Minutes January 18, 1994CITY OF DENTON CITY COUNCIL MINUTES
January 18, 1994
Work Session of the City of Denton city Council on Tuesday, January
18, 1994 at 5:15 p.m. in the civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem smith; Council Members
Brock, Cott, Perry, and Miller.
ABSENT: Council Member Chew
1. The Council did not meet in Executive Session during the Work
Session.
2. The Council received a presentation and held a discussion
regarding the Comprehensive Annual Financial Report, the Single
Audit, and the Management Letter for the year ending September 30,
1993.
Kathy DuBose, Director of Accounting and Budget Operations,
reviewed the Comprehensive Annual Financial Report which contained
an introductory, financial and statistical section. The report
included all funds and account groups of the city and contained
information which compared each different division within the
general fund to its budget both actual and encumbrances.
Council Member Chew joined the meeting.
DuBose continued with the results of operations for the utility
fund. The increase in retained earnings for the electric fund was
$926,000; for the water system, $2 million; and for the wastewater
system, $i million. There were no deficits and no ending losses in
any of these funds. Another section of the report indicated
comprehensive notes to the financial statement which detailed the
activity during the years while another section indicated
statistical information for the last 10 years. One comparison in
the statistical area indicated property tax rates and levies for
the city, County and the School District. The City went from $6
million to $13.7 million in ten years. The School District
increased $23 million in same time period and the County increased
$20 million in that same time period.
George Scott, Deloitte & Touche, stated that they had performed an
outside audit for the City done in conformance with general audit
standards and in accordance with government audit standards. Their
opinion of the general purpose financial statements was unqualified
and was a clean opinion. The City's financial statements fairly
represented the economic condition of the City as of September 30,
1993. The general accepted auditing standards and Government
auditing standards required that they plan and perform an audit to
obtain reasonable assurance whether the general purpose financial
statements were free of material misstatements. An audit included
examining, on a test basis, evidence supporting the amounts and
City of Denton City Council Minutes
January 18, 1994
Page 2
disclosures in the general purpose financial statements and
assessing the accounting principles used and significant estimates
made by management. The Single Audit Report was a series of
reports addressing various issues of compliance with federal laws
and regulations. One report addressed the internal control
environment of the City and the second addressed compliance with
federal laws and regulations. It was found that the internal
control structures of the City were operating and were in
compliance with the City's policies and procedures. Testing for
compliance with federal laws and regulations found no situation
where there was a compliance issue. A third report was a report to
management to review the internal control structure and
administrative environment. There were five items mentioned in
that management report which included (1) cash and investments
which suggested that the City review if its policies and depository
agreement regarding the maintenance of pledged collateral were
adequate to ensure appropriate security of City assets; (2)
contributed capital received from developers was received by the
Engineering Department and it was suggested that the Accounting
Department establish periodic communication with the Engineering
Department to ensure that the methodology and responsibility for
recording contributed capital was clearly defined; (3) inventory
procedures should be modified so that the Purchasing Department
verified all inventory reports for accuracy and the Accounting
Department should compare the IN40 report received to a report on
physical inventory counts to ensure proper recording of year-end
inventory; (4) the Internal Auditor should continue to focus on
projects which could provide the City with cost savings through
direct financial recovery or savings for the City; and (5)
investigate the potential uses of current systems in Data
Processing to reduce paper flow and increase efficiency.
John McGrane, Executive Director for Finance, presented Council
with a response to the Management Letter. In the area of cash and
investments the City agreed with the suggestion to consult with the
City's legal counsel to determine if the City's policies and
depository agreement regarding the maintenance of pledged
collateral were adequate to ensure appropriate security of City
a~t~. In re~pon~e to the Contributed Capital observation the
City had instituted procedures whereby the Engineering Department
would forward the contributed capital evaluation to the Senior
Utility Accountant in the Accounting Department for recording. The
City agreed with the recommendation regarding the inventory
procedures and would comply with it during the next physical
inventory process. The City also agreed with the recommendation
that the Internal Auditor should continue to focus on projects
which would provide the City with cost savings through direct
financial recovery or savings for the City. In regards to the Data
City of Denton City Council Minutes
January 18, 1994
Page 3
Processing observation, the City had already begun operational
studies on the fleet management and inventory systems. A task
force had been formed to look at a long range strategy for both
information and technology.
