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Minutes September 6, 2005 CITY OF DENTON CITY COUNCIL MINUTES September 6, 2005 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 6, 2005 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding the use or purchase of City of Denton right-of-way for business expansion in the downtown business district at the corner of Walnut and Cedar Streets. Linda Ratliff, Director of Economic Development, briefed the Council regarding the expansion. All neighboring property owners were in support except for two that indicated they were neutral on the proposal. Five parking spaces would be lost with the proposed expansion. Normally front doors were at the street level. This one would be raised and dining on the sidewalk would not be possible. Paris Rutherford, downtown consultant, suggested that Walnut be closed altogether or make it one lane one-way. The property owner needed to get a survey and appraisal, but wanted to know that Council supported this project before spending any additional money. Council discussion- The Downtown Master Plan encouraged outside dining on sidewalks for cafes. Staff was encouraged to find solutions that worked for all parties. If the proposal were approved, the use of the right-of-way for that street would be lost. If it fit in with the master plan, proceed with the proposal. Consensus of the Council was that this project fit in with the Downtown Master Plan and directed staff to negotiate a lease with the property owner that would accommodate the project. 2. The Council received a report, held a discussion and gave staff direction regarding the quarterly Development Code update and possible amendments to the Development Code. Kelly Carpenter, Director of Planning and Development Services, stated that Attachment 2 and 3 showed the rankings of the amendments and Attachment 3 also combined all comments. Items 5, 6, 8, 9, 13, and 15 were almost 95% completed. Staff needed direction from Council on which items to work on. Consensus of the Council was to add the items discussed in the work session under another heading to have all items in one document. A chart would be prepared based on the Council?s ranking order. A Reading File memo would be prepared with this information in a matrix. Council also mentioned to staff that infill should be flexible and not be one size fits all. It should enhance current structures. 3. The Council received a report, held a discussion and gave staff direction regarding RFSP #3355, Benefit Consultant Services. City of Denton City Council Minutes September 6, 2005 Page 2 Scott Payne, Risk Manager, stated that consultant services could benefit the city through advisement on health, life, dental, vision, supplemental life, accidental death and dismemberment, short term disability, and long term disability. He reviewed the RFSP process including the respondents, review team, evaluation details, pros and cons of each respondent and summary of the findings. Council discussion- A question if the references might have been different if the RFSP had been for a different number of employees. The review team interviewed three finalists for the proposal. Proposed timeline for approval of the proposal. Consensus of the Council was to have staff review the numbers, bring those figures back to thth Council on September 13 and have tentative approval set for September 20. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for September 6, 2005. Following the completion of the Work Session, the City Council did not convene in a Closed Meeting to consider the specific items listed under the Closed Meeting section of this agenda. 1. Council did not consider the following in Closed Meeting: A. Consultation with Attorney under Section 551.071 and Deliberation regarding Real Property under Section 551.072. 1. Deliberation on the purchase and value of real property for a tract of land owned by Mayhill Denton, L.P. containing approximately 3.676 acres located in the Gideon Walker Survey, Abstract No. 1330, in the City of Denton, Denton County, Texas, and consultation with the City?s attorneys regarding related legal issues. 2. Deliberation regarding the value of a partial easement abandonment of that certain public easement recorded in Vol. 4654, Page 00483 of the Real Property Records of Denton County, Texas, and consultation with the City?s attorneys regarding legal issues related to the abandonment. Regular Meeting of the City of Denton City Council on Tuesday, September 6, 2005 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 September 6, 2005 Page 3 2.PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. The Council considered a Resolution of Appreciation for Herb Prouty. Mayor Brock read a resolution of appreciation for Herb Prouty. McNeill motioned, Thomson seconded to approve the resolution. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. Mayor Brock presented Mr. Prouty with a plaque recognizing his service to the City. The Mayor read the following proclamations: Constitution Week Save A Life Month B. Recognition of staff accomplishments City Manager Conduff recognized staff accomplishments. 3. CONSENT AGENDA Kamp motioned, McNeill seconded to adopt the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. A. 2005-228A ? An ordinance accepting competitive bids and awarding a three year contract for the purchase of concrete electric distribution poles for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3361 ? Three Year Agreement for Purchase of Concrete Electric Distribution Poles to the lowest responsible bidder for each item, Lonestar Prestress Manufacturing, Inc., in the annual estimated amount of $118,792). The Public Utilities Board recommended approval (5-0). B. 2005-229 ? An ordinance accepting competitive bids and awarding an annual contract for the purchase of traffic signals for the City of Denton Traffic Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3341 ? Annual Contract for Traffic Signals awarded to the lowest responsible bidder for each item in the estimated amount of $175,000). C. 2005-230 ? An ordinance accepting competitive bids and awarding an annual contract for the purchase of multipurpose paper for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 3366 ? Annual Contract for Multipurpose Paper awarded to the lowest responsible bidder, Ricoh Corporation, in the annual estimated amount of $30,992). City of Denton City Council Minutes September 6, 2005 Page 4 D. 2005-231 ? An ordinance accepting competitive bids and awarding a contract for the rental of heavy equipment for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3367 ? Rental of Heavy Equipment awarded to the lowest responsible bidder or lowest evaluated local vendor for each item as listed in Exhibit A). E. 2005-232 ? An ordinance awarding a contract for the purchase of two 10,000 gallon above ground fuel storage tanks to the second low bidder, Separation Systems Consultants, Inc., due to the low bidder refusing to honor a bid for Item 1 in Ordinance No. 2005-188, dated July 19, 2005; providing for the expenditure of funds therefor; and providing an effective date. (Bid 3343 ? 10,000 Gallon Con Vault Above Ground Fuel Storage Tank for Item 1 to Separation Systems Consultants, Inc. - $77,998). The Public Utilities Board recommended approval (5-0). F. 2005-233 ? An ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of 35, 65, and 95 gallon refuse carts for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3394 ? Purchase of Refuse Carts in the estimated amount of $315,000?the amount is subject to increase depending upon customer demand). The Public Utilities Board recommended approval (5-0). G. 2005-234 ? An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of recycling carts for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3395 ? Purchase of Recycling Carts awarded to Otto Industries, Inc. in the estimated amount of $110,000). The Public Utilities Board recommended approval (5-0). H. 2005-235 - An ordinance accepting sealed proposals and awarding a contract for high technology procurement for the rental of approximately fifty-six departmental monochrome copiers for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFP 3351 ? Convenience Copier Fleet Management Solution awarded to Technifax Office Solutions in the estimated annual amount of $83,787.24 for a three year total of $251,361.72). I. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1.Abernathy, Lewis M Duplicate Payment 2004$ 524.65 2. Bode, Stanley M Duplicate Payment 2004 $ 508.58 3.First American R E Tax Duplicate Payment 2004$ 587.65 Service/Howell, Larry B City of Denton City Council Minutes September 6, 2005 Page 5 Tax Name Reason Amount Year 4. Haxter-Fair Title/Carter, Rickey & Duplicate Payment 2004 $ 1,062.23 Jill 5.Homecomings Financila/Gavilanes, Duplicate Payment 2004$ 932.16 Daniel L 6. Mortgage Services/Nicosia & 77 Duplicate Payment 2004 $ 1,090.35 LP J. 2005-236 ? An ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and the Juneteenth Committee to support future Juneteenth celebrations; providing for the expenditure of funds therefor; and providing for an effective date. K. 2005-237 ? An ordinance amending the Development Review Fee Schedule for minor amendments to planning application fees. (SI05-0017, Fee Schedule) L. 2005-238 ? An ordinance approving a Real Estate Contract between Mayhill Denton, L.P., as Seller and the City of Denton, Texas as Purchaser for a Tract of Land consisting of approximately 3.676 acres located in the Gideon Walker Survey, Abstract No. 1330 in the City of Denton, Denton County, Texas; authorizing the expenditure of funds and providing an effective date thereof. The Public Utilities Board recommended approval (5-0). M. 2005-239 ? An ordinance approving a Real Estate Contract between the City of Denton, Texas and the Harriel Group, Westover Residential Company, Ltd., and Preserve I Development, LLC. for the partial abandonment of a public utility easement recorded in Volume 4654, Page 00483 of the Real Property Records of Denton County, Texas and being located in the Gideon Walker Survey, Abstract 1330; and providing an effective date (Preserve Apartments ? Shady Shores Road). The Public Utilities Board recommended approval (5-0). N. Approved an exception to the Noise Ordinance for the purpose of a church musical revival, ?One Voice, One Sound? sponsored by St. Emmanuel Missionary Baptist Church on Sunday, September 25th in Fred Moore Park. The exception is specifically requested for an exception of hours of operation on Sundays for an outdoor music festival. O. Approved an exception to the Noise Ordinance for the purpose of the 8th Annual Denton Bluesfest 2005 music festival, sponsored by the Denton Black Chamber of Commerce. The event will take place at the North Texas Fairgrounds on Saturday, September 17, 2005, from 4:00 p.m. to 12:00 a.m. The exception is specifically requested for an increase in the decibels to 70 and for an exception of hours of operation for an outdoor music festival. City of Denton City Council Minutes September 6, 2005 Page 6 P. 2005-240 ? An ordinance of the City of Denton, Texas, authorizing the City Manager to pay the City?s Annual dues to the Texas Public Power Association; authorizing the expenditure of funds therefor; providing an effective date. The Public Utilities Board recommended approval (5-0). The Council considered the supplemental agenda item regarding the disaster relief. 1. The Council discussed procedures and measures to be taken by the City of Denton in response to the sudden and unexpected influx of evacuees from the Hurricane Katrina disaster, and the resultant imminent threats to public health and safety posed by the storm, the declaration of emergency, the relocation, and the need to provide emergency food, water, shelter, public safety, information, and other emergency services to evacuees and their families. City Manager Conduff briefed the Council on efforts by the City of Denton to assist Katrina?s victims and clean-up efforts. 4. PUBLIC HEARINGS A. The Council held a public hearing on a proposal to adopt a tax rate of .60815 per $100 valuation, which will exceed the lower of the rollback rate or the effective tax rate. The Mayor opened the public hearing. The following individual spoke during the public hearing: Ken Stout, 4608 Mills Road, Denton, 76208 ? spoke in opposition The Mayor closed the public hearing. B. The Council held a public hearing and received citizen input on the 2005-06 proposed budget. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. C. The Council held a public hearing and considered adoption of an ordinance regarding an amendment to the Detailed Plan for Planned Development 12 (PD-12) zoning district for approximately 1.775 acres. The subject property was generally located 1,100 feet northwest of Lakeview Boulevard and I-35E frontage road intersection. The Planning and Zoning Commission recommended approval (5-1). (Z05-0007, Classic Mazda) Kelly Carpenter, Director of Planning and Development, stated that a detailed plan had been submitted with the intent to construct an automobile dealership. A major issue was the amount of trees that were going to be cut down. Both Corinth and the City of Denton had approved the proposed landscape plan. City of Denton City Council Minutes September 6, 2005 Page 7 The Mayor opened the public hearing. The following individuals spoke during the public hearing: Ronald Hamm, General Contractor for the Classic Dealerships, spoke in support Richard Allen, Owner and Manager of Classic Lincoln, Mercury, Mazda, spoke in support The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-241 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 87-84 TO ALLOW A DETAILED PLAN FOR AN AUTOMOBILE DEALERSHIP ON 1.775 ACRES, GENERALLY LOCATED 1,100 FEET NORTHWEST OF LAKEVIEW BOULEVARD AND I35 WEST FRONTAGE ROAD INTERSECTION AND SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NUMBER 346, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 11.58 acres from Neighborhood Residential 2 (NR-2) zoning district to Neighborhood Residential 4 (NR-4) zoning district. The property was located approximately 360 feet south of Paisley and 425 feet west of Mack Drive and was adjacent to the southeast border of Audra. The Planning and Zoning Commission recommended approval (7-0). (Z05-0002, Laurel Oaks) Kelly Carpenter, Director of Planning and Development, briefed the Council on the zoning of the surrounding properties. One letter of opposition had been received regarding the proposal. The Mayor opened the public hearing. The following individual spoke during the public hearing: Michael Deleon, 801 Enterprise, Flower Mound, spoke in support The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes September 6, 2005 Page 8 NO. 2005-242 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO THE NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 11.58 ACRES OF LAND LOCATED APPROXIMATELY 360 FEET SOUTH OF PAISLEY AND 425 FEET WEST OF MACK DRIVE AND IS ADJACENT TO THE SOUTHEAST BORDER OF AUDRA IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0002) Montgomery motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance regarding amendments to the Denton Development Code and the Code of Ordinances of the City of Denton, Texas related to amendments of Subchapter 12 (General Requirements) related to setback requirements for swimming pools as accessory structures. The Planning and Zoning Commission recommended approval (5-0). (DCA05-0004, Swimming Pool Setbacks) Kelly Carpenter, Director of Planning and Development, briefed the Council on problems with the existing setbacks. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-243 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 12 OF THE DENTON DEVELOPMENT CODE PERTAINING TO THE SETBACK REQUIREMENTS OF SWIMMING POOLS AS ACCESSORY STRUCTURES; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (DCA05-0004). Kamp motioned, Thomason seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. City of Denton City Council Minutes September 6, 2005 Page 9 F. The Council held a public hearing and considered adoption of an ordinance regarding amendments to the Denton Development Code and the Code of Ordinances of the City of Denton, Texas related to amendments to Subchapter 23 (Definitions and Terms) of the Development Code regarding townhouses. The Planning and Zoning Commission recommended approval (4-1). (DCA05-0003, Definitions of Townhouses) Kelly Carpenter, Director of Planning and Development, stated that a definition of townhouses was missing from the Development Code. She reviewed the proposed definition of townhouses indicating that clusters could be no larger than eight units. She also indicated the appeal process to apply for an exemption for a cluster greater than eight units. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-244 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SECTION 35.23.2 OF THE DENTON DEVELOPMENT CODE PERTAINING TO DEFINITION OF TOWNHOUSES AND DWELLING, SINGLE-FAMILY ATTACHED; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (DCA05-0003). Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution of the City Council of the City of Denton, Texas announcing that it will vote on a tax rate at its regularly scheduled meeting of September 20, 2005; providing for publication of notice of such vote on the tax rate; and providing an effective date. The following resolution was considered: NO. R2005-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ANNOUNCING THAT IT WILL VOTE ON A TAX RATE AT ITS REGULARLY SCHEDULED MEETING OF SEPTEMBER 20, 2005; PROVIDING FOR PUBLICATION OF NOTICE OF SUCH VOTE ON THE TAX RATE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes September 6, 2005 Page 10 Mulroy motioned, Heggins seconded to approve the resolution. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. B. The Council considered adoption of an ordinance of the City of Denton, Texas providing for the amendment of Ordinance No. 2004-387 which provides for the Schedule of Miscellaneous Fees, Service Charges, Deposits, Billings and Procedures for Administrative Services; by adding a provision that victims of family violence who reside in Denton, Texas, who are City of Denton Utility Customers, applying for utility service may have their deposit requirement to Denton Municipal Utilities waived, provided that a victim of family violence presents a completed, signed certification letter in a form approved by the City Attorney or his designate, and that they meet the criteria specified by Texas Family Code, Section 71.004; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (5-0). Sharon Mays, Director of Electric Utilities, briefed the Council regarding the regulation adopted by the Public Utilities Commission regarding a waiver for deposit for utility service for victims of family violence. The following ordinance was considered: NO. 2005-245 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE AMENDMENT OF ORDINANCE NO. 2004-387 WHICH PROVIDES FOR THE SCHEDULE OF MISCELLANEOUS FEES, SERVICE CHARGES, DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES; BY ADDING A PROVISION THAT VICTIMS OF FAMILY VIOLENCE WHO RESIDE IN DENTON, TEXAS, WHO ARE CITY OF DENTON UTILITY CUSTOMERS, APPLYING FOR UTILITY SERVICE MAY HAVE THEIR DEPOSIT REQUIREMENT TO DENTON MUNICIPAL UTILITIES WAIVED, PROVIDED THAT A VICTIM OF FAMILY VIOLENCE PRESENTS A COMPLETED, SIGNED CERTIFICATION LETTER IN A FORM APPROVED BY THE CITY ATTORNEY OR HIS DESIGNATE, AND THAT THEY MEET THE CRITERIA SPECIFIED BY TEXAS FAMILY CODE, SECTION 71.004; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. C. The Council considered appointing a nominating committee to develop a slate of appointees for the Economic Development Partnership Board. McNeill nominated, Thomson seconded to appoint Council Members Kamp and Montgomery and Dale Kimble to the nominating committee. On roll vote, Heggins ?aye?, Kamp ?aye?, City of Denton City Council Minutes September 6, 2005 Page 11 McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. D. The Council considered nominations/appointments to the City?s Boards and Commissions. Council voted on the previous nomination of Gabriel Daley to the Traffic Safety Commission. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. E. New Business The following item of New Business was suggested by Council for future agendas: 1. Mayor Pro Tem McNeill requested an update on the criteria for approving tax credit funded projects. F. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. G. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:10 p.m. ___________________________________ EULINE BROCK MAYOR CITY OF DENTON, TEXAS ___________________________________ JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS