2011-11-22 Council Airport Committee MinutesCity Council Airport Committee
Tuesday, November 22, 2011
Approved Meeting Minutes
After detei-mining that a quorum was present, the City CoLUlcil Airport Con-imittee of the City of
Denton, Texas, convened in a regular meeting, oil Tuesday, Noveinber 22, 2011, at 11:00 a.m. in
the Coinlnunity Rooin of the Civic Center, 321 E. McKinney Street, Denton, Texas.
PRESENT: Council Member Jim Engelbrecht, Mayor Pro Tein Pete Kainp, and
Council Member Chris Watts.
STAFF PRESENT: Jon Forhule, Assistant City Manager; Bryan Langley, Chief
Financial Officer; John I�light, Deputy Attorney; Marlc Nelson,
Director of Transportation; Deputy Fire Chief Keruieth Hedges,
Quentin Hix, Aii�ort Manager; and Theresa Jaworski, Recording
Secretary.
OTHERS PRESENT: Bob Eames, Chair of the Aiiport Advisory Board and Jim Stodola,
Coinmittee Member of the Airport Advisory Board.
The meeting was called to order at 11:05 a.m. by Council Member Engelbrecht.
Item 1: Consider approval of minutes from the meeting held on September 23, 2011.
Mayor Pro Tem Pete Kamp motioned to approve the minutes followed by a secoiid by Council
Meinber Chris Watts. The inotion carried unanimously.
Item 2: Receive reports by citizens and other interested persons.
With no reports by citizens or other interested persons, Cotuicil Member EngelUrecht addressed
Item 3.
Item 3: Receive a report, hold a discussion and provide a i�ecommendation regai•ding a
resolution of the City Council of the City of Denton, Texas, formally �ccepting the donation
of an Airport Rescue and Fire Fighting vehicle; and, providing an effective date.
Quentin Hix, Airport Manager, reminded the Committee that Denton Airport is currently
operating an Airport Rescue and Fire Fighting vehicle (ARFF Truck) under a short term lease (six
months) with Jet Works Air Center which expires December 13, 2011. The ARFF trucic is
subleased by the City, operated by the Denton Fire Department, and is available to serve all
tenants and users of the Denton Airport. As the lease is about to expire, Jet Works needed to
detei7nine the future of the vehicle, and chose to donate the ARFF ti-uck to the City. Jet Works
provided a letter of commitment for the vehicle donation. A resolution forinally accepting the
trucic is required fiom Council upon the recormllendatiou from the Committee.
Johil I�Zight, Deputy Attorney joined the meeting at 11:18 a,m.
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The Conmlittee discussed the end of the short tei7n lease, the current condition of the tnicic and
work it may need, plans that the Fire Department has for maiining the vehicle, and the letter of
commitment with the waiver requested by Jet Works,
Council Member Watts expressed concein about accepting the letter of commitinent from Jet
Works that includes so many ui�l�ilowns.
Hix offered to contact Jet Worlcs and discuss the Coinmittee's concei7ls aUout the request.
Bryan Langley, Chief Financial Officer, suggested that Hix contact Jet Works and follow up with
the revised letter stating the tenns of the donation without the waiver of fees clause and include it
with the backup for item that would go to Council.
Council Member Watts agreed and offered to approve the item for Colulcil's consideration with
the stipulation that the questions aild concerns about the waiver clause be resolved, prior to the
Council meeting.
Mayor Pro Tein seconded the motion. Motion carried unanimously.
Item 4: Receive a report, hold a discussion and provide a recommendation regarding �
resolution authorizing the City M�n�►ger oi• his designee, as Denton's �uthorized
representative, to accept on beh�lf of the City of Denton au offer from the Texas
Department of Transportation (TxDOT) relating to � gr�nt for prepar�tion of a Mastei-
Plau for Airport Development at the Denton Mnuicipal Airport; confirmiug �greement to
pay a portion of the tot�l project cost; �nd, providing �n effective date.
Hix offered a correction of the date on the Agenda Information Sheet, Lulder Background that
states when TxDOT Aviation notified the Airport. The date of notification was November 1l,
2011 not November l. TxDOT is requesting a formal acceptance of the grant offer to Ue
cominunicated to them by December 23, 2011. This resoltrtion is presented to the Committee dtie
to the critical timing and the holiday meeting schedule of the City Council Meeting on DecemUer
6. The Aii-�ort Advisory Board will be informed of this grant offer at their DecemUer 14, 2011
meeting.
If the Council accepts the grant offer, an Aiiport Project Participation Agreemeilt will be
presented for specific local approval of detailed work in March 2012.
Council MeillUer Engelbrecht aslced if the Airport Advisory Board had been contacted about the
grant.
Hix confirmed that the Board had been notified by email.
Following a short discussion on consultant solicitation, selection process, and the schedule for
final selection, Council Member Watts inade a inotion to approve this item for Council's
collsideration.
Mayor Pro Teln seconded the illotioil. Motion cai-�ied Lu�ailiinoltsly.
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Item 5: Receive a report, hold a discussion and pi°ovide a recommendltion regardiug an
ordinance of the City of Denton, Texas, approving and authorizing the concession to Faii•
2000, Iuc., to sell alcoholic beverages at designated loc�tions during the 2012 Deuton Air
Fair, Inc., air show events, upon certain conditions; and, providing an effective d�te.
Hix explained that this is a new relationship for alcoholic beverage sales associated with the
North Texas Fair and Rodeo Association a�ld the benefits that this mutiial cooperation provides.
