Minutes September 15, 1987 .~ CITY OF DENTON CITY COUNCIL MINUTES
September 1S, 1987
The Council cOnvened into the Work Session at $:00 p.m.
Civil Defense Room.
in the
PRESENT:
Mayor Stephens; Mayor Pro Tem McAdams; Council
Members Alexander, Ayer, Boyd, Gorton and Hopkins.
ABSENT: None
261
1. The Council went into Executive Session to discuss
legal matters, in particular litigation including the County of
Denton vs. the City of Denton, real estate including
consideration of the offer to purchase the CountY's interest in
Flow Hospital and personnel/board appointments. No official
action was taken.
The Council then convened into the Regular Session at 7:00 p.m.
in the Council Chambers.
PRESENT
Mayor Stephens; Mayor Pro Tem McAdams; Council
Members Alexander, Ayer, Boyd, Gorton and Hopkins.
ABSENT: None
The Mayor presented the following proclamations:
Ae
Jazz Fest '87
Constitution Week
American Business Women's Day
1. The Council considered approval of the minutes of the
regular meeting of August 18, 1987, the emergency called
meeting of August 21, 1987, and the special called meeting of
August 25, 1987.
Alexander motion, McAdams second to approve the minutes as
presented. Motion carried unanimously.
2. The Council received a report from Mr. Kenneth Stout
regarding the setting of the tax rate.
Kenneth Stout, Route 7, Box 432, Denton, Texas urged each
Council Member to be very considerate when voting on the tax
rate. He urged any Council Member to abstain from voting if
there was a conflict of interest.
5. The Council considered a petition of Trinity Baptist
Church requesting the following variances of the City of Denton
Subdivision and Land Development Regulations for a 12.05 acre
tract, located at the southeast corner of FM 1173 and Masch
Branch Road:
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City of Denton City Council Minutes
September i§, 1987
Page 2
Article III, 4.03 (2)(b)
the improvement of a 1260
Masch Branch Road.
- which required'
foot section of
Article III, 4.15 (a) - which required
developers to make adequate provision for
storm or floodwater runoff channels or
basins. V-39.
The Mayor opened the ~ublic hearing.
Dwight Lilly, Pastor of the Trinity Baptist Church, spoke in
favor of the petition. He was requesting variances in road and
drainage improvements. He stated that land may be purchased in
the Denton ETJ and legally recorded in the County as a mets and
bound sale or transfer. City regulations required platting
before the land could be used, a task which probably should be
the responsibility of the developer prior to the sale. Under
present restrictions this did not occur nor did it have to
happen. As he understood, the restrictions were not always
enforced in the ETJ but that it was a relatively recent
development based on the Attorney General's ruling. He also
understood that legislative changes might eliminate the problem
in the future.
Lydia Lilly, Trinity Baptist Church, addressed the issue of
cost for the improvements. Trinity Baptist Church bought a 5
acre tract of land at a cost of $40,000. The building with
land improvements estimated at $80,000. This projected into
costs of $120,000 for a 3,000 square foot building. The City
development required them a projected cost of $130,000. Added
together the cost would be a quarter of a million dollars for a
3,000 square foot building.
Kenneth Woods, 512 Apsen, spoke in favor. He stated that Masch
Branch Road was scheduled for complete repaying by the County
within the next two years. It was his understanding from the
City Planning Department that the entire road would be made
into a four land thoroughfare within the near future. He could
not see using church money to improve a road that was already
scheduled for improvements in the near future. It did not make
good sense to ask a singular body to repave an existing County
maintained road. Masch Branch Road was a public County
thoroughfare that should continue to be maintained by a shared
tax base and not become the sole responsibility of one small
group of people who would only use the road a minimum of three
times a week.
City of Denton City C~uncil Minute~
September'22, 1987
Page 3
James
Hoppe~i~, Sanger, read a letter from County' Commissioner
Don Hill. Hill stated that he felt that there were
circumstances that warranted consideration on the practicality
of the rules and the hardship it might place'on the citizens.
Trinity Baptist Church was not a developer. Hill stated that
Masch Branch Road was in the master plan for reconstruction
within the next two years. Concrete road drainage was not
practical in that situation espec.ially for Hill since he was
responsible for maintenance in the future.
