Denton City Council heard a staff proposal Sept. 30 to create a new Capital Improvements Advisory Committee after recent changes to state law eliminated the option to use the Planning and Zoning Commission as the CIAC.

The council was told the changes in Senate Bill 1883 and Chapter 395 of the Texas Local Government Code require a separate CIAC and raise membership and audit requirements. Angie Mangleris, the city’s development review manager, said staff recommends a seven-member body plus one extraterritorial-jurisdiction (ETJ) representative, four-year terms with a three-term maximum, and a requirement that at least 50% of members represent the real estate, development or building industries and not be city employees or officials. “SB 1883 was recently passed with this legislative session and amended several sections of the Texas Local Government Code as it relates to the CIAC,” Mangleris said.

The nut of the discussion was how to implement those statutory requirements. The CIAC’s statutory role is to advise on land-use assumptions, capital improvement plans and proposed impact fees and to receive semiannual reports and an independent financial audit before the city adopts or raises impact fees. Staff said the CIAC typically meets twice a year but would meet more frequently when fees or plans are under review.

Council members generally supported creating a standalone CIAC that meets the 50% industry-membership requirement and supported requiring applicants to submit resumes to document qualifications. Several council members pushed staff to return with specific definitions and a draft ordinance for appointment procedure, residency and age requirements, and the process for filling the ETJ seat.

Councilmember Jester said the committee “has to be addressed” and praised the parameters staff proposed. Multiple council members asked whether retired industry professionals or faculty with relevant expertise would meet the statutory industry-representation requirement; Mangleris and Chief of Staff Christy Fogel said the statute’s language is open-ended and that staff will seek legal guidance and refine definitions in the ordinance.

Citizenship and residency requirements were singled out for clarification. Staff confirmed all seven standing members must be residents of the City of Denton, with the ETJ representative an exception. Several council members expressed a preference for a two-year Denton residency requirement for applicants; others asked to preserve the existing, shorter residency rule used by other boards. There was also a brief debate over raising the minimum applicant age from 18 to 21; council members were split.

On selection of the ETJ representative, the council discussed three options: a council appointment, staff recommendation, or carrying over the current ETJ member. Several council members said they prefer council appointments for that seat; others were open to staff proposing a nominee for Council approval. Staff noted the draft ordinance in the meeting materials currently prescribes seven city residents plus one ETJ representative for a total of eight CIAC members.

No ordinance was adopted at the meeting. Instead council directed staff to return with a condensed draft ordinance and clarified questions (including definitions of eligible industry representatives, residency and age thresholds, and the ETJ appointment process) for further action. Mangleris told the council staff will use resumes to help monitor compliance with the statutory 50% industry representation requirement.

Council members emphasized that because the new CIAC will advise on impact fees for water, wastewater and roadways, staff should ensure the committee makeup, meeting schedule and required semiannual reporting align with state law.

The council’s next step will be a future agenda item presenting a revised ordinance and appointment procedure for formal action.