December 14, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES
December 14, 2010
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, December 14, 2010 at 4:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member King, Council Member Engelbrecht, Mayor Burroughs, Council
Member Watts, and Mayor Pro Tem Kamp.
ABSENT: Council Member Heggins and Council Member Gregory.
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.
Bryan Langley, Chief Financial Officer, presented the Airport governance options. In terms of
background information, the Airport Master Plan was approved by the Council in 2003 and
recommended that the Airport become financially self-reliant and become a major economic
development benefit to the community. The Airport Business Plan was approved by Council on
November 16, 2010. The Business Plan stated that the city should consider modifying the 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.
The current Airport Advisory Board was comprised of seven members appointed by the Council
and advised the Council and/or City Manager on airport issues such as lease agreements,
development of policy and grant projects. Similar to other advisory boards, the Airport Advisory
Board may only make recommendations with final decision making authority resting with the
City Council. The Airport Manager was responsible for the day-to-day operations at the Airport.
Issues/Questions - Did the current Airport Advisory Board governance stricture best fit the goal
of establishing the Airport as an economic engine for the community. While a number of options
would be presented for consideration, staff could work with any of the models presented.
Governance Stricture Options - Option A - Redefine the role and membership requirements of
the Airport Advisory Board to clarify expectations. Option B - transfer the airport governance to
another existing board or council committee. Option C - status quo. Option D - transfer
banding, marketing and development incentive activities to the Economic Development
Partnership Board and create a new council committee to oversee all other activities for the
Airport. This option was the recommended staff option. The Airport Advisory Board had a
special called meeting the previous night with this issue discussed. He presented a memo with
their recommendations which included tabling the changes or increasing the membership of the
current board with one new member from the Economic Development Partnership Board and
one new member from the Chamber.
Option D - The Economic Development Partnership Board would be tasked with review,
consider and make recommendations to the Council concerning Airport branding and marketing
efforts; outline airport development incentive policies and make recommendations to the Council
concerning any development incentives as assigned by the Council or requested by the City
Manager; and leverage common community goals and create a synergy between the development
of the Airport and the development of the overall community. To accomplish these tasks, the
Economic Development Partnership Board membership would be expanded by two members.
An Airport Committee would be created to review, consider, and make recommendations to the
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December 14, 2010
Page 2
Council regarding Airport operations as assigned by the Council or requested by staff. Day-to-
day operations would continue to be managed by the Airport Manager. A standing meeting (at
least quarterly) with existing stakeholders, clients, and tenants would be held to discuss safety
and security issues, airport operations, development activities, special events, and any questions
or other issues. Reports from these meeting would be provided to the Airport Committee.
Summary - staff was proposing that the current Airport Advisory Board duties be reassigned to
the Economic Development Partnership Board and a new Council Airport Committee. Benefits
of this approach would include expanded marketing efforts and enhanced collaboration with
community development initiatives, effective implementation of the 2010 Business Plan and
enhanced stricture to provide the Council with more direct contact on airport issues.
Council Member Watts stated that the proposed stricture would include two new members of the
Economic Development Partnership Board with one new member having aviation experience.
He questioned if the other new member would have a particular type of expertise.
Langley stated that the other member would have specific knowledge to be perceived valuable
by the Economic Development Partnership Board and a good match for the charge presented to
the Board.
City Manager Campbell stated that the second person to the Board might be someone whose
focus was not narrow to that a particular issue but rather a general sense of the community.
Council Member King asked about current leases at the Airport and how a lease would develop
under the proposed stricture.
Langley stated there was an incentive policy for development at the Airport. If an incentive met
the guidelines of the policy under the proposed stricture, it would go to Council. Currently it
went to the Airport Advisory Board and then to Council.
Council Member King asked about the extension/renewal of contracts.
Langley stated that currently those went to the Airport Advisory Board and then to Council.
With the proposed stricture, they would go to the Airport Committee and then to Council.
Council Member King asked about stakeholder and tenant problems with no results.
Langley stated that currently if there was an issue, the tenant would go to the Airport Manager
first and then through the management chain to the City Manager. If still not satisfied, the tenant
could go to the Council.
City Manager Campbell stated that if an issue came to the City Manager's office through staff
and was still not resolved, under the new proposal, the issue would be taken to the Council
Committee and then to the full Council.
Council Member King asked about a major infrastructure change and how it would be handled
under the current process and how it would be handled with the proposed process.
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December 14, 2010
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Langley stated that any infrastructure change currently would go the Airport Advisory Board and
then to Council. With the new proposal, it would go to the Airport Committee and then to
Council.
Mayor Burroughs noted that potential development at the Airport could also be brought to the
Economic Development Partnership Board to see if it would qualify as economic development.
