AGENDA
CITY OF DENTON CITY COUNCIL
April 3, 2012

After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 3, 2012 at 03:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:

WORK SESSION

1.	Citizen Comments on Consent Agenda Items

This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item.

2.	Requests for clarification of agenda items listed on the agenda for April 3, 2012.

3.	Receive a report, hold a discussion and give staff direction regarding the 2012 Tax Abatement Policy for the City of Denton to establish guidelines and criteria governing tax abatement agreements.

4.	Receive a report, hold a discussion, and give staff direction regarding an ordinance to repeal the current Chapter 13 Food and Food Service Establishments of the Denton Code of Ordinances with a new Chapter 13 Food and Food Service Establishments ordinance.

5.	Receive a report, hold a discussion and give staff direction regarding the placement of accessory structures in side and front yard setbacks.

Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves 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, or as otherwise allowed by law.

1.	Closed Meeting:

A. Consultation with Attorneys - Under Texas Government Code Section 551.071.

1. Consult with City’s attorneys regarding litigation strategy and the status of litigation styled Jones v. City of Denton, Cause No. 2011-50255-367, currently pending in the 367th District Court of Denton County.

2. Consultation, discussion and deliberation with City’s attorneys regarding legal issues relating to Item #5 of the April 3, 2012 Work Session Agenda under both existing and proposed or potential Denton Development Code regulations where such discussion presents a conflict between the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas and the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.

3. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of certain real property interests located in the Francis Batson Survey, Abstract No. 43, also known as Lot 1, Rayzor Ranch North, an addition to the City of Denton, Texas, according to the plat recorded in Cabinet Y, Page 740, Plat Records, Denton County, Texas, 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 administrative proceeding or potential litigation.

B. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.

1. Receive a briefing from staff, discuss, deliberate and provide staff with direction regarding the established route for the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project in the City of Denton, Texas specifically running from the King’s Row Substation to the Denton North Interchange pertaining to the value, location, acquisition or condemnation of tracts of real property situated in the D. Culp Survey, Abstract No. 287; the J. Coltart Survey, Abstract No. 288; the H. Williams Survey, Abstract No. 1417; the S. McCracken Survey, Abstract No. 817; the V. Gailor Survey, Abstract No. 452; and the T. Toby Survey, Abstract No. 1288; receive a consultation from the City’s attorneys regarding the same, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Rules of Professional Conduct of the State Bar of Texas.

2. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P.R.R. Co. Survey, Abstract No. 927, Denton County, Texas, and located generally in the 300 Block of North Mayhill Road, the 1000 Block South Mayhill Road, and the 1300 Block South Mayhill Road, all within the City of Denton, Texas. 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 administrative 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 TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE 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.

Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:

1.	PLEDGE OF ALLEGIANCE

A. U.S. Flag

B. Texas Flag

2.	PROCLAMATIONS/PRESENTATIONS

A. Proclamations/Awards

1. National Community Development Week

2. Friends of the Denton Public Libraries Day

3. Child Abuse Prevention Month and the Year of CASA

CONSENT AGENDA

Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes.

Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - H). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - H below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda.

A. Consider a request for an exception to the Noise Ordinance for the purpose of performing music during the 2012 Relay for Life to be held at the University of North Texas Fouts Field beginning at 3:00 p.m. on Saturday April 21, 2012, until 6:00 a.m. on Sunday, April 22, 2012. The request is for a variance in decibels, from 70 to 75 decibels, for an outdoor concert and for amplified sound on Sunday until 6:00 a.m. Staff recommends approving the request.

B. Consider approval of a resolution establishing Naming Policy Guidelines for City Buildings, Facilities, Land, or any portion thereof; repealing Resolution No. R2007-035; and declaring an effective date.

C. Consider approval of the minutes of: February 14, 2012 February 21, 2012 February 22, 2012 March 5, 2012 March 6, 2012

D. Consider adoption of an ordinance of the Council of the City of Denton, Texas accepting a proposal and awarding a contract for a Utility Assistance Program for low-income households to Interfaith Ministries in an amount not to exceed $85,000 annually; providing for the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (7-0).

E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission Fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4933-Adjusted Fiscal Year 1999 Electrical Energy Transmission Fees in the total amount of $645,941). The Public Utilities Board recommends approval (7-0).

F. Consider adoption of an ordinance rejecting any and all competitive bids for a contract for Street Milling Services for the City of Denton; and providing an effective date. (Bid 4909-Two Year Contract for Street Milling Services).

G. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Independent School District for the 2012 Summer Food Service Program; authorizing the expenditure of funds to administer the program; and providing an effective date.

H. Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ("City") to execute for and on behalf of the City an Easement Abandonment Agreement ("Agreement"), by and between Creekwood Centre Denton, LLC and the City, contemplating the (I) partial abandonment of that certain easement and right of way, dated on or about July 30, 1927, from Mrs. S. A. Bayless, et al to the Texas Power & Light Company, recorded in Volume 216, Page 231, Real Property Records, Denton County, Texas, being further referenced in an assignment of easements, dated on or about May 21, 1975, from Texas Power & Light Company to the City of Denton, recorded in Volume 756, Page 669, Real Property Records, Denton County, Texas, as more particularly described in the ordinance; and (II) partial abandonment of that certain utility easement, dated on or about May 6, 1955, from J. A. McLeod, and wife Florence McLeod to the City of Denton, Texas recorded in Volume 419, Page 25, Real Property Records, Denton County, Texas, as more particularly described in the ordinance, and affecting lands located in the A. Hill Survey, Abstract No. 623, Denton County, Texas and particularly described as Lot 1, Block A of Denton Station, Phase One, an addition to the City of Denton, Denton County, Texas according to the plat recorded in Cabinet Y, Page 740, Plat Records, Denton County, Texas, and Lot 2, Block A of Denton Station, Phase One, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet W, Page 463, Plat Records, Denton County Texas and located approximately within the 1400 block of Centre Place Drive, Denton, Texas upon the terms and conditions provided in the Agreement; authorizing the City Manager to execute an Abandonment and Release of Easements ("The Release"), upon the terms and conditions provided by the Agreement; and declaring an effective date.

4.	ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider appointment of board members for Tax Increment Financing Zone Number One (Downtown TIF).

B. Consider approval of a resolution creating a special Citizens Bond Advisory Committee for the proposed 2012 street bond election; establishing a charge for the Committee; and declaring an effective date.

C. Consider appointments to the Citizen Advisory Committee for the proposed 2012 Bond Election.

D. Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $49,325,000 in principal amount of "City of Denton Certificates of Obligation, Series 2012" (including up to $4,900,000 for General Government activities, up to $6,070,000 for Solid Waste Fund activities, and up to $38,355,000 for Electric, Water, and Wastewater Fund activities); authorizing the issuance of the Certificates; delegating the authority to certain City officials to execute certain documents relating to the sale of the Certificates; approving and authorizing instruments and procedures relating to said Certificates; and enacting other provisions relating to the subject.

E. Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $42,000,000 in principal amount of "City of Denton General Obligation Refunding and Improvement Bonds, Series 2012"; authorizing the issuance of the Bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; and enacting other provisions relating to the subject.

5.	CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1) Bob Clifton regarding City Elections (2nd Edition).

6.	CONCLUDING ITEMS

A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the 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 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.

B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.

C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.

C E R T I F I C A T E

I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2012 at ________o'clock (a.m.) (p.m.)

______________________________
CITY SECRETARY

NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.