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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. 1 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. � 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. 4 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. �►1 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. . J GELB -T COMMITTEE CHAIR CITY OF DENTON THERESA JA RSKI RECORDING SECRETARY