Minutes November 17, 1987344
CITY OF' DENTON CITY COUNCIL MINUTES
NOVEMBER 17, 1987
The Council convened into the t~ork Session at 5:30 p.m. in the
Civil Defense Room.
PRESENT:
AB SENT:
Mayor Pro Tem McAdams; Council Members Alexander,
Boyd, Gorton and Hopkins.
Mayor Stephens - absent on City business; Council
Member Ayer.
1. The Council held a discussion regarding Flexible
Benefit/Section lZS bid proposal evaluation and recommendation
for the administration of the Flexible Benefits Program.
Tom Klinck, Director of Personnel, stated that this proposal
would be an enhancement of the current employee benefit
program. It would mean an increase in the take-home pay for
voluntary participation. The employee would pay pre-tax
dollars on deferred payments such as unreimbursed medical
costs, dependent child care and health insurance premiums. The
employer would realize a savings in FICA and the employee would
realize a savings in less income tax taken out and more
take-home pay. Fbur bids were received which were evaluated on
cost, communication with employees and the Personnel
Department, ability to administer the plan and references.
Staff was recommending Employee Resource Administration
Corporation.
Consensus of the COuncil was to proceed as presented.
2. The Council held a discussion regarding the Museum of
Natural History/F~rm Operation.
Steve Brinkman, Director of Parks and Recreation, presented the
proposed plan. A long range option would be to have such a
facility at Lake Ray Roberts with a short range option at the
Tripp property in Denton. Brinkman explained the philosophy
behind such a project, who would use the facility and the
success rate of the project. Initial development costs would
be approximately $10,000 with annual expenses of $28,300 and
annual revenues of $28,800. The proposed lease would be from
the Tripp family trust for 6 years with one additional year
available. There were two houses on approximately 27 acres for
the program.
Consensus of the Council was to continue with the negotiations
of the lease terms.
3. The Council held a discussion regarding pockets of _..
unannexed areas.
City of Denton City Council Minutes
November 17, 1987
Page 2
Cecile Carson, Urban Planner, presented a
identified areas within the Denton city limits.
review of 14
Consensus of the Council was to identify priority areas
including location of utility lines and return to Council with
annexation proceedings.
4. The Council convened into Executive Session to discuss
legal matters (Denton~County and Flow Hospital vs. the City of
Denton), real estate and personnel/board appointments.
The Council then convened into the Regular Session at 7:00 p.m.
in the Council Chambers.
PRESENT:
ABSENT:
1.
Mayor Pro Tem McAdams; Council Members Alexander,
Boyd, Gorton and Hopkins.
Mayor Stephens; Council Member Ayer.
Public Hearings
A. The Council held a public hearing on a proposed
annexation of approximately 587.3035 acres of land being part
of the J. Clayton Survey, Abstract No. 221; J. Lamar Survey,
Abstract No. 754; and M. McBride Survey, Abstract No. 804.
A-S1.
The Mayor Pro Tem opened the public hearing.
Cecile Carson, Urban Planner, presented the staff report. This
was the second public hearing on a proposed annexation along
the Trinity River in the ETJ of the City 9f Denton. Frank
Martino had submitted petitions to the property owners in this
area. To date, staff had received 16 voluntary requests for
annexation out of 18 property owners included in the first 3
1/2 mile stretch. If voluntary annexation was proceeded, the
City would be limited to a 5 mile distance which would require
holding the A~52 annexation until approximately the same time
next year. Staff was recommending a 100' strip along the river
which would control the property along the river as it
continued northerly towards the Ray Roberts Dam. In the A-52
proposed annexation, one property owner requested annexation of
his entire tract but that annexation would require a 1000'
strip through some of the property beyond the 3 mile limit.
