August 10, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES
August 10, 2010
After determining in Open Session that a quorum was present, the City Council of the City of
Denton, Texas convened in a Closed Session on Tuesday, August 10, 2010 at 4:00 p.m. in the
Council Work Session Room, 215 E. McKinney Street, Denton, Texas.
PRESENT: Council Member Watts, Council Member Heggins, Council Member Gregory,
Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs.
ABSENT: Council Member King
1. Closed Meeting
A. Deliberations regarding consultation with the City Attorney---Under TEXAS
GOVERNMENT CODE Section 551.071 and Section 551.087 - Deliberations
regarding Economic Development Negotiations.
1. Receive a report and hold a discussion regarding legal issues on matters in
which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with the provisions of the Texas Open Meetings Act, Chapter 551
of the Texas Government Code. Also hold a discussion regarding granting
economic development incentives to a candidate and the discussion shall
include commercial and financial information the City Council has received
from the candidate which the City Council seeks to have locate, stay, or
expand in or near the territory of the City, and with which the City Council
is conducting economic development negotiations; including the offer of
financial or other incentives.
This item was not considered.
B. Deliberations regarding consultation with the City Attorney Under Texas
Government Code Section 551.071 and Real Property - Under Texas Government
Code Section 551.072.
1. Consultation with attorneys regarding potential litigation concerning lease
issues at the Denton Municipal Airport and receive a report, hold a
discussion regarding the lease or value of real property located on the
Denton Municipal Airport. Such deliberation in an open meeting would
have a detrimental effect on the position of the City of Denton in
negotiations with a third person and the receipt of legal advice on a matter in
which the duty of the attorney to the City of Denton under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551 of the Texas Government Code.
C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086.
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Page 2
1. Receive competitive public power information from staff in the form of a
proposed operating budget for Denton Municipal Electric ("DME") for the
upcoming fiscal year, including without limitation, revenues, expenses,
commodity volumes, and commitments, and the direction of DME; and
discuss, deliberate, consider adoption of the budget and other matters, and
provide staff with direction regarding such matters.
Council Member Gregory motioned, Mayor Pro Tem Kamp seconded that the item was
appropriate for deliberations under the Public Power Utilities exception. On roll call vote,
Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye",
Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye".
Motion carried unanimously.
D. Consultation with Attorneys -Under Texas Government Code, Section 551.071.
1. Receive a report and hold a discussion regarding legal issues on matters in
which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with the provisions of the Texas Open Meetings Act, Chapter 551
of the Texas Government Code. Also hold a discussion regarding the
termination of a Chapter 380 Agreement between the City of Denton and
SFT Industrial, Ltd. ("Granite") for property located on I-35W south of
Airport Road.
2. Receive a report and hold a discussion regarding legal issues on matters in
which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with the provisions of the Texas Open Meetings Act, Chapter 551
of the Texas Government Code. Also hold a discussion regarding a request
for an economic development incentive for John H. Plott Company for a
portion of the Granite Point development located on I-35W south of Airport
Road.
Following the completion of the Closed Session, the City Council convened in a 2nd Tuesday
Session.
1. Receive a report, hold a discussion, and give staff direction regarding the Denton Airport
2010 Business Plan.
Randal Wiedemann, R.A. Wiedemann & Associates, reviewed information on the plan.
Overview of Presentation - Wiedemann reviewed the background and management stricture,
existing airport characteristics, baseline financial projection, alternatives, and recommended
plan.
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Business and Financial Projections - The history of the airport revenues and expenses was
reviewed. A key factor was revenue from gas wells that would eliminate any potential operating
debt if it could be used for operating revenues. If not, there would be a net operating deficit.
Revenue enhancement options included sources of revenue involving aviation activity or leases
such as runway extension/new parallel runway; branding; attracting corporate aviation;
university aviation program for training; maintaining training contracts; rates and charges
analysis; hanger development options; west side development; and other strategies. It was
suggested that growth projections increase by 65 based aircraft and almost 40,000 operations by
2018 or sooner.
Management and Policy Recommendations included (1) establish an airport enterprise fund for
FAA policy on revenue diversion, and FAA grant assurances for self-sufficiency; (2) keep
reversion clauses in leases; (3) increase airport staff by one in the near term; (4) use gas well
revenue reinvestment to build-to-suit revenue producing investments; and (5) meet with tenants
on a regular basis.
Revenue Enhancement Recommendations suggested private and public investment in capital
development projects. Those might include an aviation residence hall, hangar development,
parallel runway, southeast taxiway area expansion, land acquisition, and west side development.
Another area for consideration was airport branding/marketing activities.
The Recommended Plan Pro Forma suggested alternatives for ground leases, city build-to-suit
and a combination of ground leases and building to suit in terms of net operating income per year
from 2011-2018. Ground leases only would realize about $2.5 million in 2018. If the city did a
build-to-suit, there was the possibility of realizing $7.1 million by 2018 or a 50/50 combination
of ground and build-to-suit might realize $6.2 million by 2018.
Council Member Watts asked if the gas well revenues were incorporated into the income.
Wiedemann indicated that they were not.
Mayor Burroughs questioned the difference between the two alternatives.
Wiedemann stated that 2011 represented the first investment by the city in a project. Gas well
revenue would fund the capital investment and be used for improvements. That would be an
annuity for the airport which would produce a fund balance for the life of the building.
Brian Langley, Director of Finance, stated that a proposal was to make an enterprise fund at the
airport for operating and revenues plus the gas wells. It would be part of all the same fund. The
City could sell bonds to pay for debt service for improvements at the airport.
Council Member Gregory questioned that at some point when the number of daily operations
increased would the FAA require some type of higher level of fire suppression or an airport fire
station.
Wiedemann stated that would occur when the airport was a 139 facility which dealt with airline
service or charter airlines. That was not typically required for general aviation.
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Council Member Gregory asked if there might be the possibility that there were operations or
people who would want to park bigger jets if a fire station were present.
Wiedemann stated that it could help for certain type of operations such as higher corporate
planes.
Council Member Gregory asked for a staff report with bullet points for and against the ongoing
discussion of contract issues. The report could include benefits to the city and downsides to
attracting and keeping customers.
Council Member Heggins questioned the importance of branding and a possible name change of
the air terminal.
Wiedemann stated that the name would recognize what was really going on at the airport. The
airport had outgrown the "municipal" connotation and could be better described as a "regional"
airport.
Mayor Burroughs asked if the current recommendation was that future hangar development or
other development at the airport be exclusively the City.
Wiedemann replied that the report was just showing relative return on each type of development.
Many airports had a combination of public and private ownership.
Council Member Gregory discussed public versus private hangar in terms of ad valorem tax on
improvements. If the city owned the land and a lessee built a hangar on the land, improvements
and the value of the hanger would be subject to ad valorem taxes.
Wiedemann said that would be correct.
Council Member Gregory stated that the hanger would be taken off the rolls if it were owned by
the City.
Mayor Burroughs asked if there were examples of other airports that had followed the model
being suggested for the enterprise fund.
Wiedemann stated that there were many examples and they could provide those to Council.
Mayor Burroughs asked about financing beyond the life of the gas wells and if the model showed
that the airport would be able to sustain itself indefinitely.
Wiedemann stated that was the goal. That by investing in an annuity it generated its own return
and accumulated those returns in order to do other projects.
Mayor Burroughs requested examples of successful airport programs that were not subsidized
with city funds.
Mayor Burroughs noted that on page 35 of the master report the gas well fund balance had a
different revenue on page 40.
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Wiedemann stated that one was total fund balance growth and the other included disbursements.
Mayor Burroughs asked if the gas wells included interest earning on the fund balance.
Hix stated it was not included in the projections.
Mayor Burroughs stated that the assumption was a fully leased airport in terms of gas wells.
Hix stated that there were no projects at this time for future wells.
Mayor Burroughs stated that it was mentioned that the gas well revenue would be used for
reinvestment. That meant capital improvements, non-operating expenses. There was also a
mention of using those for operations.
Wiedemann stated that there were two components to revenue. One was the surface lease and
the other was the royalties. The problem was separating the two and having the surface leases
(ground leases) used for operational costs such as needs at the airport and the bulk of the revenue
(royalties) to be assigned to capital investment projects.
Mayor Burroughs asked about making changes to the mission statement.
Wiedemann replied that the current statement was just a suggestion and would welcome any
suggestions for changes.
Mayor Burroughs noted that at some point in time those changes would have to be made.
Wiedemann stated that the Business Plan provided direction for staff on how to proceed and
potential goals.
Council Member Watts asked about the gas well revenue indicated on Table 13 and whether it
included revenues from the new wells in 2009.
Hix stated that the Tables could be updated with the new projections and suggested a future work
session with recommendations from the Airport Board and opportunity for future discussions.
2. Receive a report, hold a discussion and give staff direction on the 2010-11 City Manager's
Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.
Bryan Langley, Director of Finance, stated that staff did not have anything specific to review at
this meeting but he was available for questions and discussion if needed.
City Manager Campbell stated that staff would take the recommendations from the Council for
changes and would show the bottom line on how those would affect the budget.
Mayor Burroughs stated that it appeared that the gas well fund balance was going down to
nothing with the projection on the Denton Plan and Mobility Plan. He questioned if Council did
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Page 6
not want to not wipe out that revenue source, could those two plans be put on hold and absorb
those costs in some other form rather than using those funds.
Council Member Gregory stated that the cost estimate provided a whole new Comprehensive
Plan which was not what he was expecting. He was expecting to look at the plan, review what
had been accomplished, what still needed to be accomplished and what no longer wanted to be
accomplished rather than a whole new comprehensive plan. That scenario would be less
expensive.
City Manager Campbell stated that the gas well numbers were intended to be place holders until
staff was ready to present the projects. The DTIP should move ahead more rapidly over the
Mobility Plan. A scope of work for the projects was needed.
Assistant City Manager Greene stated that the Comprehensive Plan would affect the Mobility
Plan and the Downtown Plan. There was a sense of urgency for the updates and would probably
take a two budget year term. The Comprehensive Plan would be a major rewrite including the
DTIP and Mobility Plan.
City Manager Campbell stated that staff could look at other sources to fund those and spread the
cost out over two years.
Mayor Pro Tem Kamp asked for the cost for each of the plans.
Council Member Watts asked for discussions on the expenditures for the gas well funds before
they were set in stone.
City Manager Campbell stated that the proposal could be presented in a different manner such as
potential projects to be done with these funds and not designate in the budget document the exact
projects. That would establish an appropriation for the studies that would be available when
needed.
With no further business, the meeting was adjourned at 5:55 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS