AGENDA
CITY OF DENTON CITY COUNCIL
June 4, 2012


After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Monday, June 4, 2012 at 2:00 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:

After determining in Open Session that a quorum is present, the City Council of the City of Denton, Texas will convene in a Closed Session on Monday, June 4, 2012 at 11:30 a.m. in the Council Work Session Room, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:

1. Closed Session

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

1. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of certain real property interests, and duties related to same, 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

2. Consult with City’s attorneys regarding legal strategies and options for enforcement of unmet development obligations associated with the Villages of Carmel subdivision (part of PD-132), generally located on either side of Pockrus Page Road, and west of Post Oak Road, including those obligations and requirements generally contained within City codes and criteria manuals, as well as zoning ordinances, development agreements and permits specifically applicable to the development or its component parts.

3. Consult with City’s attorneys regarding legal strategies, status, and potential settlement of pending litigation styled Love’s Travel Stops & Country Stores v. City of Denton, Cause No. 2010-50304-367, currently pending in the 367th District Court of Denton County

Following the completion of the Closed Session, the Council will convene in a Special Called Session to consider the following:

NOTE:  A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action.  At a Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session.  Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input.  Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor.  Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen’s opinion on the matter being explored.  Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought.  The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings.

1. Consider adoption of an ordinance abandoning and vacating (i) a Storm Water Drainage Easement, from J. Newton Rayzor to the City of Denton, Texas, recorded in Volume 598, Page 560, Real Property Records, Denton County, Texas; (ii) a Storm Water Drainage Easement, from Suderman and Young Towing Company, Inc. to the City of Denton, Texas, recorded in Volume 598, Page 562, Real Property Records, Denton County, Texas; (iii) a Flowage Easement, from Suderman and Young Towing Company, Inc. to the City of Denton, Texas, recorded in Volume 697, Page 219, Real Property Records, Denton County, Texas; (iv) a Dam Construction and Flowage Easement, from Suderman and Young Towing Company, Inc. to the City of Denton, Texas, recorded in Volume 697, Page 222, Real Property Records, Denton County, Texas; and (v) a Drainage Channel Easement, awarded to Denton County, Texas, by and through that certain condemnation, Cause Number 3664, styled Denton County v. J.A. Gladish, et al., County Court of Denton County, Texas, and referenced in that certain Deed from Rayzor Investments, Ltd. to Rayzor Hillview, L.P., recorded in County Clerk File No. 2005-127449, Real Property Records, Denton County, Texas, all said easements being located in the Francis Batson Survey, Abstract No. 43, Denton County, Texas and being located within that certain 55.292 acre tract of land, being described in that certain Special Warranty Assumption Deed, dated on or about December 18, 2008 and recorded as County Clerk File No. 2008-134210, Real Property Records, Denton County, Texas, located generally at or near the northwest corner of the intersection of Bonnie Brae Street and U.S. Highway 380; and declaring an effective date.

2. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Stormwater Management Facilities Maintenance Agreement and Perpetual Easement Grant, by and between the City of Denton, Texas and RR Marketplace LP, a Delaware limited partnership, related to drainage facilities located in Lot 1, Rayzor Ranch Addition, an addition to the City of Denton, according to the plat thereof recorded in Cabinet Y, Page 740, Plat Records, Denton County, Texas, located generally at or near the northwest corner of the intersection of Bonnie Brae Street and U.S. Highway 380; and providing an effective date.



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.