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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. 7 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. 8 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 9 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) 10 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. 11 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: 12 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. 13 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 14 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. 15 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 16 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 17 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