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April 10, 2001 Agenda
^OEND^ ^gO,dan0 0 \' 0k CITY OF DENTON CITY COUNCIL Ago,da II, Iff .-" . Apr,l 10,2001 Oato_ ~ ~)! 0 t After dete~aatnng that a quorum as present and eonvetnng an an Open Meeting, the Caty Couneal of the City of Denton, Texas will convene in a Closed Meetang on Tuesday, April 10, 2001 at 5 15 p m{ m the City of Denton Council Work Session Room, Denton City Hall, at 215 East McKmney, Denton, Texas to consider specific items when these items are listed below under the Closed M~etmg section of this agenda When items for consideration are not listed under the Closed ~eetmg section of the agenda, the City Council will not conduct a Closed Meeting at 5 15 p m land will convene at the time listed below for its regular or special called meeting The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting ~genda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below Work Scs non of the City of Denton City Council on Tuesday, April 10, 2001 at 6 00 p tn in the Council ¥ ~ork Session Room in City Hall, 215 E McKinney Street, Denton, Texas at which the following items will be considered NOTE A Work Session is used to explore matters of interest to one or tnore City Council M embers lOt the City Manager for the purpose of giving staff direction into whether or not such matters sl~ould be placed on a future regular or special meeting of the Council for citizen input, City Cour~cfl deliberation and formal City action At a Work Session, the City Council generally receives lgformal and prehtnmary reports and information from City staff, officials, members of City coml altteas, and the m&vldual or orgamzatlon proposing council action, if invited by City Council o' City Manager to participate in the session Participation by individuals and members of orgam2 atlons tnwted to speak ceases when the Mayor announces the session is being closed to public int ut Although Work Sessions are public meetings, and citizens have a legal right to attend, th, ~y are not pubhc hearings, so citizens are not allowed to participate in the session unless lnv tied to do so by the Mayor Any citizen may supply to the City Council, prior to the beginning of the session, a wmtan report regarding the citizen's opinion on the matter being explored Should the Council direct the matter be placed on a regular meeting agenda, the staff will genel ally prepare a final report defitnng the proposed action, which will be made avmlable to all clm ens prior to the regular meeting at which citizen input is sought The purpose of this procedure is to allow citizens attending ,the regular meeting the opportunity to hear the views of their fello' ¥ eltazens w~thout having to attend two meetings 1 Re :elve a report, hold a discussion, and give staff direction regarding a funding recommendations report from the Community Development Advisory Committee (C~)AC) and the Human Services Advisory Committee (HSAC) and the proposed City of D~nton 2001 Action Plan for Housing and Community Development (Barbara Sttnnet, CI~AC Chair and Wallace Duvall, HSC Chair are scheduled to provide briefings ) 2 Re :elve a report, hold a discussion, and give staff direction regarding homeowners as,~ oclatlons 3 Re :elve a report, hold a discussion, and give staff direction regarding the use of pc: amdes in the parks 4 Re :elve a report, hold a dlscusswn, and give staff direction regarding the process to select an ,arebateat to design the new Central Fare Station City of Donton City Council Agenda Apnl 10, 2001 Page 2 5 Receive a report, hold a discussion, and give staff direction regarding the State School Road Connector as an amendment to the City of Denton Mobihty Plan Roadway Component 6 Receive a report, hold a discussion and give staff direction regarding the selection of a Sister City for Denton through the Sister Cities International program 7 Receive a report, hold a &scusslon, and gave staff d~rect~on regar&ng proposed Mobility Plan 2025 Rml System changes as drafted by the North Central Texas Council of Governments (NCTCOG), and regarding proposed state legislation related to commuter rail 8 Receive a staff report, hold a &scussaon and provide staff &rection regarding the regulation of vehicles parked on res~dentml lawns 9 Receive a staff report, hold a d~scussion and provide staff direction regarding vehicles on parking lots w~th "For Sale" signs l0 Receive a preliminary assessment, hold a discussion, and g~ve &rection to staff with regard to the proposed voluntary annexation of an approximately 120 4 acre tract on the north side of Loop 288 between Stuart Road and Sherman Drive (A-01-0001) 11 Receive a report, hold a discussion, and g~ve staff &rect~on on the appointment of a task force to study racial profiling an Denton 12 New Business This ~tem provides a section for Council Members to suggest items for future agendas 13 Official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify that the above not~ce of meeBng was poste~ on the ~bulletm board a~, the City Hall of the Denton, Texas, on the ~day of t/.~/~z~/ ,2001 ~'t~) o ~' - CITY SECRETARY ' NOTE THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM 1S ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONSDEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE , AGENDA INFORMATION SHEET Agenda Item . --~ I AGENDA DATE' April 10, 2001 DEPARTMENT. Planning and Develop~ . CM/DCM/ACM' David Hill, 349-8314~i~ SUBJECT Receive a report, hold a discussion, and give staff d~rect~on regarding a £und~ng recommendations report from the Commumty Development Advisory Committee (CDAC) and the Human Services Adwsory Committee (HSAC) and the proposed C~ty of Denton 2001 Action Plan for Housing and Commumty Development (Barbara Stlnnett, CDAC Chair and Wallace Duvall, HSC Chair are scheduled to prowde briefings ) BACKGROUND On an annual bas~s, the C~ty of Denton prepares an AcUon Plan for submission to the U S Department of Housing and Urban Development (HUD) The Action Plan serves as the c~ty's apphcat~on £or Commumty Development Block Grant (CDBG) and HOME Investment Partnerships program funding In 2000, using a process w~th extensive input from c~t~zens and local nonprofit organizations, staff developed Denton' s Consoltdated Plan for Housmg and Commumty Development The Consoltdated Plan ~s a five-year strategy detailing housing, social service and pubhc works projects benefiting low and moderate-Income households and neighborhoods Annual action plans are developed based on the strategies outhned m the Consoltdated Plan The 2001 Actton Plan represents the second year m the City's five-year strategy Pubhc hearings requesting c~t~zen ~nput regarding the use of CDI~G and HOME funds were held ~n November and December Apphcatlon availabihty was advertised m November and December Staff held apphcat~on workshops ~n January CDAC and HSAC held funding hearings dunng February and March Both committees developed a set of funding recommendations to present to C~ty Council Staff has developed these recommendations ~nto the 2001 Action Plan for council rewew Page 8 o£the Action Plan booklet prowdes a hst of the actlwt~es recommended for 2001 funding Please refer to your 2001 ~4ctton Plan booklet for addtttonal mformatton Th~s booklet contains a copy of the proposed 2001 ~4ct~on Plan and mmutes of the CD~C and HS~4C meettngs Retam thts booklet for future rneetmgs OPTIONS · City Council may request that changes be made to the proposed 2001 Action Plan activities prior to final acceptance · City Council may choose to accept CDBG and HSAC recommendations and make no changes to the proposed plan ESTIMATED SCHEDULE OF PROJECT Public comment period April 1 through April 30 Committee's brief Council Members on Plan April 10 Action Plan public hearing April 17 City Council considers approval of Action Plan May 15 Submission of Action Plan to HUD June 1 Environmental review process May 15 through July 20 Release of funds by HUD August 4 Project imtiatlon August 5 PRIOR ACTION/REVIEW (Council, Boards, Commissions) Communtty Development Advisory Committee members have developed recommendations for allocation of CDBG funds for housing, park and sidewalk improvements, installation of sanitary sewer facilities and nonprofit facility improvements CDAC Committee minutes arc included beginning on page 59 of the Action Plan booklet The Human Services Committee members developed recommendations for the usc of $167,250 CDBG funds for human service activities This is the maximum amount of CDBG funds that can be used for human services under federal regulations HSAC also recommended that $268,550~ from the City's General Fund be allocated to human services agencies Though the Action Plan indicates that the HSAC is recommending use of general fund dollars, approval of the Action Plan does not approve HSAC's General Fund recommendations Human Services Advisory Committee recommendations for the General Fund budget will be included in the normal budgetary process For more information, the HSAC minutes start on page 79 of the Action Plan booklet FISCAL INFORMATION All projects and programs approved under the 2001 Action Plan are funded with CDBG and HOME funds No general fund dollars are included in the proposed 2001 Actton Plan See AIS Attachment A, page 4 for the 2001 CDBG and HOME funding summary See AIS Attachments B & C, pages 5-6 for 2001 CDAC and HSAC funding recommendations 2 ATTACHMENTS Attachment A Community Development Funding Summary, page 4 Attachment B CDAC Funding Recommendatmns Chart, page 5 Attachment C HSAC 2001 Funding Recommendatmns Chart, page 6 Provided under separate cover 2001 Action Plan booklet (Includes Action Plan, CDAC and HSAC minutes ) Respectfully submitted Llr~da Ra(hff - //]~_ D~reetor of Community Development Prepared by Barbara Ross Community Development Administrator 3 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE 2001 FUNDING SUMMARY 2001 CDBG 2001 HOME FUNDING AVAILABLE GRANT GRANT 2001 Entitlement Grant $1,113,000 $575,000 2000 Reallocated Funds $18,968 $0 2001 Program Income (Proposed) $38,000 $21,000 Total Funds Avmlable $1,169,968 $596,000 Less Funds Allocated to Adm~mstratlon Activities ($233,694) ($59,600) Less Funds Allocated to Human Servmes Act~vmes ($167,250) $0 Total Funds Avmlable for CDAC Apphcat~ons $769,024 $536,400 CHDO Setasade (15% OF HOME Grant) $0 $86,250 4 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE 2001 FUNDING RECOMMENDATIONS FUNDING CDBG HOME APPLICATIONS REQUESTED FUNDS FUNDS AVAILABLE -- *'~ $769,024 $536,400 1 Non-Profit Denton County C~ty-County Day School Improvements $30,00( $30,000 $0 ~ .on~Pmfl~L,, $!~00,~( $~, ~$~ ~b~ ~ g ~;; $358,938..... $~,888 7 CS D~v Eme~ency Repair Pmgmm $45,000 $45,00~ 8 CS D~v Renal Rehabihabon Program $36,400 $10,00~ 9 CS D~v M~cmente~nse Loan Program $30,000 J0 W~ Locust Street Wastewater Improvements $75,000 11 W~W Inman Street Wastewater Improvement $32,000 $32,00~ 12 ENG Mome Street Bmycle Lane Project $18,650 13 ENG East McK~nney S~dewalk $84,525 $84,52~ J4 ENG Johnson Street Repave $54,70~ $( $( 15 ENG Kerley Street Repave $78,70~ $( $( 16 ENG Wood Street Repave $185,50~ $( $( 17 ENG Sco~ St~et E~ens~on $253,60~ $( $( 18 ENG ~off St B~cycle & Pedestnan Path $60,00~ $( $( 19 ENG Mulkey, Moz~ngo & La~more Sidewalks $203,25C $( 20 ENG H~cko~ Street Repave $182,52~ $0 $( 21 ENG Dallas Dnve/S~mmons LeE Turn S~gnal $132,00{ $0 $( 22 ENG Bell Ave/Pmme Le~ Tum S~gnal $7,80~ $0 $0 23 PARD American Legion Annex $50,00~ $0 $0 24 PARD Fred Moore Fence Prelect $5,00{ $5,000 $0 PARD F~ Moore Restmom Project $100,00( $100,000 $0 PARD Fred Moore Penmeter Walk Project $42,00( $0 $0 Fred Moore Secun~ Lights/Elect~c (Secun~ L~ght~ng $34,10( $6,000 $0 PARD Only) PARD Fred Moore Basketball Resu~ac~ng $45,00( 25 PARD MLK Secun~ and L~ght~ng Project (L~ght~ng Only) $41,35( $17,00~ tOTAL FUNDING ~ $3,245,10; $769,024 $536,40C ~ Shaded requests am HOME ehg~ble act~wt~es ~oenda No ~ ~{~enda Item AGENDA INFORMATION SHEET AGENDA DATE' April 10,2001 ACM: Dave Hill SUBJECT Receive a report, hold a d~scuss~on and give staff d~recuon regarding homeowners associations BACKGROUND. The City Councd has received previous reports (January 11 and April 25, 2000) regarding the use of pubhc improvement d~stncts (PIDs) and homeowner assocmt~ons (HOAs) to create and maintain open space and other amenmes m new residential developments The Cotme]l expressed an interest m explonng further these tools related to the drafhng of the new development code In the interim, a number of questmns and concerns regarding HOAs have surfaced ~n conversatmns vnth representatwes of W~nd R~ver Estates, Oaks of Montec~to and other neighborhoods The scope of~ssues may be summarized as follows ~ HOA Structure The developer as the ~nmal controlhng member of the HOA may or may not act ~n the best long-term interests of the association Attachment 1 (correspondence from Ehzabeth Reynolds, Wind R~ver Estates HOA) h]ghhghts this s~tuauon Ms Reynolds feels that 1) ~mprovements constructed by the developers were not bmlt to specifications, 2) that the developers have not pa~d their fair share of dues ~nto the HOA, 3) that the developer, as the dominant member, obhgates the res]dents to management decisions and financial commitments that are not perceived to be m their best interests, 4) that archnectural covenants have not been followed by bmlders, and 5) that the residents have no ab~hty to remedy these problems, except through a lawsmt The cumulative effect ~s that the HOA's fac]hUes and amemUes may be expensive to fix or maintain, serwces may not meet expectations and the residents shoulder an undue or dxsproportxonate share of the financial burden ~' Need for Creation of an HOA: In other developments, common areas, amemt~es and archnectural covenants are prowded wxthont creating an HOA to support them As a result, common amemtles (perimeter fences, landscaping, s~gnage, trees, open space) may deteriorate without an eqmtable means to fund the repmr and maintenance, and new buddersPouyers may elect not to follow the covenants The burden to address these ~ssues rests on the residents, mdxwdually or collectively, pxttmg nexghbor against neighbor Recent examples of th~s scenario include the Oaks of Montec~to and Cooper's Crossing developments In the case of Cooper's Crossing, the deed covenants reference an HOA, which was not estabhshed Consequently, common alleys, fences and landscaping are deteriorating, and ~t has not been posmble to unite a majority of the residents to form an HOA HOA's Abfllt~ to Perform: In some developments, particularly when private streets or alleys are constructed, the aNhty of the HOA to finance long-term mmntenanee or replacement costs ~s questionable When private facflmes are built, the constructmn specifications are not the same as those reqarred of pubhaly dedicated facilities The difficult issue of accepting private facilities as pubhc property after they are built imposes unfmr cost burden to city taxpayers who prod for the costs of subdivision improvements originally designed to be dedicated to the pubhc The issue of financial eapabthtles and thresholds has been raised when HOA's are unable to manage h~gh cost ~nfrastructure or amemues Not all developments seem to manifest these problems Forrestr~dge, Southndge Estates and Sundown Ranch formed HOAs and appear to be well-estabhshed and wable Other HOAs may be too new to gauge their staNhty, including River Oaks, The Preserve and Summit Oaks However, other ex~stmg neighborhoods appear to have difficulty in mmntmmng common facilities and property Southndge does not have an HOA, and ~s challenged to support an aging swimming pool, perimeter fencxng and covenants through the voluntary efforts and contributions of its residents Strong, stable and attractive neighborhoods are an obJect,ye of the C~ty, a philosophy reinforced through the Denton Plan and the pending development code While the provm~on of private recreation facilities remains a d~scretionary dems~on for developers, the new code does require the protection of Environmentally Sensitive Areas (ESAs), landscaping, street trees and fencing to be mmntamed privately It ~s in the best Interests of both the residents and the C~ty to ~mplement strategxes to sustain the value represented by these ~mprovements Mandato~, HOA Requtrement The C~ty Attorney's Office has drafted a development code provision to reqmre, at Council's d~scret~on, the estabhshment of an HOA for new res~dentml development (Attachment 2) Modeled after the C~ty of Plano's reqmremants, the section would prowde the creation and recordation of documents subject to the review and approval of the City Attorney and the C~ty Council, prior to the fihng of plats Once established, the HOA must provide for a performance bond or escrow of funds for maintenance Further, the section would allow the City to repmr and/or remove features that the HOA has ceased to mamtmn Such a prows~on may enable the City to address previously described ~ssues related to HOAs Should the Council wmh to proceed w~th adoption of HOA reqmrements, a number of pohcy and procedural Issues must be answered 2 } The draft section states that the City may require an HOA Should an HOA be reqmred for all new development, regardless of size and home value9 Under what circumstances must staff advise developers that the provision applies to them9 Are there exceptions? ~, While the City is indemnified and held harmless from costs and liabilities related to its actions, should staff be expected to act administratively to remedy the fmlure of an HOA to perform, or should such action first be brought to Council9 } Should the C~ty strictly enforce all provisions of the HOA agreement related to mmntenance, repair or removal of features, or should some discretion be exercised on some basis such as the estimated cost of the remedial action or value of the improvement? } Should the City establish and budget for periodic inspection and enforcement of HOA provisions, or should we manage related activities as a complmnt-based function9 Pubh¢ Improvement Dtstr~cts (PIDs)' Initially, homeowners associations (HOAs) may assume responsibility to maintain the ~mprovements However, HOAs may dxssolve or otherwise fall to fulfill their obhgat~ons, and do not provide a guaranteed source of funds for perpetual care In these cases, the residents of the development may turn to the C~ty to assume the respons~bflxty for repmr and mmntenance The C~ty may have hmlted resources to care for these spaces, or in applytng consistent cltywlde mmntenance standards, may not meet resident expectations of upkeep The Council was briefed ~n April 2000 on the possible use of Pubhc Improvement D~str~cts (PIDs) to fund and manage such ~mprovements through the levy and collection of a special assessment on property A number of Texas roues, ~nclud~ng Dallas and Fort Worth, have created PIDs to fund the construction of new developments and the ongoing management and maintenance costs The adopted Fry Street Plan proposes the creation of a PID to fund ~ts ~mplementatlon The advantage ofa PID over d~rect maintenance by the City or through an HOA ~s a predictable and sustmnable revenue stream that ~s dedmated to a partmular project Once estabhshed by the Ctty Council, the property owners w~thin a d~stnct are assessed a specml levy to cover the budgeted expense of the PID Annual budgets are prepared by the PID management or board and approved by the City Council The assessment ~s collected along w~th C~ty taxes Contrary to an HOA, payment ~s not voluntary, but a matter of law The amount of the levy required for the PID ~s dependent upon the nature of the ~mprovements constructed and the projected costs of operation, including administrative expenses The staff prewously offered the following prehmlnary conclusions regarding the use of PIDs by the City of Denton ~' PIDs do represent an alternative financing mechanism for a wide range of pubhc improvements, and are considered to be attractive to many developers within market hm~ts PIDs should be viewed as an alternative method of financ;ng pubhc ~mprovements, prowded the City's interests are properly protected 3 )~ Because PIDs can be used for many purposes staff beheves that further research ~s needed to detenmne the appropriate role of the C~ty, especmlly w~th regard to pohcy or regulatory options } It appears that a s~ze threshold does ernst that may hm~t the feas~b~hty of a PID Properties under 150 acres may not be able to use PIDs advantageously For th~s raason, the use of PIDs as an alternative to small HOAs may not be avmlable ~' It may be advantageous to reexamine the approval process for private streets and alleys Comphance w~th c~ty construction specfficat~ons ~s possible approach, or the use of PIDs could set a finanmal strategy for repmr and replacement ~n the long-term OPTIONS: } D~rect the staff to draft administrative gmdehnes and final code provisions to reqmre the estabhshment of HOAs and/or PIDs as a condmon of development approval by the C~ty ~' D~ract the staff to d~scontmue ~ts work on th~s subject ~' D~ract the staff to pursue other strategies regarding the ~ssues ~dentffied ~n th~s report RECOMMENDATION' Staff awmts the C~ty Councal's d~rect~on We caution that the full ~mpact of city ~nvolvement m the craatmn or oversight of HOA's be fully evaluated before an ~mplementat~on strategy ~s determined ESTIMATED SCHEDULE OF PROJECT. Provlsmns described hereto can be drafted and presented for Council approval ~n conjunction w~th the new development code PRIOR ACTION/REVIEW. The Council was briefed regarding the use of HOAs and PIDs at the January 11 and April 25, 2000 work sessions FISCAL INFORMATION N/A ATTACHMENTS. 1 Correspondence from Ehzabeth Reynolds 2 Draft prows~ons for mandatory homeowners associations Respectfully submitted Ed Hodney, D~rector Parks and Recreation Department 4 ATTACHMENT 1 Dear 'Mr Hill, My sincere thanks to you for all the time you have spent with me on these ~ssues I am looking forward to our meeting on March 14th and hope that ~t w~ll help everyone understand the drainage ~ssue I spoke w~th someone yesterday who told me the FEMA floodplain maps were revised recently and our city should have a new copy available Maybe Dale Holtlng would have those~ Would you be able to bnng that to the meeting? I am going to try to have ,information about the Federal Flood insurance Program available also for anyone who will want to pursue that Melame Sattler of the North Central Texas Council of Governments sa~d she would send a wdeo about flooding that I could make available to residents here Thank you for the corrected memo If you have any ~nformat~on available about dealing with the slope on the field behind the pool before our meeting, could you call me at your convemence? I really appreciate the opportumty to have my comments taken ~nto consideration In your discussions Hopefully ~n the future the city w~ll not have to deal with problems such as those we've encountered here at Wind River I have attached the hst below that i'm working on, please forgwe the draft nature of th~s hst, but I wanted to get ~t to you ASAP I would hke to get input from our current management company to see ~f there ~s a form of neighborhood covenants approved by HOA associations that could be used as a guide I will follow up if I discover I've forgotten something important to us and please don't hesitate to call me ~f I can help ~n any way Thank you again, Elizabeth Reynolds HOAi document concerns. Present and future homebuyers need an advocate on the Board to protect their r~ghts until they have majority voting pr~wleges W~nd R~ver residents had no input in the Board until 3/4 of the lots were sold Although our covenants provided for this access, there was no way to enforce It The developer was not paying ~nto the fund consistent w~th the lots he owned The developers dec~ded when a lot was "approved" to pay dues and th~s d~dn't happen until they had sold the lots to a builder Although they pa~d a "shortfall" obligation to make up for this fact, they controlled that very shortfall by regulating what services were provided and what repairs were made Residents are paying for things, through dues and possibly special assessments, the developers should have completed themselves There was no reserve fund set up for the future, although a budget prepared before the HOA was started foresaw the need for one There was no requirement that the common area be ~n comphance or "accepted" by the Board The common area was obwously not built to specifications, residents may have to pay for prewous neglect or ~ncorrect construction but there ~s no remedy available to the HOA except to sue the developers No one was enforcing the architectural covenants that were promised, the legal remedy to enforce them ~s a burden on the HOA The builder was the sole Board member making decisions and he arbitrarily approved every form submitted that was the easmst route for h~m and against the very covenants he was supposed to enforce There was no advocate for future homebuyers' ~nterests, relying on those covenants for property value, to be represented Contracts signed by the developers/builders w~th the management company and other vendors were legally b~nd~ng on the commumty, although they were obviously not in our best ~nterests The result of these problems ~s that a community may end up with a common area that ~s unattractive, expensive to fix/maintain and vendors who make correcting the s~tuat~on d~fflcult If there are no residents concerned enough to exert the efforts needed to correct the s~tuat~on and the residents do not want to pay to bring the common areas ~nto comphance, the HOA may fa~l and the property values will deteriorate Also, ~t may fall upon the city to maintain or correct the common areas If the HOA ~s set up to function well as a community asset from the start, ~nstead of being a vehicle for the developer's convemence, residents w~ll be more aware of what they are paying for and w~ll have a common area they are proud of and happy to maintain Elizabeth ATTACHMENT 2 DRAFT HOA SECTION 35 8 13 Mandatory Homeowners' Associations A Applicability When a residential subdivision contains streets, sewers, sewage treatment facihtles, water supply systems, drainage systems or structures, parks, landscaping systems or landscape elements or features (including fountains and statutes), landscape irrigation systems, screening walls, living screens, buffering systems, subdivision entryway features (including monuments or other signage), or other physical facilities or grounds held in common and necessary or desirable for the welfare of the area or subdlvis~on, or that are of common use or benefit and that are not or cannot be satisfactorily maintained by the City or another public agency, the City may require the establishment and creation of a mandatory homeowners' association to assume and be responsible for the continuous and perpetual operation, mmntenance and supervision of such fatalities, structures, improvements, systems, areas or grounds B Approval If the establishment and creation of a mandatory homeowners' association is required by the City, a copy of the agreements, covenants and restrictions establishing and creating the assomatlon must be approved by the City Attorney and City Council prior to the approval of the record plat of the subdivision and must be filed of record with said record plat in the Map and Plat Records of Denton County Said record plat shall clearly ~dentlfy all facdlt~es, structures, ~mprovements, systems, areas or grounds that are to be operated, maintained, and/or supervised by smd association C Responslbdmes Such mandatory homeowners' assomatlons shall be responsible for the continuous and perpetual operation, maintenance and/or supervision of landscape systems, features or elements located in parkways, common areas, between screening walls or living screens and adjacent curbs or street pavement edges, adjacent to dramageways or drainage structures, or at subdivision entryways Subdivision entryway treatments or features shall not be allowed unless a mandatory homeowners' association as reqmred herein established and created The City shall be responsible for all median maintenance and all paving mmntenance (except for private streets or roads) and the repair of landscape systems, features or elements damaged by Clty-lmtlated utthty work in dedicated easements Other damage occurnng during utlhty repmrs will be the responsibility of the appropriate utility company D Dedmatlons to assocmt~on All fatalities, structures, improvements, systems, areas or grounds that are to be operated, mmntalned and/or superwsed by a mandatory homeowners' association, other than those located in public easements or right-of-ways, shall be dedicated by easement or deeded in fee simple ownership interest to aid association Such easements or ownership shall be clearly ldentffied on the record plat of the applicable subdivision E Contents of agreements At a minimum, the agreements, covenants and restrictions establishing and creatJng a mandatory homeowners' association required herelnlshall contmn and/or provide for the following 1 Definitions of terms contmned therein, 2 Provisions acceptable to the City for the establishment and organization of the mandatory homeowners' association and the adoption of by-laws for said association, including provisions requiring that the owner(s) of any lot or lots within the applicable subdivision and any successive buyer(s) shall automatically and mandatory become a member of the association, 3 The lmtlal term of the agreements, covenants and restnctlons estabhshlng and creating the association shall be for a twenty-five (25) year period and shall automatically renew for successive ten (10) year periods, and the association may not be dissolved without the prior written consent of the Denton City Council, 4 Provisions acceptable to the City to ensure the continuous and perpetual use, operation, maintenance, and/or supervision of all facdlt~es, structures, ~mprovements, systems, areas or grounds that are the respons~bthty of the association and to establish a reserve fund for such purposes, 5 Provisions acceptable to the c~ty that all faclhtles, structures, improvements, systems, areas or grounds conform to the City of Denton's development regulations 6 Provlmons prohibiting the amendment of any pomon of the assocmt~on's agreements, covenants or restrictions pertalmng to the use, operation, mmntenance and/or superws~on of any facthtles, structures, ~mprovements, systems, areas or grounds that are the responslblhty of the association wahout the prior written consent of the Denton C~ty Council, 7 Prowslons acceptable to the City that a performance bond or escrow of funds by the developer of the subdivision has been established for the maintenance of any faclhties, structures, ~mprovements, systems, areas or grounds that are the responsibility of the association 8 The right and ability of the C~ty or its lawful agents, after due notice to the association, to remove any landscape systems, features or elements that cease to be mmntmned by the association, to perform the responsibilities of the association if the association falls to do so in comphance w~th any provisions of the agreements, covenants or restrictions of the association or of any apphcable ordinances of the City of Denton or regulations of the C~ty of Denton, to assess the association for all costs incurred by the C~ty ~n performing said responsiblhtles if the association fails to do so, and/or to avml itself of any other enforcement actions avmlable to the C~ty pursuant to state law or c~ty codes or regulatxons, and 7 Prowsxons mdemmfylng and holdxng the City harmless from any and all costs, expenses, stats, demands, habthtxes or damages, ~nclud~ng attorney's fees and costs of stat, ~ncurred or resultxng from the C~ty's removal of any landscape systems, features or elements that cease to be maintained by the assocmt~on or from the Cxty's performance of the aforementioned operation, mmntenance or supervision respons~b~htles of the assocmt~on due to the assocmtxon's fmlure to perform the respons~bflxtxes AaendaNo O I _ Aoe da,om AGENDA INFORMATION SHEET AGENDA DATE: April 10, 2001 DEPARTMENT Planmng & Development CM/DCM/ACM: Dave Hdl, 349-8314 X~ SUBJECT Receave a report, hold a dascuss~on, and gave staff darectlon regardang the use of pestmades ~n the parks BACKGROUND: The Parks and Recreataon Department apphes herbmades to control weeds, reduce mowing cycles, and ehmmate unwanted vegetataon on parks, athletic fields, pubhc braidings, medxans, and rights of way Pesnmdes are also apphed to control fire ants and to control insects that are damagang flowers and shrubs The use of pest~cades on pubhc property ~s governed by Federal and State law and all Parks Department employees who apply pesttc~des are hcensed by the Texas Department of Agriculture or the Texas Structural Pest Control Board and are subject to anspectaon and audits of practaces and record keepang Purpose of Appl~ml~ Pesttcides Pestacades ~ The primary purpose for applyang pesticades on pubhc property as thc reductmn of fire ants ~n the parks The products used by the Caty arc not poasons that kd1 the ants but growth regulators that anterrupt the ant's reproductavc cycle and cause thc colony to dic out due to at~ntmn Herbamdcs ~ The use of herbm~dcs m the parks contrabutes to the beauty and the safety of the parks and reduces mmntenanee costs In the past, the cat~zens of Denton have clearly expressed thear desare for weed free turf an the parks These apphcataons have helped the department manage weeds such as henbat, clover, dandelions, Dallas grass, and Johnson grass, as well as sand burs and thastles that can mflact pmnful stangs ~ A properly tamed apphcatmn of Roundup m the early spnng wall reduce park mowing by 3-4 cycles The cost to apply Roundup as approximately $37 00 per acre whale thc cost to mow as apprommately $75 00 per acre, a savings of $38 00 per acre per mowing or approxamate]y $44,400 per year Thc Parks Department spends approxamately $20,000 each year on herbacade products and spends around 800 hours on apphcatmn ~, W~thout the use of herbmades add~taonal mowang cycles wall also be reqmred to mmntam turf at heaghts that will be acceptable to the athletic leagues In addltaon, all trees, posts, signs, guardralls, and buildings that are currently trammed usang Roundup, wall reqmre manual tnmmmg Park Classification Plan For many years the Parks and Recreataon Department has used an anformal classfficataon system based on type of use and level of development at each s~te It also estabhshes gmdehnes that darect staff an the maintenance of park properties Last year the system was rewsed and a copy ~s attached for your reformation (Attachment 1) Each park classification then has mmntenance standards that detail a schedule of individual maintenance tasks (mowing, fertlhzat~on, aerlficatlon) including pesticide programs Turfgrass Maintenance Standards Pesticide apphcatlons for Class A turf include ~' one apphcat~on of Roundup ~n w~nter to control any grasses or broadleaf weeds that escaped the pre-emergent application, ~' one apphcat~on of a pre-emergent herbicide in February to control the summer weeds, ~ two appheat~ons of MSMA in May or Jtme 0f needed) to control broadleaf grasses, ~ one treatment of fire ant control ~n May, ~' one apphcatlon of pre-emergent m late summer to control winter weeds, and ~ one apphcat~on of fire ant control ~n October Class B areas receive ~' post emergent herbicide apphcat~ons as needed Th~s could be an appllcat~on of Roundup on dormant Bermuda turf to control winter weeds or MSMA to control broadleaf grassy weeds durmg the early summer Class C and D areas receive appheatlons as needed to comply with C~ty codes This includes spraying around trees, posts, s~gns, guardrafls, and other areas that block the vision of motorists or would require hand trimming Attached is memo (Attachment 2) hstlng the total amount of each herbicide that was apphed dunng calendar year 2000 This memo ~ndlcates product only and does not ~nclude water added to the solution when it ~s applied To mlmm~ze human contact with herbicides, it is the department's practice to perform broadcast pesticide apphcatlon preferably after the parks are closed at night and on athletic fields, during the day when not m use To determine standard mumclpal park practices throughout the area and ff Denton Parks and Recreation Department fell w~thln those common practices, staff surveyed 23 departments around the metroplex with the following results · Number of departments w~th pesticide/herbicide programs o 21 of the 23 departments surveyed have an estabhshed program · Number of departments using pre-emergents & post emergents o 22 of the 23 department used both pre & post emergents · Types of pesticides/herbicides used o A w~de variety of pest,tides were used H~ghest responses were on the following products · Pre-emergents included · Barricade, S~mazlne, Surflan · Post-emergents ~ncluded · 24D, MSMA, Roundup · Pesticides included · Amdro, Logic/Award, Kelthane, Orthene, Orthenex 2 · Types of park properties receiving apphcatxons o Athletic fields (21 of 23) o Neighborhood Parks (19 of 23) o Class A type parks (20 of 23) o Landscape Beds (20 of 23) Medians(18 of 23) Pubhc R~ghts of Way (12 cities mamtaxn ROW's and use pesticide around posts) · Types of alternatxve pest control methods o Ten c~t~es surveyed had implemented some IPM (reference paragraph on Department Response below) measures at pilot sites or xn hmlted locations or apphcat~ons o 12 c~t~es surveyed were using some cultural methods of weed and pest control including increased mowings, hand cultivation, soil aeration, overseed~ng, plant select~on, mulchmg, and ~rngat~on Primary strategy was to develop a strong turf that wilt crowd out and resist weeds Based on th~s ~nformal survey, Denton Parks and Recreation Department fall w~thm the norm of maintenance practices related to pesticide/herbicide programs Citizen Concerns Recently, the use of pesticides ~n C~ty parks has been challenged by several c~tlzens led by Ed and Carol Soph To date, the Parks and Recreation Department has received telephone or e-marl comments from 18 c~t~zens expressing dlssat~sfact~on with the C~ty's pest~clde program and a growing concern about all chemical use and any potential health effects City staff met w~th Ed and Carol Soph on February 8, 2001 to d~scuss their concerns In addition to the Soph's perspective (See Attachment 3), the department has also received input from c~t~zens w~th other pmnts of wew, ~ncludmg a letter from Tom LaPo~nte (Attachment 4), and comments from youth athletic associations Department Response The Department's ~mmedmte response to the C~tlzen requests is outhned ~n the attached memo (Attachment 5) At the February 8th meeting ~t was suggested that a pubhc forum be scheduled to allow more e~t~zens the opportumty to learn about the Clty's pesticide program and to gather ~nput from the c~tlzens Th~s concept was outhned ~n Ed Hodney's February 13th memo to Council (Attachment 6) In a subsequent meeting on March 23ra the Sophs stated that a pubhc forum was no longer their preferred option They are now suggesting that the C~ty hire an outside consultant to review the department's current practices and make recommendations related to the pestlc~de program If the C~ty were to pursue th~s course, staff considers ~t to be critical to gather c~t~zen ~nput to ensure commtm~ty expectations are met and that a d~verse representation of c~tlzens and park users are revolved Parks and Recreation Department staff continues to mvesttgate alternative products, methods of apphcat~on, land programs such as Integrated Pest Management (IPM) IPM ~s a pest management program where control ~s achieved through multiple tactics including prevention, cultural practices, pesticides, exclusmn, natural enemies, and host resistance The goal ~s to achieve long-term control of pests with mlmmal ~mpaet on non-target orgamsms and the environment 3 OPTIONS. Staff has developed a hst of potentml optaons for staff to pursue at the darectaon of C~ty Councal 1 Continue current response, whach is a temporary moratorium on the broadcast apphcat~on of pestlcades on Class B propertaes Spot treatments wall stall be made around trees, fences, posts, braiding hnes, and etc to ehmmate hand edging and trimming Selectave apphcataons would be made ~n response to catazen complaints regarding aesthetacs or anfestatmns of problem weeds such as sand bur Staff w:ll continue to research altematave approaches, such as IPM, and products to the pestleade program In addatlon, strateg;es to formally anvolve cmzens and park user groups in the decisions related to this issue wall be developed and amplemented One possible format would be a focus group that would anclude a cross section of park users and c~tazens After completing research and developing strategies, staff proposes to implement the revased program at the begannmg of FY 2001-02 Therefore the temporary moratorium wall contanue untd those strategies are m place 2 Extend the temporary moratorium to future apphcataons of pesticides 3 Permanent cessataon of pesticide apphcat~ons an specafic parks or classes of parks This as not an optton that staff considers leasable Thas optaon would ancrease annual mowang by at least SlX cycles and reqmre all trimming to be completed wath a lane trimmer Th~s wall not only increase labor, fuel, and eqmpment costs, but the addataonal eqmpment usage would negatavely ~mpact efforts by the City to meet clean mr regulataons 4 Other optaons deemed necessary by the City Councd 5 Continue mmntenanee operataons based on current Maintenance Standards w~thout change RECOMMENDATION. Staff recommends optlofl one as the leasable and effectave strategy to effectavely resolve thas assue ESTIMATED PROJECT SCHEDULE: A resolutaon to this ~ssue may result an changes to the Park Mmntenance Davaslon budget for Fmcal Year 2001-02, and wall be reqmred to follow budget schedule constraints PRIOR ACTION/REVIEW' No prior act, on has been taken related to thas assue 4 ATTACHMENTS: Attachment 1 Mmntenance Standards & Park Classfficatlon System Attachment 2 February 19, 2001 Memo from Emerson Vorel to Ed Hodney identifying pestm~de use Attachment 3 Ed Soph's ArUcle ~n Denton Record Chromcle Attachment 4 Tom LaPomte's Arttcle Attachment 5 March 1, 2001 memo from Emerson Vorel to Ed Hodney on department response Attachment 6 February 13, 2001 memo from Ed Hodney to C~ty Council on herbtctde ~ssue Prepared By Emerson Vorel, Superm~n~de t Parks &Recreatton Department Respectfully submttted Attachment 1 CITY OF DENTON PARKS AND RECREATION DEPARTMENT MAINTENANCE STANDARD & CLASSIFICATION SYSTEM The Maintenance Standard & Classification System estabhshes gmdehnes that d~rect staff ~n the maintenance of all properties under the management of the C~ty of Denton Parks and Recreation Department Maintenance standards and classifications are assigned to park areas based on the type of use and the level of development at each site Multiple classification levels may ex~st at any one park CLASS A - H~ghest level of maintenance for h~gh ws~bthty/h~gh use park areas on developed park land (Civic Center, athletic fields, pubhc bmldmg entr~es) CLASS B - Moderate level of maintenance for locations w~th moderate act~wty & v~s~bthty (Most neighborhood parks) CLASS C - L~m~ted level o£ mmntenanee for naturahzed areas that receive minimum use and no hardscape development (Per~meter control, roadside mowing, wddflower areas) CLASS D - Base level of maintenance for undeveloped park s~tes, natural, open space, greenbelts and preserves Attachment 2 321 E McKmney Street Denton, Texas 76201 (940) 349-7135 FAX (940) 349-8529 Memorandum To Ed Hodney, D~rector Parks and Recreation Department From Emerson Vorel, Supenntendent of Park Operations Parks and Recreation Department Date February 19, 2001 SubJect Pestm~des Here are the total mounts each pestm~de apphed dunng calendar year 2000 Roundup 119 5 gallons S~mazlne 59 gallons Three way (2,4-D, MCPP, Dlcamba) 7 gallons MSMA 11 gallons D~stance 175 pounds Bamcade 31 3 pounds D~menslon 5 5 gallons Oust 88 ounces Plateau 3 2 gallons Rodeo 7 5 gallons Campmgn 1 quart Attachment Guest column Unnecessary and unhealthful Mw y wife returned from her evening The public was warned almost 40 years elk in Avondale Park one evemng ago of the consequences of envarenmental n early February complmnmg of strategaes that would have us poison now watery eyes, a dry cough, and a burning and pay later Has our environment sensation in her throat and nasal passages improved in those 40 years~ It doesn't seem The park reeked w~th a chemical odor, like so if you are aware of the increased cancers chlonne linked to chemical pollution, the grewmg Unknown to her, ~ fears and knowledge of genetic damage, and to all the other endocnne disruption, learning residents in the area, ~ developmental, and neurologacal disorders the park had been and their links to chemical exposures sprayed with Those weeds, those dandelions and clover herbicides to control and henbit, are not threats to the public broad leaf weeds, health The herbicides sprayed to kill them such as clover and are Wepmson ourselves when ~e poison dandelions Many, if the weeds not all, of our city's Our city allows the contamination of the ~ubhc parks, soccer streams creeks, and ponds m our parks elds, and Ed with this spraying, vet It fights to keep recreational areas MTBE out of I~ake Lewlsvllle Our water were sprayed with So~}h department ask~ us not to dispose of 2,4-D, slmazllle, chemicals m the ~tot m drams, yet our MSMA, and parks department contaminates the storm glyphosate, according water runoff w~th ~ome of the same toed Hodney, director of the Denton Parks chemicals that v,e are a~ked to be careful and Recreation Department with Such policies are contradictory and These herbicides are not safe In ineffective researching them one fi'equently reads that An effective policy can begnn now This a chemical "lacks at least some of the ~pravmg ,s an easll5 a~ mdqble concern natmnal data reqmred for safety qnd many residents are encouraged that assessment" Or, that basic tests to identify Ld Hodney, the director of parks and health hazards have not been conducted on lecreatlon and his staff,ire comnntted to a particular chemical, nor on the exploring healthlul and safe alternatives synargast~c effects of mixtures of chemicals And m that spirit of concerned The data for hazard rating is not responsibility Denton citizens should ask available, so the chemical is listed as our parks department and c~ty council to "suspected" of being carcinogenic or cease further spraying of these harmful "suspected" as a gastrointestinal, liver, herb~cides if such spraying is not mandated kidney, or blood toxicant The by an urgent threat to the public health manufacturers' disclaimer, "Safe when And, that this moratorium remmns In used as directed "is meamngless The effect until safe alternatives have been chemicals have not been screened for discassed and implemented health hazards In the meantnne we wdl not be Should this suspic~on of health hazards threatened by ~ny 'suspected' or known reaasuro us ora chermcars safety or warn dangers of sonic green weeds and little us oflte potential dangers* Should we act yellow flowers, the duldren and their out of ignorance, or out of good common parents can resume their ~ealch for those sense and precautaon9 An environmental lucky four leaf clovers and a walk in ;he strategy based upon how much known or park wall be healthful Environmental health should be based precautionary measures that we fellow in personal health We seek the doctors, the medicines, and the hospitals that are most likely to cure us and the least likely to harm us Our approach to our commumty's envaronmental health should be no 8 different Attachment 4 The following article has been submitted to the Denton Record Chronicle by Tom LaPolnte, UNT Professor, as a counter response to information presented by Ed Soph CHEMICALS IN THE ENVIRONMENT' IGNORANCE IS NOT BLISS In his thoughtful Guest Column on March 30, Ed Soph cautions us about using herbicides in parks and other public lands Th~s concern is well placed, but absolute fear of chemical application can lead to paralysis in society We need to learn about the different risks facing us and how to prioritize our efforts to reduce them It IS highly hkely that exhaust fumes from cars and trucks are a far greater risk to human health than are the herbicides sprayed in public parks In society In general, most of us ran from chemistry m school Chemistry has always been viewed as a "tough course," one to avoid if possible However, not understanding how chemicals act or move ~n the environment is coming around to hurt us Everyone needs to understand where chemmals end up, how they break down (into what "sub-products"), and how they affect organisms (animal and plant) If we don't understand this, society may spend a lot of money and energy on less-~mportant problems (and still not reduce serious risks) For example, we cannot lump all herbicides 1nfo one group the chemicals mentioned by Mr Soph in his letter (glyphosate, 2,4-D, and slmazme) are very different Each herbmlde acts differently by targeting a dlfferent life process in plant growth For example, slmazme blocks the photo-chemical actlwt~es ~n plants and hinders photosynthesis, 2,4-D acts as a growth hormone m~mm, causing the plant to hterally out-grow Itself Glyphosate acts by preventing plants from producing an essential amino acid, reducing the plant's protein content, and inhibiting its growth Each herbmide breaks down differently ~n the environment Most important, herbicide presence in the enwronment does not mean there is enough of it to harm animals Let me briefly explain Glyphosate is eaten by microbes and breaks down In quickly, only 50% remmns after one week, 25% after two and 10% after three weeks It ~s not volatile (does not move ~nto the mr) and ~ts breakdown products are non-toxic Slmazlne, one of the trlazlne class of chemicals, blocks photosynthesis in plants It has a longer half-life (about one month) than glyphosate and does not break down as readily ~n the environment It is quite water-soluble and presents a problem if it IS applied on steep slopes or before rmnfalls 2,4-D is also eaten by microbes and has a half-hve of SlX days ~n soil, and completely breaks down to non-toxin subunits of carbon and hydrogen It is absolutely critical for society to understand the relationship between being exposed to a chemical and the consequences of being exposed Toxicologists often use the catch phrase, "the dose makes the poison" This