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HomeMy WebLinkAboutDecember 14, 2010 AgendaAGENDA CITY OF DENTON CITY COUNCIL December 14, 2010 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in 2" d Tuesday Session on Tuesday, December 14, 2010 at 4:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: NOTE: A 2" d Tuesday Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a 2" d Tuesday Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although 2" d Tuesday Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Receive a report, hold a discussion and give staff direction regarding the Airport governance stricture as recommended in the adopted Denton Airport 2010 Business Plan. 2. Receive a report, hold a discussion and give staff direction regarding the Traffic Safety Commission. Following the completion of the 2" d Tuesday Session, the Council will convene in a Special Called Session to consider the following: 1. Consider adoption of an ordinance amending Ordinance No. 2003-258 relating to the Economic Development Partnership Board ("The Board") to add to the membership of the Board and to expand the duties of the Board to include branding and marketing for the Denton Municipal Airport in support of the Denton Airport 2010 Business Plan and to further include duties related to airport economic development incentives; repealing all conflicting ordinances and portions thereof, and providing an effective date. 2. Consider approval of a resolution amending Resolution No. R2009-015 to establish a standing committee of the City Council of the City of Denton, Texas to be known as the City Council Airport Committee to advise and assist the City Council regarding City of Denton Municipal Airport matters; alternatively assigning such duties to an existing City Council committee; and providing for an effective date. 3. Consider adoption of an ordinance of the City of Denton, Texas, establishing the powers and duties of the Traffic Safety Commission; repealing all ordinances and resolutions in conflict herewith; and providing for an effective date. City of Denton City Council Agenda December 14, 2010 Page 2 4. Consider approval of a resolution by the City Council of the City of Denton, Texas regarding the opposition of any proposed legislation that would seek to erode local regulation of mineral development within the corporate limits of a municipality; and providing an effective date. 5. Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas to act on behalf of the City of Denton in executing the acceptance of a Deed of Gift from Louise Davis for an approximate 31.8 acre tract situated in both the Jonathan Douthitt Survey, Abstract Number 329 and the John West Survey, Abstract Number 1331, Denton County, Texas; and providing an effective date. This item will be presented to the Public Utilities Board on December 13, 2010. NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2010 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: December 14, 2010 DEPARTMENT: Finance Ael ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding the Airport governance stricture as recommended in the adopted Denton Airport 2010 Business Plan. BACKGROUND In 2003, the City Council approved an Airport Master Plan that established a clear vision for the Airport. This plan became the basis for airport development and the creation of a business plan. The Master Plan included an outcome statement that defined the Airport as follows: ➢ First class aviation center that serves as the home for corporate aircraft from the North Texas region, as well as locally owned general aviation aircraft. ➢ Financially self-reliant. ➢ Major mid-continent refueling center. ➢ Land in vicinity of Airport is locally owned or controlled. ➢ Fully served by municipal infrastructure and utilities. ➢ Make the airport a major economic development benefit to the community. ➢ Established partnerships to include a nationally recognized aviation education institute. ➢ Public understands the value of the Airport to the Denton economy and future. As stated above, the 2003 Master Plan recommended that the Denton Airport become financially self-reliant and become a major economic development benefit to the community. With this goal in mind, the Council approved a Business Plan on November 16, 2010 to help the Airport achieve these objectives. The approved Airport Business Plan specifically states that "The City of Denton should also consider modifying its airport governance stricture to assist with vetting financial proposals for the Airport as well as provide policy input related to targeted marketing initiatives and development." Accordingly, the purpose of this work session item is to explore the governance stricture of the Airport and provide the City Council with a recommendation on which stricture provides the best foundation to achieve the above mentioned goals. The current Airport Advisory Board (AAB) is comprised of seven (7) board members that have been appointed by the City Council. The primary purpose of the board is to provide the City Council and City Manager with advice regarding lease agreements, development policy, and grant projects. Like other advisory boards in the City of Denton, the AAB is only advisory in nature, and as such, final decision making authority on any issue rests with the City Council. In Agenda Information Sheet December 14, 2010 Page 2 addition, since the AAB only provides advice regarding the issues described above, the Airport Manager is charged with managing all day-to-day operations at the Airport. In evaluating potential Airport governance options, the following central question should be addressed: ➢ Does the current AAB governance stricture best fit the goal of establishing the Airport as an economic engine for the community? If it is determined that the current stricture does not provide the best fit, what options are available to better meet the City's needs? With this question in mind, the following Airport governance options have been identified by staff for consideration. Option A: Redefine role and membership requirements of the AAB to clarify expectations. Under this scenario, the membership of the AAB could be altered or modified to increase the membership and diversity of the board. In addition, the mission of the board could be reevaluated to provide more focus on Council priorities. Option B: Transfer airport governance to another existing board or Council Committee. Under this scenario, the duties of the AAB could be reassigned to another existing board or committee. Option C: Status quo. Under this scenario, no changes to the AAB stricture would be implemented. Option D: Transfer branding, marketing, and development incentive activities to the Economic Development Partnership Board (EDPB) and create a new Council Committee to oversee all other activities for the Airport. This option is recommended by management, and is more fully explained below. Under the Option D scenario, the Economic Development Partnership Board (EDPB) would be tasked with the following: ➢ Review, consider, and make recommendations to the City Council concerning Airport branding and marketing efforts. ➢ Outline Airport development incentive policies and make recommendations to the City Council concerning any development incentives as assigned by the City Council or requested by the City Manager. ➢ Leverage common community goals and create a synergy between the development of the Airport and the development of the overall community. To accomplish the above tasks, the EDPB membership would be expanded by two members (from 7 to 9). One of the new members will be required to have knowledge or experience in general aviation related matters and must reside or work within the city. The other new member Agenda Information Sheet November 2, 2010 Page 3 will be a citizen of the city who in the discretion of the City Council has specific knowledge, skills, and abilities that can assist with any or all of the functions related to the EDPB. In addition, under Option D, a new City Council standing committee called the Airport Committee would be created. The purpose of the committee would be to review, consider, and make recommendations to the City Council regarding Airport operations as assigned by the City Council or requested by staff. The day-to-day operations would continue to be managed by the Airport Manager under this governance stricture. Finally, under Option D and as recommended in the 2010 Airport Business Plan, staff would create a standing meeting (at least quarterly) with existing stakeholders, clients, and tenants to discuss: ➢ Safety and security issues. ➢ Airport operations. ➢ Development activities. ➢ Special events. ➢ Any questions or other issues as appropriate. In summary, staff is recommending Option D, which proposes that the current AAB duties be reassigned to the EDPB and a new Council Airport Committee. In our view, this new governance stricture will enhance development opportunities in the community and at the Airport. The benefits of this new approach include: ➢ Expanded marketing efforts and enhanced collaboration with community development initiatives. ➢ Effective implementation of 2010 Business Plan. ➢ Enhanced stricture to provide the City Council with more direct contact on Airport Issues. While a number of options are presented above for consideration, staff would like to point out that we can successfully work with any of the governance models presented. RECOMMENDATION Staff recommends that Option D as defined above be implemented by the City Council. Under this scenario, the current duties of the Airport Advisory Board will be reassigned to the EDPB and a new Council Airport Committee. As part of this approach, the ordinance establishing the Airport Advisory Committee will also be rescinded. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) On December 6, 2010, City Management discussed potential governance options with the Airport Advisory Board (AAB). The AAB expressed some concerns regarding the options Agenda Information Sheet December 14, 2010 Page 4 presented, but they did not provide a formal recommendation to the City Council. The AAB called a special meeting on December 13, 2010, to discuss their potential response and recommendation to the City Council. On December 7, 2010, City Management discussed potential governance options with the Economic Development Partnership Board (EDPB). The EDPB was very supportive of the staff recommendation, and has recommended that the City Council approve the proposed revisions to the membership and role of the EDPB. EXHIBITS PowerPoint Presentation Respectfully submitted: Bryan Langley Chief Financial Officer d ffi .4 ~ in d by the CitY Council r Plan was a rove Airport Maste pp 4-j 0 4-j V ' O V V V V 4-j Q~ V V bio Cld Cld Cld c~ O c~ a) V% 0 0 5 4-j 0 0 V v 1 ~--1 r5 Cld bio Cld Cld C) r--4 rm i--~I a) bj0 4-j • i--~I C^) 4-1 cn r~ 0 ~--1 4-1 ~ O •O ~ P-4 ~ O 4-j 4-1 ~ O O t4p:l 4-j O O O•~ O• 4-1 4-1 cn 0 O~ U O O bJ0 W a K 4-j O U O 4-1 ct 4-1 cn H 0 0 CIO U a~ 0 a a~ J A. Manager. ~ " ve 0 U O 0 PO qll~ ~--1 r~ r~ ~ O U ~--j O ~ ~p O 4-1 4-1 U 4~ 4-1 ~ O O 4-1 V O ~ 4-1 O ~ 4-1 4-1 4-1 c~ V O 4~ 4-1 4-1 O U 4-1 0 -9!!~ WSJ O ~ O ;z cn 4-j • r-~ 4-1 O 4-1 4-1 O 4-1 U ~ O O O ~ ,sue a) 4 y .Lo ~--1 4) rm 4-1 4-1 U 4-1 c~ Cl) 110 w_j r m 4) ~--1 O r~ r~l y~--1 WSJ bJ0 ~ U O ~ O ~ C-~ b0~0 ~I V ~I ~I a 4-1 AGENDA INFORMATION SHEET AGENDA DATE: December 14, 2010 DEPARTMENT: City Manager's Office CM/ ACM: George C. Campbell SUBJECT: Receive a report, hold a discussion and give staff direction regarding the Traffic Safety Commission. BACKGROUND: City Council has requested that the advisory role and stricture of the Traffic Safety Commission be clarified by ordinance. Pursuant to discussions with Council Members and staff and upon review of the history of the Traffic Safety Commission the attached ordinance has been prepared for your consideration. A work session and an action item have been scheduled for council discussion and consideration on December 14. RECOMMENDATION: Staff recommends approval of Traffic Safety Commission ordinance. EXHIBITS Ordinance Respectfully submitted: George C. Campbell City Manager Odegahour documentAordinancesUftraffic safety commission.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING THE POWERS AND DUTIES OF THE TRAFFIC SAFETY COMMISSION; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Citizens Traffic Safety Support Commission was created by resolution of the City Council of Denton, Texas on June 19, 1973; and, WHEREAS, the Citizens Traffic Safety Support Commission was granted authority over appeals and variances involving parking lot/driveway permits by Ordinance No. 91-168; and, WHEREAS, the Citizens Traffic Safety Support Commission was renamed the Citizens Traffic Safety Commission ("the Commission") on August 17, 1993 by Ordinance No. 93-145; and, WHEREAS, the authority over appeals and variances involving these parking lot/driveway permits were superseded by the enactment of the Denton Development Code, Ordinance 2002-040; and WHEREAS, the City Council of the City of Denton desires to clarify the powers and duties of the Traffic Safety Commission for the benefit of the Commission and City Management, and to further repeal all previous actions of the City Council relating to the Citizens Traffic Safety Commission, or its predecessor Commission, whether by ordinance or resolution. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings contained in the preamble of this ordinance are incorporated herein as if fully set forth within the body of this ordinance. SECTION 2. The Traffic Safety Commission is hereby re-established and shall function as an advisory Commission to the City Council and shall consist of a seven (7) member board, with members who shall be citizens of the City of Denton, and who shall be appointed by the City Council. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the City Council. The presiding officer of the Committee shall be chosen annually by the Committee. SECTION 3. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and shall be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. s:llegahour documentAordinances1101traffic safety commission.doc SECTION 4. The Traffic Safety Commission shall be advisory only, and shall provide policy and traffic safety recommendations to the City Council for their consideration. The Traffic Safety Commission shall meet as needed when called by the City Council or the City Manager or his or her designee. SECTION 5. The powers and duties of the Traffic Safety Commission shall include and be limited to the making of recommendations to the City Council in matters brought forward to the Commission by the City Manager, or his or her designee, or assigned by the City Council, and which pertain to traffic safety education and publicity, ways and means of improving traffic conditions and safety, implementation of traffic control devices, public parking restrictions, or roadway speed limit designations. Nothing in this section shall restrict a majority of the Traffic Safety Commission from requesting that the City Manager, or his or her designee, consider placing an item on the agenda. SECTION 6. The Traffic Safety Commission shall observe and abide by applicable provisions of Chapter 2 of the Code of Ordinances of the City of Denton and the "Handbook for Boards, Commissions, and Council Committees" as adopted by the City Council by Resolution No. R2009-032, as now written or as may be amended from time to time. SECTION 7. All ordinances and resolutions, or parts of ordinances and resolutions, in force when this ordinance becomes effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of such conflict, including without limitation, the entirety of that resolution creating the Citizens Traffic Safety Support Commission dated June 19, 1973, Ordinance 91-168, and Ordinance 93-145. SECTION 8. This ordinance shall be effective immediately upon passage. PASSED AND APPROVED this the day of , 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: L ► l.. L UAL 1 1% , MARK BURROUGHS, MAYOR Page 2 This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: December 14, 2010 DEPARTMENT: Finance Ael ACM: Jon Fortune SUBJECT Consider adoption of an ordinance amending ordinance No. 2003-258 relating to the Economic Development Partnership Board ("The Board") to add to the membership of the board and to expand the duties of the Board to include branding and marketing for the Denton Municipal Airport in support of the Denton Airport 2010 Business Plan and to further include duties related to Airport economic development incentives; repealing all conflicting ordinances and portions thereof, and providing an effective date. BACKGROUND This item is closely related to an accompanying work session item that is also included on the December 14, 2010, City Council agenda. As detailed in the work session item, staff is proposing that the current duties of the Airport Advisory Board be reassigned to the Economic Development Partnership Board (EDPB) and a new City Council Airport Committee. The purpose of this item is to provide the necessary ordinance to revise the membership and role of the EDPB and to rescind the ordinance that established the Airport Advisory Board. As described in the attached ordinance, the membership of the EDPB is proposed to increase by two members (from 7 to 9). One of the new members will be required to have knowledge or experience in general aviation related matters and must reside or work within the city. The other new member will be a citizen of the city who in the discretion of the City Council has specific knowledge, skills, and abilities that can assist with any or all of the functions related to the EDPB. In addition, the EDPB will be tasked with the following: ➢ Review, consider, and make recommendations to the City Council concerning Airport branding and marketing efforts. ➢ Outline Airport development incentive policies and make recommendations to the City Council concerning any development incentives as assigned by the City Council or requested by the City Manager. ➢ Leverage common community goals and create a synergy between the development of the Airport and the development of the overall community. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) On December 6, 2010, City Management discussed potential governance options with the Airport Advisory Board (AAB). The AAB expressed some concerns regarding the options presented, but they did not provide a formal recommendation to the City Council. The AAB Agenda Information Sheet December 14, 2010 Page 2 called a special meeting on December 13, 2010, to discuss their potential response and recommendation to the City Council. On December 7, 2010, City Management discussed potential governance options with the Economic Development Partnership Board (EDPB). The EDPB was very supportive of the staff recommendation, and has recommended that the City Council approve the proposed revisions to the membership and role of the EDPB. EXHIBITS Ordinance Respectfully submitted: Bryan Langley Chief Financial Officer sAlegakour documents\ordinances\10\edp amended ord.docx ORDINANCE, NO, AN ORDINANCE AMENDING ORDINANCE NO. 2003-258 RELATING TO THE ECONOMIC DEVELOPMENT PARTNERSHIP BOARD (THE BOARD) TO ADD TO THE MEMBERSHIP OF THE BOARD AND TO EXPAND THE DUTIES OF THE BOARD TO INCLUDE BRANDING AND MARKETING FOR THE DENTON MUNICIPAL AIRPORT IN SUPPORT OF THE DENTON AIRPORT 2010 BUSINESS PLAN AND TO FURTHER INCLUDE DUTIES RELATED TO AIRPORT ECONOMIC DEVELOPMENT INCENTIVES; REPEALING ALL CONFLICTING ORDINANCES AND PORTIONS THEREOF; AND PROVIDING- AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the public interest to modify the Economic Development Partnership Board to encompass certain responsibilities concerning the City of Denton Municipal Airport; and WHEREAS, the City of Denton commissioned an Airport Business Plan study which was approved by the Denton City Council on November 16, 2010, which Plan recommended the modification of the Denton Airport governance structure to assist with vetting financial proposals for the Airport, as well as providing policy input related to targeted marketing initiatives and development; and WHEREAS, the Economic Development Partnership Board has a proven track record of effectiveness in the City of Denton with regard to reviewing and making recommendations to the City Council concerning economic development within the community; and WHEREAS, the Economic Development Partnership Board has proven particularly adept in the recruitment of business and development in the conntnunity; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Article IX. Sec. 2-251 of Ordinance No. 2003-258 is hereby amended as follows: ARTICLE IX. ECONOMIC DEVELOPMENT PARTNERSHIP BOA1?,D See. -25I. Creation, Members, Qualifications, and Tenure. A. There is hereby created a City of Denton board entitled the Denton Economic Development Partnership Board (the "Board"). The Board shall consist of nine members. The seven board members currently serving shall serve as originally appointed, The member, as described in Sec. 2-251 C.(5) below, shall be appointed. to serve until the City Council shall make its 2012 board appointments. The member, as described in Sec. 2-251 C.(6) below, shall be appointed to serve until the City Council shall make its 2011 board appointments. Thereafter, five members shall be appointed for a two-year term in the even numbered years and four members shall be appointed for a two-year terns in the odd numbered years. No member shall sAlegakour docuinetits\ordinances1101ed0 amended ord.doex serve more than three consecutive terms except for the President of the University of North Texas (`L NT), or his designee, who may serve unlimited terms. B. The Board mernbers shall be appointed by the City Council and shall serve at the city Council's pleasure. To aid the City Council in malting appointments to the Board, the City Council will appoint two City Council members and one Chamber of Commerce (Chambef ) member to act as a nominating committee (the "Committed'). The Committee members are qualified for appointment to the Board. The City Manager and President of the Chamber will serve as ad hoc non-voting members of the Committee. The Committee will solicit nominations, contact nominees to relate duties and responsibilities and to confirm willingness to serve. The Board will solicit recommendations from the Chamber Board of Directors and the President of UNT. After evaluating the recommended nominees the Committee will present to the City Council a slate of Board nominees for City Council approval. C. Notwithstanding anything contained herein to the contrary the membership make- up of the Board shall consist of the following 1. Two members of the Board shall be City Council members at the time of their appointment to their original term. They may serve out all three terms, even if they are no longer members of the City Council after the original appointment as long as they continuously serve throughout the three terms. They must be residents of the City of Denton. 2. Two members of the Board shall be members of the Chamber Board of Directors `Chamber Board) at the time of their appointment to their original term. They may serve out all three terms, even if they are no longer members of the Chamber board after the original appointment as long as they continuously serve throughout the three terms. They must reside or work in the City of Denton. The Chamber Board will recommend the two nominees for consideration by the Committee and approval by the City Council. 3. Two members will be, or be employed by, a top twenty City of Denton ad valorem or sales tax payer. Such members must reside or work in the City of Denton. 4. One member will be the President of UNT or a UNT faculty or staff member designated by the President. Such member need not reside in the City of Denton and is not restricted to the three term limits. However, such member must be appointed by the City Council for each term. 5. One member will have knowledge or experience in general aviation- related matters. This member must reside or work in the City of Denton. 6. One member will be a citizen of the City of Denton who, in the discretion of the City Council, has specific knowledge skills and abilities to assist in Page 2 Oleg,&our documents\ordinaiices\101edp amended ord.docs all or any one of the functions and responsibilities of the Economic Development Partnership Board. SECTION 2. See. 2-254 is amended to add a section F, as follows: Sec. 2-254. Duties and Responsibilities of the Board. F. The Board will review, consider and make recommendations to the Denton City Council regarding Airport Branding and Marketing to support the implementation of the Denton Airport 2010 Business Plan. The Board will review, consider and make recommendations to the Denton City Council regarding Denton Municipal Airport incentive polices, as assigned by the City Council or requested by the City Manager, and will act as a recommending body to the City Council for specific airport economic development incentives, as assigned by the City Council or requested by the City Manager and permitted by City and State law. SECTION 3. This Ordinance amends Ordinance No. 2003-258 and supercedes and repeals any provision of that ordinance, or any other, in conflict herewith, further this ordinance repeals Ordinance No. 97-299 and Ch. 3, Section 3-2 of the City of Denton Code of Ordinances. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARIA A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 3 This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: December 14, 2010 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of a resolution amending Resolution No. R2009-015 to establish a standing committee of the City Council of the City of Denton, Texas to be known as the City Council Airport Committee to advise and assist the City Council regarding City of Denton Municipal Airport Matters; alternatively assigning such duties to an existing City Council committee; and providing for an effective date. BACKGROUND This item is closely related to an accompanying work session item that is also included on the December 14, 2010, City Council agenda. As detailed in the work session item, staff is proposing that the current duties of the Airport Advisory Board be reassigned to the Economic Development Partnership Board (EDPB) and a new City Council Airport committee. The purpose of this item is to provide the necessary resolution to create the Airport committee that is recommended. As described in the attached ordinance, a new City Council standing committee called the Airport Committee is proposed. The committee is proposed to consist of three (3) City Council members that will be appointed by the Mayor and City Council. The purpose of the committee will be to provide recommendations to the City Council on matters affecting Airport operations as assigned by the City Council or requested by staff. The day-to-day operations will continue to be managed by the Airport Manager under this governance stricture. If the City Council elects to assign the above described duties to an existing Council committee in lieu of creating a new Airport committee, the agenda item caption will allow this change to be considered. The attached ordinance, however, has been written to establish the Airport committee as discussed above. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) On December 6, 2010, City Management discussed potential governance options with the Airport Advisory Board (AAB). The AAB expressed some concerns regarding the options presented, but they did not provide a formal recommendation to the City Council. The AAB called a special meeting on December 13, 2010, to discuss their potential response and recommendation to the City Council. On December 7, 2010, City Management discussed potential governance options with the Economic Development Partnership Board (EDPB). The EDPB was very supportive of the staff Agenda Information Sheet December 14, 2010 Page 2 recommendation, and has recommended that the City Council approve the proposed revisions to the membership and role of the EDPB. EXHIBITS Resolution Respectfully submitted: Bryan Langley Chief Financial Officer s:Uegnllour documentsVeso9utions\1 fficommittees reso 12141 Moe RESOLUTION NO. R2010- A RESOLUTION AMENDING RESOLUTION NO. 82009-015 TO ESTABLISH A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE KNOWN AS THE CITY COUNCIL AIRPORT COMMITTEE TO ADVISE AND ASSIST THE CITY COUNCIL REGARDING CITY OF DENTON MUNICIPAL AIRPORT MATTERS; ALTERNATIVELY, ASSIGNING SUCH DUTIES TO AN EXISTING CITY COUNCIL COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton deems it to be in the best interest of the City to create a standing committee of the Denton City Council on matters affecting the City of Denton Municipal Airport; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That Resolution No. 82009-015 is hereby amended to add Title VIII, as follows: TITLE VIII. THE CITY COUNCIL AIRPORT COMMITTEE A. The City Council hereby establishes a standing committee to be called the City Council Airport Committee. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for insuring that records are maintained in accordance with the requirements of the City Secretary's Office. B. The Committee rnenibers shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Comn-littee shall be chosen annually by the Committee. Members of the Corr inittee must be current elected City Council members of the City of Denton,. Texas. C. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council on matters affecting airport operations as assigned by the City Council or requested by the City Manager, or his or her designee, SECTION 2. Title VIII. of Resolution No. 82009-015 is renumbered to Title IX. SECTION 3. All provisions of Resolution No. 82009-015 in conflict herewith are superseded and repealed. sAlcgal\onr dociimetits\resolLition\Iftommittees reso 121410.doc SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ~ 2010. MARIA A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 114C J, Page 2 AGENDA INFORMATION SHEET AGENDA DATE: December 14, 2010 DEPARTMENT: City Manager's Office CM/ ACM: George C. Campbell SUBJECT: Consider adoption of an ordinance establishing the powers and duties of the traffic safety commission; repealing all ordinances and resolutions in conflict herewith; and providing for an effective date. BACKGROUND: City Council has requested that the advisory role and stricture of the Traffic Safety Commission be clarified by ordinance. Pursuant to discussions with Council Members and staff and upon review of the history of the Traffic Safety Commission the attached ordinance has been prepared for your consideration. A work session and an action item have been scheduled for council discussion and consideration on December 14. RECOMMENDATION: Staff recommends approval of Traffic Safety Commission ordinance. EXHIBITS Ordinance Respectfully submitted: George C. Campbell City Manager Odegahour documentAordinancesUftraffic safety commission.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING THE POWERS AND DUTIES OF THE TRAFFIC SAFETY COMMISSION; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Citizens Traffic Safety Support Commission was created by resolution of the City Council of Denton, Texas on June 19, 1973; and, WHEREAS, the Citizens Traffic Safety Support Commission was granted authority over appeals and variances involving parking lot/driveway permits by Ordinance No. 91-168; and, WHEREAS, the Citizens Traffic Safety Support Commission was renamed the Citizens Traffic Safety Commission ("the Commission") on August 17, 1993 by Ordinance No. 93-145; and, WHEREAS, the authority over appeals and variances involving these parking lot/driveway permits were superseded by the enactment of the Denton Development Code, Ordinance 2002-040; and WHEREAS, the City Council of the City of Denton desires to clarify the powers and duties of the Traffic Safety Commission for the benefit of the Commission and City Management, and to further repeal all previous actions of the City Council relating to the Citizens Traffic Safety Commission, or its predecessor Commission, whether by ordinance or resolution. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings contained in the preamble of this ordinance are incorporated herein as if fully set forth within the body of this ordinance. SECTION 2. The Traffic Safety Commission is hereby re-established and shall function as an advisory Commission to the City Council and shall consist of a seven (7) member board, with members who shall be citizens of the City of Denton, and who shall be appointed by the City Council. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the City Council. The presiding officer of the Committee shall be chosen annually by the Committee. SECTION 3. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and shall be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. s:llegahour documentAordinances1101traffic safety commission.doc SECTION 4. The Traffic Safety Commission shall be advisory only, and shall provide policy and traffic safety recommendations to the City Council for their consideration. The Traffic Safety Commission shall meet as needed when called by the City Council or the City Manager or his or her designee. SECTION 5. The powers and duties of the Traffic Safety Commission shall include and be limited to the making of recommendations to the City Council in matters brought forward to the Commission by the City Manager, or his or her designee, or assigned by the City Council, and which pertain to traffic safety education and publicity, ways and means of improving traffic conditions and safety, implementation of traffic control devices, public parking restrictions, or roadway speed limit designations. Nothing in this section shall restrict a majority of the Traffic Safety Commission from requesting that the City Manager, or his or her designee, consider placing an item on the agenda. SECTION 6. The Traffic Safety Commission shall observe and abide by applicable provisions of Chapter 2 of the Code of Ordinances of the City of Denton and the "Handbook for Boards, Commissions, and Council Committees" as adopted by the City Council by Resolution No. R2009-032, as now written or as may be amended from time to time. SECTION 7. All ordinances and resolutions, or parts of ordinances and resolutions, in force when this ordinance becomes effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of such conflict, including without limitation, the entirety of that resolution creating the Citizens Traffic Safety Support Commission dated June 19, 1973, Ordinance 91-168, and Ordinance 93-145. SECTION 8. This ordinance shall be effective immediately upon passage. PASSED AND APPROVED this the day of , 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: L ► l.. L UAL 1 1% , MARK BURROUGHS, MAYOR Page 2 This page left blank intentionally . AGENDA INFORMATION SHEET AGENDA DATE: December 14, 2010 DEPARTMENT: General Government CM/DCM/ACM: George Campbell, City Manager SUBJECT: Consider approval of a resolution by the City Council of the City of Denton, Texas regarding the opposition of any proposed legislation that would seek to erode local regulation of mineral development within the corporate limits of a municipality; and providing an effective date. BACKGROUND: The Town of DISH, TX, recently passed a resolution opposing any proposed legislation that would seek to strip, erode or preempt in any way the local regulation of mineral development within the corporate limits of a municipality (attached). They are asking local governments in the Barnet Shale to approve a similar resolution. DISH officials plan to collect any resolutions passed and present them to the Texas Legislature. Staff reviewed the wording in the DISH resolution, and made some revisions. The proposed resolution for your consideration merely seeks preservation of our ability to continue to regulate gas well operation in the city limits, by opposing any new state legislation that would restrict or remove that ability. RECOMMENDATION Staff recommends approval. However, because the resolution that Denton is considering is significantly different from the one proposed by DISH, staff recommends that if any resolution is adopted by the council on this issue, that we submit our resolution separately to our state delegation. PRIOR ACTION/REVIEW (Council, Boards, Commission): None FISCAL INFORMATION: None Respectfully submitted: John Cabrales Jr. Public Information/Intergovernmental Relations Officer Attachments: Proposed Resolution DISH Resolution and cover letter ADA/EOE/ADEA -,A--,A--,A-.citvofdenton.com (TDD 800-735-2989) sAlegal\our docunlentsVesolutiOnsll ©loppcrse legislation.doex RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, OPPOSING LEGISLATIVE CURTAILMENT OF MUNICIPAL REGULATORY AUTHORITY OVER MINERAL PRODUCTION, EXPLORATION AND DEVELOPMENT WITHIN ITS CORPORATE LIMITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is a home rule municipality located in Denton County; and WHEREAS, over the past decade mineral development in the Barnett Shale region of North Texas has been prolific and fast-paced; and WHEREAS, North Texas municipalities have responded to the rapid development of natural gas by working diligently to produce regulations that balance the interests of operators with those of the residents of their communities; and WHEREAS, local govermuent regulation of mineral development addresses local concerns about mineral development at a local level; and WHEREAS, in light of the foregoing, the City of Denton would respectfully oppose any proposed legislation that would seek to erode local regulation of mineral development within the corporate limits of a municipality; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, hereby respectfully opposes any proposed legislation that would seek to erode local regulation of mineral development within the corporate limits of a municipality. SECTION 2. This Resolution shall beconae effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _'2010. MARK, A. BUR ROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Y: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY. 1 M~ DIS' T E X A 5413 TIM DONALD ROAD • DISH, TX 76247 (940) 648-2040 • FAX (940) 648-2045 November 10, 2010 TO; TEXAS MAYORS AND LOCAL GOVERNMENT OFFICIALS The Town of DISH, TX has passed a resolution opposing any proposed legislation that would seek to strip, erode, or preempt in any way the local regulation of mineral development within the corporate limits of a municipality. DISH has enclosed a copy of this resolution, and would urge you to also present for approval from the local government officials. We would further ask that you return a copy of the passed resolution complete with the municipality's seal, to DISH. DISH will then present them as a group, all of the passed resolutions, to the Texas State Legislature. Please join us in voicing the opposition of legislative curtailment of municipal regulatory authority over mineral production and exploration within the corporate limits of a municipality. Sincerely Calvin Til man Mayor, Town of DISH Encl: Resolution RESOLUTION NO. RESOLUTION OF THE OF TEXAS OPPOSING LEGISLATIVE CURTAILMENT OF MUNICIPAL REGULATORY AUTHORITY OVER MINERAL PRODUCTION, EXPLORATION AND DEVELOPMENT WITHIN ITS CORPORATE LIMITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the , Texas is a general law municipality located in County, and created in accordance with the provisions of Chapter 8 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, over the past decade mineral development in the Barnett Shale region of North Texas has been prolific and fast-paced; and WHEREAS, North Texas municipalities have responded to the rapid development of natural gas by working diligently to produce regulations that balance the interests of operators with those of the residents of their communities; and WHEREAS, the Federal District Court for the Southern District of Texas first upheld the authority of Texas municipalities to regulate oil and gas development in TWO Oil Co. v, R.R. Convn'n (Tysco 1), 12 F. Supp. 195, 201 (S.D. Tex. 1935); and WHEREAS, in 1944 the Galveston Court of Civil Appeals upheld a requirement that oil and gas well operators acquire both a Texas Railroad Commission and municipal drilling permit (Klepak v. Humble Oil & Refining Co,, 177 S.W.2d, 215,218 (Tex. Civ. App-Galveston 1944); and WHEREAS, the oil and gas industry has sought to nullify at least seventy-five years of local regulation of oil and gas well development through pursuit of an industry-favored legislative "fix"; and WHEREAS, without local authority over oil and gas development, industry activities would be solely governed by the Texas Railroad Commission; and WHEREAS, the preemption of local government regulation of prolific and widespread mineral development in favor of an overburden State agency in that of the Texas Railroad Commission is ill-advised and ignores the need to address local concerns about mineral development at a local level; and WHEREAS, in light of the foregoing, the Town Board of Commissioners would respectfully oppose any proposed legislation that would seek to strip, erode or preempt in any way the local regulation of mineral development within the corporate limits of a municipality. NOW THEREFORE, COMMISSIONERS OF THE OF TEXAS: SECTION 1. That the Board of Commissioners of the of , Texas, hereby respectfully oppose any proposed legislation that would seek to strip, erode or preempt in any way the local regulation of mineral development within the corporate limits of a municipality. SECTION 2. That this Resolution shall be effective from its date of adoption. PASSED AND APPROVED ON THIS DAY OF 201.0. MAYOR ATTEST: TOWN CLERK BE IT RESOLVED BY THE BOARD OF EFFECTIVE: AGENDA INFORMATION SHEET AGENDA DATE: December 13, 2010 DEPARTMENT: Utilities Administration ACM: Howard Martin, 349-8232*'"--- SUBJECT Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas to act on behalf of the City of Denton in executing the acceptance of a Deed of Gift from Louise Davis for an approximate 31.8 acre tract situated in both the Jonathan Douthitt Survey, Abstract Number 329 and the John West Survey, Abstract Number 1331, Denton County, Texas: and providing an effective date. This item will be presented to the Public Utilities Board on December 13th 2010. BACKGROUND The property being considered is adjacent to the Clear Creels Natural Heritage Center (CCNHC) and will provide an opportunity for increased outdoor educational opportunities. The property also provides increased protection of the Clear Creek watershed by maintaining minimal impact activities on the site. This property was identified many years ago, during the conceptual planning for CCNHC, as a desirable acquisition to support the mission of the nature center. On several occasions city staff has had discussions with Mrs. Davis regarding the property and earlier this year Mrs. Davis expressed that she was considering donating the property to the City in memory of her late husband, Brice Davis. In November Mrs. Davis informed the City that a gift deed was forthcoming. The property has been vacant for many years and is primarily open field with a border of forested property along the CCNHC boundary. Mrs. Davis wishes for the property to be used to encourage and enhance outdoor learning, activities and the general enjoyment of nature and the outdoors. OPTIONS 1. Reject donation of property 2. Accept donation of property RECOMMENDATION Staff recommends acceptance of donation of property. ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item will be presented to the Public Utilities Board on December 1 th 3 2010. FISCAL INFORMATION Additional maintenance cost, mowing fence repair would be absorbed by the Clear Creek Natural Heritage Center maintenance program and budget. BID INFORMATION N/A EXHIBITS 1. Ordinance 2. Location Map Respectfully submitted: Howard Martin, ACM/Utilities Prepared by: Katherine Barnett-White Sustainability and Special Projects Administrator s:Uegailour documentslordinances\] Mdavis tract ordinance of acceptance.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO ACT ON BEHALF OF THE CITY OF DENTON TO ACCEPT A DEED OF GIFT FROM LOUISE DAVIS, CONVEYING TO THE CITY OF DENTON AN APPROXIMATE 31.8 ACRE TRACT SITUATED IN BOTH THE JONATHAN DOUTHITT SURVEY, ABSTRACT NUMBER 329, AND THE JOHN WEST SURVEY, ABSTRACT NUMBER 1331, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Louise Davis wishes to donate to the City of Denton, Texas an approximate 31.8 acre tract to be used in conjunction or association with the Clear Creek Natural Heritage Area, as described within the Gift Deed, attached hereto as Exhibit "A"; WHEREAS, the City of Denton desires to accept the Gift Deed, along with its covenants or conditions of use prescribed therein; and WHEREAS, the City Council of the City of Denton finds the acceptance of the Gift Deed, prescribing the use restrictions set forth therein, is in the best interest of the citizens of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The City Manager is authorized to act on behalf of the City of Denton in accepting the Deed of Gift from Louise Davis for an approximate 31.8 acre tract, a copy of which deed is attached hereto and made a part hereof. SECTION 2: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED OF GIFT THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That I, Louise Davis ("Grantor"), of 824 Ector Street, Denton, Denton County, Texas 76201, for and in consideration of the fulfillment of my desire to have Scenic Uses, as defined below, situated on the property herein set out, to be named the "Bruce Davis Nature Preserve" in memory of my deceased husband, have granted, given and conveyed, and by these presents do grant, give and convey, unto the City of Denton, Texas, a home rule municipal corporation, for the use and benefit of the City of Denton, Texas, solely for the purpose of establishing and maintaining an area, being adjacent to the Clear Creek Natural Heritage Area, to protect the natural and scenic aspects of the Property and to promote the conservation of such natural and scenic characteristics and associated wildlife habitat values as set forth in and as incorporated into the Clear Creek Area Management Goals and Strategies, as same may be amended from time to time, specifically including, without limitation, the construction, reconstruction, relocation, operation, maintenance and repair of structures, facilities and improvements related to the promotion of the natural and scenic value of the Property, as well as such other public educational and recreational uses as are consistent with those goals and the enjoyment of nature and the outdoors, specifically including, without limitation, hunting; fishing, swimming, boating, camping, picnicking, hiking, horseback riding, nature study - including bird-watching, bicycling, jogging, and dog walking; but specifically excluding any such public educational or recreational activities or structures that are inconsistent with such goals, such as improved sports fields, stadiums, basketball courts, skate ramps, paintball areas, or uses involving the operation of motorized vehicles, except as necessary to facilitate parking, service and maintenance of the area (the "Scenic Uses"), all that certain property more particularly described by metes and bounds in Exhibit "A", attached hereto and made a part hereof (the "Property"). TO HAVE AND TO HOLD the above-described Property, together with all the rights and appurtenances lawfully accompanying the Property, subject to the restriction, covenant and condition that the Property will be henceforth used and maintained by Grantee for Scenic Uses, and to be named the "Bruce Davis Nature Preserve." This conveyance is made subject to the further restriction that Grantee, to the extent within its legal authority as a mineral owner, shall not use the surface or cause the surface to be used for mining, drilling, exploring, operating, and developing the Property for oil, gas, and other minerals and for removing them from the Property. Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, successors and/or assigns to WARRANT AND FOREVER DEFEND all the said Property unto the said Grantee against every person whomsoever claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise. p Witness my hand this ~ day of ~J~[ rli 4 46e~, 2010. U SE DAVIS THE STATE OF TEXAS COUNTY OF DENTON § This instrument was acknowledged before me on this ! day ofV 2010 by LOUISE DAVIS CINNAMQN A. MOON " MY CONlfiAiS5i0N EXPIRES ACCEPTED BY GRANTEE: George C. Campbell City Manager, City of Denton, Texas After Recording Return to: Jerry Drake City of Denton 215 E. McKinney Street Denton, Texas 76201 / I/ j =77~- 1 - otary Public, S of Texas My commission expires: 5lal o? 0/~ Clear Creek Natural Heritage Area 33 Katherine Barnett, Sustainability and Special Projects Administrator, presented an overview of 34 this item. This is a 39 acre private property adjacent to the Clear Creek Natural Heritage Center, 35 just east of the Wastewater Treatment Plant property off of Hartlee Field Road. Staff has been 36 interested in this property for several years, going back more than 10 years. It is a natural fit 37 with the Clear Creek Natural Heritage Center management plan and had identified this property 38 as a desirable tract of property to have to enhance the environmental education activities. Ms. 39 Davis was approached several years ago about purchasing this property she wasn't inclined to 40 sell at that time. As Ms. Davis has aged she hasn't been able to go out to the property as much 41 so Barnett kept eye on the property for her. Davis stated that it had become more of a hassle 42 and wanted to give it to the City. It is a great opportunity to increase the Clear Creek Natural 43 Heritage Center's goals. The last property that the City purchased out there was in 2003 and we 44 paid $12,000 per acre. Chair Smith stated that the deed read that Ms. Davis wishes for this 45 property to be used for enhanced outdoor ect., is there a way that it can become a part of the 46 wastewater plant property, is it possible or prohibited to use other than the Clear Creek Natural 47 Heritage area. Barnett stated that it cannot become part of the wastewater property nor can it 48 become ball fields. Draft Minutes of the Public Utilities Board Meeting November 8, 2010, 2010 Page 2 of 2 2 4 5 6 Board Member Grubbs moved to recommend approval o item 13 with a second from oar Member Russell. The motion was approved by a 5® vote; Board Member Baines had already left the meeting. Adjournment was at 11:15 a.m.