Loading...
December 11, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES December 11, 2007 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Closed Meeting on Tuesday, December 11, 2007 at 4:30 p.m.in the City Hall Conference Room at City Hall, 215 E. McKinney Street, Denton, Texas to consider the specific items listed below under the Closed Meeting section of this agenda. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: None 1.Closed Meeting: A.Consultation with the City’s Attorneys – Under Texas Government Code, Section 551.071 1.Consultation with the City’s attorneys to discuss legal issues associated with City’s biodiesel production, and litigation involving same. B.Consultation with the City’s Attorneys –Under Texas Government Code Section 551.071; and Deliberations regarding Real Property – Under Texas Government Code Section 551.072. 1. Discussed, deliberated, and received information from Staff, and provided Staff with direction pertaining to the purchase price of, the possible terms of sale of, and valuation issues respecting the acquisition of an approximate 0.278 permanent water easement and an approximate 0.197 acre temporary construction easement, both located in the Asa Hickman Survey, Abstract No. 521 in the City of Denton, Denton County, Texas, and being located along the north side of Roselawn Drive. Consultation with the City’s attorneys regarding legal issues associated with the necessary easement acquisition for the above easements, 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 Disciplinary Conduct of the State Bar of Texas; or would jeopardize the City’s legal position in any administrative proceedings or potential litigation involving said real property. (Roselawn Drive Water Line Project) At 6:00 p.m., the City Council attended a reception for Joe Roy in the City Council Work Session Room. Regular Meeting of the City of Denton City Council on Tuesday, December 11, 2007 at 6:30 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of Denton City Council Minutes December 11, 2007 Page 2 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards Mayor McNeill presented a proclamation for Joe Roy Day. 3. CONSENT AGENDA Mayor McNeill reviewed the items to be considered on the Consent Agenda. Council Member Watts requested that item 3I be pulled for separate consideration. Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of 3I. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Item I was considered. Mainord Todd spoke in opposition on Item 3I. Lee Anne Todd spoke in opposition on Item 3I. Watts motioned, Kamp seconded to approve Item 3I. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A.R2007-042 - A resolution of the City of Denton, Texas authorizing the City Manager, or his designee, as Denton’s authorized representative, to accept on behalf of the City of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a grant for certain improvements to the Denton Municipal Airport; confirming agreement to pay a portion of the total project costs; and providing an effective date. The Airport Advisory Board recommended approval (7-0). The Mobility Committee recommended approval (3-0). B.2007-283 - An ordinance amending Article V, Library, of Chapter 2 of the City Code establishing operating policies and procedures; establishing fees for full access library cards for nonresidents and students and for limited access punch cards; providing a severability clause; providing for a penalty for each violation not to exceed $500; providing for a savings clause; and providing for an effective date. The Library Board recommended approval (6-0). C.2007-284 - An ordinance accepting requests for proposals and awarding a contract for the purchase of Long and Short Term Disability Benefits for the City of Denton Employee Benefits Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 3921–Long and Short Term Disability Benefits awarded to UNUM Life Insurance Company of America with a cost of $0.31 per $100 of payroll per month, for an estimated annual cost of $172,954). City of Denton City Council Minutes December 11, 2007 Page 3 D.2007-285 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the landfill gas extraction wells, gas collection system, and installation of gas flares at the City of Denton Landfill; providing for the expenditure of funds therefore; and providing an effective date (Bid 3692– City of Denton Landfill Gas Collection System awarded to Shaw Environmental and Infrastructure, Inc. in the amount of $1,265,514). The Public Utilities Board recommended approval (5-0). E.2007-286 - An ordinance accepting competitive bids and awarding a public works contract for the construction of Morse Street Channel Improvements; providing for the expenditure of funds therefore; and providing an effective date (Bid 3847– Morse Street Channel Improvements awarded to Laughley Bridge and Construction, Inc. in the amount of $1,049,766). (The Public Utilities Board will consider this item at the December 10 meeting.) F.2007-287 - An ordinance accepting competitive bids and awarding a public works contract for the replacement of chilled water piping for the City of Denton Municipal Building, Civic Center, and Emily Fowler Library; providing for the expenditure of funds therefore; and providing an effective date (Bid 3923–Chilled Water Piping Replacement awarded to Brandt Engineering in the base bid amount of $448,041 plus an estimated Emergency Recovery Plan allowance of $25,000 for a total not to exceed $473,041). G.2007-288 - An ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement with the firm of PGAL to provide architectural design services for the City of Denton Public Safety Training Facility; authorizing the expenditure of funds therefore, and providing an effective date (RFSP 3859 in an amount not to exceed $1,496,935). H.2007-289 - An ordinance amending the Tax Abatement Agreement with Fastenal Company to extend the construction deadline; and providing an effective date. I.2007-290 - An ordinance declaring that a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.278 acre permanent water easement and an approximate 0.197 acre temporary construction easement, both located in the Asa Hickman Survey, Abstract No. 521 and both being within a parcel of land conveyed to Lee Anne Todd by deed recorded as Document Number 94-R0001091 in the real property records of Denton County, Texas; authorizing the City Attorney, or his designee, to acquire the easements through agreement or eminent domain; and providing an effective date. (Roselawn Drive Water line Project) J.R2007-043 - A resolution re-establishing a standing committee of the City Council of the City of Denton for council appointee performance reviews; appointing the members of the committee; and providing an effective date. K.2007-291 - An ordinance extending the term of the employment agreement between the City of Denton and Edwin M. Snyder as the City Attorney of the City of Denton; and providing an effective date. City of Denton City Council Minutes December 11, 2007 Page 4 Mayor McNeill requested that Items 5A, 5B, 5C, and 5D be considered. Consensus of the Council was to consider those items next on the agenda. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered adoption of an ordinance on second and final reading, under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 1018 acres. The property to be annexed was generally located west of the Elm Fork tributary of the Trinity River, east of Collins Road, and north of US 380.(A07-0005, Clear Creek Natural Heritage Area Annexation) The Planning and Zoning Commission recommended approval (5-0). Brian Lockley, Interim Director of Planning and Development, stated that this was the second and final reading of this annexation plan. This annexation was exempted from the municipal annexation plan. The future land use map designated a majority of this property in 100 year flood plan. A nature center was planned for future use. The Service Plan and Service Plan Analysis were included in the backup materials. The following ordinance was considered: NO. 2007-292 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TRACTS OF LAND CONSISTING OF APPROXIMATELY 1,018 ACRES, CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, GENERALLY LOCATED ON THE WEST SIDE OF THE ELM FORK TRIBUTARY OF THE TRINITY RIVER, EAST OF COLLINS ROAD, AND NORTH OF US 380, AND LEGALLY DESCRIBED AS SET FORTH IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A07-0005) Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B.The Council considered adoption of an ordinance on second and final reading under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 0.123 acres of land. The property to be annexed was generally located northeast of F.M. 2181/ Teasley Lane, west of Old Alton Road. The property was legally described as a tract of land situated in the J Baker Survey, Abstract No. A0047A, Denton County.(A07-0004, Wild Mustang Crossing Annexation) The Planning and Zoning Commission recommended approval (5-0). Brian Lockley, Interim Director of Planning and Development, stated that this was the second reading of this annexation that was exempted from a municipal annexation plan. The owner of the property requested the annexation to allow him to develop the site sometime in the future. All state mandates for the annexation had been met to date. There were no written responses in City of Denton City Council Minutes December 11, 2007 Page 5 favor or opposition to the request. The Service Plan and Service Plan Analysis had been included in the backup materials. The following ordinance was considered: NO. 2007-293 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 0.123 ACRES OF LAND, CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE SOUTHERN AREA OF THE CITY’S EXTRATERRITORIAL JURISDICTION (ETD); GENERALLY NORTHEAST OF F.M. 2181/TEASLEY LANE, WEST OF OLD ALTON ROAD; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (A07-0004) Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C.The Council considered an appeal of the Planning and Zoning Commission denial of a hardship variance request. A hardship variance was requested to Subchapter 35.20.2.L. of the Denton Development Code regarding the requirement for perimeter road improvements. The approximately 2.6-acre property was located at the southwest corner of West Collins Street and Locust Street. The subject site was located within a Downtown Commercial General (DC-G) zoning district. The Planning and Zoning Commission denied the variance (3-2) on October 24, 2007.(V07-0016, T. Garcia Office Building - Road Improvements) Brian Lockley, Interim Director of Planning and Development, state that this was an appeal of a Planning and Zoning Commission denial of a hardship variance request. In October 2007, Isbell Engineering on behalf of Ms. Garcia presented a hardship variance regarding the requirement for perimeter road improvements. Current standards required the improvement of the roadways along the property frontage to class standards for a commercial collector. An office building was proposed on the site. The applicant’s new representative contacted the Planning Department in November to file an appeal to the Commission’s denial. Staff had suggested platting the property into two lots, and final platting only the lot which the office building was to occupy; doing so would relieve the applicant from constructing the roads along the entire property, and permit them to only be responsible for the road along the platted lot. The applicant did not wish to plat the property into two separate lots to avoid restricting future expansion of the proposed office building. Staff was concerned about the uncertainty of any future development because if the variance was granted for the frontage of the lot, then the variance would extend to the entire site and the City would have to pay for any additional improvements that would take place in the future. The Denton Development Code provided that a hardship variance may be granted if it met five requirements that staff reviewed to determine whether or not to support the variance. Those requirements and staff analysis were listed in the council’s agenda backup materials. Staff had met with the applicant and discussed how to assist with the variance and still have protection for the city for future development. City of Denton City Council Minutes December 11, 2007 Page 6 Council discussed the difference between a hardship variance and an exaction variance and which of the two variances applied to this case. Ed Snyder, City Attorney, stated that a hardship variance involved such aspects as health, safety and welfare, whether the property had a unique condition to be considered. An exaction variance would include restrictive covenants with the property to ensure conditions would remain. Larry Reichhart, Spring Brook Planning, spoke on the case. He felt that the proposal should be an exaction variance as opposed to a hardship variance. He suggested that the applicant would be agreeable to conditions being tied to the variance including future improvements would trigger the required improvements to Collins Street to commercial collector status. They did not have a problem with placing restrictive covenants on the property. He did suggest a change from the requirement that an additional 500 square footage of development would trigger the required street improvements and suggested an expansion of 1200-1250 square feet to trigger the street improvements. Deputy Mayor Pro Tem Mulroy asked if the case could be continued until a valuation of the improvements was completed. City Attorney Snyder stated that the proposal would have to go back to the Planning and Zoning Commission if it were changed from a hardship variance to an exaction variance. Thomson motioned, Heggins seconded to remand the case back to the Planning and Zoning Commission for consideration of an exaction variance. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. D.The Council considered adoption of an ordinance of the City of Denton, Texas prohibiting parking on the north side of Scripture Street from its intersection with Bryan Street to its intersection with Ponder Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommended approval (8-0). Frank Payne, City Engineer, stated the City had received a request from City Parc Apartments for no parking on the north side of Scripture Street from Bryan Street to Ponder Street. Vehicles were parking very close to the driveway, restricting the slight distance for vehicles exiting the apartment complex both to the east and the west. The Traffic Safety Commission had heard the case and was in agreement to the change. The following ordinance was considered: NO. 2007-294 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON THE NORTH SIDE OF SCRIPTURE STREET FROM ITS INTERSECTION WITH BRYAN STREET TO ITS INTERSECTION WITH PONDER STREET; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A City of Denton City Council Minutes December 11, 2007 Page 7 PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Council returned to the regular agenda order. 