Vincent Jenkins, Krum, addressed the issue of drainage. He did
not feel that at the time, the Church had adequate funds to
meet the requirements put forth by the DRC meetings and the
City staff concerning drainage. It was suggested that the
Church take care of the drainage on the piece of property both
north and south of the Church. The Church felt that owning the
five acres was plenty to take care of at that time and felt
that it would be an undue burden on the Church to take care of
all that drainage. He felt that an earthen channel through the
piece of property would be more than adequate. It already
existed and merely needed cleaning.
Lana Woods, Treasurer of Trinity Baptist church, stated that if
the variance request was denied, Trinity Baptist would still
build a church and not rebuild a road. They had a letter from
the Planning Office that if Trinity Baptist Church owned the
other seven acres in the original plat, no road or drainage
improvement could be required. If the Church was required to
repave the road and install the concrete drainage system, it
would be better usage of funds to purchase the remaining acres,
build the church and the wait for a developer to purchase the
remaining property from the church.
David Fulton, Krum, owned the land north and south of the tract
and was in favor of the variance.
Bob Olmon, Locust Street, asked the Council to approve the
variance.
No one spoke in opposition.
The Mayor closed the public hearing.
David Ellison, Acting Executive Director of Planning, presented
part of the staff report. Ellison presented the Council with
some information regarding a proposed procedural change in the
way variance requests were handled by the City of Denton.
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September'l.5, 1987
Page 4
He stated that although the Planning and Zoning Commission
recommended denial of the overall variance request, it did say
that it would like to stipulate that the Church be allowed to
do an earthen channel as opposed to a concrete channel and that
perimeter street paving improvements be postponed or deferred
through either a bond or an escrow arrangement in lieu of
making the actual improvements. The real issue was the Church
was required to make improvements~ not only to their property
but also to the seven acres that they did not currently own, if
the variance was not granted.
Council Member Boyd asked if the Council was able to institute
some middle ground on the issue or they could only vote aye or
nay on the variance.
Ellison stated that in a sense the Planning and Zoning
Commission had already done that by saying that it would be
willing to accept an earthen channel and the posting of a bond
for street improvements.
Boyd asked if the Council would be able to approve the earthen
improvements.
Ellison stated that it was part of the Planning and Zoning's
recommendation.
Denise Spivey, Urban Planner, stated that the Development
Review Committee had reviewed the request and at most, only two
of the conditions were met for the paving variance and three
for the drainage variance. Planning and Zoning considered the
item on August 12, 1987 and recommended to deny the variance
with the stipulations of a consideration for an earthen channel
-and a deferral of the perimeter street paving requirements at
the time of platting.
Council Member Hopkins asked to hear from Trinity Baptist
Church regarding a possible tabling of the petition.
Dwight Lilly stated that the Church would be willing to spend
additional time if that would help work through the issue. If
additional time would only delay the Church, it had other
options that they needed to look at and work toward. He
questioned how wise it would be to spend church funds to redo a
road that was scheduled for repaving in the future.
McAdams motion, Boyd second to table the request until the
study item regarding variances was finished. Motion carried
unanimously.
City of Denton City COuncil Minutes
September t5, 1987
Page 5
4. ConSent Agenda
Mayor Stephens stated that he would like to pull item 4.A.7 for
review purposes.
Gorton motion, McAdams second to
with the exception of Item 4.A.7.
Consent Agenda
approve the Consent Agenda
Motion carried unanimously.
A. Bids and Purchase Orders:
Bid #9770 - Electric Meters, Current
Transformers, Meter Sockets
Bid #9779 - Power Circuit Breaker
Bid #9782 - Printing of Parks & Recreation
Brochures
Pulled for
Discussion
5.
6.
7.
Bid #RFP 103 - Inserter Machine
Bid #9780 - Disposal of PCB Material
Bid #9783 - Evers Park & Hercules Sidewalks
Bid #9785 - Removal & Disposal of Asbestos
Bob Nelson, Executive Director of Utilities, stated that Item
4.A.7. was for the removal of the asbestos insulation on Units
#4 and #5 at the Spencer Steam Plant.
Hopkins motion, McAdams second to approve the Consent Agenda
Item 4.A.7. Motion carried unanimously.
5. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services.
The follOwing ordinance was considered:
NO. 87-146
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.
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City of'Denton City Council Minutes
September 1'5~ 1987
Page 6
McAdams motion, Boyd second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "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.
The following ordinance was considered:
NO. 87-147
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.
McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "ayes" Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
C. The Council considered adoption of an ordinance
and service plan instituting annexation of a 9.2154 acre tract
of land being part of the J. Early Survey, Abstract No. 1279,
and the Moreau Forrest Survey, Abstract No. 417, and being
located at the northeast corner of Mingo Road and North Cooper
Creek Road. (A-47)
The following ordinance was considered:
NO.
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT
LOT, TRACT OR PARCEL OF LAND CONSISTING OF
APPROXIMATELY 9.2154 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE J. EARLY SURVEY, ABSTRACT NO. 1279
AND PART OF THE MOREAU PORREST SURVEY, ABSTRACT NO.
417, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS
AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN
EFFECTIVE DATE.
Boyd motion, McAdams second to adopt the ordinance. On roll
voter McAdams "ayes" Alexander "aye," Hopkins "aye," Gorton
" Ayer "aye," Boyd "aye,"
"aye, and Mayor Stephens "aye."
Motion carried unanimously.
City of Denton City COuncil Minutes
September'15, 1987 ~.~
Page 7
D. ~ The Council considered adoption of ordinance and
service plan instituting annexation of a 24.3957 acre tract of
land being part of the J. Ayers Survey, Abstract No. 2, and
part of the B. Burleson Survey, Abstract No. 65, and being
located west of 1-35 and north of intersection of Rector Road.
(a-50)
The following ordinance was considered:
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT
LOT, TRACT OR PARCEL OF LAND CONSISTING OF
APPROXIMATELY 24.3957 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE J. AYERS SURVEYt ABSTRACT NO. 2 AND
PART OF THE B. BURLESON SURVEYt ABSTRACT NO. 65~
DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS
AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN
EFFECTIVE DATE.
McAdams motion, Ayer second to adopt the ordinance.
vote, McAdams "aye," Alexander "aye," Hopkins "ayes"
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens
Motion carried unanimously.
E. The Council considered adoption of an
adopting the Annual Program of Services for FY 1987-88.
The following ordinance was considered:
On roll
Gorton
"aye."
ordinance
NO. 87-148
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF
DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON
OCTOBER 1, 1987, AND ENDING ON SEPTEMBER 30, 1988; AND
DECLARING AN EFFECTIVE DATE.
Lloyd Harrell, City Manager, stated that the amendments the
Council approved had been specified in Exhibit "A".
Council Member Alexander asked for the legal implications with
regard to the possibility of postponing action on the budget.
Debra Drayovitch, City Attorney, stated that unless final
action was taken on the budget by September 20, 1987, the
budget as submitted by the City Manager would be adopted.
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City of Denton City COuncil Minutes
September ' 15, 1987
Page 8
John McGrane, Executive Director of Finance, stated that the
Council would have 14 days from September 8, 1987 to act on the
tax rate. Notification had to be made regarding the date that
the vote would be taken. There was a three day requirement for
notification of the meeting.
Council Member Gorton left the meeting.
Alexander motion, Boyd'second to add a particular line item in
the proposed budget~ in the amount of $250,000 for Flow
Hospital. On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
Council Member Gorton returned to the meeting.
Hopkins motion, Boyd second to adopt the ordinance as amended.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
F. The Council considered adoption 'of an ordinance
levying the ad valorem tax of the City of Denton, Texas, for
the year 1987; providing revenues for payment of current
municipal expenses, and for interest and sinking fund on
outstanding City of Denton bonds; providing for limited
exemptions of certain homesteads; and providing for enforcement
of collections.
The following ordinance was considered:
NO. 87-149
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF
DENTON, TEXAS, FOR THE YEAR 1987, AT THE RATE OF
$0.5928 PER $100.00 ASSESSED EVALUATION ON ALL TAXABLE
PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON
JANUARY 1, 1987, NOT EXEMPT BY LAW; PROVIDING REVENUES
FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR
INTEREST AND SINKING FUND ON OUTSTANDING CITY OF
DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF
CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF
COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Lloyd Harrell, City Manager, stated that Option II would
establish the tax rate at $.5928 per $100 valuation which would
provide for an effective tax rate of 7.99% and also provide
$250,000 which the Council had tentatively allocated for Flow
Hospital.
