Jun 03, 2019 City Council on 2019-06-03 11:30 AM
June 03, 2019 City Council
Full Transcript
good late morning it is June 3rd 2019 and it is 1132 we're getting started
with today's lunch meeting and so we will start with make sure we do have a
quorum Paul is not going to be here today and mayor Watts is not going to
be here today and so are there any adjustments for our column first item
anything's changed okay very good so we will start with work session item a ID
19 - 1068 receive a report hold discussion and give staff direction
regarding the city of Denton's cultural district program formation of cities
first cultural district and the city's application to Texas Commission on the
arts and cultural districts program good morning mayor Pro Tem and council
members I am actually going to start off by doing something a little different we
actually have a video to introduce the item today so I'm going to try and not
break DTV so give me one sec
I want to buy that motel on 380 the holiday lodge across the street from
Mazatman I want to add a pool and make it real pretty
the Denton music scene is like no other it's been way cool for decades now why
is it you can't walk down the street without stumbling over somebody playing
an instrument it's no wonder Denton is a certified music-friendly community but
as of late the hip vibe in Denton is more than that there are thriving venues
anchored by the historic square innovating creative diverse and
authentic and that sets the original Denton district apart from any other
place in Texas a lot of times you heard oh Denton is the new little Austin I was
never so grateful when we got away from that because Denton is Denton and and
there is no comparison Denton's cultural district is centered downtown where our
community first began the area encompasses the creative people unique
places and authentic cultural resources that make Denton Denton unusual and
eccentric in the best way it truly is a place all its own our district is formed
around an existing concentration of cultural assets clustered in a walkable
area that we want to promote to both visitors and residents I also experienced
that a bit vicariously when someone from out of town comes here and plays a show
you know goes out to eat has a coffee has a drink and experiences kind of this
especially this downtown area that we have and they're blown away I don't know
how aware people are of how the arts it's fueling our economy when you have
in an integral in any community where artists featured you're improving the
quality of life for its residents they have a place to go that children are
exposed to art they can see their own possibilities the arts here make all the
difference in the world we have to recognize the value of the creative
economy as an integral part of Denton's overall business community that
creativity was on display with two unique art pieces we simply asked people
to show us what they loved about Denton this artist showed us what we already
knew to be true we may be a little odd but we wouldn't have it any other way
and so it's called band on the run and it's supposed to be kind of this story
of these two people that are just kind of on the run from somebody and you
don't really know they still have their instruments on their back I feel like
I'm most often encouraged by fellow artists but inspired by people that
probably wouldn't consider themselves artists and so I think that's what's
cool again about Denton is the interaction you know that's possible
between art maybe art appreciators and art creators DBFF didn't like film
festival we do two things we share black culture and we build community I think
is really a perfect fit for the city of Denton because what we try to do is
really define what black culture really is you know what's important about
Denton having a cultural district is because it represents the years of hard
work with the City Council with the community as a whole to really create a
destination for the arts a place where people can apply their craft it really
has created the fabric of this community and really given its soul that makes
Denton stand out we've seen the wall and it's a 91 feet long wall by 17 feet high
and that's not an opportunity you want to pass up as a visual artist we kind of
did some Denton history research and thought let's just make it as weird as
possible and this seemed to work Denton really encourages people to let
their freak flag fly and it has always but the level of just sheer musicians
in this town is something that should just absolutely be worshipped that
people have access to honestly some of the best musicians they will ever hear
just by walking down the street on a nightly basis this isn't normal this is
not normal and that needs to be encouraged and nourished and protected
I joked at public art that after that I was like you don't need me to do the
rest of the presentation right so so that video was actually produced by one
of the greatest teams we have in house which is our DTV crew so we were really
thankful that they were available to help us out as we prepared for our
application but I also want to take a quick second to think economic
development public affairs facilities parks and rec finance just about every
department in the city played a role in the information that I'm going to be
presenting today so while I'm here as the director of economic development it
was really a team effort and I want to make sure that they're all acknowledged
and they know that their work is very much appreciated and so to get started
today I'm going to provide an overview of cultural districts very briefly and
then move quickly into the original Denton district and then the majority of
my presentation will be an overview of the application that we're making to the
Texas Commission on the Arts so this is just a recap of information that you've
seen before what our cultural districts they are defined geographic areas we in
which we celebrate arts culture entertainment and history and they are
formed around existing concentrations of cultural assets and what those assets
are can be anything from historic sites cultural heritage sites it could be
performance venues it could be music music or musicians art performance art
visual art graphic art you name it it's all included as those things that make
us who we are and so we have a very extensive list of assets we'll be going
over later another addition is that cultural districts can exist as a
locally designated designated district and so one of the items that will be in
front of you tomorrow is to actually go through with a local designation of a
cultural district so the original Denton district is the the locally the name for
the local designated district and the reason that we wanted to kind of talk
about the name is everyone wanted to know where the name came from so there
were actually advisory committee meetings that were held back in 2018 and
they were asked to what words to make a list of what words describe Denton and
the word that came up the most was original but people were using it
different ways they talked about it in both original Denton meaning the older
part of our community but they also used it to mean eccentric different odd and
so when we came up with the name original Denton district it was really a
you know fate that it's spelled odd and then we tried to play that up in all of
our materials you'll see that throughout the application it does include downtown
Denton so our core areas but it also includes southeast Denton council you saw
the boundaries back in February and so we made that extension to include
Fredmore Park and Oakwood Cemetery and that's the map that you'll see in your
backup so the streets aren't labeled but it goes all the way to this this side
over here Bradshaw Street and this is Wilson Street down here so it does
include Fredmore Park and Oakwood Cemetery and that's pretty much the
background on the local designation but I'm happy to answer questions specific
to the district the rest of the presentation is going to be on the
application portion so any questions on the this portion okay thank you sure all
right so about a little over a year ago I guess now February of 2018 council gave
direction to staff to pursue a state designation and that designation is made
through the Texas Commission on the Arts through their program cultural districts
are seen as primarily an economic engine generation of cultural tourism and a
marketing tool for communities if you are selected and designated by the state
you do become eligible for grant funding grant funds are typically used for high
quality art programming cultural district enhancements that includes
capital enhancements improved signage and wayfinding marketing and promotion of
the district and support for the management and operations of the
district there is grant funding eligible as part of the state's recently approved
budget I went ahead and checked and made sure it was in there there is funding
that's eligible so if the city does achieve this designation we can make
application to the state for grant funding and the really administrative
requirements are that we have to submit a report to TCA every year and we have
to be recertified every 10 years quick question councilmember breaks and then
councilmember so on cultural district enhancements does that mean since we're
focusing on a walkable area that lighting or infrastructure can be covered
or is that something different the specific guidelines for the grant
program aren't available yet for the next cycle but in the past it has
included things like signage and lightings and sidewalks so I don't know
if that'll be included in the next year's grant cycle but it has been in
the past thank you okay two-part question one so if we get the the TCA
state designation what kind of oversight in terms of auditing etc is there and
how we assuming we apply for grants and get them in terms of how we spend those
grants auditing etc you know and then the second part is if you could explain
unless you had that plan for coming up soon how hot funds works in terms of
auditing related to the state grants that would be part of whatever the
application is so since the next cycle hasn't been that those haven't been
released yet so whatever those requirements are if we were gonna make
application to the state we would come back and say these are the things that
we're gonna have to do to be compliant with the state guidelines so it's a
little hard to answer that question they're usually fairly typical it's
gonna be very similar to how we oversee our hot funds which we'll probably have
to say we're going to spend money on these things and then probably submit
back up to say yes and here's an accounting of how we spent those
dollars if there's any type of match requirement or things like that that's
to be determined in the next cycle this cultural districts are eligible for hot
funding so the public art committee as the oversight agency would have make
application to the hot funds committee to have funding designated for the
operation and management of the cultural district so they are eligible to use
that but they are subject to the same requirements as any other applicant yes
and follow-up question and do you happen to know so say that public arts
committee applies for for hot funds for that it does does that hot funds from
the applied for from the public art committee for the cultural district is
that come out of that designated percentage for the arts or does that
depend on the kinds of projects that they're gonna look at but I think it's
dependent upon the type of project that's being submitted for okay good yes
so just because it comes out of the public arts committee right it doesn't
mean that it's gonna that it's necessarily gonna take away from that
arts percentage it could just count for toward arts history culture yes and the
name of the committee the public art committee is now a little bit of a
misnomer because they will have if approved if the ordinance is approved
they will have cultural districts as their as a responsibility and so they
may be bringing forward projects that are not necessarily public art as
defined by the public art policy they might be bringing forward cultural art
district program so those would be separate from the traditional public art
projects thanks okay thank you counselor Davis so apologies that this is later on
in the presentation or tomorrow's presentation but what has the committee
already been talking about as far as grant applications like what is the
thing that they want to the very first chance we get to apply for a grant that
they want to go after they have not made any recommendations at this point for a
preliminary grant application is there any kind of talk chatter I mean when
we're when we're looking at this funding source and making it available for this
cultural district what are we most excited about getting done in the
district with the new funds that are available sure included in the
application is the cultural district plan and I'll go over that a little bit
later but I'll give you a preview now there's five strategic goals that are
associated with that plan and some of those have specific work items some that
are related to creating better you know sort of the guidance for the district
itself what is administration and management and operation of the
district look like some of its marketing some of it is maybe considering art
related projects and some of it is some of the more entertainment related
projects looking at a possible performance venue was one thing that has
kind of come up through our community engagement pieces is is there a public
performance space that might be available for grant funding so those were
the type of things that continued to come up and all of those are addressed
specifically in the work plan what we told the public art committee during the
presentation was once we have approval our goal would be to consider October
1 the start of the fiscal year the first operating year of the district itself so
throughout the summer our goal would be to come back with them with a plan of
what do you want us to execute on in that first year so part of that would be
what projects would you like us to move forward and start doing that preliminary
assessment for possible grant funding now I'll go over the cultural district
plan a little bit yes thank you go ahead all right so the application itself is
pretty lengthy I believe it's about 95 pages in your backup so I'm sure
everyone's read all of that I apologize it is very significant but we were
submitted a required letter of intent in January of 2019 an application is due
June 15th so with affirmative approval from the City Council tomorrow we'll
move forward with the final finalizing all of the documents related to the
application and then get it to TCA I will say we submitted our application for
preliminary review last week and we got excellent feedback so we're in the
process of making some adjustments to the short form application that you'll
see it's kind of the narrative based the first part of the application but our
marketing plan and our cultural district plan they told us those would become the
new standard which they would send to people as they were making applications
so we took that as a very positive sign that we have some good work behind our
application so as I mentioned the cultural district application is pretty
significant there were eight required sections and then an additional 10
attachments that we had to include I'm not going to go over all of these I
promise and I'm gonna go over them pretty quickly but it is all in your
backup so if you have questions please feel free to shoot them over either today
or tomorrow so going through section C this was where we had to do our asset
inventory so we had to count organizations we had to count festivals
we had to count restaurants bars clubs entertainment menus that sort of thing
and some kind of significant digits that kind of stood out is one that we think a
very conservative estimate is that we have more than a million visitors come
to the district every year and that's only about 2,700 people per day and I
think that if we counted every trip to the disk district per day we'd probably
get it a get a higher number than that but as well about already two point two
million dollars in marketing dollars are already spent marketing events or venues
in the district so we thought those were pretty significant and section D was a
narrative profile of the application and I really wanted this photo we thought
said more than our narrative ever could we sent a photographer out for about an
hour and said try and capture the district and this isn't a musician
walking down Hickory Street with a guitar on his back and this was just a
regular Wednesday afternoon so if this this is sort of what Denton is and it
was pretty easy to capture and but what we tried to convey in the narrative
portion was that this is an area it's both a place that people come and enjoy
music and art but it's also a place where we live and we work and we wanted
to make sure that that was conveyed in our application and section E was our
assets and amenities section this is where we conducted a comprehensive
asset inventory so we actually documented stories people places pieces
of arts performance venues music venues bars restaurants you name it and we came
up with a pretty significant listing it's multi-page and to the point that we
couldn't include everything that we had in our application so we actually
attached our asset inventory to our website so if you go which again a website
was a required attachment part of the application but if you go to original
Denton district comm and click on visit the district then you can actually see
the asset inventories that we have and so if we missed anything certainly let
us know but they're pretty pretty significant this is the asset inventory
as it appears online you can click on each of those sections and then we did a
graphic representation of the assets in a map trying to show the
concentration of assets and how dispersed they are throughout the
district so each of those little markers are not an individual asset if we did
that we'd have layers upon layers of them stacked in some areas so some of
those are just designating a general area where an asset is yeah can you
explain how you define how asset was defined for we took as comprehensive of
a meaning as we could so it was everything from historic markers in the
district so those are designated parks are considered assets cemeteries art
installations whether it's publicly or privately funded bars restaurants clubs
they even considered stories as historic assets in terms of the application so
one of the things that we tried to convey was significant figures so in our
asset inventory we included a story of Fred Moore and how friend more park is
included in this and friend more high school is included and so we tried to
convey everything we possibly could that contributes to the culture and experience
of a visitor a resident in the district so it's a very broad definition yes yeah
follow up to that so and I love I love the original Denton district and so I'm
not I'm not arguing with this map but I do and I I don't know if there's any if
there's gonna be any weight to this mapping of the assets or if that's just
kind of something no that wasn't a part were required part of the application we
added that okay okay yeah because so just then kind of as a side note you know
I while I agree that there's a great density of assets in around the square I
bet you know if you're counting all the different the things you mentioned the
different stories the history art I bet we'd see a lot more dots all over the
place including of people's homes where people live who are who are artists and
maybe we should better call this kind of tangible assets there are intangible
assets that occur so this certainly doesn't capture a parade route or a
story or something like that so those that we considered as part of the assets
as well this was more of the tangible physical assets that we have okay one
quick question yes point of a clarification so Fred Moore High
School's off of a rowing right so that's no we included the story like of that
naming of Fred Moore High School and Fred Moore Day School and all that in
the in the package in the asset package okay thank you and section F was the
cultural district planning section and the actual application part you kind of
just do some summaries of the planning process but in that we had to come up
with our vision and mission statement for the district and so these started as
drafts when the advisory committee was meeting in 2018 and then as we held
different sessions and I'll talk about the community engagement section and
just a few slides we integrated the comments that we were getting at each
section into the vision and mission statement so one of the things that we
were hurt hearing was concerns about this creating gentrification so we
changed the statement here to include affordable housing and so as we were
hearing things we were trying to make sure we were adjusting what the vision
and mission statement would say to convey the community feedback that we
were getting so the planning section again we kind of have to communicate to
TCA the extensiveness of the work that we were being that was being done so the
work started in earnest in February of 2018 and continues to this day and this
is a very abbreviated timeline of everything that we did we have a more
significant timeline in the cultural district plan itself and part of that
timeline that's kind of not sorry the abbreviated timeline was all of the
community engagement that we did and we held four major engagements throughout
the spring we held a feedback and ideation session at the Patterson
Appleton Art Center we did our two community art piece engagements at the
community market and the Arts and Jazz Festival and if you haven't seen the art
pieces they're out in the hallway definitely making the hallway a little
bit more narrow they're pretty large but go take a look at them and see
everything that everyone wrote they're really impressive in person when you
kind of see it they're as tall as I am and a couple feet wide and then we again
held a community conversation at the Martin Luther King Junior Rec Center a
few weeks ago and got some feedback on on the application itself we also did
digital engagement these were some required parts of the application as
well so we had to create a website because saying as well as some social
media channels and where we've been sharing some events and different things
that are going on to date we've had about 13,000 impressions on social media
which is pretty significant it's only been a little less than two months and
then we've had 569 website views which again is pretty good we've been driving
traffic to the website to to help people understand what we're doing so we thought
that was pretty good given we were just getting started and here's just a quick
summary of some of the community comments and these are all incorporated
in to the cultural district plan itself was that there was a need to support
local artists including providing access to business resources the requirement or
the ask of the community was that history is preserved that there be more
centralized planning related to the arts and so bringing a lot of diverse
organizations together maintaining walkability and really what we heard
more than anything is let's just be Denton we don't really have to change
who we are we're already pretty special so let's convey that and the marketing
plan was another required section of the district and this is again it's a 15 page
section in the application itself so this is the very abbreviated version we
focus the marketing plan around five key themes that you see on the I guess it's
your left here and what our keys to success were we're really about thinking
back to that already two point two million dollars that are being spent in
the district that we don't have to do a lot separately from that it's about
leveraging those existing partnerships and maybe providing key resources to our
marketing partners like the CBB and making sure that those dollars are
effectively being used to market the district the required attachments were
the most significant section of the application so you got to see our audio
visual sample to start off the task there was simply convey your district in
video and I think that the DTV crew did a pretty good job of that and as well as
some of the items the more standard items the map of the district the
resolution from City Council which you'll be considering tomorrow as I
mentioned we'll go over in more detail the cultural district plan but we had to
do the five-year cultural district marketing plan as well as a list of
pertinent web links again that's ours is about five pages long trying to put
together everything that you could a visitor could access in the district and
then letters of support we received letters of report support from Denton
County the Chamber of Commerce the Convention and Visitors Bureau and some
artists around the community so the cultural district plan itself this is
the item that back in February Caroline had brought to you about hiring a
consultant so we hired Suzanne Smith of social impact architects and Suzanne
completed a needs assessment and then worked with me on the asset inventory
she also completed an evaluation and analysis of data and surveys that were
gathered through a variety of different projects so we focused on information
that was gathered through the City Hall West committee the advice 2018 advisory
committee the feedback sessions the community art projects and the community
conversations she also reviewed any of the city's plans so the downtown master
plan that didn't 2030 plan the historic preservation plan the district overlays
the downtown district overlay standards that have been going forward to council
so all of those items were then coordinated and consolidated into the
cultural district plan and after that we completed a SWOT analysis and then
developed the strategic plan and timeline for implementation so that is
pretty much the majority of my presentation just kind of to finish it
up the next steps are what we need council to do so there are three items
for consideration tomorrow there's an ordinance that amends the public art
committees duties that adds cultural district oversight to their duties
there's a resolution that designates the original Denton district as an local
cultural district and then there's a resolution that supports the district's
application to the state upon approval of those items then we will be able to
slip them into the attached to the application and submit our application
to the state before the June 15th deadline and then next steps for the
district itself like I mentioned it's really taking that cultural district
plan and that implementation and working with the public art committee over the
summer to come up with what will the work plan be for year one and so we
would be looking at how are we going to implement the year one marketing plan
items how are we going to implement the work plan items in year one of the
cultural district plan and then defining kind of the as council member Davis said
the priorities and opportunities may be related to grant funding or hot fund
funding moving forward and that's it okay great thank you and so it does call
for direction but can you help me frame what direction we need to give you today
in preparation for tomorrow you could give feedback on any of the items
related to the application itself certainly wanted to give council the
opportunity if you had any additions or changes to the application to the
cultural district plan or the marketing plan or if you had any changes specific
to the application the items for consideration tomorrow are pretty
straightforward there the ordinance itself just adds a simple kind of
bullet point to the public art committee ordinance and says you guys are going to
be the advisory body for cultural districts so if council certainly wanted
to change what advisory body that was you could do that as well as the
resolutions designating it locally and then support of the application are
pretty straightforward great so any feedback application wise or about
advisory body wise so we'll go councilman Briggs and then council member
Arbic I'm good with all the recommendations that are coming
forward tomorrow I just wanted to say thank you I know this is a lot of work
and thank everybody else for working on it but specifically you I know that in
the beginning when it first rolled out there were a lot of questions people were
unsure they you know they were a little hesitant but you stepped up and you were
right there answering all the questions and I want to thank you for that because
it it showed them that you were listening and so that's really
appreciative here and I just I'm excited for this I think it gives us a chance to
start focusing on on the things that are important to what to make Denton you
know Denton the great people and artists and musicians here and so I I think it's
going to be really great and one comment I really like the the I guess the art
piece that everybody was writing on someone had asked me recently why can't
we have like a giant graffiti wall somewhere so that kids can and I saw
this I thought well this is perfect so just if I see parks is in the room here
just as I am as a future fun item I think I'll talk to Gary about it yeah
that's really cool thank you so I have a number of just kind of comments first
feedback and then just a couple questions so comments just my my thoughts
I love the emphasis on walkability and I would love to see you know some of the
funding put towards that that walkability to make it even more walkable
because there are parts of you know as you know that are more more walk more
walkable than others and so it's a great opportunity for us to to do that
including connecting I think especially way where you know around Carol and Bell
you know connecting the the the fringe parts of the the ends of the district on
both sides that was one thing number two you know I would love to see some
consideration about some sort of a city campaign more of a kind of education
campaign than it ordinance but about how important it is to pay and tip our
musicians and and to to pay local artists I think that would be awesome
and really much appreciated by our local musicians and artists again I'm saying
just some sort of you know pay your local even t-shirts I don't know pay
musicians don't forget you know musicians need to live to you know some
form of artist housing would be great I don't know you know to answer that now
but you know to what extent that you know we could get funding for that
through this program kids after school program I loved in the video there was
the the you know picture of kids drawing and Georgina Ngozi from from GDAC was
talking about kids in the arts and so after school kids arts programming and
also summer kids arts program would be I think a great use of funding you know
also is Emily Fowler library included in that yeah that's what I thought so
another as a venue is sourced and assets that's included there and then I you
know just mentioned that you know when I think of kind of the walkability of this
area this whole district I think of two events the MLK March and the Juneteenth
March which really goes it walks this whole area so those two events are
events that really illustrate this and and are about history and and I think you
know especially Juneteenth with all the music and the attract and the
attractions that could be something that could really you know count for hot
funds and so anyway those are my comments and then just a couple questions just
one will they the application be be public okay our plan is once the
application is final we're gonna upload the full application to the to the
district's website so that everyone can see it great great and will there be so
you mentioned when it's when it's final when um will there be kind of a period
for public feedback on the application before it gets submitted or we're on a
pretty tight schedule we could certainly post it as it stands today and have a
week and then make the application send it submit it next week that's certainly
doable it's what I would consider a complete draft every component of the
application is fulfilled with the exception of the council resolution so
we certainly could post it and and and do a little digital engagement and say
give us your feedback if you have it the only concern from that would be if we
got feedback would council be comfortable with us with staff incorporating that
feedback and not bringing that back to count that and that's a good point well
I mean I would love just to have it public as soon as it it could be made
public definitely you know I think I would like to see if there's some
feedback that's you know real cause for concern that I know I for one would like
to see something come back to you council but then that changes the
timeline so I'm not quite sure how to answer that question other than to say
that's a very good question but at the very least like to see it be public and
and then finally just that I'm just question about the marketing it would it
be a combination of city marketing and CVB marketing and kind of has that been
worked out it's not very specific the plan itself we tried to focus on broad
strategies and so like I said a lot of the marketing plan is how do we develop
or better develop partnerships to market the district itself so whether that's
through the CVB whether that's through GDAC or through the fest of festivals
how do we work on there's a lot already going on we don't need to try and invade
that space we need to work with them in the elements that already exist and
leverage those partnerships to promote the district even further okay and that's
that's great I like I like the way you answer that question also by raising the
question yeah and by raising those questions and can you remind me what what
is this city at least for for for this current fiscal year the city marketing
budget outside of CVB I think it's done department through economic development
the city the marketing budget for economic development oh goodness I don't
know off the top of my head okay but it's it's smallish right it's pretty
small yeah I remember at one point hearing I want to name a figure but I
hesitate in our yes it's an engagement I remember being so much shocked by how
small it is compared to the CVB funding so that's anyway so yeah thank you that
was it okay great yeah customer Davis so I'm on the topic of budget
and knowing that the budget that's gonna be included with the application is kind
of perspective and we haven't done the budgeting process for next fiscal year
and can you and it's not an enormous sum of money it's not but can you kind of
walk me through specifically salaries and benefits and it's page 10 of the
application and what it is we're looking at the budget requests coming up sure so
this budget itself the district's budget is a little bit misleading and we had
to complete it in terms of the way that the state wanted to see it so salaries
and benefits are not any type of additional expense it's simply a
percentage of existing staff salary and benefits that plan to work on this as
part of their normal work duties so it's a percentage of my salary and benefits
and of a staff member in economic development so those are already going
to be included in our regular general fund obligations and the local
government support and is the hot funds dollars and you'll see those are pretty
minimal those are as we noted on the next page subject to approval by the
hot fund committee so that they are placeholders and our goal would be to
work with the Public Art Committee to decide what do they want to make
application for and how do we best use those dollars and then the third line of
that you see on the state government support that was based on a
recommendation that we actually received from the from the Commission on the
Arts in our preliminary review they said the evaluating committee likes to see
forward-thinking districts that intend to apply for grant funding and so they
said it would be best to just go ahead and put a placeholder number in there
and so then on the next page in the narrative section we say you know we put
in $25,000 that's the minimum amount we were told we could apply for but
certainly that will change based on the projects that we decide to submit for a
grant in the second year you have artistic salaries what what's envisioned
there again not a huge sum of money but what's the intention so the again this
was based on feedback we received from the Arts Commission so we split that
$25,000 onto two expenditure line items one would being artistic salaries and
benefits with the thought of that could be some type of art piece that's subject
to review by the Public Art Committee and City Council again we note that in
the narrative that those are placeholders and then the other $12,500
in program and event costs which could be anything from support of an existing
event creation of a new event again simply a placeholder and we tried to
make that clear in the narrative section of you know we're we're in year zero as
we've been calling it and that in year one we would make adjustments as needed
so kind of in the vein of providing direction there's a lot of work that's
already gone into this and again I want to echo what the other council members
said and thank you for your efforts and the community efforts in going to that
went into putting this together and we are months and maybe years away from a
grant application actually putting in an application for funding from the state
and but I think one of the things that's really important to note from your
presentation in the community engagement is what we're kind of doing is defining
something that already exists and has developed organically over time as part
of the Denton culture and so I think it would be really important when we're
making our grant applications to do things that are like the wayfinding like
the signs like the walkability improvements things that are less on the
operation side because we could get it we get ahead of ourselves we get in our
own way if we start kind of over programming the district and one of the
items of feedback that you really highlighted was let Denton be Denton you
know just let's just be ourselves we could really overdo the programming and
the marketing and all that kind of thing so things that help us define who we are
and where we're at and how to find something as opposed to something that
tries to I don't know get get kind of outside that box so okay and good good
tangible assets yeah we can if it's not already addressed in that capacity we
can take a look at it and see if we can make a change to do that I don't yeah I
don't mean to say that there's anything in your current application needs to
change just going forward as we're looking at grant applications things
they're gonna have good return over time you know like the walkability assets
like the signage and those kind of things as opposed to you know a lot of
staff burden you know as opposed to all of a sudden we need an economic an
executive director of the district to program the thing for years and years
when we already have all these things happening within the district that were
we're already building on and that's very much our intention is to not have
an increase in staff related to the district so yes well we'll definitely
address that copy thank you great comes from right thank you ma'am I'm happy
with the way that it is right now I like for us to move forward on that kind of a
follow-up on councilmember armator on the input from the public can be used on
that that third bullet point up on the screen right now to further define those
are those comments can go to the Public Arts Committee in help to define those
as opposed to trying to adjust anything that we're gonna send now I think what
we've got is good and to proceed okay thank you got it so just to recap I
think the questions that jumped out at me for today were post post application
and so I asked the council do you want to wait finalize the application then
posted or posted in its raw draft format and get feedback at that point so I did
not get a clear feel for where we were on that item so go ahead speak you know
since you mentioned that it's pretty polished as a draft now I would I think
it'd be nice to have it up there now in that way people at least know that you
know they've had a chance to see it and and comment okay councilman run run yeah
I would agree that after tomorrow once we have actually passed the resolution
and it is a complete application that we could go ahead and put it up on the
website at that point okay I agree with that and plus we've got the we've got
the draft already in our background materials that are already publicly
posted and then once we've passed it it's no longer a draft it's our
application so okay very good so yeah we can work to have it posted tomorrow
following the council meeting and then if we do get any feedback we'll
certainly then take it back through the Public Art Committee great okay well
thank you very much great presentation thanks very good thank you that'll
conclude item a and that will take us to item B ID 19 1197 receive report hold
discussion and give staff direction regarding establishing a living wage
requirement and before you get started let me let me let me set ground rules if
I could because I think this one could could will spur a lot of conversation so
so I think it would be best especially in this item if we allow staff to
finish the presentation or at least pull best we can and if there's a good
stopping point or if you if you can kind of give us direction we'll follow your
lead on when it's kind of a good time to ask questions about a particular segment
you've completed that way will allow you to complete your thoughts and I'm
sensitive to that just because of the numbers and there's just kind of
different trails we could go off on so I want to make sure we have succinct
conversations thank you so my name is Cassie Ogden I'm the director of
procurement here to talk to you about living wage for city contractors this is
just a brief summary of what we're going to be highlighting in our
presentation and then to give you a little background of why I'm here we
received a council request back in September to provide research on what
other cities are doing for requiring city contractors to pay their employees
a living wage we provided an informal staff report in November and then in
your work session on March 4th it was identified as a top priority for you so
under Texas labor code cities are allowed to impose a minimum wage
requirements for not only employees but also city contractors that are hired by
the city specifically and cities are prohibited from setting living wage
policy for private businesses and then the current minimum wage is $7.25 an hour
and that was effective July 24th 2009 so to give you a comparison of what other
cities in Texas are doing we we we specifically limited it to cities in
Texas to be more comparable Dallas and Austin both have living wage policies
that require that are specific for city contractors so it's it's really geared
toward procurement contracts and then Austin and San Marcos both have chapter
380 requirements in for living wages in their economic development incentive
packages you'll see didn't listed on here we do not have obviously a living
wage policy however I did want to point out that our employee pay plan starts at
ten dollars and sixty cents per hour but I had a question this morning about what
our current lowest paid employee benefited employees and it's fourteen
dollars and ten cents an hour so as of today and then we do include a contract
requirement that vendors are required to pay obviously the minimum wage 7.25 an
hour in our contracts so it's interesting to note and I will go for go
into more detail in a minute but Dallas and Austin their procurement contracts
are really limited to general services which means they're kind of
non-professional not construction contracts they are things that have been
competitively procured and we'll talk about that in the minute and then the
current rate is listed in the last column so Austin they enacted a living
wage back in 2008 but their resolution was adopted in 2014 and their contracts
for emergencies construction goods and non-professional services from a
supplier so that would be a good with transportation component so if we're
buying if they're buying bricks and they're having them delivered on site to
something in the city those are all exempt from their living wage
requirements however they do include revenue generating contracts in their
requirements so for instance for the city of Denton that would be like a
vending machine services contract for us that would be a revenue generating
contract but it's competitively procured it goes through an RFP process
Dallas they and their living wage policy applies to very similar to Austin
competitively procured general services exceeding $50,000 because that's the
state limit for when we have to competitively procure contracts it's at
that $50,000 threshold so that's when we go out and do an RFP or a
bid and then we bring those items to counsel for approval and for Dallas
their vendors are required to to provide the actual hours worked in each calendar
year for their contracts and then they actually took it a step further and
established an evaluation criteria and their RFPs to include a living way to
include considerations for how they are going to meet the living wage policy
requirements and then I did want to point out that both Dallas and Austin
use breach of contract provisions to enforce compliance with the policy and
then Dallas specifically uses suspension or debarment of vendors on future bids
for complying with the policy and both both cities the complaints in the
process is handled through the purchasing office Austin has no appeal
process and Dallas does so potential impacts obviously providing workers
with the opportunity to meet their basic needs is important it could increase
economic growth lower employee turnover for those services however on the flip
side it may limit competition due to increased labor costs and then that
cost could be increased and passed on to citizens increased record-keeping
because both of these require the policy would be managed through a purchasing
office if it's related to procurement contracts and then there's no guarantee
that the people who are receiving the benefits of increased pay are Denton
residents so for fiscal impact unfortunately it's very difficult to
estimate what an increase would how much that would cost the city if council
were to decide to enact a living wage requirement because right now we do not
ask our vendors to supply employee record payroll records how much they pay
their employees but like I mentioned earlier we do have a requirement in all
of our contracts that they must pay at least the minimum wage however when
trying to come up with what it could look like I did find I did research some
what Dallas did for their living wage policy so they originally estimated in
2014 and 15 when they were their council was looking at adopting this requirement
that they estimated a 43% increase in their service contracts alone which they
usually spend about a hundred million dollars annually on these services so
they identified in 2015 19 contracts that were up for renewals through that
year of those 19 they really only renewed six during that first year after
they adopted the living wage increase or excuse me living wage policy and that
that those contracts are listed on the bottom of the slide and then the total
they spent just on those six contracts were seven 71 million and they rolled
the other 13 contract renewals to the next year and so this information was of
as of February 2017 when they went back to their budget finance and audit
committee to roll out the first year of living wage there's also no indication
that this was just living wage increases obviously when you go out for a bid and
you know prices increase just in general cost of living things like that so it's
not solely attributed to living wage so to compare what Dallas did to Denton
because obviously Dallas is a lot larger and spends a lot more money on their
contracts annually I tried to compare what Denton spends annually or contracts
with annually on general services that have been competitively procured so it
does not include emergency services sole source things like that construction is
not included in my numbers here and I do want to note I did find a duplicate in
my 2019 numbers so that's slightly lower but it's it's still roughly the same so
on average we're about 28 contracts a year with a value of 30 million dollars
and that I made a note that the 2019 so far we have we did go out to bid for a
new stop-loss insurance contract and that's eleven point three million
dollars so it's very it's a it's a big number it's a big dollar contract so
that's going to change our numbers a little bit so and then some
considerations if council is interested in moving forward with the living wage
policy is how to determine the rates some councils set the rate and then move
on from there other cities have used the MIT living wage calculations and rate to
set their their living wage and then additionally what types of contracts to
include because I as you could see from the comparison table cities do it
differently and just between Dallas and Austin there's some differences how we're
going how would we would enforce our provisions and then any exemptions
Austin does allow their City Council to exempt any contract that they would like
from living wage policy and I'll open the floor up to questions I have some
additional information that I I found on employees after getting an email this
morning about some of that so I can talk about that now or I can take questions
we'll take questions but could you before we take place questions can you
follow up on your last point about exemptions and how that works with the
RFP process so do the bidders just know that when they bid there there's an
option for them be exempt how does that that would be staff recommendation would
be that council gives us direction before we go out to bid on what what
would they would like to see exempt and then we could include that in the
solicitation documents before it goes out to bed okay with that councilman
Briggs did you have questions just yeah okay mommy on the lowest paid I guess
employee you said that that came back as fourteen ten of ten fourteen ten an hour
okay so the is that for full-time or part-time or any time just any any
individual working for the city of Denton doesn't make any less than fourteen
dollars an hour so that is benefited employees meaning not our temporary
seasonal employees so HR was kind enough to provide me this slide that kind of
walks through the differences between the benefited and the seasonal the
seasonal pay plan starts at 725 an hour right now however they've already made
adjustments to the temp seasonal pay rates and then in next year's next
fiscal year there will be adjusting the pay plan to kind of match those pay
raises can you explain a little bit more about the the pay rate so it's not 725
anymore it's gone up a little bit so do you know what that is I believe it's
nine dollars an hour I'm not looking to Carla to make sure I'm saying this
correctly um but I believe it's nine dollars an hour right now for seasonal
employees and part-time as well the seasonal mean part-time or is that
different it's different because part-time employees aren't benefited
though right there can't they keep we can't have benefited part-time employees
but seasonal employees are not benefited that makes sense right well when I think
about seasonal I think of generally like summertime employees the majority are
parks camps or things like that but I do know that we have part-time employees
that aren't benefited that work all year and so those are the ones that I'm
trying to I'll let Carla answer that one they still fall on our seasonal pay plan
so if they don't receive benefits they'll be on our we actually call it a
special agreement pay plan okay so they could be making set between seven and
nine dollars an hour at this point at this point they could be making anywhere
from 725 up to you know $20 an hour okay okay um so that that's good
information to have I am I'm actually in favor of exploring this more I think
that we just we learned about the Alice report that just came out you know
earlier this year at the end of last year where it says that 21% of den
counties does not make enough pay for basic needs and I just learned last
night from a Salvation Army presentation that that number is
considerably increasing so I don't know if there's a way to directly tie this to
people with addresses in Denton County or the city of Denton per se but I would
like for it to be directly benefited I know that was one of your potential you
know well we can't just we can't tell where it's directly going but I do know
that we gave over 20 million dollars to a local contractor just in the last year
or so so to know that any of that money is coming directly back into our our
city with a living wage for the people who they're hiring I think would be it's
not a lot to ask
councilmember Davis and then councilmember Armitage could you go back
to slide 9 for me sure so this is kind of a multi-part question but you might
be able to knock it out with with one answer because I'm trying to wrap my
head around what the target contracts would be for Denton so what I'm looking
at with Dallas is some things that I don't know that well we certainly don't
spend 28 and a half million dollars on temporary clerical professional in the
city of Denton we don't have a convention center that has the kind of
event set up that the K Bailey Hutchison Convention Center so these are contracts
that I wouldn't be expect to see come across your desk can you help me
understand what kinds of contracts something like this would apply to in
Denton and what kind of numbers we're talking about there sure so some of the
contracts and I have a list for you that I'll I'll give you also but HVAC
maintenance and services some of our parks instructions contracts janitorial
contracts mowing and maintenance tree trimming welding services vehicle wash
maintenance heavy equipment rental trucking services those are some of the
contracts that this would apply to you and can you give us a rough number around
number on how much we spend currently on those contracts so this that is the
number of that we contract with annually for those types of services and I have a
breakdown specific with the on the Dallas slide are there any of those thank you
are there any of those that we can even anecdotally say that the increase is
tied to the new procurement rules I mean because obviously like a 76% increase on
the convention center that can't be solely I mean they must have changed the
scope of right and that's and that's one of the things that Dallas staff did
mention in their presentation they tried to keep the scope as similar as
possible from the previous bid however obviously needs can vary from year to
year but that's this is the best that they could do as far as what the
increase would look like or had looked like in their experience for the first
year that it was enacted did they give you any kind of feedback on I mean
knowing that and knowing that they they gave you those kind of caveats to their
to their numbers did they give you any kind of feedback on their sense of how
this went or if their procurement process was was more difficult if they're
having trouble getting bids for certain things if they're you know they're one
good contractor that they're always able to go to and least get a good bid from
isn't applying anymore isn't putting a bit in anymore because of this
unfortunately no Dallas is much larger than Denton so they do receive a lot
lot larger number of bidders to on each project but no they couldn't say
definitively whether it increased or decreased there the bids received
thanks councilman Rometer yeah so first of all thank you so much for to you and
also to you and I know HR staff applied a lot of the data supplied a lot of the
data and finance so this is all really interesting and helpful so obviously I'm
in favor of this I had suggested it but you know one of the the questions before
us it also is kind of what the this is right what um so um I I agree with with
councilmember Briggs that local you know employment is a key issue and she cited
the figure that was a 20% of Denton's at Denton County 21% yet county residents
can't are you know are not making a livable income that contributes to our
homeless problem which is a big issue for us if you know this this fiscal year
and hopefully and continuingly so as a council um you know I would if you could
turn to are we already on I don't know I guess we're one over if you turn to
slide 10 then yeah that's the next one you know one thing I think that the you
know I appreciate the data about about Dallas and the costs and I understand I
sympathize with their kind of difficulty in being able to say exactly what the
impact is because it's so hard to show the cause and effect and and I think a
great example is if you just look at our contracts without a livable wage
requirement just from looking at our eligible contracts that is you know
through some combination of the doubt what Dallas and Austin consider
eligibility which you've done here just look at the huge jump in the amount of
money from 2017 to 2018 and that is for a number of different reasons and you
know having to do with need and all kinds of things so and you're gonna see
that in any city so it's it is hard to because needs change year to year to
really track that you know for me kind of the main question is you know is this
something we can afford to do and are the benefits worthwhile you know and I
I believe that we'll find the answer will be yes you know what I would love
to see is moving into budget season would be kind of you know two sets of
figures of you know how you know what the cost of the budget or you know maybe
break broken down department by department and mr. city manager this
might just be too unfeasible but some form of this you know kind of looking at
what the difference would be with the livable wage and again it would all have
to be an estimate because we're not collecting that data right now but with
a livable a livable wage requirement and without I think that would be helpful
moving forward as we determine the budget for next year for me that would
be the most most helpful thing you know I think that we sometimes
underestimate you know when we talk about jobs and looking at economic
development as an opportunity incentives tax incentives an opportunity for job
growth we sometimes forget that the city is such a huge local employer and you
know sometimes people look at the budget and they say oh no all the staff and
they imagine some you know just big you know top-heavy bureaucracy or something
but no these are the people who are who are keeping our city running and we're
a huge local employer and and we can really do a lot to to help with our
employees being able to live here including those and I was struck in that
you don't have to have to turn to it now but you know the figure you gave of the
big number of park staff you know who are the who are non-benefited part-time
and you know making less than you have fourteen dollars an hour so I would love
to see factored in there a increase to and I appreciate that there's an going
to be an increase this coming year but I would love to see an increase to what we
determine little livable wages at the very least I I would like to see it
equal whatever the the bottom is for for full-time benefited employees which did
you say fourteen dollars and something that's the current the lowest rate that
we pay currently yeah yeah for full-time benefit plan the pay grade is 1060 an
hour so can you just explain the difference between that the pay grade
and the lowest rate so that's the lowest rate someone could come in at that they
could be paid however we don't we don't current we don't have anyone that we
currently pay at that that low yeah so I would and that's a good example of
something where so because of that if we raise that if I'm understand correctly
there would not be any kind of him impact as far as the budget for this
coming year if we currently don't have anybody who's who's making who with with
that pay rate so if we raise the rate to fifteen dollars an hour I believe it
would be about twenty four thousand just for benefited employees twenty four
thousand a year increase to the budget that does not include the seasonal
employees but if we and that's included in this this analysis the 339 includes
all of the seasonal employees but only 24,000 of that would be the benefit and
employees okay and so how so I'm trying to figure out if 14 and and for me for
me that's a fine well worth considering what we get from that as a city can you
explain how if the the lowest is that we're currently paying anyone is at that
level is fourteen dollars and ten cents ten cents so we're talking about a
ninety-cent increase to all of those employees right there there are at
various levels on the pay plan and that's something that would have to be
studied further and HR would have to study is if we were to make an adjustment
how that would line up with the different pay grades and pay levels so
there could be some compression because obviously if you lift the lowest level
on the pay plan how does that compare with the next level and so on and so
forth yeah but yes twenty four thousand for the twenty two benefited employees
currently making the you know the fourteen ten an hour yeah that would be
the impact okay okay and it can just kind of one more thing for now can you
can you explain I tried to find this on my own why is is construction excluded
in both Austin and Dallas is it because of the cost of construction it's harder
to track construction contracts currently have a prevailing wage rate
requirements so it's by skill trade there's different requirements of by a
by that skill that they're required to pay so I think the thought was they're
already making a certain amount so it doesn't make sense for living wage it's
not that we can't do it it just hasn't other cities haven't done it yet okay
thanks Councilmember Ryan thank you as I look at this I look at this is a fiscal
responsibility issue more than anything else and if if we had the 30 million
dollars on average contracts that would be subject to this if we had the same
impact as what Dallas did at that thirty thirty six point five percent we're
looking at 11 million dollars that's that's a 20% if all of that were having
to come into our property tax income because we can't adjust our sales tax
income that's a 20% increase the states just set our limit at 3% that means that
we've got to cut 16 and a half percent of what we do right now as a city we're
gonna have to cut back if we if we went into that situation just to be able to