Langley stated that would be a possibility.
Council Member Engelbrecht asked if there would be anything that currently went to the Airport
Advisory Board that under the new scenario would not go to the stakeholders/tenant relations
board.
Langley stated that some things would not go to stakeholders. The stakeholders meeting would
be more of an informational meeting rather than action items.
Council Member Engelbrecht stated that the Airport Advisory Board was currently advising
Council and the tenant/stakeholder meetings would be designed to get information to the tenants
and not function in an advisory capacity.
Langley replied correct that it would not be an advisory function but would receive information
from that group and also provide information to that group.
Council Member Engelbrecht stated that then there would be no one to serve in an advisory
capacity to the Council.
Langley replied that there would be the Airport Committee to advise Council.
Council Member Engelbrecht stated that this group might not have any airport expertise or
experience. He did not see the development of such a committee in the proposed resolution.
Langley stated when the resolution was drafted, staff worked on language to assign that duty to
an existing committee but the resolution specifically created the Airport Committee.
City Manager Campbell stated that the tenant/stakeholder meetings were intended as informal
meetings and were not an appointed specific group. Anyone with interest or who might want to
express an opinion or a suggestion for the Airport could attend the meetings.
Council Member Engelbrecht asked about the tenant relations committee.
Langley stated that it was not a committee but a meeting with interested people dealing with the
Airport.
Council Member Engelbrecht asked if there were plans for regularly scheduled meetings of the
group.
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December 14, 2010
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Langley stated that the plan was to meet no less than quarterly. There could be monthly
meetings at the beginning but then back off to quarterly meetings as the proposed plan
progressed.
Mayor Burroughs stated that his preference would be to formalize the tenant meetings to be at
least quarterly but would like to explore the possibility of a subcommittee of Council to work
with governing at the Airport and have a representative working group of tenants at the meetings.
Mayor Pro Tem Kamp stated that she was not in favor of adding another council committee. The
Mobility Committee dealt with mobility and transportation which the Airport was a part of. At
this time, leave it with the Mobility Committee as there would be a cross over if another
committee were formed.
Council Member Engelbrecht disagreed with that position. He felt the Mobility Committee
specifically looked at transportation and the Airport included economic development and
marketing which was not in the realm of the Mobility Committee. He felt there should be
another group to provide more information to Council. The transportation issues could go to the
Mobility Committee but not all airport issues.
Council Member Watts stated that he agreed with a separate airport committee. The current
proposal would change the Airport to be governed primarily as a designation of an enterprise
fund. That designation provided a lot of different duties than what a Mobility Committee would
look at and was more than just a transportation issue. He felt an airport committee would be
more in line with that designation. An aviation person on the Economic Development
Partnership Board did not guarantee that person would be active in the Airport and there was no
guarantee for a business owner at the Airport. This could be a person who had a general interest
in the Airport with no ties to the actual Airport
Langley stated that it could be someone connected with the Airport or someone in the
community with expertise on airport matters.
Mayor Burroughs felt that current and past members of the Airport Advisory Board had
historical information about the Airport and would be a good pool of talent available for a
position. Another source might be the chair of the UNT Aviation Department as he would have a
large amount of background in that area. He suggested trying out the committee as a separate
committee for a year to see how it operated and then evaluate it.
Council Member Engelbrecht asked if there would be a name for the tenant group.
City Manager Campbell stated that the function was to schedule meetings and function as a
formal group. It would be open to anyone who wanted to participate.
Council Member Engelbrecht stated that he would like to see a policy statement regarding the
operating procedures of the meeting, how often it would meet, etc.
City Manager Campbell stated that staff would establish a quarterly meeting of the group.
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December 14, 2010
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Mayor Pro Tem Kamp stated that the tenant meeting would be open to current advisory board
members.
Langley replied correct that they would be open to anyone.
Mayor Burroughs stated that if an individual owned a facility at the Airport, he might have
difficulty with development issues if on the Economic Development Partnership Board and could
be in conflict with the duties of the Board.
City Manager Campbell stated that Council would have to take that into consideration. Aviation
expertise could be someone not associated with the Denton airport but someone with that kind of
expertise. The nominating committee would take that into consideration.
2. Receive a report, hold a discussion and give staff direction regarding the Traffic Safety
Commission.
City Manager Campbell stated that the Traffic Safety Commission had a long history as it had
been in existence for 27 years. The Commission had changed duties and responsibilities over the
years but also the changes to the duties were not always clear. In June Council directed staff to
look at those duties, clarify them and restate the charge. The Commission would change to
seven members and the proposal clarified the charges. It also left open the option for Council to
assign a specific topic to the Commission if it wanted and also allowed staff to have a place to
take questions if needed. The ordinance was drafted as he understood Council's previous
direction.
Mayor Burroughs stated that the Commission's shift in duties presented problems and frustration
to the commission members over the years because of a lack of direction. He was glad to see the
charge detailed out in the ordinance.
Council Member King left the meeting.
Following the completion of the 2nd Tuesday Session, the Council convened in a Special Called
Session.
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.
City Manager Campbell stated that this was the first of two ordinances to implement the Airport
Business Plan.
Speaker cards were received by the following:
Bob Clifton, 1800 Morris, Denton, 76201 - spoke in opposition
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December 14, 2010
Page 6
Bill Scholfield, 2224 Hollyhill, Denton, 76205 - spoke in opposition
Jeremy Fykes, 3924 Chimney Rock, Denton, 76210 - spoke in opposition
Don Smith, 2107 Emerson, Denton, 76209 - spoke in opposition
Jim Clark, 1220 Tulane, Denton, 76201 - spoke in opposition
Bob Pugh, 2714 Brookfield, Denton, 76209 - spoke in opposition
Rick Woolfolk, 115 W College, Denton, 76201 - spoke in opposition
Mayor Burroughs asked Mr. Woolfolk what concerns he might see with the tenants/stakeholders
group.
Woolfolk stated that the Board had asked for quarterly meetings with the tenants but they never
materialized. Meetings were not held that the Board felt was important. He felt part of the
problem was the staff.
Council Member Engelbrecht stated that staff comments with regard to the Airport Board
appeared that the Board did a great job and continued to do it. He questioned why the Board
would go away when it had done a good job.
City Manager Campbell stated that there was no suggestion that the Board had not done a good
job. The city changed over time, in particular, with high growth. For five years the Council
requested to move the Airport to a self-sustaining enterprise fund which had now been
accomplished. The dynamics of the City and Airport had changed and staff was trying to elevate
attention to the Airport as a tool for economic advancement for the community. The proposal
was shifting oversight of the development responsibilities to the Economic Development
Partnership Board which would expand the scope for the Board as it related to the Airport and
tenants to the overall scheme of the City. It would give an opportunity to expand the horizon for
everyone. There had been a lot of discussion for the tenants. The suggestion was to do just what
the Board had recommended in the past. It would provide changes in the organizational stricture
to make more attention and economic decisions for the budget for the city. Change needed to be
made to the governance stricture to make it closer to City Council.
Mayor Burroughs stated that the division of the Airport to an enterprise fund was beyond that
which the Airport Advisory Board traditionally looked at because the enterprise fund was to
focus on independence and to no longer have the airport subsidized by the taxpayers. There was
a need to determine how best to develop the Airport into something it currently was not. He felt
the stricture issue for determination to be an enterprise fund was a Council decision. The
primary issue was how to make a stand alone enterprise fund and not an operations issue. The
purpose of the Economic Development Partnership Board was to develop economic aspects of
the community as it was already focused on incentives, marketing and development. The
tenant/stakeholder working group would be an important role that the Airport Advisory Board
had now in most respects with broader ground. The Airport Advisory Board was to reflect
Council policy and make recommendations.
Council Member Engelbrecht stated that the Airport Advisory Board had done ground level
work and was looked at very seriously for many years. He was concerned that aspect was
missing from the plan. The stakeholders would look at various things but would they look at that
with a great of detail and that sort of motivation that the current Board was doing. He felt that
issue had not been addressed and he was not comfortable replacing that group with one or two
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December 14, 2010
Page 7
staff members with less experience with aviation. He wanted a way to ensure that operational
look and oversight was within the new plan.
Mayor Pro Tem Kamp questioned the meaning of operational. She felt that was not a function of
the Airport Advisory Board but rather a function of staff.
Council Member Engelbrecht stated that it would be being diligent at watching and
recommending a number of directions for the Airport.
Mayor Pro Tem Kamp stated that she was not disagreeing with that. Council was the policy
makers and committees and boards served in an advisory capacity. Operations, whether at the
Airport or Parks and Recreation, was not a function of an advisory board. It was a function of
staff. She also was not arguing about the dedication of the Airport Advisory Board
Council Member Engelbrecht stated that it was the function of departments for operations but the
boards were looking directly at those operations and providing a level of information and view
that Council did not do. That was a group of citizen that was doing it. If taken away, it would
not be done.
Mayor Pro Tem Kamp replied that it was not being taken away.
Council Member Engelbrecht stated that it would be a different kind of function if it only met
quarterly and not the same kind of dedication that would be lost or diminished. He was
concerned no one would be picking that up when it was an enterprise fund. He would be more
comfortable if it were incorporated into a regular dedicated oversight committee by citizens such
as the Airport Advisory Board.
Council Member Watts stated that he was really conflicted on the issue. He read an article in the
Sunday, December 12th paper with no identification of who made the statement that the City
Manager was pushing the plan and that it was an attempt to suppress public input. He had
received a letter in August from the then presiding Chair of the Airport Advisory Board, Charles
Brown, that asked to him recommend or advocate that the Board not have to comply with Texas
Open Meetings Act. Under State law an advisory board was not held to that standard but
Council had adopted regulations concerning boards and commissions that they would subscribe
to the Open Meeting Act. That concerned him when he received that letter. He felt it was more
public suppression by the letter or spirit to not comply with the Open Meetings Act. While that
was not part of his deliberation on where he stood on the issue of the Airport Advisory Board, he
wanted to let the public know when contrary statements were said and the record needed to be
set straight. He continued that he was uncomfortable making a decision to change the
governance stricture with only four members of the Council present. There was a legal quorum
present but he was still uncomfortable make the decision without a full Council.
Mayor Pro Tem Kamp motioned to table the item. Council Member Engelbrecht seconded.
City Attorney Burgess asked if the intent was to bring back the item at the next Council meeting.
Mayor Pro Tem Kamp revised her motion to continue the item until the February 1st Council
meeting. Council Member Engelbrecht seconded that change.
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December 14, 2010
Page 8
On roll call vote, Council Member Watts "aye", Council Member Engelbrecht "aye", Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
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.
Mayor Burroughs stated that this was a companion item to the previous one and questioned if
those citizens who had submitted a Speaker Card wanted to comment on this item.
No citizen spoke on the item.
Mayor Pro Tem Kamp motioned, Council Member Watts seconded to continue the item to the
February 1st Council meeting. On roll call vote, Council Member Watts "aye", Council Member
Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried
unanimously.
Item 45 was considered.
Ordinance No. 20 10-3 18
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.
Katherine Barnett-White stated that Mrs. Davis had offered to give the land next to the Clear
Creek Heritage Center to the City in honor of her husband. Acceptance of this land would allow
the city to enhance the environmental component of the Center which could not currently be
done on the Corps site. It would be used for outdoor education.
Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to adopt the ordinance.
On roll call vote, Council Member Watts "aye", Council Member Engelbrecht "aye", Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Item 44 was considered.
Resolution No. 2010-047
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.
City of Denton City Council Minutes
December 14, 2010
Page 9
John Cabrales, Intergovernmental Relations/Public Information Officer, stated that the City had
received a letter from Dish regarding a resolution they had passed on gas drilling. There was a
concern with the next legislative session that bills might be filed that would erode or remove
municipal gas regulation in corporate city limits. The wording of Denton's resolution had been
modified to be consistent with comments made by the Mayor and if approved, the resolution
would be sent directly to Denton's delegation.
Mayor Pro Tem Kamp stated that the resolution was in support of what Dish had asked for but
the wording was different to be specific for Denton.
Cabrales stated that the wording from Dish was very board and it was tapered down for Denton's
circumstances. The thought was to share the resolution with Denton's delegation.
City Manager Campbell stated that it would be submitted to Denton's delegation as opposed to
being submitted with other resolutions similar to Dish.
Council Member Engelbrecht motioned, Council Member Watts seconded to approve the
resolution. On roll call vote, Council Member Watts "aye", Council Member Engelbrecht "aye",
Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Item 43 was considered.
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 Manager Campbell stated that this item had been discussed in the Work Session and the
ordinance was in the Council's packet for approval.
Speaker Cards were submitted from the following:
Bob Clifton, 1800 Morris, Denton, 76201 - opposed
John Crew, 141 Springtree, Denton, 76209 - opposed
City Attorney Burgess stated that the ordinance had been amended to add language to include
that the meeting times to be quarterly no less than once per quarter.
Mayor Burroughs felt that the ordinance accomplished what the Commission wanted to do and
provided more clarification.
Council Member Engelbrecht suggested adding wording to incorporate pedestrian and bike
traffic among the Commission's duties.
The Council discussed the incorporation of wording into the duties of the Commission regarding
pedestrian and bike traffic noting that it could possible include a bike path issue. It was also
questioned if it would include all issues of mobility and traffic as it related to bicycles and what
would be taken to the Commission in those areas. If the issue were a design issue it could
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December 14, 2010
Page 10
include platting and would not be appropriate for the Commission but a safety issue might be
appropriate.
Council Member Engelbrecht motioned, Council Member Watts seconded to adopt the ordinance
as amended with the wording proposed by the City Attorney. On roll call vote, Council Member
Watts "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 6:35 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS