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2012-01-03 Council Airport Committee Minutes City Council Airport Committee Tuesday, January 3, 2012 Meeting Minutes After determining that a quorum is present, the Airport Committee of the Denton City Council convened in a regular meeting on Tuesday, January 3, 2012, at 1:30 p.m. in the City Hall Conference Room, 215 E. McKinney Street, Denton, Texas to consider the specific agenda items listed below: PRESENT: Council Member Jim Engelbrecht, Mayor Pro Tem Pete Kamp, and Council Member Chris Watts. STAFF PRESENT: Jon Fortune, Assistant City Manager; Bryan Langley, Chief Financial Officer; John Knight, Deputy Attorney; Mark Nelson, Director of Transportation; Quentin Hix, Airport Manager; Paul Williamson, Real Estate and Capital Support Manager; Pamela England, Real Estate Specialist; and Theresa Jaworski, Recording Secretary. The meeting was called to order at 1:35 p.m. by Council Member Engelbrecht. 1)Consider approval of minutes from the meeting held on November 22, 2011. Council Member Chris Watts motioned to approve the minutes, followed by a second by Mayor Pro Tem Pete Kamp. Motion passed unanimously. 2)Receive reports by citizens and other interested persons. There were no reports by citizens or other interested persons. The Airport Committee of the Denton City Council convened in a Closed Meeting at 1:37 p.m. to consider specific the items listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the Airport Committee of the Denton City Councilwill not conduct a Closed Meeting and will convene at the time listed above for its regular or special called meeting. The Airport Committee of the Denton City Councilreserves 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, as set forth below. CLOSED MEETING A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1 1.Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of two tracts of land, located in the David Davis Survey, Abstract Number 356, Denton, County, Texas, and located generally along the west side of Tom Cole Road, directly across Tom Cole Road from the Denton Municipal Airport. 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 attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any potential litigation. 2.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of a tract of land, located in the J. McDonald Survey, Abstract Number 873, Denton, County, Texas, and located generally west of the south west end of the Denton Municipal Airport. 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 attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any potential litigation. 3. Deliberate, and receive information from staff and provide staff with direction pertaining to the lease of real property located at 910 Aeronca, a tract of land being approximately 23,915 square feet or 0.508 acres, in the T. Toby Survey, Abstract No. 1285 in the City and County of Denton, Texas where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Consultation with the City’s attorneys on a matter in which the duty of the attorneys to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act or would jeopardize the City’s legal position in any 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 TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE AIRPORT COMMITTEE OF THE DENTON CITY COUNCILRESERVES 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. 3)Official Action, if necessary, on Closed Meeting item(s) under §§551.071-551.088 of the Texas Government Code, as amended. 2 No official action was necessary on Closed Meeting items. The Council Airport Committee reconvened in an Open Meeting at 2:41 p.m. 4) Receive a report, hold a discussion and provide a recommendation regarding an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and First Financial Resources, Inc. for the property located at 910 Aeronca at the Denton Municipal Airport; and providing an effective date. Airport Manager Quentin Hix gave an update on the status of the First Financial Lease Agreement. The current extension expires January 13, 2012. The City’s Legal Department has approved the lease as to form and currently the lease is in the hands of First Financial for review and approval. The First Financial legal department has no questions or concerns and has forwarded the agreement for signatures. Following a short discussion about the terms and conditions of the lease, Mayor Pro Tem Kamp motioned that the Committee approve this item for Council’s consideration followed by a second from Council Member Watts. Motion carried unanimously. 5) Receive a report, hold a discussion and provide staff direction regarding the Standard Form Commercial Lease at Denton Airport and the vetting procedure for consideration of new lease agreements. Hix explained to the Committee the need for a standard lease form agreement for future Airport ground leases. Staff looked at the standard form and considered details and suggestions from the consultant from SAMI, Inc. The pressing issue was Item 8 C3 of the lease form allowing the City to renegotiate a lease at any time during the term of a given lease and to extend the reversion clause to the end of a new lease. The Committee discussed the most efficient process involved in considering future Airport leases. Options would be to go before the Council Airport Committee first for recommendation to forward to full Council or take directly to full Council to consider and approve future ground leases that follow the same terms and conditions in a standard form. Committee unanimously agreed that a Standard Form Commercial Lease Agreement at the Denton Airport could go directly to full Council for consideration. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Airport Committee of the Denton City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. AND 3 Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. With no further business to address, Committee adjourned at 2:55 p.m. __________________________________________ JIM ENGLEBRECHT COMMITTEE CHAIR CITY OF DENTON ___________________________________________ THERESA JAWORSKI RECORDING SECRETARY 4