says that there are low enough concentrations of any chemical, let alone herbicides, that do not produce a toxic effect on plants or animals At high enough concentrations, any chemical will be toxic Can I say that herbicides are never a problem for human health9 No, because there is no absolute certainty However, if properly applied, they are not in concentrations to be a human health problem For animals (including humans), there is no target organ or tissue agmnst which these chemicals work directly For many herbicides (and specffically for 2,4-D, glyphosate and simazine), the odor and sensitivity folks experience is often from the chemicals used to apply the "active ~ngredient" Yes, the odor may be offensive and some folks are sensitive, but that does not mean the herbicide, itself, ~t making the person fll It is most hkely the carrier chemmal I am not saying that we should apply herbicides or insecticides in a willy-nilly manner The timing of application, the carrier chemicals, the volume applied, are all important variables to control Nor am I saying that chemicals in the environment are "of no concern" We need to be vigilant in their use We need to educate ourselves sufficiently to understand the relative risk of chemicals ~n the environment It gets back to my point about "paralysis," above Exposure is everything Ifa chemical is in high concentration, if it does not break down into non-toxic subunits, if we are exposed to the active materml at sufficiently h~gh concentrations for a long enough time, then the chemical is a problem So, if we compare the relative risks to a person walking in a city park, the risk of being harmed by automobile fuel residues in the mr is much higher than the risk from herbicide exposure The patent absurdity of burning fossil fuel to drive a vehmle we~ghmg 3,000 pounds to transport one 185-pound ~nd~wdual should come to m~nd The waste gases produced by the total number of vehicles in the Page 10 Metroplex places much more risk to animals, young and old, than does proper use of herbicides in parks As a society, we need to know where the real chemical risks are, and apply efforts and funds to eliminate those risks first Once we reduce the ozone, nitrous oxides, benzene residues and carbon monoxide in the air, walks in the park will be truly healthy, even if herbicides have been properly apphed Page 11 F \admm\C~ty Coun¢fl~PESTICIDES doc Attachment 321 E McKmney Street Denton, Texas 76201 (940) 349-7135 FAX (940) 349-8529 Memorandum To Ed Hodney, Director Parks and Recreation Department From Emerson Vorel, Superintendent of Park Operations Parks and Recreation Department Date March 1, 2001 Subject Pesticide Use In response to concerns by several citizens regarding the use of pesticides by the Parks and Recreation Department I would like to recommend the following course of action until we have the opportan~ty to meet w~th City Council and the citizens of Denton [] Suspend the use of products containing 2,4-D, Dlcamba, and MCPP [] Suspend the use S~mazane [] Make broadcast apphcations of Roundup, m Class A parks only, to control broadleaf weeds and cool season grasses All broadcast applications will be made during the hours that the parks are legally closed, to minimize any pubh¢ exposure to the chemtcals [] Make handgun apphcatlons of Roundup to tree rings, fence lmes, and concrete surfaces to control vegetation [] Make handgun apphcat~ons of Rodeo to the banks of creeks and ponds to control vegetation Make broadcast apphcatlons of Award to Class A and B parks to control fire ants [] Make hand gun apphcat~ons of Primo to regulate the growth of turf around the headstones at the IOOF and Oakwood cemeteries [] Spot treat individual fire ant mounds w~th Orthene This will only be done where the ants are damaging electrical equipment or where a mound is creating a hazard to the public [] Apply Fusllade as a post emergent to control grass ~n planting beds only [] Apply Surflan as a pre emergent weed control in planter beds only Apply Snapshot as a pre emergent weed control m planter beds only [] Apply Orthene to control insects m color beds only Page 12 www mtyofdenton com ADA/EOE/ADEA Attachment 6 MEMORANDUM To Mayor and Members of the C~ty Counml From' Ed Hodney, D~rector of Parks and Recreation ,~ ~ Date' February 13,2001 SubJeCt' Herbm~de Use m Parks The Parks mad Recreation Department routmely uses a variety of herbimdes on parks and other pubhc properties to mlmmlze weed growth and to ~mprove turf quahty These products are apphed as both pre-emergents and post-emergents at certmn t~mes of the year, but especially during the late wrater months This herbm~de apphcatlon program allows the C~ty to reduce the need for mowing m early spnng, and the associated labor and equipment costs Based on recent surveys regarding park mmntenance, I beheve most of our park users prefer the appearance th~s practme g~ves us, although most of our ras~dents may not be aware of the chemicals and methods we use Our herbm~de spray program has been m place for years, and is consistent w~th that exercised by most other cities m Texas Each of the chemicals we use is approved for use on pubhc property, including parks Our program operates under regulation by the State of Texas, and all of our apphcators are hcensed by the Texas Department of Agriculture Great care is taken to prevent the public from coming ~nto contact with these chemicals in our parks Recently, a r~umber of CXtlzens have become aware of our herblcxde program and have contacted me w~th their concerns Some md~vxduals have asked for an lmmedmte cessation of the program, while others have encouraged us to move rapxdly toward alternatxves to the use of these chemxcals In partmular, Ed and Carol Soph w~th C~t~zens for Healthy Growth (CHG) met wxth me to learn mom about the spray program and explore alternatives to the products we use As the attached flyer ~ndacates, I have already commxtted to workxng w~th CHG and others on a search for reasonable alternatIves to the use of herbmxdes My goal ~s to move toward a dramatic reductxon in the use of the products of concern while achxewng the objecuve of a weed-free, healthy turf in our parks and public properties P~el3 To th~s end, CHG, the Parks and Recreation Department and others are planning an open forum to discuss th~s ~ssue and explore alternatives that will still achieve our grounds mmntenance objectives The forum is tentatively scheduled for April, hopefully to be held in concert with Earth Day activities Obviously, we are committed to an open and objective dialog on this ~ssue Watch for news of a community forum on alternatives to the use of herbicides in April, sponsored by Parks and Recreation and CHG Please contact either Janet S~mpson or me with any questions or comments about th~s matter Attachment Flyer distributed by Citizens for Healthy Growth Copies to Ed and Carol Soph Members of the Parks and Recreation Board Page 14 Agonda IterP~- ~ _'~. AGENDA INFORMATION SItEET AGENDA DATE' April 10, 2001 DEPARTMENT' Fire Department Fortune, Assistant Ctty Manager I~ CM/ACM' Jori SUBJECT: Receive a report, hold a d~scuss~on and give Staff direction regarding the process to select an architect to design the new Central Fire Station BACKGROUND: Staff was d~rected by the C~ty Cotmcfl at their Work Session on January 23, 2001, to re- lntervaew the four architectural firms for the design of Central F~re Station in the old power plant at Hmkory and Bell The C~ty Councd added four (4) members to the interview committee two (2) Council Members, a representative of the Denton Historical Landmark Commission, and, one additional firefighter The following Select~on Committee interviewed the four finalists on Monday, April 4, 2001 Mark Burroughs, City Council Member M~ke Cochran, C~ty Councd Member Peggy Capps, Chmr-Denton H~stoncal Landmark Commission Jon Fortune, Assistant C~ty Manager-Pubhc Safety Ross Chadwick, Fire Chief Brace Henmgton, Director of Fac~ht~es Management Christy Shrchak, Purchasing Department Crmg Gajdos, Flrefighter/Dnver SELECTION PROCESS: The Selection Committee used the following selection process to propose the most highly quahfied architect for the design of Central 1 Reviewed each firm's submitted proposal 2 Listened to each firm's forty-five minute overview presentation 3 Spent forty-five minutes asking each firm the same prepared questions (Attachment # 1) and any addit~onal questions that were generated by a firm's response to the prepared questions 4 Rated each firm using the rating forms (Attachment #2) Page 1 5 After all the firms were lndavldually rated, ranked them 1 to 4 (with #1 being the arctutectural firm felt to be the most highly qualified to design Central) (Attachment #3) 6 All of the final rankings by the Committee were then tabulated to determine the overall most highly qualified firm The Committee then discussed the final rankang and attempted to reach a consensus of the most highly qualified firm along with #2, #3 and #4 A consensus was reached by the Committee with the following results #1. James Klrkpatrick Architect #2 Wigington Hooker & Jeffry Architects #3. BRW Architects/Bates #4 Randall Scott Architects RECOMMENDATION: The Selectmn Committee recommends James Klrkpatnck Architect as the most highly qualified arelutect If the City Council directs, a Negotiations Team made up of City Staff wall then negotiate with James garkpatnck and if a contract agreement can be reached, submit the proposed contract to the City Counml for final approval If an agreement cannot be reached with the #1 firm, then negotiations will begin with the #2, and so on until a firm can be proposed to the City Council Respectfully Submitted Ross Chadwick Fire Chief Attachments Interview Questtons 2 Rankmg Forms 3 Final Ranlang Form Page 2 Attachment//1 Central Fire Station ARCHITECT SELECTION COMMITTEE INTERVIEW QUESTIONS 1 Please descnbe your expenence and quahflcat~ons related to the renovation or preservation of h~stoncal buddings? (Capps) 2 Please describe your expenence and qualification related to the design and construction of fire stations (Burroughs) 3 To what extent will the h~stoncal integrity of th~s building be a factor ~n the design of a fire stat~on~ (Capps) 4 What are the challenges ~nvolved in making th~s steam plant ~nto a fire station that could affect ~ts ability to funct~on~ (Chadwick) 5 What ~s umque about the design of fire stations that sets them apart from other techmcally challenging bufld~ngs~ (Cochran) 6 Please describe your staff's quahflcat~ons and expenence to convert th~s h~stoncal building into a state-of-the-art fire station (Fortune) 7 Please describe one or more proJects that demonstrate your ability to convert th~s hmtorlcal building ~nto a fire station (Hemngton) 8 Please describe your success for meeting past project goals (schedule/budget/design concepts) (Sk~rchak) 9 What will the process be for determining the specific space and functional needs of th~s fire station7 (Gajdos) 10 Who wdl you talk to and who will review the decisions being made before the design plans are flnahzed~ (Capps) 1 1 Please describe your design process (Burroughs) 12 How does your past experience make you the most quahfled to design th~s fire station? (Cochran) Page 3 Attachment//2 Central Fire Station ARCHITECT SELECTION COMMITTEE RANKING FORM I. EXPERIENCE (2~%) A Experience Related to the Renovation of H~stoncal Buildings (1 =low/10=h~gh) 2 Quahf~cat~on related to the renovat~on of h~stoncal 1 2 3 4 5 6 7 8 9 10 buildings Complexity of h~stoncal renovation projects 1 2 3 4 5 6 7 8 9 10 B Experience Related to the Design of F~re Stations 1~ Quahflcat~onrelatedtothedeslgnofflrestat~ons 1 2 3 4 5 6 7 8 9 10 Complex~tyofflrestatlon design projects 1 2 3 4 5 6 7 8 9 10 C Working ~n Denton and the Denton Area I 1 I Famlhanty with local process to complete project I 1 1213141 Sl 6171819110] D Key Staff (Project Manager) 1 ProJect manager background/local expenence 1 2 3 4 5 6 7 8 9 10 2 Team staff~ng, quahf~cat~onsbackground/Iocal 1 2 3 4 5 6 7 8 9 10 exper ence H. QUALITY or WORK (2S%) A Demonstrated Experience ~n Completed Projects (1 =low/lO=h~gh) i H~stoncPreservat~on 1 2 3 4 5 6 7 8 9 10 F~reStat~ons 1 2 3 4 5 6 7 8 9 10 OtherProjgcts 1 2 3 4 5 6 7 8 9 10 B Abd~ty to Meet Umque ProJect Goals i Umque scope of work on other projects 1 2 3 4 5 6 7 8 9 10 H~ghquahtyofserwce 1 2 3 4 5 6 7 8 9 10 Performance h~storyoft~mehness/w~thm budget 1 2 3 4 5 6 7 8 9 10 C Knowledge of State-of-the-Art F~reflght~ng Page 4 2 Knowledge of F~reflght~ng 1 2 3 4 5 6 7 8 9 10 opt~onsAb~htyt°accessand°fferafullrange°fdemgn 1 2 3 4 5 6 7 8 9 10 IlL COMMITMENT TO UNIQUE COMMUNITY INTEREST (25%) A Commitment ~n ascerta~mng Denton's commumty ~nterests (1 =low/lO=h~gh) I 1 I Process to ascertain Denton's needs for this project I 1 I 2 I 3 I 4 I 5 i 6 I 7 I 8 I 9 I 10I B Commitment ~n ~mplement~ng Denton's (C~ty and Commumty) ~nterest w~th~n pro}ect scope 1 l Dur~ngplanmnganddemgn 1 2 3 4 5 6 7 8 9 10 2lDur~ngconStruct~on 1 2 3 4 5 6 7 8 9 10 IV. COMMITMENT TO SUPERIOR PERFORMANCE (25%) A Design Process (1 =low/lO=h~gh) 2 Reasonable scheduleforcomplet~on 1 2 3 4 5 6 7 8 9 10 Reasonable per~od for client rewew and ~nstruct~on 1 2 3 4 5 6 7 8 9 10 B Adequacy of Resources for Project i Staffing levels proport~onalto address large project 1 2 3 4 5 6 7 8 9 10 Proper supportto handle unexpected prosectchanges 1 2 3 4 5 6 7 8 9 10 How many current/expected projects 1 2 3 4 5 6 7 8 9 10 C Creat~wty 2 Scope~mprovements 1 2 3 4 5 6 7 8 9 10 New~deas 1 2 3 4 5 6 7 8 9 10 Page 5 Attachment//3 Central Fire Station ARCHITECT SELECTION COMMITTEE FINAL RANKING FORM Based on my ,nd,v~dual rating forms, thru is my overall rank,ng of the four architects ,nterv,ewed to demgn central f,re station, w~th #1 be,ng the architectural firm I feel to be the most h,ghly quahfmd Page 6 AGENDA INFORMATION SHEET AGENDA DATE: April l0th, 2001 DEPARTMENT: Engineering ¢1 ACM David Hill, Assistant City Manager/Development Services SUBJECT Receive a report, hold a discussion and give staff direction regarding the State School Road Connector as an amendment to the City of Denton Mobility Plan Roadway Component BACKGROUND An amendment to the Roadway Component of the Denton Mobility Plan is under consideration, adding a collector street connection between State School Road and Wind River Lane, with a possible connection to the east side of Sundown Ranch Subdivision Dunng a December 12, 2000 work session, City Council decided to postpone action due to several unanswered concerns Since that time, Staff commissioned a study of the proposed Connector system, which is included as Attachment #1 The study identifies three possible routes for the connector, and evaluates each route based on relative traffic benefits, construction cost, and impact on Environmentally Sensitive Areas (ESA's) The study also makes recommendations concerning noise, headlight glare, and pedestrian factors Staff began the process by meeting w:th Jim Sthley, Director of the Denton State School, Bob Shelton, owner of the Unicom Lake Property, and Danme Cummings of C&P Engineering, the City's traffic consultant At the lnmal meeting, three poss3ble routes for the connector were identified, and noted as generally acceptable by all parties After the tmtlal meetang, staff directed Danme Cummings to proceed w~th the study Once a draft study was complete, all parties from the initial meeting met again to review the findings and to attempt to formulate a consensus on which of the routes would best serve the transportation needs of the City and address potential concerns of adjacent property owners, while mlnlnnzmg ESA impact Dannie Cummings, P E, produced the final version of the study based on the outcome of that meeting In addition to the study, Attachment #2 provides aerial photos of the alternaUve alignments, and Attachment #3 provides a summary table that compares the alternatives Prior to adoption of a Moblhty Plan amendment, the Planning & Zoning Commission will hold a public heanng and make a recommendation, City Council will then hold a second public hearing and consider adoption of an ordinance amending the Mobility Plan OPTIONS 1 Direct Staff to process an amendment to the Roadway Component of the Denton ~t~tbdlty Plan to include Option #1, Option #2, or Option #3 as the preferred route for the e School Road Connector 2 Direct Staff to process an amendment to the Roadway Component of the Denton Mobility Plan Identifying all three options, allowing further comment during public hearings and recommendation of a preferred route by the Planning & Zomng Commission 3 Direct Staff to conduct further research 4 Direct Staff to discontinue evaluation of the Mobility Plan amendment If staff is directed to process any of the three options, public hearings will be scheduled for both the Planning & Zoning Commission and City Council with possible pubhc meetings with the Wind River, Bnarcllff, and Sundown Ranch neighborhoods to obtmn additional comments RECOMENDATION Staff recommends Option #3 for the following reasons 1 Traffic Impact. Generally speaking, the Denton Plan advocates connectivity between neighborhoods and between neighborhoods and services to promote pedestrian and bicycle traffic as well as keeping unnecessary veincle trips off the City's arterial system Collector streets in neighborhoods enable residents to reach destinations within and adjacent to the neighborhood without entenng the arterial system Specifically in reference to Teasley Lane, Option #1 has the most positive impact on Teasley Lane reducing the number of trips by 6,800 (LOS F to LOS E) However, Option #3 reduces the trips on Teasley Lane by 6,100 (LOS F to LOS F-), winch is only a difference of 700 tnps The slightly less positive effect on Teasley Lane is overcome as explmned below when considenng costs and ESA disturbance Option #2 has minimal effect on Teasley Lane, a 700-trip reduction, and would actually have a small negative impact on the western portion of Wind River Lane 2 Cost. Option #2 is the least expensive option at just over $1 2 mllhon, but has a very small positive impact on Teasley Lane Option #1 is the most expensive option at just over $2 3 million and Option #3 is the second most expensive option at .lust under $2 1 million dollars Looking at the ratio of Cost over Trip reduction on Teasley Lane, Option #2 yields $1,730 per trip reduction Options #1 and #2 yield $340 and $343 per trip reduction, respectively, winch is nearly the same 3 ESA Impact. Option #2 has the least impact on ESA's with only 0 6 acres of upland habitat disturbance and one floodplain crossing, but as mentioned above, has very little positive traffic impact and in terms of the traffic impact is not cost effective Option #1 disturbs 5 6 acres of upland habitat and includes 2 floodplain crossings One of those floodplain crossings has already been partially constructed with Unicorn Lake Option #3 disturbs 3 3 acres of upland habitat and includes 2 floodplain crossings Again, one of the floodplam crossings is already partially constructed From a floodplain standpoint, Options #1 and #3 are almost equal in terms of trip reduction on Teasley Lane per floodplmn crossing However, the effect of trip reductxon on Teasley Lane per acre of upland habxtat disturbance Options #1, #2 and #3 y~eld 1,214, 1,167 and 1,848 trips reduced per acre of upland habitat dxsturbance, respectively 4 Consensus w~th State School and Umeorn Lake Interests. Jxm S~bley wxth Denton State School mdmated that all three options were equally acceptable to Denton State School as the mapacts to State School of each option are almost ~demxcal Bob Shelton of Umcom Lake Development md~cated a preference for Option #3, although he would not be opposed to any of the three opUons An evaluation matrix ~s prowded as Attachment #3 to summarize these conclusions PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planmng & Zomng Commxssmn recommended approval of the amendment on September 27, 2000 C~ty Council held a pubhc hearing on November 28, 2000, and on December 12, 2000, ~dentlfied specific concerns that were not sufficiently addressed and needed further research FISCAL INFORMATION There ~s no immediate fiscal ~mpact for the C~ty of Denton other than staff time to rewse the map ff amended Ultimately, at least a portton of the connector will require Clty fnndmg through the Capital Improvements Program The expected costs are smnmanzed ~n the attached evaluation matrix ATTACHMENTS Attachment #1 State School Road Connector Study Attachment #2 Aerial Photos w~th Proposed Ahgnments Attachment #3 Evaluation Matrix Rely submitted Dawd Salmon, Interim D~rector Engmeenng Department , ATTACHMENT i STATE SCHOOL ROAD CONNECTOR STUDY Report Prepared for CITY OF DENTON Prepared by C&P Engineering, Ltd. 3501 FM 2181 · Suite 230 · Corinth, Texas 76210 · (940) 270-0602 STATE SCHOOL ROAD CONNECTOR ROUTE STUDY WIND RIVER LANE TO STATE SCHOOL ROAD PURPOSE OF STUDY The purpese of this study ~s to ~dentlfy three alternabve routes for a new collector street to serve the Teasley Lane corridor The new facd~ty ~s proposed to be located north of Denton State School and would prowde a connection between W~nd R~ver Lane and State School Road STUDY APPROACH To accomplish th~s study five basic work efforts were accomplished These efforts are briefly described ~n the follo~ng paragraphs AREAS OF CONCERN C&P met w~th C~ty staff to ~dentlfy the key areas of concern regarding the ahgnment of the proposed connector route GENERAL ALIGNMENTS A meeting was held at Denton State School ~nth representatives of the school, the C~ty, area developers, and C&P to d~scuss the study and to ~denbfy possible ahgnment alternatives Ahgnments were selected and C~ty staff finalized a series of three general alignments DETAILED LAYOUT OF ALIGNMENTS Ubhzlng the general alignment alternatives C&P developed a more detaded layout of all three ahgnments COST ESTIMATES Based on the detailed ahgnment layouts C&P developed detaded construcbon cost estimates EVALUATION OF ALIGNMENTS C&P conducted a detailed evaluabon of all three alignments and developed a companson of the benefits as wall as the constraints of each alignment A more detailed descnpbon of these five work efforts are presented irt the following pages Page-l- AREAS OF CONCERN F~ve areas of concern were ~denbfled by C~ty staff to be ~ncluded ~n the development of the three ahgnments 1 No~se Mlbgabon The new connector street may ulbmately carry 12,000 vehicles per day The vehicular no~se created by th~s level of traffic may pose a concern to adjacent res~denbal areas 2 Headhght Glare M~bgat~on L~ke~se, the headhght glare from the vehicular traffic on the connector may also pose a concern to adjacent res~dential areas 3 Pedestrian Crossing Controls The ex~sbng pedestrian pathways that follow the flood plain upstream of th~s area are expected to be maIntained and extended to State School Road Adequate pedestnan controls w~ll be needed to allow pedestrians to continue to safely ut~hze th~s area to ~ts fullest extent 4 Enwronmentally Sens~bve Areas (ESA's) There are two key ESA's that must be addressed ~n the select~on of an alignment through this area the flood plain and the upland habitat (heawly treed areas) 5 Impact on Teasley Lane Traffic Reduction The Teasley Lane Corridor study ~denbfled the State School Connector as an ~ntegral part of the overall mob~hty plan that wes recommended for the Teasley Lane Corridor The ulbmate ahgnment of the connector should be one that results m a reasonable reducbon ~n traffic volumes on the secbon of Teasley Lane between L~lhan M~ller/Teasley Lane and Robinson Road Page-2- GENERAL. ALIGNMENTS General ahgnment alternatives were agreed to at a meebng held at Denton State School wth representatives of the school, the C~ty, area developers, and C&P C~ty staff then flnahzed these general ahgnments and prepared three exhibits as part of the C~ty's Mob~hty Plan Cop~es of the three exhtb~ts have been ~ncluded as attachments to th~s report Alignment #1 ts a continuous route that connects Wind R~ver Lane and State School Road and crosses the UnIcorn Lake flood plain area twice Its basic ahgnment carries the connector south of Un~corn Lake Alignment #2 ~s a shorter continuous route that connects W~nd R~ver and State Sohool Road and crosses the Un~corn Lake flood plato area once Its basic ahgnment cames the connector north of Un~corn Lake Alignment #3 ~s a combtnabon of alignments 1 and 2 and crosses the Un~corn Lake flood plato area b~ce It consists of two routes the porbon of Ahgnment #1 that falls on the west s~de of Umcorn Lake, and Ahgnment #2 Page-3- DETAILED LAYOUT OF ALIGNMENTS Utlhzlng the general ahgnment alternabves C&P developed a more detailed layout of each ahgnment The layouts were accomphshed using the following C~ty des;gn cr;tena for collector type streets and ~n accordance ~th the C~ty's comprehensive plan enbtled "The Denton Plan 1999 - 2000" Exhibits of the detailed layouts are ;ncluded on pages 6, 7, and 8 of this report Based on our analysts of projected traffic volumes we have determined the pavement ~ndth needs and corresponding funcbonal classifications for each alignment Table I has been prepared to summanze th~s information TABLE 1 Pavement Widths and Functional Classlficatmns ALI(3NMENT .... ' ..... PA~~ ~ ~ r ~'¢ ~ .... FUNCTIONAL CLASSIFICATION ,, ...... ,,, .... , , Alignment #1 45' Commerc~al/M~xed Use Center Collector Ahgnment #2 36' Res~denbal Avenue Ahgnment #3 Left 45' Commerc~al/M~xed Use Center Collector Ahgnment #3 R~ght 36' Residential Avenue The followng ~s a hstmg of the key design elements and criteria that were used in developing the three ahgnments Design Speed = 35 m~les per hour R~ght-of-Way = 73' and 64' S~dewalk W~dth = 8' Honzontal Radius = 400' (m~mmum) Pavement Depth = 6" concrete v~th hme stab~hzed subgrade The exhibit for each ahgnment has been developed to ~llustrate several areas screening wall locations, the intrusion ~nto the flood plato and upland habitat areas, and pedestnan crossing,locations Screemng Wall Locabons To m~bgate vehicular no~se and headhght glare from vehicles travehng along the connector, we have suggested several possible Iocetlons for screening walls These Iocabons were selected based on the need to assist two specific areas future res~denhal areas, and Denton State School Page -4- Flood Plain and Upland Habitat Areas A review of each exhibit will y~eld a general feel for the level of ~ntrus~on that each ahgnment has on both of these ESA's in the followng sections of th~s report we have ~dent~f~ed and quantified thru ~ntrusion ~n terms of the drainage facilities required to cross the flood plain and the acreage of upland habitat removed Pedestrian Crossing Locations These are the probable crossing locations for pedestrian pathways that follow the flood plain area They should be s~gned and marked according to the requirements of the Texas Manual on Uniform Trafhc Control Dewces (TMUTCD) The ~mpact that each ahgnment Nil have on the reduction of traffic volumes on Teasley Lane is not d~scarnable from a review of the detailed alignment exhibits As a result, we have prepared Table 2 to summarize the ~mpact on the Teasley Lane traffic reduction for the corridor's build out year of 2016 The section of Teasley Lane ~ncluded ~n th~s analysm ~s that portion between L~lhan M~ller/Teasley Lane and Ryan Road The two conditions addressed in Table 2 are the projected traffic volumes levels of service v~th the connector and the projected traffic volumes and levels of service wthout the connector TABLE 2 Impact on Teasley Lane Traffic Reduction TEASLEY LANE ALIGNMENT WIDTH ,CONN, ECTOR WIT,HOUT CONNECTOR Ahgnment #1 32,450 vpd / LOS "E' 39,250 vpd / LOS "F" Alignment #2 38,550 vpd / LOS "F" 39,250 vpd / LOS "F" Ahgnment #3 33,150 vpd / LOS "F-' 39~250 vpd / LOS "F" The results ~n Table 2 indicate that ahgnments 1 and 3 vail have the largest ~mpact on reducing treff~c volumes on Teasley Lane Ahgnment #1 ~s the best, but Alignment #3 is a close second by a difference of 700 vehicles per day Alignment #3 w~ll have only a m~n~mal ~mpact on reducing traffic volumes on Teasley Lane Although thru analys~s of the traffic impact on Teasley Lane has been quantified m "vehicles per day'', perhaps the most nobceable ~mpact w~ll be during the p m peak hour per~od when the work-to-home motorists have the best opportunity to ut~hze the proposed State School Road connector We should also point out that traffic volumes along W~nd River are expected to maintain very good service levels regardless of which ahgnment alternative ~s ultimately selected Page-5- ,I COST ESTIMATES C&P has developed prehminary cost esbmates for each of the three proposed ahgnments A detailed breakdown of each esbmate has been attached for your review These esbmates reflect current 2001 construcbon costs and include pawng, drainage, screening walls, and design costs The total esbmated cost to design and construct each ahgnment ~s summarized below ALIGNMENT #1 $ 2,315,460 ALIGNMENT #2 $1,211,085 ALIGNMENT ~3 $ 2,094,130 In the following paragraphs wa have described the key elements revolved ~n each cost esbmate Ahgnment #1 The drainage costs for th~s esbmate ~nclude three crossing Iocabons where box culverts w~tl be required the first Iocabon w~ll require two 10'x6' box culverts, the second location w~ll require one 8'x4' box culvert, and the third location ~11 require s~x 8'x4' box culverts A screening wall has been ~ncluded to m~bgate no~se and headhght glare to res~denbal areas and Denton State School We recommend no wall on the ~ns~de of the ahgnment Th~s w~ll allow the Un~corn Lake area to be ws~ble to motorists Alignment #2 The drainage costs for th~s esbmate ~nclude three crossing locations where p~pe culverts wll be required the first location wll require a s~ngle 36" p~pe, the second Iocabon vail require a s~ngle 36" p~pe, and the third Iocabon w~ll require a s~ngle 48" p~pe A s~m~lar treatment of screemng wall placement ~s suggested for th~s ahgnment for no~se and headhght glare m~t~gabon No Wall has been ~ncluded on the ~ns~de of the ahgnment adjacent to the lake area Ahgnment #3 The drainage costs for th~s esbmate ~nclude the two 10'x6' box culverts from Ahgnment #1 and the three p~pe culverts from Ahgnment #2 As was suggested ~n ahgnments 1 and 2 the screening wall has been included for no~se and headhght glare m~t~gat~on The total esbmated design and construcbon costs do not ~nclude costs for obtaining the necessary nght-of-way The r~ght-of-way costs should be fairly consistent among all three ahgnments Page-9- EVALUATION OF ALIGNMENTS C&P conducted a detailed evaluabon of all three ahgnments The followng paragraphs summanze the benefits as well as the constraints of each alignment ALIGNMENT #1 Benefits Th~s ahgnment prowdes an excellent opportunity for access to two areas the Sundown Ranch area west of the ahgnment and the SF property north of Denton State School Th~sahgnmentalsoprowdeshm~tedaccesstothe LI, PD, and GR property south of Wind River Measures can be ,mplemented to address key areas of concern such as no~se, headhght glare, and pedestrian crossings Th~s ahgnment wll have a positive impact on reducing traffic volumes on Teasley Lane Esbmates suggest that 6,800 vehicles per day m~ght chose th~s ahgnment for their vehicular tnp rather than Teasley Lane Constraints Th~s ahgnment ~s a continuous secbon that ~s 5,400 feet ~n length and ~s the most expensive to build (shghtly h~gher than Ahgnment #3) From an ESA standpoint th~s ahgnment ~11 have a s~gmflcant ~mpact on the flood plain and upland habitat area Th~s ahgnment wll cross the flood plain area at three locations requ~nng a total of n~ne box culverts and vail ehm~nate 5 6 acres of the upland habitat area A s~gn~flcant drainage study may be required by the Corps of Engineers to address th~s intrusion into thru enwronmentally sens~bve area ALIGNM~ Benefits Thru ahgnment prowdes a better level of access to the LI, PD, and GR property south of Wind R~ver than does Alignment #1 and there ~s m~n~mal ~ntrus~on (0 6 acres) ~nto the upland habitat area Measures can be ~mplemented to address key areas of concern such as no~se, headhght glare, and pedestrian crossings Thru ahgnment ~s the shortest (3,320 feet ~n length) and as a result the least expensive to build Constraints Thru ahgnment prowdes no opportunity for access to the Sundown Ranch area or the SF property north of Denton State School Although th~s ahgnment ~11 only require three p~pe culverts as ~t crosses the flood plain area, ~t v~ll require that one of the ponds be part~ally filled ~n and then expanded ~n order to maintain tts ex~stmg s~ze Th~s ahgnment may also require a s~gn~flcant drainage study to sabsfy the Corp of Engineer's concerns regarding the ~ntrus~on ~nto th~s enwmnmentally sens~twe area Page -10- Th~s ahgnment v~ll have only a m~mmal ~mpact on reducing traffic volumes on Teasley Lane Esbmates suggest that only 700 vehicles per day m~ght chose th~s ahgnment for their vehicular tnp rather than Teasley Lane ALIGNMENT ~ Benefits Th~s ahgnment prowdes a comb~nabon of the benefits from the other two ahgnments It prowdes an excellent opportunity for access to all three of the referenced areas the Sundown Ranch area, the SF property north of Denton State School, and the LI, PD, and GR property south of Wind R~ver Measures can be ~mplemented to address key areas of concern such as no~se, headhght glare, and pedestnan crossings This alignment will have a pos~twe ~mpact on reducing traffic volumes on Teasley Lane Estimates suggest that 6,100 vehicles per day m~ght chose thru ahgnment for their vehicular tnp rather than Teasley Lane Constre~nts Th~s ahgnment contains two segments that total 5,635 feet of length and ~s the second most expensive to construct (shghtly lower than Alignment #1 ) The drainage requirements of this ahgnment to cross the flood plain ~s a combmabon of ahgnments 1 and 2 two 10'x6' box culverts, three p~pe culverts, and a part~al fllhng and expansion of one of the ex~stmg ponds Thru ahgnment may too require a s~gmflcant drainage study to satisfy the Corp of Engineer's concerns regarding the intrusion into thru enwronmentally sensitive area Approximately 3 3 acres of upland habitat area will be ehm~nated w~th this ahgnment One other aspect of comparing these three ahgnment alternabves ~s the developer parhc~pation ~n the construction costs We have analyzed each ahgnment and have developed Table 3 to summarize the estimated parbc~pabon percentages as well as the corresponding part~c~pabon costs for each ahgnment TABLE 3 Developer Participation ALid~M~.i~ 'TOTAi~ C~:~ ~~ DEVELOPER PARTiCiPATION. ~ C© N$~I~i'i3N PARTICIPATION DEVELOPER ............... ~ ~ ~,~ .... : ........... COST , ,, Ahgnment #1 $2,089,800 55% $1,149,400 Ahgnment #2 $1,085,200 55% $596,900 Ahgnment #3 $1,873~650 60% $1,124,200 Page-11- CLOSING We have developed three possible ahgnments of a connector street between W~nd R~ver Lane and State School Road The purpose of the eventually selected ahgnment vail be to serve as a collector level street serving the area bounded by Teastey Lane, Wind R~ver Lane, State School Road, and Denton State School In add~bon to serwng th~s area by prowdmg access, the connector road should also relieve the traffic burden on Teasley Lane by prowd~ng an alternate route to IH 35 for many of the area residents and commermal patrons The three ahgnments proposed m this study also include screening walls and pedestrian crossing areas By addressing these types of concerns early ~n the planmng process their design can be easily ~ncorporated ~nto the final design plans The study has provided evaluation ~nformat~on for each ahgnment This ~nformabon includes flood plain and upland habitat intrusion, esbmated construcbon costs, esbmated developer part~c~pabon costs, and traffic ~mpact cons~derabons on Teasley Lane We are hopeful that the informabon provided m th~s study report, the exhibits, and the cost estimates ~11 allow C~ty staffto make better ~nformed decisions regarding the State School Connector Road Page-12- ATTACHMENTS GENERAL ALIGNMENT ALTERNATIVES Ahgnment #1 1 page Ahgnment #2 1 page Ahgnment #3 1 page CONSTRUCTION COST ESTIMATES Ahgnment #1 1 page Ahgnment #2 1 page Ahgnment #3L 1 page Ahgnment #3R 1 page C & P ENGINEERING, LTD. 3501 FM 218t, SUITE 230 CORINTH, TEXAS 76210 940 270 0602 * FAX 940 270 8201 PRELIMINARY ESTIMATE CLIENT CIt7 of Denton PAGE 1 PROJECT STATE SCHOOL CONNECTOR ALIGNMENT #1 DATE 4/4/01 5400 LF 45' B-B Concrete Paving BY JS #01023 ITEM t;?: "?" .,. ,.,., ~ESGE.I~Ti~. ~,~ I, , '..,QTY UNIT PRI~:E .. PAVING P1 6" Conorete Pavement 27,182 SY $ 30 00 $ 815,460 00 P2 Lime Subgrade (6") and Ty A Lime 28,180 SY $ 3 00 $ 84,540 00 P3 Concrete Sidewalks (8' wide) 9,593 SY ~ $ 30 00 $ 287,790 00 P4 Unclassified Roadway Excavation 10,300 CY $ 3 00 $ 30,900 00 P5 Borrow (ffil) Material (from other source) 17,400 CY $ 6 00 $ 104,400 00 P6 Sod parkway and Slopes 12,900 SY $ 5 00 $ 64,500 00 P7 Screening Wall 2,500 LF $ 75 00 $ 187,500 00 P8 Miscellaneous Items 10% 0 1 LS $1,575,090 00 $ 157,509 00 TOTAL PAVING $ %732~599 00 DRAINAGE P9 21" RCP 400 LF $ 42 00 $ 16,800 00 P10 24" RCP 428 LF $ 48 00 $ 20,544 00 Pll 30"RCP 185 LF $ 6000 $ 11,10000 P12 36" RCP 126 LF $ 72 00 $ 9,072 00 P13 48"RCP 80 LF $ 96 00 $ 7,680 00 P14 10'Inlets 16 EA $ 3,000 00 $ 48,000 00 P15 8'X4' Box Culvert W/Headwalls (51cy) I LS $ 25,500 00 $ 25,500 00 P16 2span 103(6'BoxCulv W/Hdwl(132cy) 1 LS $ 66,00000 $ 66,00000 P17 , 6spanS~(4'BoxCulv W/Hdwl(240cy) 1 LS $ 120,00000 $ 120~00000 P18 Miscellaneous Items 10% 0 1! LS $ 324,696 00 $ 32,469 60 'OTAL DRAINAGE $ 357,165 60 TOTAL CONSTRUCTION ~ $ 2~089t764 60 Engineering (6 8%) + Field (4%) $ 225,694 58 TOTAL PROJECT $ 2~3t5~459 18 14 C & P ENGINEERING, LTD. 3501 FM 2181, SUITE 230 CORINTH, TEXAS 76210 940 270 0602 * FAX 940 270 8201 PRELIMINARY ESTIMATE CLIENT City of Denton PAGE 2 PROJECT STATE SCHOOL CONNECTOR ALIGNMENT #2 DATE 4/4/01 3320 LF 36' B-B Concrete Paving BY JS ~-01023 PAVING P1 6" Concrete Pavement 13,445 SY $ 30 00 $ 403,350 00 P2 LlmeSub£1rade(6")andT~/ ALIme 13,870 SY $ 300 $ 41,61000 P3 Concrete Sidewalks (8' wideI 5,901 SY $ 30 00 $ 177,030 00 P4 Unclassified Roadway Excavation 4,910 CY $ 3 00 $ 14,730 00 P5 Sorrow (ffil) Material (from other source) 9,575 CY $ 7 00 $ 67,025 00 P6 Sod parkway and Slopes 7,920 SY $ 5 00 $ 39,600 00 P7 Screening Wall 2,500 LF $ 75 00 $ 187,500 00 P8 Miscellaneous Items 10% 0 1 LS $ 743 368 00 $ 74,336 80 TOTAL PAVING $ 1~005~181 80 DRAINAGE P9 ZI" RCP 444 LF $ 42 00 $ 18,648 00 P10 24" RCP 103 LF $ 48 00 $ 4,944 00 Pll Z7"RCP 80 LF $ 54 00 $ 4,320 00 P12 30" RCP 76 LF $ 60 00 $ 4,560 00 P13 36"RCP 99 LF $ 72 00 $ 7,128 00 P14 48"RCP 64 LF $ 96 00 $ 6,144 00 P15 10' Inlets 9 EA $ 3,00000 $ 27,00000 P16 ~lscellaneous Items 10% 0 1 LS $ 72,744 00 $ 7,274 40 TOTAL DRAINAGE $ 80~018 40 TOTAL CONSTRUCTION $ t ,085,200 20 Engineering (7 6%) + Field (4%) $ 125,883 22 TOTAL PROJECT $ 1 ~211~083 42 C & P ENGINEERING, LTD. 3501 FM 2181, SUITE 230 CORINTH, TEXAS 76210 940 270 0602 * FAX 940 270 8201 PRELIMINARY ESTIMATE CLIENT C~ of Denton PAGE 3 PROJECT STATE SCHOOL CONNECTOR ALIGNMENT #3L DATE 4/4/01 '2315 LF 45' B-B Concrete Paving BY JS #01025 PAVING P1 6" Concrete Pavement 11,701 SY $ 30 00 $ 351,030 00 P2 Lime Subgrade (6"~ and T¥ A Lime 12,13(~ SY $ 3 00 $ 36,390 00 PS Concrete Sidewalks (8' wide) 4,11E SY $ 30 00 $ 123,480 00 P4 Unclassified Roadway Excavation 4,51(~ CY $ :3 00 $ 13,530 00 P5 Sorrow (fill) Matenal (from other source) 6,765 CY $ 7 00 $ 47,355 00 P6 Sod parkway and Slopes 5,391 SY $ 5 00 $ 26,955 00 P7 M~ecellaneous Items 10% 0 1 LS $ 598,740 00 $ 59,874 00 TOTAL PAVING $ 688,614 00 DRAINAGE P8 21"RCP 160 LF $ 42 00 $ 6,720 00 P9 24" RCP 86 LF $ 48 00 $ 4,128 00 P10 30" RCP 185 LF $ 60 00 $ 11,100 00 Pll $6"RCP 126 LF $ 72 00 $ 9,072 00 P12 10' Inlets 7 EA $ 3,000 00 $ 21,000 00 P13 2-Span 10'x6' Box Culv W/Hdwls (132c¥) LS $ 66,000 00 $ 66,000 00 P14 M~scellaneoueltemsl0% 0 LS $ 118,02000 $ 11,80200 TOTAL DRAINAGE $ 129~822 00 TOTAL CONSTRUCTION $ 788~436 00 En~lineerin~l (8 0%) + Field (4%) $ 94,612 32 TOTAL PROJECT $ 883,048 32 C & P ENGINEERING, LTD. 3501 FM 2181, SUITE 230 CORINTH, TEXAS 76210 940 270 0602 * FAX 940 270 8201 PRELIMINARY ESTIMATE CLIENT City of Denton PAGE 4 PROJECT STATE SCHOOL CONNECTORALIGNMENT #3R DATE 4/4/01 3320 LF 36' B-B Concrete Paving BY JS #01023 ~!,, DB~RIPTII~Jr,~I~I,,I .... , ,~ ,~, UI',J!T PRICE ~M~ PAVING P1 6" Concrete Pavement 13,445 SY $ 30 00 $ 403,350 00 P2 Lime Subgrade (6") and T¥ A Lime 13,870 SY $ 3 00 $ 41,610 00 P3 Concrete Sidewalks (8' wide) 5,901 SY $ 30 00 $ 177,030 00 P4 Unclassified Roadway Excavation 4,910 CY $ 3 00 $ 14,730 00 P5 Borrow (ffil) Material (from other source) 9,575 CY $ 7 00 $ 67,025 00 P6 Sod parkway and Slopes 7,920 SY $ 5 00 $ 39,600 00 P7 Screening Wall 2,500 LF $ 75 00 $ 187,500 00 P8 Miscellaneous Items 10% 0 1 LS $ 743,368 00 $ 74,336 80 TOTAL PAVING $ 1,005,18t 80 DRAINAGE P9 21" RCP 444 LF $ 42 00 $ 18,648 00 PI0 24" PCP 103 LF $ 48 00 $ 4,944 00 P11 27"RCP 80 LF $ 54 00 $ 4,320 00 P12 30" PCP 76 LF $ 60 00 $ 4,560 00 P13 36"PCP 99 LF $ 72 00 $ 7,128 00 P14 48"PCP 64 LF $ 96 00 $ 6,144 00 P15 10'Inlets 9 EA $ 3,000 00 $ 27,000 00 P16 Miscellaneous Items 10% 0 1 LS $ 72,744 00 $ 7,274 40 TOTAL DRAINAGE $ 80~018 40 TOTAL CONSTRUCTION $ 1 ~085,200 20 Engineering (7 6%) + Field (4%) $ 125,883 22 TOTAL PROJECT $ 1,211,083 42 ATTACHMENT2 ATTACHMENT 3 State School RoadConne:tor Evaluation Matrix Option 1 Option ~, Option 3 Tr~p Reduction on 6,800 VTD 700 VT]) 6,100 VTD Teasley Lane · Totul Cost $2,315,460 $1,211,0:~5 I $2,094,130 · Expected City $1,041,957 $488,34 ) $837,652 Cost Floodplain 2 ea 1 ea 2 ea Encroachments Upland Habitat 5 6 acres 0 6 acre 3 3 acres Disturbance · Total and expected City costs do not ~nclude r~ght ot way costs It is assumed, the developer at no cost to the C~ty w~ll dechcate that ng at of way, but that the City w~ll be reqmred to pay for right of way through the ~ tare School Property As all three ahgnments ~mpact State School Property almo: ,t ~dent~cally, ~t ~s assumed that the right of way cost would also be almost ~dent eal for all three options and would not change the ranking of expected costs · Staff has had prewous dascusmons w~th Bob Shelton concerning part~mpat~on m the construction costs for the connector He has verb ally agreed to pay for a large port, on of the connector on Umeom Lake Property · In addlt~on, the above costs include project design c~ ts while the costs m table 3 of the report do not ~,oenda Ite~, AGENDA INFORMATION SHEET AGENDA DATE: April 10, 2000 DEPARTMENT. Commumty Development ACM' David Hill, Assistant City Manager, Development Services SUBJECT. Receive a report (brief video), hold a discussion and give staff direction regarding the selection of a Sister City for Denton through the Sister Cities International program BACKGROUND: Sister Crees International (SCI) is an lntematwnal not-for-profit organization representing over 1,300 U S communities and their 2,200 partners in over 137 countries The agency supports commtmlty-to-commtunty programs focused on arts, education and cultural exchange · eeonomm and business development · municipal trmmng and community problem solving · health · technology · youth leadership SCI's full-time staff are located in Washington DC and offer an array of grant and program assistance to member cities for annual dues of $480 The Denton Sister Cities International (DSCI) stcenng committee developed and ranked city attributes for selecting a Sister City These criteria emphasized ease of travel, university opporttmitles, strong local mamclpal support, and business opportunities Seventy-eight Mexman crees with populations over 100,000 were researched The committee ranked each against the criteria and for their availability for a Sister City partnership (A city may only have one Sister City in each country ) Out of the seventy- eight cities considered, two cities were selected to visit in order to complete the criteria information worksheets San Nicolas de los Garza and Cludad Victoria Many of the cities were dropped from consideration because they did not have a university or already had U S Sister Cities ESTIMATED SCHEDULE OF PROJECT If approved, the formal signing of a Sister City agreement would occur during the week of May 5-12, 2001 The DSCI Board would assist in developing immediate opportunities expressed by Habitat for Humamty, DISD performing arts groups, and the Clnco de Mayo Committee, the May 2001 North American International Trade Corridor Partnership conference in Ft Worth, and University of North Texas existing programs with the Technological Institute, Mexico's nataonal college system Should Council concur vath the reeommendatton of San Nicolas de los Garza, the Unlversldad Autonoma Nuevo Leon will be included in our efforts The Board would begin sohcmng memberships from the Denton community and sponsorships for events and programs RECOMMENDATION: The DSCI Committee recommends approval of San Nicolas de los Garza, Nuevo Leon, Mexico as Denton's first official Sister City based upon the selection criteria results PRIOR ACTION/REVIEW Council approved an ordinance December 5, 2000 directing staff to proceed in establishing a Denton Sister Cities International Program and to return with a recommendation of either San Nicolas de los Garza, Nuevo Leon, Mexico or Cmdad Victoria, Tamauhpas, Mexico as Denton's first official Sister City under the SCI program FISCAL INFORMATION The ordmance provided $5,000 funding to help defray some travel expenses of the initial visits to San Nicolas de los Garza and Cludad Guzman and to pay for $480 Sister Cities first year membership These actions were completed at $1,000 under budget The responsibility for remaining delegation travel expenses was shared by the delegate's educational, business, or civic organization and/or by corporate sponsorship · Exhibit A-Delegation Participants · Exhibit B-Map · Exhibit C-Selection Criteria Respectfully Submitted Llfida Rathff, Director f~ Commumty Development Department 2 Prepared by M~chelle Cunmngham Commumty Relations Coordmatoi' 3 Exhibit A SISTER CITIES DELEGATES March 4-7, 2001 DENTON CHAMBERS OF COMMERCE Mr Charles (Chuck) Carpenter Ms Conme Pelphrey President & General Manager 2000-2001 Chairman of the Board Denton Chamber of Commerce Denton Chamber of Commerce (Boeing Defense and Space) Ms Manella Cudd Chair Denton H~spamc Chamber (Cudd Realty ) CITY OF DENTON Ms M~chelle Cunmngham Mr John Cabrales S~ster C~t~es Co-Chair S~ster C~t~es Co-Chair C~ty of Denton C~ty of Denton EDUCATION Mr Tom Hoemecke Mr Rudy Rodr~guez D~rector, Internabonal Studies D~rector, Internabonal Studies University of North Texas Texas Woman's University Mrs Sharon Cox Pubhc Relations Officer Denton Independent School System OTHER ORGANIZATIONS Ms Martha Guerra President League of Umted Latin American C~t~zens, Denton Chapter (Denton Housing Authority) 4 Exhibit B DENTON SISTER CITIES INTERNATIONAL (DSCI) RANKED SEARCH CRITERIA 1 UNIVERSITIES/COLLEGES & US LINKS 2 LOCAL BUSINESSES IN INTERNATIONAL TRADE 3 PRESENT DEGREE OF INTERNATIONAL INVOLVEMENT & COOPERATION IN ECONOMIC, COMMERCIAL, & CULTURAL 4 SIMILAR ECONOMIC CONDITIONS 5 LANGUAGE/CULTURAL BARRIERS 6 NEWSPAPERS/TELEVISION/RADIO 7 ACTIVE CHAMBER OF COMMERCE 8 TRAVEL ACCESSIBILITY 9 FINE ARTS-THEATERS, SYMPHONY, ORCHESTRA, DANCE, ETC 10 CIVIC ORGANIZATIONS 11 PRIMARY & SECONDARY SCHOOLS 12 KEY INDUSTRIES, BANKS, AIRLINES, FACTORIES 13 TRADE EXCHANGE POTENTIAL 14 INTERNET LINKS 15 LEVEL OF GOVERNMENT BUREAUCRACY 1 6 POPULATION/NUMBER OF FOREIGN LOCAL RESIDENTS 17 INVESTMENT CLIMATE & PRESENT LEVELS 18 DIPLOMATIC PRESENCE/CONSULATE 19 PRESENCE OF BUSINESS/FACTORIES Rec:elved no mentions 20 SIMILAR GROGRAPHIC LOCATION DESCRIPTION 21 MUSEUMS 22 SPORTS TEAMS 23 HOSPITALS 5 Exhibit C DENTON SISTER CITIES INTERNATIONAL (DSCl) MEXICO CITY SELECTION SEARCH los Garza FINALISTS: · SAN NICOLAS DE LOS GARZA · CIUDAD VICTORIA Agenda IterO~ ., i)/i ....... AGENDA INFORMATION SHEET 0ate__ ~t!I () I -- AGENDA DATE: April 10, 2001 DEPARTMENT: Planning & Development CM/DCM]ACM: Dave Hdl, 349-8314 ~ SUBJECT Receive a report, hold a discussion, and give staff direction regarding proposed Mobility Plan 2025 Rml System changes as drafted by the North Central Texas Council of Governments (NCTCOG), and regarding proposed state legislation related to commuter rml BACKGROUND On April 11, 2001, at 2 00 P M, the North Central Texas Council of Governments (NCTCOG) will hold one m a series of public meetings m the City of Denton Counml Chambers to hear comments regarding the Mobility 2025 Update Moblhty 2025 ~s the regional transportation plan for North Texas, w~th an emphasis on the four urban counties (Dallas, Tm'rant, Denton, and Colhn) Moblhty 2025 ~s being updated m response to mr quality conformity reqmrements to demonstrate attmnment of ozone standards as proposed in the State Implementation Plan (SIP) After the public meetings have been held, NCTCOG staff will forward the draft Mobthty 2025 Update to the Regional Transportation Council for approval on May 10, 2001 Staff has brought th~s item to Council's attention during a work session to adwse Council members of three ~tems 1 Raft System The draft Rail System map continues to ~nd~cate the Rafts-to-Trails nght-o£~way as a commuter raft corridor connecting the C~ty of Denton to the regional tad system An alternative corndor has been added, showing the Atchison, Topeka, Sante F¢ Rmlroad as a connector between Denton and Lewlsvdle Staff attended a NCGCOG meeting to discuss the Mobility Plan 2025 Update on March 23, 2001, and the explanation g~vcn for showing thts alternative alignment was that track removal had occurred on the Rails- to-Trails, that the alternative corridor was positioned closer to the University of North Texas, and that several calls had been received asking for thc alternative ahgnmcnt NCTCOG staff indicated that both ¢omdors could stay on the adopted Mobility 2022 Update, or, based on public comments, one corridor could bc selected as thc preferred Rml System mute NCTCOG staff has not conducted any feasthfl~ty studies or other analyses to support selection of one of the two corndors The approved plan and draft update are provided in Attachment #1 2. Freeway and Tollway System The draf~ Freeway and Tollway System map contains two proposals that differ from the approved plan IH-35 from the IH-32E / IH-35W junction, extending north to the Denton County hne, has been upgraded to reflect the need for increased capacity The update proposes an 8-lane facility rather than a 6-lane faclhty Also, Loop 288 from US 380 to IH-35E has been upgraded from a 4-lane parkway to a 6-lane parkway, wluch ~s consistent wath schematae desagn work being completed by the Texas Department of Transportatton (TXDOT) The approved plan and draft update are promded in Attachment #2 3 Proposed State Legislation Two balls introduced at the 2001 state legaslatlve sessaon are related to commuter rml, and have been prowded for Council's mformataon I-lB 682 is antended to reqmre the preservation of ratl facd~taes by the Texas Department of Transportatmn This bill ~s provided as Attachment #3 HB 3323 was introduced by Representative Solomons, and was ~mtmted at the request of the Caty of Lew~svflle The bill proposes to allow the creatmn of a county transportataon authority for pubhc transportation and transportation related servaces m countaes adjacent to a county wath a population of one mllhon or more The bill adentffies procedures necessary to create such an anthomy, the powers of the authority as a governmental body, and governance structure This ball would enable the creataon of regional transportation authority apart and separate from the Dallas Area Rap~d Transat (DART), which reqmms retroactive payment of membership fees from c~t~es that ~ntend to partmtpate an DART HB 3323 as provided as Attachment #4 OPTIONS Staff rtuses the assues contatned an thts report as pohcy ~ssues to be resolved by C~ty Council Council may elect to take no posmon, support or oppose the untmtaves, or d~rect staff to conduct further research RECOMMENDATIONS Mobility 2025 Rail System Update The draft Mobility 2025 Rml System Update ~s not an lmmedmte concern as proposed However, staff would be concerned af one route were selected w~thout any feasab~hty studaes or other analyses to support such a decision The flexabfilty to evaluate two potentml commuter rml corradors as advantageous to the Caty of Denton, and the caty should support the ldentffieataon of both the Pduls-to-Trmls and the Atchison, Topeka, Sante Fe Rmlroad corndor untal such t~me that detmled evaluataon can be conducted If the Rmls-to-Trmls Comdor were to be ehmmated form the Mobalaty 2025 Update, efforts to preserve th~s right~of-way could be jeopardazed by pressure to approve at-grade road crossmgs Mobility 2025 Freeway and Tollway System Update The draft Mobflaty 2025 Freeway and Tollway System Update reflects changes needed to expand system capacity for roadways based upon population and employment growth, and should be supported by the Caty of Denton at the April 11, 2001 NCTCOG pubhc meetang House Bill 682 House Bill 682 is mtended to prevent the d~smanthng of rail corridor rights-of-way, and should also be supported by the Ctty of Denton House Bill 3323 House Bill 3323 is considered to be a controversial proposal since ~t would allow the creation of an independent transportation authority apart and separate from DART It is hkely that the City of Lewisvtlle will ask the C~ty of Denton to support this bill Staff does not have a reconunendatmn to offer regardmg HB 3323, other than to ask for Courted direction regarding further research to determine the appropriate pohey d~rect~on to take Council Member Burroughs ~s a member of the NCTCOG Regional Transportation Commiss~on (RTC), representmg the City of Denton He may have additional mformat~on or rinse ~ssues for d~scussion to assist him m representmg the mty at the May 11, 2001 NCTCOG public meeting, and at future RTC meetangs ESTIMATED PROJECT SCHEDULE The Mobility 2025 Update pubhc meeting m Denton is scheduled for Wednesday, April 11, 2001, and City of Denton comments should be prowded during the meeting ff Councd elects to take a posttmn m the related ~ssues Both of the House Bills have not yet been rewewed by the House Committee on Transportation, so a schedule ~s not yet avmlable PRIOR ACTION/REVIEW The items described ~n thts report have not been rewewed by City Council prewously FISCAL INFORMATION The Mobility 2025 Update does not determine funding avadablhty Fiscal notes produced for state legislative rewew of liB 682 and HB 3323 are provided in Attachmems #3 and #4 ATTACHMENTS Attachment #1 Mobthty Plan 2025 Update - Rml System Attachment #2 Mobd~ty Plan 2025 Update - Freeway and Tollway System Attachment #3 House Bill 682 Attachment #4 House Bill 3323 Respectfully submitted David M Hill Assistant City Manager - Development Serwces ATTACHMENT 1 4 7 77(R) HB 682 In~oduced versmn - BIll Text )~ &BILLSUFFIX=00682&VERSION= 1 &TYPE=B ATTACHMENT 3 By Hawley H B No 682 77R353 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the preservation of rail facilities by the Texas 1-3 Department of Transportation 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS 1-5 SECTION i (a) The legislature f~nds that 1-6 ' 111 the transportation of raw materials and products 1-7 is essential to the continued economic vitality of this state, 1-8 particularly of small towns and rural areas, 1-9 (2) the state contains many industries that are 1-10 heavily dependent on rail transportation for the movement of raw 1-11 materials and products, 1-12 13) the rall transportation systems in some areas of 1-13 thzs state are adversely affected by abandonment and discontinuance 1-14 proceedings that cause the cessation of rail service to those 1-15 areas, 1-16 (4) raw materials and products that cannot be 1-17 transported by rail are typically transported by truck over state 1-18 highways and local roads and bridges, thereby contributing to 1-19 ~ncreased congestion and roadway maintenance costs, decreased 1-20 safety for the travellng public, and a decrease ~n the expected 1-21 life of those roadways, and 1-22 (5) it is in the interests of all citizens of this 1-23 state that existing rail systems be maintained for the most 1-24 efficient and economical movement of essential raw materials and 2-1 products to local, national, and export markets 2-2 (b) The legislature further finds that it is a necessary and 2-3 valid public purpose for the Texas Transportation Commission and 2-4 the Texas Department of Transportation to participate in the 2-5 preservation of rail service and railway corridors as provided by 2-6 thls Act 2-7 SECTION 2 Chapter 13, Title 112, Revised Statutes, is 2-8 amended by adding Artxcle 6550c-2 to read as follows 2-9 Art. 8550c-2. PRESERVATION OF RAIL FACILITIES BY TEXAS 2-10 DEPARTMENT OF T~ANSPORTATION 2-11 Sec. 1. DEFINITIONS. In this article. 2-12 (11 "Commission" means the Texas Transportation 2-13 ~ 2-14 121 "Department" means the Texas Department of 2-~5 ~ 2-16 131 "Maintenance facility" includes a workshop, a 2-i8 ~ 2-19 141 "Rail facility" means any real or personal 2-20 property, or an interest in that pronerty, that is determine4 ~Q b~ 2-21 necessary or convenient for the provision of a rail transpor~a~AQ~ 2-22 system and all orcnertv or znterests in nroDertv necessary or 2-23 c~venient for ~he-ac~irln~. provid/nq.-us/n~.-or e_oulpp~ng Q: a 2-24 rail transportation system, includin~ rz~hts-of-wav, trackwork. 2-25 train controls, stations, and maintenance facx1xtxes. The term 2-26 does not include rolling stock. 2-27 151 "Raxlroad operator" means a rural rail 3-1 transportation d~str~ct created under Chapter 823. Acts of the 67th 3-2 Le=islature. Regular Session. 1981 {Article 8550c. Vernon'~ Tg~ 3-3 Civil Statutes1. a sho~t line railroad, a sw~tchin? railroad, or a 3-5 exceed those of a Class III rail carrier, as defined by federal 3-6 law. 3-7 {61 "Right-of-way" means a strip of land of a lenoth 3-8 and width determined by the commission to be rec~ired, necessary. 3-9 or convenient for the provision of a rail transportation system and 3-10 the s~ace over. under, or on the land where trackwork ~s to he 3-11 ~ 3-12 (7% "Short line ramlroad" means a Class III carrier a~ 3-13 dafined by federal law. 3-14 181 "Station" means a oassenger or frei=hr service 3-15 buildln~, tsrm~nal, or station, tlcketlnq facility, waitino area. 1 of 3 8 4/3/01 3 43 PM 77(R) HB 682 Introduced version - Bill Text http//tlo2 tlc state tx us/cg~-bi &BILLSUFFIX=00682&VERSION=I&TYPE=B 3-16 91~tform. concessxon, elevator, escalator, facility for handicapped 3-17 access, access road. parking facility for passengers, baaaage 3-18 ba~in? facility, or local maint,nance facility, together with any 3-20 ~L~A~- 3-21 (9) "Switmh4n~ railroad" m~ans a railroad that 3-22 provides services to switc~ railcars between different locations or 3-24 (10) ,,Trackwork" means track, track beds. track bed 3-26 ~r~sovers. setout tracks, storage track, dra=ns, fences, ballast. 3-27 ~W~tches. hridaes, and structures. 4-2 Q~her s~gnalin~, interlocking equipment, speed mon~tor~n~ 4-3 s_~uipment, bra~n~ systems, central traffic control facilities, and 4-4 commun~cation systems. 4-5 SEC- 2. NOTIFICATION OF INTENT TO ABANDON OR DISCONTINT/E 4-6 SERVI~E. On rem,~nt of notice of intent to abandon or discontinue 4-7 ~a~l service desc~ibed by 49 C.F.R. 1152.20. and ~ts subsequent 4-8 amendments, the department eh~31 consult with the ~overn~nq body of 4-10 1~7 which all or a segment of the line is located to determine 4-12 (1) undar this article, the department should ac~lre 4-13 the rail fm~41tti~s to which the notice relates, or 4-14 (2) any other actions should be taken to nrovida for 4-16 Sas. 3. ACOUI~ITION ~ L~ASE OF ~IL FACILITIES. (a) The 4-17 co~issmon may authorize the denartment to ack,re raml facilities 4-18 a~] locations and on routes the co~ission determines to be feasible 4-19 and viable for continued ~ail transportation service ~n th~s state. 4-20 (b) Th~ department may enter ~nto an agreement w~th an o~er 4-21 of an operatin~ railroad for th~ ac~isitlon or use of rail 4-22 faciliti~s on terms th~ department f~nds to be ~n the best 4-23 ~nt~rests of this state. 4-26 f~r the u~ or operation of. all or any part of a state-o~ed rail 4-27 f~cility. Th~ a=reement must provide for the department's 5-2 (d} The department may enter ~nto an a=reement with a 5-3 railroad oparator to s~ll all or any part of a ~tate-o~ed rail 5-4 facility on terms fha department finds to be in the best 5-5 5-6 See. 4. S~L~CTION OF ~ILRO~ OPE~TORS. (a) The department 5-7 shall file notice with th~ secretary of state for n~l~cation ~n 5-9 om part of a state-o~sd rail facility. 5-10 (b) Th~ co--lesion shall adopt rules to allow the department 5-11 to negotiate the t~ms of a lease agreement with a railroad 5-13 (c) The ~-~rtment may enter a leas~ agreement with a 5-14 r~]road operator ,,~-r this article only if th~ department 5-15 deta~mnes the a~r~ement provides the best value to the state. 5-16 ~ec. 5. ACOUISITION ~ DISPOS~ OF REAL PROPERTY. (a) The 5-18 the name of ~h~, state, any ri~t-of-way or other ~nterest in real 5-20 a~isitxon of raml facilities ~der this article. 5-21 (b) Th~ ~overninq bod~ of a municipality, county, or other 5-22 political s,,hM~vimion mmv convey to the department without 5-23 ~dvertis,mmnt title to. Ar a right mn. property that the department 5-25 (~) The departmmnt may sell. convey, or othe~wlse dispose of 5-26 a~ri~ht or interest in real property ac~ired under this section 5-27 that the commission deta~m~-m- ms no longer n~mded for department 6-2 ~sc. ~. P~C~M~NT OF ~ILI~ FACILITIES. LIN~S. ~ 6-3 ~0UID~. (a~ A utmlity that is authorized by law to place 2 of 3 9 4/3/01 3 43 PM 77(R) HB 682 Introduced version - Bill Text http//tlo2 tlc state tx us/cg~-b~ &BILLSUFFIX=00682&VERSION-- 1 &TYPE=B 6-4 facilztxes, lznes, or equipment in. over. or across railroad 6-5 right-of-way shall notify the department of the utlllty's intention 6-6 to exercise that authority over ri~ht-of-way that is park Q~ 6-7 state-owned rail facilities. 6-8 (b) A utility may exercise the authority described by 6-9 Subsection (al of this section over riqht-of-way that is part 6-10 state-owned rail facilities only with the consent of the 6-11 6-12 {cl On receipt of notice under Subsection (al of 6-13 section, the department may desianate the location in the 6-14 right-of-way at which the utility may place its facilities, lines, 6-15 6-16 (dl The department may require a utility to relocate the 6-17 utility's familities, lines, or equipment, at the 6-18 expense, to allow for the expansion or relocation of raxl 6-19 facilities owned by the state, 6-20 Sec. 7. ABANDONED RAIL ACCO~. (a) Thm abandoned rail 6-21 account is an account in the state hm~hway f~d. Money mn the 6-22 account may be appropriated only to the department to implement 6-23 6-24 (b) The followin~ funds shall be dmposmted to the credit of 6-25 the abandoned raml a~co~t. 6-26 (11 fedm~al funds re~emved by thms state that may b~ 6-27 ummd for a purpose of this 7-1 (2) stat~ fundm that are appropriated for a purpose 7-3 (~) prommeds from the sale or conveyance of any 7-4 stat~-o~ed rail fa~l~ties. 7-5 (4) Da~ents for the use of any state-o~ed rail 7-7 (51 ~ontributionm by any entity that may be used for 7-8 purpose of thms artxmlm, and 7-9 (6) notwithstandin~ any other law. any accumulated 7-10 mnteremt or other income ca--md on funds in the ab~n~mned raa] 7-11 7-12 (c) Thm abandoned rail account mm exempt from any law that 7-13 relates to the abolition of funds or a~ounts in the sta~ 7-14 tr~asur~, or that r~lates to the abolition of dmd~ations or 7-15 rededi~ationm of revenue in thm state treasury. 7-16 Se~. 8. ~X~IT~ OF F~S. (a) The department may 7-17 receive, a~mpt, and mxnend money re~emved from thm state. 7-18 federal a~en~y, or from anothmr Dubl1~ or mrxvate source for. 7-19 7-20 (2) studmes to dmtermine the viabxlity of ram] 7-21 fa~ilitims for ~ontinued rail transportatmon mervmce, 7-22 (31 studies to determine the necessity for the 7-23 ae~xsxtion of tax1 fa~ilities by the department. 7-24 (41 the ae~isition of rail facilities under 7-26 (5) assessment and rsmedlation of environmental 7-27 contamination mxistin~ in or on rail familltxes. 8-1 (b) The department may ume money in the abandonmd r~A] 8-2 account established under Smmtlon 7 of this article to carry out 8-3 any Dower qranted or duty imposed under this article. 8-4 ~e~. 9. R~S. The commimsimn shall adopt rules am 8-5 to implement this article. 8-6 Sec. 10. LIMITATION. Thxm artmclm does not authormme 8-7 department to re~ulatm, operate, or maintaxn tax1 facllmtxes. 8-8 S~CTION 3 This Act takes effect Septe~er 1, 2001 3 of 3 10 4/3/01 3 43 PM 77(R) HB 682 In~'oduced,verslon - Bill Analysts http//tlo2 tlc state tx us/cgl-bl &BILLSUFFIX=00682&VERSION= 1 &TYPE=A HBA-NRS H B 682 77(R) BILL ANALYSIS Offace of HOuse Bill AnalysisH B 682 By Hawley Transportation 2/z2/200~ Introduced BACKGROUND AND PURPOSE Current law provades the state with no formal mechanism for preserving abandoned railroads and rail rzghtsof-way an Texas The economies of small towns and rural areas are affected by the loss of raal transportation servace In addition, certain zndustries have had to find alternative means to transport products because of the abandonment of rail facal~t~es House Ball 682 authorizes the Texas Department of Transportataon to preserve transportation infrastructure and services by preserving rail facalataes, acquar~ng rail lines and other rail facilities, and leasing or sellang those facilities to an appropraate entity RULEMAKING AUTHORITY It as the opinion of the Office of House Bill Analys~s that rulemakang authority 1s expressly delegated to the Texas Transportataon Commassaon an SECTION 2 (Sect/one 4 and 9, Article 6550c-2, V T C S ) of thas bill ANALYSIS House Bill 682 amends law to requzre the Texas Department of Transportation (department), to consult with the governing body of any municipality, county, or rural railroad transportataon distract on receapt of horace of antent to abandon or discontinue servace to determine whether the department should acquire the rail facilities or whether any other actions should be taken to provide for continued rail service (Sec 2, Art 6550c-2, v T C S ) The Texas Transportataon Commissaon (comm~ssion) may authorize the department to acquire rail facilities the commission determanes ko be feaslble and viable for continued rail transportataon service The bill authorizes the department to enter ~nto an agreement wath an owner of lan operating railroad for the acquaSatlon or use of raal facilities The bill authorizes the department to enter into an agreement wath a raal~oad operator to sell, lease, or contract for the use or operataon of all or any part of a state-owned rail facalaty The bill sets forth requirements for these agreements (Sec 3, Art 6550c-2, V T C S ) H B 682 requires the department to file notice with the secretary of state for publacat~on ~n the Texas Register of ~ts intent to solacat proposals to lease all or part of a state-owned rail facilaty The bill requires the commission ko adopt rules to allow the department to negotiate the terms of a lease agreement with a railroad operator (Sec 4, Art 6550c-2, V T C S ) The commisslon may authorize the department to acquire by purchase any right-of-way or other interest in real property the department finds necessary or convenaent to the acqulsitaon of rail facalitaes The governing body of a mun~clpality, county, or other political subdivaslon as authorazed to convey to the department without advertisement title to, or a right an, property that the department determines to be necessary or convenaent The bill authorizes the department to sell, convey, or daspose of a right or interest in real property acquired by the department that the commassaon determines is no longer needed for department purposes (Sec 5, Art 6550c-2, V T C S ) The bill sets forth prov~slons for the placement of facal~ties, lznes, or equipment of a utility in, over, or across railroad right-of-way that is part of state-owned raal facal~taes (Sec 6, Art 6550c-2, V T C S ) The bill establishes the abandoned raal account an the state highway fund and sets forth funding sources, exemptaons and authorazed uses (Sec 7 and Sec 8, Art 6550c~2, V T C S ) The ball requires the commission to adopt rules as necessary to implement these provisions (Sec 9, Art 6550c-2, V T C S ) The b~ll does not authorize 1 of 2 11 4/3/01 3 44 PM 77(R) HB 682 Introduced version - Bill Analysis http//tlo2 tlc state tx us/cgl-b~ &BILLSUFFIX=00682&VERSION= 1 &TYPE=A the department to regulate, operate, or maintain razl facilities (Sec 10, Art 6550c-2, V T C S ) The bill sets forth legislat~ve findings (SECTION 9) EFFECTIVE DATE September 1, 2001 2 of 2 12 4/3/01 3 44 PM 77(R) HB 682 Introduced version - F~scal Note http//tlo2 tlc state tx us/cgi-bi &B1LLSUFFIX=00682&VERSION= 1 &TYPE=F LEGISLATIVE BUDGET BOARD Austxn, Texas FISCAL NOTE, 77th Regular Session February 12, 2001 TO Honorable Clyde Alexander, Chair, House Committee on Transportation FROM John Keel, Director, Legislative Budget Board IN RE HB682 by Hawley (Relating to the preservation of rail facilities by the Texas Department of Transportation ), As Introduced * No significant fiscal implication to the State Ks anticipated * The ball would amend current law by adding Article 6550c-2 an Civil Statute which would create the Abandoned Rail Account as a dedicated account an the State Highway Fund No 006 for the purpose of appropriating available funds only to the Texas Department of Transportation to implement the provisions of the ball The ball would require that any federal funds received that may be used for the purposes of the bill, state funds appropriated for this bill's purpose, proceeds from the sale or conveyance of any state-owned rail facilities, payments for the use of any state-owned rail facilities, contributions by any entity, and any accumulated interest or other income earned on funds an the account be deposited to the credit of the account The ball would also exempt the account from any law relating to the abolition of funds or accounts in the State Treasury, or that relate to the abolition of dedications or rededications of revenue ~n the State Treasury No significant fiscal implication to the State ~s anticipated since all federal funds currently received by the department are not eligible for the purposes of the bill and the department currently does not expect the eligibility of those federal funds to expand an the future However, under the provisions of the bill, any future federal funds received that would be eligible for the purposes of the ball would have to be deposited to the credit of the account regardless of any eligibility for other transportation funding purposes Similarly, any future appropriations made from state funds to the account could not be used for purposes other than those defined in the bill The ball would take effect September 1, 2001 Local Government Impact At this t~me, the department is not aware of any specific acquisitions, operating agreements, leases, or conveyances that may occur in accordance with the provisions of the bill during fiscal years 2002 through 2005, so no significant fiscal implication to units of local government ~s anticipated In accordance with the provisions of the bill, ~f the department enters ~nto an agreement for use of a rail line with a governlng body of a public agency, municipal~ty, county or other political subdivision or purchases right-of-way or other interest an real property, the public agency, municipality, county or other political subdivision would realize a revenue gain Similarly, any sale of all or part of a state-owned rail facility to a public agency, municipality, county or other pol~tlcal subdivision by the department would result an a cost to that entity Also, the bill would allow the governing body of a public agency, municlpallty, county or other political subdivision to convey to the department without advertisement, title to, or a right an property 1 of 2 13 4/3/01 3 44 PM 77(R) HB 682 Introduced version - F~scal Note http//tlo2 tlc state tx us/cgi-bi &BILLSUFFIX=00682&VERSION= 1 &TYPE=F whxch would result in a loss of property but may not result in a sxgnxf~cant revenue gain or loss The bill would also allow the department to require a utility to relocate the utllxty's facllit~es, lines, or e¢~uipment at the utility's expense to allow for the expansion or relocation of rail facilities owned by the state Source Agencies 601 Texas Department of Transportatmon, 304 Comptroller of Public Accounts LBB Staff JK, JO, RT, MW 2 of 2 14 4/3/01 3 44 PM 77(t[) HB 3323 Introduced version- BfllText ATTACHMENT 4 )~ &BILLSUFFIX=03323&VERSION=I&TYPE=B By Solomons H B No 3323 Lz~e and page numbers may not match offzczal copy Bill not drafted by TLC or Senate E&B A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation, organization and management powers of a 1-3 regional county transportation authority, providing for electzons, 1-4 providing for a governing board, providing for procedures for 1-5 annexation of territory, authorizing the levy and collection of the 1-6 sales and use and excise tax, authorizing transit authorlt~es to 1-7 contract with the county transportatxon authority 1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS 1-9 The Transportation Code ~s amended by adding a new 1-10 Chapter to read as follows 1-11 SUBCHAPTER A CREATION OF COUNTY AUTHORITY 1-12 SECTION i LEGISLATIVE INTENT (a) The legislature finds 1-13 that an increasing proportion of the State's population resides xn 1-14 counties adjacent to other counties that contain partial or 1-15 complete ma]or metropolitan areas 1-16 (b) The rapidly increasing population in counties adjacent 1-17 to these ma]or metropolitan areas has caused a concentration of 1-18 vehicles and vehicular traffic related to commut=ng to and from 1-19 residences in the adjacent county to places of employment located 1-20 in major metropolitan areas 1-21 (c) The escalating number of motor vehicles on 1-22 thoroughfares, freeways and other major arteries of transportation 1-23 has increased at a rate faster than roadway ~nfrastructure can be 2-1 enhanced resulting in traffic congestion, delays and restricting 2-2 the speed of the vehicular traffic substantially below posted speed 2-3 limits 2-4 (d) As a result of the increase in vehicles and related 2-5 traffic congestion, reduced mobility and speed, the motor vehicles 2-6 are emitting gases, pollutants and other ~rritants ~nto the 2-7 atmosphere at a level which may adversely affect the health, safety 2-8 and welfare of the citizenry 2-9 (e) To provide more efficient transportation, mobzllty and 2-10 to reduce azr pollution and congestion, a suitable option to 2-11 private passenger motor vehicle must be afforded 2-12 SECTION 2 DEFINITIONS 2-13 SECTION 3 CREATION OF COUNTY TRANSPORTATION AUTHORITY (a) 2-14 A county transportation authority, to provide public transportation 2-15 and transportation related services, may be created in a county 2-16 adjacent to a county with a population of more than one m~ll~on 2-17 (b) The Commissioner's Court of the county wishlng to create 2-18 a county regional transportation authority may initiate the process 2-19 to create the authority by the passage of a resolution or order or 2-20 upon on receipt of a petition requestIng creation of a the 2-21 authority signed by at least five percent of the reglstered voters 2-22 in the county 2-23 (1) If a petition of f~ve percent of the registered 2-24 voters is received by the county, it shall be verlfled by the 2-25 county clerk, consistent with the provisions of Chapter 277, Texas 2-26 Election Code, and then returned to the Commissioners Court with a 3-1 finding of verification 3-2 (c) Upon receipt of the verified petition by the 3-3 Commissioners Court or upon passage of a resolution or ordinance 3-4 calling for the creation of the authority by the Commissioners' 3-5 Court, the Court shall schedule a public hearing w~thin sixty days 3-6 from e~ther the receipt of the petition or the passage of the 3-7 resolution of the order whichever occurs earlier 3-8 (1) The Commissioners' court shall call a public 3-9 hearing 3-10 {2) The time and the place of the public hearing shall 3-11 be published once a week for two consecutive weeks ~n a newspaper 3-12 of general circulation in the county The first publication ~s to 3-13 be not less than thirty days prior to the date of the hearing 3-14 (3) Every incorporated municipality with a population 3-15 ~n excess of 15,000 shall be notified of the public hearing by 3-16 mailing notice of the hearing to the governing body of the city 1 of 9 15 4/3/01 3 41 PM 77(R) HB 3323 Introduced version - Bill Text http//rio2 tlc state tx us/cgl-bi &BILLSUFFIX=03323&VERSION=I&TYPE=B 3-17 (d) The county Commissioners' Court shall conduct a hearxng 3-18 at the time and place specified ~n the notxce and may continue the 3-19 hearings from day to day and from tlme to time until it is 3-20 completed 3-21 (1) Any interested person may appear and offer 3-22 evidence concerning the creation of the authority, operation of the 3-23 county transportation system and whether creation of the authority 3-24 would serve any public purpose or of any other facts bearing upon 3-25 the creation of the authority 3-26 (e) After receiving evidence, testimony and discussion at 4-1 the hearing, the county Commissioners' Court may adopt a resolution 4-2 or order 4-3 (1) designating the name of the authority, 4-4 (2) a statement that all lands wxthln the county shall 4-5 be part of the authority including a municipality part~ally 4-6 therein, and 4-7 (3) that the territory xs subject to the authority 4-8 based upon the results of the confirmation elect~on 4-9 SECTION 4 INTERIM EXECUTIVE COM~4ITTEE (a) The county 4-10 Commissioners' Court and certain municipalities shall appoint an 4-11 interim executive committee for the Authority subsequent to 4-12 adopting an order or resolution 4-13 (b) The xnterim executive committee shall be composed of 4-14 (1) one member appointed by the governing board of 4-15 each c~ty within the county that has a population w~th~n the county 4-16 in excess of 15,000 4-17 (2) three members appointed by the Commissioners' 4-18 Court, two of whom shall reside in the unincorporated area of the 4-19 county Three other members to be designated by the remaining 4-20 xncorporated cities within the county that have a population wlthxn 4-21 the county of over 500 4-22 (3) that selectzon process shall be as follows 4-23 (A) all incorporated Cltles wlth a population 4-24 over 500 shall be afforded the opportunzty to nomxnate one person 4-25 for the executive commzttee The nomznation form shall be sent to 4-26 the governing body by mazl 5-1 (B) The county judge shall recelve the names 5-2 returned on the nomznation form Only those names recezved wzthln 5-3 thirty days of mailing the nomznation forms shall be added to the 5-4 election ballot 5-5 (C) The ballot contaxning the names submztted to 5-6 the county judge by the cities with a population over 500 shall be 5-7 forwarded to each municipallty Each municlpalzty shall be entztled 5-8 to cast one vote 5-9 (D) The ballots shall be returned on or before 5-10 the date stated thereon to the county judge to be considered valid 5-11 If received thereafter they shall not be counted 5-12 (E) The county Judge shall name as members of 5-13 the executive committee the three lndzviduals wzth the hzghest 5-14 plurality vote In the case of ties, the county judge shall select 5-15 the appropriate number from those receiv~ng equal votes 5-16 (F) Should three members not be authorized by 5-17 this process, the county Judge shall name the balance of the 5-18 members for the interim executive committee not to exceed nxne 5-19 SECTION 5 SERVICE PLAN AND PROPOSED TAX RATE (a) The 5-20 members of the ~nterim executzve committee shall elect from among 5-21 their number a chairman, vice chairman and secretary 5-22 (b) The interim executive committee after ~ts organization 5-23 shall develop a service plan and proposed tax rate 5-24 (c) The service plan and proposed tax rate shall be 5-25 developed by the interim executive committee within one hundred and 5-26 eighty days from the fzrst meeting of the ~nter~m executive 6-1 committee, but in no event at a date later than one year after the 6-2 first meeting of the ~nterim executive committee 6-3 (d) The interim executive committee shall hold at least one 6-4 regular meeting during each month for the purpose of developxng a 6-5 service plan and determining a proposed tax rate 6-6 SECTION 6 APPROVAL OF SERVICE PLAN AND TAX RATE (a) Upon 6-7 the approval by the interim executive committee of the service plan 2 of 9 16. 4/3/01 3 41 PM 77(R) HB 3323 Introduced vers,on - BIll Text http//rio2 tlc state tx us/cg~-bl &BILLSUFFIX=03323&VERSION=I&TYPE=B 6-8 and tax rate, a copy thereof shall be provxded to the county 6-9 commissioners' court and the governing body of each munmclpallty 6-10 w~th a population in excess of 15,000 6-11 (b) Notice of the adoption shall be publmshed in a newspaper 6-12 of general circulation and sent to all munmcipalmtmes in the county 6-13 with a populatlon in excess of 500 6-14 (c) Not later than sixty days after the date that the 6-15 interim executive committee approved the service plan and tax rate, 6-16 the governing body of each municlpalmty, havmng territory mn the 6-17 authority, may approve by resolution or order the servmce plan and 6-18 tax rate 6-19 (d) A municipality that does not approve by resolutmon or 6-20 order the service plan and tax rate may not partlclpate in the 6-21 service plan or the confirmation elect~on order for the authority 6-22 (e) The interim executive committee may not order a 6-23 confirmation election ~n a municipality where the governmng body 6-24 has not approved the service plan and tax rate 6-25 SECTION 7 CONFIRMATION ELECTION (a) The mnterlm executive 6-26 committee shall provide notice to the comm~ssmoner's court of the 7-1 need to call a confirmation election 7-2 (b) The confirmation election shall be ordered by the 7-3 commissioner's court and by the governing body of each munlclpalmty 7-4 with a population of over 15,000 which has approved by order or 7-5 resolution the service plan and tax rate for the authority 7-6 (c) The confirmation election shall submit to the quallfmed 7-7 voters of each qualifyzng municipality and the unincorporated area 7-8 of the County the following proposition "Shall the creation of 7-9 the __ County Transportation Authority be confirmed?" The 7-10 notice of the election must include a brief descrlptmon of the 7-11 servmce plan and that an imposition of a tax to pay for the plan 7-12 must be approved by the voters of at a subsequent electmon 7-13 (d) The confirmation electlon for the authority shall be 7-14 held on a uniform date 7-15 SECTION 8 CONDUCT OF THE ELECTION (a) The confmrmatlon 7-16 election shall be conducted so that the votes are separately 7-17 tabulated and canvassed showing the results of each separate 7-18 municipality that passed a resolution or order approving the 7-19 service plan and tax rate and then the balance of the County 7-20 eligible to vote 7-21 (b) The Intermm Executlve Committee shall canvass themr 7-22 returns and declare the results of election separately with respect 7-23 to each designated area 7-24 {c) The governing body of a qualmfied munmcipallty shall 7-25 canvass the returns of the confirmatmon electmon ordered by the 7-26 munlcipality to confirm the Authority and declare the results of 8-1 the election 8-2 (d) In each municipality or mn the county where a ma3orlty 8-3 of votes were received in favor of the proposition as worded on the 8-4 ballot, the Authority is confirmed 8-5 (e) The Authormty continues, inclusive of each of those 8-6 units, except that the Authority ceases in every municxpalmty over 8-7 15,000 that did not afflrmatively vote for the proposmtmon or mn 8-8 the portion of the county which is not within the boundarmes of a 8-9 confirming municipality 8-10 (f) If no munmcipality or the balance of the county does not 8-11 approve of the proposition as provided on the ballot, the Authorxty 8-12 shall terminate and cease 8-13 (g) If any qualified municipality voting on the proposltmon 8-14 casts a majority of votes in favor of the proposition or the county 8-15 does so, then the authority shall continue 8-16 (h) If the authority continues, the interim executive 8-17 committee shall record the results in its mmnutes and adopt an 8-18 Order declaring the creation of the Authority is confirmed, 8-19 statmng the date of the election contamnlng the proposmt~on voted 8-20 on, showing the number of votes cast for or against the proposition 8-21 by each qualified city and mn the balance of the county Upon 8-22 adoption of the order conflrmmng the authormty the mnterlm 8-23 executive committee becomes the executive committee 8-24 (1) A certified copy of the Order shall be f~led with the 3 of 9 17. 4/3/01 3 41 PM 77(R) HB 3323 Introduced version - Bill Text http//tlo2 tlc state tx us/cgi-b~ &BILLSUFFIX=03323&VERSION=l&TYPE--B 8-25 Texas Department of Transportation and the Comptroller 8-26 SECTION 9 FAILURE TO CONFIRM AUTHORITY (a) If the 9-1 authority does not continue, the ~nterim executzve committee shall 9-2 enter an Order declarzng the results of the votes cast at the 9-3 election, that the authority ceases, and the authority is 9-4 dissolved 9-5 (b) The county and the qualifying c~ties for the 9-6 comfirmation election shall share the expenses of the election 9-7 based proportionately upon the population of the areas where the 9-8 election was conducted 9-9 (c) An Authorzty that has not been confirmed, expires on the 9-10 third anniversary of the date of the resolutlon or order ~nlt~atlng 9-11 the process to create the authority 9-12 SUBCHAPTER B POWER OF AUTHORITY 9-13 SECTION i POWERS APPLICABLE TO COUNTY TRANSPORTATION 9-14 AUTHORITY (a) This subchapter applies only to an authority that 9-15 has been confirmed 9-16 (b) The authority is a governmental body a corporate body, 9-17 and has perpetual succession 9-18 (C) The authority exercises public and essential 9-19 governmental functions The Authority's operations are governmental 9-20 and not proprietary functions for any purpose, ~ncludlng the 9-21 application of Chapter 101 of the Civil Practice & Remedies Code 9-22 SECTION 2 GOVERNANCE OF AUTHORITY (a) The executive 9-23 cor~mittee is responsible for the management, operation, and control 9-24 of the Authority and lts properties 9-25 SECTION 3 GENERAL POWER OF AUTHORITY (a) The authority 9-26 has any and all power necessary or convenient to carry out this 10-1 chapter or effect the purpose of this chapter 10-2 (b) An Authority may sue and be sued An authority may not 10-3 be required to give security for costs in a suit brought or 10-4 prosecuted by the authority and may not be required to post a 10-5 supersedeas or cost bond in an appeal of a 3udgment 10-6 (c) An Authorzty may hold, use, sell, lease, dispose of, and 10-7 acquire by any means, property and licenses, patents, rights and 10-8 other interests necessary, convenient or useful to the exercise of 10-9 any power under this chapter 10-10 (d) An Authority may sell, lease or dispose any r~ght, 10-11 interest, or property that is not necessary for the effxc~ent 10-12 operation and maintenance of public transportation or at any tlme 10-13 surplus material or other property not needed by the authority to 10-14 carry out the powers under this chapter 10-15 SECTION 4 POWER TO CONTRACT (a) An Authority may contract 10-16 with any person 10-17 (b) An Authority may accept a grant or loan from any person 10-18 (c) An Author~ty may enter into any lnterlocal agreement or 10-19 other agreement with any municipality or other transportation or 10-20 transit entity that ~s conaistent with and beneficial to the 10-21 service plan approved by the authority 10-22 SECTION 5 THE OPERATION OF A PUBLIC TRANSPORTATION SYSTEM 10-23 (a) The authority may 10-24 (1) acquire, construct, develop, plan, own, operate 10-25 and maintain a public transportation system in the territory of the 10-26 authority including the territory of the political subdivision or 11-1 municipality partxally located in the territory of the Authority, 11-2 (2) contract with a municipallty, county or any 11-3 political subdzvislon for the Authority to provide public 11-4 transportation services outside the authority, 11-5 (3) lease all or part of the public transportatxon to, 11-6 or contract for the operation of all or part of the public 11-7 transportation system, by an operator, 11-8 (4) contract with a political subdivision or 11-9 governmental entity to provide public transportatlon services 11-10 xn$ide the authority consistent with rules and regulations 11-11 established by the authority, including appropriate capital, 11-12 maintenance and operation or other costs specifically approved by 11-13 the authority and audited by them 11-14 (b) The authority shall determine the routes of the public 11-15 transportation system or approve routes submitted to them 4 of 9 18 4/3/01 3 42 PM 77(R)HB3323 Introducedvers~on-BfllText http//tlo2tlcstatetxus/cgi-bi &BILLSUFFIX=03323&VERSION=l&TYPE=B 11-16 SECTION 6 AUTHORIZATION OF TAX LEVY {a) An Authority may 11-17 call an authorization election for the tax levy associated with the 11-18 service plan developed by the interim executive committee, or a tax 11-19 rate that has been modified by action of the executive committee, 11-20 at any time after the confirmation election which creates the 11-21 authority 11-22 (b) The executive committee shall request an authorization 11-23 vote on a tax rate to the voters of each qualified municipality and 11-24 unincorporated area participating in the Authority The 11-25 proposition will be worded as follows "Shall the __ County 11-26 Transportation Authority levy of a proposed tax not to exceed 12-1 , be authorized?" 12-2 (c) The election shall be conducted an the same manner as 12-3 provided for the confirmation election for the Authority with 12-4 canvassing, certification and an order confirming the resulting of 12-5 the election 12-6 (d) Service Plan may be Implemented an those qualified 12-7 cities or in the balance of county only if the qualified 12-8 municipality or the balance of county cast the majority of the 12-9 votes in favor of the authorization to levy a proposed tax by the 12-10 authority 12-11 (e) The election to authorize a tax levy under this section 12-12 expires on the second anniversary of the adoption of the order by 12-13 the Executive Committee declaring the confirmation of the 12-14 authority 12-15 SECTION 7 ACQUISITION OF PROPERTY (a) The Authority may 12-16 as it is necessary or useful an the construction, repair, 12-17 maintenance or operation of the public transportation system use 12-18 any public way, including an alley 12-19 (b) The Authority may acquire by eminent domain any interest 12-20 in real property including a fee simple interest and the use of air 12-21 or subsurface space 12-22 (1) Right of eminent domain may not be exercised 12-23 within the boundary of a municipality without the approval of the 12-24 proposed acquisition by the city 12-25 {2) Power of eminent domain may not be exercised by 12-26 the Authority in an unincorporated area without the approval by the 13-1 county of the proposed acquisition 13-2 (c) The Authority may contract with the owner of the 13-3 property to allow the owner to relocate, reroute or alter the 13-4 owner's property The Authority may pay the contractor of the 13-5 owner or provide for reimbursement to the owner of the costs 13-6 involved 13-7 (d) Any relocation caused by the exercise of eminent domain 13-8 of the Authority shall be at the Authority's expense 13-9 (e) The Executive Committee shall adopt a resolution 13-10 authorizing eminent domain that describes the property interest, 13-11 and, declares the public necessity for the acquisition relating to 13-12 the construction, extension, improvement or development of the 13-13 public transportation system 13-14 (f) A resolution that meets the requirements of (e) above 13-15 and is approved by the appropriate municipal governing body or 13-16 commissioner's court Ks conclusive evidence of the finding of 13-17 public necessity 13-18 (g) Chapter 21 of the Texas Property Code applies to the 13-19 eminent domain power of the Authority 13-20 SECTION 8 JOINT USE AOREEMENT (a) An Authority may agree 13-21 with any other public or private utility communication system, 13-22 cor~mon carrier or transportation system for (1) joint use of the 13-23 property or fixtures of the agreeing entitles, and (2) the 13-24 establishment of through routes, joint fares or transfers of 13-25 passengers between the agreeing entities 13-26 SECTION 8 FARES AND USE FEES (a) The Authority shall 14-1 impose reasonable and nondiscriminatory fares, tolls, charges, 14-2 rents and other forms of compensation for use of the public 14-3 transportation system The fares shall be sufficient to produce 14-4 revenue, which together with tax, revenue and any grants received 14-5 by the Authority, are of an amount (1) adequate to pay annually 14-6 the operation and maintenance expenses of the public transportation 5 of 9 19. 4/3/01 3 42 PM 77(R) HB 3323 Introduced version - B~II Text http//tlo2 tlc state tx us/cg~-b~ &BILLSUFFIX=03323&VERSION=1 &TYPE=B 14-7 system, (2) to pay as due the principal and interest on all bonds 14-8 issued by the Authority, which are payable in whole or part from 14-9 Authority revenue received and any sinking fund or reserve fund 14-10 payments, and (3) fulfill the terms of any other agreement with 14-11 the holders of bonds /ssued by the authority 14-12 (b) The fares for passenger transportation may be set 14-13 according to a zone system or by any other classification which the 14-14 Authority determines is reasonably related to cost of the system 14-15 use 14-16 (c) This section does not limlt the State's power to 14-17 regulate taxes imposed by the Authority The State agrees not to 14-18 alter permission granted under th~s section to the Authority to 14-19 impose taxes, fares, tolls, charges, rents and other revenues 14-20 suffzc~ent to pay obligations incurred 14-21 (d) State agrees not to impair the r~ghts and remedies of an 14-22 Authority bondholder until the principal and interest on the bond, 14-23 interest on unpazd installments, cost and expenses in connection 14-24 with an action or proceeding by or on behalf of a bondholder, are 14-25 discharged 14-26 SECTION 9 INSURANCE (a) The Authority may ~nsure through 15-1 purchased insurance policies or self ~nsurance programs, or both, 15-2 the legal liability of the Authority and of its contractors and 15-3 subcontractors relating to the acquisition, construction and 15-4 operat=on of the programs and fac~llt~es for personal and 15-5 property damage, officers and employers l~abil~ty 15-6 {b) The Authority may use contracts, rating plans and r~sk 15-7 management programs designed to encourage accident preventxon 15-8 (c) In developing an insurance or self-~nsurance program the 15-9 Authority may consider the peculiar hazards, indemnity standards 15-10 and past or prospective loss and expense experience of the 15-11 Authority or similar authorzties and of ~ts contractors and 15-12 subcontractors 15-13 SECTION 10 TAX EXEMPTION The property revenue income of 15-14 the Authority zs exempt from state and local taxes 15-15 SECTION 11 EXEMPTION OF TRANSIT RAIL SYSTEM (a) If the 15-16 Authority constructs, or operates or contracts with another entity 15-17 to construct, or operate a mass transit rail system, the Authorzty 15-18 is not subject to any state law regulating or governing the design, 15-19 construction or operation of a railroad, railway, street railway, 15-20 streetcar and urban railway 15-21 (b) If the Authority acquires ownership of an interest ~n 15-22 real property, or any mass transit rail system property operating 15-23 on property previously used by a railroad, railway, street railway, 15-24 or interurban railway when transferred to the Authority is a 15-25 continuation of existing razl use 15-26 SECTION 12 EXECUTIVE COMMITTEE (a) A~ Executive Committee 16-1 member has a term of two years Each member of the Executive 16-2 Committee is subject to reappointment as provided for in the 16-3 selection of the Interim Executive Committee, but ~n no instance 16-4 shall a member serve more than three terms 16-5 (b) A vacancy in the Executive Committee is f~lled under the 16-6 same manner as the original appointment 16-7 (c) To be eligible for appointment to the Executive 16-8 Committee, the person must have professional experience in 16-9 transportation, business, government, englneer/ng or law 16-10 (d) Members of the Executive Committee and officers and 16-11 employees of the Authority are subject to Chapter 171, Texas Local 16-12 Government Code 16-13 (e) The Executive Committee of the Authority shall meet at 16-14 least monthly to transact business of the Authority 16-15 (1) the presiding officer may call special meetings as 16-16 necessary, 16-17 (2) the Executive Committee by resolution shall set 16-18 the time, place and date of regular meetings, 16-19 (3) The Executzve Committee adopt rules and bylaws as 16-20 necessary to conduct meetings 16-21 (f) Five members of the Executive Committee constitute a 16-22 quorum 16-23 (1) An action of the Executive Committee requires a 20. 6 of 9 4/3/01 3 42 PM 77(R) HB 3323 Introduced verston- Bill Text http//tlo2 tlc state tx us/tgi-bi &BILLSUFFIX=03323&VERSION= 1 &TYPE=B 16-24 vote of a majority of the members present 16-25 (2) The bylaws may requmre a more than a ma]orxty vote 16-26 for a specifmed authorizations 17-1 SUBC~3%PTER C PARTICIPATION A~qD SERVICE PLAN 17-2 SECTION 1 ADDITION OF TERRITORY BY MUNICIPAL AI~NEXATION 17-3 (a) When a municipalaty that ms a part of the Authoraty annexes 17-4 terratory that before the annexatmon was not part of the Authoraty, 17-5 then the annexed terrmtory becomes part of the Authority 17-6 SECTION 2 ADDITION BY ELECTION (a) Terrmtory of a 17-7 municipality that is not initially part of the Authoraty may be 17-8 added to the Authority if 17-9 (1) Any part Of the municipality as located within the 17-10 territory of the Authority, 17-11 (2) The governing body of the munacapalaty orders an 17-12 election under this sectmon on whether the territory of the 17-13 municmpality outside of the Authority should be added to the 17-14 Authormty, and 17-15 (3) If a majority of the results receaved in the 17-16 electmon favor the measure, the governang body of the munacmpalaty 17-17 shall certify to the Executive Commmttee the result of an electaon 17-18 an whmch addmtional territory ms approved 17-19 SECTION 3 PARTICIPATION IN MORE TF~N ONE TRANSIT AUTHORITY 17-20 (a) A municmpalmty that has a populatmon of more than 500,000 and 17-21 as located mn a county wmth a populatmon of more than 1,000,000 may 17-22 participate mn a separate transmt authority 17-23 (b) If the municipality described mn (a) joins the 17-24 Authority, and a separate Transit or Transportatmon Authormty as 17-25 created or established in a county with a population of more than 17-26 1,000,000, the munmcmpality which had voted to partmcapate wath the 18-1 Authority and was a qualified munmcipalmty may 18-2 (1) remain in the Authormty which was ormglnally 18-3 created 18-4 (2) joan the new Authority an the county wmth a 18-5 populataon of more than 1,000,000 in whmch municapalmty as 18-6 pramarily located, or 18-7 (3) participate wath both Authormtles 18-8 {c) A munacipality whach has requested, partmcapated an, or 18-9 received a benefit of capital improvements made by the Authoraty, 18-10 mf it transfers to a different Authoraty or partmcmpates with more 18-11 than one Transit or Transportatmon Authority, must contmnue to 18-12 honor remmbursement oblmgations resultmng from the capital 18-13 amprovements of the Authority 18-14 SECTION 4 TAX IMPOSED IN NEW TERRITORY (a) Sales and use 18-15 tax imposed by the Authority takes effect mn a terratory added to 18-16 the Authority under thas subchapter on the first day of the 18-17 calendar quarter that occurs after the addatmon of the terrmtory 18-18 (b) The Authormty shall send a certmfmed copy of the order 18-19 adding territory or an order canvassing the returns and declaring 18-20 the results of the election, wath a map showmng the territory added 18-21 to the Authority to the Comptroller The order must anclude the 18-22 effectmve date of the tax 18-23 SECTION 5 SERVICE PLAN (a) A servmce plan developed by 18-24 the Executive Committee shall consider the followmng 18-25 (1) The regional transportatmon plan for the county of 18-26 the Authority 19-1 (2) Actual and projected traffac counts of private 19-2 passenger vehicles withan the territory of the Authormty and 19-3 projected destinations 19-4 (3) Reasonably feasmble alternatmve modes of publac 19-5 transportation, such as fixed guideway tall, passenger commercial 19-6 carriers or dedicated thoroughfare lanes 19-7 (4} The most efficment collectmon pomnts for passenger 19-8 use and destanatmon or transfer points shall be located 19-9 (A) alternative routes lanklng the access and 19-10 dmscharge points shall be created, 19-11 (B) Where right of way wmll be requmred for the 19-12 transit routes, alternate alignments using least populous areas 19-13 should be determmned 19-14 (b) Initial estmmates of capital expendmtures for a 7 of 9 21 · 4/3/01 3 42 PM 77(R) HB 3323 Introduced version - Bill Text http//tlo2 tlc state tx us/cgl-b~ &BILLSUFFIX=03323&VERSION= 1 &TYPE=B 19-15 functional public transportation system shall be considered 19-16 (c} Various forms of public transportation consistent with 19-17 use of the routes determined should be evaluated 19-18 (1) Cost per passenger per mile should be determined 19-19 (2) cost would include capital expense of 19-20 acquisition of the public transportation system, costs associated 19-21 with the acquisition, ~mprovement or modification of the transit 19-22 way, and maintenance and operating costs 19-23 SECTION 6 MAINTENANCE AND OPERATION {a) An adm~nlstratlve 19-24 overhead cost should be calculated separately 19-25 (b) Load Factors based on surveys, ~ntervlews, or other 19-26 reasonable quantification for the modes of transportation should be 20-1 considered 20-2 (1) A fare structure for the r~dership of the public 20-3 transportation system by mode shall be estimated 20-4 (2) Revenue from all sources, ~nclud~ng fares, fees, 20-5 grants and debt issuance shall be compared with estimated costs and 20-6 expenses 20-7 (3) Revenue minus expenses should be expressed as a 20-8 numerical number as well as a per rider factor for each trip or 20-9 segment thereof 20-10 (4) Any shortfall of revenue to expense shall be 20-11 expressed in a dollar figure and a per rider figure per trip 20-12 (5) If the service plan contemplates 3olnt use of 20-13 other transit systems or transfer to them, estimated dates of 20-14 access should be provided 20-15 (6) If certain se~nents of the service plan are more 20-16 profitable, or show a smaller deficit than others, then the plan 20-17 shall analyze segments separately in addition to a transportation 20-18 system 20-19 SUBCRAPTER D BONDS 20-20 SECTION i ISSUANCE (a) The Authority may ~ssues bonds at 20-21 t~mes as determined by the executive committee, 20-22 (b) The bonds may be issued as is necessary and appropriate 20-23 for the acquisition, construction, repair, improvement or 20-24 extension of the public transportation system for the Authority, 20-25 creating or funding self-insurance or retirement or pension fund 20-26 reserves, 21-1 (c) For purposes of the Authority, a bond also includes a 21-2 note Any bond ~ssued by the authority must have 20 year even 21-3 principal and interest payback, 21-4 (d) Any bond issuance that all or portion of which is 21-5 secured by pledge of sales and use tax revenues with maturity of 21-6 f~ve years or longer from the date of issuance may not be issued by 21-7 the Authority until an election has been held and has been approved 21-8 by a majority of the votes received on the ~ssue from a qualified 21-9 municipalities or participating entitles in accord with the 21-10 provisions established for authorization of sales and use tax, 21-11 (e) The bonds of the authorzty are fully negotiable The 21-12 authority may make the bonds redeemable before maturity, 21-13 (f) The bonds may be sold at a public or private sale, 21-14 whichever is financially more beneficial to the authority, 21-15 (g) The bonds of the authority are ~ncontestable after they 21-16 are approved by the attorney general or registered by the 21-17 comptroller and sold, 21-18 (h) To secure the payment of the bonds of the authority, the 21-19 authority may pledge all or part of the revenue realized from any 21-20 tax that is approved and levied, pledge any part of the revenue 21-21 from the public transportation system, or mortgage any part of the 21-22 public transportation system, 21-23 (i) Notwithstanding the above, the authority may ~ssue 21-24 refunding bonds at any time when the repayment savings from the 21-25 refunding bonds exceeds the cost of issuance 21-26 SUBCRAPTER E TAXATION 22-1 SECTION I SALES AND USE TAX {a) The Executive Committee 22-2 r0ay ~mpose sales and use tax for use by the Authority at a rate of 22-3 (1) one-ql/arter of one-percent, 22-4 (2) one-half of one-percent, 22-5 (3) three-quarters of one-percent or 8 of 9 22. 4/3/01 3 42 PM 77(R)HB3323 Introducedvers,on-BlllText http//tlo2tlcstatetxus/cgl-b~ &BILLSUFFIX=03323&VERSION=l&TYPE=B 22-6 (4) one-percent, 22-7 (b) The imposition of the sales and use tax must be approved 22-8 in an election and may not be imposed by a municipality or ~n the 22-9 balance of the county that has not conflrmed the Authority, 22-10 (c) Sales and use tax may be imposed by a municipality if ~t 22-11 already participates in a transportation or transit plan other 22-12 than Authority, if 22-13 (1) the combined rates of all sales and use taxes 22-14 proposed in the municipality does not exceed two-percent, 22-15 (2) in submitting the authorlzation for a vote within 22-16 the municipallty, the ballot shall read "The C~ty of 22-17 already ~mposes a sales and use tax for participation ~n the 22-18 transportation authority The proposed sales and use 22-19 tax is solely for the beneflt of, and will be dedicated to the 22-20 county transportation authority" 22-21 SECTION 2 MAXIMUM TAX RATE (a) The Authorlty may not 22-22 adopt a sales and use tax zncludzng a rate ~ncrease, when the tax 22-23 cor~bined with the rates of sales and use taxes ~mposed by other 22-24 political subdivision having territory in the authority exceeds 2% 22-25 in any location of the authority Any ~ncrease ~n the tax rate to 22-26 a higher rate must be approved by a majority of the voters at a 23-1 confirmation election as specified herein, 23-2 (b) The sales and use tax takes effect on the flrst day of 23~3 the f~rst quarter after the confirmation elect~on, 23-4 (c) The tax rate of the Authority may be lowered by order of 23-5 the Executive Committee ~f it ~s ~n the best interest of the 23-6 Authority, 23-7 SUBCHAPTER F ADMINISTRATION 23-8 SECTION 1 AUDIT (a) The Authority shall prepare an annual 23-9 audit conducted by an independent certified public accountant, 23-10 (b) The audit is a public record under Chapter 552 of the 23-11 Government Code, 23-12 (c) The Executive Committee shall receive the audit at a 23-13 regular business sesslon and address on the record any def~clenc~es 23-14 noted in the report to management, 23-15 SECTION 2 FUNDING (a) The Authority may receive grants, 23-16 donations or gifts to pay for operational costs or authorized 23-17 purposes 23-18 (b) The Executive Committee shall develop an annual budget 23-19 consistent with its duties 23-20 (c) The Authority ~ay request funds for operation from 23-21 qualified municipalities, the commiss~oners court, or both The 23-22 request shall be accompanied with a budget and funds appropriated 23-23 to the authority are subject to audit 23-24 SECTION 3 PROHIBITIONS (a) No employee, agent or person 23-25 receiving compensation from, or on behalf of, the Authority may 23-26 attempt to effect the outcome of any legislation 24-1 (b) This section does not apply to a contested 24-2 administrative matter or pending or reasonably anticipated 24-3 litigation 24-4 SECTION 4 EFFECTIVE DATE Thls Act takes effect September 24-5 1, 2001 9 of 9 23. 4/3/01 3 42 PM 77(R)HB3323 Introducedverslon-BlllAnalysls http//tlo2tlcstatetxus/cgl-bl &BILLSUFFIX=03323&VERSION=I&TYPE--A HBA-NRS H B, 3323 77 (R) BILL ANALYSIS Office of House Bill AnalyslsH B 3323 By Solomons Transportation 4/2/2001 Introduced BACKGROUND AND PURPOSE Due to the increase in the state's population, countmes adjacent to other counties that contain a major municlpality are adversely affected by an mncrease in traffmc congestion on area roadways TO provide more efficient transportation and to reduce a~r pollutmon an alternatmve means of transportation in such counties needs to be developed A county transportation authority could facilitate efforts to ameliorate traffmc congestmon and pollution House Bill 3323 authorizes a county ad3acent to a county wmth a population of more than mmllion to create a county transportation authority RULEMAKING AUTHORITY It ms the oplnion of the Offzce of House Blll Analysms that this bill does not expressly delegate any additional rulemakmng authority to a state officer, department, agency, or institution ANALYSIS House Bill 3323 amends the Transportatmon Code to authormze a county adjacent to a county with a population of more than mmlllon to create a county transportation authority (authority) The bmll authormzes the commxssloners court of the county to create the authority by resolution or order or by a petition si~lned by at least fmve percent of registered voters mn the county The bill requires the commissxoners court to schedule a public hearing upon receipt of the petition or upon passage of the resolutmon or order, and to provide notice of the meetmng The bxll authorlzes the commissioners court to adopt a resolution or order after the public hearing designating the name of the authority and a statement that requires all lands within the county to be part of the authority ~ncluding a munmcipality partially there/n (SUBCHAPTER A, SECTION 3) The b~ll requires the commissioners court and certain mun~czpal~t~es to appoint an interim executive committee and sets forth the selectmon process and composition of the interim executive commmttee (SUBCHAPTER A, SECTION 4) The bmll requires the interim executive commmttee to develop a service plan and proposed tax rate (SUBCHAPTER A, SECTION 5) Upon the approval by the interim executive committee of the service plan and tax rate, the b~ll requires a copy of the service plan and tax rate to be provided to the county comm~ssioners court and the governing body of each munlc~pality w~th a populatzon in excess of 15,000 The bill prohibits a municipality that does not approve by resolution or order the service plan and tax rate from partmc~patmng in the service plan or the confirmation electlon order for the authorlty (SUBCHAPTER A, SECTION 6) The bxll requires the interim executive committee to provmde notmce to the commissioners court of the need to call a conf~rmat~on election The b~ll requmres the commissloners court and the governxng body of each municipality that has approved the plan to order the conf~rmat~on election (SUBCHAPTER A, SECTION 7) The bzll requxres the conf~rmat~on elect~on to be conducted so that votes are separately tabulated and canvassed showing the results, of each separate municipality that passed a resolution or order approving the service plan and tax rate In each municipality or xn the county where a majorzty of votes were received in favor of the proposmtmon, the authorlty ms confirmed (SUBCHAPTER A, SECTION 8) The bill provmdes that an authorzty that has not been conf~rmed expires on the third anniversary of the date of the resolution or order xnit~atlng the process I of 3 24. 4/3/01 3 41 PM 77(R) HB 3323 Introduced version - Bill Analys~s http//tlo2 tlc state tx us/cg~-bi &BILLSUFF1X=03323&VERSION=1 &TYPE=A to create the authority (SUBCHAPTER A, SECTION 9) The bill provides that an authority may sue and be sued The bill authorizes the authority to hold, use, sell, lease, dispose of, and acquire by any means, property and licenses, patents, rights and other interests necessary, convenient or useful to the exercise of power ascribed to the authority (SUBCHAPTER B, SECTION 3) The bill authorizes the authority to contract with any person, to accept a grant or loan from any person, and to enter into any interlocal agreement or other agreement with any munlcapallty or other transportation or transit entaty (SUBCHAPTER B, SECTION 4) The bill authorizes the authority to acquire, construct, develop, plan, own, operate and maintain a public transportation system in the territory of the authority including the territory of the polatlcal subdivision or municipality partially located in the territory of the authority (SUBCHAPTER B, SECTION 5) The bill authorizes a municipality, for two years after the confirmation of the authority to call an authorization election for the tax levy associated with the service plan developed by the interim executive committee, or a tax rate that has been modified by action of the executive committee after the confirmation election which creates the authority (SUBCHAPTER B, SECTION 6) E B 3323 authorizes the municipality to use any publac way as at is necessary or useful in the construction, repair, maintenance or operation of the public transportation system The bill authorizes the authority to acquire by eminent domain interest in real property including a fee simple anterest and the use of air or subsurface space (SUBCHAPTER B, SECTION 7) The bill authorizes a municipality to agree with any other public or private utility communication system, common carrier, or transportation system for Joint use of the property or fixtures of the agreeing entitles and for the establishment of through routes, 3olnt fares, or transfers of passengers between the agreeing entities The bill requires the authority to impose reasonable and nondiscriminatory fares, tolls, charges, rents, and other forms of compensataon for use of the publac transportataon system (SUBCHAPTER B, SECTION 8 ) The bill authorizes the authority to insure through purchased insurance policies and self insurance programs the legal liability of the authority and of its contractors and subcontractors relating to the acquisition, construction, and operation of the programs and facilities for personal and property damages and for officer and employer liability (SUBCHAPTER B, SECTION 9) The bill provides that the property revenue income of the authority is exempt from state and local taxes (SUBCHAPTER B, SECTION 10) If the authority constructs, or operates or contracts with another entity to construct, or operate a mass transit rail system, the authority is not subject to any state law regulating or governing the design, construction or operation of a railroad, railway, street railway, streetcar and urban railway {SUBCHAPTER B, SECTION 11) The bill sets forth provisions relating to executive committee membership and meetings (SUBCHAPTER B, SECTION 12) The bill provides that when an annexed territory becomes part of a municipality that is a part of the authority, the annexed territory becomes part of the authority (SUBC/~APTER C, SECTION 1) The bill provides that a municipality that is not part of the authority may be added to the authority if any part of the municipality is located within the territory of the authority and an election on whether the territory of the municipality outside of the authority should be added to the authoraty ordered by the governing body of the municipality results an a majority favoring the measure (SUBCHAPTER C, SECTION 2) The bill authorizes a municipality that has a population of more than 500,000 and is located in a county with a population of more than 1,000,000 to participate in a separate transit authority or to participate in both the original and new authoritaes (SUBCHAPTER C, SECTION 3) The bill provides that sales tax and use tax imposed by the authority takes effect in a territory added to the authority on the first day of the calendar quarter that occurs after the addition of the territory (SUBCHAPTER C, SECTION 4) The bill requires that a service plan developed by the executive committee consader the regional transportation plan for the county, traffic counts, alternative modes of public transportation, the most efflcaent collection 25. 2of3 4/3/01341PM 77(R) HB 3323 Introduced version - Bill Analysis ht'Cp//tlo2 tlc state tx us/egg-bi &BILLSUFFIX=03323&VERSION=I&TYPE=A points, estimates of capital expenditures, and various forms of public transportation consistent with the use of determined routes (SUBCHAPTER C, SECTION 5) The bill provides that administrative costs should be calculated separately and certain load factors should be considered (SUBCHAPTER C, SECTION 6) The hill authorizes the authority to ~ssue bonds when necessary for the construction, repair, and ~mprovement of the public transportation system of the authority (SUBCHAPTER D, SECTION 1) The b~ll authorizes an executive committee to impose sales and use tax at certain rates for use by the authority after approval by elect~on (SUBCHAPTER E, SECTION 1) The bill requires the authority to prepare an annual audit conducted by an ~ndependent certified public accountant (SUBCHAPTER F, SECTION 1) EFFECTIVE DATE September 1, 2001 3 of 3 26 4/3/01 3 41 PM 77(R) lib 3323 Introduced version - Fiscal Note http//tlo2 tlc state tx us/cgi-bt &BILLSUFFIX=03323&VERSION=I&TYPE=F LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 3, 2001 TO Monorable Clyde Alexander, Chair, House Committee on Transportation FROM John Keel, Director, Leglslat~ve Budget Board IN RE HB3323 by Solomons (Relating to the creatlon, organization and management powers of a regional county transportation authority, providing for elections, providing for a governing board, provld~ng for procedures for annexation of territory, authorizing the levy and collection of the sales and use and excise tax, authorizlng transit authorities to contract with the county transportation authority ), As Introduced * No szgnmficant fiscal ~mplication to the State ~s anticipated * Local Government Impact The flscal impact to u~%its of local government would vary depending on the s~ze of the local body, the transportation services that would be provided under the provismons of the bill, and current tax law It is assumed that larger counties, population 300,000 or more, w~ll be more l~kely to establish a reglonal transit authority (RTA) than counties with smaller populations For the purposes of provldlng a cost estimate, the Corpus Christi Regional Transportation Authority (RTA) was contacted The Corpus Christ~ RTA services Nueces county, which has a estimated population of 300,000, reported providing bus and paratranslt services and operating on approximately $23 mill~on each year It zs assumed that RTAs providing like services in other counties may realize s~mllar operating costs in addition to initial start up costs It ~s also assumed that counties establishing and malntaln~ng an RTA would utilize taxation, fees, and bond initiatives to fund transportation services and that generated revenue would cover the cost of operation Source Agencies 352 Texas Bond Review Board, 601 Texas Department of Transportation, 304 Comptroller of Public Accounts LBB Staff JK, JO, MW, DW 1 ofl 27 4/3/01 3 41 PM Agenda Item~_, , AGENDA INFORMATION SHEET rlate_ 4I' I 0 '~ ~ ~ -- AGENDA DATE: Aprd 10, 2001 DEPARTMENT: Pohce t/ ACM' .Ion Fortune ~ SUB.CT Receive a staff report, hold a d~seusslon and prowde staff d~reetlon regarding the regulation of vebacles parked on residentud lawns BACKGROUND: The City has no ordinance specifically protubltuag the parking of velucles on residenttal lawns In 1985, staffresearched flus issue and presented the attached ordinance to Council for considerat~on The proposed ordinance prolub~ted the parking or storage of any motor vebacle, boat, travel trader or trader on an ummproved area of the l~ont yard of any one-famdy, two-family or multl-fanuly dwellmg It did include a "grandfather clause" that prowded a defense to prosecution rf the dwellmg was constructed prior to the adoption of the ordmance and there was no asphalt or concrete space on the lot On September 17, 1985, the Councd dechned to adopt the ordmance and d~rected staffto perform a more m-depth study of the [ssue While researching the msue m 1985, staffcontacted numerous cities throughout the State, including Addrson, Arlmgton, Bedford, Carrollton, Dallas, Garland, Lewrsvflle, Mesquite, Piano and Pdchardsen With the exception of Dallas and Bedford, all of the named cities maintained ordinances probabltmg the parking ofvebacles on residential t~ont yards The ordinances requu'ed, vathout exceptuan, all vehicles to be parked on an asphalt, concrete or su'odor surface In the preparation oftbas report, staffeontacted the named cities again and found no chan. gem the ordinances Those cities wth such an ordinance reported no complaints about the restriction and had experienced no dffi]cultles m gaming eomphance once the owner of the vehtcle was notified ora violation Those cities also report an observable waprovemant ua the appearance of neighborhoods Staffsearched both the current Code of Ordinances and the pending Denton Development Code for defimtlons of the types ofvehtcles referred to m flus report Defimtuans are not uacluded ua both Codes for all vehtcles The following defimtlons are provided as a reference as flus ~ssue ~s d~scussed Motor Velucte has multaple defimtuans ua the current Denton Code Staffls worhng voth the Planning Department to develop defimtlons that can be consistently used ua future orduamaces The current Denton Code defines a recreational velucle as a "vehtcular, portable structure but# on a chassis, destgned to be used as a temporary dwelhng, self-propelled or to be towed behind a motor vehtcle, wtthout spectal permtt bemg needed, of a gross wetght of not more than four thousand flve hundred (4500) pounds and having an overall length of not more than 28feet The Denton Development Code defines a recreational vehicle as "a motorized vehicle, designed and/or mamtatned for use as a temporary dwelling or sleeptng place for travel or recreatton purposes exclustvely, havmg no foundatton other than wheels or jack~ " Trailer ~s defined m the Denton Development Code as "a non-motortzed vehtcle, pulled by an automobile or truck, destgned and/or maintained for use as a temporary dwelling or sleeptng place for travel or recreattonal purposes exclustvely Tlus issue consists of three ~stmct s~tuatlons There are residences, which, due to the number of heensed drivers residing m the house, have more vehicles than the paved driveway will accommodate and are located on streets that preclude street parking, such as Carroll Boulevard Secondly, there are residents who own motor homes, travel trailers, boats or utlhty traders and use the front yard of their residence as storage for such vetucles The third situation revolves the storage ofjunked vetucles m the front yard or other areas of the property A junked vebacle ~s defined m Section 20-41 of the Code of Ordinances as a motor vetucle that ~s inoperative and (1) does not d~splay a vahd and current vebacle regtstratlon or motor vehicle safety inspection certificate, or (2) is wrecked, chsmantled, partmlly d~smantled or dascarded, or (3) remains inoperable for a continuous period of more than forty-five (45) days Section 20-48 of the Code of Ordinances prowdes gmdehnas for the removal ofjunked vehicles from private or pubhe property However, it prowdes an exception for an operable or inoperable antique or specml mterast vehicle stored by a collector on the collector's property ff the vehicle and the outdoor storage area are maintained m a manner so that they do not constitute a health hazard and are screened from ordinary pubhc wew by means of a fence, rapidly growing trees, shrubbery or other approprmte means Section 20-41 defines an antique auto as a passenger car or truck that was manufactured m or before 1925 or ~s at least tlm'ty-five (35) years old A speead interest veluele is defined as a motor vehicle of any age that has not been altered or modified from the original manufacturer's specifications and, because of its lustortc mterest, ~s being preserved by hobbyists Allowing trees or shrubbery to provide screening ~s an inherent flaw as those plants may proxade sufficient screening m the spring and summer, but may fad to provide such screening m the fall and wrater when they shed thetr leaves Additionally, under prior admtmstratlons, the placement ofa tarp over a junked vehicle has been interpreted as sufficient sereemng The current enforcement pohcy reqmres a junked veincle to he concealed by a cover spectfieally manufactured for use as a car cover Those individuals who have been allowed to cover the vehicle wath tarps are instructed to replace the tarp with a legltumate car cover when the tarp wears out to the point ofhemg an ineffective screenm4g devtce An mdiwdual mamtanung a junked vebacle La v~olatlon of City ordinance rs served w~th written notrfieation of the wolation The property ~s respected Ln seven days and, ffthe v~olatlon has not been corrected, a certified letter rs sent to the owner of the property and another mspeetton is performed fourteen days after the letter rs marled If the vtolatxon still exmts, staffattempts to contact the owner If the wolatlon still eyasts, a case rs filed tn Mumclpal Court and the velucle may he towed Thts process was unplemented and approved by the City Councd approxunately two years ago m response to a stgmficant number of complaints received from cltzzem who felt they were not prowded sufficient notice and opportumty to abate wolat~ons prior to enforcement action hemg taken OPTIONS 1 The Councd can chrect staff to prepare an ordinance that would protublt the parking of any vehtcle on an ummproved area of the front yard ora residence 2 The Council can d~rect staff to prepare an ordinance that would restrict the parking of spectfic vehicles on an urmnproved area of the front yard of a residence 3 The Council can chrect staff to conduct further research and consider tins rssue at a later meeting 4 The Council can dxrect staff to take no further action regarding fins rssue RECOMMENDATION. Staffhas no recommendation Staffwfllproceed following specrfie dtrection from Counctl PRIOR ACTION/REVIEW: As stated, Council considered and declined to adopt such an ordmance La 1985 FISCAL IMPACT: None Respectfully subnutted, Gary L Matheson Ctuef of Pohce Prepared by Scott Langford Support Operations Lieutenant 3 t0?,L ALI ORDINANCE AI~HDZNG APPENDIX B-ZONZNG OF THE CODE OF OF ~E CZ~ OF D~ON, T~ TO P~VXDE FOR ~ONT RE~TZONS FO~ ~ESXD~T~ LOTS; P~OV~I~G F0~ A ~EN~ XN SE~XLX~ C~USE~ ~D P~O~DX~G, FO~ E~ECTZ~ DATE. ~E COUNCIL OF ~E CITY OF DE~ON, H~BY SECTIOH X. ThaC Are&elm l$ ofi?~and~x BoZonlnS of cha Coda of of cha C&cy of Deacon, hs~by amended by addLns a new paragraph E which shall read as follows. E. Franc yard perkins resulacLoas for residential lacs. (l) Ho person shall park, score or maLaCala motor vehicle, boar, Crewel trailer or craller in~nhYe £ronc yard of any loc.~a which le locacad a one-family, Cwo- ~amily or mulCi family dwellicS excepc upon a parking space paved wlch asphalt or concrete. (2)' Ia aha prosacucloa of a v~olaclon of paragraph above, evidence of che name of che rasiscarad owner such motor vehicle, boaC, cravat Crallar, or trailer ac Cha cime cha vLolaclons occurs, shall conscIcuce pr~a facie proof chac such regLscarnd o~nar vas cha person who parked, scored or ma&ncaLaad such mocor vehicle, boar, travel trailer or Crailer. 3) ZC is a da£anse co prosecuCLoa of a vLolaClon o£ E(~) Char, aC che ctma cha dwallinSunlC or building located on a loc was coflscruccad, chars was no requirement co provide a contract or asphaLc perkins space in c~e franc yard of such loc, and Chert ts no ~arkiag space paved wich asp~alC or contract on such LoC. SECTION IX. Thac any person violaCtnS amy o£ Che provisions of chis ordinance shall, upon conviccLon, be ~Lned a sum aec exceeding T~o Hundred Dollars ($200.00); and each day and every day chac provisions o~ chis ordinance are violacad shall coasCicuCa a separaca and distinct offense. This penalcy ts in addition Co and cumulacLva of, any ocher remedies a8 may be available aC law and equiCy. SECTION III. Thac if any section, subsection, paragraph, 8eaCecce, clause, phrase or word in chis ordinance, or applicacioa thereof co any person or oircunscance ts hold invalid b~ any courC o£ competent Jurisdiction, such holding shall nec affect cha validity oM remaining portions of chis ordinance, and che CLeF Couae£1 of City o£ DeaCon, Texas, hereby declares it would have enacted such remaLnia8 portions despice any such PAOE 1 $~CTIO~ TUaC chLs ord~aaace sUall beco~e ~£ecCLve_£ourceen (14) days £rom CUe dace o£ ~Cs passase, ~nd Che C~C~ uacrecary ~s Uereby d~recCed Co cause the caption sC ch~a ord£nance Co be-publ£sUed Cw£ce ~n CUe Denton Record-ChronLcla, CUe o£~e~al ueuspeper the CLOy o£ Deacon, Texas, wLCULc Can (lO) days o£ CUe dace o£ passaae, I PASSED AHDAPPaOVED cULs CUe day o£ , L985, CITY OF DEHTOH, TEXAS ATTEST: pAGE 2 AGENDA INFORMATION SHEET AGENDA DATE April 10, 2001 DEPARTMENT Code Enforcement ACM: Jon Fortune SUBJECT Receive a staff report, hold a discussion, and give staff direction regarding vehicles on parking lots with "For Sale" signs BACKGROUND. In a recent work session, the Mayor made mention of this topic Consequently, staff performed some research into the issue which resulted m the following information At this time the City of Denton does not have an ordinance addressing this issue The current zomng ordinance states "New or used car sales lots 0n open) are not allowed m the Office District, Neighborhood Service District, and General Retail Service District" The Development Code will restrict locations for automobile and RV sales The code defines automobile and RV sales as "A structure and/or lot dedicated to the retml sale of new or used motor vehicles" Enforcement based on this definition will not be possible as the lots are not "dedicated" to vehicle sales Currently, if a complaint is received, Code Enforcement will contact the property owner to see ~fthe vehicle has permission to be on the lot If the owner has g~ven permission, and the vehicle does not quahfy as a junk vehicle, no action is taken If the owner has not g~ven permission, and wants the vehicle removed, Code Enforcement will attempt to contact the owner of the vehicle for removal from the lot If attempts to contact the vehicle's owner are unsuccessful, the vehicle may be marked for impound as an abandoned vehicle at the request of the property owner After 48 hours, the Police Department will impound the vehicle The property owner also has the option to have the ve1~cle removed immediately by a wrecker company he chooses We have recently dealt with the lot at Carroll and Oak The property owner stated that the vehicles for sale on his lot did not l~ave permission to be there Code Enforcement contacted the vehicle's owners and the owners removed the vehicles The property owner has since placed signs on the property advising that vehicles left on the lot would be towed We are also deahng with the bowling alley parking lot on Colorado The owner of that property is cooperating with us on removing the cars We are in the process of contacting the vehicle owners about removing the vehicles We beheve most property owners do not want vehicles for sale parked on their lots and will cooperate with us on having the vehicles removed The Code Enforcement Section has not received any complaints on this problem until recently Staff surveyed ten cities throughout the state, ~ncludlng Add~son, Arhngton, Bedford, Carrollton, Dallas, Garland, Lew~swlle, Mesqmte, Plano, and Rachardson These crees do not have an ordinance ~n effect The reties surveyed stated that the owner of the property can have the vehmles towed at the vehicle owner's expense or be marked for ~mpotmd If the owner has given permission for the vehicles to be parked there, then there ~s no wolatlon These are the procedures we are currently using OPTIONS 1 The Council can direct staff to perform additional research and prowde more reformation at a later date 2 The Council can d~rect staff to continue the present method ofremowng the vehicles from lots RECOMMENDATION Staff recommends Councd d~rect Code Enforcement to continue the current methods ofremowng vehicles PRIOR ACTION/REVIEW: None FISCAL IMPACT There xs no identified fiscal ~mpact at this time Respectfully submitted, Gary L Matheson Chief of Pohce Prepared by Scott Langford Support Operatxons Lieutenant 2 , AGENDA INFORMATION SHEET Agenda Item. AGENDA DATE: Aprxl 10, 2001 DEPARTMENT: Planning Department ~/ CM/DCM/ACM: David Hill, 349-8314 SUBJECT - A-01-0001 (Denton ISD) Receive a preliminary assessment, hold a discussion, and give direction to staff with regard to the proposed voluntary annexation of an approximately 120 4 acre tract on the north side of Loop 288 between Stuart Road and Sherman Drive BACKGROUND The property is owned by Denton Independent School District, which has requested that the property be annexed Some of the 120-acre property is already within Denton city limits (see Attachment 2), annexation would bring the rest of the property within the city The property is currently undeveloped DISD's stated purpose of the annexation is to construct an elementary school, a middle school, a sports stachum, an aquatm center with indoor and outdoor famhtms and a park with playing fields (see Attachment 5) Some of these facilities would be operated by the City of Dentun's Parks and Recreation Department The zomng at the time of annexatlun will be Agricultural (A) if the existing Zomng ordinance is still in effect at that time If the draft development code is in effect at the time of annexation, the zoning would be Neighborhood Center Residential (NCR-4) OPTIONS 1 Approve as submitted 2 Approve with eondlhons 3 Deny 4 Postpone consideration 5 Table item RECOIVI~VIENDATION The Denton Plan anticipates tins property to be within an Ex]sting Nelghborhoods/Infill Compatibility land use area Since this property is outs]de the city limits, annexation is the logical step to ensure development consistent with The Denton Plan It will provide the City of Denton the authority to regulate land use based upon zoning classification Therefore, staff recommends that the City Council conduct a thorough analysis regarding this request for annexation and approve the attached annexation public heanng schedule (See Attachment 3) Approval of this schedule will allow staffto proceed with the formal annexation review process PRIOR ACTION/REVIEW (Council. Boards. Commissions} None at ttus time FISCAL INFORMATION None at tins t~me ATTACHMENTS 1 Site Plan 2 Location Map 3 Annexation Schedule 4 Prehmmary Assessment 5 Petition for Annexation Respectfully submitted D~rector of Planmng and Development Prepared by Thomas B Gray Planner I 2 ATTACHMENT % ATTACHMENT 2 ~ NORTH A-01-0001 (Denton lSD) LOCATION MAP Agenda Date April 10, 2001 Scale None 4 ATTACHMENT 3 A-01-0001 ANNEXATION SCHEDULE February 19, 2001 Staff receives annexation pebt~on April 10, 20~1 City,Go~ln~r~eceives a preliminary assessment, g~ves direcbon to staffle~nd ~ ~proval of a schedule for pubhc heanngs mge~l~in~ annexation [3 Prettmir~ Annexation Assessment prepared [] A~nex~n Schedule prepared Apn114, 2001 Not~ce pubhshed in Denton Record-Chronicle for first public heanng ~ Nobce sent to newspaper by noon on April 11 ~ Annexation Study prepared and available for pubhc rewew [] Servlce Plan prepared and available for pubhc rewew Apnl 28, 2001 Notice pubhshed ~n Denton Record-Chronicle for Planmng and Zoning Commission pubhc heanng ~ Not~ce sent to newspaper by noon on Apnl 25 May 1, 2001 C~ty Council conducts first pubhc heanng · Public nobce must be no less than 10 days and no more than 20 days before pubhc heanng Apnl 28, 2001 Nobce pubhshed ~n Denton Record-Chronicle for second C~ty Council pubhc heanng [3 Notme sent to newspaper by noon on Apnl 25 May 9, 2001 Planmng and Zomng Commmmon holds a pubhc heanng and considers making a recommendation to the C~ty Council regarding the proposed annexation and the proposed zoning · Pubhc nobce must be no less than 10 days before pubhc heanng May 15, 2001 City Council conducts second pubhc heanng · Pubhc not~ce must be no less than 10 days and no more than 20 days before pubhc heanng June 5, 2001 C~ty Council by a four-fifths vote msbtutes annexation proceedings F~rst reading of annexation ordinance · Acbon must be more than 20 days after the second pubhc heanng but less than 40 days from the first pubhc heanng June 16, 2001 Pubhcabon of annexabon ordinance ~n Denton Record-Chromcle ~ Text sent to newspaper by June 8 to ensure ~nclumon July 17, 2001 C~ty Council by a four-fifths vote takes final action Second reading and adoption of the annexation ordinance · Council action must be more than 30 days after pubhcat~on of ordinance and less than 90 days after council ~nst~tutes annexation proceedings 5 ATTACHMENT 4 PRELIMINARY ANNEXATION ASSESSMENT A-01-001 (Denton 1SD) Petitioner. WHham M Coleman SENTCorp 1621 Amanda Court Ponder, Texas 76259 Owner Denton Independent School D~striet 1307 North Locust Street Denton, Texas 76201 Location and Size: Approximately 120 4 acres bounded by Loop 288 to the south, Stuart Road to the west, Sherman Drive to the east and Long Road to the north Some of the property ts already within Denton city limits Existing Land Use Undeveloped Surrounding Land Use West Future restdentlal (PD-186, Beaver Creek) East Undeveloped North Undeveloped South Restdential and undeveloped Proposed Development' The School District plans to construct and aquattc center, an elementary school, a m~ddle school, a sports stadium and park facthties on this site Some o£ these £acllmes would by operated by the City's Parks and Recreation Department Zoning at the time of annexation wH1 be agricultural (A), 1£ annexed under current code, or Neighborhood Center Restdentml NCR-4, if annexed under the draft development code Analysis. [] The property m bounded by Denton city hmits on the east, west and south sides [] The property ts currently located w~thm an Existing Neighborhoods/Infill Compatibihty area of The Denton Plan [] Annexation will ensure that the c~ty controls the zomng and development of tlus property [] The development as proposed wtll reqmre pubhc improvements The type and scope of improvements reqmred wH1 be determined as the property is developed A-O I 0001 Preliminary Assessment doc 6 ~-~ ATTACHMENT 5 W~ Date /~, 0~'~' 2000 The undersigned does hereby petition for annexation c Loop 288 and Sherman Dr (FM42g) of the City of Denton, Texas The t shown on the attached map The undersigned also cemftes aNtants is reasonably accurate and assumes respousibdity for the completion of said information prior to scheduled action on the request of the City of Demon 1 Is petition being initiated by owner(s) or majority of registered voters m area of request? Yes If no, what is the status of the applicant? Owner's Consultant 2 How many dwelling units are located within the area requested for annexation? 0 3 How many businesses or non-residential land uses are located within the area of request? 0 Please provide a general description of these land uses mdudmg the names of the businesses, if known Currently agricultural useage (fallow) Proposed uses Aquatic center (indoor and outdoor £aeflmes), Sports stadium, Elementary school, Middle school and City park with playmg~flelds Developed and operated by City of Denton and Denton I S D 4 D~esarea~~request~nc~udeanyternt~rywith~nthecatyhrmts~rextraternt~n~~~ur~sdicti~n~fan~thercity?N~ Ifyes, which city? 5 Estimated population of the area in request 0 Adults 0 Children 0 Number of Registered Voters 0 6 At the tune of this petmon, have any other annexation procedures been inmated for all or any part of the area requested m this ~etition? No If yes, please explain the procedures begun and their status 7 Does a water supply district lie within the boundaries of the area proposed for annexation? No 8 What zoning, if any, other than agricultural (A), is being requested under separate application? Applicable zoning to be determined by city staff 9 llFhai is the purpose of the annexation? To bring the proposed development of tins area under the control of the C~ty of Denton ANNEXATION PETITION PAGE 2 Apphcant Wdham M Coleman Company Surveyors & En~neers of North Texas Address 1621 Amanda Court Tel 940 482 2906 Fax 940 482 2911 Cny Ponder State TX ZIP 76259 Emml wculeman@sentcurp eom Property Owner Denton I $ D Company Address 1307 North Locust Tel 940 387 6151 Fax C~ty Denton State Tx ZIP 76201 Emml Engineer See Apphcant m£o Company Address Tel Fax C~ty~ State~ ZIP Emml (SIGN AND PRINT QR TYPE NAMe/ c~ No '~ - O ~, ~ O001 , SIGNA'rU ,///J// (Letter o~atl~e~l~.d'n reqtm'e-d d st~n~ture Is other than property owner) Case M~nager PrmtorTy eN e Subscnbed and sworn before me this ~PHCA~ON D~H~ [~DA~ 8 AGENDA,N, OR AT, ON .EET q ) 10 ! 0 L AGENDA DATE' April 10, 2001 DEPARTMENT: Police ACM. Jon Fortune SUBJECT. Receive a report, hold a d~scusslon, and g~ve staff d~rect~on on the appmntment of a task fome to study racml profihng ~n Denton BACKGROUND. In accordance with Council's &rect~on at the March 27, 2001, Work Session and ~n conslderatton of addmonal Council feedback s~nce that time, I would submit the following for your cons~deratmn Additionally, I trust that Council has had an opporttm~ty to review the management study conducted by Southwestern Law Enforcement Institute that was promded to each of you this past Friday The study ~ncludes valuable ~ns~ght as to where we have been and makes some suggestions as to possible future d~rectlon in addressing the ~ssue of racial profiling As Council will recall, one of the key elements that I outlined and discussed at the recent Work Session was determ~mng a methodology of ~dent~fy~ng racml profihng A component of that would consist of the ~dentlficat~on of core data that should be collected for a vahd analys~s I had also &scussed the ~mportance of an acceptable/agreeable definmon of racml profihng, as well as the scope of any task force study In rewew~ng the management report, you will note that two of those areas are specifically addressed The report also ~ncludes other areas for d~scuss~on that are relevant to the issues surrounding the implementation ora sound action plan W~th that in mind, I would offer a proposal for your consideration Appoint a committee cons~sttng of approprmte commumty representatives I would suggest that the committee conststs of not more than ten c~t~zens 0nclus~ve of two pohce representatives) Task the committee w~th the responmbfl~ty of formally defining racial profiling, to include a mtmmum of five examples of an act that would constttute a breech of the defimtmn The committee should be asked to decide what relevant data ~s required to be collected for a vahd study to be conducted For example, locatton of pohce stops, reason for the stop, etc Members could be tasked w~th determ~mng how to best collect the data, prowd~ng input on a Departmental ramal profihng pohcy, determ~mng any perttnent Department trmnmg needs and ~dentffylnghmplementmg any pertinent public educat~onhnformat~on needs, especmlly those related to our General Order on rece~vmg mttzen complaints D~rect~on should be g~ven for minutes (wa recording device) to be taken at each meeting for proposes of documentation and referral A Chair should be designated by Cotmcfl and tasked with the responsibility to prowde committee progress reports to you in regular work sessions, thus allowing Council the opportumty to g~ve further direction and/or ~mplement committee recommendations For the first two months, the committee should be d~rected to hold meetings on a weekly basis at times 1 that are convement with the majority of the membership Attendance rules should be adopted and I would suggest that any member who fails to attend more than two meetings, during the lmtla160 days, should be dropped from the committee The Chmr could handle absences after that time frame on a case-by-case basis Committee meetings should not include discussion from anyone other than appointed members, except for the Chlef~ofPohce or hxs desxgnee and/or xndlvxduals specffically ~nwted to speak by the committee Chmr Finally, meeting decorum should be adopted that would prohibit negative behawor, personal verbal attacks and other disruptive language/discussion Council should reqmre adherence to a written agenda and instruct members that this is not a forum for the ainng of complmnts I beheve that the aforementioned proposal will allow the stakeholders the opportumty to craft the ~nfrastructure necessary for the successful conclusmn in addressing this very ~mportant issue Upon adequate and agreeable determination of the tasks that are proposed, we can then beg~n the process of collecting the pertinent data, implementing a sound policy, training police personnel and educating the public on our complaint pohcies Additionally, I would propose that we gather a nnmmum of one (1) year of the commxtteeqdentlfied data before we attempt to evaluate the numbers After compilation of the data, I would propose that a third party should conduct a stat~stical analysis We could seek the assistance of the Umvers~ty of North Texas and/or Texas Woman's University who I believe would have the expertise/knowledge to perform such a study I have also included Senate Bill 1074, which was passed by the Texas Senate on Wednesday, April 3ra I believe ~t will go to the House floor ~n the very near future and gain approval Accordingly, ~t is provided for your reference Should Council adopt the proposal, the Denton Pohce Department stands ready to constructively participate ~n th~s mutually beneficial process OPTIONS 1 The Coanc~l can move forward with the appointment of a Racml Profihng Task Force and adopt the proposal as written 2 The Counml can move forward w~th the appmntment of a Racial Profihng Task Force and adopt the proposal with modification(s) 3 The Council can choose to delay appointment ora Ramal Profiling Task Force and g~ve staff further direction 4 The Councd can choose not to pursue the appointment of a Racml Profihng Task Force RECOMMENDATION: The decision to appoint a task force to examine racial profihng is within the authority of the City Council If Counml chooses to appointment a 2 task force or committee to study racial profiling, I strongly recommend that due consideration be given to the recommendations contained in this report and request the opportunity to actively participate with Council in this process PRIOR ACTION/REVIEW' No prior action regarding the appointment of a Racial Profiling Task Force has been taken FISCAL IMPACT. There is no ldentffiable fiscal ~mpact at this time However, dependent upon the scope of the study, financial resources may be necessary Respectfully submttted, Gary L Matheson Chief of Police Prepared by Gary L Matheson Chief of Pohce 77(R) SB 1074 Engrossed version - B,II Text http//rio2 tlc state tx us/cgi-bl &BILLSUFFIX=01074&VERSION=3&TYPE=B By West, et al S B No 1074 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the prevention of racial profiling by certain peace 1-3 officers 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS 1-5 SECTION 1 Chapter 2, Code of Criminal Procedure, is amended 1-6 by adding Articles 2 131 through 2 136 to read as follows 1-7 Art 2 131 RACIAL PROFILING PROHIBITED A peace officer 1-8 may not engage in racial profll~nq 1-9 Art 2 132 LAW ENFORCEMENT POLICY ON RACIAL PROFILING t-10 (a) In this article 1-11 (1) "Law enforcement agency" means an agency of the 1-12 state~ or of a county~ municipality, or other political subdivision 1-13 of the state, that employs peace officers who make traffic stops in 1-14 the routine performance of the officers' official duties 1-15 (2) "Race or ethnlclty" means of a particular descent, 1-16 including Caucaslan~ Afrlcan~ Hispanic, Asian, or Native American 1-17 descent 1-18 (b) Each law enforcement agency in this state shall adopt a 1-19 detailed written policy on racial profiling The policy must 1-20 (1) clearly define acts constituting racial profiling, 1-21 (2) strictly prohibit peace officers employed by the 1-22 agency from engaging in racial profiling, 1-23 (3) implement a process by which an individual may 1-24 file a complaint with the agency if the individual believes that a 1-25 peace officer employed by the agency has engaged in racial 2-1 profiling with respect to the individual, 2-2 (4) provide public education relating to the agency's 2-3 coDplalnt process, 2-4 (5) require appropriate corrective action to be taken 2-5 against a peace officer employed by the agency who~ after an 2-6 lnvestlgatlon~ is shown to have engaged in racial profiling in 2-7 violation of the agency's policy adopted under this article, 2-8 (6) require collection of information relating to 2-9 traffic stops in which a citation is issued and to arrests 2-10 resulting from those traffic stops, ~nctudlng information relating 2-11 to 2-12 (A) the race or ethnlclty of the individual 2-13 detained, and 2-14 (B) whether a search was conducted and, if so, 2-15 whether the person detained consented to the search, and 2-16 (7) require the agency to submit to the goYernlng body 2-17 of each county or municipality served by the agency an annual 2-18 report of the information collected under Subdivision (6) 2-19 (c) The data collected as a result of the report~n~ 2-20 requirements of this article shall not constitute prima fac~e 2-21 evidence of racial profiling 2-22 (d) On adoption of a policy under Subsection (b)~ a law 2-23 enforcement agen, cy shall examine the feasibility of lnstallln~ 2-24 v%deo camera and transmitter-activated equipment in each agenuy law 2-25 enforcement motor vehicle regularly used to make traffic stops and 2-26 t~ansmltter-act~vated equipment in each agency law enforcement 3-1 m~torcycle regularly used to make traffic stops If a law 3-2 enforcement agency installs video or audio equipment as p£ovlded by 3-3 this subsection, the policy adopted by the agency under Subsection 3-4 (b) must include standards for reviewing video and audio 3-5 documentation 3-6 (e) A report required under Subsection (b)(7) may not 3-7 include identifying information about a peace officer who m=kes a 3-8 traffic stop or about an individual who is stopped or arrested by a 3-9 peace officer This subsection does not affect the collection of 3-10 information as required by a policy under Subsection (b)(6) 3-11 Art 2 133 REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN 3-12 STOPS (a) In this article, "race or ethnlclty" has the meaning 1 of 5 4/5/01 9 18 AM 77(R) SB 1074Engrossedverslon-B~llText http//tlo2tlcstatetxus/cgl-b~ &BILLSUFFIX=01074&VERSION=3&TYPE=E 3-13 assigned by Article 2 132(a) 3-14 (b) A peace officer who stops a motor vehicle for an alleged 3-15 violation of a law or ordinance regulating traffic or who stops a 3-16 pedestrian for any suspected offense shall report to the law 3-17 enforcement agenc~ that employs the officer information relating to 3-18 the stop~ including 3-19 (1) a physical description of each person detained as 3-20 a result of the stop, including 3-21 (A) the person's gender, and 3-22 (B) the person's race or ethnlclty, as stated by 3-23 the person or~ if the person does not state the person's race or 3-24 ethnlclty, as determined by the officer to the best of the 3-25 officer's ability, 3-26 (2) the traffic law or ordinance alleged to have been 4-1 violated or the suspected offense, 4-2 (3) whether the officer conducted a search as a result 4-3 of the stop and~ if so, wb~ther the person detained consented to 4-4 the search, 4-5 (4} whether any contraband was discovered in the 4-6 course of the search and the type of contraband discovered, 4-7 (5) whether probable cause to search existed and the 4-8 facts supporting the existence of that probable cause, 4-9 (6) whether the officer made an arrest as a result of 4-10 the stop or the search, including a statement of the offense 4-11 charged, 4-12 (7) the street address or approximate location of the 4-13 stop, and 4-14 (8) whether the officer issued a warning or a citation 4-15 as a result of the stop~ including a description of the warning or 4-16 a statement of the violation charged 4-17 Art 2 134 COMPILATION AND ANALYSIS OF INFORMATION 4-18 COLLECTED (a) A law enforcement agency shall compile and analyze 4-19 the information contained in each report received by the agency 4-20 under Article 2 133 and, not later than March 1 of each year~ 4-21 submit a report containing the information compiled during tl~e 4-22 previous calendar year to the governing body of each county o= 4-23 municipality served by the agency in a manner approved by the 4-24 aqency 4-25 (b) A report required under Subsection (a) must include 4-26 (1) a comparative analysis of the information compiled 5-1 under Article 2 133 to 5-2 (A) determine the prevalence of racial profiling 5-3 by peace officers employed by the agency, and 5-4 (B) examine the disposition of traffic and 5-5 pedestrian stops made by officers employed by the agency, including 5-6 searches resulting from the stops, and 5-7 (2) information relating to each complaint filed with 5-8 the agency alleging that a peace officer employed by the agency has 5-9 engaged in racial profiling 5-10 (c) A report required under Subsection (a) may not include 5-11 identifying lnformatlon about a peace officer who makes a traffic 5-12 or pedestrIan stop or about an individual who is stopped or 5-13 arrested by a peace officer This subsection does not affect the 5-14 reporting of information required under Article 2 133(b)(1) 5-15 (d) The Commission on Law Enforcement Officer Standaads and 5-16 E~ucatlon shall develop guidelines for compiling and reporting 5-17 information as required by this article 5-18 (e) The data collected as a result of the reporting 5-19 requirements of this article shall not constitute prima facle 5-20 evidence of racial profiling 5-21 Art 2 135 EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO 5-22 EQUIPMENT (a) A peace officer is exempt from the reporting 5-23 requirement under Article 2 133 and a law enforcement agency is 5-24 exempt from the compllatlon~ analysis, and reporting requlreme~ts 5-25 under Artlcle 2 134 if, during the calendar year preceding the d=te 2 of 5 4/5/01 9 I8 AiX '~7(R) SB 1074Engrossedvers~on-B~llText http//tlo2tlcstatetxus/cg~-b~ &BILLSUFFIX--01074&VERSION=3&TYPE=~ 5-26 that a report under Article 2 134 is required to be submitted 6-1 (1) each law enforcement motor vehicle regularly used 6-2 by an officer employed by the agency to make traffic and pedestrian 6-3 stqps is equipped with video camera and transmitter-activated 6-4 eqqipment and each law enforcement motorcycle regularly used to 6-5 make traffic and pedestrian stops is equipped with 6-6 transmitter-activated equipment, and 6-7 (2) each traffic and pedestrian stop made by an 6-8 officer employed by the agency that is capable of being recorded by 6-9 video and audio or audio equipmentt as appropriate, is recorded by 6-10 using the equipment 6-11 (b) Except as otherwise provided by this subsectiont a law 6-12 enforcement agency that is exempt from the requirements under 6-13 Article 2 134 shall retain the video and audio or audio 6-14 documentation of each traffic and pedestrian stop for at least 90 6-15 days after the date of the stop If a complaint is filed with the 6-16 law enforcement agency alleging that a peace officer employed by 6-17 the agency has engaged in racial profilIng w~th respect to a 6-18 traffic or,pedestrian stopr the agency shall retain the vld=o and 6-19 audio or audio record of the stop until final disposition of the 6-20 complaint 6-21 (c) This article does not affect the collection or reporting 6-22 requirements under Article 2 132 6-23 Art 2 1351 AVAILABILITY OF FUNDING OR EQUIPMENT 6-24 (aI Notwithstanding Articles 2 133 and 2 134, the prov~olons of 6-25 those articles requiring respectively that peace officers report 6-26 certain information and that law enforcement agencies compile, 7-1 analyze, and submit reports on the bas~s of the reports submitted 7-2 by peace officers are mandatory only during a state fiscal year ~n 7-3 which 7-4 (1) the agency, for the purpose of equipping each 7-5 agency law enforcement motor vehicle and motorcycle with vldeu and 7-6 audio equipment as described by Article 2 135(a)(1), receives fro~ 7-7 the state 7-8 (A) funds under an appropriation or under a 7-9 grant or contract from a state agency, or 7-10 (B) video and audio equipment, and 7-11 (2) the comptroller certifies to the secretary of 7-12 state for publication in the Texas Register that the funds or the 7-13 equlpmentt as approprlatet are sufficient for the agency to 7-14 accomplish that purpose 7-15 (b) Subsection (a) does not prohibit the governing body of a 7-16 political subdivision served by a law enforcement agency from 7-17 requiring or permitting the agency and officers employed by the 7-18 agency to perform the duties enumerated in Articles 2 133 and 7-19 2 134 7-20 --Art 2 136 LIABILITY A peace officer ~s not liable for 7-21 damages arising from an act relating to the collection or repoItlng 7-22 of information as required by Article 2 133 or under a policy 7-23 adopted under Article 2 132 7-24 SECTION 2 Chapter 3, Code of Criminal Procedure, ~s amended 7-25 by adding Article 3 05 to read as follows 7-26 Art 3 05 RACIAL PROFILING In this code, "racial 8-1 profiling" means a law enforcement-initiated action based on an 8-2 individual's race, ethnlcity~ or national orlg~n rather than o~ the 8-3 ~ndlvldual's behavior or on information identifying the ~ndlvldual 8-4 aS having engaged in criminal activity 8-5 SECTION 3 Section 96 641, Education Code, is amended by 8-6 adding Subsection (3) to read as follows 8-7 (~) As part of the initial training and continuing education 8-8 for police chiefs required under this section, the institute shall 8-9 establish a program on racial profiling The program must lnclud= 8-10 an examination of the best practices for 8-11 (1) monitoring peace officers' compliance w~th laws 8-12 and internal agency policies relating to racial profiling, 3 of 5 4/5/01 9 18 A]~ T'(R) bB 1074Engrossedverslon-BlllText http//tlo2tlcstatetxus/cgl-b, &BILLSUFFIX--01074&VERSION=3&TYPE=B 8-13 (2) implementing laws and internal agency policies 8-14 re%ating to preventing racial profiling, and 8-15 (3) analyzing and reporting collected information 8-16 SECTION 4 Sectlon 1701 253, Occupations Code, is amended by 8-17 adding Subsection (e) to read as follows 8-18 (e) As part of the minimum curriculum requlrements~ the 8-19 comm~sslon shall establish a statewlde comprehensive education and 8-20 training program on racial profiling for officers licensed under 8-21 th~s chapter An officer shall complete a program established 8-22 un,er this subsection not later than the second anniversary of the 8-23 da~e the officer is llcensed under this chapter or the date the 8-24 officer applies for an ~ntermedlate proficiency certificate, 8-25 whichever date is earlier 8-26 SECTION 5 Section 1701 402, Occupations Code, is amended by 9-1 adding Subsection (d) to read as follows 9-2 (d) As a requirement for an intermediate proficiency 9-3 certlficate~ an officer must complete an education and training 9-4 pr0~ram~ on racial profiling established by the commission unde~ 9-5 Se~tlon 1701 253(e) 9-6 SECTION 6 Sectlon 543 202, Transportation Code, is amended 9-7 to read as follows 9-8 Sec 543 202 FORM OF RECORD (a) In this section, "race 9-9 or ethniclty" means of a particular descent~ including Caucasian, 9-10 Af~oan~ Hlspanlc~ Aslan~ or Native Amerlcan descent 9-11 (b) The record must be made on a form or by a data 9-12 processing method acceptable to the department and must include 9-13 (1) the name, address, physical description, including 9-14 race or ethnlclty, date of birth, and driver's license number of 9-15 the person charged, 9-16 (2) the registratlon number of the vehicle Involved, 9-17 (3) whether the vehicle was a commercial motor vehicle 9-18 as defined by Chapter 522 or was involved ~n transporting hazardous 9-19 materials, 9-20 (4) the person's social security number, ~f the person 9-21 was operating a commercial motor vehicle or was the holder of a 9-22 commercial driver's license or commercial dr~ver learner's permit, 9-23 (5) the date and nature of the offense, including 9-24 whether the offense was a serious traffic violation as defined by 9-25 Chapter 522, 9-26 (6) whether a search of the vehicle was conducted and 10-1 w~ether consent for the search was obtained, 10-2 (7) the plea, the judgment, and whether ball was 10-3 forfeited, 10-4 (8) [(7)] the date of conviction, and 10-5 (9) [(8)] the amount of the fine or forfeiture 10-6 SECTION 7 Not later than January 1, 2002, a law enforcement 10-7 agency shall adopt and implement a policy and beg~n collecting 10-8 information under the policy as required by Article 2 132, Code of 10-9 Criminal Procedure, as added by th~s Act A law enforcement agency 10-10 shall first submit information to the governing body of each county 10-11 or municipality served by the agency as required by Article 2 132, 10-12 Code of Criminal Procedure, as added by this Act, on March 1, 2003 10-13 The first submission of information shall consist of information 10-14 compiled by the agency during the period beginning January 1, 2002, 10-15 and ending December 31, 2002 10-16 SECTION 8 A law enforcement agency shall first submit 10-17 information to the governing body of each county or municipality 10-18 served by the agency as required by Article 2 134, Code of Crlmlnal 10-19 Procedure, as added by this Act, on March 1, 2004 The first 10-20 submission of information shall consist of ~nformatlon compiled by 10-21 the agency during the period beginning January 1, 2003, and ending 10-22 December 31, 2003 10-23 SECTION 9 Not later than January 1, 2002 10-24 (1) the Commlsslon on Law Enforcement Officer 10-25 Standards and Education shall establish an education and training 4 of 5 4/5/01 9 18 AM 77(R)SB 1074Engrossedvers~on-BfilText http//tlo2tlestatetxus/cg~-b~ &BILLSUFFIX=01074&VERSION=3&TYPE=£ 10-26 program on racial proflllng as required by Subsection (e), Section 11-1 1701 253, Occupations Code, as added by this Act, and 11-2 (2) the Blll Blackwood Law Enforcement Management 11-3 Institute of Texas shall establish a program on racial prof~llng as 11-4 required by Subsection (j), Section 96 641, Education Code, as 11-5 added by this Act 11-6 SECTION 10 A person who on the effective date of th~s Act 11-7 holds an lntermedlate proflc~ency certlflcate issued by the 11-8 Comm~sslon on Law Enforcement Officer Standards and Education or 11-9 has held a peace officer l~cense issued by the Commission on Law 11-10 Enforcement Officer Standards and Education for at least two years 11-11 shall complete an education and training program on racial 11-12 profiling established under Subsection (e), Section 1701 253, 11-13 Occupations Code, as added by this Act, not later than September 1, 11-14 2003 11-15 SECTION 11 An ~nd~vldual appointed or elected as a police 11-16 chief before the effective date of this Act shall complete a 11-17 program on racial profiling established under Subsection (]), 11-18 Section 96 641, Education Code, as added by th~s Act, not later 11-19 than September 1, 2003 11-20 SECTION 12 Th~s Act takes effect September 1, 2001 5 of 5 4/5/01 9 18 AI~ CITY OF DENTON 1- YEAR ACTION PLAN 2001 Program year Housing Park Facthttes Public Improvements Human Services for housing and community development Prepared for the U S Dept of Housing and Urban Development Submitted to Denton C~ty Council on Aprd 2001 www ca¥ofdentort corn ADA/EOE/ADEA TABLE OF CONTENTS A Summary of 2001 Action Plan 1 Introduction 1 2 Funding Summary 2 3 Local Match 2 4 Citizen Participation 2 5 Amendment to 2000-2005 Consolidated Plan 3 B 2001 Funding Sources 1 Summary 4 2 SF-424 Application - CDBG Funds 6 3 SF-424 Application - HOME Funds 7 C 2001 ProJects/Activities 1 Summary 8 1 CPD Listing of CDBG and HOME Proposed Projects 9 2 Other Resoumes Available 31 D CP Strategies and Proposed Projects 32 1 Housing Strategies 32 2 Continuum of Care Strategies 33 3 Lead-Based Pmnt Strategies 37 4 Human Services Strategies 37 5 Infrastructure & Public Facilities Strategies 38 6 Anti-Poverty & Economic Development Strategies 39 E 2001 ProposedProject Map 40 F Other Program Requirements 1 HOME - Forms of Investment 41 2 HOME - Tenant-Based Rental Assistance 41 3 Monitoring Standards and Procedures 42 G Certifications 43 H Minutes from Public Hearings 11/13/00, 12/7/00 48 I Amendment to the 2000-2005 Consolidated Plan 52 J CDAC M~nutes 2/8/01, 2/15/01,2/16/01, 3/13/01 59 K HSAC Minutes 1/22/01, 3/12/01 79 SUMMARY INTRODUCTION This document serves as the City of Denton's 2001 Actmn Plan for the Commtmlty Development Block Grant (CDBG) and HOME Investmem Partnership (HOME) Programs In accordance with 24 CFR Part 91 220 of T~tle I of the Housing and Community Developmem Act of 1974, as amended, the City of Denton ~s required to submit a One-Year Action Plan to the U S Department of Housing and Urban Development The plan outhnes the specific projects and services that will be funded dunng the 2001 program year to address Denton's strategies stated ~n the 2000-2005 Consohdated Plan Denton's 2000-2005 Consolidated Plan describes the mty's strategies and resources for the next five years creating a stronger lank between the needs an the mty, strategies and available resources Based on the needs analysis of the City of Denton, the following five year strategies were identified m 2001 year and are reaffirmed this year · Housing Strategies: Assistance to renters, owners, and homebuyers and the production of affordable umts, · Continuum of Care Strategies: Prevention, outreach, intake, assessment & referral, housing services (emergency shelter, transitional housing, permanent housing w and w/o supportive services), and support servmes, Leadl-Based Paint Strategies Education and reduction of lead-based paint hazardous to owners and homebuyers, · Human Services Strategies Development of additional chlldcare, Improvement &health care services, continue work with continuum of care planning committee, case coordination and information referral, support of growth strategy an community and continued allocation suppgrt to meet urgent needs, · Infrastructure Improvement Strategies: Improvements to streets, s~dewalks and water/sewer lanes, drainage ~mprovements, rehablhtatlon and expansion of public facilities, park improvements and demohtton of substandard structures, · Ant~,Poverty & Economic Development Strategy: Support trmmng and employment actlvltles, expand education opportumtles, support of section 3 goals, and support of start- up at3d expansion Industry Page 1 2001 FUNDING SUMMARY The C~ty of Denton ~s currently an entitlement c~ty for the Commumty Development Block Grant and HOME Investment Partnership Programs The C~ty of Denton's 2001 CDBG alloeatton is $1,133,968 (includes $18,968 m 2000 CDBG reallocated funds) The HOME allocation ~s $576,000 A total of $59,000 m program ~ncome ~s projected for the 2001 program year SF-424 apphcat~ons for Community Development Block Grant and the HOME Partnership Investment Program funds are on page 5 and 6, respectively The HOME program also reqmres a local match LOCAL MATCH The C~ty of Denton's local match for the HOME program ~s $129,600 The HOME program requtres a part~ctpat~ng jurisdiction to prowde a 25% match of the federal HOME funds The 25% match of federal HOME funds excludes administrative allowances of 10% The C~ty of Denton w~ll prowde the match from a variety of sources ~ncludmg the following I Federal Home Loan Bank funds awarded to the C~ty of Denton and the Denton Affordable Housing Corporation (DAHC) for home ownership assistance and home ~mprovement 2 Denton County Housing F~nance Corporattor~ and other non-federal funding awarded to DAHC 3 C~ty of Denton Impact Fee Grant Awards used to pay required ~mpact fees on HOME ehg~ble projects CITIZEN PARTICIPATION To ensure c~t~zen participation m the 2001 Action Plan process, the c~ty followed ~ts C~t~zen Participation Plan Pubhc hearings were held on November 13, 2000 and December 7, 2000 The pubhc hearings updated c~t~zens on the status of current programs and act~vlt~es and asked how the c~t~zens how they felt thc 2001 funds should be spent At least one of the pubhc hearings was held w~thln a low and moderate-tncome neighborhood Information on the pubhc hearing was developed m Enghsh and Spamsh and mmled out to neighborhood associations, serwce agencies and beneficiaries, c~ty council, Human Services Committee (HSC) and Commumty Development Adwsory Committee (CDAC) members, churches, contractors, participating lenders, ctt~zens who attended prewous pubhc hearings, and interested citizens Nottces were also sent to the local med~a and posted m recreation centers, hbrary, semor center and c~ty buildings Notices were also placed on the Commumty Bulletin Board - local cable station, the ctty's government channel and m the Denton l~eeord-Chromcle Commumty Serwces Staff also canvassed two low-~ncome neighborhoods w~th flyers Page 2 After the Actton Plan was drafted, advertisements were placed ~n the Denton Record-Chromcle summarizing the plan and announmng to the pubhc where the Action Plan was available for rewew, andl the process for submitting comments to the City of Denton The advertisements also included ~nfonnat~on on the upcoming pubhc hearing Notices were also ~ncluded ~n the quarterly Commumty Development Newsletter that ~s mmled to all agencies, apphcants, Realtors, partm~pat~ng lenders, committees, and c~ty employees All comments received from the public were addressed before submitting the plan to the U S Department of Housing and Urban Development To ensure citizen part~mpat~on at all stages of the 2001 Action Plan process, one pubhc heanng was scheduled on April 17, 2001 durtng a C~ty Council Meeting to g~ve ctt~zens the opportumty to comment on the 2001 proposed projects and act~vmes See Appendix H on page 48 for m~nutes of the pubhc hearings and responses to the comments AMENDMENT TO 2000-2005 CONSOLIDATED PLAN The City of Denton also made changes to the Continuum of Care Plan ~n the 2000-2005 Consohdated Plan The amended Continuum of Care Plan developed a joint strategy between the c~ttes of Denton and Lew~swlle See Appendix I on page 52 for the amended Continuum of Care Strategy Development of the combined Continuum of Care strategy came about after both Lew~svllle and Denton developed their ~nd~v~dual plans Both the Denton and Lew~svllle Continuum of Care Committees agreed that a jmnt plan would benefit the homeless and service prowders The committees agreed that resources from both commumt~es could be shared to bnng about more effective servtce delivery Page 3 2001 FUNDING SOURCES U S Department of Housing and Urban Development ENTITLEMENT GRANT (INCLUDES REALLOCATED FUNDS) CDBG $1,133,968 ESG $0 HOME $576,000 HOPWA $0 Total $1,709,968 PRIOR YEARS' PROGRAM INCOME NOT PREVIOUSLY PROGRAMMED OR REPORTED CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 REPROGRAMMED PRIOR YEARS' FUNDS CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 TOTAL ESTIMATED PROGRAM INCOME CDBG Loan Repayments $38,000 HOME Loan Repayments $21,000 Total $59,000 SECTION 108 LOAN GUARANTEE FUND $0 TOTAL FUNDING SOURCES $1,768,968 Page 4 2001 FUNDING SOURCES U S Department of Housing and Urban Development OTHER FUNDS SOURCES Local Contributions $15,100 Conventional Loans - DAHC $1,461,606 Denton County Housing F~nance Corp $30,000 Denton General Funds $11,000 ESG $34,000 FHLB of Dallas $100,000 Local Grants to Subremplents $99,000 Other Grants to Subreclp~ents $1,443 Program Income to Subreciplents $531,091 Special Events $17,000 United Way of Denton County $70,800 Total $2,355,940 SUBMITTED PROPOSED PROJECTS TOTALS $1,768,968 UN-SUBMITTED PROPOSED PROJECTS TOTALS $0 P~e5 Application for Federal Assistance 2 Date Submitted Applicant Identifier 06/15/01 756000514 1 Type of Submission 3 Date Received by State State Application Identifier Appltcabon Not Apphcable ~reapplicatlon Non - Construction 4 Date Received by Federal Agency Federal Identifier 5 Applicant Information Legal Name Organizational Unit City of Denton Community Services Diws~on Address Contact 100W Oak, Suite 208 Barbara L Ross Denton TX 76201 (940) 349-7235 Denton County 6 Employer Identification Number (EIN) 7 Type of Applicant 756000514 Mumc~pal 8 Type of Apphcaflon Type Contlnuabon 9 Name of Federal Agency U S Dept of Housing & Urban Development 10 Catalog of Federal Domestic Assistance Number 11 Descriptive Title of Applicant's Project Catalog Number 14-218 Housing rehabilitation emergency repair, park and street improvements, provision of public sen/ices, Assistance T~tle Community Development Block Grant homeownersh~p assistance and program adm~nstrat~on 12 Areas Affected by Project C~ty of Denton, Texas 13 Proposed Project 14 Congressional D~stncts of Start Date Start Date a Apphcant I b Project 08/01/01 07/31/02 26, 13, 4I 26, 13, 4 15 Estimated Funding 16 Is Apphcatlon Subject to Rewew by State Executive Order 12372 Process? a Federal $1,131 968 Review Status Program not covered b Applicant $o c State $o d Local 17 Is the Apphcant Dehnquent on Any Federal Debt? $o No e Other $o f Program Income $38 000 g Total $1 169,968 18 To the best of my knowledge and belief al~ data in th~s apphcat~on/preapphcation are true and correct, the document has been duly authorized by the governing body of the applicant and the apphcant w~ll comply with the attached assurances If the assistance is awarded a Typed Name of Authonzed Representative I b T~tle c Telephone Number Howard MartinI Intenm C~ty Manager (940) 349 8307 d Signature of Authorlzed Representative · Date Signed Page 6 Application for Federal Assistance 2 Date Submitted Apphcant Identifier 06/15/01 756000514 1 Type of Submission 3 Date Received by State State Applicabon Ident~fiar Appl~cabon Not Applicable 4 Date Received by Federal Agency Federal Identifier =reappllcatton Non - Construction 5 Applicant Information' Legal Name Orgamzat~onal Umt C~ty of Denton Community Services D~ws~on Addreas Contact 100W Oak, Suite 208 Barbara L Ross Denton, TX 76201 (940) 349-7235 Denton County 6 Employer Identificet~on Number (EIN) 7 Type of Apphcant 756000514 Mumc~pal 8 Type of Appl~ceflon Type Contmuabon 9 Name of FederalAgency U S Dept of Housing & Urban Development 10 Catalog of Federal Domestic Assistance Number 11 Descnptive Title of Applicant's Project Catalog Number 14-239 Housing rehabilitation, assistance to CHDO Asststance T~tle HOME Investment Partnership Program homeownersh~p assistance and program admlnstratlon 12 Areas Affected by Project C~ty of Denton Texas 13 Proposed Project 14 Congressional D~strlcts of Start Date I Statt Date a Appl,cant I b Project 08/01/01 07/31/02 26, 13, 4 26 13 4 15 Estimated Funding 16 Is Application Subject to Rewew by State Executive Order 12372 Process? a Federal $575,000 Rewew Status Program not covered b Apphcant $o c State $0 d Local 17 Is the Apphcant Delinquent on Any Federal Debt? $0 No e Other $0 f Program Income $21,000 g Total $ 596,000 18 To the best of my knowledge and bel ef all data m th~s applicat~on/preapplicatlon are true and correct the document has been duly authonzed by the governing body of the apphcant and the applicant w~ comp y w~th the attached assurances ~f the ass stance s awarded a Typed Name of Auth0r~zed Representative I b Title c Telephone Number Howard MartinI Interim C~ty Manager (940) 349-8307 d Signature of Authorized Representative e Date S~gned Page 7 2001 PROJECTS/ACTIVITIES SUMMARY TheCltyofDenton'stotal£ederalfundmg£or2001 1s$1,768,968 Program funds have been allocated to an array o£ projects and activities to benefit low and moderate-income households Each project is described in detail from pages 9 to 30 and is arranged by project number See the £ollowmg list o£ CDBG and HOME proposed projects and activities for their assigned project and page number Page/4 Project Name Amount I Project # 9 Adult Day Care of North Texas $4,000 13 10 AIDS Servmes of North Texas $15,000 14 11 Boys and Girls Club of Denton Co $12,600 l 5 12 CDBG AdmmtstraUon $233,694 1 13 DAHC Affordable Housing Opportumty $86,250 2 14 Denton C~ty County Day School Improvements $30,000 3 15 Denton Co MHMR (SIERRA) $9,000 16 16 East McKlnney Sidewalk $84,525 4 17 Emergency Repmr Program $45,000 5 18 Family Health Care, lnc $30,000 17 19 Fred Moore Project Fence, Security Light~ng & $111,000 6 20 HOME Administration $59,600 7 21 Home Improvement/ReconstrucUon Program $444,825 8 22 Homebuyer Assistance Program $444,824 9 23 HOPE, lnc $30,000 18 24 lnman Street Wastewater Improvement $32,000 10 25 lnterfmth M~nlstnes $17,250 19 26 MLK L~ght~ng Project $17,000 11 27 PARD ASAS/TRAC $17,000 20 28 PARD Kings K~ds Day Camp $19,800 21 29 PARD Owsley Summer Playground $12,600 22 30 Rental Rehabdttanon Program $10,000 12 2001 Total Funding Allocated to Projects $1,768,968 2001 Funding Available ($1,768,968) 2001 Unprogrammed Funds [ 0 Page 8 Page 9 O_mn o ~ 't' ~ ~. ~ o o ~8~ ~ · ~o E~ o o o ~ z z o~ - O~ ~ Page 12 Page 13 -r Page 17 0 o ~--' ~ c~° -8~ ~2 ~E ~ Page 18 O0 ~0 o ~ -~o~ ~ooO~ ~ 8 ~ Page 24 000000 0 Page 26 OTHER RESOURCES AVAILABLE Also, dunng thc 2001 program year, thc City of Denton plans to undertake additional acttwt~es/prpgrams to address local objectives and strategies using Commumty Development Block Grant funds land C~ty of Denton General Fund dollars The Human Servmes Committee has recommended funding the following human servmes program It ~s recommended that these act~wt~es be funded through the Denton's general fund budget C~ty Council wall consider approval of the following recommendatmns ~n September 2001 Category /IAgency I General Funds ] Other Funds Aging Serwces RSVP $7,400 $217,042 SPAN, Inc $29,000 $2,163,733 Fmrhaven Retirement Home $7,500 $0 Emergency Servmes Commuraty Food Center $3,000 $22,610 Salvation Army $15,000 $448,463 Specml Needs Services Adult Day Care of North Texas $11,000 $0 Youth, Children & Family Services Court Appointed Specml Advocates, Demon Co $8,000 $291,861 Denton Christian Preschool $30,000 $315,885 Denton C~ty Co Day School $35,000 $217,827 Denton County Friends of the Famdy $36,000 $1,610,931 Denton Co MHMR (ASAP Program) $14,000 $0 Denton Family Resoume Center $7,650 $122,944 Fred Moore Day Nursery School $38,000 $272,657 S~ckle Cell D~sease Assoc $4,500 $325,825 Information & Referral HelpNET $22,500 $60,025 Total $268,55~0 $5,621,340 Pago 31 STRATEGIES & PROPOSED PROJECTS The C~ty of Denton's 2001 funding has been allocated to programs and act~wtles that meet objectives stated in Denton's five-year strategic plan Following is the hst of the five-year strategies and proposed outcomes stated m the Consohdated Plan and proposed projects and activities that will be undertaken to meet those strategies 5~yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Act~wtles RENTAL HOUSING STRATEGIES Increase the number of units of 1)No net loss In the number of Support of Denton rental assistance available to umts of assistance available from Housing Authority Denton c~tizens DHA 2) Collaborative efforts between DHA and the City of Denton to increase available rental subsidies Encourage the development of self- Imtial program objecttves would HOPE, Ine sufficiency programs that move be to move 3 to 5 households per Interfaith Ministries households off rental subsidies year off rental assistance or other public assistance programs, approximately 20 households over the five-year period Encourage and support the Rehabilitation of 4 to 5 rental umts Rental Rehabilitation rehablhtatlon of substandard umts per year Approxtmately 25 units Program m the c~ty over the five-year period Encourage and support the Production of 50 additional Denton Affordable construction of additional affordable rental units each year, Housing Corp affordable rental units 250 over the five-year period Encourage and assist low~income See Homeownershlp strategy Homebuyer Assistance renters m Denton to become Program and Denton homeowners Affordable Housing Corp - Affordable Housing Opportunity Program Page 32 5-yr Consohdated Plan 5-yr Consolidated Plan l-yr Action Plan Strategy Outcome Measures Proposed Act~vmes OWNER-OCCUPIED HOUSING STRATEGIES Educate the community regarding Attendance at classes by 10 Home Improvement budgetlng~ home maintenance, homeowners each year of the five- Program, Homebuyer saving for major repmrs and home year period for a total of 50 Assistance Program and cleaning practices homeowners Homeownershlp classes Assist low and moderate-income Average of 15 emergency repairs Emergency Repair households with emergency each year of the five-year period Program housing repairs and weatherlzatlon for a total of 75 repairs Encourage low and moderate- Average of 7 umts wall be brought Home Improvement ~ncome homeowners to mmntam up to C~ty of Denton bmldlng code Program their umts up to current City of standards on an annual bas~s This Denton code standards wall ~nclude renovated and reconstructed umts Approximately 35 loans will be provided over the five-year period HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS Educate commumty regarding 150-200 households participating Homebuyer Assistance homeownersh~p opportunmes and in homeownershlp classes each Program and respons~bd~t~es year of the five-year period Homeownersh~p classes Encourage homeownershlp among Move 60 Denton renter households Homebuyer Assistance Denton's low and moderateqncome to homeownersh~p each year of the Program and DAHC's renter households five-year period Affordable Housing Opportumty Program Encourage and support production Construction of an average of 15 Denton Affordable of affordable umts units per year over the five-year Housing Corp period for an estimated total of 75 new units CONTINUUM OF CARE STRATEGIES - PREVENTION Decrease the number of persons By the third year, prowde Consumer Credit erected from rental umts or educatmn to 100% of households Counsehng, Homebuyer defaulting on mortgages rece~vtng housing assistance Assistance Program, DAHC's AHOP program, HOPE Inc and Homeownersh~p classes Page 33 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Support funding targeted toward Fund an additional $50,000 00 in Interfaith Ministries, assistance with rental and utility combined rental and utlhty HOPE Inc, Salvation deposits deposits Army, AIDS Services of North Texas Support the Denton Housing Funding partnerships will be Support of Denton Authorlty's requests for increased developed with the local housing Housing Authority subsidies and Section 8 rental authority in order to provide assistance vouchers, and increase additional subsidies and affordable the number of vouchers allocated to housing units residents CONTINUUM OF CARE STRATEGIES - OUTREACH Increased coordination of available Add at least 15 organizations to HelpNET, and services to make access to services the existing service coordination Continuum of Care more efficient and to address gaps system Planning Committee in services Insure that agencies serving Train staff from participating HelpNET and Continuum homeless hh's are educated on agencies on the service of Care Planning available services and taking part in coordination system Committee the coordinated efforts Coordinate funding partnerships to Partnerships will be created to Continuum of Care better provide coordinated services increase funding by 50% for Planning Committee and to foster collaborative efforts services provided to homeless households CONTINUUM OF CARE STRATEGIES - INTAKE, ASSESSMENT & REFERRAL Improve Intake, assessment and Add an additional 15 agencies to H, elpNET and Continuum referral to expedite provision of the service coordination system of Care Planning assistance and provide a central repository of Committee information for improved coordination and intake Improve intake, assessment and Add an additional 15 agencies to HelpNET and Continuum referral to expedite provision of the existing service coordination of Care Planning assistance system and link each of these Committee agencies with existing database Page 34 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - EMERGENCY SHELTER Facihtate the development of Develop and open an emergency Continuum of Care increased shelter space for families shelter by June 2005 Planning Committee and pregnant women Work with existing agenctes and Increase assistance to families Continuum of Care public officials to determine needing shelter for 5 days to 30 Planmng Committee alternative methods to assist days Investigate bnngtng short- households who have exceeded term family units to the available shelter tenure commumty Investigate an emergency shelter Determine whether a youth shelter Continuum of Care for youth and the legal should be created in Denton and Planning Committee ramifications of such a shelter investigate funding soumes, legal barriers, and potential providers CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - TRANSITIONAL HOUSING Increase transitional housing for Assist a minimum of 20 addit~onal HOPE, Inc, AIDS homeless households uath special families over the five years 75% Services of North Texas, needs of total homeless famlhes and Christian receiving transitional housing will Community Action come from target special needs population Develop affordable transltlonal An add~tiona120 trans~ttonal HOPE, Inc, Denton housing units for homeless housing umts will be developed Affordable Housing households through the joint effort Corp, Denton County Friends of the Famdy, ahd Christian Commumty Action CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/O SUPPORTIVE SERVICES Support and advocate for local Committee representatives will Continuum of Care pubhc pohcles to support affordable i make at least 3 presentations per Planning Committee housing and land acquisition year to city officials, local electorate and community leaders regarding affordable housing Page 35 5-yr Consohdated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Continue to develop affordable Construct or develop of an average Habitat for Humamty, houstng and more approprmte of 25 umts per year over the five- Denton Affordable housing for homeless households year period for an estimated total Housing Corp, of 125 new umts Homebuyer Assxstance Program and Chnstmn Commumty Action CONTINUUM OF CARE STRATEGIES - HOUSING SERVICES - PERMANENT HOUSING W/SUPPORTIVE SERVICES Continue to develop permanent Create at least 15 new permanent Denton Affordable supportive housing units for supportive housing umts for Housing Corp homeless households w~th specml homeless households w~th spemal needs needs CONTINUUM OF CARE STRATEGIES - SUPPORT SERVICES Continue expansion of serwce An addtt~onal 15 servme prowders HelpNET and Continuum coordmatton and collaboranon wall be added to the servme of Care Planmng among prowders to assist chents coordtnatlon computer network, Committee toward mmntatmng self- ~nclud~ng a rmmmum of 5 ~n suffimency Lew~swlle Expand affordable, quahty daycare Additional chddcare slots for Fred Moore Day for homeless households homeless households will be Nursery, C~ty County avadable Day School, Denton Christian Preschool and Chdd Care Management System Promote affordable health care and An ~ncrease ~n pubhc-pnvate Continuum of Care health educatton for umnsured and partnerships wall take place Planmng Committee and undennsured homeless households Human Servme Adwsory Committee Advocate for ~mproved The Conttnuum of Care Contmuurn of Care transportation to meet the needs of Commtttee wtll make Planmng Committee homeless households recommendattons to pubhc officials for ~mprovement ~n , transportation system Page 36 5-yr,Consolidated Plan 5-yr Consolidated Plan l-yr Action Plan , Strategy Outcome Measures Proposed Act~wtles LEAD-BASED PAINT STRATEGIES Educate owners/first-time 150 -200 households participating Home Improvement and homebuyers on hazards and safe in the successful homeownershlp Homebuyer Assistance handling of lead-based paint workshops each year of the five- Programs year period Reduce Lead-Based Paint Hazards Average of 50 units annually will Home Improvement and residential units receive lead-based paint reduction Homebuyer Assistance work and clearances Programs HUMAN SERVICES STRATEGIES Explore various options for the Evidence of additional child care Human Services development of additional chddcare opportunities, Implementation of Advisory Committee, available to low-income voucher program or increase in United Way, CCMS, households current assistance levels, and Fred Moore Day School, Number of public-private Denton Christian collaborations that take place Preschool, North Central Texas Workforce Board and City County Day Nursery Improve health care services Number of pubhc-pnvate Human Services available to low-income collaborations that take place Advisory Committee, households Information describing Family Health Cares, effectiveness of the program in United Way and Flow Denton and Denton County Foundation Positive response from local physmlans and an increase in physmlan providing services to Medmmd-ellgible households HSAC to work with the Continuum Not Applicable Continuum of Care of Care Planning Committee to Planning Committee focus on programs benefiting persons who are homeless or potentially homeless P~e37 5-yr Consolidated Plan 5~yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Discuss and implement a strategy to Not Applicable HelpNET and Human expand the current system of case Services Advisory coordination and centralize Committee information among service providers ~nclud~ng but not limited to - emergency financial services, housing services and health care Support a growth strategy that Not Applicable City of Denton and Includes human services as an Human Services essential part of the community's Advisory Committee infrastructure During the five-year period, HSAC will recommend moving to a human services general fund set aside that is at least 1% of the total general fund budget AIDS Services, Boys and Girls Club of North Texas, Denton County MHMR, Fairhaven Homemaker Services, Family Health Center, HOPE Inc, Interfaith Ministries, PARD Continue allocation of scare ASAS/TRAC scholarships - Owsley Summer Playground resources to meet urgent Program - King's Kids Day Camp, RSVP, SPAN Inc, commumty needs as identified Community Food Center, Salvation Army, Court Appointed through a community assessment Special Advocates, Denton City County Day Nursery, Denton process County Friends of the Family, Demon Family Resource Center, Fred Moore Day Nursery School, Sickle Cell Disease Assoc, Denton Christian Preschool, Adult Day Care and HelpNET INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES Street paving and repaying, 21,000 square yards of paving Not apphcable this year installation of curb and gutter and/or repaying completed Installation of new sidewalks and Installation of 2,325 square yards East MeKlnney replacement sidewalks of new sidewalks Sidewalks (Frame to Bradshaw) Installation of water and sewer Installation of 200 feet of new Inman St Wastewater lines Connection of residential sewer and 2,000 feet of new water , Project units to services lines over the 5-year period Page 38 5~yr Consolidated Plan 5-yr Consohdated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Installation of drmnage E~ght to ten res~denttal proper~tes Not applicable th~s year improvements removing residential no longer designated as being in areas from floodplain the flood plato Rehabilitation and expansion of Improvements to 2 or more public Denton C~ty County Day public services faclht~es serwce facilities that enhance School Improvements servmes to low/mod clientele and MLK L~ghttng ProJect Improve and/or expand park Improvements to 2 park facthtles Fred Moore facilities including open space, by 2005 Improvements Fence, playground and other recreational Restroom, and Security faclhtles Lights DEMOLITION STRATEGIES Continue to demohsh substandard To demohsh 35 structures dunng Demolition Program buildings to improve the the five-year period appearance and safety of neighborhoods ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES Support tra~mng and expand Observe a measurable increase in Support to North Texas trammg and employment act~wt~es the number of poverty and low- Human Resource Group targeted to poverty and very Iow- raceme households who achieve income households self-suffic~ency Expand educational opportumt~es Feedback lndmat~ng ~nformatmn HOPE Inc, Denton for those seeking transitional : was disseminated 25-35 hh (over Affordable Housing housing or other housing support 5 years) in transitional prog Corp, and Support of services receive counseling services Consumer Credit Counsehng Encourage Isupport of Section 3 Over the five-year period 25+ Inman St Wastewater goals by local contractors ~nd~wduals hired for projects by Project, E McK~nney private contractors Sidewalk, Fred Moore Park Improvements, MLK Lighting ProJect, and DCCD School Improvements Encourage start-up and expansion Loan assistance to 25 of mince/cottage ~ndustnes m~crobuslnesses over the five-year supporting very low~raceme hhs period Page 39 2001 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts 2001 Prolects and Activities 1 Adult Day Care of North Texas 7 Family Health Care, Inc 2 AIDS Services of North Texas 8 Fred Moore Park Improvements 3 Boys and Girls Club of Demon Co 9 MLK Lighting ProJect PARD Owsley Summer Playground PARD ASAS/TRAC 4 Denton City County Day School Project PARD Kings Kids Day Camp 5 Denton Co MHMR (SIERRA) 10 Inman Street Wastewater ProJect 6 East McKmney Sidewalk Commumty-Wlde Activities · DAHC - Affordable Housing Program · Homebuyer Assistance Program · CDBG and HOME Admlmstrat~on · HOPE, Inc · Denton Co MHMR/ASAP Program · Interfaith Ministries · Emergency Repair Program · Rental Rehabilitation Program · Home Improvement Program · PARD ASAS Scholarships Page 40 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM FORMS OF INVESTMENT The City og Deuton, through the Homebuyers Assistance (HAP) wdl provide subsidies to low- mcome homebuyers Under each program the maximum HOME substdy wtll be $14,900 This amount lncludes all lnvestment that enables the famdy to purchase the umt Thls sets up a 5, lOor 15-year recapture period for all homebuyers The subsidy is provided as a 5, 10 or 15 year deferred forgivable loan The borrower agrees to occupy the property as his/her primary residence for the term of the loan from the execution date of the promissory note and deed of trust The borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in a timely manner In the event the borrower comphes w~th the terms of the promissory note, deed of trust, and the HAP Program, the City of Denton agrees to release the maker ofthe note from payment ofthe loan Upon the borrower's failure to carry out the agreement and program requirements the entire amount of the loan will be due and payable in full immediately from net proceeds* Recaptured funds from the HAP Program will be used to assist other first-time homebuyers Funding agreements and/or contracts with community housing development corporations and/or subrempleuts will include a requirement that the orgamzat~on comply w~th HOME regulatmns tn regard to continued affordabdlty of assisted umts There are no other forms of investment that are not described m {}92 205(b) by the City of Denton *Net proceeds - defined as the sale price minus loan repayment and closing costs TENANT BASED RENTAL ASSISTANCE The City of Deuton's Tenant-Based Rental Assistance Program (TBRA) has been developed to assist very low-income households in obtaining safe, sanitary housing According to the 2000 Consohdated Plan for Housmg and Community Development, 54% of renters are very low income The Plan also states that them are 491 very low-income households on waiting hsts for Section 8 subsidies om subsidized housing umts The elderly population in Denton has increased by 29% since 1980 About 40% of the elderly tn Denton are ~mnters More than 65% have incomes at or below 50% of the area median income Housing studies ~nd~cate that there ~s adequate housing for middle and upper income elderly However, service providers state a need for add~tlonal housing that ts within the reach of low and very lowqncome elderly Support services, designed to allow the elderly to remmn independent, are needed as a supplement to the housing assistance Page 41 Information provided by citizens at a December 1997 pubhc heanng ~ndmated a need for rental assistance targeted to persons w~th dtsabd~txes C~t~zens noted that there was no assistance available and that the wmtmg hst for Section 8 assistance was extremely long The ~nformatxon discussed ~n the 2000-2005 Consohdated Plan concemmg the need for affordable rental housing for the elderly and cmzen requests for assistance for persons w~th d~sabfl~t~es has led the C~ty of Denton to adopt a Tenant Selectxon Pohcy Th~s pohcy will be used to determine appropriate partm~pants under the C~ty's Tenant-Based Rental Assistance program TBRA ~s an essential element of Denton's Consohdated Plan and will serve to expand the supply of affordable, decent, safe and sanitary housing for very lowqncome households MONITORING STANDARDS AND PROCEDURES The C~ty of Denton will complete an annual comparison of the objectives stated ~n the 5-year Consohdated Plan with actual accomphshments Based on the comparison the City of Denton wall consider making any changes or updates to the 5-year Consohdated Plan The City of Denton provides CDBG, HOME and General funds to several non-profits agencies and departments providing supportive serwces The C~ty's Human Servmes Coordinator momtors agencies on a dmly bas~s Each year agency staff ~s provided with tralmng on financial procedures and data collectlon Agency staff ~s prowded with appropriate Federal gmdehnes and OMB c~rculars to ensure that they have access to pertinent mformat~on Agenmes are reqmred to provide quarterly beneficmry and financial reports A year-end report ~s reqmred to detml annual expenditures, benefimary lnformatmn, ftmd~ng sources and major accomphshments Each year, the Human Services Coordinator completes a risk analys~s based on estabhshed criteria On-s~te momtormg v~s~t are completed on all "h~gh risk" orgamzat~ons The on-s~te monitoring includes a rewew of chent files, financml and accounting records, and procurement procedures Independent audits are also submitted and reviewed by the City staff A similar process ~s also followed to momtor the Denton Affordable Housing Corporation, a certified CHDO The Cxty's Commumty Development Administrator with the help of the Coordinator momtors the CHDO on a regular bas~s to ensure that the non-profit ~s meeting HOME regulations Programs and projects carried out by the City are momtored dady Staff ma~ntmns checklists on lndiwdual projects to ensure that all reqmred procedures have been completed The Housing Rehabd~tatton Staff maintains records on all rehabthtat~on projects The Commumty Development Coordinator mmntatns records for the Homebuyer Assistance Program and the Adm~mstrator malntmns records on pubhc ~nfrastmcture projects The Adm~mstrator reviews and certffies all apphcat~ons prior to prowslon of assistance A year-end report that details expenditures, revenue, beneficiary information and major accomplishments is also reqmred from all City programs and projects P~e42 CERTIFICATIONS In accordance with the apphcable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that Affirmatively Further Fair Housing -- The jurisdiction will affirmat~vely further fair housing, whlch means it will conduct an analysis of impediments to fmr housing choice within the.lur~sthctlon, take appropriate actions to overcome the effects &any impediments tdentffied through that analysis, and maintain records reflecting that analysis and actions m this regard Anti-displacement and Reloeatmn Plan -- It will comply w~th the acqms[tton and relocation reqmrements of the Uniform Relocation Assistance and Real Property Acqmsttlon Pohc~es Act of 1970, as amended, and implementing regulatmns at 49 CFR 24, and it has in effect and is following a restdentml antlthsplacement and relocation assistance plan required under section 104(d) of the Housing and Commumty Development Act of 1974 as amended, in connection with any activity assisted with funding under the CDBG or HOME programs Drug Free Workplace -- It will or will continue to prowde a drug-free workplace by Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ora controlled substance is prohibited m the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition, 2 Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse m the workplace, (b) The grantee's pohcy of maintaining a drug-free workplace, (c) Any available drug counsehng, rehabthtatton, and employee ass;stance programs, and (d) The penalties that may be ~mposed upon employees for drug abuse wolatmns occurring in the workplace, 3 Making it a requirement that each employee to be engaged ;n the performance &the grant be g~ven a copy of the statement required by paragraph 1, 4 Notifying the employee in the statement reqmred by paragraph I that, as a conthtion of employment under the grant, the employee will - (a) Abide by the terms of the statement, and (b) Not~fy the employer In writing of h;s or her conviction for a violation of a criminal drag statute occurring in the workplace no later than five calendar days after such convict~on, 5 Notify~ng the agency m writing, w~thm ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise racelwng actual notice ofsuch conwctlon Employers of convlcted employees must proytde notice, including position title, to every grant officer or other designee on whose grant actzvtty the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices Notice shall include the ldentffication number(s) of each affected grant, 6 Taking one of the following actions, withm 30 calendar days ofrecelwng notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehablhtat~on Act of 1973 as amended, or Page 43 (b) Reqmrmg such employee to participate satisfactorily m a drug abuse assistance or rehabdltat[on program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency, 7 Making a good froth effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6 Anti-Lobbying -- To the best of the jur~sthct~on's knowledge and bebef No Federal appropriated funds have been paid or wall be paid, by or on behalf of ~t, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress ~n connection w~th the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entenng ~nto of any cooperative agreement, and the extension, cont~nuatmn, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, 2 If any funds other than Federal approprmted funds have been paid or w~ll be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress m connection w~th th~s Federal contract, grant, loan, or cooperative agreement, it wdl complete and submit Standard Form-LLL, "Dtsclosure Form to Report Lobbying," m accordance with its instructions, and 3 It will reqmre that the language of paragraph (n) ofth~s certfficat~on be included m the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrec~p~ents shall certify and dtsclose accordingly Authority of Jurisdiction -- The consohdated plan ~s authorized under State and local law (as applicable) and the junsdmtlon possesses the legal authority to carry out the programs for which It ~s seeking funding, m accordance wah applicable HUD regulatmns Consistency with Plan -- The housing act~wt~es to be undertaken w~th CDBG, HOME, ESG, and HOPWA funds are consistent with the strategm plan Section 3 -- It wdl comply with section 3 of the Housing and Urban Development Act of 1968, and Implementing regulations at 24 CFR Part 135 Signature of Authorizing Official Date Howard Martm~ Interim City Manager Title of Authorized Official Specific CDBG Certifications The Entitlement Commumty cemfies that C~t~zen Participation -- It ts In full compliance and following a detailed citizen partm~pat~on plan that satisfies the requirements of 24 CFR 91 105 Community Development Plan -- Its consohdated housing and commumty development plan ~denttfies commumty development and housing needs and specifies both short-term and long-term commumty development objectives that provide decent housing, expand economm opportunities pnmardy for persons of low and moderate income (See CFR 24 570 2 and CFR 24 part 570 ) Following a Plan -- It ~s following a current consobdated plan (or Comprehensive Housing Affordabfl~ty Strategy) that has been approved by HUD Use of Funds -- It has comphed wah the following cnterm Page 44 Maximum Feasible Priority With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities that benefit low and moderate income famlhes or aid m the prevention or ehmmatlon of slums or bhght The Action Plan may also Include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resoumes are not avadable), 2 Overall Benefit The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2001 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for actlvmes that benefit such persons during the designated period, 3 Special Assessments It wdl not attempt to recover any capital costs of pubhc improvements assisted w~th CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements However, if CDBG funds are used to pay the proportion ora fee or assessment that relates to the capital costs ofpubhc improvements (assisted in part w~th CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the pubhc improvements financed by a source other than CDBG funds The jurisdiction will not attempt to recover any capital costs ofpubhc improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of pubhc improvements financed from other revanue sources In th~s case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds Also, in the case of properties owned and occupied by moderate-income (not low-income) famdles, an assessment or charge may be made against the property for pubhc improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment Excessive Force -- It has adopted and ~s enforcing A policy prohibiting the use ofexcesslve force by law enforcement agencies within its jurisdiction against any individuals engaged m non-violent civil rights demonstrations, and 2 A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction, CompllaneelWtth Antl-dlscrlminatlon Laws -- The grant will be conducted and administered ~n conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations Lead-Basedl Paint -- Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR § 570 608, Comphance with Laws -- It will comply with applicable laws Signature of Authorizing Official Date Howard Mgrtln~ Interim City Manager Title of Authorized Official Page 45 Specific HOME Certifications The HOME participating jurisdiction certifies that Tenant Based Rental Assistance -- If the participating jurisdiction ~ntends to provide tenant-based rental assistance The use of HOME funds for tenant-based rental assistance is an essential element of the partic~patmg Jurisd~ction's consolidated plan for expanding the supply, affordabdity, and availability of decent, safe, sanitary, and affordable housing Eligible Activities and Costs -- It is using and w~ll use HOME funds for ehg~ble activities and costs, as described in 24 CFR § 92 205 through 92 209 and that it is not using and will not use HOME funds for prohibited activities, as described m §92214 Appropriate Financial Assistance -- Before committing any funds to a proJect, it will evaluate the proJect in accordance with the guidelines that it adopts for th~s purpose and will not invest any more HOME funds in combination with other Federal assistance than ~s necessary to provide affordable housing Signature of Authorizing Official Date Howard Martin, Interim C~ty Manager Title of Authorized Officml APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS A Lobbying Certification This cert~fication ~s a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification ts a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U S Code Any person who fails to file the requu'ed certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure B Drug-Free Workplace Certification By signing and/or submitting tMs application or grant agreement, the grantee is providing the certification 2 The certification ~s a material representation of fact upon which rehance is placed when the agency awards the grant lfit Is later determined that the grantee knowingly rendered a false certification, or otherwise vxolates the requirements of the Drug-Free Workplace Act, HUD~ in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act 3 For grantees other than mdiwduals, Alternate I applies (This is the reformation to which,tunsdictions certl0/) 4 For grantees who are md/wduals, Alternate I1 apphes (Not apphcable jurisdictions ) 5 Workplaces under grants, for grantees other than mdtvlduals, need not be identified on the cemfication If known, they may be ident~fied m the grant apphcation If the grantee does not ~dent~fy the workplaces at the time of appheatlon, or upon award, if there ~s no application, the grantee must keep the identity of the workplace(s) on file m its office and make the information avmlable for Federal inspection Fadure to Mentlfy all known workplaces constitutes a violation of the grantee's drug-free workplace requirements 6 Workplace Mentificatlons must include the actual address of buildings (or parts of braidings) or other Page 46 sites where work under the grant takes place Categorical descriptions may be used (e g, all vehicles ora mass transit authority or State highway department while m operatmn, State employees m each local unemployment office, performers m concert halls or radio stations) 7 If the workplace identified to the agency changes during the performance of the grant, the grantee shall reform the agency of the change(s), ff It prewously identified the workplaces m quesnon (see paragraph five) 8 The grantee may insert m the space provided below the s~te(s) for the performance of work done tn connection w~th the specific grant Place of Performance (Street address, cay, county, state, zip code) Commumty Development Office, 100 West Oak, State 208, Denton Cay and County Texas 76201 Check __ if there are workplaces on file that are not Identified here, The cemficatlon w~th regard to the drug-free workplace reqmmd by 24 CFR part 24, subpart F 9 Definmons of terms m the Nonprocurement Suspension and Debarment common role and Drag-Free Workplace common rule apply to this certfficat~on Grantees' attention is called, in particular, to the following definitions from these rules "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U S C 812) and as further defined by regulation (21 CFR 1308 11 through 1308 15), "Conwction" means a finding of guilt (including a plea of nolo contendere) or lmposmon of sentence, or both, by any judicial body charged with the responslbd~ty to determine wolat~ons of the Federal or State criminal drug statutes, "Crlmlnal drug statute" means a Federal or non-Federal criminal statute mvolwng the manufacture, d~stnbutlon, dispensing, use, or possession of any controlled substance, "Employee" means the employee ora grantee d~rectly engaged m the performance of work under a grant, including (0 All "direct charge" employees, (n) all "indirect charge" employees unless their impact or involvement is mstgmficant to the performance of the grant, and (m) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll This definition does not ~nclude workers not on the payroll of the grantee (e g, volunteers, even ffused to meet a matching reqmrement, consultants or independent contractors not on the grantee's payroll, or employees of subreclpients or subcontractors in covered workplaces) P~e47 Pubhc Hearing Minutes MLK Jr. Recreation Center November 13, 2000 Attendees Lllhan Mouturi Harry Bell Dorothy Minter Charlye Hegglns Ruby Cole Mae Nell Shephard Willie B Henderson Sondra Ferstl Peggy Fox Luther McDade Ken Ferstl Alma Clark Margaret Tdlman Sarah Parker Sue Williams Alonzo Bell Veronica Avinca Shen McDade Lorame Fowler Pererma Washington Beatrice Clay Carolyn J Phillips Carrie Lawson Wallace L Duvall Edward Touralne Marcos J V~zcarra Martha Guerra Willie Taylor Louis Clay Clara Richard John Clay D Jorge Urblna Carol Brantley Harold Williams Ava L Washington Christine McAdams Debra Shepherd Billy Redmon Raymond Redmon Ahcia Gober Billy Brasfield Ms Ross opened the meeting by introducing staff and committee members who were present Community Development Advisory Committee members present included Jorge Urblna, Peggy Fox, Harry Bell and Sondra Ferstl, Human Services Advisory Committee members included Chair- Wallace Duvall, Mae Nell Shephard and Carol Brantley, Staff present - Lmsa Rodnguez-Garcla, Dan Leal, Jim Coulter, Cleo Blrckbichler, Brad Curtis, Barbara Ross Ms Ross reviewed activities that took place during the 1998 - '99 program years Ms Rodnguez-Garcia explained the purpose of the "Citizen's Guide" and asked attendees to complete the "Community Development Funding Survey" and return it to the Community Servlces office Staff asked for input concerning how to spend approximately $1,691,000 ~n EDBG and HOME funding for the 2001-program year (August 1, 2001 - July 31, 2002) The citizens proposed the following projects · Commit additional funding to the senior center on Lakey Street to ensure that it is an adequate facility and serves the needs of the nelghborhood's seniors · Construct a street from Morse through to the Wlllowcreek area · Construct a sidewalk from Morse through to Wlllowcreek · Develop bike/walk lanes along Morse Street · Street improvements - Duncan, Kerley, Crawford, Bradshaw, Wood, Hickory · Street improvements - Johnson Street (west off Dallas Drive) · Street improvements - Bell extension between Robertson and Prairie Street Page 48 · Street Improvements - Elm Street (downtown) · Traffic signal - Turn arrows at Bell and Prairie · Traffic signal - Traffic light at Dallas Drive and Simmons Street · Drainage problems - East Oak and Crawford, East Hickory and Crawford, Wlllowcreek at Scott & Kerley, Robertson near Cook Street and Mt Pilgrim CME Church Carolyn Phillips asked about programs to develop self-improvement or empowermem as it relates to credit problems Ms Ross noted that the City had the ab~hty to obtain one-on-one assistance for households experiencing credit problems Ms Phillips suggested that the assistance be more sensitive to the commumty's needs She felt that perhaps it should be offered in the neighborhood Staff members agreed that this could probably be provided without use of program funding but through the current homebuyer training structure that Includes sponsorships of training by local lenders, realtors and title companies Ms Phillips also suggested a youth entrepreneurshlp program to educate local youth and help them earn money Raymond Redmon asked how much of the funding was designated to the targeted neighborhood Staff explained that most of the city's older neighborhoods were in the CDBG targeted area and that no specific amount of funding was targeted to each area It was noted that funds could be provided on an area benefit basis or directly to low/mod households regardless of where they live Mr Redmon commented that only slx homes in the neighborhood had been reconstructed in the last 10 years and that he felt more reconstructions should be taking place Mr Redmon stated that he was concerned that City housing programs were not benefiting elderly on fixed incomes He asked why some elderly were not eligible for the housing programs Staff stated that the guidelines provide information on eligible ~ncome levels In some ~nstances, units in the floodplmn are not eligible for a substantial amount of assistance Ms Phillips asked where the City was on the floodplain revision Jim Coulter, Water/Wastewater, responded that it was thought FEMA would have the revision completed by January but now it would appear to be Febmary or March Bllly Brasfield asked what the ehglble lncome levels are Staffdlrectedthe attendees to the Citizen Guide that provided the revised income levels Ms Ross indicated that the housing rehabd~tatlon and reconstruction programs are available to those below 80% of the area median income The emergency repair program is available to those below 65% It was also noted that this is based on incomes in the Dallas metropolitan statistical area and that incomes in, Denton were actually lower that those m this area Staff also stated that HUD's definition of "income" includes income from assets as well as wages or retirement income Ms Phillips asked when the $1,691,000 would be available to homeowners Stafflndtcated that funding was already available for the home improvement programs and it was not necessary for households to walt to apply Ms Phillips also added that she felt the local workforce organization should be partnering with local businesses to train and hire local citizens Ms Ross stated that she was aware of programs where the Texas Workforce Commission does partner with local businesses and businesses at Alliance Airport to train potential employees One individual andlcated that TWC had done a poor job of assessing her skills and assisting her In finding appropriate employment opportunities Staff suggested that perhaps TWC could provide P~o49 some information on available programs at the MLK Center Ms Heggins asked how funds could be used to assist transportation Ms Ross stated that previously CDBG funds had been used to assist in the purchase of two lift-equipped vehicles She added that as long as the rider ship can be confirmed to be 51% low/mod the funds could be used to support transportation However, it was noted that funding for transportation was provided from other Federal dollars Some attendees commented that often buses did not mn because of mechanical difficulties and that new buses needed to be purchased Ruby Cole stated that she would like to see new furniture pumhased for the MLK Center Ms Ross stated that this was an eligible activity but that it would fall under the human services cap This would mean fewer dollars available to local agencies for provision of services Mr Redmon also asked why the number ofumts being constructed was decreasing Ms Ross stated that the programs continue but that rehabs and reconstructions move slowly because of a lack of quahfied contractors Residents have to walt until the contractor they have chosen becomes available Billy Redmon indicated that the felt the insurance requirements were too high and that this stopped minority and small contractors from participating in the program He mentioned that Workers Compensation was required and that this was expensive Ms Ross stated that she would ask the City's Legal Department to review the insurance requirements to see if they could be revised Raymond Redmon also commented that the housing programs needed to cover more than.lust cosmetics when renovating a house Ms Ross noted that current guidelines require that each unit renovated with City funding under the Home Improvement Program must be brought up to City of Denton building codes This means that electrical, plumbing and mechanical system must be repaired or replaced Residents asked about completing emergency repairs on houses in the floodplain Staff stated that no more than $500 can be spent for repairs to units in the floodplain One neighborhood resident stated that she was concerned about the denial of her mother's application for emergency repmr assistance Staff took down the address and phone number and stated they would look into the situation Another resident stated that she was denied an emergency repalr and she did not understand why Staff stated they would look at her file and determlne if there was a vahd reason for denial After the public hearing adjourned some residents stated additional suggestions for use of the Federal funds, these included the following · Programs to help teenagers stay out of trouble like the Boys and Girls Clubs · Programs to assist families in purchasing a home · Programs to construct new housing · A traffic light at Morse and Woodrow Lane · Two additional emergency repair needs · Funding for Fred Moore Day Care Page 50 Public Hearing Minutes Lee Elementary December 7, 2000 Attendees Deborah Netz N~na Roberts Wallace Duvall Edward Tourmne Ms Ross opened the meeting w~th ~ntmduct~ons ofstaffand committee members She asked the c~t~zens present for comments regarding the use of 2001 CDBG funds Ms Netz ~nd~cated that there were flooding problems ~n the VlCtmty of White Oak and P~n Oak She stated that her home had been flooded three t~mes ~n the last two months She noted that she had spoken w~th C~ty Eng~neenng staff regarding her concerns but that ~t had not been ~ncluded ~n the Capital Improvements Plan Ms Netz spoke about repmrs needed ~n her home as a result of the flooding Ms Roberts mdmated a need for emergency housing assistance ~n the Denton commumty A family present requested ~nformatton about assistance ~n purchasing a home Staffprowded the family w~th ~nfonnatmn on the City's Homebuyer's Assistance Program Ms Netz also menttoned the lack of curbs and s~dewalks on Mulkey, Moz~ngo and Latttmore The pubhc heanng adjourned at 7 00 pm Page 51 AMENDMENT TO THE 2000-2005 CONSOLIDATED PLAN Homelessness and the Continuum of Care Denton and Lewlsvdle are rapidly growing communities in the Dallas-Fort Worth Metrople× along the Interstate 35 corndor The number of low-income, homeless, and potentially homeless households continues to increase The Metroplex is a "high cost" housing area This situation creates more "housing problems" for low and moderate-income households, creating the potential for an increase in the homeless population The Salvation Army shelter ~n Denton has indicated that its shelter facility is often at capacity The Salvation Army has space for 10 men and for 18-20 women and children The Denton County Friends of the Famdy shelter, which provides shelter to victims of domestic violence, is often at its capacity of 28 Meanwhile, the City of Lewlsvdle has no shelters, which makes emergency shelter a high priority in the Continuum of Care plan In addition, transitional housing and service coordination were also identified as top priorities for the joint plan On March 6, 2001, the City of Denton and City of Lewlsvllle conducted a one-mght homeless count of the communities The count noted that ninety persons were homeless in Denton and another eight to twelve persons were estimated to be homeless in Lewlsvllle Since the count only identified persons who met the McKlnney Act definition of homeless, the count did not include the many Denton and Lewisvllle residents who are on the brink of homelessness During the last count ofDenton ln1994, only41 persons were ldentlfied as homeless The number of homeless persons in Denton and Lewlsvdle has more than doubled since 1994 Development of the combined Continuum of Care strategy came about after both Levaswlle and Denton developed their individual plans Both the Denton and Lewlsvdle Continuum of Care Committees agreed that a joint plan would benefit the homeless and service providers The committees agreed that resources from both communities could be shared to bring about more effective service delivery The Joint Continuum of Care Committee formed in an effort to determine the needs of the homeless population and to develop a five-year plan to help these household~ move toward self- sufficiency Common goals and potential funding partnerships were identified dunng the process The joint committee also discussed recruiting partmlpation from the rest of the county including county government, other mumcipaht~es and agencies serving rural areas The COCPC identified needs for each step in the continuum Priorities under each continuum category were then determined Subsequent meetings were held to ~nsure that the Continuum of Care plan had approval from both communities The process was effective in that priorities were ~dentlfied and agreed upon by the entire committee In addition, the joint committee agreed to continue meeting on a quarterly basis to monitor progress and foster funding partnerships Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Official Minutes Community Development Advisory Committee February 8, 2001 Members Present Harry Bell, Pat Colonna, Drone Crew, Sondra Ferstl, Peggy Fox, Mary Alice Moreno, Barbara Stmnett, Edward Tourame, Jorge Urbma Staff Present Lmsa Rodnguez-Garcm - CD Coordinator, Barbara Ross - CD Administrator The meeting was called to order at 1 00 pm by chmrperson Barbara Sttnnett Ms St~nnett tntroduced Carolyn Berry, d~rector of City County Day Nursery Ms Berry proceeded to make her presentation to the committee Ms Berry stated that she has been wath the agency stnce last May The request ~s for bulldtng tmprovements Though the school does not pay rent, they are reqmred to keep the braiding matntatned Ms Berry thscussed the reasons why repmrs are needed - new floonng an the classrooms, ~nsulatton and the installation of an additional air conditioning umt Sondra Ferstl asked if they could break down the costs Ms Berry stated that she could probably g~ve rough esttmates floonng~$14,000,~nsulatmn-$9,000, A/C&ductwork-$7,000 Peggy Fox asked ~f the school was at capacity, has openings or ~s there a wmt~ng hst Ms Berry stated that they currently have a wmt~ng hst Pat Colonna commended the agency for the work that they do and for being an ~mportant part of the commumty for so many years Ms Colonna commented that weekly fees collected based on C~ty County's shd~ng scale were about $13,000 She asked flit m~ght be p0sstble to tncrease fees shghtly Ms Berry ~ndmated that fees would be rinsed $3 00 ~n July Ms Berry also stated that C~ty County was looking at different ways to calculate ~ncome perhaps closer to what the C~ty uses Ms Ferstl commented that they were Denton C~ty County Day School and yet she saw no support from the Denton County Commissioner's Court Demse Perez, DCCDS board member stated that they were working on obtalmng funds from the County Ed Toum~ne asked how the agency's fundrmser went on February 7th Ms Berry and Ms Perez indmated that it went well It was held at Good Eats and they wall know the total amount ratsed tn a couple of weeks Ms Colonna asked ffthe agency held any annual fundratsers? Ms Perez commented that they were doing monthly events and that they needed to get more parents ~nvolved Ms Colonna smd that she would be happy to help wath any upcomtng events Ms Ross commented that these renovattons bordered on mmntenance, espectally s~nce CDBG funds had been used to ~nstall new flooring seven years ago She ~ndtcated that HUD regulations d~d not allow use of CDBG for mmntenance and asked how CCDNS would be working towards setting funds aside for future repmrs Ms Berry ~ndmated that the agency would be getting more tnvolved ~n fund raising tn the future A port~on of fund rinsing wall be set aside for mmntenance Ms Berry also stated that not all of the carpet prewously tnstalled using CDBG funds will be removed Ahce Moreno asked what type of carpet they currently had She noted that as a nurse she was concerned about the potentml health effects on the chtldren Ms Berry responded that ~t was commercml grade carpet stmdar to that ~n the Commumty Services Office Jorge Urb~na asked how the agency was able to find a donated bmldtng Ms Berry responded that a Methodtst church had donated use of the braiding as long as the facthty prowded day care services Mr Urb~na asked ~fthe program could be expanded Ms Berry stated that they would have to add on to the braiding to serve more chddren She noted that the property was large enough to budd on Mr Tourmne stated that he thought ~t was almost an acre Barbara Stmnett asked ff expansion was somethtng the agency wanted to achteve ~n the next 2 - 3 years Ms Berry mentioned that they are currently trying to Page 59 get the school financially on track and then they will look to future activities Ms Fox asked if the school only served working parents Ms Berry responded that they serve working parents and those going to school Mr Touralne asked if the agency has talked to anyone about replacing the tile in the kitchen Ms Berry indicated they had not Ms Stlnnett asked If they had talked with Home Depot or Lowes about materials assistance Ms Berry stated that they have a parent who works for Lowe's and that the agency has gotten a lot of things from them She indicated they wanted to be careful and not ask for too much Ms Colonna pointed out that the agency is in an excellent position to raise funds - people love to help children Ms Perez told committee members about their upcoming pancake supper at the Knights of Columbus Mr Urbina asked if the agency had asked anyone else for this funding9 Ms Berry noted that the Denton Benefit League has been requested to assist in upgrading a playground area Also, the Women's Auxiliary has given money to purchase chairs Momson Milling has been requested to make a donation LulsaRodriguez-Garclaaskedlfthe2001 budgetltem,"otherlncome setaslde for improvements" was earmarked for specific repairs Ms Berry indicated that it is Denton Benefit League funding and is for specific things Another parent present commented that City County was a wonderful school She stated that she had visited other day cares and this was the place she wanted her children She noted that the teachers are wonderful and her child's progression had been wonderful Ms Berry commented that the school has used community service workers to do maintenance Ms Stlnnett introduced Jane Burda Provo executive director of the Denton Affordable Housing Corporation Ms Provo stated that the funding DAHC is requesting is basically for the same purpose as in previous years The first program DAHC offered was the first-time homebuyer program Ms Provo stated that DAHC's Affordable Homeownershlp Program (AHOP) was slmdar to the HAP program administered by the City The main difference is that the homes are purchased and rehabbed by DAHC under the AHOP program DAHC then finds a buyer who is interested in the renovated homes DAHC also helps with down payment and closing costs Ms Provo indicated that the program has been very successful over the past five years She noted that DAHC had just acqmred their 76th home Most are located In the City of Denton but all are within Denton County Ms Provo stated that because of the good economy the area was experiencing, the cost of houses and the renovations were going up The average sales price of all DAHC homes (not just in Denton) is $76,000 She lndmated that it was beginning to be difficult to find modestly priced homes in Deuton However, they can find these m Sanger, Aubrey and small cities All buyers fall below 80% of area median income DAHC tries to focus on households below 50% but this is a difficult group to serve Ms Provo commented on the Importance of receiving funding from the City She noted that DAHC's budget now exceeds 2 million dollars per year The $141,000 requested is a small portion of the overall budget Ms Provo noted that the funds are recyclable Many of the homes have conventional financing and DAHC usually pays about 10% on those funds City funds cut those financing costs and they are only used in the City of Denton Ms Provo was asked to speak to the agency's operating fund request of $25,000 She stated that operating costs for the agency are over $100,000 per year Ms Provo noted that it ~s an eligible activity to provide assistance to organizations such as DAHC If the agency does not receive this funding, they might have to cut back some activities Ms Provo noted that DAHC has budgeted for a property management person for the office DAHC has acquired more affordable rental property and needs help to administer the rental program The agency is now at 4 and ~ full time equivalents She noted that they completed fewer single- family homes last year than the previous year The property manager will free up other staffto work on first-time homebuyer program Ms Provo indicated that ifDAHC doesn't receive the additional funds for a property Page 60 management person, they'd have to continue spreading the work around and probably doing less Ms Stinnett asked how many single-family units were renovated and sold last yearV Ms Provo stated that she believed it was about seven Ms Fox stated that DAHC's goal for next year is 20 units and wanted to know if that was for Denton County Ms Provo lndmated that at would be about ½ in the County and ½ m the City Ms Stinnett asked ifDAHC was going more toward rental property9 Ms Provo said their emphasis on rental came about because of the need for rental property for the disabled Ms Stmnett asked ifDAHC owns the rental units and if they will remain as such Ms Provo stated that most rentals are duplexes DAHC intends to keep ownership and keep them affordable Ms Stinnett asked about the rent payments and whether they would be tied into the mortgage payment Ms Provo lndmated that this was the case but that TDHCA has given DAHC funding the rental units at 1% interest for 30 years Also, DAHC received an 'outright grant from HUD for some units Those savings are passed along to the tenants Ms Fox commented that the units are then targeted to special groups Mr Urbina stated that it would be helpful for Ms Provo to explain why they're targeted to special groups Ms Provo explained that DAHC has partnered with other social service groups DAHC has 23 homes that are leased to MHMR - group homes for developmentally disabled adults Also, DAHC works with HOPE, Inc an their transitional housing program Mr Tourame asked how many rental properties were owned by DAHC Ms Provo responded that they own 65 Mr Urbina asked if single-family residences were a goal of DAHC and if they had program limitations as to what is the upper ceiling of what can be sold as aftbrdable Ms Provo indicated that DAHC, has followed the City's lead m setting an upper hmit She stated that it is achievable to continue a single-family program but it takes a lot of looking One thing DAHC has done in the past is to allow some buyers to provide "sweat equity" Mr TouraIne stated that he noticed very few of the units were in SE Denton and asked why Ms Provo responded that the homes DAHC buys are through HUD and there aren't very many of those in Denton They get a 10% discount Though DAHC occasionally buys from private sellers, this can be more costly Ms Ross also commented that very few of the homes In the area probably have an FHA mortgage or any mortgage at all Very few homes in the neighborhood come up for sale Ms Fox asked for a list ofprop~mes purchased and sold during the year Ms Provo stated she would get this for the committee Ms Moreno asked if there was a different kind of program that covers closing eosts~ Ms Provo stated that w~thln the cay limits, the City's HAP program and DAHC's program provide some Bank of America also has a program for teachers FHLB gives DAHC some assistance dollars Ms Ross also noted that the Denton County Housing Finance Corporation's bond program could provide low interest rate loans with closing cost/down payment assistance Ms Provo stated that their buyers must live there for a certain period of years before the deferred loanlsforglven Typmallyit'safive-yearperIod Ms Rodriguez-GarcIaaskedIfDAHC's grants wer~ forgiven monthly9 Ms Provo indicated that they were Mr Urb~na stated that the City's dollars wouldn't actually be going towards down payment assistance He noted that his point is that most funds would not go to these costs that would not be returned to the program Ms Provo 'indicated that this was correct that the primary source of funds to provide down payment and closing costs was from FHLB The funds requested are to assist with financing Last year DAHC asked for a portion to go to down payments and closing costs Next year DAHC will have FHLB funds to assist with these costs Ms Ross clarified that 10% of the sales proceeds are used by DAHC for administration Ms Provo explained how the 10% comes off Ms Rodnguez-Garma asked ifDAHC had considered forgiving liens at the end of the loan term Ms Rodnguez-Garcla added that HAP was seeing famihes selling homes and getting a large profit Now, the City forgives the entire amount of assistance at the end of the loan term Often, the City gets a substantial amount returned and uses It to assist other families Ms Provo indicated that DAHC wouldn't be averse to doing that Mr Urbina stated that he had one additional comment - another organization has even tagged along a first'right °f refusal They Page 61 sell it back to the organization that first sold it Ms Provo indicated that they have this in their contracts She indicated that DAHC had looked at a couple and did not opt to buy Ms Rodrlguez-Garcia stated that many of the HAP homes are re-sold to others who go through the City's programs Ms Fox asked about DAHC's rate of foreclosures Ms Provo stated they'd encountered their first foreclosure a month ago Th~s was not ~n Denton Ms Stlnnett ~ntroduced David Salmon from the C~ty's Engineering Department Mr Salmon explmned that Engineering had more requests that normal this year He indicated that Engineering received the SE Denton survey that identified more projects than usual Mr Salmon explained the project ranking system to the committee He noted that they used the results from the SE Denton survey - things that were asked for more than others Exceptions include the east McK~nney Street s~dewalks Mr Salmon noted that this project had been submitted previously He stated that the Engineering staff feels it is needed as evidenced by footpaths in the area Mr Salmon stated that though traffic hghts were very high on the cit~zen's survey, traffic studies show they will have a negative impact rather than positive impact Mr Salmon reviewed each project briefly 1 Morse St Bicycle Lane identified tn SE Denton survey, relatively inexpensive Dehneating b~keway between Duncan and Woodrow No hard construction -just buttons and stgnage Mr Salmon discussed alternatives - Now the school of thought in the bicycle ~ndustry is that you don't stripe a bicycle lane but just use signage and wide lanes Make drivers aware that this is a well-used bicycle route He indicated however, that the neighborhood m~ght not be happy ~f ~t is not a dehneated lane Engineering will work closely with neighborhood Ms Stinnett stated that she felt a lot of families would benefit from it Ms Fox commented that it was close to MLK and Rlvera Ms Colonna stated that ~s was a worthwhile project Ms Crew indicted that there was a b~ke lane ~n her neighborhood and it appeared to be very safe Cars can't park on that side Mr Bell asked how wide It would be Mr Salmon stated five to six feet on one side Mr Urblna asked if they could you t~e into the green belt and lf~t could also be a walking path from school to the green belt Mr Salmon stated that the greenbelt entrance was near Duncan He also stated that there was already a sidewalk down Morse 2 East McKmney St Sidewalk This project would cost a little over $84,000 It would extend from Frame to Campbell Street Mr Salmon stated it could be broken up into smaller projects Mr Touraine asked if the sidewalk would be built right next to street Mr Salmon indicated that they prefer to build it 2 feet from curb He noted that the cost estimate does not include acqulsluon of any additional easements Ms Stmnett asked if the business owners along McK~nney would have any objections Mr Salmon stated he didn't th~nk that the City would be taking any easement so, the owner shouldn't have an object~on The right of way probably varies Ms Colonna asked what was the school off just of McKinney - students may be walking to school Ms Stmnett stated that she did not feel it was a good idea to have a sidewalk right on the road She asked if Mr Salmon could assure the committee that it would be at least 2 feet away from the curb Mr Salmon indicated that it was estimated as a four-foot sidewalk but, it could be moved to five foot Ms Ross indicated there is usually some give and take on these projects if funding ~s not sufficient - if there are leftover funds in another project, we move them Sometimes Engineering will come up w~th the dollars needed She commented that obtalmng easements was sometimes difficult and costly under HUD regulations 3 Repaying Johnson Street, 54,700 - runs parallel to railroad The estimate assumes that a contractor will be hired for the project 4 Kerley Street Repave - same process as Johnson, $78,700 P~e62 5 Wood Street - $185,000 Mr Salmon indicated that this project was more expensive because tt is an extremely long street He noted that you could delay either north or south of MeKlnney to cut the project 6 Scott Street extension - goes to Willow Creek addition Project would extend it to Morse Street The Engineenng Department thinks this is a good project and that the neighborhood would benefit The disadvantage as that at is very expensive $250,000 The property owner north of the subdavlslon would not be a wdhng seller Ms Ferstl stated that this looked like one that couldn't be divided up Ms Ross stated that Commumty Services staff had never been involved in a condemnatmn on a HUD project She added she would have to contact HUD to ask about the process Mr Tourame asked afthe project would you go down the middle of thas vacant land Mr Salmon stated that at would probably come down the middle of the property m order for the street to connect to Newton Street Ms Fox indicated that kids are already walking through the area to get to school and the MLK Center She added that some neighbors felt there would be increased traffic as a result of any new intersection there Ms Ross stated that she had observed that there had been some disagreement in the neaghborhood regardang thas project She stated that perhaps this is something that could be worked out in the neaghborhood plan 7 Bacycle/Walklng Path - 8 feet wide (pedestrian and bicycle) Sidewalk from Scott to Mo~'se - Mr Urbma stated that it seemed lake the b~ke lane would be a good vehmle to alleviate some of the problems m the neighborhood K~ds will be walkang on sidewalk rather than through woods or fields where they are not visible Mr Bell stated that the neighborhood should be allowed to determine what they want He noted that someone wolald always d~sagree Mr Urblna added that thas could theoretically be two completed m two phases It would be $60,000 if the sidewalk was bmlt first and they try to run at along the property line The street could come later Ms Stannett stated that this would not necessarily take traffic more smoothly through the area Mr Salmon noted that it would mostly help kids get to school and to the MLK center Also, a single entrance anto any neighborhood is undesirable for safety's sake Ms Crew asked about hghtang the s~dewalk Mr Salmon stated that some type of pathway hghtang would have to be ancluded Ms Stinnett asked who would pick up the tab on that Mr Salmon mdmated that it would be a city-funded item Mr Urbana pointed out that thas is a major part of the overall community development wath the school there It should be an all or nothing project Mr Salmon noted that the neaghborhood is currently developang a small area plan and at is possible, based on thear plan) that th~s project could be funded at a later date 8 Lattimore, Mulkey, 8: Mozango Sidewalks - over $300,000 Mr Salmon noted that the new Sulhvan-Keller school and Lee Elementary are relatively close to thas area so there is a need for sidewalks He noted that right-of-way costs had been built into this one Mr Tourmne asked which side It would be built on Mr Salmon smd he was unsure at this tame but probably the south side He stated that they would hold a neighborhood meeting before doing the project He noted that though it seemed lake an easy project, often there as a lot of dasagreement on these 9 Hibkory Street Repave - $182,000 from Bell to Ruddell with the exception of the part that has been redone ~n front of City Hall East Mr Salmon stated that Engineering did not gave this project a high rating because at wasn't mentioned as often as others 10 Dallas Drive/Simmons Traffic lights - Mr Salmon explained that the warrants didn't meet requirements and the State wdl not approve this Ms Stmnett asked if there was anything that could be done to alleviate the problem Mr Salmon stated that they could look at reahgmng the intersection Mr Bell asked if Engineering could take a look at P~¢63 that Mr Urb~na asked what would happen ffan approved projeet was stopped cold Mr Salmon stated that they would try redesign and work around it Ms Ross stated that the funds could be reallocated to other projects She noted that if a project is cancelled or its scope is significantly changed, the Action Plan must be amended and they would come back to the CDAC for a new recommendation regarding what to do with the funding Mr Urbina asked how much effort would it take to look at realigning the intersection Mr Bell added that the committee is asking Engineering to look into it Ms Colonna commented that she remembers when they redesigned the intersection at Dallas Drive and Eagle and how Lmme McAdams, who was on council at that time, said "it's great that its been fixed but no one can figure out how to use it" Ms Stinnett suggested that the speed limit be lowered Mr Salmon stated that this is a TXDOT thoroughfare and that it is almost impossible to get It lowered 11 Bell and Prairie - Adding left turn arrows at the intersection would not be too expensive but again traffic consultants have also said that adding arrows would increase the amount of delays Ms Colonna commented that she's seen people who have almost been hit at the intersection Ms Ross noted that since it's a major city thoroughfare HUD would require that a survey be completed to ensure that the beneficiaries were low to moderate- income households Mr Salmon stated that would probably cost $5,000 - $7,000 Ms Ferstl asked if Engineering had any other suggestions for solving the problem Mr Salmon stated that to do it correctly you need to add a lane and there is limited right of way there Left turn arrows need a de&eared left-turn lane Ms Stlnnett asked Mr Salmon to give the committee information on the projects that could be broken up into phases What would be the cost of each phase? Mr Salmon stated that he would prepare this for the committee The minutes from September 7, 2000 and January 11, 2001 were approved as written Barbara Stmnett introduced Barbara Carey and Beverly Francis of Christian Community Action Dean Davis, who is a volunteer with CCA Housing, was also introduced Ms Francis provided some brochures and additional information to the committee Ms Francis noted that CCA had not previously provided primary services in Denton Ms Carey asked if the committee wanted a presentation specifically about proposal or CCA Ms Francis lndicated that she would provide both She stated that she was now the 2''d development director but still has responsibility for housing until she is replaced Ms Francis provided some general information on CCA She stated that they do not require any religious affiliation for participation in their programs CCA would not use any funding they receive for personnel costs or admlmstratlw costs These funds go 100% into construction and supplies CCA Housing currently has three employees a construction supervisor, a maintenance person and the director The typical family served is single-family female who spends approximately 55% of the household income on housing In their rental housing the typical household is an el&fly widow CCA Housing is a 501 c3 and a State-certified community housing development organization (CHDO) CCA became a CHDO because they wanted to be able to apply for CDBG and HOME funds CCA completes restorations and provides rental units in Lewisvllle Last year several families from Denton were served CCA's adult chmc is coming to take the place of TWU CARES at the Denton Housing Authonty's new facility CCA's goal is to serve households at no more than 80% of the area median income but most applicants are closer to 50% CCA plans to do new construction They completed 17 houses in Lewlsvflle for rental housing CCA attempts to build to the neighborhood and to code Ms Francis stated that the proposal asks for funding for 10 lots and CCA will use volunteers to build new houses She commented that CCA would be in Denton no P~e64 matter whatlhappens with this request Ms Francis noted that the City of Denton's assistance would allow CCA to build more rapidly Ms Stlnnet~ asked if the units constructed in Denton under the proposal would be for sale or rent Ms Francll indicated that they would be sold She added that they already have eight apphcants from the neighborhood Ms Ross asked If they were planning to serve current City of Denton resldents~ Ms Francis responded that in Lewisvllle they wrote into the contract that they wanted services to go to Lewlsvllle residents She noted that this could be done with Denton's contract as well Ms Rodnguez-Garcla asked if buyers would have to obtain a traditional mortgage Ms Francis indicated that much like DAHC, CCA would work with First State Bank to get lower priced housing Ms Rodnguez-Garcla restated her question and Ms Francis indicated that the buyer would be required to get a mortgage loan Ms Stmnett clarified that CCA wanted money to purchase the land She asked if any other part of the program helps with down payment and closing costs Ms Francis indicated at this point there IS no down payment or closing costs assistance The family would be required to get their own mortgage loan and pay the associated costs Barbara Carey stated that Texas bank in Lew~svllle is set up to provide some help with down payments Ms Ross stated it appeared that CCA was targeting the SE Denton area She asked ifCCA had met with neighborhood residents to discuss their proposed program Ms Francis indicated that they have gone into the neighborhood and talked with residents informally She added]that CCA has asked to meet with the neighborhood association They are also asking for nelghbdrhood representatives to join their board Ms Francis noted that CCA has been aetung at llast two calls per week about available housing in Denton Mr Davis added that he ~as met vaih homeowners in the area and they are supportive Ms Carey stated that CCA wanted to assure them that the housing to be built would be quality housing and that they would not overcrowd the schools A meeting with the SE Denton neighborhood group has not yet been scheduled ~ Mr Urbma asked them to explain what has taken place in Lewlsvllle and how this relates to what the organlzatlon wants to do in Denton Ms Francis stated that CCA has constructldn professionals who work with the organization as volunteers She noted that it takes about 14 days to complete a home In Lewlsvllte, CCA now has over 28 rental units In the past, they have ~ecelved funding from the City of Lewlsvalle, 200,000 for streets, 141,00~0 for , . Underwoo~t Heights housing development, 50,000 for housing restoration Mr Uroana as~ceu if they had avphed for funding to do a similar new construction program in Lewisvflle Ms Fr~cls ln~[icated that they had not Ms Carey noted that the Lewisvllle neighborhoods where CCA has gone work are transforming Mr Davis said that some land had already purchased land in Lewlsvllle He commented that in Denton, CCA is asking for funding to purchase the land Ms Franc~s stated that CCA could do 3 to 4 homes at a time here in Denton and 3 to 4 in Lewlsvllle She added that CCA has worked on over 30 houses at one time 'Ms Stmnett asked if the fund!ng spent on home restorations was a total gift to the family Ms Francis indicated that it was; Ms Ross asked about CCA's ability to comply with the new lead based paint regulatlonl in light of the fact that they use volunteers Ms Francis indicated that have staff that are risk asgessors and supervisors She added that they have insurance that states volunteers are protected in case of lead-based paint poisoning They have two local contractors who are being trained in lead-based paint abatement Mr Urblna asked lfCCA was currently working with others wh~) are doing similar work in Denton such as DAH. C .Ms Francis indicated th~at she had spoken at length with Gordon to make sure they were not duplicating programs ~v~s ~rancis added thai CCA's houses are one-step different from Habitat The homes will sell for $65,000 and $70,000 CCA has worked with Habitat in Lewlsvllle Mr Urblna asked if they work w~th the Denton Housing Authority Ms Francis stated that they had just received a quote from Richard Franco He is aware of what we're doing and is very supportive Mr Urbma commented that there is limited land for affordable housing Ms Rodnguez-Garcla asked if it Page 65 was a housing restoration program or an emergency repair9 She added that based on Community Services' experience, $5,000 doesn't go far Ms Francis tndmated it was a restoration program and that CCA is able to stretch the dollars because of donated materials and labor Ms Ross asked if they bring the umts up to city codes Ms Francis indicated that they do Ms Sttnnett stated that it sounds hke they mostly use volunteers and asked what percent they spend on labor Ms Francis responded that they spend about 50% for labor and materials Mr Urbma clarifies that the funding CCA ts requesting from Denton m just for the land Mr Francis stated that this ts correct Ms Ross comments that if any funding ~s provided that the project, from beginning to end, will be the City's responstbthty Ms Colonna also confirmed that ifCCA got less than requested they would simply do fewer umts Ms Francis agreed Members discussed the salary structure for the orgamzatmn as presented m the apphcatton It was confirmed that the housing director's salary range was from $30,000 to $50,000 Ms Stmnett mtroduced PS Arora from the C~ty's Water-Wastewater Department He discussed the Locust Street and Inman Street projects Mr Arora explained who would benefit from the Locust Street project Residents currently have septic tanks that are somewhat dilapidated The nearby creek crossing has made the costs higher on this project Water/Wastewater would pay for design, impact fees and any acquisition reqmred for the project They are requesting that CDBG pay constructmn costs Mr Tourame asked if these units were owner or renter Mr Arora tndmated that some of the umts were rental property He stated that one septic tank is common to all the propemes Mr Urblna asked how does the creek flows through the property Ms Fox asked if this request came from the neighborhood association Mr Arora indicated that the request did come from the residents Mr Tourame asked if the houses on the west side of the street would be tied m as well Members asked Mr Arora to find out how many of the umts were owner vs renter Mr Urb~na asked that he also find out the number of persons in each household to be served by the hne Mr Urbtna and others discussed the hne that serves the City- owned property at the corner of Locust and Windsor It was determined that gravity would be a problem trying to go that way Members also want to know potential zoning in the area under the new plan Is tt possible that someone may want to develop the property in the future9 Mr Arora provided information on the proposed Inman Street sewer project He noted that some apartments have been built behind the houses A sewer hne comes close but is not extended far enough to assist these three single-family umts Agmn, Water/Wastewater will pay design and impact fees The project includes hooking up each unit Ms Stlnnett commented that since these traits are surrounded by apartments, ~sn't it possible that these owners will eventually be bought out for apartments Mr San Mtguel, a resident of one of the units, stated that the reason that one of the umts is a rental ts because of the sewer problems Mr Mlguel, stated that he attempted to replace the septic tank but the City wouldn't allow tt because the space was too small He noted that after the apartments were built, their umts were m a hole Ms Stmnett asked if the City shouldn't be paying for the sewer hne since this was really caused by the apartments being bruit Mr Arora tndmated that the City ts not responsible for failing systems Ms Ross mentioned that Mr San M~guel thought that the apartments would have to promde a line but this did not happen Mr San Mlguel indicated that when the city permitted the apartments, residents were never told they were going up so far They are 7-8 feet higher than their umts Ms Colonna commented that tt came as a real shock to her that there were residents tn older neighborhoods that didn't have sewer service Ms Colonna stated that the development tn the area was an opportumty for someone to do something but nothing was done Mr San Mtguel noted that tt would have been better for the line to be put on the outside of the apartment property so that ~t wasn't a private line Mr Urblna asked how large the families hvtng tn the area were Mr San Mtguel stated that one umt housed six persons and the other seven One of Page 66 the units is vacant Mr San Mlguel indicated there were three children In the two units Mr Urblna stated that he agreed with Ms Colonna and that It is embarrassing that something like flus has occurred Mr Arora stated that often there is misunderstanding regarding how the City pays for the water and sewer systems Repmrs to these systems come from the "rate payers" There is no money fCr new constmction of hnes New developments pay for thelr own tnfrastmcture So, the City mu[~t use this method to get service to those who currently have no service Ms Colonna suggested that the City should have a bond election to provide this service to those In the City who do not have it Ms Stlnnett asked that lfCDBG funds are used to install the line and then the owners sell to a developer could the funds come back to CDBG Mr Arora and Ms Ross stated that this was not the case, the funds would not come back Mr Urblna asked if a variance for a new septic system could be requested Mr Arora stated that most hkely it would be denied ,Mr San Mlguel stated that the problem in putting in a new septic system is that everything ~ventually goes north Committee members discussed changing future meeting dates It was decided that the hearings would continue on February 15 and that the committee would develop recommendations for City Council on February 16 The meeting adjourned at 4 50 p m Official Minutes Community Development Advisory Committee February 15, 2001 Members Present Harry Bell, Pat Colonna, Diane Crew, Sondra Ferstl, Ahcc Moreno, Barbara Stlrmett, Edward Touralne, Jorge Urbma Members Absent: Peggy Fox (wlth notification) StaffPresent Lmsa Rodnguez-Garcla - CD Coordinator, Barbara Ross - CD Administrator Barbara Stlnnett called the meeting to order at 1 10 p m and gave the floor to the Parks and Recreation Department Ed Hodney, Director of Parks and Recreation, Introduced the members of the PARD staff, Emerson Vorel, Park Operations Superintendent, Amanda Green, Program Area Manager and Ken Washington, MLK Center Manager Mr Hodney mentioned that all three proposals were from the community Mr Washington reviewed the request for MLK Center improvements He indicated that the exterior of the building and parking lot areas are very dark Staff is asking for additional lighting Many groups use the facility in the evenings and this is a security concern especially for the seniors Mr Washington noted that Inside the building there is limited visibility from the front desk to the activity areas StafflS requesting security cameras to be able to monitor the various areas including the weight room Ms Colonna asked if the MLK Center has had any incidents or any crime9 Mr Washington responded that there has been no crime but occasionally there are some disagreements in the gym etc and monitoring would help Ms Colonna asked if any other ~lty recreational facilities have security cameras9 Mr Washington said no but that the other centers were configured differently from MLK Mr Hodney indicated that the layout and staffing constraints were a reason for the requasts If more staff were available, the cameras Page 67 maght not be so amportant He noted that the cameras cost less than addang another staff person Mr Urbma asked how much is allocated between the two projects Mr Washangton stated that $17,000 for outdoor hghtmg and the balance was for the cameras Mr Urbma asked how amportant was the pro,lect to PARD Mr Washxngton andacated that the outdoor hghtmg as more amportant Ms Colonna commented that we need to be careful when we use surveallance cameras Some people may not hke the fact that there as surveillance only at the MLK Center and no other Mr Tourame asked ~fthey planned to put cameras m the meetang rooms Mr Washington stated that they would not be anstalled m the meetang rooms Ms Stannett commented that ~t would be the andawdual an the front office who monatored the cameras Mr Hodney presented the American Legion Hall pro,lect He stated that an ad,lacent bualdang has been funded m the bond program He noted that neighborhood residents were concerned that the planned building was not enough square footage The request wall buald an addltaona1400 square feet Mr Hodney andtcated that PARD met wath the neighborhood residents and that thas was thear haghest praortty Improvements to the MLK Center were actually thear 3rd priority Mr Toura~ne asked ~fthere was sufficient space an the park to expand the faclhty Mr Hodney andaeated that there was He added that the users wanted multaple rooms and restrooms in the space He noted that they asked for a katchen fac~hty but that was not ~ncluded because staff felt that the exastmg k~tchen facd~ty was sufficaent Ms Stmnett asked why they d~dn't set up the anattal bond request for the larger facahty Mr Hodney mdacated that he asked for what was requested by the bond commattee at that tame but the neighbors have since changed the request Mr Hodney stated that the only down s~de ~s that the project may have to be delayed untal grant funds are avmlable Mr Tourame asked afthey couldn't start and get the CDBG $'s later Ms Ross explained that CDBG funds couldn't be commatted to a project untal an environmental revaew is completed and a release of funds receaved Therefore a pro,leer that ancluded the use of CDBG could not start untal the requarements were met Mr Urbma stated that at sounded hke PARD would have no problem waat~ng ffCDBG funds are allocated to the pro,lect Mr Hodney smd that was correct Ms Colonna asked for some claraficataon regarding the "Ameraean Legion" facahty Mr Hodney stated that they have left the name the same to honor the veterans It as a Caty-owned facahty Mr Vorel revaewed the proposed ~mprovements to Fred Moore Park · New fencing as the neaghborhood's pnoraty They are concerned about children fulhng into the drainage channel and being re. lured · Demohsh exast~ng restroom and replace it ~s the 2nd pr~oraty · The 3~a ttem was a perameter walk Some of the dollars would be used to upgrade the exast~ng walkway · Addataonal securaty hghtmg and an electrtcal upgrade During Juneteenth there as often a problem havang enough power for all the actawtaes The neighborhood resadents have also requested add~taonal park hghtang Ms Stlnnett asked what t~me the park closes PARD staff indicated at closed at 10 00 pm Mr Vorel mdacated that the hghttng would also help the police when they patrol after hours · The final request as to resurface the basketball court Mr Touraane asked ~fthe fence on the north sade went all the way to the street Mr Hodney sa~d the pro,leer would prowde a street to street fence on both sades of the creek Ms Stlnnett asked ~f PARD or the neighborhood were doing any fund raasmg for these pro,lects9 Mr Hodney P~e68 ~ndicated that PARD had not done any because this would need to be lmtlated by the community He is also not aware of any fund raising by the neighborhood Mr Urbina asked Mr Vorel to prowde separate allocations for each project Mr Vorel stated that the projects were listed in the netghborhood's priority order Mr Touralne asked if PARD could break down the lighting and the other electrical work in Fred Moore Park Mr Vorel tndtcated that he would provide the cost breakdown tomorrow Mr Hodney indicated that over the years, a large number of comments have come in regarding the restroom building The cost esttmate for the restroom ts similar to the estimate for South Lakes Park Ms Rodriguez-Garcia introduced herself and gave a brief presentation regarding the City's Homebuyer's Assistance program She noted that th6 program began m 1992 to help people who want to buy a home but cannot save for the down payment and closing costs Homes must be in the Ctty of Denton and parttclpants must be current residents She commented that the program has changed - now the City pays a percentage of the costs based on their income The City has asststed 338 families through the program Ms Rodnguez-Garcla noted that the sales price limit is now up to $85,000 She stated that the request is an increase from last year It is $41,690 more and will assist 70 families Additional funds are needed to do lead testtng and to help more families Ms Stlnnett asked about the program changes and have they allowed staff to assist more families Ms Rodnguez-Garma said households have to come up with more money but ~t hasn't been a problem Ms Moreno asked who quahfied for the program Ms Rodnguez- Garma stated that attachment A provides that information - 1) Apphcant must live tn the City of Denton for at least a year, 2) Thetr income must qualify, 3) They must be a first-time homebuyer (with exceptions), 4) They must occupy the home as their primary residency, and 5) They must quahfy for,a mortgage loan Ms Rodnguez-Garcla said the City has a relat~onship with 18 lenders Ms Stmnett asked how many buyers had defaulted on their mortgage Ms Rodrlguez- Garcta explained that there had been three She described the circumstances Ms Stmnett asked lf they must take a homebuyer class Ms Rodnguez-Garcta indlcated that they do Shenoted that the City does not assist families that have more than $5,000 ~n assets Mr Urbina asked ~f Ms Rodnguez-Garcm could explain how the HAP program maintains control over the traits that have been sold Ms Rodnguez-Garcm stated that a lien ts placed on the property and that the owners must pay taxes, insurance and must maintain the property The lien ts released at the end of the loan period Mr Touralne asked how staff knows that the family doesn't move and turn the house ~nto a rental Ms Rodnguez-Garcla stated that Community Services staff verifies where the tax payment request is going and they also check utility records to see flit they are under another name If staff sees a discrepancy then the buyer ~s contacted and verification of residency is requested Mr Bell asked if buyers could sell their note to someone else Ms Rodriguez-Garcm stated that if the buyer does not meet the terms of the note~then they must pay back the loan After the five-year time period the buyer could do whatever they want Mr Bell clarified that he was asking if the City ever sold the note Ms Rodnguez-Gamia stated no that the C~ty does not Mr Urbina asked how many families were assisted last year Ms Rodnguez- Garcia stated that it was 75 households Alma Esp~no rewewed the request for the Home Improvement and Optional Reconstruction Program Staff is m the processes of completing five reconstructions and one rehab She stated that staff was requesting more funding because previous year funding will soon be exhausted Ms Esplno rewewed the budget Ms Colonna asked about contractors She lndmated that she knew that staff had some problems finding them Ms Espino said that five contractors were bidding on the current projects Mr Urbina asked about minority contractors Ms Esp~no said that there is one African American contractor who currently works with the program Ms Esptno mentioned h~gh insurance costs as a problem Ms Ross talked about actions taken to Page 69 encourage minority contractors to participate She also stated that when staff asked the Legal Department to review insurance requirements hoping that they could lower some of the costs, Legal actually added a requirement that the City be listed as an additional insured on the contractor's policy None of the required amounts were reduced Mr Touralne indicated that the insurance requirement helps to ensure that the contractor is bonded Ms Stinnett asked if these were loans Ms Espino explained that they were and discussed the sliding scale payback procedures She explained that program income is used immediately on new projects Ms Espmo explained how staff monitors insurance coverage and other items and helps the homeowner with these Ms Moreno asked ifa person actually goes to the house to see if they're keeping things up Ms Esplno stated that staffchecks taxes, utilities and insurance Ms Colonna offered to let committee members see the repairs on her home Members commented that it is a great program Mr Urblna asked about admlmstrative costs Ms Rodnguez-Garcia stated that some administration is coming from HAP Ms Ross noted that at least five of the Community Services staff members have been wath the program for a number of years She stated that this is wonderful but that salaries have increased faster than grant funds have increased More dollars are being taken from the programs to pay salaries She noted that City staff is supportive of looking at the possibility of proposing that some staff salaries be taken from the general fund Mr Touraine asked about loan terms Ms Esplno discussed the terms and stated that the note isn't forgiven until the end of the loan term Ms Stlnnett asked if folks could buy a home that needs repairs and ask for help with it Ms Esplno indicated that owners must have lived in the house for five years before they are eligible for assistance Mr Tourame asked about families whose income increases considerably over the next few years Ms Espino stated that staff does not continue to review income She noted that many of the loan recipients are seniors and that their income does not usually increase significantly Staff has also increased the amount of years they must live in their units before they can participate in the program Ms Espino stated that staff had four applications waiting on the new funding and there are about 20 on the waiting list She noted that applicants must also have good credit or be working on it Mr Urbina asked how many households could be assisted under the program Ms Espmo estimated about 10 but stated it could be more depending on the dollars spent on each unit Mr Urbma asked what methods staff uses to stretch the dollars Ms Esplno indicated that they were not really able to juggle reconstructions and rehabs ProJects are completed according to a first come first serve system Gordon Meredith provided a presentation on the emergency repair program It has existed since 1996-97 He stated that staff expects more units wall need repair during the 2000-2001 year Mr Meredith indicated that the program has served a necessary niche for those who fall below 65% of the area median income Staff is asking for 45,000 and this is largely due to the fact that all previous year funding has been used up He noted that this morning he went out to two homeowners one with a sewer line repair and the other needed roof repairs Mr Touraine asked where the census tracts described in the application were located Mr Meredith gave the location of the applicable census tracts Mr Urblna asked what happens if someone needs more than just an emergency repair Mr Meredith explained that the Gap helps Staff can only spend up to the cap He added that the cap was recently raised to $5~pnmarfly because replacing a roof is so expensive Mr Urbina asked if the Emergency Repair program could be rolled into the home repmr program Mr Meredith said that it could not because of the "emergency" criteria Ms Ross indicated that staff is careful not to spend much money on a unit that may soon be rehablhtated or reconstructed under the Home Improvement Program Mr Touralne asked if the units were owner-occupied Mr Meredith replied that they were Ms Stlrmett asked what was the #1 repair under the program9 Mr Meredith stated that it was replacement of bathroom floors Water heaters are a close second Ms Moreno asked if staff did emergency repairs on Page 70 homes that are worth $80,000 or more? Mr Meredith indicated that it would be consxdered bm that afthe household had more than $12,000 in assets (excluding the house) the project was not ehglble He also noted that the Income ~s lower than that of other programs - under 65% of the area medaan income rather than 80% Mr Urbana stated that many customers are probably those who are older who are havang trouble malntmnlng their homes Mr Urblna also asked if Mr Meredith sometimes spent his own time doing a minor repatr rather than hiring a contractor Mr Meredith indicated that occasionally he might take has Habatat buddies out there to do some work Nancy Baker presented the Rental Rehabilitation program application She stated that it was prevaously funded in 1996 and 2000 Ms Baker passed out some before and after pictures of a recent project on Mill Street She noted that there is currently a program balance of $11,000 Staffls requesting $46,400 to assist owner with additional units Owners can get a grant for 25% of the project cost and get a loan for and additional 25%, but th~s can be no more than half and there ls a cap based on bedroom slze C~ty gutdehnes requlre that the owner be at or below 150% of the area median Income She noted that th~s was probably the least critical of all the Caty's programs ~Ms Baker stated that the program is designed to assists lowqncome tenants in obtmmng standard rental property and ~t also helps upgrade neaghborhoods Mr Tourmne asked ffthere was a specific rental cost tied to the umts9 Ms Baker andlcated that owners could go no h~gher than the area fair market rents used by the Denton Housing Authority She noted that staff currently had an apphcataon m process for a woman on a fixedqncome who has a rental property Ms Stlnnett clarified that the units would only be rented to low and moderateqncome households Ms Baker stated that thas was correct and that owners were reqmred to check income before renting to a household Mr Tourame asked if any of the rehab funds are forgiven Ms Baker stated that 25% ~s forgiven Mr Tourame asked if the houses out on Locust could qualify for~thls Staff members noted that those umts are not an the current rental rehab target area Mr Urbxna asked ffthere was a major need for this program in the commumty9 Ms Baker stated that mdawduals at the pubhc hearings have intimated that th~s program as needed Mr Urbma asked ff staff went the next step by prowdang anformataon on funding sources available for new construction of rental properties Ms Baker stated that she sent them to the Texas Department of Housing and Commumty Affairs She noted that a project now ongoing on Hackory that used to be the old People's Funeral Home Ms Ross reviewed the Mtcroenterpnse Loan Program She noted that one loan has been provided to Denton Lawn Spnnkler Two low-income persons will be hared as a result of that loan She stated that the program has a balance of $76,000 Ms Ross noted that funding for the program was a low priority this year The,p~r~am should be moving more qmckly over the next year Mr Urbtna indicated that he was aw~i~some banks that wanted to partampate and would assist staff In contacting them Ms Ferstl asked staff to comment on whether the CCA programs were a duplication Ms Ross smd she thought that the Home Restoration program was more similar to the Home Improvement Program than the Emergency Repmr Program s~nce CCA had stated that they would bring un~ts up to code Staffrevlewed the paperwork that was given to committee members Ms Rodnguez-Garcla explmned lhow the ranking form would work and that she would calculate and prowde the results at the begmmng of tomorrow's meeting The meeting adjourned Pag~ 71 Official Minutes Community Development Advisory Committee February 16, 2001 Members Present Harry Bell, Pat Colonna, Diane Crew, Sondra Ferstl, Peggy Fox, Barbara Stmnett, Edward Tourame, Jorge Urbina Members Absent Alice Moreno StaffPresent Lmsa Rodrlgucz-Garcla- CD Coordinator, Barbara Ross - CD Administrator Barbara Stmnett, Chairperson, called thc meeting to order at 1 20 pm Members discussed whether they wanted to chromate thc act~vities that they did not want to fund first Jorge Urblna asked if thc committee could sec how far the funds would go on priorities Lmsa Rodrigucz- Garcla provided the members with a tabulation of their priorities based on the activity-scoring sheet they each turned in Members discussed whether to fully fund the actimtlcs or provide partial funding Sondra Ferstl commented that she did not want to fully fund ali of the priority actiwtlcs Members agreed to start at the top and determine thc activities for which they wanted to recommend funding and how much Ms Stmnett asked about starting w~th only the HOME funding Barbara Ross suggested that staff could allocate the housing projects to HOME and the committee could look at the final figures and see if that was acceptable Members agreed to fund the Fred Moore fence around the drainage area at $$,000 Members discussed the Homcbuyer Assistance Program Mr Urblna stated that he felt it was a wonderful program and should receive full funding Ms Ferstl stated that she also felt it was a wonderful program but wasn't sure about full funding She suggested they might come back and cut the program if needed to fund other activities The Homebuyer Assistance Program was tantatively funded at $475,000 Pat Colonna stated that she felt the committee was in agreement with replacing the Fred Moore restrooms at $100,000 Members agreed Ms Colonna stated that the MLK request should be split Ms Stlnnett felt that the lighting should be included in the allocation but not the cameras Mr Touratne stated that he felt they should allocate for both the security lighting and the cameras Diana Crew stated that she felt that the people who had chddren up there playing in the gym would want to know that their kids were safe Ms Colonna stated her concerns regarding the fact that there are no cameras in other City facilities Ms Ferstl suggested that they fund the lights this year and ask PARD to come back with the cameras next year after they've talked w~th the neighborhood more Ms Fox asked ffthls request came from the MLK Advisory Board Ms Ross stated that she only knew that this did f~ot come up at the initial public hearing but that it was discussed at the meeting that PARD had with the neighborhood Members agreed to fund the security hght~ng at MLK only Mr Urblna added that he felt the neighborhood should be consulted again about the cameras Members continued to discuss activities In the order of their priority They agreed to recommend funding for the Inman Street sewer project Members discussed the drainage problem that also exists on these properties Mr Urbma commented that he felt the Emergency Repair Program was a very good program and he would like to see it fully funded Ms Ferstl indicated she would suggest about $25,000 for the program's allocation Ms Ferstl stated that she d~dn't see heavy demand Ms Fox indicated that she did believe there was heavy demand for the program Mr Urbina indicated that he was Page 72 glad to hear that staff wouldn't make a complete repmr on properties that might later go through the Home Improvement Program Ms Ross indicated that it did take some time for cmzens to become aware of the emergency program but that they were making use of~t now Ms Stinnett also stated that many of the repairs were small - $200 - $400 Members decided to leave the Emergency Repmr Program at $45,000 Members d~scussed the City's Home Improvement Program Ms Ferstl suggested the committee fund approximately $250,000 Mr Urb~na agreed w~th the cond~tlon that ffany funding is left over, they come back and reconsider additional funding for this program Mr Touralne asked what the committee dad last year with this program Ms Ross pointed out that last year staff requested less funding but this was because they had funding left from prior years The Home Improvement Program will have no funding left from prior years by this August Ms Colonna reminded members that staff md~cated that funds have been committed to five projects that have just been bid out Ms Ross added that stafflS working on getting additional funding under a Lead Hazard Control Grant program Members agreed to tentatively fund at $250,000 The next priority listed was Fred Moore Security Lighting Mr Touraine stated that there were comments about whether or not they wanted more lights but he noted that everyone seemed to want more electricity in the park Ms Ferstl asked how often the park is used for celebrations like Juneteenth Mr Urblna stated that generators could be used for special events He added that the additional hghting seemed more critical Ms Sunnett stated that generators were not dangerous and most local events require that some be used Members discussed whether access to more electricity would increase the number of events at Fred Moore Mr Tourame indicated that he leaned more toward the electricity than the lighting Ms Fox pointed out that some neighborhood residents living near the park feel that additional lighting will detract from their quality of life Ms Stmnett suggested that the committee walt until the park is used for more events and the electric upgrade as clearly needed Ms Stmnett suggested that a vote be taken Members agreed to fund the security hght~ng at $6,000 Mr Urbma stated that the request could come backlm a subsequent year and would be considered especially if other events are being scheduled !n the park Members 6onsldered the East McKlnney Street Sidewalk project Ms Ferstl suggested that the commltteelftmd a part of it for $31,650 It was noted that this would provide sidewalks from Frame to Bradshaw Mr Tourmne said he thought there were more people living from Bradshaw to Ruddell, Ms Ross noted that there were more businesses ~n that area and although that was not necessarily a good solution - to walk in parking lots - it does provide a dry paved area to walk on 1~rom Frame to Bradshaw there are paths in the grass Members make want to take that into consideration Members agreed that they would include the sidewalks from Frame to Bradshaw an their recommendation Morse Street bicycle lanes were discussed Mr Tourame brought the committee's attention to an article m the Denton Reeord-Chromcle that quoted Jerry Clark, Assistant Director of Streets The article stated that bicycle paths would be added to some streets as soon as the Denton Planning and Zoning Commission approves the plan He noted that the article said that paths would be added on streets that are already wide enough Mr Touralne sa~d that since the C~ty already appears to have money for th~s, perhaps the committee would want to use the CDBG dollars somewhere else Ms Stlnnett asked if Morse Street would be on the last Ms Ross indicated that she would contact Mr Salmon and ask that question Ms Fox ~ndicated that the bike paths and giving up parking was something included on a recent neighborhood survey sent out by the~Small Area Planmng division Ms Colouna pointed out that the article certainly P~o73 influences the committee's thinking Ms Ross stated that Mr Salmon said that Morse Street could be included but that this would take money from other areas that could receive funding Members agreed not to recommend funding for the bike lanes Mr Urbina noted that the neighborhood might want to take another close look at the issue and make a decision Members discussed City County Day School's request for funding Ms Ferstl said she didn't want to provide full funding but wanted to give them something She noted that Ms Ross said something about maintenance vs new construction Mr Touraine stated that when he looked, the kitchen didn't look that bad He said the carpeting did look bad but he wasn't sure about replacing the tile in the kitchen Ms Ferstl asked Ms Ross about her comments regarding maintenance Ms Ross indicated that HUD regulations do not allow cities to use CDBG funds for "maintenance" activities Though she did not think them would be a problem at HUD with either this project or the request basketball court resurfacing she noted that both of these items had been earlier projects not more than 5 - 7 years ago Ms Ross did however, think that City County and other agencies should have specific funds set up to cover maintenance and replacement costs for items such as flooring Mr Tourame stated that he felt the insulation and air condltlomng were the most important Members agreed to fund these items at $16,000 Members asked Ms Rodnguez-Garcia to review the activities that they had so far agreed to recommend for funding Ms Rodnguez-Garcia reviewed the list Members asked about what amount must be allocated to a local housing development organization Ms Rodrlguez-Garcla indicated that the CHDO set aside was $86,250 Last year, the committee and council provided DAHC with the total 15% set aside for projects only Ms Stlnnett stated that she would like to have a second choice for a CHDO She was pleased that Christian Community Action had applied and If they can become a local CHDO, she'd like to give the funding to them Ms Colonna said that she felt the opposite - that the Denton Affordable Housing Corporation had put their problems behind them and were doing a good job Ms Colonna indicated that she felt CCA was duplicating programs that already exist Mr Touralne stated that he did not think it was a duplication He noted that DAHC was putting their dollars into north Denton He added that CCA was working in Southeast Denton Ms Colonna again commented that she felt the programs were duplication Ms Stmnett asked if CCA could use the money to buy lots Ms Stlnnett asked if we couldn't give CCA the CHDO money if they became a CHDO and they could buy the lots Ms Ferstl stated that she preferred that CCA become a CHDO first and then request funding She felt the $86,000 should go to DAHC for projects Mr Urblna stated that he was on the board of the Denton Affordable Housing Corporation Ms Ross stated that this meant he could not vote on funding for the organization but could enter Into the discussion unless committee members objected No one indicated an objection Mr Urbina stated that he was involved with a number of organizations providing affordable housing in Denton Of those organizations, the only one that has said they were working with CCA was Richard Franco of the Denton Housing Authority Mr Urblna stated that we have organizations here now doing these types of things He also noted that CCA received funds from Denton County for their office complex, the idea being that they would use it in a cooperative effort with other social services They have only put their own administrative offices up with the funding Mr Urblna noted that most of the agencies that are already here in Denton are working cooperatively Ms Colonna stated she agreed with Mr Urblna plus she believes CCA has a lot of funding Mr Tourmne stated that he felt that didn't matter pointing out that DAHC has a line of credit for $1,000,000 He asked if DAHC could build a house for $57,000 if Denton puts in $20,000 like CCA can Mr Touraine pointed out that you could get more for your dollars with CCA Ms Ross stated that staff has worked vath DAHC for several years now Page 74 and is aware that they've had some difficulty when they didn't talk with the community She added however, that DAHC has seemed to overcome their problems and is doing good work for Denton Ms Ross noted that she felt CCA could not know the community as well since they have no representatives from Denton on their Board of Directors She suggested that since CCA stated that they were coming to Denton anyway perhaps it would be a good idea to wait and see if they get some Denton folks on their board, become a locally certified CHDO as well as look at their track record over the year CCA could request funding again next year after they have met these requirements Mr Urb~na stated that it was awfully hard to find people to serve on boards especially those who represent low-income areas Mr Touraine noted that DAHC's board did not appear to have many low-income folks but had some who live in areas that might be considered low/mod Ms Ross also stated that City staffls reqmred to monitor these agencies She commented that staff spends time momtormg DAHC and there were some things they could improve on in terms of reporting She noted that with current staff, they could probably monitor one additional housing agency but after that, they would probably need additional staff Ms Ross d~scussed HUD's philosophy regarding requiring cities to fund housing non-profits Ms Stlnnett stated that she feels DAHC gets the funding every year because there is no other alternative She added that she felt a little competition might cause DAHC to do a better job Mr Urbina stated that he has worked closely with CCA in a number of housing endeavors He noted that he'd like to see CCA enter into the Denton area in a cooperative manner with other organizations and with a board make-up that includes Denton residents Ms Suunett stated that they could meet those requirements before the dollars are actually given Mr Touraine asked Mr Urblna, about CCA's projected cost of lots Mr Urblna stated that their amounts were somewhat high Ms Fox noted that there were very few houses completed by DAHC ~n southeast Denton Ms Ross stated that most of DAHC's units were FHA foreclosures and that there weren't many of those in the southeast Denton neighborhood She also stated that DAHC had purchased three lots on Morse Street but they've found that they can't build on the lots because of flooding issues They may sell the lots back to the City for drainage Ms Colonna stated that DAHC has the pastor of St Andrew's Church on their board and that Llnme McAdams was also a member Ms Ferstl stated that the committee should consider DAHC the CHDO and give them the $86,250 and if they want to fund CCA additionally, they could do that Ms Ross dad comment that DAHC's new construction program is moving very slowly She mentioned the Mockingbird development that has not yet begun but has been in the works for a while Members discussed new construction actlvlues Members discussed the expansion of the American Legion Annex Mr Urblna said that it was a great project but he felt n should all be included in the bond issue Ms Ferstl sa~d she put "0" down because she felt the same way Ms Colonna and Ms SUnnett also agreed Ms Ferstl stated that she did not feel this was coming from staff Mr Urbma also noted that perhaps some of the square footage at the new DHA administration office could be used for some of the nelghborhood's activities Members voted and agreed that funding for the annex expansion would not be recommended Members agreed not to fund the Mlcroenterpnse Loan Program for the current year Since the program has $76,000 they will wait until next year to consider additional funding Mr Urbma stated that he was aware of some local banks that would agree to participate The next priority was the Mulkey, Mozmgo, Lattlmore sidewalk project Members agreed to choose one section of the sidewalk project Mr Tourame felt that the Mulkey portion would serve more people Members agreed to recommend an allocauon of $78,000 for the Mulkey portion of the sidewalk Page 75 Members looked at the Rental Rehabd~tat~on program Mr Toura~ne stated that th~s ~s property that people are making money off of and have let ~t mn down He also ~nd~cated that he felt the forgivable pomon should be a loan Ms Ferstl suggested that ~t be funded at $10,000 Ms Colonna stated that some lowqncome people cannot afford to renovate their umts and that these projects, tnclud~ng the example Nancy Baker showed the committee, upgraded the whole commumty Mr Tourmne pmnted out that the project was up for demoht~on twice but was never taken down Ms Ross stated that $40,000 was prowded on the project and $20,000 of that was a loan, $20,000 was a grant and the owner also put ~n $40,000 Members agreed that the project looked good Mr Urb~na stated that the program be partmtly funded but emphas~s should be on homebuyer assistance and owner-occupied home repairs Members agreed to allocate $10,000 to the rental rehabthtat~on program Ms Ross stated that Ms Baker would probably rather see more funding for the owner-occupied home ~mprovement program Members dtd not support fundtng for the Fred Moore basketball resurfactng program, the Scott to Morse Street sidewalk/street, Wood Street repawng or the Hmkory Street pawng (from Bell to Rmlroad) Ms Fox stated that she felt ~t would ~mprove the quahty ofhfe for people ~fthe~r hous~ngwere~mproved Mr Urb~na asked ifany streets were ~mproved last year Members stated that they have completed streets ~n the past Ms Ross stated that funding was avmlable from earlier CDBG budgets to repave Duncan and Neff streets Mr Bell asked Mr Tourmne to restate where he felt Wood Street was ~n need of repmr Mr Tourame rephed that there was only one area m front of Sulhvan-Keller Ms Colonna tndmated that she felt funding should not be used to repave streets Ms Colonna suggested that the balance of the funding go to the Home Improvement Program Ms Rodnguez-Gare~a stated that th~s would gtve the program approximately $404,000 Members dec~ded to reallocate some fundtng from the Homebuyer Assistance Program to the Home Improvement Program to gtve both programs apprommately $440,000 Ms Ross told members that they would have a brief meeting some t~me ~n March to approve minutes and get the committee's approval of the entire 2001 Action Plan before ~t goes to C~ty Coanc~l The meettng adjourned Page 76 Unofficial Minutes Community Development Advisory Committee March 13, 2001 Members Present Harry Bell, Pat Colonna, Sondra Ferstl, Peggy Fox, Alice Moreno, Barbara Stmnett, Edward Touramc, Jorge Urbma Members Absent. Diane Crew Staff Present Lmsa Rodnguez-Garcla - CD Coordinator, Barbara Ross - CD Administrator Barbara Stinnett called the meeting to order and asked if there were any corrections to the minutes from February 8, 15 and 16 Ed Touratne had various corrections to the February 15 minutes Ms Stinnett asked for correctlons to the February S or l6 minutes There were none All three sets of minutes were approved w~th corrections Ms Stinnett suggested that each member give their ~deas on how to reallocate funding previously allocated to the Mulkey Street Sidewalk project since it was determined that th~s project did not meet the low and moderate-income benefit reqmrements She stated that she would like to fimsh the McKlnney Street sidewalks or Locust Street sewer and give the rest to the City Homebuyer Assistance Program (HAP) Ms Stlnnett also informed the committee that though Diane Crew could not be present, her suggestion was to split the $78,000 between the City's HAP and Home Improvement (HIP) programs Jorge Urbma stated that he supported option five of the suggestions provided bY staff This would provide funding for the Morse Street bicycle path, floor repmrs at City County Day School, the electric upgrade at Fred Moore Park and the balance to City housing programs or DAHC Sondra Ferstl stated that she would also like to complete the McK~nney Sidewalks or Locust Street sewer Peggy Fox reminded committee members that the units on Locust Street were not owner-occupied Mr Urbma commented that the project would serve very few units and that it was an expensive project Pat Colonna reminded the committee about the need for resurfacmg the basketball court at Fred Moore Park She felt this was an important project and met some important recreational needs in the neighborhood Ms Co[onna stated that she felt the committee should reconsider the project Ms Fox stated that Ms Ross had mdmated that this could be considered maintenance because CDBG had paid for a previous resurfamng Ms Ross indicated that she felt the project could be completed again with CDBG funds without a problem but that she would inform PARD staff that it should probably not be requested again because of the maintenance issue Ms Colonna stated that she would spht the balance of the funding between the C~ty's home improvement and HAP programs and the Fred Moore electrical upgrade Alice Moreno stated that she would like to fund the Fred Moore electrical upgrade The committee discussed the upgrade and whether it would be a cost-effective use of funds due to the fact that there are only a few events in the park each year Ms Moreno also stated that she supported the actlwtles listed ~n option five except the bicycle path Ms Colonna commented that the committee had discussed letting the neighborhood demde about the b~ke path Mr Touraine added that the City had some funding to do bicycle lanes and that the neighborhood P~e77 needed to dec,de where they wanted the parking taken away Mr Touralne stated that he supported option one including completing the McK~nney sidewalks and doing the electrical upgrade at Fred Moore Park Ms Sttnnett indicated that she was hearing a lot of agreement on the McKlrmey Street sidewalks Ms Fox stated that she supported providing add~tional funds to the City's HAP and HIP programs and funding the rest of the McK~nney s~dewalks Harry Bell said he would also like to complete the sidewalks If the committee ~s going to recommend that the s~dewalk project be done then it should all be completed Ms Ferstl stated that ~fthe committee sets aside the additional $52,875 for the McKmney sidewalks, $25,125 would be avadable to spht between the City's housing programs, HAP and HIP Ms Colonna asked Mr Bell how badly outlets are needed in Fred Moore Park He responded that when there are events, they are needed very badly Ms Colouna asked him about the basketball court Mr Bell lndmated that it was in pretty bad shape Ms Stlnnett noted that the PARD staff stated that the basketball resurfactng was not a priority for them Ms Colonna stated that she felt everyone was in agreement about the McK~nney Sidewalks Mr Tourmne asked if someone could restate the basis of the committee's decision not to do anything about the turn lane from Bell onto Prmne Street Ms Rodnguez-Garcla stated that Engineering staff said It would cause problems for traffic flow on Bell Avenue Mr Urblna added that the study completed lndmated that a turn arrow wasn't needed Mr Bell stated that the Simmons Street - Dallas Drive intersection was where something really needed to be done Mr Urbina discussed the posslbxhty of dmng only two sections of the McKmney project Members discussed th~s possibility They decided the entire project should be completed Ms Ferstl suggested that the committee recommend the entire McKlnney sidewalk project, providing all funding requested to City County Day School for renovations and splitting the remainder of $11,125 between the City's HAP and HIP programs Jorge Urbtna made a motmn suppomng Ms Ferstl's suggestion Ed Touratne seconded the motion The motion was approved unanimously Ms Ross updated the members on the upcoming City Council meetings where their recommendations would be discussed The meeting was adjourned Page 78 Official Minutes Human Services Advisory Committee Meeting January 22, 2001 Community Development Conference Room Members present: Peggy Kelly, James McDade, Wallace Duvall, Ten Rheault, Ehnor Hughes, Carol Brantley Members Absent: Bcttye Myers, Kent Miller, Betty Tombouhan, Audrey Bryant, Mae Nell Shephard Staff Present Dan Leal and Anita Ferguson Dr Duvall 9alled the meeting to order at 6 35 p m Dr Duvall suggested that the Committee start with ~tem two on the agenda, s~nee there was no quorum present Mr Leal talked about the Emergency Shelter Grant appheation Last year the c~ty wrote its continuum of care plan That committee eontmuas to meet several times a year Several agencies h~d approached the C~ty of Denton to be the lead in applying for the grant Last year Hope, Ine and Denton County Friends of the Family applied for the Emergency Shelter Grant The Salvatlon Army also apphed separately Last year none of the ageneles were funded This year the agencies agreed to apply jointly The City vail submit the application, and each agency vall put in a part of the appheatlon The Salvatmn Army joined the other agencies asking for funds this year The request will be $85,000 - $95,000 Ms Kelly asked if the grant would increase the number of beds av~ulable Mr Leal stated he thought it ~ould not add beds There is stiff competition for the funds Denton is included with Dallas and ,Tan'ant counties Four agencies will be on the same appheatlon City Council will look at it on February 6 Ms Hughes asked how our ratio of beds to population compared to Dallas and Ft Worth Mr Leal stated he thinks our ratio is not bad compared to the other cities The appheatlon is due February 21 A decision should be made by mid-March It is a one-year grant Lewisvflle has no shelter, although they are talking about estabhsh~ng one The City of Lew~svflle and the City of Denton developed a continuum of care plan and are now working off ajmnt plan Mr Leal stated there would be a homeless count in Denton and Levasvflle, They are working with a group at TWU A count will be done at the shelters and the outdoor n~n-sheltered locations Mr Leal stated that homeless people had been spending mghts behind the~elwyn School Mr McDade stated their shelters behind the Selwyn School had been knocked down Mr Leal stated there were also some people staying at the 380 flea market and near the creek on Hmkle Under the bridge near Home Depot was another location Some people also sleep in their cars in the parks The souo kitchen can identify some people during the day Ms Kelly stated there is no way to .... ,~ or~r~flF, el~,nmo rm mmec~ ' or The souo kitchen gave out 50 blankets before ....................... ~ .......... ne S 40 _ _ ChristmasI Mr Lea~stated there is a bzg problem of potential homeless in th~s area Families are living double and triple m someone's house People are more inclined to go to shelters during the wraterI Ms Kelly asked ~fthe people taking the count are comfortable going o,ut at n, lg.ht Mr Leal stated that the police department in Lewrswlle would be going out in ciVilian ctotl~es to Page 79 help with the count An agency person will be partnered with each student The lake area vall be difficult Mr McDade asked if the people around 1-35 at night are transients Mr Leal stated the best way to do a count is to do it on one particular night Mr McDade stated transients might spend the night in apartment laundry rooms The homeless count will be done on February 27tI' in Denton and Lew~svtlle Mr Leal stated he has already drafted the new continuum of care plan Both cities agreed to do a joint plan The Committee discussed the one-stop-shop concept Dr Duvall stated that a few members of the one-stop-shop committee had vls~ted Dallas The Meadows Foundation has a place on Swiss Avenue The building was formerly a drug and prostitution hang out