afford that it just does not make sense there's a reason why we have entry-level
jobs as well as living wage jobs I find it kind of interesting that the council
members who want to push forward on this also voted against an incentive package
for a company that was coming to town that was paying on average $20 an hour
so I cannot support this you're picking and choosing the actual cost is not
what's going to be going to the employees most of that cost is a
regulatory burden that is a that's affecting those contractors the
reporting mechanism the additional cost of having to put all that data together
is where most of that cost is going to end end up going and you know from that
standpoint it just if we want to look at or encourage I mean we're under a great
economy right now that things are booming and one of the things we've
noticed in this great economy is we get only one bid or two bids where we used
to get six or seven bids and that's if we're down to one or two bids they may
back out from bidding at all and we may end up with a lot of no bid contracts if
we go to this system thank you and councilmember Davis could you give me
your leanings to proceed or not I noted your comments but I didn't capture your
thoughts I'm so glad you asked yes so I'm not there on this yet I'm not saying
that I couldn't be in favor of something like this in the future but my concern
is that we don't have the only thing we know about the final cost is it's going
to be more and it could be a whole lot more or it could be a little bit more we
don't know how much yet I'm I'm trying to ballpark it by going down the list of
these contracts you provided for us and see that you know for instance mowing and
maintenance those are folks who are probably gonna be most impacted by
something like this as opposed to our three biggest contracts which are for
insurance services there's not gonna be a change in those in those contracts so
we could be talking about a small increase we could be talking about a big
increase but I'd like to have a whole lot more information about what our
projected fiscal impact would be and how we plan for that as opposed to kind of
thrown it art out there and worrying about how many more millions of unfunded
dollars are we gonna have to spend on things like mowing and maintenance when
the purpose of contracting some of this out is cost reduction that we don't
maintain certain departments you know we don't have a tire servicing department
because instead we pay briscoe tire to take care of our truck tires and it kind
of reverses that whole calculus I'm also concerned about the burden on staff that
now we need to introduce maybe another couple of FTEs of contract enforcement
folks that not only do we have to go through the whole procurement process
but we also have to make sure we're we have all these additional submissions
from the contractors with their bid and then we have to follow up on that and
then we may be at some point during the year kicking a contractor the curb with
breach of contract because they're not meeting the requirements we've set out
so I'm concerned about not only like councilmember Ryan said maybe not
having contracts available not having bids available but also that we're doing
more work to get less bids I'm much more concerned with our role that last slide
you had up a while ago our role as an employer and being a good employer and
being the kind of place that attracts the very best employees I'm I'm less
concerned about our role as you know pushing our contractors to make changes
in their behavior I think it's more important that we that we pay our people
well so I'd be more interested in in knowing more about the pay structure for
our own folks and I also just kind of a part of this conversation I'm a little
more concerned with like how many things we're having to contract that
contract out as a city than I am with how much are those people paying their
employees because if we tighten up the one we kind of tighten up the other you
know there I don't know how many mowing companies on this list and I don't know
why there's so many folks on there all doing the same basic kind of work and
how that process works so my concerns are in a different area and I think kind
of like councilmember Ryan said there are economic pressures outside of this
room that have more to do with the living wage and anything we're going to
do here the other thing I'm also very concerned about is if you go down this
list some of these are big companies you know United Health Care eleven million
dollar plus contract to United Health Care this isn't going to make a
difference there but it could make a big difference on some of these small local
companies that you know every fifty cents or every quarter you go up in
there minimum they're required to pay their employees that's less money in our
local economy that's less money that's going to support a small local business
it's very difficult to keep up with rising wages as it is so it puts a lot
of pressure in the places where we don't a lot of unintended consequences I think
could come out of something like this so I just overall I'd have to know a whole
lot more about what this actually would do to our bottom line into our small
businesses before I'd be comfortable with something like this okay so I'm
gonna reframe and say so we're two - I'm on record of saying I want to live in a
world where some meritocracy and so I think to your point the the job
description and some the base payment based on skill level significant to me
which this does not capture I also am concerned about the fact that we're per
staff estimates we're just short of 1 million dollars we're gonna lose in our
right-of-way funding for this year right so I'm not in a hurry to go try to pair
that pair this blind corner with another blind corner and see how it works out
that that is concerning to me we need to nail down some real numbers on both
those issues and so for me I think we won't have a consensus either way and so
I would ask kind of comments going forward we can sum up and we can give
staff notes on what we'd like to see going forward to do further analysis for
maybe it to come back and in that regard I'd like to see some sort of sample
option where we could incentivize current contracts RFPs to say if you're
willing to pay a certain wage we'll give you an extended year or or just have
the have the the applicant make that offer to the city to say you know what
are you willing to put forward or ask to pay living wages something like that I
would like to see this in electronic format if we don't do we have it already
I appreciate that just because I think you you make a good point that I could
toggle that on the spreadsheet top to bottom and kind of get a feel for that
and then yeah no and I'll summarize with this and then I'll ask others to give
notes on what they'd like to see back but yeah for me I think councilmember Davis
is spot-on our if you look at our response rates I mean we're probably
three or four respondents to our piece as is it's just the work environment is
not user-friendly right now and and so or it is depends on which lens you're
looking through but so in that end I don't want to do anything to hurt the
value that we would bring to to our citizens as far as those contracts so I
open it up for other feedback for staff councilmember Briggs so just just a
reminder seven dollars and 25 cents was last increased in 2009 and it takes at
least $11 and 48 cents to live I mean that means to pay your rent to eat to I
mean pay your utilities to do just to survive to live comfortably and so we
we can't tell private businesses what to pay their employees but what we can do
as a city is we can make sure that we're doing the best that we can on our end to
make sure that our employees and those who do work for us in the city can live
and can have their basic needs taken care of they can eat they can feed their
children and I mean we are going to pay 20 million dollars to one company a year
I mean at least we can at least we can ask for them to show us a pay sheet
before we continue to fund them I mean we can say how much do you pay your
employees right and we can at least ask them maybe we can't mandate that they
pay it but I mean it's gonna be an issue of mine going forward if we're if we're
paying contractors millions and millions of dollars but we don't expect them to
pay someone a basic living wage a human being so that that's where I'm coming
from and we are gonna sit here as a council and we can either pay for it at
the beginning of the process or we can wait and we can pay for it at the end of
the process where we're looking at funding homeless shelters where we're
looking at food pantries I mean we can do it we can do it on either end but at
some point if we don't step up and make sure that people are getting a living
wage it's gonna have to be done at some point I mean or our whole city is just
gonna be a shelter I mean I mean that that's where I'm coming from here and
I'm not trying to put it on the backs of small businesses I mean it's it's just
it's a responsibility that at some point we all have to step up and take care of
and so I would like to see a skill pay chart that that goes in those
construction contracts if we're not saying that we need them to make
something I'd like to know at least what each skill level is getting paid I would
like to see if we continue to give local companies a benefit if they get first
priority when we're contracting then I would like to at least see what they are
paying their employees before they get that priority so those are those are the
two things that I would like to see and and I would also like to see how many
part-time employees not seasonal but part-time employees make that make less
than ten dollars an hour thank you thank you
councilmember Albert I just want to first just respond briefly to a couple
of comments have been made so about you mentioned councilmember Ryan mentioned
the Tyson incentives you know which I had voted against and you know the reason
being was because there are very few jobs new jobs that they're offering and
they have a history of what I would call labor abuses at the very least it's
objective fact their history of legal action against them in settlements
versus this opportunity before us now where we as a city are an employer we're
a direct employer of a number of people who live here in the city of Denton our
constituents both those who vote and those who don't vote and aren't
following local politics we have a responsibility to them want to follow
up what councilmember Briggs was saying that we're paying for this anyway our
whole discussion about shelter you know you talked to people staying at men
senior king number of them they had apartments here they were musicians
artists all kinds of professions sometimes it's mental health issues they
can't pay for a 725 an hour is a fifteen thousand dollar and fifteen thousand eighty dollars a year I
think we can all agree that's that none of us could live on that it that is
poverty if you can't live on that fifteen dollar an hour livable wage is
only thirty one thousand two hundred dollars a year that's actually it's kind
of I think it's kind of tough to live on live on that in city of Denton and
getting increasingly so so we're we are paying for this anyway in a number of
different ways and I think to kind of isolate this cost and not to look at the
ways where we're paying for it you know including with emergency medical for
people who can't afford health care because so much of their money is going
towards rent you know for me it's this is the fiscally responsible decision it
stimulates our economy to have to be paying good wages then people have more
money to go and spend in our economy to go eat out to go get a drink after work
so as far as kind of you know substance of things moving forward I'd like to
see you know since there there is obviously there's no consensus on this
as a package deal contracts plus contractors plus employees today but I
but I am seeing interest in you know at least four of us present for kind of
continuing the discussion about import raising employee salaries so I would
like to see a separate work session on that using and again using this this
data that we've got here now anything else want to add to that that's
something that would be a lower cost it's also a cost that we can control
more so I don't want to let that go by bundling these two together again a very
sad and disappointed we don't have consensus on this now I would like to
see we're missing two people and we've got at least kind of two of the if I'm
understanding correctly you know Councilmember Davis and Councilmember
Hudspeth I had some figures that that they would like to see you know moving
forward about the cost for contractors you know I too would like to see as I
mentioned before those costs factored into the budget discussion so I I don't
see or I should say I don't want to give up on having this a more pointed
conversation again about contractors with some more specific numbers once we get
in the the budget season and I would also as I said like to bracket off the
issue of employees because that's something we can control the numbers
much more manageable I want to you know second what you know Councilmember Davis
mentioned about and and I realize you were just kind of using this as an
example the mowing you know contract that is you know maybe even requested an
audit on that or at least just numbers we could even pluck that out as an
example you know about what would change I would love to see you know what would
the cost be if we directly hired mowers instead of contracting and we were able
to make sure that we're hiring locally for instance and and you know have more
control over what we pay those employees you know maybe that's unfeasible for
very good reasons but I at least like to see you know numbers on that so and then
I also want to I want to add you know Councilmember Ryan had mentioned you
know sometimes we have only one and two bids that's absolutely true and we can we
can put exceptions in exemptions in our in a livable wage requirement
stating well not only as far as sole contractors go which as I understand it
that means not so much that you that you've gotten just one bid but is that
when there's just the one person who makes the thing correct yeah so but
there's nothing saying that we can't have a rule saying if we've got only one
contractor right then that doesn't apply we could do that we could have a rule
saying if we've got only two contractors that doesn't apply so you know we could
really make this almost anything we want and so in the end I think it's again I
think that this is the fiscally responsible thing to do not just from
a moral perspective but it's fiscally responsible it stimulates our economy I
think it's bad for our economy to have employees who can't afford to live here
and those you know subcontractor people who are working for the contractors many
of whom live here who can't afford to live here either that's not good for our
economy thank you thank you Councilmember Ryan thank you looking at this chart
you've got 22 benefited employees that are under $15 an hour but the lowest
that we pay anyone is 1410 correct so all of those are in that 90 cent range
there correct of the seasonal we don't really have the figures on those right
now I mean as I look at 353 parks and recs most of those are summer jobs that
kind of like to know if we have the data on it how many are high school or college
students that are just taking a part-time summer job because that that
to me is where your entry level differs from your living wage you're just trying
to make a little money for college you know have a little gas money a little
date money that kind of thing that you're more than likely still supported
in other ways and also on the other seasonal employees we kind of get a
