Good evening and welcome to this meeting of the Denton City Council.

It is 6 32.

We do have a quorum, and today's date is December 16th, 2025.

So I'll call the meeting to order.

First thing on the agenda.

Let me get there.

Pledges to the United States and Texas flag.

Please stand with me if you're able.

Indivisible.

One individual.

Thank you.

And we have a presentation for the ICC IAEJ Electric City Award.

Okay.

I'll meet you down there.

Yes, I'm here.

But this is not this is actually on development service.

Would you like me to face this way or the concept?

Yeah, okay.

We have millions of millions of people watching.

No pressure.

No pressure.

Well, good evening, Mayor and Council.

My name is Amanda Wozniak, and I'm honored to join you on behalf of the International Association of Electrical Inspectors and our partner, the International Code Council to present a special recognition to the city of Denton.

Tonight, Corinth or Denton becomes the eighth city in the nation to receive the Electric City Elect certificate of recognition, joining an elite group of municipalities that have demonstrated a strong and sustained commitment to electrical safety, professional inspection training, and the highest standards of code enforcement.

This designation isn't simply symbolic, it reflects your leadership's decision to invest in the skills and capabilities of your inspection team to align your permitting and inspections practices with nationally recognized pathways and to put the safety of your residents and businesses front and center.

And cities that participate in the Electric City program, all these efforts combined to reduce electrical hazards, protect homes and commercial properties from fire risk, and strengthen community resilience.

By endorsing this program and giving your staff the support they need, you are not only protecting Denton today, but you're preparing it for tomorrow's growths, tomorrow's challenges, and tomorrow's technologies.

On behalf of the International Co-Council and the International Association of Electrical Inspectors, is my privilege to present the certificate to the City of Denton.

And you guys should be really, really proud of all the staff that came because they put their heart and soul every single day into this job, and it's a true reflection of the city.

So thank you.

Oh, that's great.

Thank you.

And this is presented to you.

Excellent.

And you yeah, they can and then introduce yourselves, by the way.

I'm sorry.

Amber Rogers, building official.

Gerard Hutzworth Mayor, I never get to do that.

So I'll Emily Loisell, Deputy Building Official.

Billy Uton, Assistant Building Official.

And so who can tell us how many how many inspections are we doing?

Uh who knows that in the realm.

So the whole group.

So we have health inspectors, zoning inspectors, and building inspectors.

So we do about 40,000 inspections per year.

So it's quite a bit.

It's a really great group of individuals you have on staff that put their heart and soul to every single inspection to make sure your city stays safe every single day.

So you should be truly proud, Mayor.

Thank you very much.

I appreciate it.

Give them a hand again.

Thank you very much.

Thank you so much.

And thank you for letting me be out your city process.

Thank you.

Yeah, all me.

Thank you very much.

Appreciate you.

So okay.

So we don't have any public speakers.

We'll skip that.

Take us to our um consent.

Or do we have let me get there?

Bear with me.

Yep.

No, it takes us to consent.

There were two items pulled.

Yes.

Okay.

Item E and W were pulled for a separate discussion.

Uh but I'll take a motion otherwise.

Representative from District 2.

I move approval of the consent agenda accepting items E and W.

Okay.

We have a motion and a second for the consent agenda, but for items E and W.

If we could vote on the screen.

And that passes seven to zero.

I will call item E first.

And that is ID 252186 consider adoption of an ordinance of the city of Denton granting JPI construction LLC noise exception pursuant to section 17-20 C3 F of the City of Denton code of ordinances with respect to sound levels and hours of operation for approximately 21 concrete street pores.

And then we say a little more about that.

32 foundation pours, concrete pumps, and generation to run pumps, lights, and related to construction and new multifamily development located at 3855.

Okay.

Is there a present no presentation?

No.

Okay, got it.

Uh representative from district two.

Thank you.

Uh I'm the one that requested a pull this.

Uh thank you, Mr.

Mayor.

Uh 3 a.m.

is is really early.

And for the I understand the rationale is presented by staff, and thank you, staff, for for that follow-up uh answer, but uh 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 a normal time.

There are folks that live all around that area.

Um I'm I can't support a 3 a.m.

uh noise reduction.

Um the 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.

Oh, representative from district six.

Um so I'm looking at the site map, and I'm wondering if someone can speak to would it be possible to um give uh the exception to the sound ordinance because we've got uh two of the four sides of the rectangle that have no one near uh it's just land, and so I'm wondering if we might find a compromise and say when you're around these multifamily uh complexes, uh please use daylight hours and then perhaps you know, as opposed to I'm just trying to meet in the middle trying to uh consider our citizens, but at the same time not impede progress.

Yes, uh if council chose to make some kind of exception like that, um we can definitely do that, but uh I will say that they are staggering and they're moving away from the multifamily as they do those pores, and so um some of their effort is to uh start the pores there and then gradually move away and increase that buffer distance.

Um but if council chose uh to want to increase the time and not do so early and in closer to those multifamily complexes, uh you can do so.

May I follow up with a question, Mayor?

Yes, thank you.

Um so is it uh and again I I didn't see the actual plans as far as what were um what is being proposed as far as what the materials were for this noise exception.

Um is it safe to say that the noise exception is needed throughout the property uh as opposed to you you're just saying the first stage will be right there next to the multifamily.

Yes, the yeah, I'm sorry to clarify the noise exception would be for the entire property.

Um my point was that they are preparing to do um phasing away from the multifamily.

So the greatest impact would be for the first couple pours and then gradually move closer to Mayhill Road away from the multifamily with future cores, lessening the impact they have on the multi-family presidents.

So have we ever, I mean, do we have any experience in saying please do the pores next to the multifamily units during the daylight hours, and then the noise exception is allowed for the other sections?

Um we we haven't done that in the past, but um we can we can include that if council chose to do so.

It would it would extend the core.

Okay, and again, uh, don't know if this is all possible or not.

I'm just trying to find creative ways to make the best decision.

Council mayor.

Um, the contractors actually here, and in conversations that we've had with them uh regarding the noise ordinance and preparing these documents, they have agreed to do the pores that are closest to those multifamily uh properties during normal working hours and reserve the before hours pours for the those that are farther away.

And perhaps with um 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 to think about that in writing.

Well, okay, that's uh fabulous and very much appreciated.

That's amazing.

Thank you.

Yes, well, representative from district five.

What does first few pours mean?

How many are we talking?

So I don't know that first few pores 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 pores that are closest to.

Um I could get some more clarification on what the actual distance is for those, but they would be starting farther away for the um early hour pours, 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 0300 and 0700 anywhere on the site, whether it's close to the apartment complex or further away?

Um one of the um responses that I got to that question was that there would be two per week with about 10 total before our pores.

So do we know is that gonna be closer to 0300 or 0700?

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 phone do you 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, but it's approximately a 700 yards from any uh tenant or unit or uh 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 Prattamp.

Thank you, Mayor.

Um, I think this is about the third one of these we've seen since I've been on council, and and it's usually has something to do with um the heat of the day and concrete.

Is there a certain temperature or is it the sun that we're worried about?

Um I I imagine we're gonna see more of these, so I'm kind of curious if if there's a temperature considering.

So the ideal temperature for concrete pores is somewhere between 50 and 60 degrees, and just as long as it doesn't go below 40.

Um, 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 pores completed first because obviously that has to be done before a lot of the other things, like the vertical construction.

Um, and so it reduces the number of trips for concrete um trucks to the site, like number of days um that they're on site and uh 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 pores.

Okay, so ideal 50, 60, something like that.

We don't want to really see below.

Did you say 40 or 45?

Um nothing below 40.

Okay, thank you.

Representative from district one.

And then my um my initial concern was the noise level, the 70 decibels uh that we have here.

And I've gone into research what 70 decibels 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 um concern uh to anyone, but of course it is at three o'clock in the morning, but now we know that you can start that part very closer to Mayheel than you can.

So it sounds like to me that this is something that's doable.

Okay, anyone else?

Representative from District 6.

Um, I'd like to move that we approve uh item ID 25-2186 uh with the caveat that uh we have agreed in this meeting and we will be receiving in writing an agreement uh from the applicant to uh only utilize this exception and the areas uh toward the multifamily unit.

Uh and I would also like to extend my gratitude uh for both uh working with us, even though it may cost you something uh in order to uh try to make everyone as happy as possible.

So moved.

Representative from district four.

I second with the um with the exception noted.

Okay, thank you.

We have a motion and a second.

Any other discussion?

Seeing none, let's vote on the screen.

Passes 6-1 takes us to item W, ID 25244, 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, Lori Huhl purchasing manager.

Um tonight we're bringing forward a contract for our uh workwear.

Um we're seeking a vendor that was capable of offering a comprehensive and diverse catalog of workwear products, um, and that could demonstrate the ability to offer us a full service catalog, uh preferably online, um, to update their product lines when they become available online, and then um have customization options as a uh embroidery and screen printing, um, offer specialty items, um, including flame resistant clothing, high visible gear, and weather specific outerwear, and have availability across all sizes and fits.

Um we issued a request for proposal that was sent to 277 um prospective suppliers with 10 proposals received.

Um the evaluation team was composed of individuals from multiple departments, each member individually evaluated proposals based on the criteria set forth in the RFP, uh which included qualifications and references, implementation approach and methodology, staffing and price.

Um based on the evaluation done, incentive brands was ranked highest and determined the best value uh for the city.

Uh 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 three million five hundred thousand dollars.

Uh any questions?

Okay, uh no well I do, yes, but I I I want to give is there anything staff want to specify?

Obviously, my questions are known.

Thank you for the answers provided.

Uh 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, um I'm gonna proceed, but want to at least give you an opportunity to speak to those things.

Anything to share in advance of that or around the questions I ask.

Uh I don't think so.

Okay, great.

All right, so um we do have one card, uh, but before you only get one chance to speak, uh, so let me get my thoughts out so you'll have those.

Uh my concern to the to the my peers is this.

Uh if you uh looking at staff's answers and to my question on uh kind of the methodology and the language, I did not see that it um 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 uh staff noted the 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 right to me isn't compelling.

Uh then you talk about the materials and and those things needed and sourcing, and uh I I think that that's a valid point, but I don't know that I agree with the language uh and how that was communicated and what that how that would be uh weighted, if you will.

Uh and it's not, and so pricing wise, I think the the groggy dog came in a little lower, uh, but then so uh I looked at the objectively looked at the um values, and 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 the you look at a screen and then it flows through to the I don't think that's internal uh 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 gonna put forward is um a motion to um reject all bids and send it back out with more clarity, more specificities so that everyone can speak to the same thing.

Uh I just think that's important to have uh certainly I want the best person to have the best opportunity, but I do feel like um outside looking in, I'm not a professional, so you you know we we may disagree on the um 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 I just couldn't um sift out that um what was what was asked for uh was gonna be weighted the way it was.

So all that to say I don't do it every day, I don't order the shirts, I'm flying blind, but that's my that's my outside looking in feel.

So with that, the the speaker uh did have a card, and so um, there's one speaker with a card, so that's gonna be Craig Jan Jones.

If you can come down and give your name, you'll have three minutes.

Yeah, thank you, Mayor and Council.

Um 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 uh 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 items cited as differentiators for the higher scoring were online storefront functionality pricing transparency and public warehouse and product warehousing.

Uh 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 there.

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 pricings.

Uh these uh capabilities are just standard in our industry.

Uh, 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.

And stocking key city items had been communicated.

We could have leveraged our 30,000 square foot warehouse uh and ability to stock key items.

Uh we do this for many companies.

Uh basically groggy dog can do everything that incentive brands stated, had three three the three items they listed as differentiation points and 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 and 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 worker, city employees than driving to Plano and back.

What the difference between the first and second of the three points um it's it's very small.

Keep Denton dollars in Denton.

Thank you.

Okay, thank you.

Um representative from District 6.

Um, I have a question for whomever can answer it.

Um 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 uh at groggy dog versus uh the other company or can you just highlight uh what went into the decision?

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 gonna deliver the item.

Um 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.

Um we do ask for these are the number of items that we would like to award, and uh 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 a hundred items that were requested, Groggy Dog could.

Um, 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.

Um so that is how it was selected.

Um 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 you is that everything?

Okay, any other questions for staff or any other comments?

Seeing none, uh then uh yeah, I I think that's all true.

And again, I just would point uh to the information uh provided to us in the question, and uh and I don't question the value evaluation, I don't question any of those things.

I just as a lay person reading this, um I I don't know that it says it clearly says you're gonna be weighted in these things, and and and then to say you included something you know that wasn't solicited or it went above and beyond that 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 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 it to request any clarification items, and then that information is shared with everyone who is uh for that process uh to come through.

So there is a period where you can ask for clarification or any other uh 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, uh can help the vendor for future proposals.

Yeah, okay, Mayor Pratin.

Thank you, Mayor Christine.

Um if if we were to bump this back to sort of restart the process about how long would that process take?

Uh RFP processes take an average of 90 to 120 days.

Lori says a little more.

Yeah, something like that.

Okay, thank you.

Representative from District 2.

Thank you.

I had I just similar question.

How how urgent um is our need for these products?

Um currently we do have a contract with incentive brands for this item they've held up for the last five years.

Um 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.

Um 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 I would think my only option is to uh reject all bids which we've seen before and and send it back out.

That's I you can't circumvent it and select a person from the day, so it's more just going back out and coming back with with uh proposal.

And yeah, so I just want to answer the question.

No, no, I appreciate that.

That's what I needed.

Thank you, Ms.

Mayor.

Yes, sir.

Uh we got yeah, no, go right ahead because it may be may add context to the process.

I mean, I want to be I want to be clear.

The council can certainly do what they want to do, but I 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 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.

There were some additional things that uh were more uh uh prominent in this bid towards Mustang appeal 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.

Um, but we can't change or arbitrarily try to lean it towards another an entity that it's 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 our 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 um I 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 or how the tabulation was with the different uh staff that evaluated it, and it is what it is.

I I don't know what else to say.

By the way, it's up to three million five hundred.

It is not an award for three million five hundred, it's up to anyone else uh representative from district five.

Can you very briefly explain to me the protest process?

Um the protest processes they would email us uh so we 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 said we send them pretty much what your evaluation tab is in your agenda packet, so that gets sent to everyone that's 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.

Um 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.

Uh first, um, I wanted to ask uh the city attorney uh because this is something I I don't know.

Um following the process, choosing someone that did not score uh with what was put out.

I mean, does this leave us any legal vulnerable vulnerabilities?

Uh 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 um 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 um a viable contract for the council to approve without any requirement of changing the criteria in order to make it okay.

Um last question 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 uh so that we can have time to have a look at uh 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.

Uh normally we have to stick to the term that we solicited.

That's how they give us the pricing.

Okay.

So it yeah, thank you.

Thank you very much.

Okay, uh so we have a motion to reject our bids and send it back out.

Uh representative from district four.

Mayor I'd second your 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.

Yeah.

Okay.

Yep, vote on the screen.

And that mess that passes four to three.

That takes us to our first uh public hearing.

7A HL2502B, 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 Asia 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 a historic landmark designation at 3316 Roseland 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 2.9.4B, criteria 3, 5, 9, and 11.

So looking at criteria three and nine, uh, 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 Italian eight example and that Greek revival example at the bottom there, and then you get three three one six Rosaline Drive.

And then looking at approval criteria five, um, we have that pre-1880 construction on the lower left-hand corner of your screen, um, with that side gable hall and parlor style uh 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 Italian eight um influence addition to the front, which is circa 1910.

Um, and one of the really neat things as well is that it does have a stump foundation and portions of the property as well underneath the home.

Um lastly, the approval criteria 11.

Um, Dr.

Harold Brennholtz, he was the eighth owner of the property.

Um 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.

Um he helped, he was one of the original organizers of the Denton Lions Club, as well as served as a scout master in Denton.

Uh there was public outreach done um in November and October.

Uh there were 200 um in the within the 200 feet, there was 26 um mailed notices and then courtesy notices with 79.

Uh, we did receive uh one response in favor.

Um Historic Landmark Commission did recommend approval four 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 Protein.

I'd like to motion to approve.

Uh representative from District 2.

Second.

Okay, and this is a public hearing, so I'll open the floor for anyone that wants to speak publicly.

Uh you have an opportunity to do that.

Seeing no sudden movements, I'll close the public hearing.

And we have a motion and a second.

Any other discussion?

Seeing none, let's vote on the screen.

And that passes seven to zero.

Takes us to item B.

S2501A, hold a public hearing and consider adoption of 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, generally located on the southwest corner of the intersection of Sandpiper Drive and Abbott's Lane in the city of Denton.

And I'll open the public hearing.

Good evening, Mayor.

Members of council, Ashley Extet Associate Planner.

This is S2510, Joyful Journey Group Home.

This is a request for a specific use permit to allow group home use on approximately 0.4 acres of land located at the intersection of sandpaper drive and abbots lane.

The existing zoning is R3, and the future land use is low residential.

This business will operate as an assisted living facility serving up to six residents age 55 plus.

There will be staff on site 24-7 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 in 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 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 one to two 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 were posted in the newspaper on the website, and signs were posted on the property.

We mailed out notices to everyone within 500 feet.

We did receive two responses in favor, shown here on the screen in green, totaling approximately 11% of the land area within 200 feet.

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 uh six, and I do have one card, but representative from district six.

Thank you.

Hi, uh council person.

I've got just a couple of questions.

Um first, and forgive me, there was some uh questions in the backup that was uh 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, uh, 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 SUP.

So for elderly uh specific.

Okay.

Second question is um on the um on the map that was given to us.

It well, sorry, the um uh uh plans for the home, it showed five bedrooms plus a staff room.

Other online resources indicate three bedrooms.

So um 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 look 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 is 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.

It I believe that it does look like this today, and the work has been completed.

Okay, and is there any inspection uh that's done before?

Yes, we once what if this SUP 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.

Um, so we will go inspect to make sure that is done, and they'll need at least one accessible restroom within the house also.

Wonderful.

Thank you so much.

I really appreciate you.

Okay.

Uh representative from district four.

Thank you.

Did I understand that it that it has 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 they've actually already applied for the CO, 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 SUP 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 required a permit that has not been permitted.

I believe that the 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 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 it.

Okay, so I am I hearing then that the work was done without a permit.

Yes.

I see.

Uh are you able to to tell us the address?

800 Abbots.

Okay.

Is that on the corner, Abbots and uh Sandpiper?

Yes, it is.

Okay.

Thank you.

Okay.

Uh room Mayor Pratin.

Just real quick.

Um, 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.

Uh before we bring the applicant up, I I do have a question.

Was there another application for this?

Was another use submitted and then denied.

So when applicants submit the CO, generally it comes in as assisted living since that is what their licensed as.

Um 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 SUP is limiting the number of residents to six.

Um, a group home could have more residents than six, but this SUP is limiting it to six.

Um 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 a 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.

You you okay, got it.

Okay.

So the uh 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 Heffman, 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.

Uh to pick up on, yeah, representative uh representative district four.

Thank you.

Okay, well, I'm 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.

Yes.

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.

Um, I'm sorry, two and a half baths.

There's a there is a uh just a uh toilet room, basically.

Yeah.

Thank you.

Um 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.

Um that you that seems like a lot of bedrooms per bathroom.

You mean the ratio?

Yeah.

Six six bed six bedrooms, which I guess means six people.

Correct.

And at least six people.

So I will tell you, I have um, 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 is yours a for profit business?

Yes.

Okay.

Thank you, Mayor.

Yes.

Okay.

Uh any other questions for the owner.

I I I do want to I do want to explore that a bit, and because it's first I'm 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.

Um no one, as far as from the real estate transaction, I'd have 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's been done?

When we when we when the house went for a sale and we looked at that home, that's the way it presented itself.

Right.

No, I'm 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 gonna be going up for sale, so I jumped on it before it actually went public.

Okay, I got it.

Okay.

Um got it.

That's all the questions I I have some comments, but that's all the questions.

Is this for the for the owner or just a just a general question?

Probably staff.

Okay, thank you very much.

I appreciate it.

Okay, sure.

Yes, and then we'll if another cut question comes up, please feel free, and you know the answer pop up, no problem.

Okay, representative from district five.

Thank you, Mayor.

And uh thank you, ma'am.

I think this question is for staff.

Okay, perfect.

Um as just stated, the owner said she owns the property next door and operates the same way.

Wasn't SCP 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?

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.

Um this one in particular, the SUP 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.

Um 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.

Uh I I appreciate that that we were trying to have rules and guidelines to allow uh 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.

Um I understand that there's a wide variety of housing types throughout our community.

Um, and I I 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 um 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.

Um I think ultimately what's gonna get me there is probably the the presence of the half bath.

So um I'll be supporting this project.

Okay, anyone else.

Um seeing none, I I'll just say this.

Um I could not get it in place for 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 um if I look at DK, the numbers, total market value, 474,000, 475,000 round up.

Uh, and it says that the previous owner is deceased.

May they rest in peace.

Uh this the house next door uh that they own as well, uh, market value 445,000.

The house next to that, which I'm assuming is a single family home, uh, 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 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.

Erigo, 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.

Uh, and so that to me is the problem.

These businesses and neighborhoods put pressure on single family homes.

And so I'm gonna 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 you leveraged against single family homeowners to say that uh it's a comp.

We we have somehow I have to arm and defend those that have homes that are valued at 285,000 uh in the neighborhood against homes that are valued at 500,000 because they use what you paid for it if you didn't know uh that first transaction because those are reported and they they leverage those numbers.

So I 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 aren't running businesses uh 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.

Uh and when they go argue their taxes, that hey, if you're pulling in this address uh on um on sandpiper or whatever, don't that you can't use that as a comp uh because it's it's not apples to apples.

So that's that's my concern.

Can't fix it today, but I am concerned.

Uh so we have a motion and a second.

Any other discussion?

See none, let's vote on the screen.

Pass a 70.

Takes us to uh our next item.

Let me get there.

Is this right?

Item CA2502A hold a public hearing and consider adoption of ordinance city of Denton amending the Denton Development Code amendment uh amendments include but not limited to uh subsection 5.3.1D maximum persons occupant occupying a dwelling and section 92 definitions related to term family, and I'll open the public hearing.

All right, good evening.

I'm Julie Wyatt, principal planner, and I am presenting um DCA 252A to you tonight.

Uh the request before you is to amend the text of the dent and development code in response to three bills that were adopted by the state legislature um last summer.

Um these three bills are related um to first um home occupancy, second, home occupation, and then um finally our notification and pro and um protest procedures.

Um staff has looked at this, and we are gonna be reckoning recommending approval because it meets the criteria for approval.

Um we'll just briefly go over each bill just to kind of familiarize you with what's in it, and then um, and then those um um edits to the dent development code.

Um so Senate Bill 1567.

This applies to cities like Denton with populations less than um 250,000, but has a college or university with a student enrollment greater than 20,000 um uh students.

Uh this prohibits regulating the number of dwelling occupants based upon age, familial status, occupation relationship status, or relation, but does allow those cities to regulate occupation based upon the size of the sleeping areas, specifically um one person per sleeping area that has a minimum square footage of 70 feet, and then you can add an additional occupant for every 50 feet over that within the sleeping rooms.

Um current denton development regulations uses that familial status as a basis for home occupancy.

And then use that spatial analysis, the one occupant per 70 square feet of a sleeping room, and then any additional for each 50 feet over that.

As part of this, we're also proposing some changes to the definitions to make sure this regulation is applied correctly, both in terms of what is a bedroom, and then also that family definition.

It creates kind of a separate class of home occupations, and that is no impact home-based business.

And cities cannot cannot regulate those or prohibit no impact home-based businesses.

For other types of home-based businesses, cities can prohibit some specific uses, as well as regulate things that could potentially impact the surrounding residents as well as neighborhoods.

Things like fire and building code, health and sanitation, traffic, transportation, waste pollution, scale, and then and then also some of those uses, things like alcohol sales.

In order to comply with the state law, a few changes in the dental development code were needed.

First of all, specifically in the table of allowed uses to make sure that home-based businesses are allowed in in all residential or all districts that could have a residential use.

No impact in the definition.

And then finally, House Bill 24.

This is related to notification and protest procedures.

It actually creates a few classes of zoning changes.

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 there's no that 20% protest that you typically find in rezoning and public hearings.

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 uh within 200 feet of the request, and that would require a majority of city council members to approve.

And then all other zoning changes 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.

Um, 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 um referencing the bill, and then finally updating the protest procedures for each um zoning type.

So with that, we looked at the criteria for approval.

Um, and we feel that this uh 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 um agenda item before you tonight on the code of ordinances to make sure this is consistent with the code of ordinances.

Um, and it is needed in order to ensure consistency with state law.

Um public outreach was done.

Uh newspaper out was um was uh published as well as a 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.

Uh it's a public hearing, so we'll open that.

And any questions for staff.

Seeing none, Mayor Protoum.

Appreciate all the time you all have uh put into uh making sure that we're compliant with state law, and I will move approval.

Representative from district two.

Yeah, it just is best practice to line up as best we can uh without confusing elements in our code, so I'll second.

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, we'll close the public hearing and let's vote on the screen.

That passes six to one.

Takes us to item Card me item D, which is MPC 25001, 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 plan community zoning district to master plan community with a base zoning district of mixed use regional and make a corresponding amendments to the Hunter Ranch MPC development map.

And I'll open a public hearing.

Good evening, Mayor and Council members Cameron Robertson, principal planner.

Um, as stated, this is a request for rezoning from master plan community um zoning district to a master plan community with a base zoning of mixed use regional, um, as well as amending some of the Hunter Ranch MPC uh maps, which were providing your backup.

Um it is currently surrounded by the Cole Ranch and the Hunter Ranch MPCs.

Uh the purpose of the request as stated was that rezoning.

Uh currently the uh MPC that it is zoned as, which was from 2008 and it's defunct.

Um, and there's also currently no but base zoning present.

Um so it would bring the MPC acreage to a total of uh approximately 3,180 acres.

Um looking at the approval criteria from the Hutter Ranch MPCs, specifically section 2.4.5E, it is consistent um with um 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 this public facilities to start the development as well.

Um specifically looking at the Denton 2040 plan.

Uh the future land use for that property is master plan community, including that uh within the Hunter Ranch MPC land uh land area does remain consistent with that future land use map.

Uh, additionally, it does support our additional um housing uh needs that we will need as Dent continues to grow.

Uh public outreach was done in November, and mail notices were sent to the 205 foot areas.

Uh we did not receive any responses in opposition or in favor.

Um planning and zoning recommended approval 60, and staff is recommending approval of the request as it complies with our criteria.

Uh section 2.4.5e 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.

Uh representative from district five.

Um, I assume that this land is far enough off the highway that improvements to 35 and frontage roads will not affect it.

Correct.

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 or the landmark, also known as formerly known as Hunter Ranch MPC.

Okay, I'm not sure I caught that.

Say that again.

So it is a rezoning request, and then as part of that rezoning request, it would the development map for that Hunter Ranch MPC would be adjusted to it include the parcel as well.

I see.

Okay, and and who is the current owner?

The Episcopal um 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, we'll close the public hearing.

And uh recognize uh representative from district five.

Thank you, Mayor.

I'll move approval.

Repres representative from district one.

I'll second.

Have a motion and a second.

Any other discussion?

Uh Andrew, if I could borrow you.

So I saw a notification.

Uh just want to recognize.

So we have our first home purchase sale there in at landmark.

First home sale contract this past weekend.

Yeah.

Excited to report.

Yeah.

Only 8,999 to go.

Just a few.

Yeah, we'll be here for a while.

So and so, how does that work?

Do they just the tell us where we are in the phase of of things?

Sure.

Yeah, Andrew Piper, Hillwood Communities 3000 Charl Creek Boulevard in Dallas.

Um, we are wrapping up our first phase of development uh on the single family side.

Uh we've had our first acceptance of uh our first sub phase.

We have four sub phases in phase one.

Um our home builders are buying lots this week.

Um they're starting models and they're starting to pre-sell homes.

So we should see model homes in the next two months up and running, and our grant opening should be uh this spring.

Got it.

And with first residents probably this summer.

Got it.

And and so and to keep it relevant.

So related to your new neighbors here, uh is that normal that that you sell lots before model homes?

Is that is that I mean, I'm just ignorant to how that works.

Yeah, we well, we need to sell the lots to the builders in order to build their model homes.

Um so they're always pretty anxious they can build them pretty fast.

So got it.

We'll see those goes up go up pretty quick 30 30 plus days.

Got it.

Yeah.

Representative from district four, you have a question?

Yes, please.

Good afternoon or good evening.

Yeah.

Uh so the first sale you made was actually to a developer to a builder.

Builders can write a contract for a uh a home coming soon, so it's it'll be a build job.

So they've they've signed a contract to purchase a home.

But the first use of that will be a model home.

Well, no, it was so we've got nine uh home builders, we'll have 10 models going up separately.

One of those builders to sign a contract for a home elsewhere.

Can you can you give us a brief history of the of this property?

As it relates to the property that we're reviewing.

Oh, yeah, sure.

Yeah, yeah, not in the beginning.

So uh as I understand it, this 20 acres uh owned by the um diocese uh was purchased from the coal ranch um kind of master plan um back probably 15 plus years ago uh for a future church.

Um they no longer um have found use for this tract of land, uh, and so they've marketed for sale.

Uh we currently have another contract to purchase, and so the proposal tonight uh 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.

Correct, congratulations again.

You and the team.

Okay, yep.

Okay.

Um did we do the motion and second already?

Yes.

Okay, let's vote on the screen.

And that passes seven to zero.

Takes us to uh item eight A.

Items for individual considerations A ID 252035 consider adoption of ordinance of the city of Denton uh determining the public use need necessity for the acquisition of approximately 10.416 acres of land and 1.283 acres acre territory, uh, pardon me, temporary construction easement located east of Hinkle Drive.

Good evening, Mayor and Council.

I'm Angel Delore, Senior Real Estate Specialist for Development Services Real Estate Team.

Also with me today is Capital Project Staff.

They're here to answer any questions you might have about project design alignment or construction.

Um the item before you this evening is neighborhood 5B Oakland and Oakland drainage.

So the city of Denton's 2023 bond program allocates funding for drainage and flood control improvements.

This includes land easement, right-of-way, and property acquisitions.

So the bond program included the neighborhood 5B and Oakland drainage project.

This project also meets the goals of the 2023 bond program.

So this project requires approximately 10, just over 10 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 green shaded area is the property to be acquired.

Well, the orange shaded area is a temporary construction easement.

City consultants estimate that just over 57 acres will be removed from the floodplain.

This is the current floodplain now.

And then after the project, you'll see the area in green is 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 all 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 2.

Um 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 a valid public use and necessary for the installation, continued maintenance of a regional detention pond to alleviate flooding flood, ah blah blahviate flooding and to reduce the floodplain as part of neighborhood 5B and the 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 the parcel to be acquired, the land to be acquired, and the temporary construction easements.

Okay, any questions?

Seeing none, Mayor Pratim.

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 70 takes us to our next item, which is 8B, 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 Seferino 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 Mosh Branch Sewer Project.

So 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 9,000 linear feet of sanitary sewer lines that are needed to serve the Hickory Creek service area.

Staff provoke propose 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 Mosh 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 acquired 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 imminent domain proceedings to acquire the property interest if necessary.

Here's the location of the project, which you'll see is the blue line west of Mosh 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.

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, this 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 uh Q4 of 2026.

We also have capital project staff available if 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 imminent 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 air the if you go to the slide that has the maps with the flood play flood flood area.

Yes, 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 when we approved them to have that second point of access.

That's my understanding.

That predates, yes.

Okay, got it.

All right, thank you.

Um representative from District 2.

I'm just confirming the mayor's recollection.

That that's correct.

Okay, thank you.

Um Mayor Protein.

I move that the city of Denton, after having made the offers required by state law, use the power of imminent domain if needed to acquire a permanent wastewater easement and a temporary construction easement, generally located north of U.S.

Highway 380 University Drive and west of Mosh Branch Road, situated in Seferino.

We saw survey, abstract number 514, all in the city of Denton, uh, city and county of Denton, Texas, and more particularly described an 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 Mosh Branch sewer line project needed to serve the public and citizens of the city of Denton, and that the first record vote uh taken on this ordinance applies to all units of property to be condemned.

And here I'm displaying.

Oh, sorry, I think they're 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 of the discussion?

Seeing none, let's vote on the screen.

That passes seven to zero.

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 binding obligations as it relates to the developer and the future developers.

Uh good evening, Mayor and City Council, uh Charlie Rosenall, Interim Director of Development Services.

Um, this item before you today is related to the master plan community amendment uh that was previously in the public hearing.

Um this is for the uh Hunter Ranch uh municipal management district, approximately uh 3167-acre master plan community.

Um you can see here the type of housing there and the background related to that community.

Um as a reminder of the agreement structure, uh, the city of Denton has an agreement with uh Hillwood, the developers, the project agreement, and then the district hunter ranch is the operating agreement.

Um the item before you today is related to the project agreement.

Um the item before you today is related to the project agreement, um, and this is an amendment, a second amendment to the project agreement to add the 19.677 acre property um 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.

Uh Councilperson Jester, I'd like to move approval uh of the uh motion approval of the item as presented.

Sorry, this whole night has been finding words.

Yeah, no, you're doing great.

Uh yes, that always helps.

Representative from district five.

So I'll second.

Okay, we have a motion and a second.

Any other discussion?

Seeing none, let's vote on the screen.

That passes 70.

Takes us to item B.

Uh DCA25002 consider adoption of ordinance of the city of Denton, Texas amending chapter 17, property maintenance, article one in general section 17 2 definitions of the code of ordinance of the city of Denton to revise the definitions related to dwelling occupancy.

Good evening, Julie Wyatt.

Um, this is the companion piece to the Denton Development Code uh changes that that um came before you earlier.

Um, so this is to amend the code of ordinance related to the occupancy as and the um notification procedures to address that familial status to make sure our code of ordinances is also consistent with state law as well as the um the protest procedures for um the rezoning um cases that increase residential development.

That um that the uh state law um updated recently.

Um staff recommends approval of the request.

I'll be happy to answer any questions related to it.

Um thank you.

Uh representative from district two.

Thank you.

I'm just gonna make one recommendation to staff that because and I really appreciate the the response to Mayor Pro Tem's questions about definition of family and and all of that.

Um I'm just gonna I don't think we can understate how much we'll need to do some uh 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 I'm gonna encourage us to do extra proactive education.

Thank you.

And any other questions for staff?

Seeing none, Mayor Pro Tim.

I'd like to move approval.

Representative from District 4.

Second that motion and a second.

Let's vote on the screen.

And that passes 70.

Takes us to item 9C, 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, Verdnie Sotello, 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 at 90.

Background on the company on August 21st, Novartis and Ryan Tax were 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.

They're 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 serile packaging manufacturing.

Navartis has identified Ditton as a site for their radio ligand therapy and pharmaceutical manufacturing facility expansion of the U.S.

ROT pharmaceuticals facility.

They most recently announced ROT pharmaceutical facility in Carlsbad, California, and they're considering another ROT manufacturing site in the U.S.

in addition to Denton.

The site at the site they plan to manufacture Pluvicto and Lunathera, which is cancer treatment for metastatic prostate cancer and Gapnitz, which stands for gastrointrapancreatic neuroendoctrin tumors.

The company is seeking to purchase 2101 Shady Oaks Drive.

It's formerly operating by U.S.

Radio Pharmaceuticals, and the site has been non operational since 2009.

The facility is a 50,000 square foot of facility on 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 aesthetic enhancements.

In phase two, they will upgrade building one to convert to an office warehouse and renovate for modern use.

Building two, they will add an office production lab, an upgrade for specialized manufacturing operations, and they will upgrade a tunnel to transfer from building one and to the baronated bunker.

The baronated bunker will serve to retrofit for a 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 dollars 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 Dent County salary.

Our incentive proposal to the company includes a Chapter 312 real property tax abatement at 50% for 10 years for new improvements for a total of $2.3 million, a Chapter 380 grant, which includes a sales tax rebate at 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 has 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 uh app queue of approval, uh, 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 they this will generate this will exempt them $5.9 million over 10 years.

On the economic improved report, with net benefits incentives, we estimate the project to uh generate $4.8 million dollars over the course of 10 years for the city, $1.9 million for the county, $5.2 million for the school district, and $4449,000 uh for the ECTA with a payback period of 3.3 years.

Community impact, which is which we're most excited.

Uh, 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.

They're about 45 years ahead of us.

Um this would this is going to generate additional opportunities for the city of Denton.

Uh this will also create research partnerships and employment opportunities for UNT, TWU, and NCTC students.

Both UNT and TWU have great life science programs.

Uh, Dr.

Virgade at UNT has created the biomedical engineering degree program, and um he's graduated several students from UNT.

I most recently talked to one of those graduates, and they're excited about uh this opportunity that Novartis will be in our backyard.

This also adds a defunct property back to the tax roles.

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.

Um 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 in one for the city of Denton, but for the DFW and the state of Texas.

Within our incentive evaluation matrix, our scoring method for incentives.

Uh, this company application scored a 91 in the excellent range, and it meets multiple strategic plan considerations, including expanding the tax base, uh, spurring infill development and paying a living wage for all employees.

Our staff recommendation is uh consider adoption of an ordinance for chapter 380 grant and a 312 grant.

If you have any questions, Michael Fallaroni with Ryan Tax Firm is here who represents the company, and he actually worked on the hub expansion of North Carolina for the company, and Jerry Hudson, who is with Novartis.

Any questions?

Great.

Um questions for staff, representative from district two.

Thank you.

Is uh one of those live scientists in the academia.

Um I think I can confirm that they're very much interested in in uh increasing this opportunity in our in our backyard.

I really appreciate the the time and energy staff took to jump on and grab this bull by the horns and and make it happen in in our city.

I think it's gonna be uh a game changer to take uh an unproductive territory and and and move it to one of our our city strengths.

So thank you very much.

Thank you, Mayor Protem.

The payback period for this is three 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 10 years.

So this is about double what we're normally seeing, like and it's being paid back quick, like almost double as is what we normally see.

Yes, ma'am, doubly as fast.

I can't phrase that right.

Anyway, uh so yeah, I'm I'm really excited about this as well.

I mean, the partnerships with the universities, um getting this property back on the tax rolls, and and just also how this place is all you know, Denton and DFW, it's 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?

Uh I do want to uh just say to to Michael with Ryan, which one's Michael?

There you go.

Uh I just uh I I'm a big real big fan of Brent 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.

Uh thank you.

Come on down.

Yeah, yeah.

Thank you.

I'm so sorry.

I've brought the handies in, and I did not want to steal anyone's pen.

You should have uh had sent down here, just make him work a little more.

I know, I know.

He's I don't he I don't even know if he's in the United States right now.

I mean that man is always on the road.

Yes, sir.

Uh mayor, the coat.

I mean, if my wife was here, she'd be trying to pay you to get that code off.

Uh I'd absolutely love it.

And um give him the coat.

Yeah.

If I came, if I for my business journey with that coat on.

Wait, Brittany, can we work that into the incentive package?

Uh I mean, um uh esteemed council, thank you so much.

Uh I I you know, this project uh is very complicated, uh, a lot of hurdles.

I I think we've overcome a lot of them.

Thanks in large part to Brittany and her team.

Uh I mean they've been absolute rock stars.

Um, I think uh Brittany might have lost a few years on her life.

Um so yeah, uh we still have some steps to complete.

Um, as you know, as Brittany noted, this is a preferred site, but uh we're still awaiting feedback from the TEF application process.

It's very important to the company as well.

Um, and and you know, uh we're looking to hopefully all the stars align for you know the city of Denton and uh I love I love this 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.

Um, 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 the team, they're doing great work.

Appreciate it.

Yeah, I mean, I just absolutely awesome.

I was 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 and is it Jerry?

Yeah, you can come on down, please.

Mayor, we wanted to mention one more thing for the presentation is that uh Christy Fogle, Chief of Staff, and Brittany Satello met with Senator Hagen Boo 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 y'all for the opportunity to uh provide information to be considered uh and for the work you do, just more importantly, it just for people.

That's that's awesome.

But uh honored to have you here.

So want to give you an opportunity to say a share of free words if you'd like.

Oh, absolutely.

Yeah, we just appreciate y'all just you know, listening to uh and and doing the research that that you guys do.

So we appreciate it.

Yep.

No, thank you very much.

It'll be a uh it's a great again, great area.

Um I mean it's it's beautiful, so uh really excited about that.

So thank you very much.

I appreciate it.

Yes.

Uh okay.

So we have uh representative from District 5.

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, Ms.

City Manager, thank you for your leadership.

Happily move approval.

Representative from District 6.

Uh Ditto.

And uh I second.

Thank you so much.

Yeah.

Uh so we have a motion and second.

Any other discussion?

Uh I'll I'll uh as much as everyone would would say the same.

Uh I'll just echo what what others have said, others are thinking, think uh all involved in making it go, right?

I don't know what happens behind the scenes, but it happens well and uh represents us well.

So thank you all very much for the uh long days, short nights that gets it to this point.

Again, there's work to be done yet, but uh to be to this point is uh I'm truly grateful, and it's it's great for the city of Denton.

So uh with that, we have a motion at second.

Let's vote on the screen, and that passes 7-0.

Thank you all very much.

Appreciate it.

Uh that takes us to our last item before concluding items, which is ID 25187 to consider adoption of ordinance of the city of Denton approving a tax abatement agreement with uh Navartis 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.

We most jinx hix, you owe me a soda.

I second the motion to give them a oh no, no there's no there's no presentation.

Great.

Okay.

Uh representative from district six.

Um I'm happy to uh move approval as presented.

Thank you.

Representative district five.

And because I'm so excited about a hundred and fifty high paying jobs in our community, happily we'll second.

Okay, representative from district four discussion.

Um I was just I've 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.

Uh representative from district one.

Um I guess I also want to add that um we have uh also a very proud of our medical uh establishment that we have here in the city.

We have two great uh hospitals here, and we have other um medical professionals uh here in the city.

So I hope you all uh also capture that into your conversation, you know, as we're continuing the process.

Thank you.

Okay, we have a motion and a second.

Any other questions, discussion?

Uh seeing none, let's vote on the screen.

And that passes 7-0.

Thank you very much.

Good luck with your project.

Thank you.

That's it.

All right, that takes us to concluding items.

Any concluding items.

Representative from District 4.

Thank you.

Would you put my my graphic up on the screen, please?

Oh, oh, he's got a write.

Oh, Mr.

Ryson.

That is the Morrison milling corn kits sign.

And as you see right down here, I have found the O.

And it's right here, and I would like I'd like it to be repaired.

It's right there, right?

Yeah.

It's actually the O from the Morrison milling.

I've got it.

And and I don't see why there should be any hesitation in repairing one of the most archonic things.

Would you get that for me, Christy?

Why did you take it?

I didn't know.

He crawled up there and got it.

There it is.

It's carbon.

Yeah, that's something.

And uh it needs to be put back on the it needs to be put back on the sign.

Man.

So any any influence any of my colleagues have that could replace the O to its rightful place atop the uh the the mill there.

Thank you.

Thank you.

Representative from District 2.

Thank you.

Uh I uh my uh sister has a uh a birthday coming up before we we meet back again in council.

So I wanted to take this opportunity to wish my sister one of those um uh momentous decade long birthdays that shall not be named uh for a woman.

So um anyway, happy birthday, Belinda.

Uh representative from District One.

Oh, I just want to uh let everyone know that we do have some really nice updated changes to our utilities.

Uh that was a question that was asked by a constituent several weeks ago, and and then we come to find out that the utility department and customer service has made some really um good updated changes.

So we're looking forward to that information being sent out.

Uh, I guess in your next utility bill or something to that effect.

Uh so you all look for that.

Thank you.

Representative from District 5.

Just wanted to offer, of course, um, my Merry Christmas wishes and also happy Kwanzaa.

Kwanzaa is something that should be celebrated every day all year.

So happy Kwanzaa.

And congratulations to our dear brother Tony Salais on being in the interim chief.

Okay, Miss City Manager.

Uh just to let you know, uh, starting Friday afternoon, I'll be out of the office until January the 4th, using up some of the vacation time I have.

Uh, and Cassie will be in charge and wanted to wish you all a merry Christmas and happy holidays from all of us at the CMO.

And um and hope that you if you're traveling, you're safe and um enjoy your holidays with your family and friends, and we'll see you back here in January.

Okay, and and anyone else.

So much I I did have the opportunity to celebrate my oldest, if you can believe my oldest is 30, which is crazy to me.

Uh, but she graduated from um UNT this weekend, and it's what a 3.9, which is she yeah, that's important.

Yeah, that's awesome.

So it was great to be there, great to be at the super pit and celebrate uh and and spend time with family that way.

Uh then uh like everyone said, happy holidays, merry Christmas, Hanukkah.

All those uh whatever you celebrate, please enjoy your time off with family.

Uh that's that's really important uh to get that time in.

And uh I just want to take a moment to say as we go uh in this calendar year, uh just thanks to staff, uh to the executive uh assistants in the office and everyone that makes it go.

I I truly appreciate y'all.

I look forward to the the implementation of the half days.

I think that's hard earned, and and so it'll be a a good reward for all the hard work.

But yeah, I mean it's it's uh it's uh there's always a lot going on.

So thank y'all very much for all that we don't even know that makes it go.

And and and so with that at 8 19, we'll conclude uh tonight's meeting.