May 04, 2021 City Council on 2021-05-04 2:00 PM

Good afternoon and welcome to this meeting of the Denton City Council, it's a regularly scheduled meeting. Today's date is May 4th, 2021. May the 4th be with you, happy, what is it, be Pre Cinco de Mayo or Cinco de Mayo Eve. We do have a quorum so I will call this meeting to order. We do not have any calls on regarding the Consent Agenda from our citizens. So that will take us to questions for from council regarding the Consent Agenda. Any questions Councilmember Ryan. Item J on the Consent Agenda, the purchasing of the electric meters. I was wondering as because I'd raised the question a while back about smart home technology and some smart some of these smart meters. The resident can actually get a device that they plug in the wall and have real time monitoring. I was wondering if these have any smart home feature to them or ability or is that something that's coming. Okay. Councilmember Ryan, this is Tony Puente, if you recall we did send you a response I believe on that but our understanding is that the current technology that we have on the AMI does not have that feature. And not only that but I think the Zigbee component is probably an outdated feature that that's no longer available but our process is that we're in the process of reviewing the entire AMI system and will likely be coming back at some point here in the near future. So we can certainly build that into the specifications to make some type of smart, you know, application available to our customers across our entire system. Thank you. Yes, sir. Okay. Any other questions for staff regarding the Consent Agenda. None. Okay. So, then staff you know there's nothing pulled. So we'll just proceed as as normal this evening. That takes us to our first work session item, I'll call that it's it's 3A ID 21280 receive a report hold discussion give staff direction regarding the runoff election. If applicable, including locations dates and times. So there's no, no presentation I don't believe but but Rosa. Yes, Mr. Mayor. So, based on the unofficial results from the Denton County, and having spoken with them directly. There is no runoff required. So there's no need to discuss any polling locations for potential runoff. And so we were asking that the item be pulled from presentation. Great. So do we need a motion how do we are just because it's work session we're just good to move on. Perfect. Thank you. All right, and then that'll take us to 3B ID 21690 receive report hold discussion give staff direction regarding a request for resolution of the city of Denton, stating no obligate objection to LDG vintage ranch LP 4% housing tax credit application to Texas, Department of Housing and Community Affairs for for proposed new construction on vintage ranch apartments in Denton, Texas to provide affordable rental housing. Good afternoon, Mayor and Council, Danny Shaw Community Services. Before I show the presentation I just wanted to let counsel know that the developer representatives are also on the call should there be any questions at the end of the presentation. Thank you. So, as a reminder, this is the traditional process we have for our 4% or 9% housing tax credit applications to the city. This is a program that's administered by TDH CA, there are two types, this application is for the 4% non competitive. And so it just requires a resolution and no objection as a minimum threshold to be considered for that application to TDH CA. This is a policy, an application that's been approved by counsel in May of 2018. And it helped us to establish some expectations and streamline this review process to be considered as a reminder to counsel this is not a development agreement this is only a process for evaluating whether or not we would assist with the applicants application to TDH CA for funding for affordable housing. This is the location where the property is proposed, it's at 4500 vintage boulevard, and this is a map demonstrating what other multifamily is in the vicinity so as you can see there is none within the two mile radius here of the proposed project. This particular project, the developer is LDG multifamily, they have experience with apartment communities in Texas with over 8000 rental units. The proposed construction company is expert designs and they've constructed it multifamily across across multiple states and are familiar with the low income housing tax credit program as well. The property will be managed by capstone real estate services which manages about 3500 units in their portfolio, and in about 95 different cities. More information on these folks are in the app in the exhibits. This project is proposed to be 12 acres, it is multifamily 240 units with an average 60% AMI. They will do income averaging for this project. It is currently zoned plan development where multifamily is permitted, and this project will not be seeking a property tax exemption, it is expected that they will pay full property taxes through the entire life of the project. This is a view of the current design as it's proposed. Again they're going through the development process and are in the early stages. Now they are proposing units that would be between 815 and 1500 square feet with a mixed bedroom size from one bedroom to four bedrooms, as is shown here. And this is the proposed rents for those particular units on average. So the estimated rent of the 815 square foot unit, starting at $970 two bedroom. The average square foot is 1000 square feet with an estimated rent of $1100. Again, for the three bedrooms 1200 square feet with an average estimated rent of 1300. And then the four bedrooms 1500 square feet and $1500. The project is expected to be affordable for 30 years. With that, the option is to recommend that we move forward with the resolution, which would be on consent on May 18 or not recommend the resolution. Okay, thank you. Questions for staff. Seeing none. Any. Okay, Councilmember Armitage. Yeah, so I, I understand that we're just discussing the resolution and this is not about, you know, approving the project. I was just wondering though, since it's in that area, any word on the plan is for the distance distance from the apartments to gas wells in the area. If I can answer that. Yeah, yeah, that again that would be in the development review process and it's it's going through that process right now we're planning. Okay, thanks. Okay, any other questions for staff. Okay, any discussion. Councilmember Meltzer. Well, my direction would be to approve resolution. We need more affordable housing. It's great that we get a project that will be full, a full tax paying project. So I really see no downside. Okay. Councilmember Armitage. I support the project moving forward. Okay, so I do have a question and so it may be, Danny, I do have a little concern about the location and transportation to in front public transportation to in front, that sort of thing. Has that discussion come up, or obviously the areas developing but it's not a route that we traditionally travel, you know that sort of thing so I just have some concern about incentivizing to, to a lesser degree right I understand that, but just want to hear it, have we had a conversation about transportation in this area, how do we feel about if we need to service this area, obviously going to use of service model helps but it versus buses just want to get your feel for that. Yeah, we reviewed it. But maybe we could let the developer speak to what their considerations for transportation for the population will be serving. So Mitchell are you there. Not sure if they're on. Okay. We can certainly bring that question back to them as they go through the development review process and make sure that that's considered. We didn't have a specific conversation about this. I'm sorry. I'm sorry. Can you hear me. Yes. Hi, Mitchell. I'm so sorry about that I was pressing unmute my phone instead of the star six. But yes, I'm happy to answer that question. So in regards to public transportation. That's absolutely right. As of now there's no bus stop or anything like that that comes to the site. However, I do want to note that and talking with our asset management team, the vast majority of our residents to own vehicles and upwards of 90 95% of our residents do have cars and so we have not seen that be an issue in all of our prior developments. And also just with the growth of the I 35 quarter. We fully expect sometime the next few years that there will be some plan for public transportation at this intersection of 35 and vintage Boulevard. Okay, and and who give me a profile of your best you can write Mitchell, the profile of your tenants, what is that kind of what have you gleaned from your, your experience. Absolutely. I mean, from my experience our tenants are just hard working members of the community. Some of the occupations that they'll have are working for Denton County or for the city of Denton and local official positions. Working for the schools police departments auxiliary services, things like that. That kind of makes up the income range that we see for all of our tenant population that's kind of the draw that we have. And so, yes, that answer your question. Thank you very much. And then, Councilman Meltzer. Yeah, it's an interesting question to raise about the public transit. Do you happen to know what it'd be in the zone, where on demand service is going to be offered. I'm sorry, so can you repeat that we're on demand service is going to be operated. Yeah, I'm not sure. Who will know the answer to the question. But, you know, we're hearing from that they're extensively piloting on demand public transportation, replacing many fixed routes. So the question is, would this area be served by on demand public transportation. I don't know who knows the answer to that. Yeah, maybe, Danny. Is that something you would know or I'm a city, city manager. I can't. This is Sarah, the. I can't tell you and confirm that this particular area but they are working and doing pilot ideas, throwing out to pretty much do the on demand services in Denton. I believe they'll still have some bus service around the UNT area, but that's still in being decided and we should know more in the next couple of months a more confirmed plan but yes, the idea of on demand and if in the city limits area particularly some of the outside areas around outside between Denton and then the Louisville area would be on demand. And I'm searching the map right now just to kind of see but it's not pulling up right now if it's in the zone. Um, I feel. Yeah, I feel reasonably good about it. I know we go to Alliance Airport, you know, or we did at a time, you know, back and forth with the buses so I feel like that corridor is is serviced. I just kind of wanted to understand and make sure we were touching on that at this phase. So, okay, but if you could just at a later date follow back up with us on what you find and if we talk to DCT a kind of give us a thumbs up on that that'd be great. So thank you very much for the information Mitchell, and any other questions for staff or the applicant. And is there anyone I guess will say that there is support, generally so if you're, if you don't support the, the letter of support that's a lot of redundancy. Please give me an indication so if you're if you're against supporting the project moving forward for the credits please give me an indication. Seeing none. Okay. Thank you. Thank you. All right, that takes us to item three C, which is ID three, no pardon me to 02529 receive report whole discussion, give staff direction regarding and economic development incentive for ranch land foods, LLC. Good afternoon mayor and council, Jessica Rogers director of economic development, and I'm joined today by another member of our economic development staff Erica Sullivan and the CEO of ranch land foods Ken Davis is on the line with us as well. Give me one second, we will pull up the presentation. Okay, so the goal today is to get council direction regarding an incentive application that we received from ranch land foods ranch land is a food production and brand development company and has a distribution hub currently located in the Phoenix, Arizona area. Ranch land is committed to raising cattle cruelty free with sustainable ranching practices and they're known for their certified grass fed and grass finished Angus beef products. They ship packages to customers nationwide their focus is on their all natural healthy meat products they use no added hormones or antibiotics. They also serve as a third party logistics that's what that three PL stands for e commerce fulfillment center and other companies. They are seeking to relocate their corporate headquarters and distribution facility to North Central Texas and they became interested in didn't, because of our strategic location and that created them for ranch land the ability to expand their regional services. This particular project, and will be cited at 2421 I 35 east we know this is the former Miller building that's the image that you see on the screen right there. This facility would be converted to their corporate headquarters and be responsible for their distribution and shipping services, also as a central service a centralized hub for their three, excuse me three PL clients. As indicated by the applicant, and what in seeking incentives is to reduce the impact of their relocation and site improvement costs, and to encourage high wage job creation through company expansion. The application that we received from ranch land foods is included in your backup, but I'm going to summarize it here and over the next few slides talk about our analysis of that application. The first course is to relocate a corporate headquarters and distribution hub. They're in a stated policy targeted sector of a significant significant consumer of municipal utilities, in this case, electric. They do meet the strategic growth area of targeted. Excuse me strategic growth area targeted sector identified in our new strategic plan, which was adopted after the application but we felt that it was necessary to evaluate this application with that information as well and so we've provided the NAICS codes those are their industry codes that fall under connected didn't. The project does include a capital investment of $5.7 million of improvements and business personal property at the site, because it is an existing site, it does have a value already have about 3.9 million. The applicant provided information that they would be relocating or creating about 140 jobs with a weighted average wage of 69,000 just under $70,000 and a total estimated payroll at your 10 of the project of about 9.8 million. As always, we do a deep dive on the jobs and wages being created to make sure that they're in full alignment with our policy. We summarized the job categories there in the top chart and the estimated year that the job would be added in Denton, along with the total annual payroll that is estimated by year. The bottom chart and really weighs the information presented by the applicant against our policy so we look at the number and percent of jobs above the Denton County average. In this case, 80 jobs would be above the average. We also weigh it against the Denton County median wage in this case 90 positions would be above the median. We also look at our definition of high wage jobs which per our policy is an average of 55,000 for all jobs or 65,000 for 25% of jobs. This applicant will actually far exceed that and 57% of the jobs being created are actually above the $75,000 threshold. Again, looking back at our strategic plan alignment, and we identified three areas in the connected Denton in which this application was in alignment. The first was attracting new investment. This is a new company to Denton, and so certainly the appeal related to logistics and transportation and Denton had a lot of positives in that area to offer this prospect. And this is also a continuation while not directly in the West Park tours, it is adjacent to the West Park industrial area, which is really vital to Denton's economic growth. And then the last one is our center of excellence, and that's something long term that we're working on but the more logistics and supply chain management companies that we see here. The stronger that will be able to form this center of excellence as we work through the future with UNT, with TWU, with our other educational institutions to really become a hub in that supply chain and logistics area. Moving now to our policy, we review this against a number of sections and our assisting incentive policy. The first section is our general provision so there's something that we want to make sure that every applicant complies with. In this case, the applicant does meet the definition of creating quality jobs, securing a new customer for municipal utilities, and as a targeted sector of being a significant consumer of municipal utilities. Under priority considerations, and this prospect actually meets quite a few of those including promoting a business and community investment. I'll certainly let Ken talk to you about his company's involvement in the community but they do have a strong community tie here, expanding and diversifying the tax base promoting public private partnerships and investment. In this case, the developer and the owner of the property as well as Ken's group are making a significant investment in improving an existing property. They are increasing the jobs with wages above Denton County's median, they are increasing jobs paying over $75,000 a year, and they are encouraging people to build knowledge based jobs and generating new customers for municipal utilities. The specific policy funds that we'd be looking for for this incentive is a chapter 380 grant and loan you have specific criteria for those. And they meet three out of the five of our existing chapter 380 grant and loan criteria there on the screen. I won't repeat them because they're pretty similar to some of our other considerations. We also have what we consider other considerations which guide us and how we would develop an incentive package. In this case, you'll notice that second bullet point, which is that job based grants are considered for businesses creating higher wage or knowledge based jobs. And again we define higher wage as having 25% of the jobs, being over 65,000 or higher. We would fund, propose funding this incentive through the investment fund where they must, the applicant must meet two of three criteria in this case they meet the two criteria you see on the screen, higher wage jobs and recruitment of an industry sector target. I'm going to switch now to go over the incentive terms that staff is recommending. We took all of the information that I've said probably too quickly to counsel and just waited in our analysis did a complete evaluation and what we realized is that while this was a capital investment project, it looked a lot more like our job based grants that we've done in the past. So we actually developed a job based grant performance based for this applicant. It would be made up of three components. The first would be a relocation or expansion grant of $100,000 job based grant with an amount not to exceed $66,000 and a residency bonus for any employee that establishes residents in the city of Zetton of 52,500. So the total chapter 380 grant would be $218,500. If the applicant met all of their criteria that I've outlined, and that would be included in the contract. We might also be eligible for the DME economic growth rider. We think they're going to be very close if not just over the electric demand threshold for that project for that incentive so we went ahead and included that in our analysis that would have a benefit of about 197,901 over five years. So the total city incentives would be just about 416,000. This project is also eligible for application to the Texas enterprise zone program and stuff is recommending that we use one of our nominations and nominate ranch land foods to that program that could allow them a grant of up to $312,500. This summarizes some of the revenue generated from this project. It's hard to call it something in particular it's not quite ROI and it's not quite net revenue, but this was something that we had been previously asked to provide just to kind of summarize the net incentive impact. We do a full economic impact analysis and I do have that available if Council is so interested to go over that in more detail, but this is the more simple version and just kind of focusing on those direct impacts created by the project and so we would estimate a 10 year net revenue to the city of about $2.7 million. Of course with any project we always weigh costs and benefits in this particular project, we've outlined both qualitative and quantitative benefits on the screen we're talking about creating quality jobs, a pipeline for the university training programs and a reduction of brain drain recruitment and expansion of a company, certainly occupying or currently vacant building is something very positive for our community and then creating diversity in their tax base, our quantitative benefits again we're looking specifically at the fiscal impacts and not the total economic impacts of this project on the screen, but we would see an estimated return of about $2.7 million and I've broken those down. As you saw on the previous screen there in those last three bullet points. So to summarize all of that, we are proposing a five year performance based incentive with a total not to exceed amount of $218,000 with the components of a relocation grant, a stratophyte job based grant or a residency bonus. We would also recommend nominating these this project to the Texas enterprise zone, and if eligible they would receive the DME economic growth rider, we presented these to the economic development partnership board. Actually back in December and the board recommended this incentive package 820. And so before you today that we're seeking direction on is moving to the contract phase with the staff and EDP recommended options, modifying or discussing a new incentive recommendation or no incentive. And with that, I will stop talking and allow counsel to ask questions. Okay. And, and do we need to, does the applicant have anything before we go into questions or do you want to just just standing by to ask questions answer questions as they come up, what are your thoughts. I can is a wonderful CEO if he had anything that he wanted to share with counsel that I missed I certainly would allow him to do that. Okay. Ken, is there anything you would add before we start questions I note I think you're currently in Arizona so the climate matches so we're good there. Is there anything else you'd add. Hello, can you hear me now. Yes. Okay, wonderful. Well, I would like to just add or say that the overall scope of our relocation here in North Central Texas. I feel will have a greater impact as we continue to grow not just with this immediate transition, but also to the furthering of the expansion of where we're at right now. This move for us really starts really the tip or an initial stage of moving. While it is significant. It still is further going over the next 24 months, and why I say that is that the ability to expand beyond the incentives that are being presented, that we applied for. I think you'll see a further impact as we grow an additional building in the area to expand our distribution capabilities, not only into the local DFW marketplace, but also to cementing our national distribution capabilities, which we've already began to look at in expanding even to another 150 to 180,000 square feet, and hopefully right in this area. So, it's not to say those things to sway you anymore. It's just to help you understand that once we are in this area in the city of Denton. We only see us staying here longer and expanding. UNT for us is a great incentive. We work very closely with the universities in Arizona in our area to not only foster new employees, but also new training. We understand UNT also have the logistics program. These things are very important for us kind of making the decision to come to Denton. So, but I'm open to questions. Okay. Thank you very much. I appreciate the insight. So, questions for staff or the applicant. Councilmember Meltzer, then Councilmember Armitage. Hi, Mr. Davis. Welcome. We rarely get this opportunity. I'd love it if you would take a moment and just sort of tell us what kind of rank order, if you would, what were the factors that put Denton on your shortlist? Well, number one, logistically, the location, to be quite frank with you, we examined and ran some surveys in regard to local distribution, truck patterns, traffic patterns, the flow of both 35E and 35W getting into the major city centers being Dallas and Fort Worth. And then the accessibility to employment, to employees, having the ability to be very close to an area where there are the ability to glean from the college, but also to the community demographically and fiscally also matched our criteria. So, those were two of the major factors. Let's not include the fact that I've had two kids graduate from UNT. We'll put that on the other side of the burden. Random fact. So, again, for us, presented us with an opportunity to, very logistically, also some future works that we have coming up with Amazon on our 3PL, put this in a place towards Alliance to be very centrally located to get to any hub, not only for distribution, but local deliveries for hospitality, food service, and some of those other things as well. Would you mind if I ask a follow up? If you don't mind, I'm asking you all these questions about us, but like I say, it's a rare opportunity. Who in your mind would you say was kind of closest competition for Den? Yeah, I would say Decatur was very close and high up on the list. As far as the distribution hub, that would probably be the closest one. We looked at an opportunity also with the city of Louisville, but the dynamics of traffic and access was not as good as that Nordicator in that sense. That's really helpful. Let others ask you questions and I'll get my comments later. Okay, so first I just want to say, you know, I appreciate your commitment to organic practices and not using hormones and grass fed product. So anyway, that was something that stood out to me. I really like that. It also looks like, and I was wondering if you could just help me with this, and I know that we tend to ask for averages in terms of wages and not, you know, what's the lowest wage and what's the highest wage, but it looks like your lowest paying jobs are 32,000 annually, is that right? Correct, that would be right. Okay, and so that would be roughly a little more than 15 an hour. Correct. I think I want to say that we're closer to $17 an hour as far as our lower end warehouse or 15 to 17, so that'd be correct. Okay, excellent. So that was another thing that I really liked. I was wondering, I wanted to confirm that with you. I tried looking up to see and I couldn't find anything, which was good, to see if you all had one of those image agreements with ICE, and I couldn't find that. And the reason why I looked is because some, you know, distribution facilities or warehouses and the, you know, meat business do, it appeared to me that you didn't, which I saw as a plus, but I was just wondering if you could confirm that for me. And, and, and, and can, let me, let me say, there's no obligation to answer that that's not under this council's purview. So if you want to see. Well, I'm gonna, I'm gonna ask you to not interrupt me, Councilman Armitage. So that's not under our purview. And so, answer it if you are comfortable, but by no way is that a requisite. You're not obligated to answer that question. Sure. Well, and I don't mind answering and no, we do not. So, and we've never had to consider that. And thank you. I just want to say it is, it is, it's not a requisite for the city of Denton economic development policy, but it is for me. Sure. Okay. One of the reasons why I voted no to a previous economic development agreement and one of the things that really appeals to me about this one. So I appreciate that, that answer. And then finally, or actually two more, one kind of, can you speak to what's your sense of the percentage roughly of, of jobs that will be transfers from elsewhere and you know what percentage. Do you imagine will be new hires that you will be looking for here. That's a great question. And that has evolved as we as a company have gone through the process of announcing this transition to of course our staff in Arizona. And unfortunately, it appears that less than 7% of our staff from Arizona will make the relocation. I understand obviously with people having families relocating uprooting and the majority of our staff, you know, in more 70% of that operates on the distribution side. So, those are a lot of the jobs while they're while they're well paying people aren't as easily readily to move. But it looks like close to 90% of the positions that will be fulfilled at this location will happen right here in this area. There's a strong, from our perspective, there's a strong desire to start right here within depth, for obvious reasons, beginning to work easily, you know, traffic. And so we want to hold job fairs or things right here in this area to attract people that already live in this. I will tell you, we've been short time that, you know, I've been coming back and forth to get in from Arizona to recruit some very high profile executives in the meat industry. So we've been most of the staff that we have employment contracts with that will come to work for us are in that 80,000 plus range already, because we've already started pulling some employment contracts with some hiring executives that we either plot from other companies or hire new. Okay, thank you so much I really appreciate that. And just finally, a final question. Can you speak to the possibility of solarizing your rooftops is that something that you thought about and have done elsewhere. Yeah, that is I love that question that is a great question. And if I go too long on this answer because that's the heartbeat of who we are as a family when we first started, everything that we are looking to do is to be a sustainable company within the meat industry. I'm on several organizations where I speak to this in regard to mitigating the disinformation when it comes to the environmental impact in the meat industry, I'm a big advocate of that. So one of the things that we are looking at doing, even with another facility that we're building here in Texas, which is a full meat processing facility, unfortunately not in Denton, but that facility will almost be 85% self sustained from solar to water, water treatment. I'm very excited about that man regard to our distribution center, whether this facility which of course we don't own this building. So there would have to be discussions with the, the group that does own it is definitely something that we've already been looking into solar power on a new facility that we would have here in the area to keep our current employment stuff right here in Denton. So if we could build one or take one that's coming out of the ground. We would be actually putting solar on that facility. So, something we're very conscious of so I appreciate the question. Okay, wonderful. Thank you so much. Councilmember Johnson. That's fine. He's already covered the employment issue. Thank you. Okay, thank you. Any other questions. None. I have just one follow up from whatever one will have to can will have to factor in money paid in free to you and T tuitions we appreciate you. Thank you for, for that, but also from your location you mentioned other location for the meat processing and just generally the kind of travel back and forth. What is your anticipated if there is any use of the airport that's always important to us and just want to get your feedback if you've kicked the tires on that and if that's a method of transportation you see being useful for your industry. Not so much readily honestly I think that now of course we're making the wholesale move as far as the company, our facility in Arizona will actually close and debt and will become the main hub for our corporate offices. Now in regard to other distribution facilities across the country. I can see maybe some private aviation use as we prepare to put a facility in South Carolina. We have another facility in three years it'll be online in Reno, so I can see some, you know, potential use there as far as getting to those locations, but not on a traffic basis. Our meat processing facility. Our ethically, you know, sustain the processing facility is we're looking for that to be right here within the neighboring counties. We've already been in discussion. Because of the uniqueness obviously of a processing facility. We want to make sure there's no community impact in the different areas that we're going to so we're vetting all that right now but it is something that we've already been approved to move forward on as far as a process project but literally we would have trucks that would move from wherever that facility is bringing that product prepared consumer product into our getting facility. Got it. Okay. Thank you. And I'll just say not a question but I'll say to those watching and to my peers, the three PL component is really compelling to me understanding that pretty well and understanding logistics being the tricky thing that it is. I think that is a huge growth area and an opportunity that a lot of your partners will take advantage of because that you're obviously pooling of resources, kind of breaking down that supply chain better. And so that puts you in that that's a really great thing to read I was excited to read about that so I think that is that's fantastic. So, with that, kind of, I've heard kind of general support. And so we will go down that path and say, if there's those that have additional comments or dissenting opinions, I'll take those now. Councilmember Meltzer. I guess I'm really, really elaborating on support and just also agree in agreement with the way staff has looked at this. It's actually at least as much about our competitive dentin objective as the connected one. When it comes to just incenting warehouse operations per se us cold storage came without an incentive Lowe's 650,000 square feet that incentive I mean the kind of balls really rolling in that area for Dan where you don't necessarily have to set up cold Creek solutions was just announced 374,000 square feet. What's really appealing to me about this is that it comes with the corporate headquarters and boy if it just happens to be the case that, you know, this was influenced by people having been educated and then, you know, that that led to this decision in part. Great. You got to start somewhere. And I. The fact that it's that it's jobs based around the corporate headquarters which is, you know, harder to get for us really makes me supportive. I would, I would, and the fact there's no environmental or labor violations. But I think it's a kind of a cultural fit with the dent as well. I would suggest is just a measure that the PDP can consider for the future, I think you'll find in every finance textbook net present value that's very straightforward. But, but in any event, there's plenty of return in the house, however you measure it. So, I am supportive. Thank you. Any other comments. Any from any first time comments before we circle back. Seeing none, counseling or amateur. I just want to say, I am strongly in support of going forward with this. This was very much an objection to the Tyson economic development agreement, which is in a kind of a similar area of business, and this agreement it literally. Has positive marks in all for me, and my own personal litmus tests and the things that I hear from constituents, their, their concerns. This, this agreement has positive marks where the other for me had negative marks. So I'm really thrilled. And pleased to go to recommend staff recommendations and to give direction on that. Okay. Anyone else. Mayor protein Davis. I had a whole joke worked up about beef versus chicken but decided just to skip that and say, is a good project. It's a well crafted incentive that tracks our needs it tracks their needs and what they're bringing to town, and I can support it. Any other comments. Okay, well, staff you have your direction. So thank you very much. Great presentation. I'll echo Councilman melts a great great work and research and kind of organizing the numbers to make make it tell a story so thank you very much. Thank you Ken for your time. Likewise, thank you very much for our consideration. Yes. Okay. All right, that concludes item see, and that will take us that concludes our work session that will take us into our closed session. So let me call that then we'll set the room so we'll take a short break. While we set the room so I'll convene and close session at 2 46pm we will consider the following items, consultation with attorney under the Texas Government Code section 551.071 deliberations regarding real property under Texas Government Code section 551.072. We should only need about five or so minutes to set the room so let's, let's come back at three rounded up so 30. That's hard to do 305. Let's come back 305 easy math. Thanks. And welcome to this evening's meeting of the Denton City Council. It is 633pm we completed our work session earlier we're now into our regularly scheduled evening meeting, and sorry about being a few minutes behind. So, the first thing so I'll call the meeting order again 633pm. We do have a quorum, and the first order on the of the agenda is the pledge of allegiance to the United States and Texas flags, please stand if you're able. I pledge allegiance to the flag of the United States of America, and to the republic, for which it stands, one nation, under God, indivisible, with liberty and justice for all. Honor the Texas flag. I pledge allegiance to the Texas, one state, under God, one and indivisible. Thank you. The next item on our agenda section to this proclamations we have three proclamations this evening. The first is a ID 21667 proclamation to military spouse appreciation. So the end just by way of programming, I'm going to read all three from here, then I'll go into the work session room and present those and then we'll take up our. One public comment, and then we'll get into our consent agenda. So, this is the first one. And this is a proclamation by the mayor of the city of Denton, Texas. To all whom these presence shall come greetings, whereas military spouse day was first recognized on May 23 1984 to honor the heroes at home, who serve our country, just like their loved ones, by providing strength to the nation through their commitment and support to help keep our country safe. And whereas America's military spouses are the backbone of the families who sustain our troops during missions deployments reintegration and reset. Whereas many United States citizens take national military spouse day appreciation day observed this year on Friday, May 7 2021 to acknowledge the significant contribution support and sacrifices of spouses for their armed forces. And whereas the thou art my sister ministries trinity trinity United Methodist Church didn't county veterans peer network and friends will honor and commemorate the profound sacrifice of military spouses past and present with a special event on Saturday, May 15 2021 at 11am at the Trinity United Methodist Church. And therefore I Gerard hudspeth mayor of the city of Denton, Texas to hereby declare and proclaim May 7 2021 as national military spouse appreciation day in the city of Denton, and encourage all citizens to recognize all military spouses and their families and pay tribute to these unsung heroes on this day. So thank you very much, we'll give them a hand. I'll be in the present that shortly. The next proclamation we have is item be it's ID 2808 proclamation mental health month and children's mental health awareness day proclamation by the mayor of the city of Denton, Texas, to all to all to whom these presence shall come greetings, whereas the citizens of Denton County understand that addressing the complex mental health needs of children, youth, and families, families today is fundamental to the future of Denton County. And whereas the citizens of Denton County value their overall health and that of their families and fellow citizens and are proud to support observances such as a mental health month and children's mental health awareness day. One in five adults have has a diagnosable mental health condition, and only half of Denton County, parents are familiar with mental health services in their community, and whereas the need for comprehensive and coordinated mental health services for individuals with families within our community is a critical responsibility. There is a strong body of research that supports specific tools that all Americans can use to better handle challenges and protect their overall health and well being each citizen, local business school government agency, health care provider and faith based organization shares the burden of mental health concerns, and has a responsibility to promote mental health, mental wellness recovery and support prevention efforts, and whereas the Denton County behavioral health leadership team didn't county MHMR center United Way of Denton County, and the National Center for mental health and wellness for the total children's health of Denton County, led by cook children's through their unique partnership and prevention based approaches to to serving children and the adolescents, and effectively promoting mental health needs of children, youth families in our community. And whereas it is appropriate that a month should be set apart each year for the direction of our thoughts towards mental health education and support of treatment and recovery. It is appropriate that a day should be set apart each year for the direction of our thoughts towards our children's mental health and well being. Now, therefore I Gerard huts with mayor of the city of Denton Texas do hereby declare and proclaim may 2021 to be Denton County mental health month, and may 7 2021 to be Denton counties children's mental health awareness day in the city of Denton and encourage all citizens agencies organizations interested in meeting every person's mental health needs to to unite this month in observance of such of such exercises, as it will commit the people of Denton County to increasing awareness and understanding of mental health. The steps are citizens can take to protect their mental health and the needs appropriate and accessible services for all people with mental health conditions. Thank you. Appreciate that. See you. I'll be in there shortly. And our last one is item C and it's ID 21832 proclamation for drinking water week. Proclamation by the mayor of the city of Denton Texas to all whom these presence shall come greetings, whereas water is our most valuable natural resource, and whereas only tap water delivers public health protection, fire protection, support of our economy and the quality of life we enjoy. And whereas any measure of a successful society, low mortality rates, economic growth and diversity, productive and public safety are in some way related to access to safe water. And whereas we are all stewards of water infrastructure upon which future generations depend, and whereas each citizen of the city is called upon to help protect our source waters from pollution to practice water conservation and to get involved in local water issues by getting to know their water. Now, therefore, I Gerard Hudson, mayor of the city of Denton, be it resolved that by virtue and authority vested in me as my mayor of the city. I do do hereby proclaim may 2 through the eighth of 2021. Pardon me. And encourage all citizens to drink water often through the day and encourage those who are near and dear to do the same. So thank you very much. Congratulations. Okay, so I'm going to slide in there and hand these off, I'll be right back. Remember, Tim, I just like to comment that this, this could be a good inspiration for us to look after our watersheds, as we go into the, the new comprehensive plan. Hello, how are you? Very well. So here we go. We have some proclamation we read for you. And so we sure appreciate you for this cause and for letting us participate with you today. Did you have anything you wanted to share or say? Yes, thank you. Okay. All right. Thank you very much. Well, you have a great evening and please continue to let us know how we can help and support your, your initiatives. Pleasure to meet you. How are you? Very well here. So let's slide over to, is this okay? Yes. Is that all right? Okay. So here's a proclamation we have for you. Thank you so much. And we sure appreciate you. And then I just want to say thank you for the opportunity to support you. And then you have some stuff you want to share with us as well. Can I take this mask off? Is that okay? Yes. Yes. As you eloquently said, one in five adults and one in five children have a mental illness. And I just want to thank you and the council for your support. We're so appreciative of it. 167 residents in the city of Denton have a mental illness. And it's so important that you all recognize this month as mental health month because it's not going to stop. People are continuing to come into the city and your support is just paramount. And to stop the stigma. Yes. And to recognize that we need your help and we need you all to continue supporting us. And all the organizations work together tirelessly to help the individuals that need our help the most. Yes. And I thank you so much for letting me come today. Oh, thank you. And you're spot on. The stigma, removing that and then allowing open conversations to come forward is so critical. So thank you very much for your advocacy. Pleasure to meet you. Thank you. Yes, for sure. Have a good evening. Thank you. And go. How are you, sir? Yes, very well. I like that, Matt. So we have this proclamation for you. Sure. Thank you for your for your advocacy and for doing what you do to raise awareness, that sort of thing. And, and just really appreciate it. Yeah. Thank you. Yes. Anything you'd like to drink more water. Oh, yeah. Yes, that's good. Thank you very much. Uh huh. Okay. We'll slide back in. Okay. Thank you for that. The next item is a presentation from a member of the public. I'll call that item and while staff is pulling up that call and there is a presentation. So that is item 3A, which is ID 21820. It's Nathan Goldsmith regarding the traffic in South Ridge. Okay. Nathan, are you there? Yes, sir. Excellent. Thank you. And so you have four minutes. And, uh, okay. If you can give your name and address and then I'll start to time. And let me give you, orient you. So we do have your presentation. We're at the first slide, which is it reads South Ridge high risk traffic concerns and has a graphic there. So that's in front of us now. And so you'll just tell staff when to go to the next page and they'll advance it for you. Okay. If we could go ahead and go to the second slide. So we don't waste time that has the, uh, the high risk traffic in bold red. Perfect. Yes. We're looking at that now has the four bullets and the arrow there at the top and then the bullet. So yes. Okay. Great. Thank you, sir. Mayor. My name is Nathan Goldsmith. I reside at 1100 Abbots Lane here in the city of Benton. I want to thank you and the city council for your service and commitment to our community tonight. I'm coming before y'all to address some of the concerns that aren't necessarily recent for the Southridge community, but some that have been going on for over a decade. Um, and we decided that, um, we just needed to bring those to the, uh, the council, uh, the concerns and, um, and then ask for some results, uh, to fix some of the problems that we're having in the, uh, the, the expansion of the amount of traffic that we have in the, uh, in the area. Um, so again, thank y'all for, for having me. Um, yesterday evening, uh, we went out just for three hours to talk to the people along Pennsylvania, uh, drive, uh, during that three hour period of time, uh, we spoke with, uh, 36 or excuse me, 46 individuals. Um, and if you look at the, uh, the public purpose petition registry that I emailed over to you and city council, uh, this afternoon, you'll see that there's a actually 42 that agreed with the, uh, the letter that was sent, uh, addressing you mayor of the, uh, the concerns that we have and the resolve that we were hoping to get from this. Uh, out of those 46 though, there were one, there was one that didn't want, uh, a 20 mile an hour speed limit. They wanted a 25 instead. Uh, there was one that didn't want any stop signs that believed that 20 miles an hour was appropriate. And then there were two that just didn't want to have anything to do with it. Um, so let me go to the, uh, the concerns that we have, uh, the, uh, concerns that we do have as a community, uh, is that the speed limit along Southridge community of 30 miles an hour is two greater of a rate of the speed. Um, we also have an absence, uh, on, uh, Pennsylvania Avenue, which is over a mile in length, uh, with no four way stops or no stop signs along Pennsylvania at all. Uh, the safety of our children and the adults that are the bicyclists. So the children when they get out of school, they're bicycling through the community. Uh, and there's also the adults that do their group rides through the community as well on the roadways. Um, the other safety is the amount of walkers. We have a, uh, an elderly generation, uh, of people. And then we also have the youth. They're also walking, um, around the neighborhood, um, at the, at the same time as the, as the elderly and in the mid range adults. And, um, the, the speeding that's going on is very, uh, alarming. Uh, the safety of the families as well. Um, there is an issue and I'll show it on a slide later, but there's been wrecks in trees from people going too fast. Um, so that again, if somebody's in their front yard, which is the front yard community, um, then you have the potential for these that are speeding through our community, uh, doing additional harm, not only to property, but also life, uh, safety as well. And so the, uh, the other thing that we wanted to bring to y'all as a city was to help us with addressing the issue of Teasley Lane to the state. Um, the specific, specifically between the 1700 block and 3100 block of Teasley Lane, um, not only for the speed of 45 miles an hour, which is too great, uh, but also addressing the concerns of the crosswalks that are improperly marked and, um, trying to get those resolved. Uh, there's also an issue with the, uh, the I-35 southbound exit ramp, not the feeder road, but the exit ramp where people are, uh, wrongfully using that ramp to turn down Pennsylvania Avenue. Uh, the other thing that we would like to see is a better presence of the police department here, uh, and also something where we could have better community events along with the police department and help us with the watch and awareness, uh, programs of the community. Uh, if you go to the, uh, the slide that says Pennsylvania Drive, you'll see the one-mile link, uh, it feeders between Teasley and, uh, I-35 feeder. Uh, the posted speed is 30. Uh, most people will tell you that they're probably doing more 40 to 50 miles an hour through here, um, and there's zero stop signs. Now, a little bit out of order, the I-35 exit ramp, which you'll see where the dot is. People are misusing that ramp and turning down Pennsylvania where there's not a ramp. Uh, the, the next slide, you'll see, uh, an imagery of that ramp and the feeder road and Pennsylvania Avenue is the road that tees into the feeder road on the bottom right quadrant of that slide. If you look just above that, you'll see through the grassy area the tar, the, uh, the tracks, uh, that go, uh, through the median there. Uh, this, the, the next slide is actually gonna be where the, the ruts, where they've done an amazing amount of damage, not only just to the, uh, the median and the, uh, the, the fill, but also the, uh, the curves. Uh, they're breaking the curves apart and, uh, watched a vehicle get stuck on that the other day and nearly get T-boned from a car going down the feeder road. And that's gonna be your time, but I, I'll allow, you know, if you could wrap up. Okay. So there are, I would love to answer any questions, but there are some, um, concerns that we do have with the, uh, the, the, the, the amount of people that are misusing our neighborhood to bypass, uh, stop signs or stop lights and so forth. Okay. Okay. We do have some results. I've sent that newsletter. Thank you. Yes. And, and so we have those emails. Thank you for that. Um, and if you could email your presentation, that would be good so that we can see, uh, what we missed and then hang on. We have a couple of questions. So, uh, council member Meltzer and then question from council member Armitage. So council member Meltzer. Yeah. First, uh, for staff, uh, can we have staff evaluate, uh, each of these suggestions and respond to their Friday report? Yes. Staff, uh, staff is already working on it. A matter of fact, Becky Duvene from the CIP engineering has reached out and, uh, our, um, uh, Frank Dixon, chief of police has already, um, said he was going to start beefing up patrols out there. So we will have a report for you this Friday. Appreciate it. And, uh, uh, for the caller, uh, you spoke in the plural, you, we, uh, just wondering what, what is the group that, that, uh, sent you or, you know, that you're leading? That would be the, uh, the community here in, in a whole, um, along, uh, in South Watt, we have a very, um, a very friendly community where everybody's involved with one another. And, um, I had mentioned before that this is not just a recent, uh, concern of the, the, the community, but it's been one, um, that has gone on for nearly two decades. Um, but mostly with Teasley. Um, but when I say we, um, uh, my wife and I and our, our son has lived here basically for 18 months and in that and getting to know the community and talking with people in the community and, um, and just doing life over the last 18 months and, and talking with the people of the community. There's always this driven concern about while you're outside, uh, even speaking with your neighbors or whatever that, that people just fly down the road and, um, there's some images where you'll see where people don't even stop for the Pennsylvania crossing at say Southridge. And there's actually grooves. It'll show where it's not, not just, there's one word there. You have trailers, but there's the markings of vehicles that are just flying through there and, and, and bottoming out on the asphalt. Okay. Okay. When I, when I do say we, it is the, uh, the community as a whole. And yesterday over that three hour period, I did only speak with the people along Pennsylvania and the people that were walking, uh, their dogs or, or so forth. And the other point was that we were trying to make is that this has been brought up before and the, uh, the things that aren't desired are sidewalks or designated bicycle lanes. Okay. Okay. And Councilmember Armitage had a question. Yes. First of all, I wanted to thank you for your excellent presentation. And just to say, this is a great example of effective community organizing. So any other, you know, communities that are watching, this is a great way to get things done. Um, I wanted to ask, uh, first just to ask a staff that, um, uh, after, uh, this comes out in a Friday report, if this could come before, uh, the mobility committee, uh, or, or come before council, it would be something that the mobility committee could look into. Uh, so what I wanted to ask of you is if you could, if you wouldn't mind, um, just, uh, uh, summarizing the, the, the remaining points that you were going to make in your presentation, I would love to hear them. Well, is that a, is there a specific question? I'm just, that seems a little open ended. It's, it's an open ended question. I'm just asking to hear the remaining points. I read the email, uh, and the petition and, uh, I would just like to hear the remaining points. We're going to be meeting. Okay. Well, Nathan, if you could summarize again, the overview, that'd be great. Thank you for sending the presentation. We'll fill in the details. But if you can give a brief summary, that'd be awesome. I think I, I believe, sir, that with the, and ma'am, I'm sorry, uh, that with the, with the community, we're, we can easily work with the city on how to address the speed inside of our, our, our neighborhood. Uh, but when it comes to Teasley, um, there, there's an issue where we really want the city to help us reach over to the state and, and have them have a difference of opinion, other than the fact that it's a farm to market road and that the city should have never, or the, the Denton Independent School District should have never built the elementary school and the junior high where they did. And so, um, and inside of that, there's a, the crosswalk issues. And so, uh, if the, if possible, if you go to the problems with the crosswalk, uh, I think we'll help a few things. Uh, the, the parks department over the last year had said that there, there's a consistency of having parking issues over at South Lake. And so one of the things is that a lot of people, uh, whether it's Joe Skills Lake, they won't, or sorry, Joe Skills Park won't allow their children to pass, cross over Pennsylvania Avenue because of the amount of speeders through Pennsylvania Avenue. But when we get back to Teasley, um, and that would be at slide, uh, 18, uh, you'll see the first dot and that's at, um, oh my goodness, the, uh, not South Ridge, it's, um, Savannah. And so at Savannah, at the Savannah intersection, it's really unique because you'll see in the, in the photograph following the slide with the red dot, you'll see that there's Teasley, Teasley Avenue, and then you have the sidewalks. Well, the sidewalks have the ADA, uh, ramps to allow you to cross Teasley, but there's the, the, the step ladder. Okay. For crossing there. And then there's also the signage that's missing. And so all along there, uh, we would really like to see that the, the crosswalks be addressed. Uh, but even at the same time, if you use the one that's on Longdale or Long Ridge, even though it's similar in function to that, which is across from city hall to get over to the, uh, the business district of downtown, uh, then, uh, they don't stop. They're, they're going 45 miles an hour and, and they're not really interested in stopping for the people that are trying to cross those at, at that one specific. And then if it doesn't have a light, well, you're just on your own on crossing. Yeah. Okay. Well, I've made a note of those two intersections and once we get the presentation, uh, that'll be great to, to sync those up and staff will follow up and see what we can do with respect to text dot and advocate for the neighborhood. So any other questions for the caller? Okay. Seeing none. Thank you very much, Nathan. I appreciate it. And, uh, and I'm sure one of the cars is a black Lexus NX. Just kidding, Councilman Ryan. Oh, there we go. So yeah, it's not you then. Okay. Well, thank you very much, Nathan. And we will, we'll get started on this. Uh, and if you don't know, we'll make sure you get a link to what's reported on Friday. If you don't know how to access that from the website, but it'll be out there for everyone to see. It'll be a good reference point as you talk to your other neighbors to kind of get update on where we are. So that's a great resource. All right. So that takes us to our consent agenda. Uh, and, uh, there was nothing pulled, no presentations. I'll take a motion. Councilman Ryan. We have approval of the consent agenda. Councilor armature. I second that. Okay. We have a motion by council member Ryan for the consent agenda second by council member armature. Any discussion. Okay. Councilman Ryan, how say you. Hi. Councilmember armature. Yes. Councilmember Baker. Councilmember Meltzer. Hi. Mayor Pro Tem Davis. Hi. Councilmember Johnson. Hi. Mayor Hutzpeth is a I as well that passes seven to zero. And that takes us to the next portion. Let me get there. The consent agenda. This is items for individual consideration. And what I direct the council to is to the email you received from legal that has the language for the motion. Obviously, there's going to be some specific language that we've seen in the past. So if you could pull that up, whoever makes the motion will need to read that specific language. While I'm calling the caption if you can locate that I'd appreciate it. And this is a five a it's ID two one dash seven one seven. Consider adoption of ordinance of the city of Denton determining the public use need and necessity for the acquisition of various one permanent water and wastewater easements to permanent electric easements and three temporary construction easements, generally located along interest in interstate 35 East East of Loop 288 north of US Highway 380 or also known as University Drive situated in the John McGowan survey abstract number seven nine seven. The Gideon Walker survey abstract not number 1330. The, the Memphis El Paso and Pacific Railroad Company survey abstract number 950 to Daniel Lombard survey abstract 784 and a J wall survey were all survey abstract 1433. Good evening. My name is Laura Morales, and I am with the development services department. Good evening. Real estate. I am presenting to you. This property location map displays the location of the project. This project requires a relocation of existing city utilities from their current location along the age 35 e frontage road into the new easements. The limits of the project are from Luke 288 to just north of Posto. The purpose in the background relocation of utilities within the interstate highway 35 right away are reimbursable by text on January 14 city council approved ordinance number awarding the engineering contract to Kimberly horn for surveying design utility complex and acquisition on January 12 2021 city council approved ordinance number 21019 as an amendment to the professional services agreement, Kimberly horn. Cobb family was subcontracted under Kimberly horn to negotiate and acquire the property interest needed for the utility relocation project in the event that negotiation efforts fail and an impasse is reached in order to avoid project. Finally, the approval of this ordinance will authorize the acquisition of the necessary property interests, using eminent domain with landowners being compensated in accordance with state law The survey exhibits are about 180 pages and I will be presenting to you after the slide for questions, the city representatives are pre temp dish milk and Chris Campbell from the utilities department project consultants available online is Michael from confidently for Eastman acquisition and Chris I go from Kimberly horn from the engineering contract. I will scroll through the survey exhibits parcel list. Okay, and if we could have a motion before right and we to the point we need to have the motion before we scroll through. Is that correct. Yes. Perfect. So if we could pull that down just briefly there we go. Is there a motion. Davis moved that the city of Denton after having made the offers required by state law use the power of eminent domain if needed to acquire various permanent easements and temporary construction easements situated in the john McGowan survey abstract number 797 they getting Walker survey abstract number 1330 the Memphis El Paso and Pacific Railroad Company survey abstract 950 the Daniel Lombard survey abstract 784 and the J world survey abstract number 1433 all in the city of Denton County of Denton and more accurately described on 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 necessary to provide the water, wastewater and electrical utility relocation adjacent to internet interstate highway 35 he to serve the public and citizens of the city of Denton. Thank you and I guess that you're not the screens not show sharing, Laura, so I'm not sure if that's if we'll have to thumb back through those but want to make sure we do put those on the screen. There we go. And now, you could scroll through. There we go. So two architects walk into a council meeting. Yes. It takes about a minute and a half. No problem. Almost there. Okay. Thank you. And do I, and do I have a second. Councilmember Baker. We have a second by Councilmember Baker we've displayed the documents, and is there any discussion. Okay. Mayor pro tem how say you. Oh, one moment please. Councilmember Armitage. Yeah, I was just wondering if staff could explain why we are, why we are going to this now to to eminent domain at this point. On parcels that we don't reach some type of agreement we will pursue eminent domain on any of the parcels that we don't reach an agreement. What, so why not try to do the agreements first and then go to eminent domain if you could just explain, you know, not just for me but for, but, but for the public. So, it, let me, I can add some context. This is this is authorized in an eminent domain it's not going to that it's exactly what was said. Well, I'm given an answer for public like you, you requested. So, that the for those from staff but well you didn't specify that but the answer is that the way it works for those watching is that this authorizes eminent domain, if we get there. If we do not, we, if we don't, it's negotiated just like normal, like any other land deal we've done this several times but if we are at impasse then it authorizes eminent domain so that the project can move forward in our in our partnership with tech stock. So, and then Laura you can add anything that I missed. No, that's, that's true. Okay, thank you. Any other questions for staff or generally mayor pro temp Davis. It's quick discussion in defense of the motion. It's only fair if we're going to use eminent domain and the law requires that we give notice that we're going to have that in back of the negotiations is only fair when we go out and have these good faith negotiations with landowners that we give them notice that we might use in the, in the future, their law requires us to give them that notice that way we're not laying behind the log negotiating negotiating negotiating then impasse, and all of a sudden we jump out with eminent domain. The law set up in a way to make it fair and transparent to everyone. So we do this ahead of time. When the domain comes into play, the council will vote on that separately. Later on, when and if it comes to that, if it never comes into play it never comes into play but we gave fair notice. Thank you for that. Yeah, so maybe just to put a finer point on my question so I, I understand how that works but of course there are, you know, real estate deals that the city makes things that we want to acquire for public use that we go into good faith negotiations with, you know, without, you know, considering eminent domain, and it does when when we do this I understand it's for transparency, but it, it puts quite quite a bit of pressure on on the property owners it's a very different situation. than just going into negotiations, you know, not even thinking about eminent domain so I that was kind of where my question was was coming from I don't need another answer I don't need to belabor the point but if I'm going to support eminent domain you know I need to know that is a an announcement of a possible eminent domain I understand we're not deciding on it right but but we're saying that it could be a possibility. I need to know why why we're why we're doing it and not going about it another way. Got it. I can tell you why I made the motion and support it, because there are times where we're negotiating for a piece of land that frankly we could live without, we're negotiating for a park we're negotiating for something that is a public use, but you know what if negotiations don't go through. We can't, we can live without that piece of land and we're not going to go use eminent domain to take somebody's to take somebody's farmland to turn into a park. If we don't have these easements it's not taking the whole land it's putting construction easements and utility easements on the land, if we don't have them. We can't put our power poles there, we can't put our water pipes there. We are out of luck. If we don't get these land deals through. So in fairness to the folks that we're working with, we put it out there. And if we can't reach a price to go, we can't negotiate a deal. We got to put our power poles there. No ifs, ands or buts because text dots making us move them over. So, we do eminent domain we put it out there, and we negotiate in good faith, if it doesn't work out. We use eminent domain and we put our power poles where we got to put them to serve our folks. Okay. And so we have a motion by Mayor Pro Tem Davis a second by Councilmember Baker. Any other discussion. Okay. Mayor Pro Tem, how say you. Aye. Councilmember Baker. Councilmember Armitage. Okay. So text dot is making us do this and so we are putting the property owners in this position because text dot has put us in this position. That's why I say Councilmember Meltzer. Something we have to do. Nobody likes it, but we have to do it. Councilmember Ryan. Aye. Councilmember Johnson. Aye. And Mayor Hutz with his eyes well that passes six to one. Thank you. Thank you. Takes us to our items for individual consideration section six on the agenda. Six a ID 21705 consider approval of a resolution, confirming revision to comment cards provided for individuals to come in at city council meetings and providing an effective date. Good evening, Mayor and Council. This is Rachel Bothert Mendoza going to pull up my presentation here for us. Okay. As Mayor mentioned, this is a just a really brief presentation on putting email address on public comment cards. Just by way of a little background for you guys in the public Councilmember Armitage presented a pending request to include a revision to the electronic blue card comment form to be revised to request people's email addresses. He provided information that detailed an optional field that allows the citizens to provide an email address so that elected officials can follow up, if you would like. Any email addresses collected from members of the public in this context must be withheld in response to a public information request pursuant to chapter 552 of the Texas local government code. This is a little mock up for you. I have included a snapshot of what it would look like for a member of the public as they're filling out one of the electronic comment forms. So as we can see the hope you can see my arrow here but the optional email address field is here under their name. And what we'll do this evening is we're presenting to you a resolution that will adopt the change in the procedure. I mentioned the resolution so this will approve the change to be applicable to the comment cards for council meetings. It specifies that email addresses shall only be used by council members and staff for the purpose of communicating with the purpose with excuse me with the person who submits the form regarding their comment. And should counsel give direction for public comment to be allowed in person again, the physical comment cards will also reflect this change. So if we have any questions, I am happy to take them for you. Okay, any questions for staff councilmember armature. I just want to say thank you for for putting this together. It made my, made me start all my heart, skip a beat to see, should council ever decide to come back to in person meetings of course you know we will someday and it'll be really nice when we come back to that and I like that. That that this plan, you know in anticipates carrying that over. So just thank you to staff you know for your, your work on that I think this, this will will help us get back to people get back in touch to people with people who communicate with us, if, if we want to. Sure. Okay, any other questions, Councilmember Meltzer. Good question, but it makes it makes eminently good sense. I think it's about time we zoom forward into the 1990s, and I move approval. Okay. Is there a second. Mayor Pro Tem Davis. I'll second, and I'm looking forward to this helping our transition to in person meetings as well. I have a question, or Rachel. So you mentioned that only elected officials can have access to it by by is that state law that is that what you cited. Well, so what we've done is it's just the procedure it's by it's by the local to 29 procedures as far as council rules go. And so it's going to be accessible to council members and staff. Okay, and then is that does that go carry forward so if I request it, and then I then have access and forward it to someone is that also prohibited. I'm not going to, I don't that question I'm going to defer to Aaron if he wouldn't mind, because we did put on there, specifically, council members and staff in the resolution itself. So I'd like to defer on that regard. Aaron to summarize does that prohibition carry forward, or can I use it as a mechanism and then carry it on to someone without basically circumventing that prohibition. Sorry, are you asking him whether you want to use it for some other purpose other than related to the to the item and the comments that were associated with an agenda item. That is correct. Yeah, so let's assume the initial motives of pure, I want to contact them and follow up but then also now I have their email and I want to, I have a group of these emails that I want to share. That's, that's what we want to get because you understand that this, you know when we obtain this this is a government record. And while there is an exception disclosure under the Public Information Act for these email addresses which these folks are going to be notified on the comment card. You have to be careful not to be using these for other types of purposes, for example, we just recently had an election. If this would have been in place and a council member or several council members, inquired into getting those email addresses to contact them in connection with the election, or then you couldn't commit an election code violation for using city resources for your a private, your private election purposes and that's what we need to be very careful about how these names, names and email addresses are used and so this way that we could that we could recommend to the city council is to use it just for the item and the comment associated with that because that's what the member of the public came to inquire or to provide their comments either for or against. And that's why they, why they spoke up or submit the comment card so that we're trying to recommend the council to keep it for its intended purposes and not let it start spin off in different directions where we may inadvertently get caught up with a violation of state law. Okay, so as it's written currently if I then use that email for campaign or other purposes, other than the purpose of the item, the spokesperson spoke, in your opinion, that puts you in conflict with state election law. I said that exposes an individual council member to a election code violation. Okay, ask you that that's the state that prosecutes. Great, just wanted to make sure. Okay. Thank you for that. Yeah, just asking another, you know, just follow up as a follow up i mean isn't that also true about any email to counsel. If an email to counsel is is used for, you know, campaigning purposes, then, or, and or city equipment is used. That is also a violation of state law so I don't, I don't quite see how this is any different. Can you explain. It's the same thing. It's just that here here you are now, the council is now those other emails that you receive from citizens, they initiate that themselves. Here, they're coming to that's it when we are back together, are we all are back together in the council chambers and people want to fill out a common card to speak and they leave their email address. You know, we're more or less you know we quit there, the information there for them to write down the email address so it's a little bit different than than the when they themselves are writing to you. But the outcome is the same if you use those emails if they wrote to you about a, let's say earlier the residents who spoke about the software is traffic concerns. If you accumulate those emails and started using it for campaign purposes election, you would expose yourself to a potential election compilation so is the same is just that there's a slightly different tweak. When it comes to how those email addresses are to one is a citizen initiated on their own mission is they have an issue they want to to write you all about the other one is that they're coming in the council and they wouldn't be giving you that email address but for now that it's printed on the paper and asking them if they would like to give you an address so in a way, we're soliciting that that information from them, then in the original scenario that you post. Thank you and say a councilman and this might be more of a question for Rachel, say it not a council member, a member of the public fills out a comment card but they don't want to include their email address that's fine right it's optional correct yes we made sure to include language and disclaimer if you will, that the email form, the email portion of the form is an optional field for them to fill in. Absolutely. Awesome. And this is a, just as another little bit Councilmember Armenture the the site that is in the resolution. It mentions that because of the Public Information Act, email addresses are excluded from that as Aaron mentioned. So if someone were to put in a public information request pursuant to that email address itself, it would be redacted. Okay, but not the comment right. Correct. Correct. Yeah, or the name, but the email address. Correct. Yes, that's true but physical addresses to right or no. I don't believe that's true for physical addresses, when, when you make a comment to council that that is part of public record. Okay, okay. Alright, that's the email and phone as well. I am not too sure about the phone number. Um, Aaron Do you know, right. We'll have to, is that something we can follow up to make sure we get it right. Just to make sure we have the right answer or Aaron if you know off the top your head, that'd be good. I'm going to defer to Catherine Clifton and as you work with Rachel on the side. Yes. Okay, so we'll get that answered I just want to make sure we get that right for those watching. Um, so we'll follow up with that. So any other discussion for staff. Okay, so we have a motion by counter melts are a second by Mayor pro Tim Davis. Any other discussion. Seeing none. Okay, Councilmember Meltzer how say you. Mayor pro Tim Davis. Aye. Councilmember Baker. Councilmember Ryan. Aye. Councilmember Johnson. Aye. Councilmember Armitter. Yes. Mayor Hutzpah says aye as well that passes seven to zero. Thank you, Rachel. Thank you. This is two six B, which is s to one. That's 0002 a consider adoption of ordinance of the city of Denton, extending the approval period for a specific use permit to allow for multifamily dwelling use originally approved via ordinance S 19002 a for approximately one point 15.567 acre property general generally located in north side of East McKinney Street, approximately 1130 feet east of north loop 288 and then Good evening. Let me pull up my presentation. Good evening. Okay, so this up. I'm Julie Wyatt senior planner with the city of Denton, and I am presenting s 21 dash 0002 a force crossing SUP extension. So the request before us to extend the approval period for specific use permit that was approved on July 16 and 2019 the request, the extension would be for a year, and the subject property is about 15 acres and you can see it's outlined here in yellow, and it. It is at the intersection of McKinney and Mayhill. So the original SUP s 19 dash 0002 a was approved as I said in 2019, it was for 288 multifamily units, and there were conditions associated with that approval and that included elements related to the site plan. 12 three story buildings 515 parking spaces, each building has a bike rack with space, each for three bikes to access access points, one to McKinney on the south side of the project, and then one to Mayhill on the east side. A community building as an amenity center with a pool 467 trees to be planted, and then also tree preserve areas. So in the didn't development code there is an expiration date for the approval of SUP s, and that is 24 months unless the developer has made a substantial progress towards completion. In this instance they have made progress towards completion but they haven't begun construction yet, and so they have had their final plat reviewed and approved and filed of record they also have their civil plans approved, so they have been moving forward but, but not quite in development code the the original approving body may grant an extension of up to a year for good cause. In this instance the construction was delayed due to some personnel challenges with the original development company. There is a new development company that's replaced that original company. However, they do need a little additional time to secure construction financing, as well as the purchase. So the staff does recommend approval of the request, as they have demonstrated that progress towards completion, and I'll be happy to answer any questions. I believe the applicant is on the phone if there are any questions as well for her. Hey questions for staff. Seeing none. Any questions for staff. I have a question for for those following along that may not make the connection. Help me understand the connection between a develop the development company that you said that exchange happened and the financing what what's the connection there, if, if that's not obvious to people. Well, the applicant may be a better, better person to answer that question. So, she said she was she sent me a message that she was having difficulty with the connection, but we'll see if she's Amy this it can you guys hear me. Yes. We apologize my audio is cutting out a little bit but I believe I what I heard the question was, you know, the, the reasons for the extension request or related to a change in development company and also project financing so there's a new development company that has the property in contract that had to go back through a process, and in order to be able to close on the property at this point in time I believe that they are aiming to close in June of this year. So, so I think you touched on it but I want to make sure I understand it so the original development company had financing that did not proceed as designed new development company has to come in secure new financing to proceed is that my tracking with you. Yes, sir, that is correct. Okay, great. Just wanted to clear that up so thank you very much. Any other questions. Okay, seeing none I'll take a motion. Councilmember Ryan have approval. Okay. Is there a second. Councilmember Johnson. Thank you. Thank you. We have a motion and a second motion by Councilmember Ryan second by Councilmember Johnson any discussion. Seeing none. Councilmember Ryan how say you. Aye. Councilmember Johnson. Aye. Councilmember Baker. Councilmember Melter. Aye. Mayor Pro Tem Davis. Aye. Councilmember Armitage. Yes. Mayor Hutzpah is as well that passes seven zero Thank you, Julie. And Amy, appreciate that insight. Okay, that that concludes individual consideration items, takes us to public hearings. First is seven a ID 21502 hold a public hearing, inviting public comment on the 2021 action plan for housing and community development. Good evening, Mayor and Council Danny Shaw Community Services. We have a brief presentation for the public hearing before you open it up for comment. Good evening. And let me do this let me open that because I'll forget. So I'm going to open a public hearing for item a ID 21502 So this opens up our public comment period for our 2021 2022 head action plan. We are required to submit submit to head a consolidated plan for housing and community development, which is the submission is required every three to five years, we elected to do a three year plan this year. And we within the context of that three year plan, we also have to submit an action plan annually. This action plan represents our goals for the second year of our consolidated plan. And it does describe our needs and resources and priorities strategies and goals, but a part of that process does include resident comment and community involvement in this planning. We have estimated the amount of funding available based on our prior year projections listed here, our total funding available was 2,603,330. But as of today, Council approved our second substantial amendment to our 2020 action plan, allocating the remaining balance of our CDBG CD funds so that the final action plan for 2021 22 estimates 1.9 million available for funding. This is how the funding is recommended to be allocated. Of course, some of its for administrative under the head guidelines that allows for 10% and 20% in the programs. And then we have allocated a recommend allocation to get an affordable housing court for rental housing acquisition program. Then our three city programs have been recommended for funding that provide homebuyer assistance and home repair assistance for households and homeowner households. This was born in 2000 for the grace like grain community village project for pre development costs to help them and get that project started. There were a couple of applications for city projects in low income neighborhoods the Sequoia Park playground and the community park improvements. And then our public services which has a cap of 15% as being recommended to be allocated to these four projects, the free summer camp program operated by the city, the Denton City County day school didn't county friends for shelter services, and then a portion of the funding that was remaining of CDBG for for a salvation army the rest will be put into this allocation in the action plan, if approved. Of course, these are the goals that we will attempt to meet with these funds that are as they're being allocated 82 units of affordable housing would be assisted in our second year towards the goal of 123 units. That means that 39 individuals or households be assisted. We might be experiencing or a risk of homelessness. And then, for our public services, that's 116 different households supported out of our 4500 goal. And then through the public facility projects and other almost 8000 households will benefit from the projects that are being implemented in those neighborhoods. Our next steps for action plan of course we're today. May 4 with our public hearing, and we are in the 30 day comment period. So the public has the opportunity to continue to comment through June 1, we would respectfully ask for folks to provide those comments in that timeline, so that we have good resident participation and feedback on the uses of these funds. If all goes well we will submit to Council and ordinance to approve the action plan so that we can submit that to head by June 15 which is the required date for us to submit to head. And we would hope to get approval from by August 1, and implement the CDBG and home project agreements by September. And then the remaining funds that are allocated through our grant process will be awarded through the general fund of budget approval by Council in September. And this last slide. I'll just leave it up for a minute. This is how folks can comment, if they're not able to to comment today in today's public hearing. They can certainly send those comments by mail to our new office at 401 North Elm Street at the Development Services Center. They can give us a call. They can fax comments. They can email comments to our community development email. And we also have a web form on the website that folks who would like to do that online can do it as well. And with that, I will take this down. Okay, thank you. Questions comments for staff, there's no action tonight Danny right that's correct sir it's just an opportunity for the public to give us any feedback, who might be participating on today's public hearing. Got it. We don't have any calls again any appreciate the multiple ways to contact us and I'll try it is that is the city manager can that be on our social media, we can share that on our city Facebook page is that perfect. Great. So I will make a point to share that as well. Okay. Well thank you very much. Great presentation. Thank you. That takes us to item B, which is a ESA 21 dash 0001 be hold public hearing and consider adoption. Well, let me back up for a second, procedurally, I'm going to close a public hearing on item, a ID 21502 we did not have any calls. Then, that concludes item a that will take us to item B, which is a ESA 21 0001 be hold public hearing and consider adoption of an ordinance of the city of Denton, Texas approving an alternate environmentally sensitive area plan for a site, generally located on the northwest side of the interstate intersection of Western Boulevard and Jim Crystal Road in the city of Denton, Denton County, Texas. And I will open the public hearing. And I'll turn it over to staff. Thank you. Good evening, Christy Upton, and I will be presenting the alternative ESA plan for the Exeter Martino property, as described in the, the, the project information. This project is in relation to a warehousing project that will be at the corner of the northwest corner of Jim Crystal and Western Boulevard, and is a request for the temporary disturbance of point four acres of riparian buffer ESA. Riparian buffer is associated with a tributary of dry fork of Hickory Creek, and it is in relation to this property the area in blue, and there are two upstream channels here and here that were found to not have riparian vegetation supporting those those channels so they are not riparian buffer ESAs. This channel coming from the north, it traverses this southern southwestern corner of the property and the impacts will be to that particular area of the riparian buffer ESA. The disturbance is for the point four acres, and that is to construct these stormwater outfalls. And the proposal is to temporarily disturb those areas to create the channels, and then to re-vegetate the same area indicated in that red with the native seed mix adapted to the, to a drain field. There were notifications were made and one neighboring property owner did respond in favor of the project. And the Planning and Zoning Commission recommended approval with the following conditions that were provided in your backup materials, and in relation to the success of these, this alternative ESA plan mitigation and staff did add one. Further recommendation since that planning and zoning meeting in order to support the project and the acceptance of the project. And with that, I will, I will stand for any questions. Okay, thank you. Questions for staff. Okay, and do we. Okay, so no callers. So I will close the public hearing, and one more time any questions for staff. Okay, seeing none. I'll take a motion. Mr. Ryan. Move approval. And I assume that is with the with PNC and staffs recommendations. Thank you, sir. And is there a second. Councilmember Baker. Okay. And you're okay with the conditions. Yes. Thank you, sir. Okay, so we have a motion by Councilmember Ryan for approval with conditions. Councilmember Baker seconds the same discussion. Okay, seeing none, Councilmember Ryan how say you. Hi. Councilmember Baker. Councilmember Meltzer. Mayor Pro Tem Davis. I Councilmember Johnson. I Councilmember armature. Yes. Okay. And Mayor Hudson with his eyes well that passes seven to zero. Okay, that concludes item B takes us to item seven C, which is s to zero dash 0008 be hold a public hearing and consider adoption of ordinance of sitting at city of Denton, Texas, approving a special use permit to allow for multifamily dwelling use of approximately 16.106 acres of land generally located on the south side of East McKinney Street approximately 530 feet east of the intersection of Mayhill Road and east of McKinney Street in the city of Denton, Denton County, Texas. And I will open the public hearing. I mean, I'm going to pull up the presentation now. Good evening. All right, good evening. My name is Carina Maldonado assistant planner. The case before you is s 20 dash 0008 for legacy multifamily and the request is for specific use permit to allow multifamily on approximately 16.106 acres in the R seven zoning district. There's an error on the slide but it just indicates that you know the property was annexed into the city in 2010. I mean the initial zoning for this property was established in 2012. That was the community mixed use general zoning district as well as well as the neighborhood residential mixed use 12. When we transferred to the new zoning in 2019 that then transition to the R seven zoning district. The overview of the site plan that is proposed north is actually on this side. So they are proposing six three story buildings, those can be seen blocked out in red. They're proposing 264 dwelling units. One two and three bedroom units to accommodate these units. There's a they are providing 519 parking spaces that includes both covered spaces and uncovered. It also includes 10 electric vehicle spaces. I mean, it also includes a reduction due to their proximity to transit. They do have a DCT a stop located less than less than a quarter mile to the east just across from Ryan High School. That is on DCT route three, I believe. In addition to that they are providing 20 bicycle spaces, as well as providing some internal bicycle pedestrian circulation that is shown here in the green color on the screen, as well as hearing orange. This is a six foot sidewalk on the south side of McKinney Street and a 12 foot or 13 foot, I believe is 12 foot mixed use path on the north side of East McKinney Street. And those sidewalk improvements are actually part of the East McKinney Street widening project that is currently under construction, which includes expansion to the roadway as well as utility improvements. And lastly, they are providing or proposing to access points to this site. The western most is their full access which would allow ingress in and out from both directions. And then the eastern most access is an exit only just to distribute traffic throughout the site without any conflicts. We're showing the landscape plan. They are proposing an increase of the minimum requirements they are proposing 41% landscape area that's shown in these kind of shaded areas that you can see here, as well as these central open spaces. They are also proposing 47% tree canopy. That includes street trees along East McKinney Street right away screening at the eastern access, just to screen those that those parking spaces that would slightly be visible from East McKinney Street. They are also proposing large trees within the parking lot in all and caps and islands. And you can see that here so there's a significant amount of tree canopy provided in addition to tree preservation on the site. That would be shown here outside of any floodplain. And, yes, a. In addition to that they are proposing a buffer between this site and on the west, where the new Texas Department of Public Safety building is being constructed currently. So they're proposing a separation with a six foot masonry wall. In addition to that, there's a fence to surround the development to ensure that any open space and floodplain is protected and not encroached upon by any residents on the site. Lastly, they are providing amenities such as a dog park that would be here to the east side actually, as well as the large courtyard area amenities like a resort style pool picnic areas and grilling areas. They are briefly touching on the conceptual elevations they are proposing an earth earth tone to their buildings. They're not exceeding three stories which is well within the limitations of the R7 district. Just another slide on the elevations. Just showing what's around the site. You can see here that you know on the east side there's an undeveloped property next to residential and then across the street there are some some additional tracks that are undeveloped. One would actually be part of the church that is across the street so is likely to remain church property unless that gets sold off for development at a later time. Next to the south the city owned that is parks own property. There is the intent to provide a trail. If you can see pecan Creek runs through that property and goes towards the west into the pebble brook open space. And so that that portion of property is intended for a trail in the future. And then the rest of the property as I mentioned earlier is the Texas DPS facility that's under construction. And then the remaining property is mostly single family residential. However, this is large track residential that's that's likely been subdivided by deed over the years so it's not a platted subdivision it's just existing residential that's remained over time. I will jump into the general approval criteria for the for this project. A lot of the criteria actually are duplicative between the general and specific criteria for an SCP, so I won't go into all of them. I'll just hit on the key points. First off, talking about the dent and plan 2030, which is our current comprehensive plan. I'm looking at the future land use designation, the property here is within the community mixed use designation that that area is for a mix of uses, such as commercial predominantly, but we're moderate to high density residential often complements those commercial uses. So the proposed development is consistent with the goals of the community mixed use designation. Furthermore, the site is also located in what our comprehensive plan outlines as a corridor focus area, and that can be seen on this kind of screen excerpt from the plan. The property is located around this area. And so it's located along that corridor focus area. So, per the focus area, it does encourage the use of multimodal transportation that can be seen by the internal bicycle and pedestrian circulation as well as connections to the north of McKinney Street with that future larger mixed use path. They are also proposing those parking reductions and increased landscaping. They are also ensuring that their development is oriented towards, you know, the public, the public right of way the public realm, as best as possible. And then lastly they are providing design elements in their concept plan to ensure that they're meeting the comprehensive plans table 4.1 for urban design principles. They also talk about their minimization of adverse environmental impacts. So you can see from this screenshot on the right that there is some floodplain that goes through the property, as well as a riparian buffer, just south so you'll see that it's sort of creeps into the bottom portion of the site. However, this development is proposing to stay entirely out of the floodplain. On the left, they're actually, this would be the boundary that they're staying out of but they're actually pushing it back even further. So it's about two acres of the sub of the subject property excuse me that would not be utilized and would remain open space and preserved. And then as you can see in this green area, there's some heavy tree canopy that they're intending to use to meet their minimum tree preservation and actually exceed their tree preservation. Last there's a couple parts within the site where there is tree canopy that they're also intending to preserve. One part of this is our seven and residential zoning so it would be moderate density would be permitted in these areas. So our seven does support that compatibility between single single family neighborhoods and higher intensity mixed use it does offer that transitional zoning between those densities. The existing residential to the north is off also buffered significantly as it's set back a lot of those homes are set back more than 500 feet from the right of way, they're beyond view so it doesn't establish a clear character of the neighborhood. So the proposed development does ensure that it is keeping to those minimum building heights. Those residential skilled elevations and design elements adjacent to this property consistent with the future land use in the zoning adjacent to it there is commercial and institutional uses which would be city owned property, as well as those undeveloped areas which would be restricted to use is permitted in the R seven or residential districts that would be like multifamily as well with an SUP, or if you know the development in the MN district were to develop that would that could also permit multifamily or other residential. And then we talked about setbacks maximum height of 40 feet they're actually proposing less than that at 37 feet, and they're well below the maximum building coverage that's allowed within our seven district. So, in terms of adequate public facilities, and they did conduct a traffic impact analysis for this site in the traffic generated from the site so as you can see it's currently undeveloped so there would be no fairly little traffic coming from there. And that would now impact the site to increase weekend trips up to 1436. So it's a morning peak of 95 trips and an evening peak of 116. However, East McKinney Street is a secondary RT arterial excuse me and it is under construction as part of that as part of that East McKinney Street widening project. It is to expand to a four lane continuous, but they continue the center turn lane. As I mentioned before it's going to include that 12 foot mixed use path on the north and a six foot sidewalk on the south. And also, there is connectivity to reach that bus stop that is within 800 feet to the east just next to Ryan High School. There was one recommendation from the TIA, which indicated that a right turn deceleration lane from the main access would be required and the applicant did provide that on their site plan. In terms of water and wastewater there are adequate facilities adjacent to the site that the development could tap into. Most of these improvements will be determined at a later platting phase but they are available for use. As I mentioned earlier, the property to the south as well as continuing on to the west is city owned parks property. So there is the Pebblebrook open space that's less than a quarter mile away as well as that open space to the south. They are not yet developed, however, I believe the anticipated plans to be determined are between three and five years in the future. In addition to that, the site does also provide those on-site amenities such as that community pool, fitness center, the dog park, landscaped areas and gathering spaces. And as with other improvements, any fees or dedication would be determined at a later phase. Finally, on this slide, we do talk, we did reach out to DCTA, I'm sorry, not DCTA, but Denton ISD, and we did identify the generation of students for this site. It would be approximately 79.2 elementary students, about 29 middle school students, and 42 high school students. DISD did indicate that although there is a significant increase in the number of students generated, that they could be accommodated. So we did reach out to the community within 200 feet and 500 feet. To this point today, we have not received any responses from the public. The applicant did not hold any neighborhood meetings, however, they did reach out to a few property owners individually to get their support. The planning and zoning did approve this project with staff conditions. Those conditions are outlined below, and they're mostly administrative, so these are things like allowing staff to approve minimum deviations in the landscaping plan, ensuring that the zoning map reflects approval of a specific use permit, and then ensuring that the design elements indicated on this plan, such as dwelling units, gathering spaces, parking access, and design can all be maintained, and if needed to be altered, just minor alterations within 5% would be allowable by staff. And with that, I can take any questions. Thank you very much. Questions for staff. Councilmember Meltzer then Councilmember Armitage. Thank you. Well, first of all, I'll just comment that it seems well buffered and, you know, it's helpful that the street widening is already in place. How precise is the determination of floodplain? It looks like the northeast corner of the floodplain has mapped. I mean, it just barely misses. Is it a reality that floods obey the map? There is a process for determining the boundary of the floodplain. In this case, this is an undeveloped floodplain. The applicant did complete a downstream assessment to ensure that the floodplain would not be impacted. But in terms of the boundary of the floodplain, that can be altered at some point if the applicant wishes to go that route. They are not required to have to do so if they're remaining out of that boundary. But certainly with any water course, it could change over time. The boundary is just indicative of the 2020 FEMA floodplain map. I think if I, you know, if I were them just as a practical matter, I might want a little more comfort than what that looked like. The park that's a quarter mile away, the average person walks four miles an hour. That's 15 minutes walk, not 10, which is our goal, but it's adjacent to this great big swath of city owned parkland. Is there any plan for there to be pedestrian access to whatever that becomes, to the trails that will be there? Currently the site plan does not show any connection to the future trail. However, that is something that if you wish to identify as part of this plan, I believe you can do so. Since there is no alignment for that trail, there really is no, you know, specific location to, I'm sorry. I'm just sort of affirming the trail doesn't exist yet. So it's hard to say you must connect to a thing that doesn't exist. I would be interested in making some kind of a condition, you know, that says connectivity will be pedestrian accessible connectivity will be provided when, you know, that becomes developed parkland. Yeah, absolutely. That is something that we could add as a condition of approval. I did speak out to the, or reach out to the applicant today to identify if that was something that they were interested in providing. They did seem amenable to that, to that request, but I don't want to speak for them and they're on the call. So, yeah, I anticipated it. Good. And lastly, what do you think or have to say about any potential impacts on the creek from this development? It's not my area of expertise. The most that I can say to the impact to the creek would be they did, again, do that downstream assessment to ensure that any drainage runoff as a result of the development would not negatively impact the surrounding properties. So that was reviewed. I'm not an engineer, so I can't really speak to the specifics of it, but if we do need to have that question answered, we could definitely have someone jump in on the call to answer that. Yeah, maybe, you know, we need to reach out to someone while others take questions. That would be great. Thanks. Or while others give questions. Okay. And just so I can track along, what is the question? What is the potential impact of the development on the creek? Got it. Okay, make sure you get that one. Okay, got it. Councilmember Armitage? Yeah, so I really like and appreciate Councilmember Meltzer's questions about the floodplain and the trail. About the trail, I would imagine that since, of course, these trails, you know, don't exist yet, that the city, as we plan those trails, would coordinate, you know, with the developer and kind of, you know, depending on which gets, I'm not sure exactly what their timeline is, but whichever one gets built first. You know, that there'd be some sort of working together. So I would hope that that would happen. I was just wondering about sidewalks in the area, you know, and walkability. Are there sidewalks currently there, or are they planned? Yeah, she touched on it in the presentation. Go ahead. Yes, no, that's correct. There is an existing sidewalk on the south side of East McKinney Street. It's currently under construction, and so I'm not sure if it's currently there, but it is intended to be there. A 12-foot mixed-use path on the north side of East McKinney Street, which would provide that connection from Ryan High School on through to the west. Okay, good, good. Yeah, because that's exactly what I was thinking about, the connectivity to Ryan. Yes, and it would be a mixed-use path that would provide both that bicycle and pedestrian. Excellent, thank you. You're welcome. Okay, any other questions for staff? Do we have some? Councilman Johnson? Am I correct in this? These apartments are directly across the street to the Pebble Creek Apartments, that they're directly facing each other, two sets of apartment buildings? No, this is not directly adjacent to Pebble Brook. Pebble Brook is to the west along, it's between Loop 288 and Dutchess Drive. This property is on the east side of May Hill, just south of McKinney. So that is the closest open space to the property. The property to the south, the city-owned, it's not specifically designated right now as park space or open space, but I believe that is the intent, based on the Parks Master Plan. Thank you. Okay, and do we have someone on the line that can speak to the creek? I don't believe so, however, the applicant is on the line and I believe they have their engineers and they should be able to answer that question. Excellent, if they can speak to that. We have Jack Trager as well as Jared Ernie on the call and I believe several others, so I'm not sure if they can unmute so they can jump in. Hello? Jack, are you there? Maybe he's unmuting. Can you hear me? Yes. Great. Great. Keyboard error there, but this is Jack Trager, the developer. Let me just answer one question real quick as far as the access to the creek. I think access to the trail that's going to be coming in the future, we'd love that. I think it's a great idea. I think it would give one more amenity to our residents, which I think is a fabulous idea. So I'm in favor of that as far as speaking to the creek and the impact there. I'm going to turn that over to Jared. Jared's our civil engineer with Kimley-Horn. He can answer that and speak to that point. Yes, this is Jared Ernie with Kimley-Horn. So we did do a downstream assessment to determine with the impact of this development that there'd be no adverse impacts to the floodplain to the creek from a water surface elevation or velocity standpoint. Okay, Councilmember Meltzer. I'm really glad that was done and that was anticipated. What did the analysis show? So essentially what's happening in that location is there is some floodplain entering onto the site around in the same area that Pima floodplain is. So when our development is placed in that area, if there's any kind of storage area that's being used up, it's being provided in other locations. And then with the drainage model, the culmination of that water coming back into the creek does not show the adverse impact of velocity or water surface increases above City of Denton's criteria. Okay. Any other questions? I do have one question, Jack. It's not directed at you, but feel free to speak to it. I guess, Karina, it's not directly yours, but you're on the hook. And then you can tell me, you can give me in the right direction. My concern is this on the timing for the trails in the back and connectivity with the apartment again, not knowing which is going to happen first, or how it's going to sequence. I want to make sure we, you know, if we have a situation where there's maybe people that are currently unhoused in the area, and we build and give access to the apartment complex, that then may be an issue until it's developed and that's managed. But I just, I just want to think out loud how we, you know, how those sequencing things happen. That's why I'm hesitant to make it a condition. I understand that the applicant is comfortable with doing it. And I think I'd take Jack at his word versus build something in, then if our timing doesn't work at the same time, we may have an issue where his residents are not feel as, I don't know, there's just those don't, it just, it would be a concern that if we don't time those things up right. Yeah, I think I think I can address that and I can, I could probably clear some things up. So if, if there was a condition to add that connection to the, to the extended trail to the creek. Really the responsibility for the developer would be to the property line. So if, and I might need to pull up the presentation again just to kind of show it on the screen. I don't want to do this as I speak, but they do show offense on their property so essentially they would still ensure that there's no one entering the property that shouldn't be there, as well as entering the city property that shouldn't be there. That's probably not the best slide let's go back a few. As you can see here they're proposing offense. If they were to connect a trail. As an example, let's say here, off to this corner down south, wherever the connection point might be determined to be. It would, it would stop at the property line. And so whenever the, the park trail is to be developed. The city would connect them from the property line to the actual trail so it would be the trailhead essentially. In that scenario, how would someone exit that they would, I guess that's what I'm saying during the construction. I don't, I don't anticipate the developer leaving a gate or anything if that's not in their plan. Yeah, absolutely. I believe that's something that it wouldn't significantly change the site plan that is something that could be addressed with the civil engineering plans to determine the final location and determine whether a gate would be provided here So it's it's pretty minor unless the council wants to see the exact placement of that trail. I'll defer maybe to Richard or to legal I'm not sure if I'm, you know, speaking out of turn on that. Got it. Okay, well if you can pull down. Yeah, no. So my can, my, my thought is, they're open to connecting. I take them at their word, I wouldn't want to make it a condition just because there's a lot of moving parts there and I want them to have freedom to to make the best fits their residents and the city and they see it as an amenity so they will connect up with it. However they see it serves their community best and gives them access so I trust their, their judgment on that but we'll see how how others feel. So any other questions for the applicant or staff. Okay, seeing none, and we do not. Okay, so I'm going to close the public hearing we don't have any callers Councilmember Meltzer. Yeah, I'm going to move approval with with recommendations in the presentation, and I think you may find this palatable, but with the added requirement that the developer develop jointly with staff, a coordinated plan for connection to a future developed trails in that parcel to the south. Okay, got it. Is there a second. Mayor Pro Tem Davis. Second, I like that they can develop a plan. It doesn't speak to exactly when the plan has to be implemented, but let's develop it, have it on the shelf and when we're, when we're ready they're ready. Perfect. Okay, so we have a motion by Councilmember Meltzer, we have a second by Mayor Pro Tem Davis comments. Any discussion. I'll just say this tongue in cheek, reflecting back on when I took my driver's test. I hope that wall to the west has bumpers on it. And I'd like to rent an apartment facing west, so that I could watch the new drivers. Sit out there that'd be free entertainment. So, no, I think this is a great development great, great use button up to that, and those that haven't that have not been there that that DPS office is looking good. You drive by it's it's coming along very well. So, okay, so we have again motion by Councilmember Meltzer second by Mayor Pro Tem Davis. Any other discussion. Seeing none. Councilmember Meltzer how say you. That's good to be pointed out that's another amenity. Yes. Mayor Pro Tem Davis. I Councilmember Baker. Councilmember Ryan. Hi, Councilmember Johnson. Councilmember armature. Yes, Mayor Hutzpah as well. Passes seven zero. Thank you very much. Thank you, Karina. Thank you. All right. Okay, that completes. Seven C takes us to. Oh, that's a little out of sequence I guess seven D. No, that's right. Okay, so 70 is seven. It's Z to zero dash 0014 C, hold a public hearing and and consider adoption of an ordinance of the city of Denton, Texas regarding a change in the zoning district and use classification from residential six, which is our six to light industrial district on approximately 12.69 acres of land, generally located on the east side of geese link road approximately 320 feet south of East University Drive in the city of Denton, Denton County, Texas. Yes. Maybe the presenter is muted. I think we have Haley's a girl ski here from planning to present she may be having some difficulty she was on. Yes, can you hear me. Yes. Okay, it showed it was unmuted but I guess it wasn't. Alright, starting from the top then. Yeah, it was a great presentation. Yeah. I'll try to keep it just as smooth and straightforward for us moving forward. Alright, so the request before you is a rezoning for the area in yellow on the map. It's 12.69 acres requested to change from residential six or our six to light industrial. The couple of things I wanted to point out to you while we're on this slide. This is part of a larger total 86 acre parent track which is includes this area here as well as this. So they're only looking at just under 13 acres out of the total 86. This area was previously preliminary plotted for single family development that's been a couple of years that project has since, since expired with this request so so they're now looking to change that original plan. This rezoning is also associated with the property across the street so this area in red is 23 acres that's currently has an ally zoning in place and they're looking to develop an industrial distribution center type use here and this yellow area would serve as supporting parking for that facility. So looking at that change on the map. You can see here the current are six zoning and the changed Li. This area as you can see does have a wide variety of zoning and land uses that are going on here so we have mixed use neighborhood zoning to the north, Li to the north and west of the property. There's a lot of rural residential that will touch on a little bit later in the presentation. And then here you can see some public facilities where we have a, an electric substation as well as residential zoning off to the east. So, as Karina mentioned we do have our 13 general criteria those were all detailed in your backup. I won't go through each of these, but we will touch on a lot of them as we go through these zoning specific criteria for approval. So the first of those criteria is consistency with our denton plan 2030. You can see on the map here the the subject property is predominantly designated moderate residential and that's the orange color on the map that is typically intended for single family and multifamily uses with densities from four to 12 units per acre. You can also see here the adjacency of business innovation, which is that kind of mixed use designation where we typically see offices research manufacturing and some supportive commercial. What's also important here is to notice this kind of transitional zone so the map shows predominantly orange but where our designations meet there's typically kind of a feathering where you transition from one to the other, and that does overlap onto this property. This fly of course is not consistent with moderate residential but it is consistent with that business innovation that occurs adjacent to the site. It's also important to look at some of the other goals within the comprehensive plan. This area is one that that staff had already identified as an area that we have a lot of inconsistencies and we have some conflicting goals and it's something that with our comp plan update we're going through this year we will be looking at addressing is that future land use designation for this this part of denton. One of those inconsistencies are with the diversity of uses and and zonings that we just looked at. There are a lot of non conformities if you notice these these parcels south of the area where we're all about one acre in size they're designated RR. Those sites are are actually non conforming because they don't meet that minimum five acres we require an RR. So those will be required to rezone to develop someday. We also have areas that were recently annexed such as the property here across gisling that has an existing industrial use that's been there since the 80s, and is non conforming to the RR designation that's been given to it. And those areas are all designated for for rural or sorry for moderate density residential so we have those inconsistencies between land use and future land use designation and zoning all going on here. Also note that the moderate density residential area. There are several goals for development within that that are not met in this area. The comp plan encourages those moderate density areas to be close to existing neighborhoods and services so that they're walkable and connectable for the residents. We don't have a lot of that going on here because of this existing industrial pattern. It's very unlikely that that any future subdivision here would would have that walkable accessibility to neighborhood services that we would expect to see. So this may not be an ideal location for that moderate density residential designation. The other piece that's important to look at is this red dashed line on the map is a future arterial. That's a future post oak road that was identified on the 2015 mobility plan as part of the mobility plan update, and as part of the work that was done with this previous plot that I mentioned earlier. Staff discovered through coordination with text out that that road is actually better aligned here where we have geesling road today because text on has plans to eventually launch a ramp off in this location to make a better connection from 380 288. And this intersection here would be more ideal for all of that interplay to occur. So that change will also be coming to this area and lends itself to this area not being moderate density residential in the future. Some other pieces I wanted to point out in the comp plan in the implementation section. It actually has some provisions that states that when a rezoning request is submitted, staff should evaluate its consistency with the goals and objectives of the comprehensive plan. And if there are inconsistencies, or if the request is consistent with the plan overall, that there should be a recommendation of approval for rezoning, even if they do not match that future land use map. So if you look through the comprehensive plan, you would see that there are a lot of economic development goals that specify things such as providing adequate areas for employment and industrial development that have adequate access and buffering. This site would meet those goals because of the access that will be here on university and especially when geesling becomes that arterial that we just talked about. The site would be required to comply with all buffering requirements so it would meet those goals. We would be reducing conflict between the residential zoning that's in this area and the inconsistencies we just discussed with that moderate density designation. And then finally, as I mentioned, this is an area that staff had already identified that we have some concerns with those inconsistencies so we will be looking to make some recommended changes there. The next criteria is consistency with the zoning district purpose statement. So the ally district again as we've talked about before is intended for those areas that have good access to have varieties of light industrial and employment type uses that includes distribution and warehousing which is what's proposed here. So this request is consistent with that purpose statement, as we saw that it would continue that existing zoning pattern to the north and west. It would have adequate access and would be consistent with the existing character of the area that has many industrial uses. The next criteria is whether there have been changes in the area that warrant a zoning change. So to look back at a little bit of the history of the sites, the property was annexed in 1971. It's had a residential zoning since 2002 when in our six was designated on the site, then transition to our six with our 2019 code update properties in this area have been annexed much more recently and have led to some of those inconsistencies that we've talked about. Those annexations occurred from 2013 to 2016 and that's led to these are parcels that I talked about that actually have a lot of existing nonconformities that we would be looking to clean up by changing the future land use map. There's also as I mentioned those discussions with text on about realigning. What was a future arterial over here to the east of the property to the geesling road corridor so that we would have a an enlarged intersection here with coordination with text dots future ramp, as well as these two arterial roadways would have a signalized intersection in the future. The second criteria is whether it would minimize adverse impacts to surrounding property. So as we talked about allies consistent with the development pattern here we have several substations to the south of the property that that lend to the side of the road to industrial uses already. There's this existing nonconforming industrial use here that's, I believe, an aloe vera manufacturer, they have self storage across the road and then a variety of industrial uses to the north as well. The north property itself or the remainder of it is actually encumbered by several things there's, you can see here on the map these faint lines. There's a very large electric transmission line as well as a natural gas pipeline that crossed the property that that created some challenges for the site for residential use in the past, which lend it to to maybe not being suitable for that moderate density residential is there would be incompatibilities there with those transmission lines and pipelines with single family adjacency. So that's something that we've talked about in the past. And then finally all of the ddc standards for screening and buffering from the right of way and from residentially zoned properties would all apply at the time of development. And then finally looking at the availability of public facilities and services, starting with transportation, some of this we've we've already discussed so I'll go through it quickly, but the applicant has submitted a TIA that's under review with our engineering team at the time of development. The recommended area across the streets is just under 1000 total daily trips, and then approximately 220 am peak trips and 176 in the evening peak hour. The recommendations from that TIA include the need for gisling road to be improved to that arterial cross section, the ultimate intent is for a six lane road for this arterial. So they will be coordinating with text on and it will ultimately be a text on approval for that intersection, but they are coordinating to assist with the determining whether the signal warrants have been met at this time. Water and wastewater facilities are all available in this area. The blue lines on the map being water lines you can see that there's already the dash lines indicate lines that are under construction so those are available to the sites to be extended, as well as sewer lines being the lines in red so those can all be extended through this development and across the street to this side as well. And then of course our tap and impact fees would occur and be applicable at the time of permitting. So notification was provided regarding this request. We've received no responses in opposition or in favor. The Planning and Zoning Commission did recommend approval five to zero and staff is also recommending approval as we found it to meet all the criteria for approval. I will pull down the slides at this time and I'm happy to answer any questions, and the applicant is also on the line and has a brief presentation if you'd like. Okay, yes I'll open the public hearing, public hearing, and then the applicant will take that presentation and then we can do questions, all at once. I see you Councilmember Marmot when we come out of the question out of the presentation. You'll be first up. Yes, I believe Amy Bissett should be on the line. Good evening. This is Amy Bissett with 97 Land Company. Can you hear me? Yes, thank you. Okay, great. As I mentioned earlier tonight, I am having some connectivity issues, so I'm going to forego a total presentation and just let you guys know that we have Matt Boone with Scannell Properties on the line. He's the developer and Trey Braswell with Kimley Horne. He's the engineer on the line and we'll be happy to answer any questions for you. One thing that I do want to point out, or a couple of quick things. The first one is that TxDOT has an active project on 380 in this area that includes a turn lane, both inbound and outbound, or I'm sorry, eastbound and westbound going on to Giegeling to facilitate better traffic in that area. Currently it's under construction today and also want to let you know that the eastern property boundary that is being considered for rezoning tonight is inclusive of some property that is intended specifically for tree preservation. So the developer is acquiring more property than they're developing in order to facilitate tree preservation. And with that, I will be happy to answer any questions or have Trey and Matt on the line to answer questions as well. Okay, thank you. Councilmember Armitage, questions? So question for staff. Roughly how close to this site are the nearest occupied residences? Let me pull up the map real quick so we can look at it. I don't believe there are any occupied residences. Let me look. So we can see on this map there are no occupants of the property that's to the east of them. There are some buildings located on this site. To my understanding that those are unoccupied and may just be like a garage or storage building that's a remnant of something, but I'm not aware of any occupied residences other than when you get over here outside that 500 foot buffer that you can see on the map, there are residences in this area. Okay. And those residents, those residents are outside the 500 foot buffer so they didn't get an education. That's correct. Okay. If you can pull that down. Thank you. Any, any other questions Council, Councilmember Meltzer then may approach him Davis. Yeah, if you wouldn't mind expanding on that in the area that is presently designated for for residential. Some of it is actually did actually become residential was already residential where, where does the actual residential again within that, you know, part of that, the future land use map. Sure, let me pull up that map so we can look at it. So the closest residential uses. Let me see if they're, this one shows a little bit better would be these, these large lots down here, which are actually a much lower density than that future land use designation. I'm not aware, like I said, of these properties being occupied with residences, and then this area here is all undeveloped. I'm not seeing the substations here. I'm not seeing your cursor movement is under my part of the. So I'm on Black Road, where you see the label large lot single family those would be those closest residents. And, okay, and the red areas that proposed change. Okay, correct. And some of the most of, let's see, I'm just trying to understand looking at this map. This is the existing uses. Right. That's correct. You kind of indicate, you know, because I'm kind of having to compare to a previous slide. Can you kind of indicate on this slide, where the boundaries of the land use map designated residential area are. In other words, I see, you know, I see the large lot is where people are actually living. Is that the very corner of the, you know, the residentially desk, the area designated for residential is 90% of it just didn't become what we thought it was going to be, or is it 70% did. It did become what we thought it was going to be. Sure, so the, the orange area that you see on the map here is that moderate density residential future land use designation. Everywhere, everywhere it's shown as orange has that correct. Correct. The, the yellow is the low density residential designation and then the green is rural areas. So we have a lot of existing residential development within within the rural residential areas. And then we have, I would say, very little within the quadrant from 380 to I believe this is Mayhill the other red arterial that you see here. That most of what's in that area designated for moderate density it's fair to say has not developed with that pattern yet. And the subject property and the larger 86 acre parent track that I referenced earlier did come in for preliminary plat to develop an inconsistent consistently with our six zoning. That's been a couple of years ago actually under the old code, and due to the challenges on the site. That project never moved forward. And if you can pull down the screen for me. Yeah, I appreciate that. My inclination initially was, you know, this just so obviously doesn't conform to the future land use map but it's, it does look kind of different if an area is designated as world, and nothing happens. It's still rural. If there is designated for residential and nothing happens, doesn't become residential. So, I'm, I'm, I'm still weighing. So, thank you. Okay, questions for Mayor Pro Tem Davis. Just a real quick kind of answer that the thing that kind of does it for me is the substation, you know, we've got a substation there there's going to be the warehouse right across the street. Just that that this piece is never going to be the residential nobody's ever going to invest in making it the residential that at some point we thought it was going to become. But my question for either staff or the developer, whoever wants to take a stab at it is just a little more particularity on tree preservation, what are they required to preserve and how are they doing that. I heard Amy mentioned that there. They took some special steps acquire a little bit more land to be able to do that. If we could just get a little more detail. Sure, so, if you don't mind I can pull up one of the aerial shots and we can talk through that briefly. Their requirement under the code would be the standard 30% of the heritage and quality trees that are on site. So you can see this particular property does have a lot of tree canopy on it. What they are proposing with the survey that we've seen so far is some preservation along, along the right of way and along the northern boundary to help create a buffer, but the bulk of their preservation and the, the area that the applicant referenced is this this Eastern property boundary where you can see there's a pretty intense row of trees there. They initially requested just over 11 acres for this rezoning and then actually postponed it before it went to PNC and said they wanted to add an additional acre to it. So they closed this area to the east so that they could accommodate a very wide tree buffer there with existing mature trees in it so that if the remainder of the site does become residential. They have a very healthy mature buffer there that would would contribute to both tree preservation and screening of their facility from any future residents. Good deal. Thank you. Okay, other questions for staff. Seeing none, I will take a motion. Mayor pro tem Davis. I will put my money where my mouth is right. I'll move approval. Okay. And we don't have open the public hearing we don't have any call and I think open it before but just make sure it's open, but we do not have any callers we have a motion by Mayor pro tem Davis to approve. Is there a second. Councilman run. I'll second. Okay, we have a motion approved by Mayor pro tem Davis a second by Councilmember Ryan, still no calls. So I will close the public hearing and any other discussion. Councilmember armature. Yeah, I just want to state before the vote. Why I'm going to be voting no to this. It's partly because of our, you know, notification process, where the people who live in the homes that that would be affected by this are outside of that 500 foot area. And so I don't know, you know what the people who live there. Think about this I don't know if they know that that this is coming or their thoughts on the, you know, industrial creep from from this side of the area I understand that there is already industrial development here. But I am concerned about the people who live nearby. They're probably a non awareness of the, of, you know, what is happening here. So, I'm not assuming that they would all object to it but I'm concerned and so out of an abundance of caution, I'm going to be voting no against this concern for the for the creep and industrial creep towards these residential area. Any other comment. I just want to acknowledge that I appreciate Councilmember armatures concern for those folks there are some pretty large parcels they're on black road. But I think those folks are much closer to the big tall substation and transmission lines that we have there in that area then they will be to this tree buffered parking lot so that's why I made the motion. Okay. And. And then just to make sure for those tracking along Haley, we require signage along, I'm assuming that we put that around. Guess, Geesling right. That's correct they did place the required sign on Geesling for that additional notification. Right. So if they're driving by there, that is, that's prominently displayed. Great. Okay, well we any other discussion. Okay, seeing none. May I pretend how say you. Hi. Councilman Ryan. Hi. Councilman Baker. And counselor Meltzer. I really got back and forth. It's not an anxious use. It's not going to be residential in a perfect world or even slightly better world. So I'm going to do the updated comp plan. First and sort this all out. But on balance. I'm still going to vote I. Thank you, sir. Councilmember Johnson. Hi. Mayor Hutz but there's a I counter armature. No. Okay, that passes six to one. That takes us to item E, which is DC a to one dash 0000 to hold public hearing and consider adoption the ordinance of the city of Denton, Texas, amending the Denton development code section to dot six subdivision procedures, specifically, amending section two dot six dot three preliminary plat prohibiting preliminary products within the extra just extra extra to terror, territorial man that's easy to say jurisdiction of the city, providing a penalty in the maximum amount of $2,000 for violations there. Good evening, Mayor Council Richard Canoni, deputy director of development services and planning director, a short presentation. This is a city initiated text amendment to the Denton development code. If you recall, in January of this year, we had, I had brought forward a work session item regarding some challenges we had within both in in in developing or projects within our ETJ, as well as challenges associated with the inner local. One of those slides had to do with the Stuart Ridge subdivision that was preliminary plotted in some of those issues that we currently face where we can no longer require annexation. Some of the concerns that we have it with this large subdivision almost 600 units developing in phases. Again, it is adjacent will connect to our city streets. The county has indicated they may not accept the, the roadways so they're the fear is in in 510 years from now, when those roads need to be replaced. We will be knocking on the city's door for annexation and our concern of really putting putting us in a bad spot of having roads that an entire subdivision with roads that need to be repaired as soon as they're annexed into the city. A part of the other challenge. This is in the service district both for fire and EMS calls as well as as well as police again it is completely adjacent to our, our municipal boundary. One of the one of the the items that we had brought forward if you recall was going back to what we had in the 2002 DDC of eliminating, or I shouldn't say eliminating but not not permitting preliminary plats in the ETJ. Essentially what this proposed text amendment does is just that, as you can see here it strikes, not required but may be submitted. So we are recommending that that optional preliminary plat. Be prohibited within the ETJ, which would require if someone were one wanting to develop a 500 or 600 unit subdivision it would have to be done in one phase, and they would be required to put all of that infrastructure and the likelihood of that happening is probably slim to none. But again this is just one of some other recommended changes will be bringing forward. We're anticipating bringing the changes to the inner local agreement to work session at the end of this month. And then that will be brought forward then for formal consideration and ultimately on to Denton County. And so what we're hoping to do is just eliminate the ability to have these residential subdivisions or any, any type of residential development within that would would put a would put the city in a bad spot both short term and long term in having to both deal with this from a public safety perspective but then also having to potentially deal with future annexation of something that could be sub standard. This item was presented to the planning and zoning Commission. On April 21 they recommended approval 60 and staff recommends approval as well. I'll be happy to answer any questions. Okay, so I'll open the public hearing. And are there any questions for stab mayor pro temp Davis. Richard, I'm trying to think of what the downsides might be and I haven't thought of any. Is there anything that anything we lose by kind of pushing this process out of the availability in the tj. None really I mean I want to do say this, this won't completely stop everything I mean there's still that that opportunity or the ability for someone to do it. And what what I think this will we I think we have one pending preliminary plat it is for a mobile home park in the PGA it is a one phase. But we had a recent pre application meeting. A few weeks ago, that really kind of when I saw that coming in, it was for, you know, an apartment complex as well as some commercial development and really caused sort of the pause, you know, initially we were wanting to do this as part of the DC RC discussions but knowing that of the potential impacts we thought it was, it was best to bring this bring this forward as quickly as we can. Thanks. Okay, any other questions for staff. Councilman Meltzer. Richard, if you wouldn't mind. Just helping me understand this a little better. What won't it stop. It really won't stop again those those single phase, kind of what we quite honestly what we used to have prior prior to the you know really sort of this unintended consequence of what happened when we when we allow that optional preliminary plight in the EPJ. Most of the time, and most of the subdivisions that we have developing are typically large lot. Most of them for the, for the majority of the partner or I would say south of south of the city. Most are large one acre lots usually are served by what I've been seeing at least this last year, but honestly served by our God water, and they do a one acre lot so they can have septic. They have no intention of wanting to do a preliminary plat. They would much rather just go through one phase or maybe 10 lots. Most of the time custom build. They do come in. But again what what this will not this, but this will deter are these large single family subdivisions that that we saw pop up, and it deters them. I wish I understood the mechanism a little bit better. And if I don't get it probably the public members of the public don't either. So, by prohibiting them from from doing preliminary plots. You know, can you explain that. Yeah, so essentially it's, it's sort of a one to punch what we're really looking to do is the first being eliminating the ability to do a preliminary flat in the EPJ. The second given the changes the annexation laws over the last couple legislative sessions. The second part, sort of the second punch is really amending the ila and adopting the county's rural standard. So that you can no longer have that curb and gutter with sidewalk. So really if you want to develop sort of an urban or suburban residential subdivision and use the city standards and take advantage of that through platting. Then you're going to have to annex into the city. Okay. I get it. Thank you. Any other questions for staff. Seeing none. Okay, so no caller so I'll close the public hearing, and I'll take a motion. Councilmember Ryan, I'm with approval. Thank you. Is there a second. Second by Councilmember Ryan, a second by Councilmember Johnson discussion. Okay, seeing none Councilmember Ryan how say you. Aye. Councilmember Johnson. Aye. Councilmember Baker. Councilmember Meltzer. Aye. Mayor Pro Tem Davis. Aye. Councilmember armature. Yes. Mayor hudspeth is I as well that passes seven to zero. Thank you, Richard. That completes our agenda takes us to concluding items any concluding items. One more time. Okay, I'm going to rattle off a list, then really quick so I want to say happy birthday to a good friend of mine brother Tyson Ezekiel Tyson, his birthday is on the fifth single to my celebrations are on the fifth, obviously, please be careful everyone. You know, use ride share use friends let's look look out for each other. Take your friends keys do whatever you have to do. Let's keep our community safe. Then there's a leadership dent in presentation on the six that people should be aware of. There's the National Day of prayers on the six for those interested in participating in those events. And then, United Way has a fundraiser dancing with the stars our community members get out there and dance. That's on the eight embassy sweets that'll be fun. And then, Mother's Day is the ninth. So, to all the moms, you know, happy Mother's Day in advance. And so, bring your bring your kids to a council meeting in May to celebrate or watch it together in your living room, and then I'll be speaking on the 11th next Tuesday at a basic peace officers class graduation. And so that'll be great. That's only 11 looking forward to speaking to them. Thank you, Mr Melzer. Yes, just in closing, may the fourth be with you. Yes, yes. Thank you. That's important. Okay, well thank you all we're back on the 11th everyone have a great evening. Thank you very much.