City of Denton City C0uncil Minutes
September t5, 1987
Page 9
Mayor Stephens asked about the possibility of
particular expenditures and keeping the rate at
the $.59 which was the first figure discussed.
deferring some
no more than
Harrell replied that staff would be looking at expenditures
throughout the budget year to make sure the funds were managed
prudently. The budget was tight and limited to begin with and
deferring more expenditures would be very difficult.
Gorton motion, McAdams second to'adopt the ordinance with the
insertion of the tax rate of .5928, .5928 for the second
insertion and the third insertion of 38.84. On roll vote,
McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye,"
Ayer "aye," Boyd "ayes" and Mayor Stephens "nay." Motion
carried with a 6-1 vote.
G. The Council considered adoption of an ordinance
of the City Council of the City of Denton designating a
depository for city funds for a term beginning October 1, 1987
and ending September 30, 1989.
The following ordinance was considered:
NO. 87-150
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON
DESIGNATING A DEPOSITORY FOR CITY FUNDS FOR A TERM
BEGINNING OCTOBER 1, 1987 AND' ENDING SEPTEMBER 30,
1989; AND DECLARING AN EFFECTIVE DATE.
John McGrane, Executive Director of
proposals were taken for the depository.
from the First State Bank and it was
staff to accept that bid.
McAdams motion, Gorton second to
Finance, stated that
One bid was returned
the recommendation of
adopt the ordinance
designating First State Bank as the depository. On roll vote,
McAdams "ayes" Alexander "aye," Hopkins "aye," Gorton "aye,"
Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
H. The Council considered adoption of an ordinance
accepting the proposal of a Risk Retention Program for the City
and authorizing the expenditure of funds.
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City of'Denton City Council Minutes
September ~, 1987
Page 10
The following ordinance was considered:
NO. 87-151
AN ORDINANCE ACCEPTING THE PROPOSAL OF ARKWRIGHT
INSURANCE COMPANY AND A PORTION OF THE PROPOSALS OF
ARTHUR J. GALLAGHER & COMPANY AND EMPLOYERS INSURANCE
OF TEXAS FOR PROPERTYt CASUALTY AND WORKERS'
COMPENSATION INSURANCE; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE.
Mayor Pro Tem McAdams left the meeting.
Lloyd Harrell, City Manager, stated that this program would
give the City a chance to stabilize the City's insurance costs
over the next few years.
Mayor Pro Tem McAdams returned to the meeting.
Harlan Jefferson, Risk Manager, presented the ordinance and the
accompanying back-up material for the Council.
Council Member Boyd asked for an explanation regarding excess
workman's compensation.
Jefferson replied that the compensation would include such
circumstances as payment to beneficiaries in the event of the
death of an employee, life-time medical payments for an
on-the-job injury or coverage if a number of people were killed
or injured at one time.
Hopkins motion, McAdams second to adopt the o~dinance. On roll
voter McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "ayes" Boyd "abstain," and Mayor Stephens "aye."
Motion carried with a 6-0-1 vote. Reason for Boyd's abstention
was a lack of information regarding worker's compensation.
I. The Council considered adoption of an ordinance
establishing water rates for fiscal year 1988, repealing
previous ordinances and setting an effective date.
The following ordinance was considered:
NO. 87-152
AN ORDINANCE ADOPTING NEW WATER RATE SCHEDULES;
PROVIDING FOR A SEVERABILIT¥ CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
City of Denton City Council Minutes
September'15, 1987 _ ~
Page 11
Bob Nelson, Executive Director of Utilities, stated that there
was a need for an 8 1/2% increase in the water rates. Major
changes were the residential rates would go from $1.50/1,000 to
I1.65/1,000 which was a 7% increase. Commerical would go from
1.50 to $1.70 which was a 10% increase
.
Hopkins motion, McAdams second to adopt the ordinance.
vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
"aye," Ayer "aye," Boyd "ayev" and Mayor Stephens
Motion carried unanimO'usly.
On roll
Gorton
"aye."
J. The Council considered adoption of an ordinance
authorizing the Mayor to execute an amendment to the power
sales contract between TMPA and the cities of Garland, Denton,
Greenville and Bryan.
The following ordinance was considered:
NO. 87-153
AN ORDINANCE BY THE CITY COUNCIL-OF THE CITY OF DENTON
APPROVING AN AMENDMENT TO THE POWER SALES CONTRACT BY
AND BETWEEN TEXAS MUNICIPAL POWER AGENCYv THE CITIES
OF GARLAND~ DENTON~ BRYAN AND GREENVILLE, AND
PROVIDING FOR ITS EXECUTION ON BEHALF OF THIS CITY;
ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE
PURPOSE OF THE ORDINANCE; REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS; AND PROVIDING AN EFFECTIVE
DATE.
Hopkins motion, McAdams second to adopt the ordinance.
vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
'"ayev" Ayer "aye," Boyd "aye," and Mayor Stephens
Motion carried unanimously.
6. Resolutions
On roll
Gorton
"aye."
A. The Council considered approval of a
approving a year-end budget adjustment for FY 1986-87.
The following resolution was considered:
RESOLUTION NO. R87-052
resolution
A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL
YEAR 1986-87; AND DECLARING AN EFFECTIVE DATE.
Lloyd Harrell, City Manager, stated that this was a
housekeeping matter which was done at the end of each fiscal
year which balanced all of the City's accounts.
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City of Denton City cOuncil Minutes
September 15~ 1987
Page 12
McAdams motion, Alexander second to approve the resolution. On
roll voter McAdams "ayev" Alexander "aye," Hopkins "aye,"
Gorton "ayes" Ayer "aye," Boyd "ayes" and Mayor Stephens
"aye." Motion carried unanimously.
B. The Council considered approval of a resolution
authorizing the City Manager to execute an agricultural lease
agreement between the City of Denton and Ernest and Lewis
Trietsch.
The following resolution was considered:
RESOLUTION NO. R87-053
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A'
LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND ERNEST
AND LEWIS TRIETSCH FOR PROPERTY LOCATED AT THE CITY OF
DENTON MUNICIPAL AIRPORT, DENTON, TEXAS AND PROVIDING
FOR AN EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that the resolution
would authorize continuance of a lease at the Airport to allow
the Trietschs to farm some of the western areas of the acreage
and at the same time do some of the large mowing in the larger
areas along the runways. The Airport Board recommended
approval.
McAdams motion, Alexander second to approve the resolution. On
roll vote, McAdams "aye," Alexander "ayes" Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
C The Council considered approval of a resolution
authorizing the City Manager to execute an Airport Land Lease
Agreement between the City of Denton and First Financial
Resources, Inc.
The following resolution was considered:
RESOLUTION NO. R87-054
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE
CITY OF DENTON AND FIRST FINANCIAL RESOURCES, INC.,
AND PROVIDING FOR AN EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that items C and D
were tied together. J. Rodger~ and Bruce Brown owned an entire
lease together. They wanted to lease a hanger to First
Financial Resources, Inc. First Financial wanted a lease that
was long term and had some assurances that if anything happened
City of Denton City Council Minutes
September 15, 1987
Page 13 "~
to the Rodge~s/Brown leas'e, they would still be able to stay at
the airport.? That necessitated a new lease for First Financial
which leased directly to the City and then make the adjustments
to the Rodgers/Brown lease. With the Rodgers/Brown lease, a
brother of Mr. Brown was interested in acquiring Mr. Rodgers
part of the remaining lease.
McAdams motion, Hopkins second to approve the resolution. On
roll vote~ McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried, unanimously.
D. The Council considered approval of 'a resolution
authorizing an amendment to the airport lease between the City
of Denton and Jay D. Rodgers and Bruce Brown; and approving the
assignment of Jay Rodgers interest in said lease to Charles V.
Brown; and providing for an effective date.
The following resolution was considered:
RESOLUTION NO. R87-055
A RESOLUTION AUTHORIZING AN AMENDMENT TO THE AIRPORT
LEASE BETWEEN THE CITY OF' DENTON AND JAY D. RODGERS
AND BRUCE BROWN; AND APPROVING THE ASSIGNMENT OF JAY
RODGERS INTEREST IN SAID LEASE TO CHARLES V. BROWN;
AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Alexander second to approve the resolution. On
roll vote~ McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "ayes" and Mayor Stephens
"aye." Motion carried unanimously.
E. The Council considered approval~ of a resolution
authorizing the execution of an agreement between the City of
Denton and Denton County relative to the County's participating
in the expansion of the Animal Control Center.
The following resolution was considered:
RESOLUTION NO. R87-056
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON COUNTY FOR THE EXPANSION OF THE ANIMAL CONTROL
CENTER; AND DECLARING AN EFFECTIVE DATE.
Lloyd Harrell, City Manager, stated that this was an agreement
that the City and County had been working on for a year. It
needed to be approved prior to the fiscal year in order to
obligate County's funds for the project. The Commissioners
Court considered the item the previous Monday. There was one
minor adjustment the County made in the contract.
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City of Denton City COuncil Minutes
September '~5~, 1987
Page 14
Bill Angelo, Director of Community Services, stated that the
one change was the addition of a provision that would not limit
the County's recovery for damages for any breech of
disagreement.
McAdams motion, Hopkins second to approve the resolution. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "ayev"
Gorton "aye," Ayer "aye," Boyd ."aye," and Mayor Stephens
"aye." Motion carried, unanimously.
7. The Council held a discussion regarding the
appointment of a citizens committee to review alternative uses
for the railroad depot.
Mayor Stephens stated that Yvonne Jenkins, Denton County
Historical Commission, had received calls regarding the usage
of the depot. The Mayor suggested a citizens committee to
review various alternative uses for the depot, cost in moving
the building, work with staff to see if there might :be City
property available for placement of the building and work with
Parks to determine if any long-term uses could be determined
for the building.
Council Member Ayer suggested using an existing board to assume
the responsibility.
Consensus of the Council was to refer the matter to the
Historic Landmark Committee.
Miscellaneous matters from the City Manager
Lloyd Harrell, City Manager presented the follgwing items:
A. North Texas State University had requested
members of the City Council to ride in the Homecoming parade on
October 10, 1987 at 1:00 p.m. He reminded Council that they
would be in Fort Worth that day with the TML Conference.
Consensus of the Council was that they would be unable to
participate. Council Member Gorton stated that he might be
available.
9. There was no official action taken on Executive
Session items of legal matters, real estate, personnel or board
appointments.
10. New Business
The following items of New Business were suggested by Council
Members for future agendas:
City of Denton City Council Minutes
September 1'5'; 1987
Page 15
· ~. A. Mayor Stephens presented the Council with a draft
statement of support for Flow Memorial Hospital.
Boyd motion, Alexander second to delete the first sentence in
paragraph three. On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
Alexander motion, Ayer second to incorporate all the changes
made in the document.~ On roll vote, McAdams "aye," Alexander
"aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and
Mayor Stephens "aye." Motion carried unanimously.
Boyd motion, Ayer second to adopt the statement as amended.
(Exhibit "A") On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
11. The Council reconvened into the Executive Session to
discuss legal matters, real estate, personnel and board
appointments. No official action was taken.
With no further business, the meeting was adjourned.
CITY F~ CRETARY
CITY OF DENTON, TEXAS
275
2749C
STATEMENT'OF SUPPORT FOR FLOW HOSPIT~L~
September 15, 1987
In recent weeks, the Denton City CoUncil has submitted numerous
proposals to the Denton County Commissioners Court to join with
us in efforts to stabilize the fi. nancial situation at Flow
Memorial Hospital and i~sure its long-term existence.
It is important that all Denton citizens understand that our
entire City Council is committed, if at all possible, to the
goal of allowing Flow Hospital to remain a viable part of our
community. ~e have explored with the County several means to
achieve this Objective and we remain ~ommitted to this ~oal.
All Denton citizens can be assured that their City government
will take any responsible action to see that Flow continues to
exist and provide the services which are so important for this
community. Hopefully, in the days ahead, we can persuade the
County Commissioners Court to allow an effective reorganization
of Flow Hospital so that it may continue as a not-for-profit
institution.
Finally, we must point out that the City cannot take
independent action which will save Flow Hospital. Not only
must we have cooperation from the County, but also support from
the physicians and citizens alike. We ask everyone to join us
in attempting to achieve this goal and we pledge to you our
best effort.
3616M