little bit of a job description breakdown 28 in the police department
what do those 28 kind of what is that job description is it because it's
probably most likely not as an officer and so if if at all possible just kind
of a little bit more information on what those seasonals are on a wage basis
because I would venture to guess that probably none of them are at the 725
range and so we're moving the seasonal pay plan to nine dollars would be the
lowest that the seasonal employees are making but it includes things like life
guards crossing guards preschool leaders recreational leaders for parks cashiers
at the water park and then the benefited employees the 22 that are listed it
includes water meter mechanics for our water utilities some of our library
assistance assistant court reps records technicians and civilian civilian duty
officers and so to to wrap up I think what my notes say in summary kind of
take away is one council member Arbintors requested a work session I
guess that would get in line with the surveys I'm assuming I'll leave that to
staff to process that and in that whatever that comes back it would be
staff staffing staffs analysis of wages and I think that kind of dovetails into
the 1410 analysis those employees I think that's kind of the genesis of that
also in a component of that could be some sort of draft analysis that the
staff would say here's some other exemptions here's how the people doing
it again whenever that comes back I don't I don't know how that works and
then to the mowing service and analysis on that kind of you know give us your
feedback based on the conversation keely had touched on some numbers she
requested as far as a particular contractor and those sort of things if
that'll come back and then lastly council member Ryan had mentioned the
job description breakdown of the police positions that sort of thing and think
that's the just of it yeah I think I think we can certainly put together
supplemental packages for all these items for the council to consider right
now if assuming we work three percent above or three cents above the effective
rate you have four and a half million dollars to work with in the general fund
in the rec fund we're currently studying right now because it's about a million
dollars upside down so these these are things that through the the budget
process we are going to be reviewing policy with you over the summer to give
you choices we're taking a look at all the programs and what what trade-offs
it might take to get there we can we can also provide you a couple of you know
interim steps as well you know ten twelve fifteen dollars what the policy
implications would be if you wanted to step it up so we can come back to you
over the summer providing you options we'll have our rec fund analysis
completed sometime in July so before we get to the final August dates where we're
winding down the budget we'll be able to have that discussion with you as well we
can also comb through the the packages as if we if we function similar to how
Austin Dallas are functioning try to get a little bit more meat on that bone what
we would expect our incremental costs to go up to see you have a little bit
better data but I think the way you're breaking it down and working through it
gives us some direction to give you options now so happy to do it okay thank
you and and I'm gonna call me but one thing I do want to clear up because I
think it's important and I think I've asked for it before so it may be just
something you need to read we may have to send back out but can we can I get a
a report just in a Friday even because the emergency medical component that's
the county and so if there's a city component to that it's not those two are
separate and so it's if the city's right in the county a check I just want to
understand that because those numbers are often put out but I think it's
important for people to understand county hospital bills in city hospital
bills and indigency etc I just I just want to clear that up so everyone has a
good working number for that going you know at whatever point we can compile
those counselor Davis so I think you might remember from my first comments
that I don't disagree with councilmember Briggs and our mentor on the the
necessity for people to I mean give the work minutes was wage right you you pay
someone what they're worth that their work is worth and they can live better
they can take care of their families the economy is better and all those kind of
things the thing that we're missing today though is hard data about and not
even that hard just any data about how much is it gonna cost on the back end
and I agree with you that if you go to the very back end we end up paying more
when we talk about shelters and care and all those kind of things what I'd like
to propose is that we introduce evaluation criteria for a living wage
that we collect data from our contractors that we as part of our
process for applying for contract it's not dispositive it doesn't say you don't
get the bid it's just we now know how much you pay your employees and that
will help us gather data about well if we institute something like this in the
future these are the contracts that are going to be most affected but these
other contracts well we know you know the technology services and fiber optic
cabling these guys aren't affected at all the mowing contract that is going to
be affected and we know because we have that data the other thing it does too is
when you submit that bid that's a matter of public record and so now we know well
these are the guys who are paying their guys minimum wage and these are the guys
the the contractors who are paying their guys better than minimum wage and still
getting the job done so I think we get the benefit if we put those evaluation
criteria into place and make that part of the process we get two benefits one
there's kind of some sunshine on on that process and what these folks are getting
paid and what impact we can have and two we have some data on whether we're going
to have an impact or not and how much it's just going to cost us to have that
impact and then we can make a responsible decision is that a burden
that we take on that we're going to fix the living wage problem in the city of
Denton or is that something that we leave to economic pressures okay thank
you very much and thank you for your presentation and we'll conclude that
item and then we'll take a five-minute break at 111 and okay thank you and we
are back at this special lunch session we are up to what better said it is 1 19
afternoon and we are up to item C which is ID 19 9 11 receive report hold
discussion and provide staff direct direction regarding the implementation
of an acceptance of sponsorship and donation policy good afternoon mayor
pro tem and council members my name is Heather gray I'm the business manager
for the parks and recreation department I have a newly proposed policy for you
today which is the acceptance of sponsorships and donations just to
clarify this policy is regarding the city accepting sponsorships and
donations not us giving out co-sponsorships
so just to start off with a brief overview why does the city need a
sponsorship and donation policy currently the city does not have a
policy and staff realizes that there are individuals and businesses out there
willing to help donate or sponsor our programs and events we just have not had
a formal process to do so so just to clarify this would be a citywide policy
Parks and Recreation took the lead on this as we figured to be a primary user
of the policy so if this policy is adopted it was established structure and
consistent citywide guidelines for the solicitation administration and
acceptance of sponsorships and donations some of the benefits of adopting the
policy would be promoting staff empowerment and ownership of programs as
well as creating collaboration and buy-in from our residents and local
businesses and this would allow the city to offer affordable programs and events
since we consider this an alternate revenue source to help subsidize our
programs some of the highlights of the policy itself the policy states that
donations and sponsorships must be in the public's best interest and they must
reflect the city's image in a positive manner the policy defines the type of
donations and sponsorships that we can receive such as cash or in-kind
sponsorships as well as gives examples of benefits that staff can leverage and
return to the sponsor for their contribution the policy states that city
staff are not permitted to accept anything for personal benefit when going
through this process such as a gift and this is per the employee ethics policy
the policy also defines the public display guidelines just some examples of
sponsorships under donations that could be received we could receive an in-kind
contribution of food for a program or event we could receive a monetary
contribution to help offset program expenses or support youth scholarships
some of the examples of benefits that could be given back a typical sponsor
benefit would be to have a business logo printed on the back of a race t-shirt or
on a banner at an event or the opportunity for that business to place
flyers and a goodie bag a typical recognition for a donor would be a
donor plaque or an acknowledgement such as installation of a bench I'm sorry we
have one question the flyers for the goodie bag do any does anyone who I
guess advertises their business or product through the city and a goodie
bag that we're handing out do they have to follow any policy guidelines that we
have to do that if you mean if they were a sponsor and they were allowed to put
well the staff would review the material that's put in the goodie bags to make
sure we don't have a set policy on what they can or cannot but they do have to
be a sponsor in order to be able to put items in the goodie bag but the staff
would review it to make sure it's appropriate okay oh I just mean like you
know the business and if they you know have fair hiring practices and and things
like that okay that's something we can note I'm just curious yeah we there's a
we don't have a policy or not on anything that we we could just if they
give us money in a flyer and it doesn't say naughty things on it we say okay yeah
this the staff would review it but yeah correct there's not not a policy
directly for that okay on the donations I guess one exception to that or
addition anyway it would be that we would require notification of our
compliance division just so they had a record of what was donated and that sort
of thing so that would probably be the only exception of that okay thank you
okay so next let's just walk through the proposed approval levels this is based
on dollar amounts for this is for this workflow is for solicited sponsorships
or donations so for the first level we have proposed up to five thousand
dollars which would be authorized staff submit a solicitation plan and a list of
potential sponsors or donors and that must be approved by their next level
supervisor once that's approved then staff would solicit sponsorships and
donations in accordance with this policy and then finally staff would accept and
report on those sponsorships and donations in accordance with the policy
for the next level we have contributions between five thousand one dollars and
forty nine thousand nine hundred ninety nine dollars it's very similar to the
step before with the exception that once you reach above five thousand dollars we
require an agreement between the city and the sponsor or donor as well as the
approval level instead of being the next level supervisor it would be by city
manager or designee so after that approval is met then it remains the same
the staff would solicit and then the staff would accept and report and then
for the final level above fifty thousand dollars we have asked that authorized
staff or the director would submit the solicitation plan and the list of
potential sponsors to purchasing for request for proposals so in this case the
solicitation will be done through purchasing and the results are taken to
City Council for approval okay thank you just want to say Councilmember Briggs
is this at all for naming this is our structures or anything within the city
no ma'am and this policy actually states in section 2 that it does not apply to
to naming because that would go through the naming policy naming policy we have a
separate one for that that's correct I'm just clarifying I had someone mention
that so I just wanted to make sure and is there a reason why okay the second
one would you said it has to have has a policy but up to five thousand it does
not yes the second one would be an agreement we would ask for an agreement
between the sponsor and donor and is it because we have so many that are under
five five thousand that we wouldn't do that because it would just be more work
is that I think this is there yeah and I think the intent for this policy at
least for staff most of the donations and sponsorships who receive are below
the five thousand dollar mark probably most of them below the one thousand
dollar mark and they're just examples like I said they donate a small amount
for a race around and their logos put on the back or I know like at the animal
shelter they'll someone will come up and donate dog food cans of dog food so we
didn't want to go through the process of an agreement when it's a small dollar
amount but that's something we can based on your recommendation there may not be
an agreement that there will be some sort of way to to track yes to track all
of it that's correct yes we do track it okay thank you
councilmember Albert so follow up about the the naming issue I appreciate your
yeah I'm matching that just to see how it because there is a intersection or so
say that somebody donates a park bench and they want it named the so-and-so
park bench right is that so those are two different processes the donation of
the bench and then the naming or it doesn't quite count as a naming because
there's a would be a plaque next to it I mean tell that we're it to me that
wouldn't count as a naming because you're just you're purchasing that plaque to
honor someone and you're putting or the bench and then there's a small plaque
saying you know donated by a person's name but if they actually wanted to name
an asset in a park or name a room in a rec center and they want to call it
something specific that would be a naming the naming policy does cover city
facilities pretty much any city asset yeah and it covers some naming new
structures and donated structures as well as existing structure any anybody
anything that someone wants to put a name on excellent yes thanks okay so this
next slide just has an example of what a solicitation plan looks like a good
solicitation plan has clearly defined sponsorship levels as well as clearly
defined benefits back to the sponsor so in this example it's for our Liberty run
sponsorship opportunities as you can see we have the dollar amounts ranging from
$100 to $1,000 and then with each incremental level the sponsor would
receive something additional in return
and throughout the process of developing this policy we have collaborated and
work with other departments as I mentioned it would be a citywide policy
so here are just some examples of departments and programs that would
benefit from this policy so for parks and rec as I mentioned we have July 4th
Liberty run and Jubilee sustainability could use this for their honey run animal
services for volunteer appreciation event we have the library summer reading
challenge and then police and fire has public safety day that could benefit
from this policy so that pretty much summarizes the policy kind of what we're
looking for for the next steps would be if recommended today by you with or
without additional edits we'd like to place it a resolution on the next
available council meeting for consideration and then of course we hope
to utilize this policy in the future okay and I'll thank you very much in
mayor mayor Watts tradition have you presented to us before this is second
time okay very good good job thank you all right and so I think for me a
question is what about items so for example use just a kind of something
unforeseen so let's say we have the coffin races and we want to brand it
with Denton let's say Denton wants to do it so Denton wants to brand the street
so now when you have overview of the coffins racing down you see Denton's
logo but let's let's put private company there whatever that is okay do we have
in our ability when we're leasing streets parks the ability to carve that
out to say the city reserves the right to or we partner with you on or they the
entity has the right to police quote-unquote or brand those areas I'm
not not sure I understand exactly but because this policy is with a staff
what's that okay Gary's gonna help you does that make sense Gary or mine yes
confusing Gary pack and director parks and recreation so I think there's a
probably two answers to that one that's co-sponsorship that's handled
differently and with a third party third party event we can have separate
agreements as as written in the policy where we can outline specific things so
that could be part of an annual work plan with the Parks Foundation it could
be a separate agreement with that entity that's running the coffin races to mark
that out and say this is something that the city wants to work with
specifically or partner with them on that okay and so I would say and it kind
of goes into my next thing is I would ask maybe if we have a point person
because using the coffin race for example they come back and they say they
need more hot funds they're gonna extend an extra day etc and so in lieu of that
we could say how about we open up this branding opportunity and see what they
can you know achieve there and say hey can you go to some of your normal
sponsors Armadillo L who you know and say can you parse out part of this if we
give you that opportunity do you think you can recoup money that type thing so
just a way to free up pressure reallocates yeah yeah so you don't need
as much hot funds because we're giving you more opportunity to fundraise right
on your own it may be in condo nation I don't know what that that terminology is
but I guess the the the short question is is there someone if I have an idea
that I could say reach out to whom and they would kind of process that
information and see if there's a way to get to the finish line so as as that
co-sponsorship we could be the point person that I think we're you know with
hot funds we'd be working with the finance department on that as well sure
so between the two of us we could identify that part that point person okay
great any other questions on this item then I'll look for oh that's over Davis
just so we're aware and so the public knows the the funding levels like where
did the numbers come from and what did we base that on why do we decide those
were the levels so this is sort of based off of our purchasing standards that
once we reach the $50,000 mark then we go out to RFP so we're trying to stay in
line with what we already do for purchasing and then before we get a
consensus question for legal if I understood the application right there's
not a signature line there's not a standard language that says I believe the
information on this application is true any any need for that you believe or is
it okay as is so when they fill out the application it just says name who you're
associated with etc etc but there's not a signature standard language at the
bottom we can always add it in there it doesn't it doesn't hurt to put it in
there or harm it if we don't include it in there it's just whatever the
preference of this council or city management and or city management would
be okay we're talking about this yes okay okay well we can leave it as is and
we'll we'll get a see how that goes okay so consensus on moving forward with as
presented okay very good thank you thank you very much I appreciate it and so
that concludes item C that'll take us to our last item today item D which is ID
19 1206 receive report hold discussion and provide staff direction regarding
House Bill 1631 and its impact on the city of Denton operations photographic
signals enforcement systems which was signed what today over the weekend over
the weekend yes sir
mayor pro tem council thank you for the opportunity to come and talk about this
issue Ryan Adams with public affairs this will be just a brief overview and
update on our red light camera system so just a little bit of background didn't
has utilized a photographic traffic traffic signal enforcement system or red
light camera system since 2005 in that year we issued an agreement with red
flex traffic systems USA it was initiated in 05 we further amended that
agreement in 2009 and then extended it in 2014 currently or perhaps as of last
Friday or Saturday we had 11 cameras monitoring 9s intersections across the
denton and just a high-level high-level overview of how it works if we do have
sergeant Briggs here who can answer more technical questions if you have those
for any any suspected violation the camera will capture that violation with
several photos in a video there will be a review by red flex and then a
subsequent group review by the city of Denton to confirm if a violation did indeed
occur the city has a 30-day window for our PD department to actually accept or
reject that violation and if it is accepted a citation will go out to the
registered owner of that vehicle and that is a civil penalty penalty so house
bill 1631 is a bill that was passed in our most recent legislative session it
prohibits red light camera systems across the state that is for the most
part a blanket prohibition it was effective June 2nd that was yesterday on
Sunday it does allow existing contracts to continue on two conditions that
contract had to be in effect prior to May 7th 2019 and it does not have an
adverse legislation termination clause if you fit those two categories you can
finish off the term of your contract if you have one the city of Denton contract
with red flux was active as of May 7th in fact it's set to expire on July 20th
2019 however our contract did include an adverse legislation termination clause
so because of that clause and the effective date of House Bill 1631
Denton cannot legally operate a red light camera system anymore 1631 does
allow that all penalties that were received prior to that effective date
are still valid penalties those are valid citations anything on or after
that effective date they're not enforceable
so just to brief you a little bit on how we're going to approach our contract
with red flex the city is prepared to deliver a termination notice to red flex
upon the council adoption of an ordinance terminating that contract the
contract was adopted by ordinance and we are prepared to bring forward an
ordinance at your next meeting to terminate that contract the contract
allows us to immediately terminate the issuance of citation so anything that
was received by the system on that effective date or afterwards we can
simply not take action upon it also provides for the cessation of all
services and operations and it compels red flex to remove at its expense all
equipment in the city right-of-way of course that won't be a quick snap of
your fingers and it's gone those cameras would be there for a little bit of time
until it can coordinate the safer removal of that infrastructure we do have
to address post termination activities with red flex of course there are going
to be a number of citations that have been issued when they were legally able
to be issued that have either not been paid or still working their way through
an appeals process so staff is currently coordinating with red flex on a limited
agreement where they would provide some post termination activities that could
be accepting payments coordinating the appeals process providing call center
support they did give us a quote on these services and that quote was forty
seven thousand dollars for the first 30 days and thirty five thousand two
hundred and fifty for each month thereafter for a term that we would
jointly agree upon so one question and then councilmember Riggs wait so can
you explain what would be included what service can you repeat what services
they would be providing if we agreed to that they gave us a longer list but I
can give you the the brief key points the brief key points are processing
payments providing call center support local office support which would help
handle walk-ins and coordinating the appeals process scheduling the appeals
there are a few other things on the longer list they gave us that they would
provide part of that is sending delinquent notices to collections and
other administrative tasks and has it for a follow-up question is is there been
any looking into what the the cost would be both financially and time-wise for if
the the city to take that on versus this private company we did discuss that in
a meeting last week with our municipal court and some members of the police
staff what we determined was we might suffer some significant customer service
issues and when trying to do that chiefly because a lot of that information
that is right now in the red flex system does not have a mechanism to come into
our system until they provide some of these actions since the bill was signed
we've not had a chance to meet back on that so that's something that we're
continuing to explore and now that we know what the end date of this bill is
we need to follow up and make another determination of can we provide this in
house yes or no what would then be the cost and again taking into consideration
any policy direction that council would want to provide yeah thank you and I'll
just mention for now that I'm as somebody who's been opposed from the
beginning to the the the red light cameras you know partly on the grounds
that you're you know farming out a a judicial and kind of law enforcement
duty to a private company far away I would love to see that I would prefer to
see that done in house but I understand and would be interested to know kind of
what the the barriers are and and what and maybe this would be for to decide
today maybe at a later date because as you mentioned this was just over the
weekend so you haven't had time to can brainstorm about this but to see you
know if there's anything we could do legislatively I'll just throw us out
there including saying okay you know if you've been outstanding citation maybe
this is impossible to do this maybe it's just for the courts but then that's
that's waived or you know something like that to to reduce the the burden on
staff while still not farming out all of this to this company that I'm so glad to
be getting rid of I think the oh no go ahead and then Councilmember Briggs has
a question I think that our chief concern from a service vision standpoint
will always be giving the best customer service we can with the last thing we
wanted to have are people who are out there in the community they they have a
citation that was received prior to this effective date and we want them to have
a place where they can get the answers they need be able to take care of what
they need to take care of and do that in an efficient way rather than have to go
to three or four sources get perhaps some confusing information and I think
that's a staff what we're most concerned with with trying to make sure does not
happen in terms of a legislative approach if that you discuss I'll
respectfully defer to our city attorney and to provide any any guidance there on
on what can be done with those outstanding tickets the ability is
chapter 707 that governs this process is very statutory and set forth the process
of how the entire citation it goes through from beginning to ultimate
resolution in the courts it's it's very similar to what we would have on in any
other municipal court proceeding that for a violation of one of our code of
ordinances I've never looked at the issue but I suspect that the ultimate the
answer is going to be that that is part of the corporate system as as provided
for in statute and it'll be resolved that way it doesn't mean that the
prosecutor may not who on for all the appeals may take a make recommendations
to dismiss those cases those cases that's that's within discretion of the
prosecutor but it's something that we could research a little bit more fully
but I think the answer is it's going to be what I just mentioned or just a short
bit ago thank you councilman bricks that was one of my questions is why can't we
just say tear them up you know like you know you it's done for those that were
outstanding my and to follow that would be can we find out how many tickets are
left that are outstanding in the city that may give us a better idea of if you
know over $47,000 is is worth that amount to extend the contract I mean if
it's not many you know then give me a phone like I there's so that would be
the one thing I would like to see right now I'm really not in favor of extra
service but I'm also really not in favor of adding the extra work to our police
department customer service so I would rather just be done be done with it if
we could do that I don't know if that's a legal thing to do if the judge could
just waive all tickets before they even get to court I don't know if that's
possible or not and then if is there a a date where they have to remove the
equipment I know you said it would be kind of further along and not right away
but I would like to make sure that we have a date set settled on so that we
don't have the same frontier charter issue where their equipment is still in
our city you know five years away and we've cut down their polls you know if
we could do that and then and before all of this if we could maybe talk to the
traffic at those same intersections where these red lights were about
extending the extending the yellow light just a little on all of these thank you
I do have a little bit of information it's it's perhaps a few days old so it
may not be right to the minute updated but between our the number of tickets
that we have that are within zero to 90 days old that have been issued that
number is roughly four thousand seven hundred forty seven hundred tickets that
are that are out there of course if you go beyond that it gets much larger much
of those tickets are going to be you know they'll be uncollectible there's
nothing we can do there they're probably something that will end up having to
ride off but you could safely say that there are forty seven hundred tickets
that we have a reasonable chance of having some sort of action on and so
those have been reviewed by both red flex and the Denton PD as of now those
have been issued that's correct in terms of what is right now in our queue
sergeant Briggs do you happen to know that number
sorry thank you I know it as of this morning there were 1142 violations
pending in the queue that have not been reviewed by Denton PD personnel and
there's 382 awaiting dismissal that have looked at and we would not have written
a ticket if we had been there in person so those are ones we would dismiss
they're depending ones are dated mark I'm sorry May 10th up to May 23rd we
haven't received anything since the 23rd there they're coming it's just there's a
delay in the process thank you thank you so is that 1142 in addition to that forty
seven hundred yes ma'am okay and then the the number that you're awaiting
that's is that part of that's another man that's another from the time that a
violation is detected by the system it's about a four-day period before we have
access to it in our in our end of the system because of the love layers of
review at red flex that's a lot that's a lot a lot of people run around lights
yeah thank you
and y'all might have to tag team this a little bit sure first off out of
curiosity what's the fiscal impact of not having this this program for the
next budget year how much money do you think we're gonna lose not having a red
light ticket so it varies our revenue of course varies on the number of tickets
the most recent year that we had available I believe the city received
about five hundred and twenty thousand dollars from the most completed most
recent completed year previous years had been a little higher a little lower so
it really is dependent on that but I see David over here he might have something
a little more specific for you just a just a ballpark David Gaines director of
finance we receive about what we budgeted 1.8 million to receive this year
in revenue traditionally has been around two million dollars but then we have our
payments out for the contract and to the state so the net that we have to spend
is around eight eight to nine hundred thousand dollars on and those are in our
traffic safety funds so they have prescriptive uses we had a couple
traffic signals and a citywide traffic study that we budgeted this year out of
that fund my my other question is probably whichever the team can answer
the question what what is our collection rate and what I'm getting at is you know
if we have forty seven hundred new tickets can we historically say this is
the number that we've actually been able to collect back the fine on I can't
speak to the actual collections of revenue but just from an approval and
dismissal volume I get a weekly report from red flex and of a seven-day period
we dismiss about a third of the violations the system picks up but as
far as the actual revenue collection I don't I can't track that don't know if
red flex does for us part of the problem is because it may be months if not years
down the road before we collect on a specific individual citation what I'm
trying to figure out obviously we've got to decide if there's any utility to
extending this contract at all or you just go with the option that councilman
Briggs said he just tear him up be done with it but then still have all these
people that don't know what to do with their tickets so I mean is there is
there any scenario in which collection of the outstanding tickets covers the
cost of engaging red flicks to do that we don't I don't think we have that if
we can find out for you and see what our our collection rate has been perhaps in
the last several years if there's a trend that we can we can provide for
council council member Ryan thank you what is our current prior to this house
bill passing what was our current monthly payments to reflex what we're
paying just for them to operate the cameras do we know that I haven't known
an annual number about five hundred and forty thousand for the for the year so
12th of that monthly so 40 something 40 something probably less than what we're
they're asking for this forty seven thousand or right equal to there
somewhere in that same range there's not an appreciable lowering of what we're
paying them for the services that they would be providing post termination and
50% of whatever is collected goes back to the state is that correct it's a
split between the city and the state yeah so they get they get 50% and then
we pay for red flecks and we get to keep what's left so I don't see any reason
for us to try and collect on those forty seven hundred tickets when half of that's
going back to the state and we've still got to pay almost the same rate as when
we were actively using the cameras it just I think this this issue has made
the paper several times most people are going to be questioning why there's why
they even have the ticket should they even have to pay it there's not really
much because it's a civil violation there's not really much we've got in
recourse since our county tax collector also does not believe in collecting them
as some counties do at the registration process so I'm in favor of just letting
it go okay
yeah so I want to add to that well obviously I agree you know and also just
to add to point out that it's my belief anyway that that we shouldn't be seeing
that any money we get from from any violation of any kind as as revenue but
it's just a way to the idea is as I understand a way to hold people
accountable and and in this case for safety so I would like to see echoing
what councilmember Briggs mentioned before about you know extended yellow
light light timing so I would love to see discussion I guess this would be for
for traffic engineering I say discussion but I like them discuss amongst
themselves you know staff reports on you know maybe to come back to us at a
future date maybe not I'm not sure they're probably doing it already but to
look at what are good ways to prevent you know kind of with starting with a
blank slate it really doing a lot of research on what are good ways to
safely prevent people from running red lights because you know I've seen the
the data on on the the debatable effectiveness of these cameras so kind
of we're still stuck with traffic safety issues that that that we need to address
so I think this is a good opportunity to address that and you know not to worry so
much about this the revenue issue okay and councilmember Briggs so I I'm in
favor of determination I'm just looking up there in the ordinance yes but to
councilmember Davis's question on council for the past few years in the budget we
have not gone into that because of the fact if council did want to cancel the
contract there was a termination percentage and so they were trying to
hold in at least a certain amount to cover that so we haven't been spending
out of that traffic safety Commission or not Commission but budget fund fund for a
few years a little at a time but not near as much as we didn't want to eat
up all the balance in case this didn't pass and we decided to get rid of it so
I think there's probably still quite a bit of money in there right and we can
still use that it's about 2.8 million dollars in the fund balance we've been
holding at least over a million in it for since I've been on council so that
can still be spent but my question is because I I'm in the same boat as not
wanting to collect it it's gonna be difficult to get our residents to pay
the bill knowing that there is this legislation that says you we're not
going to have them anymore but is there what is our what is our
recourse if they don't and does it affect their credit history I mean if we
continue to do it and they don't I'm just I don't want it to negatively
impact anyone so we did discuss this internally and it will not impact their
credit history in addition to that if the the offender lives in Denton County
the tax assessor collector has not adopted the practice of withholding
vehicle registration so what we determined was the the the impact of not
paying on a on a citation would that it would go to collections and it would
kind of run its collections course from there you'd have a collections company
calling you to try to seek what is owed and there would not be much more than
that that we were aware of as a team and so for me we pay those collections to
try to collect that collection and I think that's kind of a waste of money in
this in this instant on these extra outstanding tickets I don't believe that
we pay the collection companies I believe we just we just pay red flex and
they contract with the collection company themselves so it's not with our
regular collection companies because I know we send out RFPs for collections of
past due accounts and things like so this is separate this is separate this
is we only have our contract with red flex any collections that that they hire
as a third party that is strictly through them and that's not not part of
the city okay so so the direction you were seeking for tomorrow is to frame
it for me again sure well first we just want to notify the council that would be
bringing forward an ordinance on the 11th for the termination and then any
direction that council would like to give staff with regard to proceeding for
those post termination activities within what we are able to do from a legal
standpoint if there's a desire from council to try to sink any and all
avenues to disregard as many of those currently outstanding tickets as
possible or to have a hard stop right without that effective date and treat
everything that occurred before as a legal and valid ticket which we can do
under House Bill 1631 okay and so what I'm hearing is a couple of things and
then I got to clarify one other thing and we'll be we'll be done so hard
deadline on the equipment I know councilmember Briggs had mentioned that
so I'd ask staff to give us their feedback on that I'd like to a component
that it's a signage right so I'm assuming that's ours to take down the
signage no right turn or cameras etc so if it's strictly to generic traffic law
those are more than likely our signs but if it's specific to the the camera
themselves those are belong to Red Flex okay so as part of this it wasn't part
of the presentation but once we have a firm direction going forward we would
make a very strong concerted effort to communicate that out to the community a
simple component being these cameras may continue to flash for a little bit
nothing's gonna land in your mailbox but that's another piece of information
that we can send out sure yeah so I think primarily the signage is if I mean
assuming they have to schedule time to get in the lane to take the you know the
pole out whatever they have to do there and so I think but the signage I think
if we could make that a priority maybe and then come back and then if they
overnight so how do they do that I personally I would like to hear from
staff on what infrastructure will be left and what is there a use for that
so let's just a general analysis of there was a street pole here with the
camera on it when it's gone there'll be a cap and it'll be flat or there'll be a
pole that we can use for or we can mount a camera ourselves just kind of what a
staff want to do with infrastructure that's there and then yeah I think
that is the just of it I think there's Councilmember Davis do you have a
leaning yeah no I definitely lean towards just tear them all up option I
mean if there's no effective way for us to make collection after terminating
agreement with red flex because one we're not taking that on to we don't
have the data to do it my only real concern is if we're doing that that
means that we are making no further collections on any tickets whether you
got six months or two years ago because red flags correct if I'm wrong but they
were doing all of the collections for this correct that's correct so so we
just need to be real clear with ourselves and with the public that we're
not just tearing up the last 90 days of tickets we're tearing up any ticket that
has not yet been collected to this point if we terminate our relationship with
red flex so we just need to be prepared for questions about fundamental fairness
of well I got my ticket two years ago and paid it my neighbor who got a ticket
two years ago didn't pay it and went to collections well you know we're now you
know I'm the fool that paid my ticket the other thing is I'm concerned a
little bit about data if before we terminate our relationship with red flex
and send them off with no further of our money that we collect as much data from
them as we can I know that's useful if nothing else there's traffic counts
there we know we already have identified which intersections need some kind of
red light intervention and now we can maybe get some numbers behind that and
prioritize making traffic changes in the future
yes sir I hate to just terminate that relationship without getting the data
the other thing too is from a public I guess a public relations standpoint to
the earlier point that if we know that these are no longer enforceable and now
we're here you know streaming this on the web saying the City Council would
rather not enforce any of them at all going forward can we just send somebody
out the trash bag to cover the thing up so it doesn't flash on anybody and nobody
thinks that they're they're getting a ticket in the mail and the City Council
said they're not getting a ticket in the mail I mean is there anything our
contract with red flex that says we can't just obstruct it somehow or put up
our own sign next to it that says a temporary sign that says this is an
unenforceable thing don't worry about it don't call Keely at midnight because
you're not going to get a ticket in the mail they will I think we can we can
certainly discuss with the red flex it is their their property so we would have
to do that in partnership with them but there may be some options there we can
make it very clear that the cameras are no longer they're no longer operational
yeah not not defacing the thing not destroying any of their property but
somehow notifying the public that it's it's a don't worry about the flash we
could to your point put a sign up right in front of their existing sign we can't
touch their equipment in any way that's according to the contract even if our
contracts going away in a minute yes but they are contract also says that that's
their termination provisions that they'll come get it and so forth and I'm
sorry I'm Katherine Clifton I'm from the legal department okay and okay
Councilman Ron just to follow up on that same item who does the actual final
connection in our traffic control box is that something our traffic control
hooks up that lets them know when it goes red because if that's the case we
may be able to just disconnect the signal going to the camera letting them
know that it's gone red in which case it won't flash sorry I don't know for sure
but we can find out and get that back to you guys okay okay so that's a non
engineer in this meeting well yeah I was just gonna say we have the wonderful
didn't record Chronicle here in in our audience I mean they could write you
know something and we have press releases we have all sorts of things that
say you know this isn't I have actually gotten a message from somebody recently
my dad got a ticket yesterday do I need to pay it you know so those questions
are out there people are still you know they're they don't want to and they're
probably not going to but they're still curious but I liked your idea I was
thinking more of like a cardboard though cut out and then we could draw a face on
it it says you know but I thought that would be way fancier than I was it's
more environmentally friendly too because it's recyclable a question
because I'm okay go ahead yeah yeah just along those lines whatever
communication you know we have with the public about what the policy is going to
be moving forward about the legislation because not everybody knows and there
there are people who don't even know that there was so legislative you know
session happening so that we have that in Spanish as well as English you know I
think that's key to all communications especially something like this I'd hate
for you know people to be paying just because they didn't get the the English
language communication okay yes sir mr. attorney I just wanted to add for the
council that we will take a look at some of the legal issues that have been
brought up here today and included in a confidential attorney-client privilege
legal stash report for this Friday so that to help you with your decision on
Tuesday in addition we'll also schedule a closed session just in case you all
need to do need to go into into closed session on this item okay right and that
gives you it's pretty pretty succinct yes I have our direction all right thank
you very much I appreciate it and I will in that item at 2105 pardon me and then
in this lunch session for today at the same time 205 will be adjourned till
tomorrow