Minutes July 13, 1999CITY OF DENTON CITY COUNCIL MINUTES
July 13, 1999
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a closed meeting on Tuesday, July 13, 1999 at 5:15 p.m. in the Council
Work Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
and Young.
ABSENT: Council Member Durrance and Kristoferson
1. The Council considered the following in Closed Meeting:
A. Consultation with Attorney— Under TEX. GOV’T. CODE Sec. 551.071.
1. Discussed and consulted with the City’s attorney, including outside legal
counsel, litigation styled City of Denton v. Denton County Fresh Water
Supply District No. 1A and Denton County Fresh Water Supply District
nd
No. 5, Cause No. 99-40158-362, filed in the 362 District Court of
Denton County, Texas, including strategy and possible settlement
negotiations.
Council Member Durrance arrived during the Closed Meeting.
The Council convened into a Special Called Meeting on Tuesday, July 13, 1999 at 6:00 p.m. in
the Council Chambers at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Young.
ABSENT: Council Member Kristoferson
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
CONSENT AGENDA
Beasley motioned, Burroughs seconded to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”,
Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
2. Approved a vehicle inventory tax refund to Jimmy Brazile in the amount of $548.38 due
to an overpayment made on tax account #915544.
3. Approved a vehicle inventory tax refund to Cycle Center of Denton in the amount of
$2,289.47 due to an overpayment on tax account #918629.
4. Approved of a vehicle inventory tax refund to Denton Motors in the amount of $1,659.67
due to an overpayment made on tax account #914803.
City of Denton City Council Minutes
July 13, 1999
Page 2
5. NO. 99-224
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM TWO-FAMILY DWELLING (2F) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A CENTRAL BUSINESS (CB)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.79
ACRES OF LAND BOUNDED BY CARROLL BOULEVARD, PEARL STREET,
BOLIVAR STREET AND PARKWAY STREET; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (Z-99-028)
6. NO. 99-225
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN
APPLICATION WITH AND THEN TO EXECUTE A PUBLIC TRANSPORTATION
AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC
TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.
VARIANCES
7. The Council considered approval of an exaction variance from Section 34-114(5) of the
Subdivision and Land Development Regulations concerning perimeter paving. The 0.758 acre
subject property was located on the northeast corner of Willowwood Street and Kendolph. The
proposed use was two (2) single-family residential lots. The Planning and Zoning Commission
recommended approval (5-2). (V-99-008, Laramie Addition)
Mark Donaldson, Assistant Director of Planning and Development, stated that the Planning and
Zoning Commission recommended approval of the variance. The applicant was requesting no street
improvements on Willowwood. The ordinance allowed for a payment in lieu of actual
improvements as Willowwood was scheduled in the current CIP program. Without the variance,
the developer would have to pay $14,000 for the two lots. The Planning and Zoning Commission
recommended a partial variance corresponding to $5,400 per lot. That was the standard amount in
lieu of payments per lot.
Mayor Pro Tem Beasley questioned where in the CIP this project was located.
Rick Svehla, Deputy City Manager, stated that it would be done sometime this year. The bonds for
the project had already been sold.
Council Member Burroughs stated if nothing was done developmentally until after the CIP
improvements, the developer would not have to pay for the improvements.
Donaldson replied correct that they would not have to pay for the improvements.
The following individuals spoke regarding the variance:
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July 13, 1999
Page 3
Peggy LaPoint, 1120 Broadway, Denton, 76201 – favor for a full variance
Thomas LaPoint, 1120 Broadway, Denton, 76201 – favor for a full variance
Paul Voertman, 1811 Willowwood, Denton, 76205 – favor for a full variance
Beasley motioned, Young seconded to grant a full variance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
8. The Council considered approval of exaction variances concerned with establishing water
utility standards for fire protection purposes for the Clear Ridge Addition.
A) An exaction variance from Section 34-116(e) of the Subdivision and Land
Development Regulations pertaining to water line capacity. The Planning and Zoning
Commission recommended approval (6-0).
B) An exaction variance from Section 34-116(c) of the Subdivision and Land
Development Regulations pertaining to fire hydrants. The Planning and Zoning Commission
recommended approval (5-1).
The 273.893 acre site was located on the south side of Elm Bottom Circle, east of F.M. 428 and
was in the City of Denton’s ETJ, Division 1. The proposed use was seven (7) single-family
residential lots. (V-99-009, Clear Ridge Addition)
Mark Donaldson, Assistant Director for Planning and Development, stated that the City’s
regulations required that the development deliver 500 gallons of water per minute to fight fires.
This area was served by Bolivar Fire which had the capacity of only 160 gallons per minute with
private wells. The Fire Department recommended denial but the Planning and Zoning
Commission recommended approval of both variances.
Mayor Pro Tem Beasley stated that the back-up materials indicated that the Fire Marshall
recommended denial of the variances as it could possibly affect the fire rating for the City. She
felt that anyone who built there would know that there was not sufficient water to fight a fire in
that location. She questioned if the insurance rates would be higher than in the city limits.
Donaldson stated that there might be an impact on the City rating if there were a large number of
such variances.
Mayor Pro Tem Beasley stated that the extraterritorial jurisdiction had a different level of service
than in the city limits.
Rick Jones, Fire Marshall, stated that if the property were annexed and it had inadequate fire
flow, etc. that would affect the city but not if the property were in the ETJ.
The following individual spoke regarding the variance:
Craig Beckham, 223 W. Hickory, Denton, 76201 – favor for a full variance
City of Denton City Council Minutes
July 13, 1999
Page 4
Burroughs motioned, Cochran seconded to grant a full variance for both requests. On roll vote,
Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Young “aye”, and Mayor Miller
“aye”. Motion carried with a 5-1 vote.
9. The Council considered approval of exaction variances from Section 34-114(5) and
Section 34-114(17), concerning perimeter streets and sidewalks, of the Subdivision and Land
Development Regulations for the Preserve at Pecan Creek Addition, Phase I. The 169.2 acre
subdivision was located east of N. Swisher Road and north of Shady Shores Road. The
developer had requested the variances from perimeter street and sidewalk improvements along
the portions of Pockrus Page Road and N. Swisher Road, because the development would not
directly access these streets. In lieu of these improvements, the developer had proposed to make
alternative improvements. The Planning and Zoning Commission recommended approval (5-2)
with conditions. (V-98-012, The Preserve at Pecan Creek)
Mark Donaldson, Assistant Director for Planning and Development, stated that this was a request
for a partial variance for perimeter paving and a full variance for sidewalks. The Planning and
Zoning Commission recommended approval for both. The developer had proposed to mill off
the existing asphalt and provide a two inch overlay on the current existing pavement. Residents
on Swisher Road expressed a desire to keep the rural aspect of the area and the variance for
sidewalks would allow for that. The cost of the improvements were based to the impact on the
roads.
Mayor Pro Tem Beasley questioned the options for the street.
Donaldson stated that the options included when the school came in or the property to the north
was developed.
The following individual spoke regarding the variance:
Marc Footlik, 4000 West Windsor Drive, Flower Mound, 75028 - favor of full variance
Burroughs motioned, Young seconded to grant the variance with the conditions as applied by the
Planning and Zoning Commission and the timing of the ultimate improvements that staff
recommended.
Council Member Cochran stated that he was not in favor of the motion as the City would be
responsible for part of the improvements if this was granted. He felt that the development would
have impact on the neighboring roads.
Mayor Miller stated that he was in support of the variances and felt that the conditions by staff
would take care of this contingency. This was an area of transition where city met country.
Granting the variances would be responsive to the neighbors in the area and would preserve the
trees in the area.
Mayor Pro Tem Beasley stated that it made sense right now for a variance but she suggested a
variance for a certain number of years and then have the developer have the responsibility of
paying for the improvements.
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July 13, 1999
Page 5
Council Member Burroughs asked about a provision for a time limit or access from the
subdivision as conditions for the variance.
City Attorney Prouty stated that with variances the Council could have whatever conditions were
necessary.
