fine rate from $15 to $10; and a warning on traffic tickets which 140 city of Denton City Council Minutes January 9, 1996 Page 2 indicated that failure to appear in Court would effect renewal of a driver's license. He had completed a survey of area Municipal Courts of Record which showed that Denton was very similar in operations with other Courts of Record. He suggested a change in the night arraignments to an earlier time during the day which would allow for a reduction in the amount of prosecutors from 1.5 to 1 and would allow that individual to perform more duties in the City Attorney's office. Judge Robin Ramsay stated that the prior concerns by Council had been taken care of such as the reduction of parking fines and the changes in the traffic tickets. Improvements had also been made in the issuance of warrants. Council returned to the regular agenda order. 1. The Council received a report, held a discussion and gave staff direction regarding day laborers. Mike Jez, Director of Emergency Services, stated that in September 1995 he had asked officer Cabrales to look at the day laborer situation in the 900 block of South Locust Street. The Department's interest in looking at the situation was one of a police nature. Between January 1993 and September 1995 the Department had responded to 289 incidents at that location. Most of those incidents were minor in nature and included standing in the roadway, soliciting from the roadway, disorderly conduct, public intoxication, etc. At that same time the Department received three new police officers under the Federal grant to serve as area coordinators and a part of the COPS program was to look at police incidents which were repetitive in nature to try to alleviate the problem and reduce the number of calls at a location. Officer Cabrales identified the persons involved in the situation, met and talked with the day laborers and determined if there were any alternatives which might be done to reduce or eliminate the calls to that location. Based on that report, and with a declining call load at the location, it was determined that to do anything at an alternate site would cost a minimum of $32,000, not including annual maintenance costs. It was his recommendation, at this point in time, to not take any action at this point in time. The Police Department would continue to monitor the location and if the call load inoreased in the future, the position could be reassessed. Council Member Young stated that Jez's recommendation was to do nothing and have the situation remain the same. He felt that the numbers were down due to the weather conditions. He asked Jez what he should say to the area businesses which were being effected by the day laborers in the area. Jez replied that those businesses in the area should continue to call in complaints. He felt that the Department had done an educational job in communicating with the day laborers to let them know what kind of activity was legal and illegal in the area and what was acceptable behavior. They also encouraged the individuals City of Denton city Council Minutes January 9, 1996 Page 3 hiring the day laborers to be more responsible in terms of their behavior there. Part of the problem was the traffic congestion when the vehicles stopped in traffic to hire the day laborers. The Department would continue to police the area as needed. Council Member Young felt that there was a need to do something and perhaps create a labor exchange sometime in the future. It was not feasible to provide an alternate location at this point in time and there was no guarantee that the men would use the new site. The businesses in the area were effected by the men standing in the area for day jobs and he did not feel it was appropriate to tell them to just continue to call the Police Department. Jez replied that the Department would continue to work with any kind of private group on alternatives and strategies. The Department would not abandon the problem. Council Member Young stated that the Hispanic Chamber of Commerce had received a petition from the day laborers indicating that they would participate on whatever site the City would acquire. He would like the Department to work with the Hispanic Chamber of Commerce to develop ideas regarding the day laborers. Mayor Pro Tem Biles felt that the expenditure of City funds to develop a site created an additional set of problems such as liability for the structure or activities on the site. If the city established a Labor Exchange by obtaining and developing property, it indicated to the laborers that the City was in the business of running an employment agency. He felt that this was not the proper function of the City. He felt that those who had a vested interested in the laborers needed to take a lead. The Hispanic Chamber of Commerce had a petition signed by the day laborers that they would cooperate in whatever lead the City took. The City did not need to be in the business of operating a Labor Exchange. This was one of those functions where leaders in the community should take charge of the issue. Council Member Cott stated that private industry should take care of itself except for normal policing operations. This was a private initiative. Council Member Brock asked if Officer Cabrales worked this area as part of his regular assignment. Jez replied that officer Cabrales was the East Side Coordinator and was assigned that project due to his bilingual ability. The remaining Work Session i%ems were considered later in the meeting. The Council convened into a Special Called Meeting on Tuesday, January 9, 1996 at 7:00 p.m. in the Council Chambers. 141 142 City of Denton City Council Minutes January 9, 1996 Page 4 PRESENT: Mayor Castleberry; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT:~ Mayor Pro Tem Biles 1. The Council consider adoption of an ordinance calling for a CIP bond election on February 24, 1996. Rick Svehla, Acting City Manager, stated that Council had had several meetings regarding the proposal for the CIP. This ordinance mirrored what the Blue Ribbon Committee had presented to Council. Margaret Smith, Co-Chair of the Blue Ribbon Committee, recommended adoption of the ordinance. The Committee had voted unanimously in favor of the ordinance and was ready to start gathering support in the community. The following ordinance was considered: NO. 96-010 AN ORDINANCE CALLING A BOND ELECTION FOR FEBRUARY 24, 1996; DESIGNATING POLLING PLACES, APPOINTING ELECTION OFFICIALS; SETTING FORTH THE PROPOSITIONS TO BE SUBMITTED IN THE FORM TO BE SUBMITTED ON THE OFFICIAL BALLOT; DETERMINING THE BONDS WILL BE WITHIN ALL LEGAL DEBT LIMITATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Mayor Castleberry "aye". Motion carried unanimously. 2. The Council considered adoption of an ordinance amending the City's flag ordinance. Rick Svehla, Acting City Manager, stated that this ordinance was discussed by Council and changes had been made as indicated by Council. The following ordinance was considered: NO. 96-011 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NUMBER 94-074 TO ALLOW THE CITY OF DENTON FLAG TO BE DISPLAYED WITHOUT WRITTEN APPLICATION TO AND APPROVAL OF THE CITY COUNCIL; ACCEPTING THE REQUIREMENTS OF THE TEXAS FLAG CODE AS THE APPROPRIATE STANDARDS FOR THE DISPLAY AND TREATMENT OF T~E CITY OF DENTON FLAG; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Miller seconded to adopt the ordinance. Mayor Pro Tem Biles joined the meeting. City of Denton City Council Minutes January 9, 1996 Page 5 143 On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Miscellaneous matters from the City Manager. Council returned to the Work Session Items. 3. The Council received a report and held a discussion regarding the status of the UNT "Gopher" project and the City of Denton "Web" page. Gary Collins, Director of Information Services, stated that a year ago the City entered into an agreement with the University of North Texas to place minutes and agendas of the Planning and Zoning Commission, the Public Utilities Board and City Council on the internet system. Both of the individuals the City work with on this project had since changed jobs. During the pilot project, the input of information to the internet system was taking from 30-60 minutes for agendas and longer for minutes. There was also difficulty gaining access to the system as only one modem was available for inquiries and to update items. During the last year some items were not put on the system in a timely manner. In August, the City was approached by Internet Global. The City contracted with them for a six month period to put up a home page on their world-wide web. This program had more graphics rather than straight text. Council Member Brock asked if an unlimited amount of information could be put on the home page for the price of the service. Collins replied that there was a $100 one time charge to establish a page and a $15 monthly charge for storage of the page on the system. Council Member Brock asked what the procedure would be if a department wanted to expand current information on the page. Collins stated that departments would have to individually budget for the cost of the service. He wanted to make sure that the pages were consistent for all information about Denton. Council Member Brock asked about the problems with putting the agendas on the gopher system. Was it possible to have the agendas placed automatically on the system as they were typed. Collins stated that the agendas had to be taken out of the Word Perfect system and converted to a special file and then loaded to the gopher system. At times there were problems getting on the system due to limited access. Council Member Brock felt it would be helpful to the citizens to find agendas and minutes of the City's Boards and Commissions as well as the City Council on the internet or web. 144 City of Denton City Council Minutes January 9, 1996 Page 6 Mayor Castleberry asked what kind of direction staff needed. Collins stated that the current contract with Internet Global went through February. If Council felt that the program should be continued, his department would continue to fund the cost on a six month basis. His main concern was to coordinate all information concerning Denton. Acting city Manager Svehla stated that staff would look at all the issues and return to Council with costs for agendas, etc. 4. Council held a discussion regarding City Council conferences and seminars and gave staff direction. Mayor Castleberry stated that he had asked that this item be placed on the agenda. He had expressed concern to other Council Members about the cost of conferences, etc. He asked Council if there was any interest in proposing an ordinance whereby the conferences that Council Members and staff normally attended such as the National League of cities, Texas Municipal League plus the TML district meetings, would be open to Council Members. Council Member Young motioned to prepare an ordinance on this issue. Mayor Castleberry stated that he would like to include in the ordinance that any additional seminars would be approVed by the City Council. Motion died for lack of a second. Mayor Castleberry stated that the purpose of his proposal was to allow for the Council to approve trips outside the normal seminars which would help control costs. 5. The Council received a report, held a discussion and gave staff direction regarding the Vision Project. Joseph Portugal, Assistant to the City Manager, stated that information had been provided to Council pertaining to the vision Project. The Strategy Boards, which were sent to Council, reDresented what the vision Project Cabinet approved at their December 12th meeting. Each of the seven sponsors represented on the Cabinet were asked to present this information to their respective organizations for endorsement. Council would be asked to approve the projects with an upcoming resolution. Those projects which involved the City with associated staff time and costs had been identified. Council Member Cott felt that the project was wonderful. He felt that it might be possible to stretch the financing on any given project so that the overall project interest cost would be much less. He recommended, where possible, to work out of cash generated by the project and try to finance the pieces that way. city of Denton City Council Minutes January 9, 1996 Page 7 Portugal stated that he did not know if the Vision Project would generate any revenue. By the CIP action, the CIP would have certain allocations for infrastructure, economic development, etc. and those dollars were a project of the CIP. If there were opportunities to shift dollars on given projects, so long as it was in line with what the voters were told, it would not be a problem. 145 Acting City Manager Svehla stated that there were projects, particularly in the CIP, where there were matching dollars and the CIP Committee would promote those projects using that mechanism. Miller motioned, Young seconded to prepare a resolution indicating Council support and endorsement of the project On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. The CounCil received a report, held a discussion, and gave staff direction concerning a tentative time schedule for the City Manager selection. Tom Klinck, Director of Human Resources, stated that a tentative time schedule had been developed for the recruitment of a new City Manager. The interviews with City Council and other key. staff members had been completed and the consulting firm was in the process of gathering data to use to sell Denton to prospective candidates. On January 9th a marketing letter and draft brochure was created for Council consideration. The job would close on February 16th which would provide for a 30 day time period to respond. The list of semi-finalist candidates would be presented to Council on February 27th and would then be narrowed to 15-20 individuals. Council would select the finalists on March 19th and finalize a final interview process and schedule. On March 20th a letter inviting an interview would be mailed with a comprehensive packet of information. The final interview process would be held from March 27-29. There were two options to consider for final candidate interviews. One option was to have an all day session with the final candidates meeting with a full Council panel interview. That evening the Council would hold deliberations to select the top 1-2 individuals. The second option would have morning individual candidate interviews with each Council Member and a panel interview with the entire Council in the afternoon. Staff was requesting direction on the schedule dates and time lines and feedback on the draft brochure. Council Member Krueger stated that he preferred the interview process as a group as opposed to individual interviews. Council Member Young expressed a concern about the dates being so close to the Council election and wanted to make sure the process was completed before the Mayor's term ended. Council Member Miller stated that he preferred the option with a one-on-one interview with the candidates. 146 city of Denton city Council Minutes January 9, 1996 Page 8 Mayor Pro Tem Biles stated that he preferred the one-on-one option with the candidates plus the panel interview. Mayor Castleberry asked Council if it would like to follow the proposed schedule with a change in the March 28th dinner with Council. Young motioned, Brock seconded to follow the schedule as presented by staff, noting the one change on March 28th. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. There was no official action taken on Closed Meeting Items. With no further business, the meeting was adjourned at 8:00 p.m. CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAY~R CITY OF DENTON, TEXA~ ~ ACC002E1