E. Consider adoption of an ordinance of the City of Denton granting JPI Construction, LLC a noise exception pursuant to Section 17-20(c)(3)(f) of the City of Denton Code of Ordinances with respect to sound levels and hours of operation for approximately 21 concrete street pours, 32 foundation pours, concrete pumps, and generators to run pumps and lights related to construction of a new multifamily development located at 3855 Hudsonwood Rd; granting an increase in sound levels and a variance in the hours of operation which may be affected by weather, from 3:00 a.m. to 7:00 a.m., with sound not to exceed 70 decibels; and providing an effective date.

[E. Consider adoption of an ordinance of the City of Denton granting JPI Construction, LLC a noise exception pursuant to Section 17-20(c)(3)(f) of the City of Denton Code of Ordinances with respect to sound levels and hours of operation for approximately 21 concrete street pours, 32 foundation pours, concrete pumps, and generators to run pumps and lights related to construction of a new multifamily development located at 3855 Hudsonwood Rd; granting an increase in sound levels and a variance in the hours of operation which may be affected by weather, from 3:00 a.m. to 7:00 a.m., with sound not to exceed 70 decibels; and providing an effective date.]

FIRST. AND THAT IS ID 252186. CONSIDER ADOPTION OF ORDINANCE OF THE CITY OF DENTON GRANTING JPI CONSTRUCTION, LLC A NOISE EXCEPTION PURSUANT TO SECTION 17 DASH 20 C3F OF THE CITY OF DENTON. CODE OF ORDINANCES WITH RESPECT TO SOUND LEVELS AND HOURS OF OPERATION FOR APPROXIMATELY 21 CONCRETE STREET POURS. AND SAY A LITTLE MORE ABOUT THAT 32 FOUNDATION POURS, CONCRETE PUMPS AND GENERATION TO RUN PUMPS, LIGHTS AND RELATED TO CONSTRUCTION OF NEW MULTIFAMILY DEVELOPMENT. LOCATED AT 3855. HUDSON WOOD ROAD, OKAY. IS THERE A NO PRESENTATION? NO. OKAY. GOT IT. REPRESENTATIVE FROM DISTRICT TWO.

>> THANK YOU. I'M THE ONE THAT REQUESTED TO PULL THIS. THANK YOU, MR. MAYOR. 3 A.M. IS REALLY EARLY. AND FOR THE. I UNDERSTAND THE RATIONALE AS PRESENTED BY STAFF. AND THANK YOU STAFF FOR FOR THAT FOLLOW UP ANSWER. BUT THOSE ARE NOT OUR HOT MONTHS AND WE DON'T NEED TO BE BACKING INTO JANUARY 3 A.M. FEBRUARY 3 A.M. THOSE ARE OUR COOL MONTHS. YOU CAN DO THOSE IN NORMAL TIME. THERE ARE FOLKS THAT LIVE ALL AROUND THAT AREA. I CAN'T SUPPORT A 3 A.M.

NOISE REDUCTION. YOU KNOW, IF WE HAD A FEW WEEKS AS WE PUSH INTO APRIL OR MAY THAT. BUT I

WON'T BE SUPPORTING THIS. >> OKAY. ANY OTHER ANY OTHER QUESTIONS? COMMENTS. SEEING

NONE. REPRESENTATIVE DISTRICT SIX. >> SO I'M LOOKING AT THE SITE MAP AND I'M WONDERING IF SOMEONE CAN SPEAK TO WOULD IT BE POSSIBLE TO GIVE THE EXCEPTION TO THE SOUND ORDINANCE BECAUSE WE'VE GOT TWO OF THE FOUR SIDES OF THE RECTANGLE THAT HAVE NO ONE NEAR, IT'S JUST LAND. AND SO I'M WONDERING IF WE MIGHT FIND A COMPROMISE AND SAY, WHEN YOU'RE AROUND THESE MULTIFAMILY. COMPLEXES, PLEASE USE DAYLIGHT HOURS. AND THEN PERHAPS AS OPPOSED TO I'M JUST TRYING TO MEET IN THE MIDDLE, TRYING TO CONSIDER OUR CITIZENS, BUT AT THE SAME TIME NOT IMPEDE PROGRESS.

>> YES. IF COUNCIL CHOSE TO MAKE SOME KIND OF EXCEPTION LIKE THAT, WE CAN DEFINITELY DO THAT. BUT I WILL SAY THAT THEY ARE STAGGERING AND THEY'RE MOVING AWAY FROM THE MULTIFAMILY AS THEY DO THOSE PORES. AND SO SOME OF THEIR EFFORT IS TO START THE PAUSE THERE AND THEN GRADUALLY MOVE AWAY AND INCREASE THAT BUFFER DISTANCE. BUT IF COUNCIL CHOSE TO WANT TO INCREASE THE TIME AND NOT DO SO EARLY AND CLOSER TO THOSE MULTIFAMILY COMPLEXES,

YOU CAN DO SO. >> MAY I FOLLOW UP WITH A QUESTION, MAYOR?

>> YES. >> THANK YOU. SO IS IT. AND AGAIN, I DIDN'T SEE THE ACTUAL PLANS AS FAR AS WHAT WE'RE WHAT IS BEING PROPOSED AS FAR AS WHAT THE MATERIALS WERE FOR THIS NOISE EXCEPTION, IS IT SAFE TO SAY THAT THE NOISE EXCEPTION IS NEEDED THROUGHOUT THE PROPERTY, AS OPPOSED TO YOU'RE JUST SAYING THE FIRST STAGE WILL BE RIGHT THERE NEXT

TO THE MULTIFAMILY? >> YES. I'M SORRY TO CLARIFY, THE NOISE EXCEPTION WOULD BE FOR THE ENTIRE PROPERTY. MY MY POINT WAS THAT THEY ARE PREPARING TO DO PHASING AWAY FROM THE MULTIFAMILY. SO THE GREATEST IMPACT WOULD BE FOR THE FIRST COUPLE, PAUSE AND THEN GRADUALLY MOVE CLOSER TO MAY HILL ROAD AWAY FROM THE MULTIFAMILY, WITH FUTURE PAUSE

LESSENING THE IMPACT THEY HAVE ON THE MULTIFAMILY RESIDENTS. >> SO HAVE WE EVER I MEAN, DO

[00:10:02]

WE HAVE ANY EXPERIENCE IN SAYING, PLEASE DO THE PAUSE NEXT TO THE MULTIFAMILY UNITS DURING THE DAYLIGHT HOURS, AND THEN THE NOISE EXCEPTION IS ALLOWED FOR THE OTHER SECTIONS?

>> WE WE HAVEN'T DONE THAT IN THE PAST, BUT WE CAN WE CAN INCLUDE THAT. IF COUNCIL CHOSE

TO DO SO IT WOULD IT WOULD EXTEND THE COURT. >> OKAY. AND AGAIN, I DON'T KNOW IF THIS IS ALL POSSIBLE OR NOT. I'M JUST TRYING TO FIND CREATIVE WAYS TO MAKE THE BEST

DECISION. THANK YOU. >> COUNCIL MAYOR. THE CONTRACTOR IS ACTUALLY HERE.

AND IN CONVERSATIONS THAT WE'VE HAD WITH THEM REGARDING THE NOISE ORDINANCE AND PREPARING THESE DOCUMENTS, THEY HAVE AGREED TO DO THE PAUSE THAT ARE CLOSEST TO THOSE MULTIFAMILY PROPERTIES DURING NORMAL WORKING HOURS, AND RESERVE THE BEFORE HOURS PAUSE FOR THOSE

THAT ARE FARTHER AWAY. >> AND PERHAPS WITH OUR CONSTITUENTS IN MIND, IS THAT SOMETHING THAT THEY WOULD AGREE TO PUT IN AN EMAIL OR SOME KIND OF WRITING TO, WHERE WE CAN

SHOW THOSE? BECAUSE I KNOW I HAD SOMEONE REACH OUT. >> CONCERNED ABOUT THAT IN

WRITING. >> WELL, OKAY, THAT'S FABULOUS AND VERY MUCH APPRECIATED.

THAT'S AMAZING. THANK YOU. >> WELL, REPRESENTATIVE FROM DISTRICT FIVE.

>> WHAT IS FIRST FEW PAUSE MEAN? HOW MANY ARE WE TALKING? >> SO I DON'T KNOW THAT FIRST FEW PAUSE IS REALLY THE RIGHT THING TO SAY. BUT THE CONTRACTOR HAS AGREED THAT ANY OF THOSE PROPERTIES THAT ARE CLOSEST TO THE TWO MULTIFAMILY, THE ONE TO THE WEST AND THE ONE TO THE SOUTH, THOSE WILL BE DONE DURING THE NORMAL WORKING HOURS. SO THEY WOULDN'T BE ASKING FOR AN EXCEPTION TO THE NOISE ORDINANCE FOR THOSE PAUSE THAT ARE CLOSEST TO. I COULD GET SOME MORE CLARIFICATION ON WHAT THE ACTUAL DISTANCE IS FOR THOSE, BUT THEY WOULD BE STARTING FARTHER AWAY FOR THE EARLY HOUR PAUSE AND THEN ONLY WORKING CLOSER TO THE

MULTIFAMILY PARCELS WHENEVER IT'S DURING NORMAL HOURS. >> SO I UNDERSTAND THAT, I GUESS. LET ME ASK A DIFFERENT QUESTION. HOW MUCH WORK DO WE ANTICIPATE BEING DONE BETWEEN THE HOURS OF 03 0000 0700 ANYWHERE ON THE SITE, WHETHER IT'S CLOSE TO THE APARTMENT

COMPLEX OR FURTHER AWAY? >> ONE OF THE RESPONSES THAT I GOT TO THAT QUESTION WAS THAT THERE WOULD BE TWO PER WEEK WITH ABOUT TEN TOTAL BEFORE OUR PAUSE.

>> SO. DO WE KNOW IS THAT GOING TO BE CLOSER TO 300 OR 700? I KNOW YOU HAVE THE WINDOW, BUT

I'M TRYING. CAN WE ANTICIPATE TIME FRAME A LITTLE BIT TIGHTER? >> MAY I ASK THE CONTRACTOR?

>> CAN THE CONTRACTOR HAVE A BETTER RESPONSE? >> I MEAN, HE'S, YOU KNOW.

>> CAN HE APPROACH? >> YEAH, SURE. YES. I'M EXCITED. >> THIS IS OUT OF MY NORM, SO BEAR WITH ME. SO TYPICALLY REALLY THE BASIS OF THIS IS TO WE ARE INSTALLING A PUBLIC ROADWAY THROUGH THE PROPERTY THAT IS HUDSON WOOD ROAD AND THAT IS SOMERSET ROAD. THOSE ARE TO BE DONE BY SLIP FORM. WE WOULD START ON THE FAR SIDE OF THE PROPERTY TOWARDS MAYHILL ROAD. IT'S APPROXIMATELY A 700 YARDS FROM ANY, ANY TENANT OR UNIT OR RESIDENCE. WE WOULD BEGIN THERE. OUR GOAL IS TO HAVE HUDSON WOOD ROAD AND SOMERSET ROAD KNOCKED OUT WITHIN 48 HOURS, SO WE WOULD START IN THE MORNING. BY THE TIME WE GOT WITHIN NOISE OR WHISPERING DISTANCE TO THE RESIDENTS, WE WOULD BE WITHIN WORKING HOURS. THAT IS THE

INTENT, IF YOU WILL. >> CLOSE ENOUGH. THANK YOU VERY MUCH. YES SIR. I THANK MY

COLLEAGUE FOR WORKING TO GET A COMPROMISE. >> MAYOR PRO TEM.

>> THANK YOU. MAYOR. I THINK THIS IS ABOUT THE THIRD ONE OF THESE WE'VE SEEN SINCE I'VE BEEN ON COUNCIL, AND IT'S USUALLY HAS SOMETHING TO DO WITH THE HEAT OF THE DAY IN CONCRETE. IS THERE A CERTAIN TEMPERATURE OR IS IT THE SUN THAT WE'RE WORRIED ABOUT? I IMAGINE WE'RE GOING TO SEE MORE OF THESE. SO I'M KIND OF CURIOUS IF THERE'S A

TEMPERATURE CONSIDERATION. >> SO THE IDEAL TEMPERATURE FOR CONCRETE POURS IS SOMEWHERE BETWEEN 50 AND 60 DEGREES. AND JUST AS LONG AS IT DOESN'T GO BELOW 40, PART OF THE REASON WHY WE GET A LOT OF THESE REQUESTS ON OUR LARGER JOB SITES IS DUE TO THE NUMBER OF POURS THEY'RE TRYING TO GET THE CONCRETE POURS COMPLETED FIRST, BECAUSE OBVIOUSLY THAT HAS TO BE DONE BEFORE A LOT OF THE OTHER THINGS LIKE THE VERTICAL CONSTRUCTION. AND SO IT REDUCES THE NUMBER OF TRIPS FOR CONCRETE TRUCKS TO THE SITE, LIKE NUMBER OF DAYS THAT THEY'RE ON SITE AND CUTS IT IN ABOUT HALF TO THE NUMBER OF DAYS THAT CONCRETE TRUCKS ARE ON THE SITE, YOU KNOW, POURING CONCRETE, MAKING ALL OF THE NOISES THAT GO ALONG WITH THE

CONCRETE POURS. >> OKAY. SO IDEAL 50, 60, SOMETHING LIKE THAT. AND WE

DON'T WANT TO REALLY SEE BELOW. DID YOU SAY 40 OR 45? >> NOTHING BELOW 40.

>> BEFORE OKAY. >> THANK YOU. >> REPRESENTATIVE FROM DISTRICT

ONE. >> AND THEN MY MY INITIAL CONCERN WAS THE NOISE LEVEL,

[00:15:02]

THE 70DB THAT WE HAVE HERE. AND I'VE GONE INTO RESEARCH WHAT 70DB SOUND LIKE. AND IT'S A MODERATE EVERYDAY NOISE LIKE A VACUUM CLEANER DISHWASHER. IT'S LIKE BEING IN YOUR HOME AND YOU JUST HEAR STUFF GOING ON OUTSIDE. SO THAT SHOULDN'T BE A BIG CONCERN TO ANYONE. BUT OF COURSE IT IS AT 3:00 IN THE MORNING. BUT NOW WE KNOW THAT YOU CAN START THAT PART VERY CLOSE TO MAYHILL, THEN YOU CAN. SO IT SOUNDS LIKE TO ME THAT THIS IS SOMETHING THAT'S DOABLE.

>> OKAY. ANYONE ELSE? REPRESENTATIVE DISTRICT SIX. >> I'D LIKE TO MOVE THAT. WE APPROVE. ITEM ID 25 2186, WITH THE CAVEAT THAT WE HAVE AGREED IN THIS MEETING, AND WE WILL BE RECEIVING IN WRITING AN AGREEMENT FROM THE APPLICANT TO ONLY UTILIZE THIS EXCEPTION IN THE AREAS TOWARD THE MULTIFAMILY UNIT. AND I WOULD ALSO LIKE TO EXTEND MY GRATITUDE FOR WORKING WITH US, EVEN THOUGH IT MAY COST YOU SOMETHING, IN ORDER TO TRY TO

MAKE EVERYONE AS HAPPY AS POSSIBLE. SO SO MOVED. >> REPRESENTATIVE DISTRICT FOUR.

>> I SECOND WITH THE WITH THE EXCEPTION NOTED. >> OKAY. THANK YOU. HAVE A MOTION AND A SECOND. ANY OTHER DISCUSSION? SEEING NONE, LET'S VOTE ON THE SCREEN. PASSES SIX

[W. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Mustang Apparel, Inc. dba Incentive Brands, for workwear for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 8926 - awarded to Mustang Apparel, Inc. dba Incentive Brands, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $3,500,000.00).]

ONE TAKES US TO ITEM W ID 252244. CONSIDER ADOPTION OF ORDINANCE OF THE CITY OF DENTON, TEXAS HOME RULE MUNICIPAL CORPORATION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT WITH MUSTANG APPAREL, INC, DBA INCENTIVE BRANDS. >> GOOD EVENING. LAURIE HILL, PURCHASING MANAGER. TONIGHT WE'RE BRINGING FORWARD A CONTRACT FOR OUR WORKWEAR.

WE'RE SEEKING A VENDOR THAT WAS CAPABLE OF OFFERING A COMPREHENSIVE AND DIVERSE CATALOG OF WORKWEAR PRODUCTS, AND THAT COULD DEMONSTRATE THE ABILITY TO OFFER US A FULL SERVICE CATALOG, PREFERABLY ONLINE, TO UPDATE THEIR PRODUCT LINES WHEN THEY BECOME AVAILABLE ONLINE, AND THEN HAVE CUSTOMIZATION OPTIONS AS AN EMBROIDERY AND SCREEN PRINTING OFFER SPECIALTY ITEMS INCLUDING FLAME RESISTANT CLOTHING, HIGH VISIBLE GEAR, AND WEATHER SPECIFIC OUTERWEAR, AND HAVE AVAILABILITY ACROSS ALL SIZES AND FITS. WE ISSUED A REQUEST FOR PROPOSAL THAT WAS SENT TO 277 PROSPECTIVE SUPPLIERS, WITH TEN PROPOSALS RECEIVED. THE EVALUATION TEAM WAS COMPOSED OF INDIVIDUALS FROM MULTIPLE DEPARTMENTS. EACH MEMBER INDIVIDUALLY EVALUATED PROPOSALS BASED ON THE CRITERIA SET FORTH IN THE RFP, WHICH INCLUDED QUALIFICATIONS AND REFERENCES, IMPLEMENTATION APPROACH AND METHODOLOGY, STAFFING AND PRICE. BASED ON THE EVALUATION DONE, INCENTIVE BRANDS WAS RANKED HIGHEST AND DETERMINED THE BEST VALUE FOR THE CITY. WE RECOMMEND AWARD TO INCENTIVE BRANDS IN THE ONE YEAR WITH FOUR ONE YEAR EXTENSIONS, FOR A TOTAL FIVE YEAR NOT TO EXCEED AMOUNT OF

$3,500,000. ANY QUESTIONS? >> OKAY. NO. WELL I DO, YES, BUT I WANT TO GIVE. IS THERE ANYTHING STAFF WANTS TO SPECIFY? OBVIOUSLY MY QUESTIONS ARE KNOWN. THANK YOU FOR THE ANSWERS PROVIDED. IF YOU WANT TO GO INTO THOSE OR ADD CONTEXT TO THAT FROM A STAFF PERSPECTIVE, I'LL GIVE YOU THE FLOOR NOW TO DO THAT. OTHERWISE I'M GOING TO PROCEED. BUT I WANT AT LEAST GIVE YOU AN OPPORTUNITY TO SPEAK TO THOSE THINGS, ANYTHING TO SHARE IN

ADVANCE OF THAT OR AROUND THE QUESTIONS I ASK? >> I DON'T THINK SO.

>> OKAY, GREAT. SO WE DO HAVE ONE CARD, BUT BEFORE YOU ONLY GET ONE CHANCE TO SPEAK. SO LET ME GET MY THOUGHTS OUT SO YOU'LL HAVE THOSE. MY CONCERN TO THE TO MY PEERS IS THIS IF YOU LOOKING AT STAFF'S ANSWERS AND TO MY QUESTION ON KIND OF THE METHODOLOGY AND THE LANGUAGE, I DID NOT SEE THAT IT ROSE TO THE LEVEL OF US SENDING A CHECK TO PLANO OR WHEREVER.

THIS IS NOT NO DISRESPECT TO THEM, BUT I JUST DIDN'T SEE MATERIAL DIFFERENCES. IT'S MORE STAFF NOTED THAT STOREFRONT COMPONENT. AND FOR ME, THAT'S I MEAN, IF YOU KNOW ANYTHING ABOUT TECHNOLOGY, YOU CAN STAND UP A STOREFRONT IN HALF A DAY. SO THAT, TO ME, ISN'T COMPELLING. THEN YOU TALK ABOUT THE MATERIALS AND THOSE THINGS NEEDED AND SOURCING. AND I THINK THAT THAT'S A VALID POINT. BUT I DON'T KNOW THAT I AGREE WITH THE LANGUAGE AND HOW THAT WAS COMMUNICATED AND WHAT THAT HOW THAT WOULD BE WEIGHTED, IF YOU WILL. AND IT'S NOT. AND SO

[00:20:03]

PRICING WISE, I THINK THE THE GROGGY DOG CAME IN A LITTLE LOWER. BUT THEN AND SO I LOOKED AT THE OBJECTIVELY, LOOKED AT THE VALUES. AND OBVIOUSLY I DON'T ORDER SHIRTS EVERY DAY, SO I DON'T I DON'T GET THAT. YOU KNOW, I DON'T UNDERSTAND THAT. BUT I NORMALIZE THE STOREFRONT TO SAY ANYBODY CAN DO THAT. I MEAN, THAT'S THAT'S NOT INTERNAL TO THE ORGANIZATION. THAT'S A THIRD PARTY THAT STANDS UP A UI FOR THEM TO FOR YOU LOOK AT A SCREEN AND THEN IT FLOWS THROUGH TO THE I DON'T THINK THAT'S INTERNAL TO A DEGREE THAT THAT WOULD. SO MY, MY ONLY THING AND THIS IS THE FIRST TIME I'VE SEEN IT. SO WHAT I'M GOING TO PUT FORWARD IS A MOTION TO REJECT ALL BIDS AND SEND IT BACK OUT WITH MORE CLARITY, MORE SPECIFICITY, SO THAT EVERYONE CAN SPEAK TO THE SAME THING. I JUST THINK THAT'S IMPORTANT TO HAVE. CERTAINLY I WANT THE BEST PERSON TO HAVE THE BEST OPPORTUNITY, BUT I DO FEEL LIKE OUTSIDE LOOKING IN, I'M NOT A PROFESSIONAL. SO, YOU KNOW, WE MAY DISAGREE ON THE THE REQUEST AND THE THOROUGHNESS OF IT. I JUST AND I THINK IT'S VERY THOROUGH. I'M JUST SAYING WHEN I READ IT LAYMAN'S TERMS, I JUST COULDN'T SIFT OUT THAT. WHAT WAS WHAT WAS ASKED FOR WAS GOING TO BE WEIGHTED THE WAY IT WAS. SO ALL I HAVE TO SAY, I DON'T DO IT EVERY DAY. I DON'T KNOW WHETHER THE SHIRTS, I'M FLYING BLIND, BUT THAT'S MY THAT'S MY OUTSIDE LOOKING IN FEEL. SO WITH THAT, THE SPEAKER DID HAVE A CARD. AND SO THERE'S ONE SPEAKER FOR THE CARD. SO THAT'S GOING TO BE CRAIG JONES. IF YOU CAN COME DOWN GIVE YOUR NAME. YOU'LL

HAVE THREE MINUTES. >> YEAH. >> THANK YOU MAYOR AND COUNCIL.

MY NAME IS CRAIG JONES. I'M THE OWNER OF GROGGY DOG LOCAL BUSINESS. BEEN IN DENTON FOR 25 YEARS. WE EMPLOY 65 PEOPLE IN THE COMMUNITY. AND THANK YOU FOR THE OPPORTUNITY TO SPEAK ON THIS RFP DECISION. I WANT TO BEGIN BY SAYING WE RESPECT THE CITY'S PROCUREMENT PROCESS AND THE WORK THAT STAFF PUTS IN AND EVALUATING PROPOSALS. MY PURPOSE TONIGHT IS SIMPLY TO PROVIDE IMPORTANT CONTEXT, GIVEN HOW CLOSE THE FINAL SCORES WERE AND THE STATED INTENT OF THE RFP. THE FINAL EVALUATION SCORES WERE 87.07 FOR INCENTIVE BRANDS LOCATED IN PLANO, TEXAS, AND 83.93 FOR GROGGY DOG, A DIFFERENCE OF JUST THREE POINTS. GROGGY DOG SCORED HIGHER IN EVERY EVALUATION CATEGORY EXCEPT ONE IMPLEMENTATION APPROACH AND METHODOLOGY. IN THAT CATEGORY, INCENTIVE BRANDS RECEIVED A 33.25, WHILE GROGGY DOG RECEIVED A 28. AS I UNDERSTAND IT, THE ITEM CITED AS DIFFERENTIATORS FOR THE HIGHER SCORING WERE ONLINE STOREFRONT FUNCTIONALITY, PRICING TRANSPARENCY, AND PUBLIC WAREHOUSE AND PRODUCT WAREHOUSING. THE SCOPE OF WORK SPECIFICALLY STATED THAT THE CITY OF DENTON WAS INTERESTED IN PURCHASING FROM A COMPANY WITH LOCAL STOREFRONT. THEY SAID THAT TWICE IN IN THEIR. THEY NEVER MENTIONED ONLINE STORES. HOWEVER, LIKE INCENTIVE BRANDS, WE ALSO PROVIDE CUSTOM ONLINE STOREFRONTS, INCLUDING SYSTEMS THAT ENSURE ONLY APPROVED ITEMS ARE ORDERED AND THAT ALL PURCHASES REFLECT NEGOTIATED PRICES. THESE CAPABILITIES ARE JUST STANDARD IN OUR INDUSTRY. THIS WAS NOT STATED IN THE REQUIREMENT IN THE RFP. SIMILARLY, WHILE PRODUCT WAREHOUSING WAS CITED AS A STRENGTH FOR INCENTIVE BRANDS, IT WAS NEITHER REQUIRED NOR SPECIFIED AS PREFERENCE IN THE SCOPE OF WORK IN STOCKING KEY CITY ITEMS HAD BEEN COMMUNICATED. WE COULD HAVE LEVERAGED OUR 30,000 SQUARE FOOT WAREHOUSE AND ABILITY TO STOCK KEY ITEMS. WE DO THIS FOR MANY COMPANIES. BASICALLY, GROGGY DOG CAN DO EVERYTHING. THAT INCENTIVE, BRAND STATED. HAD THREE THREE THE THREE ITEMS THEY LISTED AS DIFFERENTIATION POINTS BEEN CLEARLY IDENTIFIED AS CRITICAL EVALUATION FACTORS.

WE WOULD HAVE ADDRESSED THEM MORE DIRECTLY IN OUR PROPOSAL. WHAT WAS CLEARLY STATED IN THE RFP WAS THE CITY'S INTEREST IN PURCHASING FROM A COMPANY WITH LOCAL STOREFRONT. THIS REFLECTS AN IMPORTANT VALUE KEEPING CITY DOLLARS LOCAL, SUPPORTING LOCAL JOBS, AND ENSURING ACCESSIBILITY AND ACCOUNTABILITY. DRIVING ACROSS TOWN IS MUCH EASIER FOR CITY WORKERS, CITY EMPLOYEES THAN DRIVING TO PLANO AND BACK. WHAT THE DIFFERENCE BETWEEN THE FIRST AND SECOND OF THE THREE POINTS? IT'S IT'S VERY SMALL. KEEP DENTON DOLLARS IN DENTON.

THANK YOU. >> OKAY. THANK YOU. REPRESENTATIVE FROM DISTRICT

SIX. >> I HAVE A QUESTION FOR WHOMEVER CAN ANSWER IT. WHAT WHAT INFORMATION WE DON'T HAVE IS IS THIS APPLES TO APPLES? I MEAN IS IS THE ISSUE THERE'S DIFFERENT STOCK AT DIFFERENT COMPANIES AND THERE'S SOME THAT'S NOT AVAILABLE AT GROGGY DOG VERSUS THE OTHER COMPANY. OR CAN YOU JUST HIGHLIGHT WHAT WENT INTO THE DECISION. AND I

[00:25:06]

VERY MUCH APPRECIATE IT. >> THANK YOU. SURE. A COUPLE THINGS THAT WE DO WANT TO CLARIFY IS THAT THE REQUEST FOR PROPOSAL PROCESS ONLY EVALUATES WHAT WAS SUBMITTED. SO WHAT'S INCLUDED IN THE PROPOSAL ABOUT HOW THEY'RE GOING TO DELIVER THE ITEM. SO THE STOREFRONT WHY IT'S OF INTEREST TO THE CITY IS THAT IT'S AN ONLINE CATALOG. SO THEY CAN LOOK AT THE ITEMS, SEE THE PRICING CLEARLY THAT MATCHES THE CONTRACT, AND THEN IT'S SHIPPED WITH NO COST AS THE PROPOSAL THAT'S BEING ACCEPTED TO THE CITY. WE DO ASK FOR THESE ARE THE NUMBER OF ITEMS THAT WE WOULD LIKE TO AWARD. AND THE VENDORS COME IN AND INDICATE HOW MANY OF THOSE ITEMS THEY CAN PREPARE. AND SO IN THE BACKUP, THEY WERE ALL THEY WERE PRETTY CLOSE. I THINK THEY HAD COULD PROVIDE 93 OUT OF 100 ITEMS THAT WERE REQUESTED. GROGGY DOG COULD.

BUT THE OTHER CLARIFICATION I WANT TO SAY GROGGY DOG IS A VENDOR WITH THE CITY. WE DO HAVE A GOOD RELATIONSHIP WITH THEM ON OTHER CONTRACTS, AND THESE PROPOSALS DO INDIVIDUALLY REVIEW INDEPENDENTLY FOR OUR PROCUREMENT PROCESS TO ENSURE THAT WE'RE EVALUATING FAIRLY FOR ALL VENDORS, INDEPENDENT THE PROPOSAL IN FRONT OF US BY INDEPENDENT REVIEWERS. SO THAT IS HOW IT WAS SELECTED. I THINK THE OTHER PIECE IS WE SEND OUT A NOTICE OF INTENT TO ALL EVERYONE WHO PARTICIPATED, ASKING LETTING THEM KNOW WHO WE INTEND TO AWARD TO, GIVING AN OPPORTUNITY FOR ANY VENDOR WHO FEELS LIKE THE PROCESS WAS NOT CONDUCTED FAIRLY TO PROTEST THE

BID, AND THAT HAS NOT HAPPENED. >> YOU HAVE THE FLOOR STILL. IS THAT EVERYTHING OKAY? ANY OTHER QUESTIONS FOR STAFF OR ANY OTHER COMMENTS? SEEING NONE THEN YEAH, I THINK THAT'S ALL TRUE. AND AGAIN, I JUST WOULD POINT TO THE INFORMATION PROVIDED TO US IN THE QUESTION.

AND I DON'T QUESTION THE EVALUATION. I DON'T QUESTION ANY OF THOSE THINGS. I JUST AS A LAYPERSON READING THIS, I DON'T KNOW THAT IT SAYS IT CLEARLY SAYS YOU'RE GOING TO BE WEIGHTED THESE THINGS. AND THEN TO SAY YOU INCLUDED SOMETHING, YOU KNOW, THAT WASN'T SOLICITED OR IT WENT ABOVE AND BEYOND. THAT, TO ME, IS FAIR. I JUST DON'T KNOW THAT IT'S FAIR. THE WHOLE PROCESS IS FAIR, GRANTED. BUT IT'S MORE HOW DO YOU HOW HOW DO HOW DO VENDORS KNOW WHAT THEY'RE SUPPOSED TO INCLUDE? RIGHT. LIKE SO, FOR EXAMPLE, IF THEY SAID, HEY, WE PAY OUR EMPLOYEES X AMOUNT THAT'S NOT ON THE MATRIX, BUT THAT WOULD BE DO WE WEIGH THAT, DO WE NOT?

THAT'S THAT'S WHERE I'M HAVING A HARD TIME. >> WE DO. SO WHILE THE RFP IS OPEN, THERE IS AN OPPORTUNITY FOR ANY VENDORS WHO'S INTERESTED IN BIDDING ON ITNY C.

AND THEN THAT INFORMATION IS SHARED WITH EVERYONE WHO IS SUBMITTING A PROPOSAL FOR FOR THAT PROCESS TO COME THROUGH. SO THERE IS A PERIOD WHERE YOU CAN ASK FOR CLARIFICATION OR ANY OTHER INFORMATION THAT MAY BE IMPORTANT TO YOU PREPARING YOUR PROPOSAL. THE OTHER PIECE I WANTED TO OFFER IS THAT WE DO OFFER DEBRIEFS WITH ANY VENDORS AFTER THE AWARDING PROCESS, WHERE PURCHASING CAN SIT DOWN WITH ANY VENDOR WHO DIDN'T RECEIVE THE BID, GO THROUGH AND INFORMATION ON HOW IT WAS EVALUATED. WHAT COMMENTS WERE PROVIDED CAN HELP THE VENDOR

FOR FUTURE PROPOSALS. >> GOT IT. OKAY, MAYOR PRO TEM. >> THANK YOU, MAYOR CHRISTINE.

IF IF WE WERE TO BUMP THIS BACK TO SORT OF RESTART THE PROCESS, ABOUT HOW LONG WOULD THAT

PROCESS TAKE? >> RFP PROCESSES TAKE AN AVERAGE OF 90 TO 120 DAYS. LORI

SAYS A LITTLE MORE. >> SOMETHING LIKE THAT. OKAY. THANK YOU.

>> REPRESENTATIVE FROM DISTRICT TWO. >> THANK YOU. I HAD A SIMILAR

QUESTION. HOW HOW URGENT IS OUR NEED FOR THESE PRODUCTS? >> CURRENTLY WE DO HAVE A CONTRACT WITH INCENTIVE BRANDS FOR THIS ITEM. THEY'VE HELD IT FOR THE LAST FIVE YEARS. WE COULD EXTEND WE WOULD HAVE TO EXTEND THEIR CONTRACT. WE AS WE HIRE NEW EMPLOYEES THAT NEED UNIFORMS, WE HAVE TO HAVE A CONTRACT IN PLACE. SO WE WOULD BRING TO COUNCIL IN JANUARY AN EXTENSION OF THEIR CONTRACT TO KEEP THEM IN PLACE WHILE WE GO BACK OUT.

>> OKAY. >> AND IT TAKES ABOUT SIX MONTHS OR SO TO DO A REQUEST

FOR PROPOSAL FROM START TO FINISH. >> OKAY. MR. MAYOR, WOULD YOU MIND STATING WHAT YOU'RE GOING TO REQUEST AGAIN, JUST SO I'M CLEAR ON IT, IF YOU WOULDN'T

MIND? >> YEAH, I WOULD THINK AND MY ONLY OPTION IS TO REJECT ALL BIDS WHICH WE'VE SEEN BEFORE AND SEND IT BACK OUT. THAT'S I YOU CAN'T CIRCUMVENT IT AND SELECT A PERSON FROM THE DAIS. SO IT'S MORE JUST GOING BACK OUT AND COMING BACK WITH, WITH

PROPOSAL. AND. YEAH. SO I JUST WANT TO ANSWER THE QUESTION. >> NO, NO I APPRECIATE THAT.

THAT'S WHAT I NEEDED. THANK YOU, MR. MAYOR. >> YES, SIR.

>> WE GOT YEAH. NO GO RIGHT AHEAD. BECAUSE IT MAY BE MAY ADD CONTEXT.

>> I WANT TO BE I WANT TO BE CLEAR. THE COUNCIL CAN CERTAINLY DO WHAT THEY WANT TO

[00:30:01]

DO. BUT I DO WANT TO SAY THIS OUR STAFF HAVE HAVE IMPROVED THEIR PROCUREMENT PROCESSES BECAUSE OF ISSUES BEFORE. AND THEY DO A VERY FAIR, NON-BIASED APPROACH WITH DIFFERENT STAFF RATING THEM SEPARATELY. THE THINGS THAT ARE KEY HERE ARE THAT THERE WAS NO PROTEST FILED.

THERE WAS NO CONTACT TO THE DEPARTMENT TO ASK FOR CLARIFICATION. WE HAVE A COMPANY THAT WE WORK WITH ON A REGULAR BASIS FOR UNIFORMS AND EVERYTHING ELSE, BUT YOU'D THINK THEY'D COME TO US IF THEY HAD A PROBLEM, BUT THEY DIDN'T, AND THEY DIDN'T FILE A COMPLAINT OR A PROTEST. OUR STAFF DID A VERY FAIR PROCESS AND THEY MAILED THE PRODUCT TO US. THERE WERE SOME ADDITIONAL THINGS THAT WERE MORE PROMINENT IN THIS BID TOWARDS MUSTANG APPAREL, BUT THAT DOESN'T REALLY MATTER. I THINK THE ISSUE IS WE CAN CERTAINLY GO BACK OUT AND THAT'S NOT A PROBLEM. BUT MY CONCERN IS WHEN WE DO A BID PROCESS THAT IS FAIR AND WE DO CONSIDER LOCAL, WE ALWAYS WANT TO GO LOCAL, BUT WE CAN'T CHANGE OR ARBITRARILY TRY TO LEAN IT TOWARDS ANOTHER, AN ENTITY THAT IS LOCAL. JUST BECAUSE WE WANT TO GO LOCAL, WE CAN'T. WE HAVE TO DO A FAIR PROCESS. IT'S UP TO YOU IF YOU WANT TO DO THAT. BUT I WANT TO BE CLEAR, THE STAFF DID A VERY FAIR PROCESS. IT WAS CONSISTENT. IT WAS DONE SEPARATELY BY STAFF, AND IT WAS THE PRODUCT WAS WHAT YOU SEE. IF THE COUNCIL WANTS US TO GO BACK, WE WILL DO THAT.

BUT YOU MAY NOT GET A DIFFERENT PRODUCT. YOU MAY NOT GET A DIFFERENT SITUATION BECAUSE IT IS IT IS EACH STAFF MEMBER THAT IS SELECTED DOES IT SEPARATELY. IT'S NOT TOGETHER IN A ROOM WHERE THEY'RE TALKING ABOUT IT. SO I WE'LL TAKE WHATEVER YOU ALL WANT TO GIVE US. THAT'S NOT THE PROBLEM. BUT I WANT TO BE CLEAR, IT WAS A VERY FAIR PROCESS, LIKE IT ALWAYS IS, AND IT DOESN'T ALWAYS COME OUT THE WAY WE WANT IT TO GO. SO YOU KNOW THAT. BUT WE HAVE TO BE FAIR AND WE HAVE TO BE TRANSPARENT ABOUT HOW THE VOTES ARE, HOW THE TABULATION WAS WITH THE DIFFERENT STAFF THAT EVALUATED IT, AND IT IS WHAT IT IS. I DON'T KNOW WHAT ELSE TO SAY, BY THE WAY. IT'S UP TO 3,000,500. IT IS NOT AN AWARD FOR 3,000,500. IT'S UP TO.

>> OKAY. ANYONE ELSE REPRESENTATIVE FROM DISTRICT FIVE.

>> CAN YOU VERY BRIEFLY EXPLAIN TO ME THE PROTEST PROCESS. >> THE PROTEST PROCESSES? THEY WOULD EMAIL US. SO WE ISSUE A NOTICE OF INTENT ON THE ELECTRONIC BIDDING SYSTEM WHERE EVERYONE BIDS. SO WE'LL SEND OUT A MESSAGE TO THEM ALLOWING LETTING THEM KNOW THE AWARD WE SENT. WE SEND THEM PRETTY MUCH WHAT YOUR EVALUATION TAB IS IN YOUR AGENDA PACKET. SO THAT GETS SENT TO EVERYONE THAT SUBMITTED A BID. WITHIN THAT, THERE IS A LINK TO OUR PROTESTS WITHIN OUR SOLICITATION PROCESS, WHICH IS OUTLINED IN OUR MANUAL THAT IS ALSO ON OUR WEBSITE.

ULTIMATELY, WE JUST NEED TO RECEIVE AN EMAIL WITHIN FIVE DAYS OF THAT NOTICE OF INTENT

TO AWARD. OKAY. >> THANK YOU VERY MUCH. >> REPRESENTATIVE FROM DISTRICT

SIX. >> I DON'T MEAN TO BEAT A DEAD HORSE HERE, BUT I HAVE TWO REMAINING QUESTIONS. I'M SO SORRY. FIRST, I WANTED TO ASK THE CITY ATTORNEY BECAUSE THIS IS SOMETHING I DON'T KNOW. FOLLOWING THE PROCESS, CHOOSING SOMEONE THAT DID NOT SCORE WITH WHAT WAS PUT OUT. I MEAN, DOES THIS LEAVE US ANY LEGAL VULNERABILITY VULNERABILITIES?

>> JUST TO CLARIFY THE VULNERABILITY BEING REJECTING TODAY, GOING BACK OUT AND SELECTING POTENTIALLY A NEW PERSON AFTER THE NEXT ROUND OF PROPOSALS GOES OUT, IS THAT THE

VULNERABILITY YOU'RE ADDRESSING. >> WITHOUT CHANGING THE PARAMETERS OR THE CRITERIA?

>> I MEAN, IT'S A LEGAL OPINION THAT USUALLY WE DON'T GIVE IT AN OPEN SESSION. IF YOU WANTED THAT. I CAN CERTAINLY ADDRESS THAT THROUGH A LEGAL STATUS REPORT. BUT TYPICALLY OUR PROCESS AND WE'VE PUT A VERY ROBUST PROCESS IN PLACE FOR OUR PROPOSALS. SO I WOULD BE COMFORTABLE SAYING THAT IF WE WENT OUT AGAIN, WE WOULD PUT PROVISIONS IN PLACE TO MAKE SURE THAT IT'S COMPLIANT WITH THE LAW AND THAT WHATEVER WE BROUGHT BACK TO YOU AGAIN IN THE FUTURE WOULD BE A VIABLE CONTRACT FOR THE COUNCIL TO APPROVE.

>> WITHOUT ANY REQUIREMENT OF CHANGING THE CRITERIA IN ORDER TO MAKE IT OKAY. LAST QUESTION IS, ISN'T AN OPTION TO AS OPPOSED TO GRANTING THIS FOR A YEAR WITH THE OPTIONS FOR EXTENSIONS TO VOTE TO MAKE THIS ONE YEAR SO THAT WE CAN HAVE TIME TO HAVE A LOOK AT WHAT OUR CRITERIA IS FOR NEXT YEAR WITHOUT SCUTTLING ALL OF THE STAFF TIME THAT HAS BEEN SPENT

ON THE CURRENT PROCESS. I DON'T KNOW. >> NORMALLY WE HAVE TO STICK TO THE TERM THAT WE SOLICITED. THAT'S HOW THEY GAVE US THEIR PRICING.

>> OKAY. >> SO YEAH. >> THANK YOU. THANK YOU VERY

MUCH. >> OKAY. SO WE HAVE A MOTION TO REJECT ALL BIDS AND SEND IT

[00:35:05]

BACK OUT. REPRESENTATIVE FROM DISTRICT FOUR. >> MAYOR, I SECOND YOUR MOTION.

>> OKAY. SO WE HAVE A MOTION AND A SECOND. ANY OTHER DISCUSSION? YES.

LET ME KNOW WHEN YOU'RE READY. I'M SORRY. >> CAN YOU DO CAN YOU STAY WITH

ME? >> YEAH. >> AND THEN. OKAY. JUST.

>> OKAY. YEP. THROW IT ON THE SCREEN. AND THAT THAT PASSES 4 TO 3. THAT TAKES US TO OUR

[A. Hold a public hearing and consider adoption of an ordinance of the City of Denton designating the property located at 3316 Roselawn Drive, being part of Abstract Number 521, Tract 15 and 16 of the Asa Hickman Survey, a Historic Landmark under Section 2.9.4 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Historic Landmark Commission voted [4-0] to recommend approval of the request. Motion for approval by Commissioner Sherman and second by Commissioner Black. The Planning and Zoning Commission voted [7-0] to recommend approval of the request. Motion for approval by Commissioner McDuff and second by Commissioner Garland. (HL25-0002b, Historic Landmark Designation of 3316 Roselawn Drive, Cameron Robertson)]

FIRST. PUBLIC HEARING. 7AHL250002B, HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF ORDINANCE OF THE CITY OF DENTON DESIGN, DESIGNATING THE PROPERTY LOCATED AT 3316 ROSELAWN DRIVE, BEING PART OF AN ABSTRACT NUMBER 521 TRACK 15 AND 16 OF HICKMAN SURVEY, A HISTORIC LANDMARK UNDER SECTION 2.9.4, THE DENTON DEVELOPMENT CODE.

>> GOOD EVENING, MAYOR AND COUNCIL MEMBERS CAMERON ROBERTSON, HISTORIC PRESERVATION OFFICER. AS STATED, THIS IS FOR A REQUEST FOR HISTORIC LANDMARK DESIGNATION AT 30 316 ROSELAWN DRIVE. STAFF ANALYSIS LOOKED AT CONSISTENCY WITH THE 2019 HISTORIC PRESERVATION PLAN, AS WELL AS THE DENTON 2040 COMPREHENSIVE PLAN. AND LASTLY, LOOKING AT DDC SECTION 2.9.4 B, CRITERIA THREE, FIVE, NINE AND 11. SO LOOKING AT CRITERIA THREE AND NINE, THE PROPERTY DOES HAVE A UNIQUE BLEND OF ARCHITECTURAL STYLES, STARTING WITH THE LATE VICTORIAN VERNACULAR, WHICH IS REALLY POPULAR STARTING IN THE 1840S, AND THEN SOME DESIGN ROOTED IN THAT MID-CENTURY INFLUENCES. ADDITIONALLY, IT WAS A THREE PHASE CONSTRUCTION WITH ALSO, LIKE I STATED, VICTORIAN INFLUENCES, AND YOU CAN KIND OF SEE THAT ITALIANATE EXAMPLE IN THAT GREEK REVIVAL EXAMPLE AT THE BOTTOM THERE, AND THEN YOU GET THREE THREE, ONE SIX ROSELAWN DRIVE. AND THEN LOOKING AT APPROVAL CRITERIA FIVE, WE HAVE THAT PRE 1880 CONSTRUCTION ON THE LOWER LEFT HAND CORNER OF YOUR SCREEN WITH THAT SIDE GABLE HALL AND PARLOR TYPE TYPE RESIDENCE. THEN WE HAVE A VERNACULAR ADDITION TO THE FRONT WHICH IS THAT SOUTH FACING FACADE BETWEEN 1880 AND 1910. AND THEN LASTLY THE TWO STORY GREEK AND ITALIANATE INFLUENCE ADDITION TO THE FRONT, WHICH IS CIRCA 1910. AND ONE OF THE REALLY NEAT THINGS AS WELL, IS THAT IT DOES HAVE A STUMP FOUNDATION IN PORTIONS OF THE PROPERTY AS WELL, UNDERNEATH THE HOME. LASTLY, THE APPROVAL CRITERIA 11 DOCTOR HAROLD BERENHOLTZ. HE WAS THE OWNER OF THE PROPERTY. HE WAS A PROFESSOR OF EDUCATION AT UNIVERSITY OF NORTH TEXAS, OR WHICH WAS KNOWN AS NORTH TEXAS STATE UNIVERSITY AT THE TIME. HE HELPED LAUNCH THE SCHOOL'S EDUCATION DOCTORAL PROGRAM. HE HELPED. HE WAS ONE OF THE ORIGINAL ORGANIZERS OF THE DENTON LIONS CLUB, AS WELL AS SERVED AS A SCOUTMASTER IN DENTON. THERE WAS PUBLIC OUTREACH DONE IN NOVEMBER AND OCTOBER. THERE WERE 200 WITHIN THE 200FT. THERE WAS 26 MAILED NOTICES AND THEN COURTESY NOTICES WAS 79. WE DID RECEIVE ONE RESPONSE IN FAVOR. HISTORIC LANDMARK COMMISSION DID RECOMMEND APPROVAL FOR ZERO. PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL SEVEN ZERO, AND STAFF IS RECOMMENDING APPROVAL THIS EVENING FOR THE

HISTORIC LANDMARK DESIGNATION. I CAN STAND FOR ANY QUESTIONS. >> THANK YOU VERY MUCH. MAYOR

PRO TEM. >> I'D LIKE TO MOTION TO APPROVE.

[00:40:03]

>> REPRESENTATIVE FROM DISTRICT TWO SECOND. OKAY. AND THIS IS A PUBLIC HEARING. SO I'LL OPEN THE FLOOR FOR ANYONE WHO WANTS TO SPEAK PUBLICLY. YOU HAVE AN OPPORTUNITY TO DO THAT. SEEING NO SUDDEN MOVEMENTS, I'LL CLOSE THE PUBLIC HEARING AND WE HAVE A MOTION IN A SECOND. ANY OTHER DISCUSSION? SEEING NONE. LET'S VOTE ON THE SCREEN. AND THAT PASSES 7 TO 0. TAKES US TO ITEM

[B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a request for a Specific Use Permit to allow for a Group Home use on approximately 0.4 acres of land, generally located on the southwest corner of the intersection of Sandpiper Drive and Abbots Lane, in the City of Denton, Denton County, Texas; adopting an amendment to the City’s Official Zoning Map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission voted (6-0) to recommend approval. Motion for approval by Commissioner Garland and second by Commissioner McDade. (S25-0010a, Joyful Journey Group Home, Ashley Ekstedt)]

BS25001A, HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING THE REQUEST FOR SPECIFIC USE. PERMIT TO ALLOW FOR A GROUP HOME USE ON APPROXIMATELY 0.4 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF SANDPIPER DRIVE AND ABBOTTS LANE IN THE CITY OF DENTON. AND I'LL OPEN THE PUBLIC HEARING.

>> GOOD EVENING. MAYOR. MEMBERS OF COUNCIL ASHLEY ECKSTEIN, ASSOCIATE PLANNER. THIS IS S 2510 JOYFUL JOURNEY GROUP HOME. THIS IS A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW GROUP HOME USE ON APPROXIMATELY FOUR ACRES OF LAND LOCATED AT THE INTERSECTION OF SANDPIPER DRIVE AND ABBOTTS LANE. THE EXISTING ZONING IS R-3. IN THE FUTURE, LAND USE IS LOW RESIDENTIAL. THIS BUSINESS WILL OPERATE AS AN ASSISTED LIVING FACILITY, SERVING UP TO SIX RESIDENTS AGED 55. PLUS, THERE WILL BE STAFF ON SITE 24 OVER SEVEN TO PROVIDE CARE, INCLUDING ASSISTANCE WITH MEALS AND DAILY LIVING ACTIVITIES IN A HOME LIKE SETTING. RESIDENTS WILL NOT DRIVE, SO VEHICULAR TRAFFIC WILL CONSIST OF STAFF AND VISITORS, AND IT WILL BE SIMILAR TO THE SURROUNDING SINGLE FAMILY TRAFFIC ACTIVITY. IT DOES MEET THE CRITERIA FOR APPROVAL. IT'S CONSISTENT WITH THE 2040 COMPREHENSIVE PLAN AND THE FUTURE LAND USE MAP. IT'S ALSO COMPATIBLE WITH THE SURROUNDING AREA. IT'S NOT EXPECTED TO GENERATE ADVERSE IMPACTS, AND UTILITIES AND INFRASTRUCTURE ARE ALREADY IN PLACE TO SERVE THE PROPERTY. AS STATED IT IS. IT IS CONSISTENT WITH THE LOW RESIDENTIAL FUTURE LAND USE, WHICH IS PREDOMINANTLY SINGLE FAMILY NEIGHBORHOODS AND DWELLINGS THAT ARE GENERALLY 1 TO 2 STORIES. THERE WILL BE NO EXTERIOR ALTERATIONS TO THE STRUCTURE. IT'S ALSO CONSISTENT WITH OTHER GOALS OF THE COMPREHENSIVE PLAN, SUCH AS DEVELOPING A HOUSING STOCK THAT MEETS THE NEEDS OF ALL RESIDENTS AND ENCOURAGING THE DEVELOPMENT OF OPTIONS FOR SENIOR HOUSING. WITH THE VARIETY OF UNIT TYPES AND COST CHOICES. AS WE'RE POSTED IN THE NEWSPAPER ON THE WEBSITE AND SIGNS WERE POSTED ON THE PROPERTY, WE MAILED OUT NOTICES TO EVERYONE WITHIN 500FT. WE DID RECEIVE TWO RESPONSES IN FAVOR SHOWN HERE ON THE SCREEN IN GREEN, TOTALING APPROXIMATELY 11% OF THE LAND AREA WITHIN 200FT, AND THE APPLICANT ALSO HELD TWO NEIGHBORHOOD MEETINGS. THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL SIX ZERO, AND STAFF ALSO RECOMMENDS APPROVAL WITH THE FOLLOWING CONDITIONS THAT WERE IN YOUR BACKUP, AND I'M HAPPY TO ANSWER ANY QUESTIONS.

>> THANK YOU. QUESTIONS FOR STAFF REPRESENTATIVE FROM DISTRICT SIX. AND I DO HAVE ONE

CARD, BUT REPRESENTATIVE DISTRICT SIX. >> THANK YOU. HI COUNCILPERSON JESTER, I'VE GOT JUST A COUPLE OF QUESTIONS. FIRST, AND FORGIVE ME, THERE WAS SOME QUESTIONS IN THE BACKUP THAT WAS THAT WERE ANSWERED, BUT I'M STILL UNCLEAR AS TO COULD THE APPLICANT CHANGE THE PURPOSE OF THIS GROUP HOME WITHOUT COMING BEFORE PNC AND COUNCIL FOR A DIFFERENT TYPE OF GROUP HOME? NOT SPECIFICALLY FOR THE ELDERLY, BUT FOR OTHER TYPES OF

GROUP HOMES? >> THEY COULD NOT. SO IT WOULD BE THE JOYFUL JOURNEY ASSISTED LIVING WOULD BE. THAT'S THE OPERATOR THAT IS APPLYING FOR THIS. SO IT WOULD BE THIS USE

ONLY WITHOUT COMING FOR A NEW SUV. >> SO FOR ELDERLY SPECIFIC.

OKAY. SECOND QUESTION IS ON THE ON THE MAP THAT WAS GIVEN TO US, IT WELL SORRY, THE PLANS FOR THE HOME. IT SHOWED FIVE BEDROOMS PLUS A STAFF ROOM. OTHER ONLINE RESOURCES INDICATE THREE BEDROOMS. SO. HAS THIS BEEN RENOVATED OR IS THERE ANY WAY TO CONFIRM THAT THIS HAS FIVE BEDROOMS AND A STAFF ROOM VERSUS THE THREE BEDROOMS LISTED ON LIKE REALTOR.COM,

ZILLOW, ETC. WHEN I LOOKED THAT. >> UP, THERE WAS SOME WORK DONE PREVIOUSLY BY THE PREVIOUS OWNERS. THEY WILL BE APPLYING FOR ADDITIONAL PERMITS FOR ANY OF THE WORK THAT WAS DONE ON

THIS STRUCTURE. AFTER THIS, IF THIS IS APPROVED. >> OKAY, SO THAT'S NOT WHAT IT LOOKS LIKE TODAY. THAT'S WHAT IT'S GOING TO LOOK LIKE IF APPROVED.

>> I BELIEVE THAT IT DOES LOOK LIKE THIS TODAY AND THE WORK HAS BEEN COMPLETED.

>> OKAY. AND IS THERE ANY INSPECTION THAT'S DONE BEFORE? >> YES, ONCE. IF THIS IS APPROVED, WE WILL GO OUT THERE AND INSPECT. ALL THE WALLS WILL NEED TO BE FIRE RATED BETWEEN EACH BEDROOM AND THE REST OF THE HOUSE. SO WE WILL GO INSPECT TO MAKE SURE THAT IS DONE. AND THEY'LL NEED AT LEAST ONE ACCESSIBLE RESTROOM WITHIN THE HOUSE.

>> WONDERFUL. THANK YOU SO MUCH. I REALLY APPRECIATE YOU. >> OKAY, REPRESENTATIVE

DISTRICT FOUR. >> THANK YOU. DID DID I UNDERSTAND THAT IT THAT IT HAS

[00:45:05]

BEEN CHANGED TO A FIVE BEDROOM AS WE SPEAK. >> IT IS SIX BEDROOMS.

>> IT IS SIX BEDROOMS. OKAY. AND THAT THE OWNER WILL APPLY FOR A PERMIT.

>> YES. THEY'VE ACTUALLY ALREADY APPLIED FOR THE CEO WHICH IS HOW WE'RE DISCUSSING THIS TODAY. SO WE GAVE THEM THE COMMENTS FOR THE BUILDING CODE REQUIREMENTS. THEY HAVE THOSE.

AND IF THIS IS APPROVED THEY WILL NEED TO SATISFY ALL THE BUILDING CODE REQUIREMENTS AS

WELL. >> OKAY. SO SO THEY ARE TIMELY IN IN THEIR APPLICATIONS. YES.

THERE HASN'T BEEN WORK DONE THAT THAT THAT REQUIRED A PERMIT THAT HAS NOT BEEN

PERMITTED. >> I BELIEVE THAT THE APPLICANT IS ALSO HERE TO ANSWER QUESTIONS, BUT IT'S MY UNDERSTANDING THAT THIS WORK WAS DONE BEFORE THEY PURCHASED

THE HOME. >> OKAY, WHO WHO WHO DID THE WHO DID THE MODIFICATIONS?

>> I AM NOT SURE. WE DO NOT HAVE THE PERMITS FOR IT. >> WAS THE WORK PERMITTED?

>> NOT THAT WE HAVE BEEN ABLE TO TELL. FOR IN OUR SYSTEM WE DO NOT SEE THE PERMITS FOR.

>> OKAY, SO AM I HEARING THEN THAT THE WORK WAS DONE WITHOUT A PERMIT? YES I SEE, ARE YOU

ABLE TO TO TO TELL US THE ADDRESS? >> 800 ABBOTTS.

>> OKAY. IS THAT ON THE CORNER? ABBOTTS AND SANDPIPER? >> YES IT IS OKAY.

>> THANK YOU. >> OKAY, MAYOR PRO TEM. >> JUST REAL QUICK. I WAS LOOKING THIS UP THE OTHER DAY FOR A DIFFERENT NEIGHBORHOOD. THERE ARE CERTAIN TYPES OF HOMES THAT WE ARE BASICALLY REQUIRED TO APPROVE BY STATE LAW. IS THIS ONE OF THOSE OR IS

THAT COMMUNITY HOMES? >> THAT IS A COMMUNITY HOME OKAY.

>> AND THIS IS A GROUP HOME NOT A COMMUNITY HOME OKAY. THANK YOU.

>> OKAY. BEFORE WE BRING THE APPLICANT UP, I DO HAVE A QUESTION. WAS THERE ANOTHER APPLICATION FOR THIS WAS ANOTHER USE SUBMITTED AND THEN DENIED.

>> SO WHEN WHEN APPLICANTS SUBMIT THE CO GENERALLY IT COMES IN AS ASSISTED LIVING SINCE THAT IS WHAT THEY'RE LICENSED AS. AND GENERALLY IT'S A COMMUNITY HOME. BUT THIS USE IS DIFFERENT THAN A COMMUNITY HOME. THESE RESIDENTS ARE NOT REQUIRED TO BE DISABLED, AND THE CP IS LIMITING THE NUMBER OF RESIDENTS TO SIX. A GROUP HOME COULD HAVE MORE RESIDENTS THAN SIX, BUT THIS IS LIMITING IT TO SIX. SO IT WAS SUBMITTED AS AN ASSISTED LIVING CO, WHICH IS GENERALLY FOR COMMUNITY HOMES. BUT THERE'S A COMMUNITY HOME TO THE SOUTH ALREADY.

>> EXACTLY. YEAH. SO SO THE USE COMMUNITY HOME IS NOT ALLOWED BECAUSE OF THEY OWN THE

PROPERTY TO THE SOUTH AND IT'S A GROUP HOME. >> CORRECT. AND THIS, THIS GROUP HOME ALSO IS NOT THE RESIDENTS DO NOT HAVE TO BE DISABLED. SO IT WOULDN'T

QUALIFY AS A COMMUNITY HOME EITHER WAY. >> RIGHT. OKAY. GOT IT. YEAH OKAY. GOT IT. OKAY. SO THE. MARCEL HOFFMAN. YEAH. IF YOU CAN COME DOWN AND GIVE YOUR

NAME, YOU'LL HAVE FOUR MINUTES. >> GOOD EVENING, MAYOR AND CITY COUNCIL. MY NAME IS MARCEL HOFFMAN, AND I AM THE OWNER OF A JOYFUL JOURNEY ASSISTED LIVING. SO I WANTED TO MAKE SURE I WAS AVAILABLE THIS EVENING TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE ABOUT WHAT

WE'RE TRYING TO DO AT THE 800 ABBOTT LOCATION. >> OKAY, TO PICK UP ON. YEAH.

REPRESENTATIVE. REPRESENTATIVE. DISTRICT FOUR. >> THANK YOU. OKAY. WELL, I'M JUST COMPLETELY CONFUSED. OKAY. AS I, AS I GOOGLE THE PROPERTY, IT SAYS THREE BEDROOM, TWO BATH.

I UNDERSTOOD IT WAS FIVE BEDROOM. THEN I WAS CORRECTED TO SAY THAT IT'S SIX BEDROOM.

SO DOES ANYBODY KNOW HOW MANY BEDROOMS ARE IN THIS PROPERTY? >> WHEN WE PURCHASED THE HOME, IT HAD BEEN PREVIOUSLY RENOVATED. IT HAS SIX BEDROOMS AND TWO FULL BATHROOMS.

>> TWO TWO BATHROOMS. THOSE HAVEN'T BEEN MODIFIED. THERE HAVEN'T BEEN. THERE'S NOT

THERE'S NOT THREE. THERE'S TWO. >> THERE'S TWO. >> OKAY.

>> WELL I'M SORRY, TWO AND A HALF BATHS. THERE'S A THERE IS A JUST A TOILET ROOM BASICALLY.

YEAH. >> THANK YOU. AND AND THAT WORK WAS DONE BEFORE YOU CAME ON

BOARD. CORRECT. OKAY. >> WE PURCHASED IT THAT WAY. >> OKAY. AND DO YOU KNOW IF THE

WORK WAS PERMITTED? >> I DO NOT KNOW THAT. >> OKAY. THAT THAT SEEMS LIKE A

LOT OF BEDROOMS PER BATHROOM. >> YOU MEAN THE RATIO? >> YEAH. SIX, SIX, SIX BEDROOMS,

[00:50:05]

WHICH I GUESS MEANS SIX PEOPLE. >> CORRECT. >> AND AT LEAST SIX PEOPLE.

>> SO I WILL TELL YOU, I HAVE I DO OPERATE THE HOME RIGHT NEXT DOOR. IT IS A FULL ASSISTED LIVING HOME WITH SIX RESIDENTS AND ONLY TWO BATHROOMS, AND IT FUNCTIONS JUST FINE.

>> OKAY. IS YOURS A FOR PROFIT BUSINESS? >> YES.

>> OKAY. THANK YOU MAYOR. >> YES. >> OKAY. ANY OTHER QUESTIONS FOR THE OWNER? I DO WANT TO. I DO WANT TO EXPLORE THAT A BIT. AND BECAUSE THIS IS THE FIRST TIME HEARING IT. SO. AND YOU'VE ALREADY SAID IT. SO JUST LET ME. I'LL REPEAT WHAT I HEARD YOU SAY WHEN YOU GO TO PURCHASE THE HOUSE. IT'S ALREADY MODIFIED. AND SO MY QUESTION THEN IS DURING THE DUE DILIGENCE AND ALL THOSE THINGS, NO ONE AS FAR AS FROM THE REAL ESTATE TRANSACTION, IDENTIFIED THAT THESE CHANGES WERE MADE BECAUSE THE SAME THING WE SEE ONLINE A REALTOR WOULD HAVE SEEN. SO WHEN DID IT WHEN DID YOU KNOW THAT THIS WORK HAS BEEN DONE?

>> WHEN WE WHEN WE WHEN THE HOUSE WENT UP FOR SALE AND WE LOOKED AT THAT HOME, THAT'S THE

WAY IT PRESENTED ITSELF, RIGHT? >> NO, I'M WITH YOU THERE. BUT IN PURCHASING THERE WAS NO LIKE, HEY, THIS IS CONCERNING. IT DOESN'T ALIGN WITH WHAT IT'S SAID TO BE ON ONLINE. YEAH.

>> IT NEVER WENT TO THAT BECAUSE I OPERATE THE BUILDING NEXT DOOR, THAT HOME WHEN WHEN IT I GOT IT BEFORE I KNEW IT WAS GOING TO BE GOING UP FOR SALE. SO I JUMPED ON IT BEFORE

IT ACTUALLY WENT PUBLIC. >> OKAY, I GOT IT. OKAY. >> GOT IT. THAT'S ALL THE QUESTIONS. I HAVE SOME COMMENTS, BUT THAT'S ALL THE QUESTIONS. IS THIS FOR THE FOR THE OWNER

OR JUST JUST A GENERAL QUESTION? >> PROBABLY STAFF. >> OKAY. THANK YOU VERY MUCH I APPRECIATE IT. SURE. YES. AND THEN IF ANOTHER QUESTION COMES UP, PLEASE FEEL FREE AND YOU KNOW, TO ANSWER POP UP. NO PROBLEM. REPRESENTATIVE DISTRICT FIVE.

>> THANK YOU MAYOR. AND THANK YOU, MA'AM. I THINK THIS QUESTION IS FOR STAFF.

>> OKAY. YEAH. >> AS JUST STATED, THE OWNER SAID SHE OWNS THE PROPERTY NEXT DOOR AND OPERATES THE SAME WAY. WAS AN SUV REQUIRED FOR THAT PROPERTY?

>> IT WAS NOT. SO THAT IS A COMMUNITY HOME AND WE'RE REQUIRED BY STATE LAW TO ALLOW

COMMUNITY HOMES SO THAT ONE IS PERMITTED BY RIGHT. >> BUT NOT THIS ONE.

>> CORRECT. >> OKAY. THANK YOU. >> OKAY. ANY OTHER QUESTIONS?

THIS REPRESENTATIVE DISTRICT FOUR. >> PRACTICALLY SPEAKING, TELL

ME THE DIFFERENCE BETWEEN A COMMUNITY HOME AND A GROUP HOME. >> SO A COMMUNITY HOME IS UP TO SIX DISABLED RESIDENTS. A GROUP HOME CAN BE MANY MORE THAN THAT. THIS ONE IN PARTICULAR, THE SP, KEEPS IT TO SIX, BUT IT CAN BE MANY MORE THAN THAT. AND RESIDENTS DO NOT HAVE TO BE

DISABLED. >> AND THAT'S THE DISTINCTION. >> THAT'S THE LARGEST

DISTINCTION. >> YES OKAY, OKAY. >> THANK YOU.

>> OKAY. >> THIS IS A PUBLIC HEARING. ANYONE CAN SPEAK IF THEY'D LIKE ANY OTHER SPEAKERS. SEEING NONE, I'LL CLOSE THE PUBLIC HEARING REPRESENTATIVE FROM DISTRICT

TWO. >> THANK YOU. I APPRECIATE THAT THAT WE WERE TRYING TO HAVE RULES AND GUIDELINES TO ALLOW OUR COMMUNITY MEMBERS TO AGE IN PLACE, TO BE INTEGRATED THROUGHOUT THE COMMUNITY, TO STAY IN NEIGHBORHOODS THAT THEY'RE COMFORTABLE WITH AND FAMILIAR WITH. I UNDERSTAND THAT THERE'S A WIDE VARIETY OF HOUSING TYPES THROUGHOUT OUR COMMUNITY, AND I APPLAUD THAT WE HAVE OPTIONS THAT WE'RE TRYING TO CREATE. SO I'LL MOVE

APPROVAL WITH STAFF RECOMMENDATIONS. >> REPRESENTATIVE FROM DISTRICT

ONE. >> I'LL SECOND. >> WE HAVE A MOTION AND A SECOND, ANY OTHER DISCUSSION? REPRESENTATIVE FROM DISTRICT FIVE.

>> I'LL JUST SAY AS. THIS ONE FOR ME WAS A BIT ON THE LINE AS A PERSONAL VALUE OF MINE. I RARELY VOTE AGAINST HOUSING BECAUSE I THINK PEOPLE WE NEED MORE HOUSING IN THE COMMUNITY TO DRIVE DOWN THE PRICE FOR EVERYBODY SO WE CAN ALL STAY IN THIS CITY. I THINK ULTIMATELY WHAT'S GOING TO GET ME THERE IS PROBABLY THE PRESENCE OF THE HALF BATH. SO. I'LL BE

SUPPORTING THIS PROJECT. >> OKAY. >> ANYONE ELSE? SEEING? NONE.

I'LL JUST SAY THIS. I COULD NOT GET IT IN PLACE FOR THIS, THIS VOTE. BUT HERE'S HERE'S MY CONCERN FOR THOSE TRACKING ALONG. IF YOU LOOK AT THAT HOUSE ON THE CORNER, IT APPRAISES FOR. IF I LOOK AT THE NUMBERS. TOTAL MARKET VALUE 474,000 475,000. ROUND UP. AND

[00:55:11]

IT SAYS THAT THE PREVIOUS OWNER IS DECEASED. MAY THEY REST IN PEACE. THIS THE HOUSE NEXT DOOR THAT THEY OWN AS WELL. MARKET VALUE $445,000. THE HOUSE NEXT TO THAT, WHICH I'M ASSUMING IS A SINGLE FAMILY HOME, APPRAISES FOR $285,000. WHY THAT MATTERS? BECAUSE WHEN WE HAVE WHEN THE APPRAISAL DISTRICT USES COMPS, THIS PUTS PRESSURE ON SINGLE FAMILY HOMES THAT ARE COMPETING TO BUY THOSE HOMES. SO WHEN YOU PAY $100,000 MORE BECAUSE IT'S A BUSINESS AND IT'S WORTH IT, GOOD AND RIGHT AND PEOPLE AGING IN PLACE, ALL GOOD AND RIGHT THINGS TO DO. ALL BUT THE COLLATERAL DAMAGE IS WHEN THE APPRAISAL DISTRICT LOOKS AT IT. THEY SEE WHAT JUDGE HOLLAND SAW, AND THEY SAY THAT'S A COMP TO THESE OTHERS IN THE NEIGHBORHOOD. ERGO, YOUR VALUATIONS GOING UP. YOUR TAXES ARE GOING UP IN THAT AREA BECAUSE THEY USE IT AS A COMP.

THEY DON'T GO INSIDE THE HOUSE, THEY DON'T KNOW IT HAS SIX BEDROOMS. AND SO THAT TO ME IS THE PROBLEM. THESE BUSINESSES AND NEIGHBORHOODS PUT PRESSURE ON SINGLE FAMILY HOMES. AND SO I'M GOING TO ASK THAT WORK WITH THE CITY MANAGER TO START SOME SORT OF REPORTING PROCESS OR SOME KIND OF TRACKING PROCESS SO THAT THESE BUSINESSES DON'T GET LEVERAGED AGAINST SINGLE FAMILY HOMEOWNERS TO SAY THAT IT'S A COMP. WE SOMEHOW HAVE TO ARM AND DEFEND THOSE THAT HAVE HOMES THAT ARE VALUED AT $285,000 IN THE NEIGHBORHOOD, AGAINST HOMES THAT ARE VALUED AT $500,000 BECAUSE THEY USE WHAT YOU PAID FOR IT. IF YOU DIDN'T KNOW THAT FIRST TRANSACTION, BECAUSE THOSE ARE REPORTED AND THEY THEY LEVERAGE THOSE NUMBERS. SO I'M I'M SUPPORTIVE BECAUSE THERE'S NO MECHANISM TO BE NOT SUPPORTIVE OF THIS. BUT I'M TELLING YOU, I'M CONCERNED ABOUT THE PRESSURE IT PUTS ON OUR HOMEOWNERS THAT ARE RUNNING BUSINESSES IN THESE NEIGHBORHOODS. AND WE HAVE TO DO SOMETHING TO AT LEAST GIVE THEM A DOCUMENT THAT SAYS WHEN THEY GO, ARGUE THEIR TAXES, AND EVERYONE SHOULD DO THAT WHEN THEY GO ARGUE THEIR TAXES, THAT, HEY, IF YOU'RE PULLING IN THIS ADDRESS ON ON SANDPIPER OR WHATEVER, DON'T THAT YOU CAN'T USE THAT AS A COMP BECAUSE IT'S NOT APPLES TO APPLES. SO THAT'S THAT'S MY CONCERN. CAN'T FIX IT TODAY. BUT I AM CONCERNED. SO WE HAVE A MOTION AND A SECOND.

ANY OTHER DISCUSSION. SEEING NONE. LET'S VOTE ON THE SCREEN. PASSES SEVEN ZERO. TAKES US TO

[C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the Denton Development Code; amendments include but are not limited to Subsection 5.3.1D, Maximum Persons Occupying a Dwelling, and Section 9.2, Definitions, related to the term “family” and bedroom and the number of unrelated persons occupying a dwelling unit; Table 5.2.A, Table of Allowed Uses, Subsection 5.4.4A, Home-Based Occupations, and Section 9.2, Definitions, related to the term “home occupations” and home-based business regulations; Table 2.2-A, Summary of Development Review Procedures, Section 2.4, Common Review Procedures, Section 2.5, Development Permits and Procedures, Section 2.7, Plan and DDC Amendments, Section 2.8, Flexibility and Relief Procedures, related to public notice requirements and protest procedures; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted 6-0 to recommend approval of the request. Motion for approval by Commissioner Ketchersid and second by Commissioner Garland. (DCA25-0002c, Legislative Updates, Julie Wyatt)]

OUR NEXT ITEM. LET ME GET THERE. >> THIS IS. >> ITEM C D CA 250002A. HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF ORDINANCE. CITY ORDINANCE AMENDING THE DENTON DEVELOPMENT CODE AMENDMENT AMENDMENTS INCLUDE, BUT NOT LIMITED TO SUBSECTION 5.3.1 D MAXIMUM PERSONS OCCUPANT OCCUPYING A DWELLING AND SECTION NINE TWO DEFINITIONS

SPECIFICALLY, ONE PERSON PER SLEEPING AREA THAT HAS A MINIMUM SQUARE FOOTAGE OF 70FT, AND THEN YOU CAN ADD AN ADDITIONAL OCCUPANT FOR EVERY 50FT OVER THAT WITHIN THE SLEEPING ROOMS. CURRENT DENTON DEVELOPMENT REGULATIONS USES THAT FAMILIAL STATUS AS A BASIS FOR HOME OCCUPANCY. SO WE ARE PROPOSING JUST TO USE KIND OF THE STRAIGHT LANGUAGE OF THIS LAW TO REMOVE DENTON'S CURRENT REGULATION FOR HOME OCCUPANCY AND THEN USE THAT SPATIAL

[01:00:07]

FIRST OF ALL, THE COMPREHENSIVE ZONING CHANGE AND THAT IS INCLUDES EITHER CITY INITIATED ZONING REGULATIONS, WHICH WOULD ALLOW MORE HOUSING, ADOPTION OF A NEW ZONING CODE OR MAP THAT IMPLIES APPLIES TO THE ENTIRE CITY. AND THIRD, ADOPTION OF A ZONING OVERLAY THAT WOULD ALLOW MORE HOUSING BUT IS ON A MAJOR ROADWAY. ALL OF THOSE ARE CONSIDERED COMPREHENSIVE ZONING CHANGES, AND WHILE THEY REQUIRE A NEWSPAPER AND WEBSITE NOTICE, THERE IS NO EXEMPT THAT'S EXEMPT FROM THE PROTEST PROCEDURE. SO SO THERE'S NO THAT 20% PROTEST THAT YOU TYPICALLY FIND IN IN REZONING AND PUBLIC HEARINGS, OTHER ZONING CHANGES THAT THAT THE THE BILL TALKS ABOUT WOULD ALLOW ADDITIONAL HOUSING OR MIXED USE DEVELOPMENT THAT MEETS SPECIFIC STANDARDS. BUT IT IT WOULD REQUIRE THE SAME NOTICE THAT YOU SEE TODAY, THE NEWSPAPER, THE MAILING, THE WEBSITE AND THE SIGN. BUT THE PROTEST PROCEDURES CHANGE AND THAT IS PROTEST IS REQUIRED FOR AT LEAST 60% OF THE LAND AREA, WITHIN 20 WITHIN 200FT OF THE REQUEST. AND THAT WOULD REQUIRE A MAJORITY OF CITY COUNCIL MEMBERS TO APPROVE. AND THEN ALL OTHER ZONING CHANGES WOULD WOULD BE CONSISTENT WITH WHAT YOU'RE FAMILIAR WITH, THE TYPICAL NOTIFICATION PROCEDURES, AS WELL AS THE PROTEST PROCEDURES. IN ORDER TO COMPLY WITH THIS LAW, THERE ARE UPDATES TO SUBCHAPTER TWO NEEDED IN THE DENTON DEVELOPMENT CODE. ONCE ONE TO ADD NOTICES AND NOTES TO MAKE SURE THAT WE ALERT THE PUBLIC TO TO WHAT NOTICES WOULD BE NEEDED FOR ANY PARTICULAR CASE, AND THEN TO UPDATE WHAT THOSE TYPES OF NOTIFICATIONS ARE, AND ESPECIALLY RELATING OR REFERENCING THE BILL, AND THEN FINALLY UPDATING THE PROTEST PROCEDURES FOR EACH ZONING TYPE. SO WITH THAT, WE LOOKED AT THE CRITERIA FOR APPROVAL. AND WE FEEL THAT THIS REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN, DOES NOT CONFLICT WITH OTHER PROVISIONS OF THE DENTON DEVELOPMENT CODE.

AND THERE'S ACTUALLY GOING TO BE ANOTHER AGENDA ITEM BEFORE YOU TONIGHT ON THE CODE OF ORDINANCES TO MAKE SURE THIS IS CONSISTENT WITH THE CODE OF ORDINANCES, AND IT IS NEEDED IN ORDER TO ENSURE CONSISTENCY WITH STATE LAW. PUBLIC OUTREACH WAS DONE. NO NEWSPAPER OUT WAS WAS PUBLISHED AS WELL AS THE WEBSITE NOTICE. WE HAVEN'T RECEIVED ANY RESPONSES. THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL OF THE REQUEST, AND STAFF RECOMMENDS APPROVAL OF THE REQUEST AS IT COMPLIES WITH THE CRITERIA. I'LL BE HAPPY TO ANSWER ANY

QUESTIONS. >> OKAY. >> THANK YOU. AND JUST IN CASE, I THINK I DID, BUT JUST IN CASE I DIDN'T, IT'S OPEN. IT'S A PUBLIC HEARING. SO OPEN THAT.

AND ANY QUESTIONS FOR STAFF SEEING NONE. MAYOR PRO TEM. >> APPRECIATE ALL THE TIME. YOU ALL HAVE PUT INTO MAKING SURE THAT WE'RE COMPLIANT WITH STATE LAW. AND I WILL MOVE APPROVAL.

>> REPRESENTATIVE FROM DISTRICT TWO. >> YEAH, IT JUST IS BEST

[01:05:02]

PRACTICE TO LINE UP AS BEST WE CAN WITHOUT CONFUSING ELEMENTS IN OUR CODE. SO I'LL SECOND

OKAY. >> AND AGAIN IT'S A PUBLIC HEARING. YOU CAN COME DOWN AND SPEAK IF YOU'D LIKE SEEING. NO ONE WILL CLOSE THE PUBLIC HEARING. AND LET'S VOTE ON THE SCREEN. THAT PASSES 6 TO 1 TAKES US TO ITEM C AND PARDON ME, ITEM D, WHICH IS MPC 250001.

[D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a request to rezone approximately 19.677-acres from Master Planned Community (MPC) Zoning District to Master Planned Community with a Base Zoning District of Mixed-Use Regional (MR) and make corresponding amendments to the Hunter Ranch MPC Development Map and related exhibits to expand the boundaries of the district to include the additional approximately 19.677-acre site for a total of approximately 3,187.40-acre tract of land within the Hunter Ranch MPC, generally located west of John Paine Road, approximately 2,200 feet of north of I-35W, in the City of Denton, Denton County, Texas; Adopting an amendment to the Hunter Ranch master planned community development plan map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [6-0] to recommend approval of the request. Motion for approval was made by Commissioner Dyer and seconded by Commissioner Ketchersid. (MPC25-0001a, Hunter Ranch, Cameron Robertson)]

HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A REQUEST TO REZONE APPROXIMATELY 19.677 ACRES FROM MASTER PLANNED COMMUNITY ZONING DISTRICT TO MASTER PLANNED COMMUNITY WITH A BASE ZONING DISTRICT OF MIXED USE REGIONAL AND MAKE CORRESPONDING AMENDMENTS TO THE HUNTER RANCH MPC DEVELOPMENT MAP. AND I'LL

OPEN THE PUBLIC HEARING. >> GOOD EVENING, MAYOR AND COUNCIL MEMBERS CAMERON ROBERTSON, PRINCIPAL PLANNER. AS STATED, THIS IS A REQUEST FOR REZONING FROM MASTER PLANNED COMMUNITY ZONING DISTRICT TWO, A MASTER PLAN COMMUNITY WITH A BASE ZONING OF MIXED USE REGIONAL, AS WELL AS AMENDING SOME OF THE HUNTER RANCH MPC MAPS WHICH WERE PROVIDED IN YOUR BACKUP. IT IS CURRENTLY SURROUNDED BY THE COLE RANCH AND THE HUNTER RANCH MPC. THE PURPOSE OF THE REQUEST, AS STATED, WAS THAT REZONING. CURRENTLY THE MPC THAT IS ZONED AS, WHICH WAS FROM 2008 AND IT'S DEFUNCT AND THERE IS ALSO CURRENTLY NO BASE ZONING PRESENT. SO IT WOULD BRING THE MPC ACREAGE TO A TOTAL OF APPROXIMATELY 3180 ACRES.

LOOKING AT THE APPROVAL CRITERIA FROM THE HUNTER RANCH MPCS, SPECIFICALLY SECTION 2.4.5 E, IT IS CONSISTENT WITH OUR DENTON 2040 COMPREHENSIVE PLAN. IT COMPLIES WITH THAT ADOPTED MPC DOES MINIMIZE THOSE ADVERSE IMPACTS. WE DO WE WILL HAVE THOSE ADEQUATE, ADEQUATE ROADWAY SYSTEMS IN THE FUTURE. AND THEN WE WILL HAVE THOSE PUBLIC FACILITIES TO SERVE THE DEVELOPMENT AS WELL. SPECIFICALLY, LOOKING AT THE DENTON 2040 PLAN, THE FUTURE LAND USE FOR THAT PROPERTY IS MASTER PLANNED COMMUNITY, INCLUDING THAT WITHIN THE HUNTER RANCH MPC LAND. LAND AREA DOES REMAIN CONSISTENT WITH THAT FUTURE LAND USE MAP.

ADDITIONALLY, IT DOES SUPPORT OUR ADDITIONAL HOUSING AND NEEDS THAT WE WILL NEED AS DENTON CONTINUES TO GROW. PUBLIC OUTREACH WAS DONE IN NOVEMBER, AND MAIL NOTICES WERE SENT TO THE 205 FOOT AREAS. WE DID NOT RECEIVE ANY RESPONSES IN OPPOSITION OR IN FAVOR.

PLANNING AND ZONING RECOMMENDED APPROVAL SIX ZERO, AND STAFF IS RECOMMENDING APPROVAL OF THE REQUEST AS IT COMPLIES WITH OUR CRITERIA. SECTION 2.4.5 E OF THE HUNTER RANCH MPC, AND I CAN

STAND FOR ANY QUESTIONS. >> AND FOR THE RECORD, IF WE DID RECEIVE NOTICE BACK FROM SOMEBODY, THAT WOULD BE TERRIFYING. THAT'D BE LIKE, OH. WE HEARD BACK FROM SOMEBODY

REPRESENTATIVE FROM DISTRICT FIVE. >> I ASSUME THAT THIS LAND IS FAR ENOUGH OFF THE HIGHWAY, THAT IMPROVEMENTS TO 35 AND FRONTAGE ROADS WILL NOT AFFECT

IT. >> CORRECT. >> THANK YOU. CAMERON.

>> REPRESENTATIVE FROM DISTRICT FOUR. >> THANK YOU. IS THIS THE

PROPERTY THAT THAT I UNDERSTAND IS NOW CALLED LANDMARK? >> SO CURRENTLY IT IS OWNED BY

THE DALLAS EPISCOPAL DIOCESE. >> OKAY. SO IT'S NOT LANDMARK. >> NO. THIS IS A REQUEST TO REZONE IT AND INCLUDED AS PART OF THE LANDMARK THE LANDMARK ALSO KNOWN AS FORMERLY KNOWN AS

HUNTER RANCH, MPC. >> OKAY, I'M NOT SURE I GOT THAT. SAY THAT AGAIN.

>> SO IT IS A REZONING REQUEST. AND THEN AS PART OF THAT REZONING REQUEST, IT WOULD IN THE DEVELOPMENT MAP FOR THAT HUNTER RANCH MPC WOULD BE ADJUSTED TO INCLUDE THE PARCEL

AS WELL. >> I SEE. OKAY. AND AND WHO IS THE CURRENT OWNER?

>> THE EPISCOPAL. >> DIOCESE OF DALLAS. >> YES. CORRECT.

>> VERY GOOD. THANK YOU. >> OKAY. >> ANY OTHER QUESTIONS? SEEING NONE. THIS IS A PUBLIC HEARING. YOU CAN COME DOWN AND SPEAK AND FILL OUT A CARD AFTER THE FACT.

SEND A MOVEMENT WILL CLOSE THE PUBLIC HEARING AND RECOGNIZE REPRESENTATIVE FROM DISTRICT

FIVE. >> THANK YOU. MAYOR. I MOVE APPROVAL.

>> REPRESENTATIVE FROM DISTRICT ONE. >> I'LL SECOND.

>> HAVE A MOTION AND A SECOND. ANY OTHER DISCUSSION? ANDREW, IF I COULD BORROW YOU. SO I SAW A NOTIFICATION I JUST WANT TO RECOGNIZE. SO WE HAVE OUR FIRST HOME PURCHASE SALE THERE AT

LANDMARK. >> FIRST HOME SALE CONTRACT THIS PAST WEEKEND. YEAH, I'M

EXCITED TO REPORT. YEAH. >> ONLY 8999 TO GO. >> JUST A FEW. YEAH, WE'LL BE

HERE FOR A WHILE. >> SO. AND SO HOW DOES THAT WORK? DO THEY JUST TELL US

[01:10:03]

WHERE WE ARE IN THE PHASE OF THINGS? >> SURE. YEAH. ANDREW PIPER, HILLWOOD COMMUNITIES, 3000 TURTLE CREEK BOULEVARD IN DALLAS. SO YEAH, WE ARE WRAPPING UP OUR FIRST PHASE OF DEVELOPMENT ON THE SINGLE FAMILY SIDE. WE'VE HAD OUR FIRST ACCEPTANCE OF OUR FIRST PHASE. WE HAVE FOUR SUB PHASES. IN PHASE ONE, OUR HOMEBUILDERS ARE BUYING LOTS THIS WEEK. THEY'RE STARTING MODELS AND THEY'RE STARTING TO PRE-SELL HOMES. SO YOU SHOULD SEE MODEL HOMES IN THE NEXT TWO MONTHS UP AND RUNNING. AND OUR GRAND

OPENING SHOULD BE THIS SPRING. >> GOT IT. >> THE FIRST RESIDENTS PROBABLY

THIS SUMMER. >> GOT IT. >> AND SO AND TO KEEP IT RELEVANT SO RELATED TO YOUR NEW NEIGHBORS HERE IS THAT NORMAL THAT YOU SELL LOTS BEFORE MODEL HOMES. IS THAT IS THAT I MEAN I'M JUST IGNORANT TO HOW THAT WORKS.

>> YEAH. WELL, WE NEED TO SELL THE LOTS TO THE BUILDERS IN ORDER TO BUILD THEIR MODEL HOMES. SO THEY'RE ALWAYS PRETTY ANXIOUS. THEY CAN BUILD THEM PRETTY FAST. SO. GOT IT. WE'LL

SEE THOSE GO GO UP PRETTY QUICK 3030 PLUS DAYS. GOT IT. YEAH. >> REPRESENTATIVE DISTRICT FOUR.

DO YOU HAVE A QUESTION? >> YES, PLEASE. GOOD AFTERNOON OR GOOD EVENING. SO THE THE FIRST SALE YOU MADE WAS ACTUALLY TO A DEVELOPER. TO A BUILDER.

>> BUILDERS CAN WRITE A CONTRACT FOR A HOME COMING SOON. SO IT'S IT'LL BE A BUILD JOB.

SO THEY'VE SIGNED A CONTRACT TO PURCHASE A HOME. >> BUT THE FIRST USE OF THAT

WILL BE A MODEL HOME. >> WELL, NO. SO WE'VE GOT NINE HOME BUILDERS. WE'LL HAVE TEN MODELS GOING UP SEPARATELY. ONE OF THOSE BUILDERS HAS SIGNED A CONTRACT FOR A HOME ELSEWHERE.

>> CAN YOU GIVE US A BRIEF HISTORY OF THE OF OF THIS PROPERTY.

>> AS IT RELATES TO THE PROPERTY THAT WE'RE REVIEWING? >> YEAH, NOT NOT IN THE

BEGINNING. >> GOD, AS I UNDERSTAND IT, THIS 20 ACRES OWNED BY THE DIOCESE WAS PURCHASED FROM THE COLE RANCH KIND OF MASTER PLAN BACK PROBABLY 15 PLUS YEARS AGO FOR A FUTURE CHURCH. THEY NO LONGER HAVE FOUND USE FOR THIS TRACT OF LAND, AND SO THEY'VE MARKETED IT FOR SALE. WE CURRENTLY HAVE IT UNDER CONTRACT TO PURCHASE. AND SO THE PROPOSAL TONIGHT WOULD BE TO ESSENTIALLY ANNEX THIS PROPERTY INTO OUR EXISTING

AGREEMENTS. >> THAT'S VERY HELPFUL. THANK YOU. YES.

>> ALL RIGHT. WELL THANK YOU VERY MUCH. AGAIN. CONGRATULATIONS AGAIN. THANK YOU VERY MUCH. AND THE TEAM OKAY. YEP. OKAY. DO WE DO THE MOTION AND SECOND ALREADY. YES.

OKAY. LET'S VOTE ON THE SCREEN. AND THAT PASSES 7 TO 0 TAKES US TO ITEM. EIGHT A ITEMS FOR

[A. Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of approximately 10.416-acres of land, and a 1.283-acres temporary construction easement located east of Hinkle Drive, north of West University Drive, situated in the Robert Beaumont Survey, abstract No. 31, all in the city and county of Denton, Texas, and more particularly described in the attached exhibit(s) “A” (collectively, the “Property Interest(s)”); authorizing the City Manager and City Attorney, to acquire the Property Interests by agreement if possible, including making all offers required by law; authorizing the use of the power of eminent domain proceedings if necessary; authorizing the expenditure of funding; making findings; providing a savings clause; and providing an effective date.]

INDIVIDUAL CONSIDERATIONS AD252035. CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE, NEED NECESSITY FOR THE ACQUISITION OF APPROXIMATELY 10.416 ACRES OF LAND AND 1.283 ACRES ACRE TERRITORY. PARDON ME. TEMPORARY CONSTRUCTION EASEMENT

LOCATED EAST OF HINKLE DRIVE. >> GOOD EVENING, MAYOR AND COUNCIL. I'M ANGEL DELORY, SENIOR REAL ESTATE SPECIALIST FOR DEVELOPMENT SERVICES REAL ESTATE TEAM. ALSO WITH ME TODAY IS CAPITAL PROJECTS STAFF. THEY'RE HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE ABOUT PROJECT DESIGN, ALIGNMENT OR CONSTRUCTION. THE ITEM BEFORE YOU THIS EVENING IS NEIGHBORHOOD FIVE B OAKLAND AND OAKLAND DRAINAGE. SO THE CITY OF DENTON'S 2023 BOND PROGRAM ALLOCATES FUNDING FOR DRAINAGE AND FLOOD CONTROL IMPROVEMENTS. THIS INCLUDES LAND EASEMENTS, RIGHT OF WAY AND PROPERTY ACQUISITIONS. SO THE BOND PROGRAM INCLUDED THE NEIGHBORHOOD FIVE B AND OAKLAND DRAINAGE PROJECT. THIS PROJECT ALSO MEETS THE GOALS OF THE 2023 BOND PROGRAM, SO THIS PROJECT REQUIRES APPROXIMATELY TEN JUST OVER TEN ACRES OF LAND ACQUISITION AND JUST OVER ONE ACRE FOR A TEMPORARY CONSTRUCTION EASEMENT. THIS IS TO INSTALL AND MAINTAIN A REGIONAL DETENTION POND FOR THE PURPOSE OF ALLEVIATING FLOOD AND REMOVING PARCELS FROM THE FLOODPLAIN. THE PROPERTY IS LOCATED JUST NORTH OF 380 AND EAST OF HINKLE. THE GREEN SHADED AREA IS THE PROPERTY TO BE ACQUIRED, WHILE THE ORANGE SHADED AREA IS A TEMPORARY CONSTRUCTION EASEMENT. CITY CONSULTANTS ESTIMATE THAT JUST OVER 57 ACRES WILL BE REMOVED FROM THE FLOODPLAIN. YOU CAN SEE THE ON THE FIRST ONE. THIS IS THE CURRENT FLOODPLAIN NOW AND THEN AFTER THE PROJECT, YOU'LL SEE THE AREA IN GREEN IS

[01:15:02]

WHAT THEY HOPE TO REMOVE FROM THE FLOODPLAIN. CITY PLANS TO BEGIN CONSTRUCTION QUARTER ONE CALENDAR YEAR 2027, WITH AN ESTIMATED COMPLETION DATE OF QUARTER FOUR. CALENDAR YEAR 2028. SO YOUR APPROVAL OF THIS ITEM WILL AUTHORIZE THE CITY ATTORNEY AND THE CITY MANAGER TO ACQUIRE THE PROPERTY INTEREST, INCLUDING MAKING OFFERS REQUIRED BY LAW. IN THE EVENT WE CAN'T REACH AN AGREEMENT WITH THE OWNER. THIS WILL AUTHORIZE THE CITY ATTORNEY TO FILE EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, TO ACQUIRE THE PROPERTY INTEREST.

STAFF RECOMMENDS THE ADOPTION OF THIS ORDINANCE. UPON READING OF THE MOTION, STAFF WILL

DISPLAY THE SUBJECT PROPERTY. >> OKAY. THANK YOU. QUESTIONS FOR STAFF. SEEING NONE, YOU HAVE THE LANGUAGE REPRESENTATIVE FROM DISTRICT TWO.

>> I'M GOING TO MOVE THAT THE CITY OF DENTON, AFTER HAVING MADE THE OFFERS REQUIRED BY STATE LAW, USE THE POWER OF EMINENT DOMAIN IF NEEDED TO ACQUIRE FEE SIMPLE AND TEMPORARY CONSTRUCTION EASEMENT INTEREST. GENERALLY LOCATED EAST OF HINKLE DRIVE AND NORTH OF WEST UNIVERSITY DRIVE. SITUATED IN THE ROBERT BEAUMONT SURVEY. ABSTRACT NUMBER 31, ALL IN THE CITY AND COUNTY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A TO THE ORDINANCE NOW UNDER CONSIDERATION AND ON THE SCREEN TO BE DISPLAYED TO THE AUDIENCE, ALL OF WHICH ARE FOR PUBLIC USE AND NECESSARY FOR THE INSTALLATION AND CONTINUED MAINTENANCE OF A REGIONAL DETENTION POND TO ALLEVIATE FLOODING, BLAH, BLAH, BLAH, ALLEVIATE FLOODING, AND TO REDUCE THE FLOODPLAIN AS PART OF NEIGHBORHOOD FIVE B AND OAKLAND DRAINAGE PROJECT NEEDED TO SERVE THE CITIZENS OF THE CITY OF DENTON, AND THAT THE FIRST RECORD VOTE TAKEN ON THIS ORDINANCE APPLIES TO ALL UNITS OF PROPERTY TO BE CONDEMNED.

>> THANK YOU. >> THIS IS A PARCEL TO BE ACQUIRED. THE LAND TO BE ACQUIRED. AND THE TEMPORARY CONSTRUCTION EASEMENTS. ARE THERE ANY FURTHER QUESTIONS I

CAN ANSWER FOR YOU AT THIS TIME? >> OKAY. ANY QUESTIONS? SEEING NONE. MAYOR PRO TEM.

>> I'LL SECOND THE MOTION. >> WE HAVE A MOTION AND A SECOND. ANY OTHER DISCUSSION? SEEING NONE. LET'S VOTE ON THE SCREEN. THAT PASSES 7 TO 0. TAKES US TO OUR NEXT ITEM,

[B. Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of a permanent wastewater easement and a temporary construction easement generally located north of U.S. Highway 380 (University Drive), and west of Masch Branch Road, situated in the Seferino Huizar Survey, Abstract No. 514, all in the City and County of Denton, Texas, and more particularly described in the attached Exhibit “A” (collectively, the “Property Interests”); authorizing the City Manager and the City Attorney to acquire the Property Interests by agreement if possible, including making all offers required by law; authorizing the use of the power of eminent domain to condemn the Property Interests if agreement cannot be reached; authorizing the City Attorney to file eminent domain proceedings if necessary; authorizing the expenditure of funding; making findings; providing a savings clause; and providing an effective date.]

WHICH IS EIGHT B ID 252276. CONSIDER ADOPTION OF ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE, NEED, AND NECESSITY FOR ACQUISITION OF A PERMANENT WASTEWATER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT. GENERALLY LOCATED NORTH OF U.S.

HIGHWAY 380 UNIVERSITY DRIVE AND WEST OF MOSS BRANCH. SITUATED IN THE RENO SURVEY.

ABSTRACT NUMBER 514. >> GOOD EVENING, MAYOR AND COUNCIL DEANNA CODY, DEPUTY DIRECTOR OF DEVELOPMENT SERVICES, REAL ESTATE I'M HERE TONIGHT TO TALK WITH YOU ABOUT THE NORTH MOSS BRANCH SEWER PROJECT. SO THE THE SEWER LINE PROJECT IS IDENTIFIED AS A FUTURE CAPITAL IMPROVEMENT PROJECT, OR CIP 13, IN THE CITY'S WASTEWATER MASTER PLAN TO CONSTRUCT AND INSTALL APPROXIMATELY 9000 LINEAR FEET OF SANITARY SEWER LINES THAT ARE NEEDED TO SERVE THE HICKORY CREEK SERVICE AREA. STAFF PROPOSED TO ADVANCE THE PROJECT TO CAPITALIZE ON A CONSTRUCTION COST SHARING OPPORTUNITY WITH OWNERS AND DEVELOPERS WHO ARE ACTIVELY PURSUING DEVELOPMENT. ONE OF AN APPROXIMATELY 352 ACRE TRACT OF LAND AND ANOTHER OF ATTRACTIVE LAND, OVER 120 SOME ODD ACRES. SO TOGETHER IT'S CLOSE TO 500 ACRES OF LAND.

SO, PROCEEDING WITH CONSTRUCTION OF THE NORTH MARSH BRANCH SEWER LINE EXTENSION ACCOMPLISHES THE GOAL OF THE CITY'S WASTEWATER MASTER PLAN THAT WAS ADOPTED IN MAY OF 2024, IN ADVANCE OF TWO DEVELOPMENT AGREEMENTS THAT WERE ON TONIGHT'S COUNCIL AGENDA AND APPROVED ON THE CONSENT AGENDA. IT WAS ITEMS C AND D, THE DEVELOPER HAS ALREADY ACQUIRED THE MAJORITY OF THE EASEMENTS THAT ARE NEEDED FOR THE SUBJECT TRACT AS PART OF THEIR CONTRIBUTION TO THE PLAN. THOSE EASEMENTS WERE SOUTH OF THE SUBJECT FROM US 380 TO JIM CRYSTAL ROAD, AND THERE WILL BE SHOWN IN MORE DETAIL IN THE NEXT COUPLE OF SLIDES. UPON APPROVAL OF THIS ITEM, STAFF WILL INITIATE THE ACQUISITION PROCESS TO ACQUIRE THE REMAINING PERMANENT AND TEMPORARY EASEMENTS FOR THE PROJECT. THIS WILL INCLUDE MAKING A BONA FIDE OFFER REQUIRED BY STATE LAW AND BASED ON AN APPRAISAL AND NEGOTIATING WITH THE OWNER. IN THE EVENT, STAFF IS UNABLE TO REACH AN AGREEMENT WITH THE PROPERTY OWNER. THIS ITEM WILL AUTHORIZE THE CITY ATTORNEY TO FILE EMINENT DOMAIN PROCEEDINGS TO

[01:20:01]

ACQUIRE THE PROPERTY INTEREST, IF NECESSARY. HERE'S THE LOCATION OF THE PROJECT, WHICH YOU'LL SEE IS THE BLUE LINE WEST OF MARSH BRANCH ROAD. IT'S NORTH OF 380, AND THE PROPOSED EASEMENTS ARE LOCATED WITHIN AN EXISTING DRAINAGE EASEMENT, SO THAT WILL MITIGATE THE IMPACT TO THE PROPERTY. IT'S IT'S ALREADY IN AN EXISTING DRAINAGE EASEMENT AND NEAR THE FLOODPLAIN. AGAIN, ON THIS SLIDE, YOU'LL SEE THE PURPLE EASEMENT REPRESENTS THE WASTEWATER EASEMENT, WHICH IS THE PERMANENT ACQUISITION. AND THE TEAL LINES REPRESENT THE TEMPORARY CONSTRUCTION EASEMENT. AGAIN, THESE EASEMENTS ARE LOCATED SUBSURFACE OF THE PROPERTY AND WITHIN EXISTING DRAINAGE EASEMENTS. SO THE PROJECT SCHEDULE IS PROJECTED CONSTRUCTION TO START IN Q2 OF CALENDAR 2026, AND THE PROJECTED COMPLETION DATE IS Q4 OF 2026. WE ALSO HAVE CAPITAL PROJECT STAFF AVAILABLE IN THE EVENT THERE ARE ANY QUESTIONS, STAFF RECOMMENDS APPROVAL OF THE ITEM AND YOUR APPROVAL WILL AUTHORIZE THE CITY MANAGER AND THE CITY ATTORNEY TO ACQUIRE THE NECESSARY PROPERTY INTERESTS, INCLUDING MAKING ALL OFFERS REQUIRED BY LAW AND INCLUDING THE USE OF THE CITY'S EMINENT DOMAIN POWER IN THE EVENT THAT BECOMES NECESSARY. UPON READING OF THE MOTION, STAFF WILL BEGIN DISPLAYING THE

SUBJECT PROPERTIES. >> OKAY, QUESTIONS FOR STAFF. SO I JUST HAVE TWO. SO THE THE IF YOU GO TO THE SLIDE THAT HAS THE MAPS WITH THE FLOOD PLAIN FLOOD FLOOD AREA. YEAH THAT ONE.

SO THE GREEN LINES, WHAT DOES THAT INDICATE. IF THE BLUE LINES ARE WHAT WE'RE ACQUIRING.

>> THE GREEN LINES INDICATE THE PROPERTY EASEMENTS THAT HAVE ALREADY BEEN ACQUIRED.

>> SO THIS IS THE LAST OF IT. YES. GOT IT. AND THEN FROM MEMORY THE DRIVEWAY GOES ACROSS THAT ESA. AND THAT THAT CAME BEFORE THIS BODY SOME YEARS AGO. AND WE APPROVED THEM TO HAVE

THAT SECOND POINT OF ACCESS. >> THAT'S MY UNDERSTANDING. THAT PREDATES. YES.

>> OKAY. GOT IT. ALL RIGHT. THANK YOU. REPRESENTATIVE FROM DISTRICT TWO.

>> I'M JUST CONFIRMING THE MAYOR'S RECOLLECTION THAT. THAT'S CORRECT.

>> OKAY. THANK YOU. MAYOR PRO TEM. >> I MOVE THAT THE CITY OF DENTON, AFTER HAVING MADE THE OFFERS REQUIRED BY STATE LAW, USE THE POWER OF EMINENT DOMAIN IF NEEDED, TO TO ACQUIRE A PERMANENT WASTEWATER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT. GENERALLY LOCATED NORTH OF U.S. HIGHWAY 380 UNIVERSITY DRIVE AND WEST OF MARSH. MARSH BRANCH ROAD, SITUATED IN ZEFERINO. WE SAW A SURVEY ABSTRACT NUMBER 514, ALL IN THE CITY OF DENTON, CITY AND COUNTY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A TO THE ORDINANCE NOW UNDER CONSIDERATION ON THE SCREEN TO BE DISPLAYED TO THE AUDIENCE, ALL OF WHICH ARE FOR A VALID PUBLIC USE NECESSARY FOR WASTEWATER INSTALLATION TO COMPLETE THE CITY'S WASTEWATER MASTER PLAN. AS PART OF THE NORTH MARSH BRANCH SEWER LINE PROJECT NEEDED TO SERVE THE PUBLIC AND CITIZENS OF THE CITY OF DENTON, AND THAT THE FIRST RECORDED VOTE TAKEN ON THIS ORDINANCE APPLIES TO ALL UNITS OF PROPERTY TO BE CONDEMNED.

>> AND HERE I'M DISPLAYING. OH, SORRY, I THINK THERE NEEDS TO BE HERE. I'M DISPLAYING PARCEL ONE, WHICH IS THE WASTEWATER EASEMENT, THE PERMANENT EASEMENT, AND THEN PARCEL ONE,

SAME TRACT OF LAND. THE TEMPORARY CONSTRUCTION EASEMENT. >> OKAY. REPRESENTATIVE FROM

DISTRICT ONE. >> I'LL SECOND. >> WE HAVE A MOTION AND A SECOND. ANY OTHER DISCUSSION? SEEING NONE. LET'S VOTE ON THE SCREEN. THAT PASSES 7 TO 0.

[A. Consider adoption of an ordinance of the City of Denton authorizing the execution of a Second Amendment to Hunter Ranch Project Agreement relative to the inclusion of land into the agreement and clarifying the binding obligations as it relates to the developer and future developers and other related matters; and providing an effective date.]

TAKES US TO ITEM NINE A, WHICH IS ID 252101. CONSIDER ADOPTION OF ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO HUNTER PROJECT AGREEMENT RELATIVE TO THE INCLUSION OF LAND INTO THE AGREEMENT AND CLARIFYING THE THE BINDING OBLIGATIONS AS IT RELATES TO THE DEVELOPER AND THE FUTURE DEVELOPERS.

>> GOOD EVENING, MAYOR AND CITY COUNCIL CHARLIE ROSENTHAL, INTERIM DIRECTOR OF DEVELOPMENT SERVICES. THIS ITEM BEFORE YOU TODAY IS RELATED TO THE MASTER PLAN AMENDMENT THAT WAS PREVIOUSLY IN THE PUBLIC HEARING. THIS IS FOR THE HUNTER RANCH MUNICIPAL MANAGEMENT DISTRICT, APPROXIMATELY 3167 ACRE MASTER PLANNED COMMUNITY. YOU CAN SEE HERE THE TYPE OF HOUSING THERE IN THE BACKGROUND RELATED TO THAT COMMUNITY. AS A REMINDER OF THE AGREEMENT STRUCTURE, THE CITY OF DENTON HAS AN AGREEMENT WITH HILLWOOD, THE DEVELOPERS, THE PROJECT AGREEMENT, AND THEN THE DISTRICT HUNTER RANCH AS THE OPERATING AGREEMENT. THE ITEM

[01:25:01]

BEFORE YOU TODAY IS RELATED TO THE PROJECT AGREEMENT, AND THIS IS AN AMENDMENT, A SECOND AMENDMENT TO THE PROJECT AGREEMENT TO ADD THE 19.677 ACRE PROPERTY THAT WAS JUST REZONED AS PART OF THE MASTER PLAN COMMUNITY INTO THAT PROJECT AGREEMENT, AND I WILL

TAKE ANY QUESTIONS. >> OKAY. THANK YOU. QUESTIONS FOR STAFF. SEEING NONE.

REPRESENTATIVE FROM DISTRICT SIX. >> COUNCILPERSON JESTER I'D LIKE TO MOVE APPROVAL OF THE MOTION. APPROVAL OF THE ITEM AS PRESENTED. SORRY. THIS WHOLE

NIGHT HAS BEEN FINDING WORDS. >> NO, YOU'RE DOING GREAT. YES, THAT ALWAYS HELPS.

REPRESENTATIVE DISTRICT FIVE. >> IT'S ALL SECOND. >> OKAY, WE HAVE A MOTION AND A SECOND. ANY OTHER DISCUSSION? SEEING NONE, LET'S VOTE ON THE SCREEN. THAT PASSES SEVEN ZERO.

[B. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 17 "Property Maintenance", Article I "In General", Section 17-2 "Definitions", of the Code of Ordinances of the City of Denton, to revise definitions related to dwelling occupancy; amending Chapter 17, Article XIII “Minimum Building Standards”, Division 2 “Minimum Standards”, Section 17-159 “Occupancy Limitations” of the Code of Ordinances of the City of Denton, to revise Overcrowding Standards; Chapter 2 “Administration”, Article II, “Administrative Organization”, Section 2-29 “City Council Rules of Procedure” of the Code of Ordinances of the City of Denton, to revise written protest procedures; providing a repealer clause; providing a savings clause; providing a severability clause; providing a penalty clause; providing for publication; providing codification; and providing an effective date. (DCA25-0002c, Legislative Updates, Julie Wyatt)]

TAKES US TO ITEM B, DCA250002. CONSIDER ADOPTION OF ORDINANCE OF THE CITY OF DENTON, TEXAS.

AMENDING CHAPTER 17 PROPERTY MAINTENANCE. ARTICLE ONE. IN GENERAL, SECTION 17 DASH TWO DEFINITIONS OF THE CODE OF ORDINANCE OF THE CITY OF DENTON. TO REVISE THE DEFINITIONS

>> THANK THANK YOU, REPRESENTATIVE DISTRICT TWO. >> THANK YOU. I'M JUST GOING TO MAKE ONE RECOMMENDATION TO STAFF THAT BECAUSE AND I REALLY APPRECIATE THE THE RESPONSE TO MAYOR PRO TEM QUESTIONS ABOUT DEFINITION OF FAMILY AND ALL THAT. I'M JUST GOING TO I DON'T THINK WE CAN UNDERSTATE HOW MUCH WE'LL NEED TO DO SOME PROACTIVE EDUCATION TO OUR COMMUNITY, BECAUSE THEY HAVE ONE CONCEPT THAT NOW HAS BEEN SUPERSEDED BY STATE LAW, AND WE'RE HAVING TO REVISE THAT. SO I'M GOING TO ENCOURAGE US TO DO EXTRA PROACTIVE EDUCATION.

THANK YOU. >> AND ANY OTHER QUESTIONS FOR STAFF. SEEING NONE, MAYOR PRO

TEM. VAL. >> REPRESENTATIVE FROM DISTRICT

FOUR. >> SECOND THAT. >> MOTION AND A SECOND. ANY OTHER DISCUSSION? LET'S VOTE ON THE SCREEN. THAT PASSES SEVEN ZERO TAKES US TO ITEM NINE C,

[C. Consider adoption of an ordinance of the City of Denton approving an economic development agreement under Chapter 380 of the local government code to promote economic development and to stimulate business activity and economic growth of the City of Denton between the City of Denton and Novartis Gene Therapies, Inc., regarding the expansion of operations and increase in the number of jobs in the City of Denton; authorizing the expenditure of funds therefor in an amount not-to exceed $894,688; authorizing the city manager to take action to facilitate the remediation of property in furtherance of said agreement; and providing an effective date. The Economic Development Partnership Board recommends approval (9-0).]

WHICH IS ID 251871. CONSIDER ADOPTION OF ORDINANCE OF THE CITY OF DENTON APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUSINESS ACTIVITY AND ECONOMIC GROWTH OF THE CITY OF

DENTON. >> GOOD EVENING, MAYOR AND COUNCIL, BRITTANY SOTELO, ECONOMIC DEVELOPMENT DIRECTOR. I'M HERE TO PRESENT AN INCENTIVE APPLICATION OVERVIEW FROM NOVARTIS GENE THERAPIES. THE OBJECTIVE IS TODAY IS TO ASK FOR YOUR CONSIDERATION TO APPROVE A CHAPTER 312 AND CHAPTER 380 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT ON NOVEMBER 25TH, 2025, THE ECONOMIC DEVELOPMENT PARTNERSHIP BOARD REVIEWED THIS INCENTIVE PROPOSAL AND APPROVED IT NINE ZERO. BACKGROUND ON THE COMPANY. ON AUGUST 21ST, NOVARTIS AND RYAN TAX FIRM MET WITH CITY STAFF TO DISCUSS INCENTIVES FOR AN UPCOMING EXPANSION. NOVARTIS IS A SWISS MEDICINES CORPORATION FORMED IN 1996, FOCUSED ON ALLEVIATING SOCIETY'S GREATEST DISEASE BURDENS THROUGH THE EIGHTH LARGEST PHARMACEUTICAL COMPANY IN THE WORLD BY REVENUE. AND THERE'S NEARLY 70 OFFICES IN THE UNITED STATES FOR PHARMACEUTICALS, OPERATIONS, CORPORATE AND BIOMEDICAL RESEARCH. THEY MOST RECENTLY ANNOUNCED A NEW HUB IN NORTH CAROLINA FOR BIOLOGICS AND STERILE PACKAGING MANUFACTURING.

NOVARTIS HAS IDENTIFIED DENTON AS A SITE FOR THEIR RADIOLIGAND THERAPY AND PHARMACEUTICAL MANUFACTURING FACILITY. EXPANSION. IN THE US, ROT PHARMACEUTICALS FACILITY. THEY MOST RECENTLY ANNOUNCED ROE PHARMACEUTICALS FACILITY IN CARLSBAD, CALIFORNIA, AND THEY'RE CONSIDERING ANOTHER MANUFACTURING SITE IN THE US. IN ADDITION TO DENTON, THE SITE AT THE SITE THEY PLAN TO MANUFACTURE PLUVICTO AND LUTATHERA, WHICH IS CANCER TREATMENT FOR METASTATIC PROSTATE CANCER, AND GEP-NETS, WHICH STANDS FOR GASTROENTEROPANCREATIC NEUROENDOCRINE TUMORS. THE COMPANY IS SEEKING TO PURCHASE 2101 SHADY OAKS DRIVE. ITS FORMERLY OPERATED BY US RADIOPHARMACEUTICALS, AND THE SITE HAS BEEN NON-OPERATIONAL SINCE 2009. THE FACILITY IS A 50,000 SQUARE FOOT FACILITY ON

[01:30:06]

A 20 ACRE SITE. IT'S CURRENTLY OWNED BY KENSINGTON TITLE, NEVADA. IT'S IMPORTANT TO NOTE THAT THERE'S A VARIETY OF CHALLENGES AT THE SITE THAT OUR TEAM AND CITY MANAGEMENT, OUR LEGAL TEAM, HAVE BEEN WORKING WITH THE COMPANY AND THE OWNERS TO RESOLVE TO PUSH THE PROJECT FORWARD. ON THE SITE. THE COMPANY PLANS TO IMPROVE THE FACILITY IN THREE DIFFERENT PHASES. IN PHASE ONE, THEY PLAN TO REMOVE HAZARDOUS MATERIALS AND COMPLETE ENVIRONMENTAL CLEARANCE. THEY PLAN TO GRADE, SITE AND DEMOLISH INTERIORS OF EXISTING BUILDINGS AND BEGIN LANDSCAPING AND ESTHETIC ENHANCEMENTS. IN PHASE TWO, THEY WILL UPGRADE BUILDING ONE TO CONVERT TO OFFICE, WAREHOUSE AND RENOVATE FOR MODERN USE. BUILDING TWO THEY WILL ADD OFFICE, PRODUCTION LAB AND UPGRADE FOR SPECIALIZED MANUFACTURING OPERATIONS, AND THEY WILL UPGRADE A TUNNEL TO TRANSFER FROM BUILDING ONE AND TO THE BUNKER. THE MARINATED BUNKER WILL SERVE TO RETROFIT FOR SECURE CONTAINMENT AND SHIELDING. IN PHASE THREE, THEY WILL ADD NEW STRUCTURES TO SUPPORT FUTURE OPERATIONS, UPGRADE UTILITIES AND INFRASTRUCTURE FOR LONG TERM SUSTAINABILITY. WITHIN THE COMPANY'S INCENTIVE APPLICATION, THEY ESTIMATE THEY WILL GENERATE $280 MILLION IN TOTAL CAPITAL INVESTMENT, 71 MILLION IN IMPROVEMENTS, 200 MILLION IN BUSINESS PERSONAL PROPERTY AND 150 TO 175 NEW JOBS. THOSE JOBS WILL VARY BETWEEN 40 VARIOUS ROLES, INCLUDING A SITE HEAD OF GM, ISOTOPES, AUTOMATION, CALIBRATION PROCESS ENGINEERS, PRODUCTION FACILITY MAINTENANCE TECHNICIANS, QUALITY CONTROL ANALYSTS, TRAINING LEADS, AND VARIOUS SUPERVISOR MANAGER POSITIONS. THE AVERAGE SALARY WILL BE MORE THAN 124,000, COMPARED TO THE DENTON COUNTY AVERAGE ANNUAL SALARY OF $63,500, WHICH IS $60,000 OVER THE DENTON COUNTY SALARY. OUR INCENTIVE PROPOSAL TO THE COMPANY INCLUDES A CHAPTER 312 REAL PROPERTY TAX ABATEMENT AT 50% FOR TEN YEARS FOR NEW IMPROVEMENTS FOR TOTAL $2.3 MILLION. A CHAPTER 380 GRANT, WHICH INCLUDES A SALES TAX REBATE OF 50% ON CONSTRUCTION MATERIALS WITH A CAP OF $199,688, A JOB BASED GRANT WITH A CAP OF $300,000, AND A REMEDIATION GRANT WITH A CAP OF $395,000 FOR TOTAL ESTIMATED INCENTIVES. AT $3.2 MILLION. THE COMPANY IS ALSO APPLIED FOR A STATE INCENTIVE CALLED THE TEXAS ENTERPRISE FUND, WHICH IS KNOWN AS THE DEAL CLOSING FUND. IT'S CURRENTLY IN THE STATE QUEUE OF APPROVAL, WHICH COULD TAKE A FEW DAYS. AND IT'S IMPORTANT TO NOTE THAT ALTHOUGH THIS SITE IS A PREFERRED SITE, THEY ARE STILL THEY STILL HAVE BACKUP SITES IN THE STATE OF TEXAS AND OTHER STATES. THE COMPANY ALSO PLANS TO APPLY FOR A STATE BUSINESS PERSONAL PROPERTY TAX EXEMPTION FOR PHARMACEUTICAL MANUFACTURING, AND WE ESTIMATE THAT THIS WILL GENERATE THIS WILL EXEMPT THEM $5.9 MILLION OVER TEN YEARS. ON THE ECONOMIC IMPACT REPORT.

WITH NET BENEFITS INCENTIVES, WE ESTIMATE THE PROJECT TO GENERATE $4.8 MILLION OVER THE COURSE OF TEN YEARS FOR THE CITY, $1.9 MILLION FOR THE COUNTY, $5.2 MILLION FOR THE SCHOOL DISTRICT, AND 444 9000 FOR THE CTA. WITH THE PAYBACK PERIOD OF 3.3 YEARS. COMMUNITY IMPACT, WHICH IS WHAT WE'RE MOST EXCITED, THIS PROJECT WILL SERVE AS A CATALYST FOR ADDITIONAL LIFE SCIENCE OPPORTUNITIES IN DENTON. EARLIER THIS YEAR, WE STARTED EXPLORING LIFE SCIENCE AS A POTENTIAL INDUSTRY TO RECRUIT INTO THE CITY, AND WE REALIZED THAT SEVERAL CITIES WERE ACTUALLY IN THE PROCESS OF BUILDING LIFE SCIENCE PARKS, OR ABOUT 4 TO 5 YEARS AHEAD OF US. SO THIS WOULD THIS IS GOING TO GENERATE ADDITIONAL OPPORTUNITIES FOR THE CITY OF DENTON. THIS WILL ALSO CREATE RESEARCH PARTNERSHIPS AND EMPLOYMENT OPPORTUNITIES FOR UNT, TWU AND NCTC STUDENTS. BOTH UNT AND TWU HAVE GREAT LIFE SCIENCE PROGRAMS AT UNT, HAS CREATED THE BIOMEDICAL ENGINEERING DEGREE PROGRAM, AND HE'S GRADUATED SEVERAL STUDENTS FROM UNT, MOST RECENTLY TALKED TO ONE OF THOSE GRADUATES, AND THEY'RE EXCITED ABOUT THIS OPPORTUNITY THAT NOVARTIS WILL BE IN OUR BACKYARD. THIS ALSO ADDS A DEFUNCT PROPERTY BACK TO THE TAX ROLLS. WE HAVE NOT COLLECTED TAXES ON THIS PROPERTY FOR THE PAST 15 YEARS, AND THE EXPANSION WILL CREATE LOCAL CONTRACTOR AND VENDOR OPPORTUNITIES. SO THE STATE COMPANY HAS STATED THAT ONCE THEY MOVE TO ANOTHER LOCATION, TYPICALLY THEIR SUPPLIERS WILL FOLLOW THEM AND THEY LIKE TO CONTRACT WITH LOCAL VENDORS AS WELL. SO FURTHER INJECTING MORE CAPITAL INVESTMENT TO OUR COMMUNITY. AND IT'S IMPORTANT TO NOTE THAT MULTIPLE ENTITIES IN THE DFW REGION ARE IN THE PROCESS OF TRYING TO MAKE DFW A LIFE SCIENCE HUB. SO THIS WOULD NOT ONLY BE A WIN FOR THE CITY OF DENTON, BUT FOR THE DFW AND THE STATE OF TEXAS. WITHIN OUR INCENTIVE EVALUATION MATRIX, OUR SCORING METHOD FOR INCENTIVES. THIS COMPANY APPLICATION SCORED A 91 AND THE EXCELLENT RANGE, AND IT MEETS MULTIPLE STRATEGIC PLAN CONSIDERATIONS, INCLUDING EXPANDING THE TAX BASE, SPURRING INFILL DEVELOPMENT, AND PAYING A LIVING WAGE FOR ALL EMPLOYEES. OUR STAFF

[01:35:04]

RECOMMENDATION IS CONSIDER ADOPTION OF AN ORDINANCE FOR CHAPTER 380 GRANT AND A 312 GRANT. IF YOU HAVE ANY QUESTIONS. MICHAEL FERRARONI WITH RYAN TAX FIRM IS HERE WHO REPRESENTS THE COMPANY. AND HE ACTUALLY WORKED ON THE HUB EXPANSION IN NORTH CAROLINA FOR THE COMPANY. AND JERRY HUDSON, WHO IS WITH NOVARTIS. ANY QUESTIONS?

>> GREAT QUESTIONS FOR STAFF REPRESENTATIVE FROM DISTRICT TWO.

>> THANK YOU. AS ONE OF THOSE LIFE SCIENTISTS IN ACADEMIA, I THINK I CAN CONFIRM THAT THEY'RE VERY MUCH INTERESTED IN INCREASING THIS OPPORTUNITY IN OUR IN OUR BACKYARD. I REALLY APPRECIATE THE TIME AND ENERGY STAFF TO TOOK TO JUMP ON, GRAB THIS BULL BY THE HORNS AND MAKE IT HAPPEN IN IN OUR CITY. I THINK IT'S GOING TO BE A GAME CHANGER TO TAKE AN UNPRODUCTIVE TERRITORY AND MOVE IT TO ONE OF OUR OUR CITY STRENGTHS. SO THANK YOU VERY MUCH.

>> THANK YOU. >> MAYOR PRO TEM. >> THE PAYBACK PERIOD FOR THIS IS THREE IS ESTIMATED TO BE ABOUT 3.3 YEARS. CAN YOU REMIND US KIND OF WHAT WE TYPICALLY SEE WITH THESE TYPES OF INCENTIVES WHEN WE GIVE THOSE OUT LIKE WHAT THE PAYBACK

PERIOD NORMALLY IS. >> FOR SURE. SO THEY TYPICALLY RANGE? I BELIEVE OUR LAST INCENTIVE WAS ABOUT SIX YEARS. AND SO TYPICALLY WE TRY TO HAVE A RETURN LESS THAN TEN YEARS.

>> SO THIS IS ABOUT DOUBLE WHAT WE'RE NORMALLY SEEING. LIKE IT'S BEING PAID BACK QUICK LIKE ALMOST DOUBLE AS AS WHAT WE NORMALLY SEE. YES MA'AM. DOUBLY AS FAST. I CAN'T PHRASE THAT RIGHT. ANYWAY. SO YEAH I'M REALLY EXCITED ABOUT THIS AS WELL. I MEAN, THE PARTNERSHIPS WITH THE UNIVERSITIES GETTING THIS PROPERTY BACK ON THE TAX ROLLS AND JUST ALSO HOW THIS PLACES ALL DENTON DFW AND SORT OF IN THE PHARMACEUTICAL INDUSTRY AND BECOMING A HUB.

AND SO I'M REALLY EXCITED TO SUPPORT THIS. THANK YOU. >> THANK YOU.

>> OKAY. ANY OTHER QUESTIONS FOR STAFF? I DO WANT TO JUST SAY TO TO MICHAEL WITH RYAN WHICH ONE'S MICHAEL. THERE YOU GO. I JUST I A BIG REAL BIG FAN OF BRANT RYAN AND THE WORK Y'ALL DO. AND SO THANK YOU VERY MUCH FOR YOUR EXPERTISE. I KNOW THAT THAT MEANS A LOT TO THE

PROJECT. THANK YOU. COME ON DOWN. >> YEAH, YEAH. THANK YOU SO

MUCH. >> I'M SO SORRY. I FORGOT TO HAND THESE IN. AND I DID NOT

WANT TO STEAL ANYONE'S PEN. >> YOU SHOULD HAVE HAD SENT ME DOWN HERE. JUST MAKE HIM WORK A

LITTLE MORE. >> I KNOW, I KNOW, HE'S I DON'T I DON'T EVEN KNOW IF HE'S IN THE UNITED STATES RIGHT NOW. THAT MAN IS ALWAYS ON THE ROAD. YES, SIR. MAYOR. THE COAT. I MEAN, IF MY WIFE WAS HERE, SHE'D BE TRYING TO PAY YOU TO GET THAT COAT OFF. I ABSOLUTELY

LOVE IT. AND, >> YEAH. >> IF I, IF I CAME, IF I FROM

FROM MY BUSINESS JOURNEY WITH THAT COAT ON. >> YEAH.

>> WAIT, BRITTNEY, CAN WE WORK THAT INTO THE INCENTIVE PACKAGE? SO, I MEAN, ESTEEMED COUNCIL, THANK YOU SO MUCH. YOU KNOW, THIS PROJECT IS VERY COMPLICATED. A LOT OF HURDLES.

I THINK WE'VE OVERCOME A LOT OF THEM, THANKS IN LARGE PART TO BRITTANY AND HER TEAM. I MEAN, THEY'VE BEEN ABSOLUTE ROCK STARS. I THINK BRITTANY MIGHT HAVE LOST A FEW YEARS ON HER LIFE. SO YEAH, WE STILL HAVE SOME STEPS TO COMPLETE. AS YOU KNOW, AS BRITTANY NOTED, THIS IS A PREFERRED SITE, BUT WE'RE STILL AWAITING FEEDBACK FROM THE TIFF APPLICATION PROCESS.

THAT'S VERY IMPORTANT TO THE COMPANY AS WELL. AND AND, YOU KNOW, WE'RE LOOKING TO HOPEFULLY ALL THE STARS ALIGN FOR, YOU KNOW, THE CITY OF DENTON AND I, I LOVE I LOVE THE CITY AND GOD BLESS TEXAS I'M FROM PITTSBURGH BUT I LOVE COMING DOWN HERE. IT'S IT'S ONE OF MY FAVORITE PLACES TO GO. YOU ARE JUST AMAZING PEOPLE. SO THANK YOU.

>> THANK YOU VERY MUCH. APPRECIATE YOU BEING HERE. APPRECIATE THAT. THANK YOU FOR

THE KIND WORDS FOR THE TEAM. THEY'RE DOING GREAT WORK. >> APPRECIATE IT. YEAH I MEAN JUST ABSOLUTELY AWESOME. I WAS TEXTING AND CALLING BRITTANY LIKE NONSTOP OVER THE LAST FOUR

MONTHS. AND SHE ALWAYS ANSWERED ALWAYS AVAILABLE. >> EXCELLENT. THANK YOU VERY MUCH. AND IS IT JARED? JARED. YEAH. IF YOU CAN COME ON DOWN, PLEASE.

>> MAYOR, WE WANTED TO MENTION ONE MORE THING FROM THE PRESENTATION IS THAT CHRISTY FOGEL, CHIEF OF STAFF, AND BRITTANY SOTELO MET WITH SENATOR HAGAN ABOUT THE PROPERTY, AND HE HAS PROVIDED A LETTER AND SUPPORT TO EXPEDITE THAT REVIEW OF THE TEXAS

ENTERPRISE FUNDS. SO VERY EXCITING FOR THE PROJECT. >> GOOD. THANK YOU.

>> THANK YOU. >> YEAH. ANYTHING ANYTHING YOU WANT TO SHARE OR AND THEN BUT BEFORE THAT, JUST THANK YOU ALL FOR THE OPPORTUNITY TO PROVIDE INFORMATION TO BE CONSIDERED AND FOR THE WORK YOU DO. JUST MORE IMPORTANTLY JUST FOR PEOPLE. THAT'S THAT'S AWESOME.

BUT HONORED TO HAVE YOU HERE. SO WANT TO GIVE YOU AN OPPORTUNITY TO SAY A SHARE A

FEW WORDS IF YOU'D LIKE. >> OH, ABSOLUTELY. WE JUST APPRECIATE Y'ALL JUST, YOU KNOW, LISTENING TO AND AND DOING THE RESEARCH THAT YOU GUYS DO. SO WE APPRECIATE IT.

>> YEAH. NO, THANK YOU VERY MUCH. IT'LL BE A IT'S A GREAT AGAIN GREAT AREA I'M MEAN IT'S

[01:40:05]

BEAUTIFUL. SO REALLY EXCITED ABOUT THAT. SO THANK YOU VERY MUCH I APPRECIATE IT. YES OKAY

SO WE HAVE REPRESENTATIVE FROM DISTRICT FIVE. >> VERY EXCITED TO MAKE THIS MOTION TO APPROVE. AGAIN I WANT TO ECHO THE THOUGHTS OF EVERYONE ELSE. CHRISTINE BRITTANY, THANK YOU ALL FOR PULLING THIS TOGETHER AND ALL THE MOVING PARTS THAT IT TOOK TO TO MAKE THIS HAPPEN. AND AS ALWAYS, MISS CITY MANAGER, THANK YOU FOR YOUR LEADERSHIP.

HAPPILY MOVE APPROVAL. >> REPRESENTATIVE DISTRICT SIX. >> DITTO. AND I SECOND THANK

YOU SO MUCH. >> YEAH. SO WE HAVE A MOTION. AND SECOND, ANY OTHER DISCUSSION I, AS MUCH AS EVERYONE WOULD, WOULD SAY THE SAME. I'LL JUST ECHO WHAT WHAT OTHERS HAVE SAID. OTHERS ARE THINKING THANK ALL INVOLVED IN MAKING IT GO RIGHT. I DON'T KNOW WHAT HAPPENS BEHIND THE SCENES, BUT IT HAPPENS WELL AND REPRESENTS US WELL. SO THANK YOU ALL VERY MUCH FOR THE LONG DAYS, SHORT NIGHTS THAT GETS US TO THIS POINT. AGAIN. THERE'S WORK TO BE DONE YET, BUT TO BE AT THIS POINT IS I'M TRULY GRATEFUL AND IT'S GREAT FOR THE CITY OF DENTON. SO WITH THAT, WE HAVE A MOTION. AND SECOND, LET'S VOTE ON THE SCREEN. AND THAT PASSES SEVEN ZERO. THANK YOU ALL VERY MUCH. APPRECIATE IT. THAT TAKES US TO. OUR LAST

[D. Consider adoption of an ordinance of the City of Denton approving a tax abatement agreement with Novartis Gene Therapies, Inc. setting forth all the required terms of the tax abatement agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions to Novartis Gene Therapies, Inc. receiving the tax abatement; providing for a severability clause; and providing an effective date. The Economic Development Partnership Board recommends approval (9-0).]

ITEM BEFORE CONCLUDING ITEMS, WHICH IS ID 251872. CONSIDER ADOPTION OF ORDINANCE OF THE CITY OF DENTON APPROVING A TAX ABATEMENT AGREEMENT WITH NOVARTIS GENE THERAPIES, INC.

SETTING FORTH ALL REQUIRED TERMS OF TAX ABATEMENT AGREEMENT IN ACCORDANCE WITH THE TERM TERMS OF CHAPTER 312 OF THE TEXAS TAX CODE. BLESS YOU. JINX HIGH JINKS. YOU OWE

ME A SODA. YEAH. >> I SECOND THE MOTION TO GIVE THE.

>> OH, NO, NO. THERE'S NO THERE'S NO PRESENTATION. GREAT. OKAY. REPRESENTATIVE FOR

DISTRICT SIX. >> I'M HAPPY TO MOVE APPROVAL AS PRESENTED.

>> REPRESENTATIVE DISTRICT FIVE. >> AND BECAUSE I'M SO EXCITED ABOUT 150 HIGH PAYING JOBS IN

OUR COMMUNITY. HAPPILY WILL SECOND. >> REPRESENTATIVE DISTRICT FOUR

DISCUSSION. >> I WAS JUST I'VE HEARD SO MANY THINGS ABOUT THIS PIECE OF PROPERTY OVER THE YEARS THAT IT'S THAT IT'S GREEN AND IT'S GLOWING AND STUFF LIKE THIS.

AND MY QUESTION IS, HAVE YOU TWO GENTLEMEN SPENT MORE TIME THAN THE GUY IN THE BACK THERE, OR IS THAT OR IS HE THERE MORE FREQUENTLY THAN YOU ARE? I'M JUST I'M JUST WONDERING ABOUT

THE HAIRSTYLES. THAT'S THAT'S. >> OH, NO. MOVING RIGHT ALONG. REPRESENTATIVE FROM DISTRICT

ONE. >> I GUESS I ALSO WANT TO ADD THAT WE HAVE ALSO A VERY PROUD OF OUR MEDICAL ESTABLISHMENT THAT WE HAVE HERE IN THE CITY. WE HAVE TWO GREAT HOSPITALS HERE, AND WE HAVE OTHER MEDICAL PROFESSIONALS HERE IN THE CITY. SO I HOPE YOU ALL WILL ALSO CAPTURE THAT INTO YOUR CONVERSATION. YOU KNOW, AS WE'RE CONTINUING THE PROCESS.

THANK YOU. >> OKAY. WE HAVE A MOTION IN A SECOND. ANY OTHER QUESTIONS DISCUSSION. SEEING NONE. LET'S VOTE ON THE SCREEN. AND THAT PASSES SEVEN ZERO. THANK YOU VERY MUCH. GOOD LUCK WITH YOUR PROJECT. THANK YOU. THAT'S GOOD. ALL RIGHT. THAT TAKES US TO