Mayor Miller pointed out that the conditions already stated that the variance, for any reason,
could be re-evaluated by staff and reconsidered by the Planning and Zoning Commission.
Footlik asked about time constraints as they applied to approved plats that would be under
construction.
Council Member Cochran suggested adding a condition that the variance would be re-evaluated
if there were improvements required on the road across the street.
Footlik indicated that he would agree to such a condition. If the City would be requiring
additional improvements across the road in the future, the situation would probably have
changed with the residents in the area.
Council Member Burroughs stated that an end point would be needed because at some point the
developer would not be there any longer.
City Attorney Prouty stated that a time limit for the conditions could be added.
Burroughs amended the motion to include that a re-evaluation would occur seven years out.
Young agreed to include that amendment in his second.
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Young “aye”, and
Mayor Miller “aye”. Motion carried with a 5-1 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
10. The Council considered and took action on appeal of Tim Beaty, Phillip Strange, and
TNT Properties, the owners and developers of a proposed multi-family project to be located at
the corner of Ross and Carroll Boulevard within the City of Denton, Texas, known as Alexa
Lynn Beaty Addition, for both an appeal and an exception to be relieved of the provisions of
Resolution No. R99-022, as amended, which places a moratorium on multi-family housing,
under Sections VI and VII of the resolution.
Dave Hill, Assistant City Manager for Development, stated that this was the first of four appeals
for exceptions to the moratorium. The property was zoned MF-1 and the applicant had made an
appeal as they were already in the process of platting and had gone through Development
Review Committee. This would be a traditional renting situation with no leasing of single
bedroom units. Staff recommended approval of the request.
The following individual spoke regarding the request:
Trina Finney, 717 Linwood, Denton, 76201 - favor
City of Denton City Council Minutes
July 13, 1999
Page 6
Young motioned, Beasley seconded to grant the appeal. On roll vote, Beasley “aye”, Burroughs
“aye”, Cochran “aye”, Durrance “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
11. The Council considered and took action on appeal of Windjammer, LTD, the owners and
developers of a proposed multi-family project to be located generally at Wind River Lane and
Interstate 35E within the City of Denton, Texas, for both an appeal and exception to be relieved
of the provisions of Resolution No. R99-022, as amended, which places a moratorium on multi-
family housing, under Sections VI and VII of the resolution.
Dave Hill. Assistant City Manager for Development, stated that this request for an exception to
the moratorium was requested as it would prevent the development of a planned development
plan. The recommendation was to approve the request based on evidence that the project would
not include separate leasing of bedrooms.
The following individual spoke regarding the request:
Ike Shupe, 1717 Main Street, Suite 2800, Dallas, 75201 - favor
Young motioned, Cochran seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “nay”, Young “aye”, and Mayor Miller “aye”. Motion
carried with a 5-1 vote.
12. The Council considered and took action on an exception request of Mesa Design Group,
on behalf of the owners and developers of a proposed Planned Development Concept Plan
amendment intended to contain multi-family housing to be located generally on the west side of
Bonnie Brae, north from the intersection of Windsor Drive, extending to Highway 77, within the
City of Denton, Texas, for an exception to be relieved of the provisions of Resolution No. R99-
022, as amended, which places a moratorium on multi-family housing, under Section VII,
subsection 2, item 2 of the resolution.
Dave Hill, Assistant City Manager for Development, stated that this exception request was for
the concept plan amendment for PD 115. The exception was requested because the developer
did not intend to allow leasing based on bedroom leasing. Staff recommended approval.
The following individual spoke regarding the request:
Tary Arterburn, 3100 McKinney, Suite 905, Dallas, 75201 - favor
Joyce Poole, 3021 N. Bonnie Brae, Denton, 76207 - opposition
Randy Schumacker, 2227 Carriage Hill, Denton, 76207 - opposition
Sherry and William Darby, 2208 Crestmeadow, Denton, 76207 – did not speak but
presented cards in opposition.
Young motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “nay”, Young “aye”, and Mayor Miller “aye”. Motion
carried with a 5-1 vote.
City of Denton City Council Minutes
July 13, 1999
Page 7
13. The Council considered and took action on an exception request by Jack Bell Companies,
Inc., the owner and developer of a proposed multi-family project to be located on Lots 13 and 14
Block A Sunvalley Addition in Denton, Texas for both an appeal and an exception to be relieved
of the provisions of Resolution No. R99-022, as amended, which places a moratorium on multi-
family housing, under Sections VI and VII of the resolution.
Dave Hill, Assistant City Manager for Development, stated that this request was based on the
fact that there would not be leasing by the bedroom.
Young motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
14. The Council considered adoption of an ordinance abandoning and vacating a 12 foot
sanitary sewer easement through Lots 15-17 of Block B of the McDonnell Highland Addition,
Phase 2 and future Phase 3 and recorded in Volume 695, page 350 of the Deed of Records of
Denton County, Texas; and declaring an effective date.
The following ordinance was considered:
NO. 99-226
AN ORDINANCE ABANDONING AND VACATING A 12 FOOT SANITARY SEWER
EASEMENT THROUGH LOTS 15-17 OF BLOCK B OF THE MCDONNELL HIGHLAND
ADDITION, PHASE 2 AND FUTURE PHASE 3 AND RECORDED IN VOLUME 695, PAGE
350 OF THE DEED OF RECORDS OF DENTON COUNTY, TEXAS; AND DECLARING AN
EFFECTIVE DATE
Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
15. The Council considered adoption of an ordinance approving an easement agreement
between the City of Denton and Paul Kovar, Audrey Diane Shaw and Susan Kovar Smith,
regarding the defining of an electric utilities easement granted to the City from a blanket
easement previously assigned to the City of Denton from Brazos Electric Power Cooperative;
and providing an effective date.
The following ordinance was considered:
NO. 99-227
AN ORDINANCE APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF
DENTON AND PAUL KOVAR, AUDREY DIANE SHAW AND SUSAN KOVAR SMITH,
REGARDING THE DEFINING OF AN ELECTRIC UTILITIES EASEMENT GRANTED TO
THE CITY FROM A BLANKET EASEMENT PREVIOUSLY ASSIGNED TO THE CITY OF
DENTON FROM BRAZOS ELECTRIC POWER COOPERATIVE; AND PROVIDING AN
EFFECTIVE DATE.
City of Denton City Council Minutes
July 13, 1999
Page 8
Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
16. The Council considered adoption of a resolution authorizing the City Manager, 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 an agreement to pay 10% of the total project costs and
designating TxDOT as the City’s grant administration of Federal and State funds for said project;
and providing an effective date.
The following resolution was considered:
NO. R99-028
A RESOLUTION AUTHORIZING THE CITY MANAGER, 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 AN AGREEMENT TO PAY 10%
OF THE TOTAL PROJECT COSTS AND DESIGNATING TXDOT AS THE CITY’S
GRANT ADMINISTRATION OF FEDERAL AND STATE FUNDS FOR SAID
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Cochran seconded to approve the resolution. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
Council considered Items #17-19 with one motion. Beasley motioned, Young seconded to adopt
the ordinances associated with Items #17-19. On roll vote, Beasley “aye”, Burroughs “aye”,
Cochran “aye”, Durrance “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried
unanimously.
17. NO. 99-228
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND EVA ELAINE, INC., RELATING TO THE PURCHASE OF
0.662 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL
29); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
18. NO. 99-229
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND JOSEPH E. KECK AND BARBARA KECK, RELATING
TO THE PURCHASE OF 0.005 ACRES OF LAND FOR THE EXPANSION OF U.S.
City of Denton City Council Minutes
July 13, 1999
Page 9
HIGHWAY 77 (PARCEL 43); AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
19. NO. 99-230
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND EVA ELAINE, INC., RELATING TO THE PURCHASE OF
0.318 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL
26); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
20. The Council received and considered a recommendation from the Interim Oversight
Committee.
Rick Svehla, Deputy City Manager, stated that the Oversight Committee was requesting
reallocation of funding from the Masch Branch Road project. Denton County had included in
one of their projects, the design feasibility, first routing and schematics of the western loop of
Loop 288. Denton County was asking if the City would participate in the feasibility and
environmental evaluation of the western loop. There was funding left from the Masch Branch
Road project equaling approximately $275,000. The County was asking for $260,000 of that
money to go into the plan.
Beasley motioned, Burroughs seconded to approve the recommendation. On roll vote, Beasley
“aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, and Mayor Miller “aye”.
Motion carried unanimously.
21. The Council considered nominations/appointments to City Boards and Commissions.
Council voted on prior nominations and made new nominations for future consideration as noted
in Attachment A. The rules were suspended for consideration of nominations for the Zoning
Board of Adjustment and the Construction Advisory and Appeals Board.
22. The Council considered closing Texas Street at the Union Pacific tracks in exchange for a
permanent crossing at Nottingham Street at the Union Pacific tracks.
Rick Svehla, Deputy City Manager, stated that the City had been working for over a year on this
project. Prior experience with the Railroad was that there needed to be an exchange of one
crossing for another. This was not the case for Nottingham. Initial discussions with the Railroad
indicated that they wanted to close two crossings for one new crossing and in the past several
months were even talking about three closings for one opening. Staff had had neighborhood
meetings, looking at closing both Willis and Frame Streets. It was felt that the neighborhood
meetings were successful in that the residents indicted that either of those intersections could be
closed. There was also some discussion about closing Texas Street and some residents at the
meetings had also suggested that. The Texas crossing served the Service Center and the 15
houses on Rose Street. A fax from the Railroad indicated that they would agree to close Texas
Street and a crossing off Locust Street near Acme Brick. Acme indicated that that crossing was
already fenced off and was not used. The majority of the traffic on Texas Street was from city
vehicles going to and from the Service Center. In a recent count, it was determined that 90-95%
City of Denton City Council Minutes
July 13, 1999
Page 10
of the vehicles using the Texas Street crossing were related to city business in one form or
another.
Council Member Young felt that Willis Street should be considered.
Svehla replied that there were more cars that used Willis and more cars not related to city
business on Willis. The traffic count on Willis for citizen vehicles was much more than on
Texas Street.
Mayor Pro Tem Beasley questioned the traffic route into the Service Center if Texas Street were
closed.
Svehla stated that the vehicles would go Rose to Frame on Paisley or on Willis Street through the
parking lot. Staff would like a new drive on the south side of Service Center on Paisley at some
future date. Currently there were eight houses in that location.
Mayor Miller stated that no one liked to close a crossing but the question was whether or not to
extend Nottingham. Two neighborhood meetings had been held and the proposal had been
extensively studied. He felt Council should follow the staff recommendation.
Burroughs motioned, Cochran seconded to approve the closing of Texas Street.
Council Member Young stated that he would agree to close Texas Street if Ruddell Street would
be extended for another north-south connection.
Svehla stated that that would be a good long-term solution.
On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
23. Miscellaneous Matters from the City Manager.
Deputy City Manager Svehla did not have any items for Council.
24. New Business
The following items of New Business were suggested by Council Members for future agendas:
A. Council Member Cochran requested Council consideration of a resolution to the
TNRCC similar to one passed by the County regarding the transporting of
hazardous materials through Denton and Denton County by Union Pacific.
B. Council Member Cochran requested staff look into legal amendments dated 1984
regarding the Development Plan relative to time limits on planned developments.
C. Council Member Cochran requested staff look into the Code requirements on the
number on non-related individuals who could live in one single-family house.
City of Denton City Council Minutes
July 13, 1999
Page 11
D. Council Member Cochran suggested staff look at the issue of the moratorium and
a possible amendment.
E. Council Member Young requested a letter be sent to residents on Bridges,
Carpenter, Mayhill and Gayla Streets regarding progress on work on the water
lines.
25. There was no continuation of Closed Meeting under Sections 551.071-551.085 of the
Texas Open Meetings Act.
26. There was no official action on Closed Meeting under Sections 551.071-551.085 of the
Texas Open Meetings Act.
With no further business, the meeting was adjourned at 9:25 p.m.
___________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS