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.
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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
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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.
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City of Denton City Council Minutes
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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
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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.
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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.
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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.
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city of Denton city Council Minutes
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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