4.PUBLIC HEARINGS A.The Council was to continue a public hearing and consider adoption of an ordinance regarding the rezoning of an approximately 11.21-acre tract of land from a Neighborhood Residential–2 (NR-2) zoning district to a Neighborhood Residential-4 (NR-4) zoning district. The tract of land was located on the east side of Country Club Road, approximately 475 feet south of Regency Court. (Z07-0015, Nelson/Orr Property) The Planning and Zoning Commission recommended approval (3-1). A supermajority vote by Council was required for approval due to property owner opposition. This request was withdrawn by the applicant. B.The Council held a public hearing and considered adoption of an ordinance for a Specific Use Permit to allow a drive through facility in conjunction with a pharmacy. The approximately 3.805 acre site was located within a Downtown Commercial General (DC-G) zoning district. The property was located between Oak Street and Hickory Street and between Fry Street and Welch Street. (S07-0002, Fry Street Village) The Planning and Zoning Commission recommended approval (5-1). Brian Lockley, Interim Director of Planning and Development, stated that this was a request for a specific use permit associated with a drive-through facility in conjunction with a pharmacy. The proposed drive-through facility would be located adjacent to the rear of the building and minimized impediments to pedestrian access. The Engineering Staff had reviewed the drive- through calculations provided by the applicant and had determined the projected drive-through trips to be reasonable. The applicant was providing the required 120 feet of stacking for the drive-through facility. The Transportation Criteria Manual of the Denton Development Code stated that drive-through facilities that averaged between 1-10 vehicle trips required 120 feet of stacking distance. The Code also noted the number of vehicle trips was supplied by the applicant. Information submitted by the consultant engineers was that the average number of trips was 8 with stacking of 120 feet needed. There were several different ways to access the drive-through on the proposed site plan and he reviewed the trip requirements for the drive- through. The Denton Development Code also outlined five criteria for approval of a specific use permit. First, the use must be compatible with and not injurious to the use and enjoyment of other property nor diminish or impair property values within the immediate vicinity. Second, the establishment of the specific use would not impede the normal and orderly development and improvement of surrounding vacant property. Third, adequate utilities, access roads, drainage and other necessary supporting facilities had been or will be provided. Fourth, the design, location and arrangement of all driveways and parking spaces provided for the safe and convenient movement of vehicular and pedestrian traffic, without adversely affecting the general public or adjacent developments. Fifth, adequate nuisance prevention measures had been or City of Denton City Council Minutes December 11, 2007 Page 8 would be taken to prevent or control offensive odor, fumes, dust, noise and vibrations. Staff determined that all of these conditions had been met and the Planning and Zoning Commission recommended approval 5-1. The Fry Street Small Area Plan took into account specific requirements of this neighborhood. Those included litter; beautification and solid waste collection; parking/traffic; social concern and safety; property maintenance; and community character. Concerns of the neighborhood centered on the drive- through facility and not the use of the property. Council asked questions and discussed the approval of the site plan by the Planning and Zoning Commission, the traffic study, the trip analysis for the property, who supplied the trip information and when the information was supplied, stacking requirements based on the trip analysis, the number of parking spaces for the development and traffic flow through the development. The Mayor opened the public hearing: The following individuals spoke during the public hearing: Charles Stafford, 1903 Williamsburg, Denton, 76209 – support John Morris, 918 West Oak, Denton, 76201 - opposed Tim Sandifer, United Equities - support Tom Simerly, Deshazo, Tany and Associate – favor (traffic engineer) Council questioned that people would be walking though cars in the drive-through to enter the back door of the pharmacy and the need to mark the crossways. Council also questioned the petitioner if he was aware of Denton’s zoning and ordinances regarding a drive-through. Mr. Sandifer replied yes that it was a typical requirement for a specific use permit in most cities. Speakers at the public hearing continued - Mike Cochran, 610 West Oak, Denton, 76201 - opposed Mary Anderson, 924 West Oak, Denton, 76201 - opposed Donna Morris, 918 West Oak, Denton, 76201 - opposed Chuck Voellinger, 1428 Oxford Lane, Denton, 76209 - opposed Glen Haas, 1901 Colorado Blvd., Denton, 76205 - opposed Salty Richel, 1003 West Oak, Denton, 76201 - opposed Katie Trice, 213 Maple Street, Denton, 76201 - opposed Matthew Barnhart, 904 Panhandle, Denton, 76201 – opposed David Wright, 1819 West Oak, Denton, 76201 - opposed Peggy Capps, 915 West Oak Street, Denton, 76201 - opposed Sandra Hammond, 2002 West Hickory, Denton, 76201 - opposed Dan Hammond 2002 West Hickory, Denton, 76201 - opposed Darlene Mullenweg, 711 West Oak, Denton, 762011 - opposed Robert Milnes, University of North Texas - support Deborah Leliaert, University of North Texas - support Jean Schaake, University of North Texas - support John Warren, 516 Coronado, Denton - support Tom Harpool, 2222 Houston Place, Denton, 76201 - support Debbie Johnson Stafford, 1903 Williamsburg, Denton, 76209 - support Gene Hartman, 116 Fry Street, Denton, 76201 - support City of Denton City Council Minutes December 11, 2007 Page 9 Richard Hayes, 819 West Oak, Denton, 76201 - support Paul Mayer, Garland Chamber of Commerce - support Nita Thurmon, 136 Garza Road, Shady Shores, 76208 - support Tim Peters, 1015 Egan Street, Denton, 76201 - support Julius Bershell, 3225 Evers Parkway, Denton, 76207 - support Caroline Polliard 1800 West Oak Street, Denton, 76201 - opposed Erin O’Toole, 1428 Oxford Lane, Denton, 76209 - opposed Lilliana Wright, 1819 West Oak, Denton, 76201 - opposed Quentin Schmieding, 921 Ector, Denton, 76201 – opposed Buster Freedman, United Equities - favor Tim Sandifer was allowed a five minute rebuttal - support The Mayor closed the public hearing The following Comment Cards were submitted but not presented at the meeting: Julie Lantrip, Denton – opposed Ed and Carol Soph, 1620 Victoria Drive, Denton, 76209 – opposed Tiffany Miller, 1721 Teasley Lane #354, Denton, 76205 – opposed David Young, 1809 Crow, Denton, 76201 – opposed Amarie Carnett, 708 Roberts, Denton, 76209 – opposed Howard Draper, 1222 Coit, Denton, 76201 – opposed Bob Moses, 115 West Hickory, Denton, 76206 – opposed Ellen Chenoweth, 201 Solar Way, Denton, 76207 – opposed Sara Elsbery, 921 Ector, Denton, 76201 – opposed Christina Shoto, 708 Thomas, Denton, 76201 – opposed Matt Pence, 2017 N. Bell, Denton, 76209 – opposed Rick and Teel Sale, 1015 West Oak, Denton, 76201 – opposed Melanie and Robert Gomez, 1402 Scripture, Denton, 76201 – opposed Margaret Johnston, 609 West Oak, Denton, 76201 – opposed John Bennett, 812 West Oak, Denton, 76201 – opposed Chris Oller, 223 West Sycamore, Denton, 76201 – opposed Wallace Campbell, 23091 Bolivar, Denton, 76201 – opposed Joyce Palmer, 1905 West Oak, Denton, 76201 – opposed Sara Carey, 619 West Oak, Denton, 76201 – opposed Bernardo Cantu, 71 W. Hickory, Unit 2B, Denton, 76201 –opposed Darlene Stewart, 2003 West Oak, Denton, 76201 – opposed JoAnn Rishel, 1003 West Oak, Denton, 76201 – opposed Martin Iles, 108 West Oak, C, Denton, 767201 – opposed Nancy Viens, 308 Normal Street #19, Denton, 76201 – opposed Dolores Vann – opposed Ben Huttash, 802 Oak, Apt. 1, Denton, 76201 – opposed Sarah Young, 716 Egan, Denton, 76201 – opposed Patrice Lyke, 1109 Egan, Denton, 76201 – opposed Mark Coomes, 391 Ruth Street, Denton, 76205 – opposed Peter Salisburg, 211 Hann, Denton, 76201 – opposed Charissa Barmlett, 409 Panhandle, Denton, 76201 – opposed Devin Taylor, 921 N. Carroll, Denton, 76201 – opposed Justin Collins, 1401 Anna Street, Denton, 76201 – opposed City of Denton City Council Minutes December 11, 2007 Page 10 Justin Steward, 409 Panhandle, Denton, 76201 – opposed Darby Binder, 1900 West Hickory, Denton, 76201 – opposed Timothy Stoltzfus, 118 Fry Street, Denton, 76201 – opposed Douglas Crain Northcutt, 5201 Par Drive, #1916, Denton, 76208 – support Earnestine Lewis, 500 Chisholm Trail, Denton, 76209 – support Montgomery motioned, Heggins seconded to adopt the ordinance. Council presented their opinions regarding the merits of the proposal. On roll vote to approve, Heggins “aye”, Kamp “nay”, Montgomery “aye”, Mulroy “nay”, Thomson “nay”, Watts “nay”, and Mayor McNeill “aye”. Motion failed with a 3-4 vote. 5. ITEMS FOR INDIVIDUAL CONSIDERATION – continued E.The Council considered nominations/appointments to the City’s Boards and Commissions. Deputy Mayor Pro Tem Mulroy did not have a nomination for the Planning and Zoning Commission. Council Member Heggins had previously nominated Larry Walton to the Zoning Board of Adjustment. On roll vote, Heggins “aye”, Kamp “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. F.Citizen Reports 1.Council reviewed procedures for addressing the City Council. 2.Council received citizen reports from the following: A.Jennifer Cole regarding follow-up on drilling in the ETJ and Reichmann Petroleum. Ms. Cole stated that this was a follow-up from her previous citizen report. Reichmann Petroleum had filed bankruptcy and the City’s lawsuit was not settled. Last week residents received letters that geophysical testing would soon be done on the site. It appeared that the lease had been flipped to a new company. Flooding around the area was a continuing problem. She requested Council deny drilling at the site and file an injunction on the site while the lawsuit was ongoing unless the action was it was to return the area to its original condition. B.Jana DeGrand regarding follow-up on drilling in the ETJ and Reichmann Petroleum. Ms. DeGrand stated that she was updating the drilling in the ETJ and Reichmann Petroleum. The elevation of the pad site was causing flooding on their property. She asked for injunctive relief until the safety issue was resolved. City of Denton City Council Minutes December 11, 2007 Page 11 G.New Business and Announcements Mayor McNeill requested a follow-up on the two citizen reports presented at the meeting. H.City Manager’s Report City Manager Campbell did not have a report. I.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. J.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 10:45 p.m. ___________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS