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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 345 346 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. 348 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. 349 350 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. 352 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. 353 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: 354 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. 355 356 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. 357 358 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