3. The Council received a report, held a discussion and gave
staff direction concerning the City's Wellness Program.
Tom Klinck, Director of Human Resources, stated that on December
21st two subcommittees of the Wellness Committee reviewed the
wellness recommendation to Council and reconfirmed the Committee's
approach to wellness for 1994. The purpose of the wellness program
was to make a commitment to health and wellness. The 1989-93
wellness initiatives included employee use of parks and recreation
facilities with free membership, TWU Wellness Center discount
membership, flexible work schedules to allow employees to exercise
during the work day, Wellness Day Fair, Wellness Wednesdays, and
exercise and smoking cessation programs. The long term goals of
the Committee were to reduce individual and organizational health
care costs, reduce potential for workers' compensation costs,
increase employee productivity and reduce absenteeism and sick
leave use and increase employee morale. Phase One - Year One
would implement -the wellness program through a health risk
assessment for employees, develop health and wellness education,
disseminate the health risk profiles, evaluate the organizational
profile, and prepare 1994/95 budget recommendations. Phase Two -
Year Two would include increased participation in the health risk
assessment, conduct health and wellness education programs,
disseminate the health risk assessments, develop wellness program
incentives for employees, and update the organizational summary of
health risk. Phase Three - Year Three would expand the health risk
assessment to employees and dependents, determine the feasibility
of expanding physical fitness/recreation, consider an on-site
wellness coordinator, and determine a reduction of health risk at
the three year mark. Phase Four - Year Four would consider the
feasibility of an on-site wellness coordinator, continue with the
health risk assessments for employees and dependents, update the
organizational summary of health risk, and coordinate the summary
with health insurance bid. Phase Five - Year Five would reassess
organizational participation at the five year mark and evaluate
whether the program's goals were met. In 1994, the proposal was to
direct the wellness activities toward gathering information that
could assure the City that it was focusing its resources where the
most impact and results could be accomplished. An overall profile
of City employees' wellness was the most important and initial
step. It was recommended that employees participate in a voluntary
and confidential health risk assessment. This assessment would
provide confidential information concerning an employee's health
City of Denton City Council Minutes
January 18, 1994
Page 4
and wellness lifestyle practices and habits. It would also provide
a comprehensive profile report on the health and wellness of the
City's workforce. This information would be used to target
specific health and wellness problem areas. Participation would be
voluntary with incentives (non-monetary) to try and reach 80% of
the employees to participate. The Wellness Wednesdays would also
continue. The 1993-94 budget included $19,000 for wellness. It
was estimated that the cost of the health risk assessment would be
$17,000 at $25 per employee. Any remaining funds after the
assessment would be used to expand the Wellness Wednesdays.
Council Member Miller asked if the health assessment would be an
annual program.
Klinck replied yes that it would be an annual assessment.
Council Member Miller asked at what point would the assessment not
be of value on an annual basis.
Joseph Portugal, Assistant to the City Manager, stated that the
initial year tests would not be much more sophisticated than basic
tests. Subsequent years it could be enhanced to include chest x-
rays, etc. to continue to test the employee to help plan for a long
term assessment profile. Over time there would be the data
available to determine how the program was working.
Council Member Miller asked about funding for smoking cessation
programs.
Klinck replied that under the current benefits package, patches
were not covered. In the future it might be considered to cover
patches in the Wellness Program to assist employees to stop
smoking.
Council Member Cott asked why the City was paying for wellness at
no cost to the employees and not making it mandatory.
Klinck replied that the first year of funding was for $19,000.
That would only purchase the initial h~alth ri~k as~ment to
provide general health data on employees.
Council Member Perry stated that there was no mention of
psychological well-being in the program.
Portugal replied that the employee questionnaire had such questi~n~
built into it.
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City of Denton City Council Minutes
January 18, 1994
Page 5
Council Member Brock stated that such a program would overall
reduce costs for an organization. Claims per employee were lower
going through the wellness program and would ultimately save the
taxpayers money.
Council Member Cott stated that if
program, it should be made mandatory.
with the program if it were mandatory.
the City believed in the
He would not have a problem
Mayor Pro Tem Smith stated that it was not possible to make
everyone become involved. The City needed to pay for the
assessment as an incentive to starting the program.
Klinck presented the time schedule for January through May for the
assessment process.
Consensus of the Council was to proceed with the recommendation.
The Council convened into the regular meeting of the City of Denton
City Council on Tuesday, January 18, 1994 at 7:00 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Cott, Perry, and Miller.
ABSENT: Council Member Chew
7:00 p.m.
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Regular
Session of December 7, 1993, the Executive Session of December 14,
1993, and the Regular Session of December 21, 1993.
Perry motioned, Smith seconded to approve the minutes as presented.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Council Member Chew joined the meeting.
3. The Council considered approval of a resolution of
appreciation for Robert Hagemann.
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City of Denton City Council Minutes
January 18, 1994
Page 6
The following resolution was considered:
RA94-001
RESOLUTION OF APPRECIATION FOR ROBERT HAGEMANN
Brock motioned, Chew seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
4. The Council considered approval of a resolution of
appreciation for Thad Blocker.
The following resolution was considered:
RA94-002
RESOLUTION OF APPRECIATION FOR THAD BLOCKER
Chew motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
5. Consent Agenda
Perry motioned, Brock seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Cott "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
A. Bids and Purchase Orders:
2.
3.
4.
5.
Bid #1570 - James Street Box Culverts
Bid #1564 - Conversion of Computer Circuit Breakers
Bid #1566 - 69 KV Circuit Breakers
P.O. #41955 - Temple - Underground Power Cable
P.O. #41495 - Cummins - PVC Conduit
B. Tax Refunds
Safeco Land Title Co. for William A. Lynch -
$575.58
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City of Denton City Council Minutes
January 18, 1994
Page 7
6. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.2. - Bid #1564, 5.A.3. - Bid
#1566)
The following ordinance was considered:
NO. 94-006
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (5.A.1. - Bid #1570)
The following ordinance was considered:
NO. 94-007
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Smith motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance providing
for the expenditure of funds for emergency purchases of materials,
equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of
competitive bids. (5.A.3. - P.O. #41955, 5.A.4. - P.O. #41495)
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City of Denton City Council Minutes
January 18, 1994
Page 8
The following ordinance was considered:
NO. 94-008
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (Bid #1571 - compost grinder)
Bob Nelson, Executive Director for Utilities, stated that this item
was for a compost grinder which was part of the yard waste
reduction program and part of 1994 CIP program. The equipment
would be used to grind brush and use it as compost at the
Wastewater Treatment Plant. When the equipment was originally bid,
the low bid was $125,000 but it did not have the proper loading
device on the equipment. It was decided to rebid the unit in order
to get the proper equipment on the machine. The second bid from
the same company was too high plus had a 75 day deliver. The
second low bid had a 5 day delivery and a tractor loading device
which was more functional. Staff and the Public Utilities Board
felt that the bid from Stewart and Stevenson was the best bid and
recommended approval.
The following ordinance was considered:
NO. 94-009
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
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City of Denton City Council Minutes
January 18, 1994
Page 9
E. The Council considered adoption of an ordinance providing
for the renaming of Greenfield Woods Parkway to Deerwood Parkway.
(The Planning and Zoning Commission and the Historical Landmark
Commission recommended approval.)
Frank Robbins, Executive Director for Planning and Development,
stated that this ordinance would rename the street to Deerwood
Parkway. There were no addresses currently on the street and Would
not be a conflict with 9-1-1. The Planning and Zoning Commission
and the Historic Landmark Commission recommended approval of the
request.
The following ordinance was considered:
NO. 94-010
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
RENAMING OF GREENFIELD WOODS PARKWAY TO DEERWOOD PARKWAY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance repealing
Ordinance No. 93-227 and substituting therefor an ordinance
allowing certain employees of the City who have terminated previous
memberships in the Texas Municipal Retirement System, to deposit
the sums so withdrawn, plus annual withdrawal charges, and allowing
and undertaking the cost of allowing any such employee credit in
such system for all service to which such employee had been
entitled at date of such withdrawal, with like effect as if all
such service had been performed as an employee of this City.
City Manager Harrell stated that this proposal had been part of
this year's budget and provided for the implementation of prior
service buy back. The previous ordinance indicated an effective
date of December 11, 1993 in accordance with directions from TMRS.
Within the last few weeks TMRS had contacted the City and asked
that the effective date be changed to December 27,1993.
The following ordinance was considered:
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City of Denton city Council Minutes
January 18, 1994
Page 10
NO. 94-011
AN ORDINANCE REPEALING ORDINANCE NO. 93-227 AND SUBSTITUTING
THEREFOR AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY
WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL
RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS
ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE
COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR
ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE
OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE
HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
G. The Council considered adoption of an ordinance amending
Chapter 29 of the Code of Ordinances of the City of Denton, Texas
to provide for the adoption of the Uniform Fire Code, 1991 Edition;
providing for amendments thereto; reestablishing permit fees;
providing for a penalty in the amount of $2,000 for violations
thereof; providing for a severability clause; and repealing all
ordinances in conflict therewith.
Bob Hagemann, Fire Marshall, stated that this ordinance would
update the City's Fire Code from the 1985 to the 1991 code.
Council Member Cott asked if this had been discussed with the home
builders and the Chamber of Commerce.
Hagemann replied no.
Mayor Pro Tem Smith asked what was included in the updating. Were
there any significant changes between the two codes.
Hagemann replied that the 1991 code was merely an updated version.
city Manager Harrell stated that the fire code was a very technical
document which was reviewed by individuals familiar with such
technicalities and was not usually filed with the Chamber for
review.
Council Member Brock asked where the Code originated and who
evaluated that Code.
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City of Denton City Council Minutes
January 18, 1994
Page 11
Hagemann stated that the model code was written by international
building officials and by the Fire Chiefs Association.
Council Member Miller stated that he had checked with staff
regarding any major changes in the new code and was satisfied that
there were no major changes. He felt it did not need to be sent to
the Chamber.
Council Member Cott suggested postponing action for a week so that
the Chamber could review the new code.
Council Member Chew agreed with Council Member Miller that the code
did not need to be reviewed by the Chamber.
The following ordinance was considered:
NO. 94-012
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE
UNIFORM FIRE CODE, 1991 EDITION; PROVIDING FOR AMENDMENTS
THERETO; REESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY
IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR
A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock.~"aye'', Cott, "nay", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
H. The Council considered adoption of an ordinance
authorizing the Mayor to execute a supplemental agreement to a
contract between the City of Denton and the United States of
America for recreational development at Ray Roberts (formerly
Aubrey) and Lewisville Lakes. (The Public Utilities Board
recommended approval.)
Bob Nelson, Executive Director for Utilities, stated that this
project had covered a long period of time. He presented a time
line of the project. In 1985 Ray Roberts Lake was authorized by
Congress and required recreation development associated with the
project. Denton and Dallas signed the contracts in 1980 with Ray
Roberts and Lewisville Lakes operating in tandem. As a result of
that %andem Qperati~n, Lake Lew£~ville wa~ rai~d 7 f~et in 1987
which added additional recreational space on Lake Lewisville. The
Federal Government required the local sponsors and the Corps to
build recreational facilities on Lake Lewisville. In 1982 Dallas
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City of Denton City Council Minutes
January 18, 1994
Page 12
and Denton, with the support of the Texas Parks Department, asked
that a greenbelt be built between the two reservoirs along the
Trinity River instead of additional parks on Lake Lewisville.
Reasons for the greenbelt concept were that it could guard against
the stream pollution, the State at that time was building the
Hackberry Park on Lewisville, the cost was much less, the State
offered to operate the greenbelt but the cities would have to
operate parks on Lake Lewisville, and environmentalists urged the
development of a greenbelt. The Corps agreed to substitute a
greenbelt provided the cities would participate on a 50-50
development basis of Hickory Creek Park in which the Corps would
operate the Park. The Park was built at a cost of $4.5 million.
In the early 1980's there were some questions as to whether the
1965 law authorized the use of federal funds on the greenbelt and
in 1986 Congress approved the use of federal funds on the
greenbelt. In 1990 Congress set the federal funding at 37.5% and
changed the land value basis from pre dam to post dam values. In
1992 the City Council approved a letter of intent with the Corps to
proceed with the greenbelt. The Assistant Secretary of the Army
signed the agreement authorizing the Corps to proceed on the
greenbelt in 1993. The greenbelt would extend from Highway 380 to
the Ray Roberts Dam. Greenbelt acreage would include 1600 acres,
660 acres would be fee simple, 440 acres would be flowage easement
of Lewisville Lake purchased as fee simple, and 500 acres would be
conservation easement. The greenbelt would be 1000' to 2000' wide
and the cost of the greenbelt was estimated at $9.3 million.
Denton would have 16.25% at a cost of $1.671 million or $117,000
per year. Completion date was estimated to be 1997. The
development of the area would have a fence on the edge of the fee
simple area and a conservation easement back from the fence. The
existing landowners would be able to use the property for the same
agricultural purposes they now do. The Corps would install
pedestrian gates in the fences if landowner so desired. The
purpose of the supplemental document was to amend the original 1980
document which followed federal law and now authorized federal
funds on the property. It also changed the percentage values to
recognize that Denton would pay 16.25%
Council Member Cott stated that the cost of the property would be
approximately $500 per acre.
Nelson stated that the actual price of the land was approximately
$6.3 million for the value of the land. The amount of land which
would be bought was 660 acres of fee simple, 440 acres of flowage
and 500 acres of conservation easement - which left'the use of the
property to the landowner but did not allow building on that
easement.
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City of Denton City Council Minutes
January 18, 1994
Page 13
Council Member Cott asked if the landowners were notified of this
particular meeting.
Nelson stated not that he was aware of. Such activities were well
published. In September of 1992 there was a public hearing in
Pilot Point regarding the issue. The Corps presented their issues
at that point. Since that time, the Corps had had two lake
information meetings.
Council Member Cott felt that the landowners had not been properly
notified regarding this meeting.
Mayor Castleberry indicated that there were speaker cards on this
item.
Robert McCallum stated that Mr. Nelson had given some wrong facts
regarding the issue. In regards to the conservation easement, the
property owners could not drive, hunt, spray or cultivate the
property. The easement was very restrictive and in fact was a
taking of property. It was characterized that this was only a
conservation easement but it would destroy the use of property in
the area. The State of Texas declined to pay their 25%. Mr.
Nelson's figures were all based on the fact that the Parks and
Wildlife Department would assume the operation and maintenance of
this area. That agreement had not been reached. The City of Dallas
did not know if the Parks and Wildlife would operate the area.
There was no agreement signed for this proposal. To approve the
proposal tonight would obligate the Council to operate and maintain
the area unless the Parks and Wildlife agreed to maintain the area.
The Council should go to Parks and Wildlife for an agreement before
assuming the obligation.
Trey Martino stated that he was concerned with what the project
would do to the value of the land for grazing and agriculture uses.
He was also concerned about safety issues and what problems might
be caused with the project. As the County could not control the
right-of-way along the highway under Clear Creek, what would happen
to an eleven mile stretch. The safety issue was important to him.
Robert Venable stated that he had only received notice this morning
of the meeting and did not have a chance to view the original
agreement nor the supplemental agreement. He asked the Council to
postpone consideration until the landowners had adequate time to
review the documents.
Mary Denny stated that she was State Representative for District 63
and in that capacity served on the House Agriculture and Wildlife
Management Committee. One of the areas of responsibility for that
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City of Denton City Council Minutes
January 18, 1994
Page 14
Committee was oversight of Texas Parks and Wildlife. In the
appropriations passed for parks and wildlife for this biennium
there was no additional funding for this greenbelt. The State was
not funding any extra projects and this project was not included in
the current funding. Many landowners did not receive adequate
notice regarding this meeting and felt that any Council action
might be premature. She had serious questions about the
preparedness of the State to take over responsibility of the area.
Council Member Miller asked if the City of Dallas would be
considering a similar agreement.
Nelson replied that both Dallas and Denton as local sponsors would
have to approve the amendment. It was anticipated that the City of
Dallas had the amendment scheduled for consideration in February.
Council Member Miller asked about the facts concerning the
conservation easements.
Nelson replied that he had not read verbatim the conservation
easements. He knew what the Corps of Engineers had expressed in the
public hearings in which the Corps would continue to allow the
property to be used for the existing agricultural purposes.
Council Member Miller asked if there was some type of requirement
by the Corps of Engineers that there be some type of park or
greenbelt in the area. This agreement had already been approved by
the Corps.
Nelson replied correct. Hearings started on the proposal in the
early 1950's. The greenbelt project was originally proposed in a
1974 supplement by the Corps of Engineers. In 1975 the U.S. Fish
and Wildlife Service endorsed the proposal and in 1976 the Parks
and Wildlife endorsed the proposal. Denton and Dallas, under the
1965 law, were required to put recreational facilities on Lake
Lewisville. The cost of those facilities and the daily maintenance
of those facilities was high and was the reason for the greenbelt
concept.
Council Member Miller asked if there had been discussions with the
Parks and Wildlife Department regarding maintenance of the area.
The current biennium did not provide for the funding of such but
the project would not be completed until 1997.
Nelson replied that early in the proposal, the Parks Department had
expressed that they would operate the parks. In the letter of
1991-92 when they withdrew their capital funding, they also put a
cloud on whether they would pay the operating costs of the
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City of Denton City Council Minutes
January 18, 1994
Page 15
greenbelt. There was no firm agreement on whether they would
operate the greenbelt at their expense. They had expressed an
interest in operating the greenbelt but wanted to be subsidized by
the cities of Denton and Dallas for those costs which they could
not recoup through some type of fee. They were under contract for
the parks system on Ray Roberts and there was a possibility that
this could be operated in conjunction with those facilities.
Denton would pay 26% of any costs and Dallas would pay 74% of any
unreimbursed operating costs.
Council Member Miller asked what the attitude of the Corps would be
if the City did not approve the supplemental agreement.
Nelson replied that there were many different entities moving on
line in anticipation of this project. If the City did not approve
the supplemental agreement the Corps would probably continue to
point out that Denton still had a recreation development obligation
somewhere on the Lewisville area of the lake. Those projects were
expensive as was the operating expenses.
Council Member Miller asked about the time frame for approving the
agreement.
Nelson replied that there was no particular hurry regarding the
approval but did not think the Corps would purchase any property
until Denton and Dallas entered into the contract.
Council Member Cott felt that the City should have notified the
property owners before this meeting. When the river was fenced,
cattle in the area might need to use it when there was a drought.
He felt the Council needed to postpone action.
Nelson stated that there was no intention to not keep the public
involved. It was the responsibility of the Corps to deal with the
landowners. The City had no direct dealing with the property
owners.
City Manager Harrell stated that the City's relationship had been
between the Corps and the City of Dallas, contracting with the
Corps to be the contact agency with the landowners. The Corps
would hold the public meetings and negotiate for the right-of-way.
This was not a new issue. This was an issue that not only this
Council but several previous councils had endorsed through
incremental steps. This debate was not whether to spend
recreational money to d~v~lop ~reati~nal facilities as by law
Denton and Dallas must do so. The debate was whether the citizens
of Denton and the region would receive more public recreation
benefits through the City's payments to the Corps of Engineers
18
City of Denton City Council Minutes
January 18, 1994
Page 16
developing this unique recreational opportunity between the two
lakes. Past councils felt that this project made sense.
Council Member Brock stated that developing some kind of
recreational facility to replace that which was lost when Lake
Lewisville was raised, was part of the price that Denton paid for
the water of Lake Ray Roberts. Denton had no choice regarding the
development of some type of recreational facility.
Nelson stated that in the original contract and in the 1965 law
which authorized the reservoir, there was a requirement for a
certain amount of recreational facilities on Lake Lewisville.
Council Member Perry stated that he had tracked the project since
he had been on Council and that it had a long history from prior
councils. This was not a hasty consideration as it was a ten year
project with many opportunities for citizen input.
Mayor Pro Tem Smith stated that the supplemental agreement did not
change the fact that there was an agreement to provide a facility.
It brought up to date the fact that the Corps had approved the
project and set out the figures for completion. It had nothing to
do as to whether or not it would happen.
Nelson replied that the City had the responsibility for
recreational facilities and the greenbelt was selected as the
master plan and what Congress had authorized and allocated money
for.
Mayor Pro Tem Smith stated that the supplemental agreement did not
change the initial agreement and set out how the project would be
done.
Nelson stated that it set out the percentages and reflected those
items which federal law indicated pertained to the project.
Council Member Cott stated that the specific difference was that it
put down the place. The last meeting regarding this proposal was
in 1988 or 1992. In order to be fair there was a need to have the
landowners present before Council approval.
Council Member Miller stated that the decision had been made and
felt that the landowners wanted that decision to be reversed.
Hearings had already been held and this was not a public hearing.
This ordinance only took care of the paperwork for something
already done.
19
City of Denton city Council Minutes
January 18, 1994
Page 17
The following ordinance was considered:
NO. 94-013
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE A SUPPLEMENTAL AGREEMENT TO A CONTRACT
BETWEEN THE CITY OF DENTON AND THE UNITED STATES OF AMERICA
FOR RECREATIONAL DEVELOPMENT AT RAY ROBERTS (FORMERLY AUBREY)
AND LEWISVILLE LAKES; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
I. The Council considered adoption of an ordinance creating
a Municipal Court of Record in the City of Denton; amending
sections of the Code of Ordinances of the City of Denton; and
providing for severability.
Council Member Cott left the meeting.
City Manager Harrell stated that State legislation last year
authorized the creation of a Denton Court of Record. This
ordinance placed that authorization into existence and provided for
an effective date of August 1, 1994.
The following ordinance was considered:
NO. 94-014
AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING A MUNICIPAL
COURT OF RECORD IN THE CITY OF DENTON; AMENDING SECTIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned for approval of the ordinance for former Council
Member Jim Riddlesperger, Perry seconded the motion. On roll vote,
Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
J. The Council considered adoption of an ordinance approving
an agreement between the City of Denton and Denton Independent
School District; authorizing the City Manager to execute the
agreemen%; and approving the expenditur~ of fund~ therefor.
Mayor Pro Tem smith left the meeting.
20
City of Denton city Council Minutes
January 18, 1994
Page 18
Eric Billips, Human Services Specialist, stated that this was the
last of the human service agency recommendations for funding under
the general fund budget. Under this program the City of Denton
would enter into an agreement with the DISD authorizing the Teens
Taking Responsibility for Parenting Success Program to spend City
funds for the purposes of providing child care for the students
enrolled in that program. The maximum amount to be spent was
$20,600 on a reimbursement basis.
Mayor Pro Tem Smith returned to the meeting.
The following ordinance was considered:
NO. 94-015
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON INDEPENDENT SCHOOL DISTRICT; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
K. The Council considered adoption of an ordinance
canvassing returns and declaring results of a sales and use tax
election held within the City on January 15, 1994.
Council Member Cott returned to the meeting.
The following ordinance was considered:
No. 94-016
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CANVASSING RETURNS
AND DECLARING RESULTS OF A SALES AND USE TAX ELECTION HELD
WITHIN THE CITY ON JANUARY 15, 1994.
Miller motioned, Chew seconded to adopt the ordinance with the
numbers as read by the City Secretary. On roll vote, Brock "aye",
Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye",
and Mayor Castleberry "aye". ~Motion carried unanimously.
7. The Council considered nominations and/or appointments to the
Solid Wa~t~ Ma~t~r Plan Committee.
Mayor Castleberry asked Council for their nominations.
21
City of Denton City Council Minutes
January 18, 1994
Page 19
Mayor Pro Tem Smith had nominated Joyce Pool at a prior meeting.
Council Member Chew nominated Alton Scales.
Council Member Perry nominated Leonard Herring.
Council Member Brock had nominated Allen McMillan at a prior
meeting.
Council Member Cott nominated Doug Ebersole.
Council Member Miller had nominated Dale Branum at a prior meeting.
Mayor Castleberry nominated A1 Stenzel
Miller motioned, Perry seconded that Council suspend the rules and
elect these nominations at this meeting.
Mayor Pro Tem Smith requested a brief outline of the qualifications
of the nominees which the Council provided.
On roll vote of the motion to suspend the rules, Brock "aye", Cott,
"aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Perry motioned, Brock seconded to appoint the above nominations to
the Solid Waste Master Plan Advisory Committee. On roll vote,
Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
8. The Council considered appointments to the Tax Abatement
Committee.
Council Member Brock nominated Mayor Castleberry and Mayor Pro Tem
Smith to the Tax Abatement Committee.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
9. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. Following the election on Saturday, the Denton Record-
Chronicle implied that there had been a low voter turnout. The
current election was approximately 600 votes more than the 1986
City of Denton City Council Minutes
January 18, 1994
Page 20
bond election.
10. There was no Executive Session held during this meeting.
11. New Business
There were no items of New Business suggested by Council Members
for future agendas.
12. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 8:30 p.m.
CITY OF DENTON,
ACC0018F