Mayor Pro Tenl moved to approve the item for Council's coilsideration. Council Member Watts
seconded. Motioli carried unauimously.
Item 6: Receive � report, hold � discussion �nd provide � recommendation reg�►rding �n
ordivance of the City of Denton, Texas, authorizing the City M�uager to approve a
collatei•al transfer of lease agreement between the City of Deuton ancl Nebrig Properties, LP
to PointBank; and providing an effective date.
Hix explaiiled that the Airport often receives requests fiom lending institutions to exectrte an
agreement to assign groLUld lease rights in order to secure a loan oll property improvements
owned by the tenant. Staff reviewed this collateral transfer of lease agreeinent to Ue certaiil that
the City's iights are not jeopardized as they exist under the current agreeinent with NeUrig. The
Legal Departnzent and SAMI Management have examined the agreeinent and approved this
transfer of rights under the Nebrig lease to provide loan security for PointBank. Staff is
requesting the Coimiiittee's approval of the agreement so that it may be forwarded to Council for
consideration
The Coimnittee discussed the tenns of the lease agreemeilt, expiration date, and liens held by
PointBai�lc .
Mayor Pro Tem I�an1p moved to approve the item for Cotulcil's consideration. Council Member
Watts seconded. Motion carried unaniinously.
After cousidei�ing the �bove items the Airport Committee of the Denton City Council will
convene in � Closed Meeting to consider specific items when these items �re listed below
uuder the Closed Meeting section of this �genda. When items for considei•ation are uot listed
under the Closed Meeting section of the agend�, the Airport Committee of the Deutou City
Council will not conduct a Closed Meeting and will couvene at the time listed �bove for its
regular or special called meeting. The Airport Committee of the Deutou City Couucil
reserves the right to �djouru into a Closed Meeting on auy item on its Open Meeting agend�
consistent with Ch�pter 551 of the TEXAS GOVERNMENT CODE, �s �►mended, as set
forth below.
K�
1. Closed Meeting:
A. Deliberltious regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
1. Discuss, deliUerate and receive information froin staff and provide staff with direction
pertaining to the potential purchase of a 6.2 acie tiact and a 142 acre tract, more or less,
located in the David Davis Survey, Abstract Number 356, Denton Cotmty, Texas, and
located generally along the west side of Tom Cole Road, directly across Tom Cole
Road fiom the Denton Municipal Airport, where the deliberation of same in an opeu
meeting would have a detrimental effect on the position of the govei7unental body in
negotiations with a third person, Consultation with the City's attorneys regarding legal
issues associated with the potential acquisition of the real property described above
where a public discussion of these legal matters would conflict with the duty of the
City's attoi7leys to the Airport Conunittee of the Denton City Council mlder the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would
jeopardize the City's legal position in any adillinistrative proceeding or potential
litigation.
2. Discuss, deliberate and receive information from staff and provide staff with direction
pertaining to the potential purchase of a 33 acre tract, more or less, located in the J.
McDonald Survey, Abstract Number 873, Denton County, Texas, and located geneially
just west and adjacent to the southwest end of the Denton Municipal Airport, where the
deliberation of same in an open nZeeting woLild have a detrimental effect on the position
of the goveriunental body in negotiations with a third person. Consttltation with the
City's attorneys regarding legal issues associated with the potential acquisition of the
real property described above where a public discussion of these legal matters wottld
conflict with the duty of the City's attorneys to the Aiipoi-t Coinmittee of the Denton
City Council under the Texas Disciplinaiy Rules of Professional Conduct of the State
Bar of Texas, or would jeopardize the City's legal positiolz in any administiative
proceeding or potential litigation.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD
IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO
THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAI�N IN THE
CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS O� §551.086 OF
THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE
AIRPORT COMMITTEE OF THE DENTON CITY COUNCIL RESERVES THE RIGHT
TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN
MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
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Cominittee reconvened in an Open Meeting at 12:00 Noon.
There was no final action, decision, or vote on a matter deliberated in the Closed Meeting.
1) Offici�l Action, if uecessary, on Closed Meeting item(s) under §§551.071-551.088 of
the Texas Government Code, as amended.
2) Under Sectiou 551.042 of the Texas Open Meetiugs Act, i�espond to inquiries from the
Airport Committee of the Dentou City Couucil or the public with specific factual
information or recitatiou of policy, oi- �ccept a propos�l to place the mattei- on the
�geuda for �n upcoming meeting.
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Under Section 551.0415 of the Texas Open Meetiugs Act, provide reports nbout items of
community interest regarding which no action will be talcen, to iuclude: expressions of
th�nlcs, congratul�tions, or condolence; information regarding holiday schedules; an
honor�ry or salut�ry recognition of a public official, public employee, or othei- citizen; �
i•eminder about �n upcoming event organized oi• sponsored by the governing body;
information regardiug � social, cei-emonial, or community eveut orgauized or sponsoi�ed
by an eutity other than the governing body that was �ttended or is scheduled to be
attended by � member of the governing body or an offici�l oi� employee of the
municipality; or an �nnouncement involving an imminent threat to the public he�lth �►nd
safety of people in the municipality that has �risen �fter the postiug of the agenda.
With no further busiiless to address, Committee adjoui7ied at 12:06 p.m.
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J GELB -T
COMMITTEE CHAIR
CITY OF DENTON
THERESA JA RSKI
RECORDING SECRETARY