Staff had verified information concerning the Aubrey ETJ which
included the City of Denton completing annexation on October 1,
1985 which extended Denton's ETJ 3 1/2 miles. A petition made
available by one of the property owners indicated that the City
of Aubrey had asked for expansion of its ETJ in February of
1986. Technically the City of Denton's ETJ was in the area
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City of Denton City Council Minutes
November 17, 1987
Page 3
before the request by Aubrey. The present agenda for
annexation would include institution of annexation on December
8, 1987. Staff recommended, even if Council decided to proceed
with a voluntary annexation, to proceed with the annexation as
presented to provide an opportunity to write field notes for a
100' strip of voluntary annexation.
No one spoke in favor.
Edwin Fulton, Denton County Taxpayers, spoke in opposition. He
stated that the City was annexing too many fingers of land and
was not providing adequate services. Service areas were too
far apart for services and water standards in the area were
good without any controls.
Jackie Fuller stated that she had signed a voluntary annexation
petition on the creek area only but was not happy about any
type of annexation. While taxes would be at a minimum, she
would still have to pay the taxes and not have any type of
voting rights whatsoever. She felt this was taxation without
representation.
Danny Cagle presented Ms. Carson with his voluntary annexation
request, representing the 17th property owner of the 18
affected property owners. He did not want to live in the City
of Denton 'limits, he wanted to live in the County. He was
totally against the City annexing his property.
Albert Hughes stated that he signed a voluntary annexation
request but was unhappy about any annexation at all. If the
area was to be annexed, he requested the City to restore the
bridge on McKinney Bridge Road.
The Mayor Pro Tem closed the public hearing.
Consensus of the Council was to continue with the annexation as
presented. If the field notes were ready by the December 8,
1987 meeting, revise the annexation to 100' and if not,
discontinue the present annexation and begin again with the
annexation of 100'.
B. The Council held a public hearing on a proposed
annexation of approximately 229.5212 acres of land being part
of the W. Tanzy Survey, Abstract No. 1253; S.A. ~ M.G.R.R.
Survey, Abstract No. 1228; and part of the W. Cox Survey,
Abstract No. 291. A-52.
David Ellison, Acting Executive Director of Planning, stated
that as it appeared that the Council would be proceeding with
the voluntary annexation of A-S1 which would require a 3 mile
limitation, staff was recommending to not continue with this
annexation.
City of Denton City Council Minutes
November 17, 1987
Page 4
347
Hopkins motion, Alexander second to discontinue any action on
A-52. Motion carried unanimously.
C. The Council held a public hearing to consider an
ordinance amending Chapter III of Article I of Appendix A of
the Code of Ordinances of the City of Denton., Texas, by
revising the procedures, standards and requirements for
receiving a variance or modification of the provisions of
Appendix A; and providing for an effective date.
Cecile Caron, Urban Planner, stated that the proposed change
would not change the number of requests for a variance but
would simplify the process. It would still be very difficult
to obtain a variance. Variances would be considered for very
special circumstances only.
Boyd motion, Alexander second to amend the ordinance to read "a
Master Plan as defined by the Subdivision Regulations".
The Mayor Pro Tem opened the public hearing.
Wade Lilly stated that he was not sure if he was in favor or
opposition of the ordinance. He bas concerned that the'Trinity
Baptist request for a variance would be sent back to Planning
and Zoning for another hearing which would again delay their
plans.
No one spoke in opposition.
The Mayor Pro Tem closed the public hearing.
The following ordinance was considered:
NO. 87-199
AN ORDINANCE AMENDING CHAPTER III OF ARTICLE I OF
APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS, BY REVISING ' THE PROCEDURES, STANDARDS
AND REQUIREMENTS FOR RECEIVING A VARIANCE OR
MODIFICATION OF THE PROVISIONS OF APPENDIX A; AND
PROVIDING FOR AN EFFECTIVE DATE.
The Council voted on the proposed amendment to the ordinance.
On roll vote, Alexander "aye," Hopkins "aye," Gorton "aye,"
Boyd "aye," and Mayor Pro Tem McAdams "aye." Motion carried
unanimously.
Boyd motion, Gorton second to adopt the ordinance as amended.
On roll vote, Alexander '"aye," Hopkins "aye," Gorton "aye,"
Boyd "aye," and Mayor Pro Tem McAdams "aye." Motion carried
unanimously.
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City of Denton City Council Minutes
November 17, 1987
Page 5
2. Consent Agenda
Hopkins motion, Gorton second to approve the Consent Agenda as
presented. Motion carried unanimously.
Consent Agenda
A. Bids and Purchase Orders:
1. Bid #9791 ~ Ambulance and Optional Equipment
2. Bid #9794 ~ Booster Apparatus Firetruck
3. Bid #9795 - Compactor Pin-On Teeth
4. P.O. #81517 General Electric Inc.
repairs #4 turbine
Final Payments
1o.
Atkins Brothers Equipment-Glenwood Paving
and Drainage
2. Calvert Paving-Yellowstone/Prairie Drainage.
3. 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. 87-200
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.
Boyd motion, Gorton second to adopt the ordinance. On roll
vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd ,,aye,"
and Mayor Pro Tem McAdams "aye." Motion carried unanimously.
B. The Council considered adoption of an ordinance
providing for the expenditure of funds for emergency purchases
o£ materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases from
requirements of competitive bids.
City of Denton City Council Minutes
November 17, 1987
Page 6
The following ordinance was considered:
No. 87-201
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.
Gorton motion, Boyd second to adopt the ordinance. On 'roll
vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye,".
and Mayor Pro Tem McAdams "aye." Motion carried unanimously.
C. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract
between the City of Denton and ENSCO; and providing an
effective date. .
Bob Nelson, Executive Director of Utilities, stated that this
was a change order for a project at the pole yard near the
power plant to remove PCB material from the area.
The following ordinance was considered:
No. 87~202
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE
ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND
ENSCO ENVIRONMENTAL SERVICES, INC.; AND PROVIDING AN
EFFECTIVE DATE.
Gorton motion, Hopkins second to adopt the ordinance. On roll
vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye,"
and Mayor Pro Tem McAdams "aye." Motion carried unanimously.
D. The Council considered adoption of an ordinance
authorizing the Mayor of the City of Denton, Texas to execute
an agreement between the City of Denton and Teague Nall and
Perkins for professional engineering services relating to
Denia, Evers and North Lakes Parks; authorizing the expenditure
of funds therefor; and providing an effective date.
Steve Brinkman, Director of Parks and Recreation, stated that
this ordinance would provide for the development of plans for
athletic fields at Denia, Evers and North Lakes Parks.
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City of Denton City Council Minutes
November 17, 1987
Page 7
The following ordinance was considered:
No. 87-203
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF
DENTON, TEXAS TO EXECUTE AN AGREEMENT BETWEEN THE CITY
OF DENTON AND TEAGUE NALL AND PERKINS FOR PROFESSIONAL
ENGINEERING SERVICES RELATING TO DENIA, EVERS AND
NORTH LAKES .PARKS; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Gorton motion, Alexander second to adopt the ordinance. On
roll vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd
"aye," and Mayor Pro Tem McAdams "aye." Motion carried
unanimously.
E. The Council considered adoption of an ordinance
authorizing the Mayor of the City of Denton, Texas to execute
an agreement between the City of Denton and Maxim Engineers,
Inc. for engineering services; authorizing the expenditure of
funds therefor; and providing an effective date.
Bob Nelson, Executive Director of Utilities, stated that this
was an EPA related item. The turbines at the power plant were
insulated with asbestos materials which now needed to be
removed. '
The following ordinance was considered:
No. 87-204
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF
DENTON, TEXAS TO EXECUTE AN AGREEMENT BETWEEN THE CITY
OF DENTON AND MAXIM ENGINEERS, INC.. FOR ENGINEERING
SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motion, Alexander second to adopt the ordinance. On
roll vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd
"aye," and Mayor Pro Tem McAdams "aye." Motion carried
unanimously.
F. The Council considered adoption of an ordinance
appropriating twenty-five thousand dollars from the
unappropriated fund balance of the Recreation Fund, Fund No.
261,. to Account No. to utilize funds for the
construction of the proposed tennis building at North Lakes
Park; and declaring an effective date.
City of Denton City Council Minutes
November 17, 1987
Page 8
351
Steve Brinkman, Director of Parks and Recreation, stated that
this ordinance would allow the Parks Department to use a
surplus in the Recreation Fund to match funds obtained by the
citizens for the tennis center at North Lakes Park.
The following ordinance was considered:
No. 87-205
AN ORDINANCE APPROPRIATING T~ENTY-FIVE THOUSAND
DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE
RECREATION FUND, FUND NO. 261, TO ACCOUNT NO.
261-031-0062~9101 TO UTILIZE FUNDS FOR THE
CONSTRUCTION OF THE PROPOSED TENNIS BUILDING AT NORTH
LAKES PARK; AND DECLARING AN EFFECTIVE DATE.
Hopkins m~tion, Alexander second to adopt the ordinance. On
roll vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd
"aye," and Mayor Pro Tem McAdams "aye." Motion carried
unanimously.
G. The Council considered adoption of an ordinance
approving a funding agreement between the City of Denton and
Fred Moore Child Care Center; authorizing the Mayor to execute
the agreement; approving the expenditure of funds therefor; and
providing~ for an effective date.
The following ordinance was considered:
No. 87~206
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE
CITY OF DENTON AND FRED MOORE CHILD CARE CENTER;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motion, Gorton second to adopt the ordinance. On roll
vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye,"
and Mayor Pro Tem McAdams "aye." Motion carried unanimously.
H. The Council considered adoption of an ordinanCe
approving a funding agreement between the. City of Denton and
Denton County Friends of the Family; authorizing the Mayor to
execute the agreement; approving the expenditure of funds
therefor; and providing for an effective date.
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City of Denton City Council Minutes
November 17, 1987
Page 9
The following ordinance was considered:
No. 87-207
AN ORDINANCE APPROVING A FUNDING AGREEMENT. BETWEEN THE
CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE
FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; AND,PROVIDING FOR AN EFFECTIVE DATE.
Gorton motion, Hopkins second to adopt the ordinance. On roll
vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye,"
and Mayor Pro Tem McAdams "aye." Motion carried unanimously.
I. The Council considered adoption of an ordinance
approving a funding agreement between the City of Denton and
Denton City-County Day Nursery; authorizing the Mayor to
execute the agreement; approving the expenditure of funds
therefor; and providing for an effective date.
The following ordinance was considered:
No. 87-208
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE
CITY OF DENTON AND DENTON CITY-COUNTY NURSERY;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Alexander motion, Boyd second to adopt the ordinance. On roll
vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye,"
and Mayor Pro Tem McAdams "aye." Motion carried unanimously.
J. The Council considered adoption of an ordinance
approving a funding agreement between the City of Denton and
Services Program for Aging Needs; authorizing the Mayor to
execute the agreement; approving the expenditure of funds
therefor; and providing for an effective date.
The following ordinance was considered:
No. 87~209
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE
CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
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City of Denton City Council Minutes
November 17, 1987
Page 10
Alexander motion, Hopkins second to adopt the ordinance. On
roll vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd
"aye," and Mayor Pro Tem McAdams "aye." Motion carried
unanimously.
K. The Council considered adoption of an ordinance
approving a funding agreement between the City of Denton and
Services Program for Aging Needs (SPAN) relating to Handihop
service; authorizing the Mayor to execute the agreement;
approving the expenditure of funds therefor; and providing for
an effective dace.
The following ordinance was considered:
No. 87-210
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE
CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS
(SPAN) RELATING TO HANDIHOP SERVICE; AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE,
Hopkins motion, Alexander second to adopt the ordinance. On
roll vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd
"aye," and Mayor Pro Tem McAdams "aye." Motion carried
unanimously.
L. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement with Branch and
Taylor Associates, Inc. for professional archi'tectural services
relating to Fire Stations Five and Six; authorizing the
expenditure of funds therefor; and providing an effective date.
Lloyd Harrell, City Manager, stated that an employee seleCtion
committee had done a very comprehensive job of reviewing the
engineering proposals prior to bring those to the Council.
John Marshall, Purchasing Agent, stated that 27 proposals had
been received. Each proposal was reviewed and eight were
selected for an interview. Of those eight, three were selected
for final bids. These three were given equal opportunity to
negotiate a fee and staff determined that Branch and Taylor
would be the best for this project.
The following ordinance was considered:
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City of Denton City Council Minutes
November 17, 1987
Page 11
No. 87-211
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH BRANCH AND TAYLOR ASSOCIATES, INC. FOR
PROFESSIONAL ARCHITECTURAL SERVICES RELATING TO FIRE
STATIONS FIVE AND SIX; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Hopkins motion, Alexander second to adopt the ordinance. On
roll vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd
"aye," and Mayor Pro Tem McAdams "aye." Motion carried
unanimously.
4. Resolutions
A. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the
County o£ Denton and the City of Denton for library service;
and providing for an effective date.
The following ordinance was considered:
No. R~7-073
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE COUNTY OF DENTON AND THE CITY OF
DENTON FOR LIBRARY SERVICE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Hopkins motion, Boyd second to approve the resolution. On roll
vote, Alexander "aye," Hopkins "aye," Gorton '"aye," Boyd "aye,"
and Mayor Pro Tem McAdams "aye." Motion carried unanimously.
B. The Council considered approval of a resolution
appointing members to the North Texas Higher Education
Authority; and declaring an effective date.
Lloyd Harrell, City Manager, stated that although the City was
not legally responsible for the bonds issued by the Education
Authority, the City's name was on the bonds. John McGrane,
Executive Director of Finance, had expressed some concern that
someone with good financial background should be aware of the
dealings of the Agency on the City's behalf. Mayor Stephens
had suggested that the Finance Directors from Arlington and
Denton be appointed as ex-officio members on the Board.
City of Denton City Council Minutes
November 17, 1987
Page 12
The following resolution was considered:
RESOLUTION NO. R87-074
A RESOLUTION APPOINTING MEMBERS TO THE NORTH TEXAS
HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE
DATE.
Alexander motion, Boyd second to approve the resolution
appointing Dr. Lindsay Keller-Place 6, Mr. Michael
Grandey-Place 8 and'Mr. James Brock-Place 9 to the Board of
Directors of the North Texas Higher Education Authority, Inc.
On roll vote, Alexander "aye," Hopkins "aye," Gorton "aye,"
Boyd "aye," and Mayor Pro Tem McAdams "aye." Motion carried
unanimously.
Council Member Hopkins directed staff to request that the
Finance Directors of Arlington and Denton be appointed as
ex-officio members to the Board.
C. The Council considered approval of a resolution
in support of the City of Denton participating with the City of
Lewisville as the interim Denton County Area Water Agency.
Bob Nelson, Executive Director of Utilities, stated that a
Regional Agency would be established in 1989. Until that time,
it was ,recommended that an interim board be established.
Lewisville and Denton had been asked to serve in such a
capacity.
The following resolution was considered:
RESOLUTION NO. R87-075
A RESOLUTION RELATING TO THE CREATION OF' AN INTERIM
AGENCY TO ACT PRIOR TO THE CREATION OF' A COUNTY
WATER/~ASTE~ATER MASTER PLAN; PROVIDING AN EFFECTIVE
DATE.
Alexander motion, Hopkins second to approve the resolution. On
roll vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd
"aye," and Mayor Pro Tem McAdams "aye." Motion carried
unanimously.
D, The Council considered approval of a resolntion
changing the regular Council meeting of December 15, 1987 to
December 8, 1987; and providing for an effective date.
Mayor Pro Tem McAdams noted that the Council would be attending
the National League of Cities-Congress of Cities on the
December 15, 1987 date.
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City of Denton City Council Minutes
November 17, 1987
Page 15
The following resolution was considered:
RESOLUTION NO.R87-076
A RESOLUTION CHANGING THE REGULAR COUNCIL MEETING OF
DECEMBER, IS, 1987 TO DECEMBER 8, 1987; AND PROVIDING
AN EFFECTIVE DATE.
Hopkins motion, Alexander second to approve the resolution. On
roll vote, Alexander "aye," Hopkins "aye," Gorton "aye," Boyd
"aye," and Mayor Pro Tem McAdams "aye." Motion carried
unanimously.
5. The Council considered approval of the appointment of
deputy city secretaries.
Lloyd Harrell, City Manager, stated that Roger Nelson and Betty
Williams would be appointed deputies as substitutes when
Jennifer Walters, City Secretary, was absent from the office.
Boyd Motion, Gortbn second to approve the appointments. Motion
carried unanimously.
6. The Council considered authorization for the City
Manager to participate in a legal fund for defense of the
Sierra Club vs. the Environmental Protection Agency, et. al.
litigation.
Bob Nelson, Executive Director of Utilities, stated that in
1986 the Sportsman Club of Texas and the Environmental Defense
Fund had filed a lawsuit against the Environmental Protection
Agency alleging that they did not enforce the EPA's clean water
act appropriately in allowing the Texas Water Plan to be
approved as zt was. It felt that there was some deficiencies
in that water plan.
Gorton motion, Alexander second to approve the authorization.
Motion carried unanimously.
7. The Council considered approval of the appointment of
Council Member Hopkins as a member to the City Investment
Committee.
Mayor Pro Tem McAdams stated that the City had on staff an
individual whose primary job was to manage the money that the
City invested and that a committee was being formed to make
recommendations to that individual. Council desired to appoint
Council Member Hopkins as i~s representative.
City of Denton City Council Minutes
November 17, 1987
Page 14
Boyd motion, Gorton second to approve the appointment. Motion
carried unanimously.
Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following item:
A. Council was to meet on November 24, 1987 and he
was interested in a time for the meeting that was convenient
for the Council. Consensus of the Council was that the meeting
would be at 5:00 p.m.
e
Official Action on Executive Session Items.
Mayor Pro Tem McAdams stated that the item dealt with a
consideration of the agreement that had been negotiated with
the County ih regard .to Flow Memorial Hospital.
Council Member Gorton left the meeting with a possible conflict
of interest.
LLoyd Harrell, City Manager, gave a brief background of the
Settlement-Counterproposal, City of' Denton/County of Denton,
dated November 13, 1987. The negotiating team from the City
and County along with representatives of the current Hospital
Board had been meeting over the last few weeks to try and
fashion an agreement that would speak to the financial needs as
articulated by the Hospital Management group while at the same
time, come up with something that both the City and County felt
was financially viable for each operation. The
Settlement-Counterproposal provided a framework for solving the
immediate cash problems of the Hospital' as had been
determined. Additional work still needed to be done to fill in
all of the details of the proposal but the framework for a
settlement had been provided in that outline. The County of
Denton had approved the agreement by action of the County
Commissioners Court on Monday, November 16, 1987 and the
agreement now came to the Council for consideration. The
Attorney General's Office had been very actively involved in
the negotiations. From the City's perspective the obligations
the City was making were extensive but feasible.
Boyd motion, Hopkins second to approve the agreement as
presented. Motion carried unanimously.
Council Member Gorton returned to the meeting.
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City of Denton City Council Minutes
November 17, 1987
Page 15
10. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Boyd asked that the variance items
that had been previously tabled be returned to the agenda as
soon as possible.
11. The Council reconvened into the Executive Session to
discuss legal matters, real estate, personnel and board
appointments. No official action was taken.
~ith no further business, the meeting was adjourned.
I/INNIE MCADAMS, MAYOR PRO TEM
CITY OF DENTON, TEXAS
J i~NIFER ]WALTERS Y SECRETARY
Y OF DENTON, TEXAS
2804C