Some houses have been renovated and there ~s a new building Arhngton built three buildings that are now one connected building They have a fantastic set up Committee has an appointment to take a group there on February 2 at 10 a m The City will provide vans They will leave Denton at 8 30 a m Departure will be from City Hall Interested committee members should call Mr Leal The Committee has reviewed a one-stop-shop in Amarillo They get a number of servmes for a very low fee Arlington has a very respectable place Denton would have a place they would be very proud of, if they could duplicate the Arlington famhty Dr Duvall and Jorge Urblna are investigating the possibilities Dr Duvall stated that UNT would help with a business plan They had visited the Meadows Foundation A gentleman at the Meadows Foundation offered to help w~th the appheation to apply to Meadows Foundation for funding The Meadows Foundation helped three t~mes down in Arhngton and Tarrant County Ms Rheault asked about a time hne Dr Duvall stated they had.lust started working on a business plan The City of Denton's part would be to administer paperwork, if the grant was awarded Dr Duvall asked if the Committee had any changes to the m~nutes of the October 23, 2000, meeting Ms Kelly made a motion that the m~nutes be approved as written Mr McDade seconded The Committee unanimously approved the minutes as written Child Care Ms Hughes stated that w~th the poss~bthty of Federal matching funds being available for chddcare, a subcommittee was estabhshed to discuss how the money might be used The committee met twice Ms Hughes stated that they had a lot of difficulty understanding what the City of Denton could do Unfortunately, there were only four conumttee members present at the second meeting Ms Hughes asked if there are specific questions Ms Hughes stated that the fact that the City of Denton allocates through general funds and CDBG funds $133,700, makes us eligible for a pot of money and few people are applying for a share of the pot There are two possibilities One option ~s that the City would get over $80,000, no strings attached If chosen again next year, $80,000 would be added to what is already being spent and we would qualify for more Ms Kelly asked if they could brad it to chlldcare The second option would bnng more money back into the city It would be $205,000, but the committee would not get to say whom the money went to It would automatically go to CCMS They take apphcat~ons and certify families to receive assistance Ms Kelly asked what past experience has been Ms Hughes stated CCMS seems to be dmng a good job Ms Kelly asked if anyone quarrels with CCMS's eligibility rules Mr Leal stated that the NCT Workforce Board would set the standards Ms Kelly asked if we could set our own standards Page 80 Ms Kelly stated that some of the money would have to go to admImstration costs, which would not happen with the second option Ms Hughes stated that she felt option two would be the only way to go , CCMS allocates the subsidy for the family Option one would not give enough leverage to,do chfldcare ~n evenings and on weekends Ms Hughes stated they looked longingly at their own plan It occurred to them that there might not be additional dollars in a second year That being the case, they felt they needed to make the decision to recommend option two Ms Rheanlt asked lfCCMS would spend all the money they would be given They felt sure they would have no trouble allocating $205,000 Ms Kelly asked why someone might not be eligible Ms Kelly stated that w~th the efforts and potential for misjudgmg situations, $80,000 would not be able to do that much Ms Kelly agreed that option two would be the best thorne, going with CCMS which ~s already set up to handle such funding Ms Rheault asked lfth~s scenario would be rewewed again next year CCMS contracts w~th North Central Workforce Ms Hughes stated they needed to find who the person ts who is on the Workforee board, and meet wah them to talk to them about chfldcare Dr Duvall~suggested that they find out who is on the Workforce Board and ask how money is allocated and spent Ms Kelly made a motion that option two be chosen, Ms Rheault seconded Motion passed Ms Hughes stated that Joanne Englebrecht suggested a taskforce be created to look at the availability and quality of chfldcare Ms Hughes stated there is a h~gh rate of turnover in the daycares, and that that profession is tmderpmd and under appreciated Dr Duvall stated CCMS should be able to give information on the length of the wamng list Ms Hughes stated there was no chfldcare avmlable at night, and that there were not enough beds for ~nfants Ms Kelly stated that even ffthose items cannot be addressed, just adding to the availability of assistance would be helpful Dr Duvall stated that Bettye Myers ~s on the Board of Denton City/Co Day Care Ms Hughes stated that the quality of care at Fred Moore and Denton City County is probably the best Ms Hughes stated that they need to have a plan ~n place to be ready, if funds do become avmlable Mr Leal stated that the meeting ofchfldcare providers was well attended Then they formed a smaller group Dr Duvall stated they could either meet w~th CCMS staff members or board members ~Dr Duvall asked when the funds would be available Mr Leal stated that he needed to find out if it needed to go before City Council The money will be certffied retroactive to last October 1 Dr Duvall stated that the money would go to CCMS, not the City of Denton, but that CCMS would honor the committee's recommendations Ms Hughes stated that it would not affect the $133,000 already funded Dr Duvall asked if the Committee would consider Fred Moore and Denton City County It would not ,have an effect on the funding that passes through the committee Mr Leal stated that at could be done agam next year The committee suggested they needed to come up with a plan on how to spend the funds Ms Kelly stated that a plan would not help Fred Moore and Denton City County because they had no openings The funds will help someone that could not afford day care without this assistance Dr Duvall asked if the committee wanted to meet with staff people Ms Hughes stated she didn't think they had a clear plan yet Ms Rheaalt asked ~f CCMS could use some of the funds for the daycares to increase salaries of staff Ms Hughes stated ~t would have to be used for d~rect chfldcare Ms Hughes stated that they have a Page 81 suggestion ready for the next meeting Dr Duvall stated they needed to state their concerns about evening and weekend daycare Mr Leal reminded the Committee that funding applications are due Friday All agencies have been trained and know that what they turn In will be the final application All the agencies have seen the scoring sheet Ms Kelly asked if there were any agencies that did not attend the training Mr Leal stated that they had all been trmned Mr Leal reviewed the list of agencies that requested applications Dr Duvall asked the Committee to review the scoring sheet Applications will not be returned for corrections Ms Kelly asked if Mr Leal was asked to review the applications before they were submitted He stated that several agencies had asked him to review their applications Ms Hughes asked if Mr Leal would review the applications before they were turned over to the Committee Mr Leal stated that if one were turned back, then it would not be fair to the others Deadhne for declslons Is the middle of March The Committee will review eight apphcatlons at a time The committee would set a deadline for scoring sheets and then a final meeting to discuss the recommendations Ms Kelly asked for more time at the front end Scoring sheets are due to Mr Leal on February 12, 19, 26, March 5 The Committee will meet on March 12, 2001, to make its recommendatmns The next meeting is scheduled for March 12, 2001, at 6 30 pm Meeting adjourned 7 50 p m Unofficial Minutes Human Services Advisory Committee Meeting March 12, 2001 Community Development Conference Room Members Present Carol Brantley, Ten Rheault, Wallace Duvall, James McDade, Peggy Kelly, Bettye Myers, Betty Tombouhan, Ehnor Hughes, Kent Miller, Audrey Bryant, Mae Nell Shephard Staff Present Barbara Ross, Anita Ferguson, Dan Leal Dr Wallace Duvall called the meeting to order at 6 32 p m Ms Kelly made a motion that the minutes from the January 22, 2001 meeting be accepted as written Mr McDade seconded Minutes were approved as written Dr Duvall asked Mr Leal if she had received any public comments Mr Leal responded that no public comments had been received Page 82 Dr Duvall explained that the purpose of this night's meeting was to make final decisions on recommendations to the City Councd regarding funding requested by the human servme agencies ~ Dr Duvall gave an overview of the scoring sheets and the spreadsheet that was used to score each agency He asked the Committee how they wanted to approach making the funding decision on~ each agency Ms Kelly stated that she would like to make a motion that they adopt a bias She smd more money was requested than was available and there are two new agencies that had scored h~ghly and had requested funding Dr Duvall Suggested that the Committee talk about the scores He stated that just because he scored an agency highly, didn't mean that he wanted to fund them It just meant that they had a good application Ms Hughes stated that they had three very good applications from three very good day care centers She asked, "what if next year they have four £rom four daycare centers9 Does that mean the Committee needs to dec,de to put a certain amount into daycare9'' Ms Shephard stated that chlldcare was really necessary Ms Hughes asked if the Committee wanted to put an unlimited amount of money into daycare Ms Tombouhan stated that after the Committee made their recommendations last year, she spoke with four of the C~ty Council members stating that she believed that 1% of the c~ty budget should be for human services She asked lfth~s was the t~me to approach the Council about this increase She asked flit was proper procedure to petition the Courted for this increase Mr Leal stated that the C~ty is starting their budget proposals for the next year Ms Ross stated that the Committee could make whatever recommendations they would like at this t~me Ms Tombouhan stated that human services, just like the infrastructure m the city, is important Ms Ross stated the Committee is on the work session agenda for C~ty Council on April I0 Dr Myers stated she had a hard t~me distinguishing between an eight and a ten in the seonng She explained that she d~dn't necessarily want to g~ve the agency a lot of money just because they score h~ghly Ms Kelly stated that they would then be back to zero If the Committee decided they don't care about the scores, then each agency would have to be d~scussed Dr Myers stated she had put ~n a question mark on some of the scoring sheets Mr Leal stated that most of the scoring sheets had a number He stated that most of Dr Myers' sheets had scores MS Hughes asked Mr Leal if he received only nine scoring sheets back, was the total was divided by nme Mr Leal answered that m that s~tuatlon he would have dlwded by rune Ms Ross asked what 1% of last year's budget was Mr Leal answered that the Committee allocated 86% of the total city's budget for human services This amount Included CDBO funds Ms Tombouhan suggested that the Committee calculate what 1% of lasts year's budget was Dr Duvall suggested that the Committee members attend the City Council work session on April 10 and talk to their council members Ms Shephard asked when decisions had to be made Ms Ross stated recommendations needed to be made this week Ms Kelly made a motion that the decision be made according to the scorings Ms Shephard seconded Ms Hughes asked if they use the scores, do they draw a line and fund those above the line Ms Kelly stated that the scoring was to be used to dec,de how much each should get Page 83 Ms Kelly stated that the scoring sheets should be used for a basis Ms Hughes asked if any of the agencies that received funding last year did not apply this year Mr Leal stated that TWU Cares was not given funding last year and did not apply this year Ms Ross stated that the Community Development Advisory Committee reviews applications from the top of the list and decides full or partial funding, going down the list The Committee agreed that they review the apphcants starting from the top of the list down to the bottom Ms Kelly suggested that the agencies that scored below 80 not be discussed Dr Myers asked if the Owsley Community School was eligible to receive funds Mr Leal answered that it was incorporated and was waiting for their 501(c)3 Dr Myers stated they had no track record, since they are new She asked that it be discussed before being funded The Committee agreed to set aside Owsley Community School for discussion later in the meeting Ms Hughes stated that next year the Committee set aside the highest and lowest score She also mentioned that the scoring system allowed an agency to place lower on the list if they received only one very low score She explained that the Family Resource Center had lost 10 points by receiving a zero rating from a Committee member Ms Kelly asked that whoever had such a strong feehng express what they know that the rest of the Committee didn't know Noone offered an explanation Ms Kelly asked why some agencies were scored so low Ms Ross suggested that the Committee begin to review each agency from the top of the scoring hst to the bottom The Committee recommended the following funding Fred Moore Day Nursery School $38,000 No dlscussmn Interfaith Mimstrles $17,250 No d~scuss~on SPAN $29,000 No discussion Denton Christian Preschool Held for discussion HOPE, Inc $30,000 No discussion HelpNET Held for discussion Denton County of the Friends of Family $36,000 No d~scussion Page 84 AIDS Services- Nutrition Program $15,000 Ms Tombouhan suggested that growth ts a criteria and requested council to increase the allotment to this program Ms Bryant stated that food and asststance is more ~mportant than a director's salary tn the program Owsley Commumty School Held for discussion RSVP $7,400 No dlscusszon CASA Sg,000 No dlscussloll Fmrhaven,(Homemaker servtces) $7,500 The Commattee briefly discussed that Falrhaven had not used all the funds from last year's request Denton Ctty County Day School $35,000 Dr Myers stated that she ts on the Board of Directors of Denton City County Day School and that no one on the board knew that staff got an hour break for lunch She explained that if someone d~dn t show up for work, someone else is asked to cover for them They dtdn t realize that they were to be paying the extra time at time and a half Thas caused a shortage ~n the budget She stated that their request was to help pay for two full-time teachers Commumty Food Center $3,000 No dlscusston Boys and Girls Club $12,600 Mr Leal explained that the new Boys and Girls Club dtrector decided to provide services for the full year ag Owsley Last year the request was for a partial year He stated that the PARD Owsley pr6gram and the Boys and Girls Clubs were trying to work together After a short dlscusslonithe Committee agreed to fund them at $12,600 The Comn~tttee dtscussed the Parks' programs The questmn was asked why the C~ty didn't fund the Parks' programs The Committee d~scussed the reasons why Human Services funds were requ6sted Dr Myers stated that a $5 fee would be charged for each child She stated that there might be five children in a family, which would be a hardshtp for some families She suggested ~hey charge on a sliding scale Ms Tombouhan stated that the Boys & Girls Club had lost part ofthetr funding and that was the reason for the increase ~n the request The executtve director's salary was d~scussed The Committee agreed not to fund both programs and that the Boys and Girls Club will need to make the decision of whtch program to have Page 85 After School Action Site frRAC $17,000 The Committee discussed that this program was chddcare and is in Category I Mr Leal stated they were asking for funds for two programs Mr McDade suggested that they be awarded $17,000, which would pay for two TRAC scholarships Ms Rheault suggested that make separate applications for each program if they apply again next year Dr Myers asked if the scholarships were distributed equally throughout thc action sites Mr Leal answered they were Ms Tombouhan stated that the Parks' programs charge $20 per day on teacher service days $4,000 was being asked for teacher in-service days The Committee agreed to discuss this again Owsley Summer Playground $12,600 No dlscusston Sickle Cell Disease Association $4,500 No discussion Denton County Children's Advocacy Center 0 Ms Tombouhan stated that she valued the agency, but that the executive director was making $52,000 She did not agree to give them $9,000 She stated that they had other sources of funding The Committee suggested that they not be funded The Committee had a problem with executive d~rector's salary The Committee agreed that the Advocacy Center received enough funding from other sources to operate The committee agreed not to fund this agency Kings K~ds Day Kamp $19,800 Ms Tombouhan suggested that the City Council be asked for additional funding for the Parks' programs Ms Tombouhan also suggested that thc Kings Kids Day Kamp be funded as requested Dr Myers had a question about the numbers served Denton County MHMR - SIERRA $9,000 There was discussion regarding the Denton County MHMR Board of Directors' minutes, which were sent to Committee members Dr Myers stated that the audit did not fairly report what was reported to the state office Dr Myers stated that as a member of the Committee and being a member of the MHMR board, she had asked Mr Leal to contact Mr Drybread at Denton County MHMR Ms Kelly asked why it was staff's responsibility to follow up wher~Denton County MHMR had sent the information Ms Kelly asked why Dr Myers didn't send the additional information to Mr Leal Mr Leal suggested they ask that MHMR follow up w~th additional information He stated that he felt the Committee should have the information Mr Leal stated these are additional programs not core services Mr Leal stated agmn that the audit showed that there is a concern about the future of the agency Ms Ross stated that she had not understood that Mr Leal was requested to contact Bill Drybread at Denton County MHMR and that she had ~ndmated to Mr Leal that no further action should be taken The Committee discussed awarding the funds to Denton County MHMR if there was a chance the agency might not survive Mr Leal stated that MHMR is a governmental entity, but the state would help it through the time if it could not survive on its own Ms Hughes asked if the Committee denied the $9,000 requested, would the program close Ms Tombouhan asked if the money would come back to the City Mr Leal stated that payment was on a reimbursement Page 86 bas~s Mr McDade stated they should be awarded $9,000 The Committee agreed Dr Duvall asked ~fthe county had msponsththty to fund th~s program Mr Leal stated that they did not Family Health Care $30,000 Dr Myers stated that Family Health Care has a good reputation as far as confidentiality and ~s trusted by its clients Denton County MHMR- ASAP $14,000 Dr Myers stated that the Denton County MHMR board is concerned about the financial condtt~on of the agency and is reviewing the situation Dr Myers stated that the agency will not shut down and the board is working very hard to be sure that the chents will be cared for Ms Tombouhan stated that the City of Denton and the City of Lew~swlle are the sole fundtng sources for this program Salvation Army $15,000 Ms Hughes stated that the Salvatmn Army averages five people per night in their shelter Ms Kelly stated[that the maximum they can accommodate is thirty Their apphcatlon was discussed Ms Hughes stated that last year there was discussion about tying reimbursement to performanc{ If someone is turned away from the shelter when there is room, it is a pohey issue Mr Leal stgted that people need to be there between 5 - 6 p m m order to spend the night If a person stays more than five days, the stay has to be approved by the Captain Dr Myers stated there have been people that have stayed as long as twenty days Ms Kelly stated that the three to five days is pretty well held Ms Tombouhan stated that they requested $2,400 for maintenance for the tile floor The balance of the request was for salaries Mr Leal stated that the Committee is providing, some of the salary for the shelter manager Mr Leal suggested that the Committee consider fmldmg the Salvation Army on a reimbursement basis according to the number of shelter nights provided Ms Kelly stated that they need staffthere each day whether they have people there or not Adult Day Care of North Texas $15,000 The Comml~ee discussed that Adult Day Care had closed for a while during the prior year There had been some problems with financml issues Ms Ross assured the Committee that City funds were Csed for what they were meant for Dr Myers spoke highly of new director HelpNET $22,500 Dr Myers stated that she felt the salary for the office assistant was too high The Committee dtscussed that the person was bilingual and would be do:ng intake The Committee agreed to fund at $22,500 AIDS Services - Outreach Program 0 Mr Leal stated AIDS Services - Outreach Program was asking for an additional staff member Ms Kelly a~ked if this was the only funding for this program Mr Leal stated that there was one positron doing outreach and the request was for an add~tional staff member The Committee discussed tl~e application Page 87 Camp Summ~tt 0 No discussion Family Resource Center $7,650 No discussion REACH 0 Dr Myers stated that the $200 per hour charge for a counselor seemed excessive The Comm:ttee agreed Woman to Woman 0 No discussion Camp Fire 0 No dtscussion Owsley Community School 0 Dr Myers suggested that the Owsley Community School exist a year before being considered for funding Ms Shephard stated that she had a problem with another bilingual school She stated that DISD provided these services The Committee felt there were other programs available Mr Leal stated that DISD might be wflhng to go into the Owsley ne,ghborhood The committee agreed not to fund the Owsley School Program th:s year Denton Christian Preschool $30,000 The Denton Christian Preschool had not been funded m the past Ms Hughes stated that ffthe amount were cut, they would not be able to do what they wanted to do Ms Tombouhan stated that their apphcation showed that 71% of their walttng hst did not receive services With the funding from the Human Services Committee, an additional twelve children could be served The Committee's total recommendations were $38,760 over last year's allocattons Ms Tombouhan suggested that the recommendattons be submitted as totaled, requesting that City Council make up the increase over last year She suggested that a letter accompany the recommendations to the C~ty Counctl, stating the reasons for the increase in the Committee's recommendations The Commatee agreed Ms Ross recommended that the Committee suggest that if the councd wanted to reduce the amount awarded, that the recommendations be sent back to the Committee for rewew Ms Hughes suggested that each committee member contact thetr City Council members stating the reasons for the ~ncrease of $38,000 Ms Kelly suggested that tt be explained that a low-income day care was being funded that had not been funded before With the chlldcare grant matching funds, it would bring in additional chfldcare funds for the c~ty The additional $32,000 could be an additional $55,000 for day care Mr Leal explmned that the C~ty of Denton had entered into a Local Imtmtlves chlldcare agreement with the North Central Texas Workforce Board The commumty ~s ehg~ble to receive addtt~onal chddcare dollars from the Texas Workforce Commission through the North Central Page 88 Texas Workforce Board, because the City of Denton allocated local funds for chtldcare Dr Duvall reminded the Committee that there was $4,000 more from CDBG th~s year over last year Dr Duvall stated that the Committee was appointed to make the reeommendatmns for the C~ty Council Ms Hughes stated that when she was on counctl, there was no committee and the councd made the demstons Dr Myers stated that if the Committee can explatn that the ~ncrease was fundmg the Denton Chnstmn Preschool, the council would hopefully not choose to cut the funding, especmlly wtth the addtttonal funding for chddcare that wtll be brought ~n as matching funds Ms Hughes stated that the d~fference between 086% and 1% ~s $19,700 Ms Ross stated that 1% of the general fund would be about $400,000 Last year 46% of the general fund budget went to human servmes not 86% The 86% tncluded CDBG funds Ms Tombouhan suggested that, m the future, 1% of the general fund budget be requested on top of the CDBG funding that ts received Ms Kelly stated w~th the increase tn population, the human services allocation should be tncreased Meeting adjourned at 9 15 pm P~¢89 LEGISLATIVE POLICY STATEMENT DENTON COUNTY COMMISSIONERS COURT 77TH LEGISLATIVE SESSION SUBJECT. HB-3323-County ~rensportat~on Authority DATE: April 3, 2001 Denton County ts one of the fa~test growing counUes In the statc growing 58 percent mnce the last Census Thc rccord growth has brought some challenges to the transportation system m the county Local officials arc worlong vcry hard to ensure proper transportation needs of the citizens, however, it is hme to start looking at addmona] modes of transportation DENTON COUNTY SUPPORTS HB 3323 WITH THE rNT~NT TO CREATE POWERS TO ORGANIZB, MANAGE, OR CREATE A REGIONAL COUNTY TRANSPORTATION AUTHORITY BY AN AUTHORIZED ELECTION ONLY Approved by thc Denton County Comrmss~oncrs Court RESOLUTION NO. 2660-~-2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEWISVILLE, TEXAS, SUPPORTIING LEGISLATION TO CREATE A COUNTY REGIONAL TRANSIT AUTHORITY. WHEREAS, the City of Lewlsvllle, City of Denton and Denton County have historically provided subsidized transit services for their residents, and, WHEREAS, the City of Lewlsvflle and the City of Denton have been receiving federal funds to provide transit services for their respective residents, and, WHEREAS, tratlslt needs for the relpon are ~rowlng beyond locally structured service, and, WHIIRI~AS, it would be both financially and operationally beneficial to Denton County. the City of Denton. thc City of Lcwisvllle and other Denton County cities pamclpnting current transit programs to create one entity to satisfy the transit needs of the area, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LEWISVILLE, TEXAS, THAT THE CITY OF LEWISVILLE SUPPORTS LEGISLATION TO CREATE A COUNTY REGIONAL TRANSIT AUTHORITY DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LEWISVILLE, TEXAS, ON THIS THE 19TM DAY OF MARCH, 2001. APPROVED: lVlA¥Ol~ ! "' RESOLUTION NO. 26~0--3=200! (~R) Page 2 ATTEST: Marry Hendrix, T~MC/CMC, CITY $1~RETARY APPROVED AS TO FORM: R~nald J N'~'~qafi, CITY ATTORNEY Ants Alternative ant controls: Mechanical barriers for the home lake caulk vacuums; or stacky barraers lake Tanglefoot and St~ckem, Teflon barraers lake those sold by ARBICO, Bozeman and Consep, and sticky tree wraps lake Staky Tree Guards for the landscape. Insect -attacking nematodes from the Steanernema or Heterorhabd~tas species, or parasitic mates l~ke Pyemotes trataca sold by ARBICO, Baofac and Praxas. Aba~ectan l~ke Ascend. Borate-based dusts lake Bored, Perma-Dust, and Mop-Up; or Borate baits like Drax, Naban, V~ctor, and Bushwhacker. Daatomaceous earth (DE) wath pyrethrans l~ke Permaguard, Insecto, Concern, Insectagone and SureFire. Insectacadal soaps wath pyrethrins or catrus o~ls lake Rose and Flower Insect Control and Safer Yard and Garden. Pyrethrans like Kacker, Bug Buster O, and Capsul-Ban. Garlac sprays lake Garlac Barrier, ENVIRepel and Garlac Gard. Salaca aerogels wath or wathout pyrethr~n lake Cab-O-Sal, Draone, and Tra-Dae. Raise public awareness of the Issues Trade off between neat and clean parks as lawns or more natural meadows Post sagns making c~tazens aware of the s~tuataon: "Pardon our weeds: thas as an envaronmentally fraendly public space" We have local folks that are knowledgeable on alternataves to these chemacals; Howard Garrett- Frlto Lay Flre Ants FIRE ANTS Cor~non Name - Fire Ant, Imported Fire Ant, Red Imported F~re Ant Scientific Name - Order - Hymenoptera, Family -- Form~cidae, Solenopsis ~nv~cta FIRE ANT CONTROL - THE NATURAL WAY Neither toxic poisons nor chemical growth regulators are necessary to control f~re ants. The concept of A&M's new two step recommendation has one fatal flaw. It doesn't work. It's the same program that has been being used for years, and fire ants st~ll rule. I know -- used to use that program myself. The so-called #Earth-Kind" approach ~s to treat the site w~th baits then the mounds with contact poisons. The specific reconunendatlons are to douse the mounds with the toxic chemicals like Orthene, an acephate that ~s water soluble. Thas and other lab-created poasons such as diazanon, Dursban and malathion are contam~natang our soal and water supply. The baits, Logic and Award, are now listed by the EPA as probable carcinogens. A totally organic approach works better and creates no contamanataon to the user, the soil, the air or the water. To control fare ants and other pests l~ke fleas, termites, chinch bugs, t~cks, crickets and grasshoppers, try th~s. It won't hurt you and you'll see great results. Step 1= Spray the site w~th Garrett Juice plus orange or d-lamonene at 2 ounces per gallon of spray. Homemade c~trus oil can be made by soaking citrus peelings ~n an equal amount of water for 10 days to two weeks. Adding garlic-pepper tea makes the spray even more powerful. Th~s same spray w~ll also help control aphids, white flies, and mosquitoes. It wall also k~ll benef~clals so don't use unless pests are a problem and don't use more than the recom~aended rates of any of the citrus concentrates or task burnang plant foliage or even k~lllng plants. Step 2= Treat mounds with a drench of manure compost tea, molasses and catrus oal. Commercial products are available that contain these lngredaents. The homemade concentrate includes equal parts of compost tea, molasses and orange oki. Use 4-6 ounces of concentrate per gallon of water. Commercial products include Garden-Ville Fare Ant Control (Soil Conditioner) and GreenSense Soil Drench. Step 3= Apply beneficial nematodes on problem areas. Be sure to apply these living organasms wlthan the date deadline. They do have a shelf lafe. Step 4: Spray the sate at least monthly with Garrett Juice which is a mixture of manure compost tea, seaweed, natural vinegar and molasses. Long term thas as the only step necessary. Not only does this progra~ get rad of fare ants, they usually stay gone. [EE'R'-°-°-°-°-°-°E~ey-:R~l~et~i~lty ~d°P~ts P°.!lc~ that neighbOr~°°~ ,mprov6ments w0! .h~..e t0~.be"~b,6 through PIDS ---~. _ '~i. _P~ge 1 L From "Lewis F McLaln, Jr" <lfm~cltybase net> To List Member <dorothy palumbo~cityofdenton com> Date 4/6/01 4 20AM Subject Rowtett city adopts policy that neighborhood ~mprovements will have to be done through PIDs Lewis F McLaln, Jr Projects won't get started yet Estimates are next step for PIDs in Rowlatt 04/06/2001 By Jeff Parish / The Dallas Mormng News ROWLETT - The policy's there, the people ara eager, but ~t's going to be a while before any bncks ara laid The City Council adopted a policy th~s week for public improvement distncts, glvtng the green hght to neighborhoods that want to beg~n the process to pay for special projects such as subdivision walls But they've still got a 10t of work to do '~/e're goillg to start walking the neighborhoods," said Momca Henderson, a representative of the North Rowlett Road Voluntaer Group "1 would say maybe a month, ~f that, before we can start" The holdup ~s finding out just how much the projects would cost Spinnaker Cove and several neighborhoods on Rowlatt Road, north of State H~ghway 66, want to Implement PIDs to build walls between subdiwsion homes and busy streets, but they need estimates of the costs before c~roulabng pet~bons for the projects A public improvement d~stnct is a way for a specific area to use the city's annual bond sales to pay for public Improvements such as fountains, hghbng, signs, sidewalks, road improvements, walls, pubhc art, libraries, parks and utilities A PID can be formed in two ways Either a majonty of a nelghborhood's residents sign a petition asking the city to form a district, or the c~ty initiates a district In the latter case, the district can be reJected by a petition Of a majority of the ree~dents Mayor Shane Johnson sa~d the council seems reluctant to ~nlt~ate PIDs "because that is the government telling people, 'This is what's best for you '" But the council might consider going that route ~n the Rowiett Road neighborhoods, he said, because a petition about two years ago showed Nde support for a wall Once a distdct Is formed, ~s property ownem must repay the costs - ~ncludlng construction, maintenance, engineering and adm~n~strative The assessments, based on square footage or property value, are lewed along w~th the yearly tax bill Property owners also cover unforeseen problems such as coat overruns, repairs and rebuilding And assessments can be adjusted to cover neighbors' delinquent payments Once a PID la in place, the payments aren't voluntary, even for those who opposed the project "PIDs historically have a h~gher delinquency rate than property taxes," Intenm C~ty Manager John Godwin said "Th~s is just another p~ece on your tax bill" Not everyone is thnlled with that idea Whitney Lanlng is glad the c~ty now has a policy ~n place for deahng w~th the requests, but he isn't sure he wants to pay for a wall along Rowlett Road '~/hen I made the decimon to move into the neighborhood, I d~dn't move because of whether it had a wall or not," said Mr Laning, who wews the proposed wall aa mainly an aesthetic enhancement He smd that increased traffic enforcement and a new traffic I~ght at Beech Street have already allewated most of the safety problem caused by traffic on the busy thoroughfare Ms Henderson expects some res~stanca to the wall but th~nks ~t would boost property values "If they don't want the property values of their homes to go up, that's their dec~sion," she said "1 want my property values to go up" Ms Henderson also se~d a concrete barrier to be erected behind or under the wall would help keep cars from crashing into back yards, which has happened in the past Because too much debt can hurt a c~ty's bond ret~ng and make it more expensive to borrow money, the council capped PID bond sales at $410,000, 10 percent of the city's annual total Ms Henderson se~d she recently was given an estimate of nearly $400,000 for an 8-foot-tall bnck wall along Rowlett Road That includes construction and engineadng, but she ~s wa~t~ng to ask Mr Godwin about administrative costs Mr Laning smd he rmght be persuaded to support the PID but wants more ~nformation before anyone brings him a petition to s~gn "1 don't think we have been properly informed as to what the group ~s trying to do and what the long-term cost impact ~s," he sa~d Just because enough neighborhood residents petition for a PID, that doesn't mean the project happens The City Council can accept or reject lEd Hodney - Rowlett city adopts ,polloy that natgl~bomoed improvement8 will hav~i~O 1:~-~5~_~i[~d~h-'FID~iI- i ~-i..~_ ..... page 31 any proposal Also, residents can revoke an approved PID State law requires a 20-day waiting period, during which a petition by two*thirds of the property owners can cancel a project To unsubscdbe, write to CityBaseArtlcles-unsubscribel~illstbot corn Oaks of Montecito Neighborhood Opinions FUTURE 13 How inter,,~_,,,d would you be In helping tole-Write ,the Oaks of Monteclto Covenants and Deed Restrictions? Very .~erested [~ 8omewhet Inter,ed f~T] Not very tmerested [ (e.] Not at sil imerested [ ~l 14 Thinking about the future matntenam~a~l upkeep of the neighborhood, how Important Is it to you that each of the following are done Very Somewhat Not Very Not At All ' important Important Important Important P, lantlng silmba/fl~around~ntranoeway$ [~[ ] [},.~] [ ~ ] Installing lighting =n entranceway signs [401 [qe] [ ltl [ ~) ] ' .' Maiat~r~ng~heH~kowCre~D,ve-r~rr~er~e. ea [~N [ 91 [~1 It4 ] Replacing theHIckory CreakDrlve - perimeter fence ....... ir)[ ] [j ~] [ t.,./] [ ~t ] PeatloNng to kaa,,ae the H~r. ow Creek D,~ .poo~ ~rea [V/I[[71 [~.i1 [ Wmldng 1~ i.d~dl ~ bumpe in the'neighborhood , [,?,~] [.~,~] [3ZI Very Ja~t~ [5'1 t ?omelet ~ I~t ] Not very-lmere~{/I ] Not at sil Interested [ ~] 16 How much ~J~ your household Ile willln~ to contribute each. m.onth towa,rds the expenses of 17 Iflsetmsarfse~f~m~'vey, would you be wlJllng to parlicioiat~ 18 Am-you ,~!!!~ tot,=,~ ~,,y. !_~_ Jes you may have~ntffiedin 19 How interested would you be in pafficJl)atlng in an Adopt a Park initiative? 2O CONTACT [NFORMATTON GIL~IvT~D T,D DE'~p If you would ttkeinformation on fature-rmtghbo~hoad~mnt~, please complete the following Name 8treat Address Telephone E-Mail Addre~r 'f~l~d~K YOU FOR YOUR FEEDBACKJ ' , Oaks of Montecito Neighborhood Opinions (Please complete both s~des) ] ~~~ t,~ ' ~ ' - VC T~Y 11 T~n~ ~ ~ ~~ ~ ~ ~ ~h~, ~ ~1~ ~ ~ ~ ~ ~t ~V~ N~I ~t~ ~ 8a~fl~ I/VA TER UTILITIES 901-A Texas Street Denton TX 76209 (940) 349 8452 Fax (940) 349 7334 To Mayor and Members of the City Council From Jim Coulter, Director of Water Utilities Date April 6, 2001 Re Letter fi.om Edward B Soph Recently a letter from Mr Edward B Soph (Exhibit I) was received by the City of Denton whmh commented on the City's approach to reducing the use of diazinon The letter focused spemfically on a recent brochure (distributed in several formats) concerning the use of diamnon w3thin the C~ty of Denton According to the USEPA, dlazinon is currently one of the most widely used organophosphate insecticides in the Umted States Although typical uses include residential lawns and gardens, other uses are common Some additional common usages include crack and crevice treatments at residences as well as other indoor structural treatments, and the apphcatlon to agricultural crops The majority of dmzlnon ~s used ~n and around residences or other non-agricultural settings The pesticide is registered for use on over 64 food crops (USEPA 2000,Pgl) The most common use ofd3azmon in our area is for the treatment of fire ants This pesticide has caused problems for at least 47 wastewater utdltles in 14 states (USEPA 1999, pp38-39), often where fire ants are most prolific The City of Denton has experienced such problems and recognizes the value of preventing the use of th3s pesticide Toward th~s end, the City has provided pubhc outreach about reducing the use of this pesticide since at least 1996 (Exhibit II) It is important to note that dlamnon ~s currently a legal pesticide that is sold without restrictions in our area It is widely recommended for use on fire ants, is cheap to use and is effective, thus accounting for its popularity Like Mr Soph, we look forward to the USEPA restrictions on the sale of dmzmon for outdoor res~dential uses and would never ~ntentlonally encourage the use ofth~s chemical However, the fact remains that dlazinon is used by residents throughout Denton Until Federal restrictions on the sale of this pestic~de are firmly ~n place, it is unhkely that residents will discontinue use In the most recent brochure titled "Get nd of Pubhc Enemy #1 and Help Protect Denton's Dnnk~ng Water From Pesticides" the City of Denton's ~ntent was not to encourage the use of the organophosphate pesticide dmZlnon As the title suggests, the intent was just the opposite However, since usage is unhkely to cease until restrictions are ~n place, the brochure was Intended to encourage wise usage to minimize pesticide impacts To accomplish this goal the brochure starts with four natural/low impact alternatives to pesticide usage For those citizens who will still use the pesticide the brochure ~ntroduces the category "If you must use pesticides, try the following "the brochure recommends purchasing only enough pesticide for one season's use and then suggests the application of 10 granules ofdlazlnon on a disturbed fire ant mound (Advertisements for the product suggest ½ cup per mound) Thus, the intent of our brochure was to reach those persons who feel that dlazlnon is the only solution to their problem and prowde a message that umng less than the recommended amount is better than using the recommended amount The next line in the brochure encourages citizens to share remaining pestmldes with neighbors or others ~n the area so that additional dlaz~non will not be purchased, over-apphed, or improperly disposed of With regard to the sentence that suggested shanng leftovers with neighbors and friends, we were following USEPA recommendations ~n this matter From the USEPA document Citizens Guide to Pest Control and Pesticide Safety, "The best way to dispose of small amounts of excess pesticide is to use them--apply according to the directions on the label If you cannot use them, ask your neighbors whether they have a similar pest control problem and can use them" (USEPA 1995 pg24) The City does not condone the use of any banned pesticides, as stated by the author The author, based on his letter, is aware that dmmnon is a legal pesticide since he references that the chemical will be phased out over 4 years and that sales must end by December 31,2004 for non-agricultural outdoor use (this information is further referenced in USEPA 2001, Pg 3) The City has provided slgmficant outreach in the community that has provided a clear message against the use of dlazlnon, as well as chlorpynfos (another organophosphate) Dlazlnon can be legally sold until December 31, 2004 We will continue to have a portion of our population using this chemical until restrictions are in place (and hkely for some t~me after) Although we cannot ban this pesticide from use, we can recommend a reduction in the amount put out (10 granules vs V2 cup) and encourage the use of other natural or low ~mpact solutions, th~s was the ~ntent of our brochure The author's comments do provide an opportunity to improve our pubhc outreach He recommended prowdmg a web page w~th natural or low impact solutions as well as appropriate d~sposal methods of excess pesticides or their containers This activity could also provide a forum to direct Interested citizens to other ~nformatlon sources regarding the ~ssues surrounding pesticides, such as the USEPA's pesticide web site or other government information sources A web site could also prowde additional information about related issues such as mosquito control, trash pickup events and other environmentally focused activities The author further noticed that a phone number to contact was omitted, whmh sometimes occurs when no additional ~nformat~on ~s available through the Pubhc Information Dept The Water Department will continue our pubhc education efforts concerning the use of hazardous chemicals and the protection of water quahty We share Mr Soph's concems about public health and the protection of the enwronment We wdl contact Mr Soph and discuss ways our public education program could be improved to increase ~ts effectiveness Reference C~ted and Web Links USEPA 1995 C~t~zens Guide to Pest Control and Pesticide Safety EPA 730-K-95- 001 Washington D C http//www epa gov/OPPTpubs/C~t Gmde/cltgmde pdf USEPA 1999 Enmronmental Risk Assessment for Dlamnon Washington, D C http//WWW epa gov/pestm~des/op/dlaz~non/efednsk pdf USEPA 2000 "Questions and Answers Dmz~non Revised Risk Assessment and R~sk M~t~gat~on Measures" Washington, D C http//WWW epa gov/pest~mdes/op/dmz~non/quest~ons pdf USEPA 2001 "D~azlnon Rewsed R~sk Assessment and Agreement w~th Registrants" Washington, D C http//www epa gov/pestm~des/op/d~az~non/agreement pdf Respectfully submitted, J~ulter, Dlrec~r of W~ter fBtl-fr~ From "Edward B Soph" <ebs0002@unt edu> To <pr@c~tyofdenton com> Date 3/21/01 10 50AM Subject M~s~nformabon from the C~ty of Denton Public Information Office and Denton Water Unbht~es About Pesbc~de Use I recently saw the Denton Water Uhl~bes ~nformabonal ad, "Get R~d of Public Enemy,1" in DENTON BUSINESS AND COMMUNITY NEWS, February, 2001 I commend you for your efforts to educate the public about the very real hazards of pesticide/herbicide use m the home and the yard However, your warnings are m~ld ~n comparmon with the actual dangers associated w~th the pesbc~des mentioned ~n your ad "Excessive chemicals" k~ll fish and other aquabc w~ldl~fe They poison and k~ll, they don't "harm" They poison our water, not "harm" ~t And what about what they do to us, especially our children? The ad says that pouring unused pesticides or nnstng containers down the dra~n ~s a "bad ~dea" Do you really th~nk that that ~nnocuous statement ~s going to deter someone from doing that? The text should read "DO NOT, UNDER ANY CIRCUMSTANCES, "Why ~s there no ~nformabon about what the pubhc can do to safely d~spose of unused chemicals and contaminated containers? Alternabves are offered to pesbc~des with the same superficiality as the warnings about the pesticides themselves There ~s no phone number or webs~te or ema~l g~ven for more reformation At least ~t could be presented as a "Good ~dea" to use alternatives to counter the "bad ~dea" of pouring the poisons down the dra~nl What really prompted th~s letter ~s your condoning of the use of D~azlnon The EPA announced on Dec 5, 2000 that th~s ~nsecbclde would be phased out over a four-year period Sales for products intended for non-agnculturel outdoor use must end by Dec 31, 2004 D~az~non ~s being phased out and banned because of ~ts terrible neurotox~c properhes to humans and animals It has already been banned completely from use on golf courses and sod farms So, why ~s the Water Department telling us "Try small amounts Place 10 granules of D~az~non ~n d~sturbed mound, sprinkle lightly (whatever that meansl) w~th water, allow 7-10 days and then check results '"~ And what does one do ~f the ants are still there? More D~azmon? Why are we told to use something that ~s being taken off the market because of ~ts environmental and human health hazards? Not only is the use of D~az~non condoned We are also exhorted to "Share your leftovers w~th friends, neighbors and local clwc organ~zabons "~ Th~s disservice to the public health ~s not acceptable and ~s a further example of the c~ty's lax enwronmental standards and stewardship Our parks are being poisoned with herbicides whose runoff then pollutes the waterways Our Water Department condones the use of a banned pesbc~de and soft sells the real dangers of such chemicals and ~n the same ad tells us that the Water Department cannot "treat D~aztnon, Dursban Atraz~ne and other pesticides "~ Denton Water Utilities offers that "Your acbons make a d~fferencei" I respectfully suggest that th~s utility and the Public Informabon Office which creates its information adverbsements take a look at their own actions which, at th~s point, are contradictory, ~neffect~ve, and an ~rresponsible assault on the public health of th~s community S~ncerely, Ed Soph C~bzens for Healthy Growth 1620 V~ctor~a Drive Denton 76209 CC. <water@mtyofdenton corn>, Carl Young <counc~ll @~global net>, Sandy Knstoferson <counell4~global net>, Rom Beasley <counc~15~global net>, Nell Durranee <dm'rx3~global net>, Euhne Brock <mayor~global net>, M~ke Cochran <mcochran~global net>, Mark Burroughs <markburr~global net>, Juhe Smith <juhe sm~th~mtyofdenton corn>, "howard martin" <howard mart~n~mtyofdenton eom>, Lancme Bentley <lancme bentley~mtyofdenton corn>, Ed Hodney <Ed Hodney~cltyofdenton eom>, Brenda Phdhps <brendaph~lhps@prod~gy net>, Conna Romas <corlna~dsa admm unt edu>, Gwendolyn Carter <carter~coefs eoe unt edu>, Dalton Gregory <Dgregory~denton lsd tenet edu>, Dale Yeatts <yeatts~scs cmm unt edu>, Don Edwards <dedwards~twu edu>, Use natural alternatives rather Zf you must use pestic;des, try then pestlctdes: the following. Try making compost tea w~th your own Purchase only enough pesticide for one compost or Dyno Dirt season's use based on your yarCs s~ze and recommended apphcat~on rates The use of boding water, soapy water, or a 10% wnegar solution ~s 90% effectwe (use Try small amounts Place l0 granules of m a child's play area) b~azmon m d;sturbed mound, sprinkle hghtly w;th water, allow 7-10 days and Try Beneficial Nematodes - rmcroscop~c then check results worms that destroy pests Share your leftovers w~th fr~eads, neigh- Try Logic ~M- o ba~t that causes the queen bors and local c~wc organizations to lay eggs which do not mature Always follow the d~rectmns on the label ter Utilities Our WateH Take it Personally! ~ ~ ~ ~ ~ Where can you help protect your water supply, ~ke ,,, ?~t~] D,nton more a. racttve, have fun with fnends, enjoy the outdoom, and earn scouhng badges too? At the Volunteers ~ ~ ~ * · ·. · Denton Community Drainage D~tch Cleanupl b~tch ~le~nup ...... · On March 25, as pa~ of the C~'s Raise the Bar Campaign and Keep Denton Beauhful s Great Amencan Cleanup, Denton Water Ubht~es wdl be holding a commumty-w~de drainage d~tch cleanup Although not a pa~cularly exmt~ng pa~ of our hves, drainage d~tches are a ve~ ~m~dant pa~ of our C~'s infrastructure The d~tches you see w~nd~ng through our C~ty are transpo~at~on channels for ram water to gua~ against flooding which ~n cau.e prope~ damage and m a seriou, safeW Issue N~¢dmg Ou~ Help * ~ ~ ~ ~ When clogged w~th debris and trash, these d~tches cannot do what they were des~gn~ to do and tlooding can result Trash ~n our drmnage d~tches, whether blown there by the w~nd or washed there ~ the m~n wdl also be transported by the ram water and deposited Into our drinking water supply resulting in water pollution These pm~ems, combined w~th the fact that trash ~n d~nage d~tches is an eyesore, make it im~rtant to keep our drain- age d~tches clean The cleanup ~s pa~ of a larger pub{~c awareness campaign aimed at educating Denton residents on watershed p~tect~on issues Through the Rame the Bar c~flzen survey, Denton citizens have help~ us Ident~ ten pa~lcular drainage d~tch sites around town that desperately need our help We are targebng all ten of these s~tes ~l~nup 5~tes... · · · for ourcleanup on Mamh 25 Pmz~s and ~o~e · · · · · · Registration begins at 8 00 a m, rain or shine, w~th cleanup act~wties ~een 9 ~ to 12 O0 noon All ~lunt~rs are invited to a~end the Great American ~leanup Lunch on ~turday, Apnl 1 at the C~vic Center ~rk, 12 00 noon The lunch Is spon.omd by Outback Stea~ouse ~ause thru Is also an ~cml Ci~ of Denton Rinse the Bar prell, all pa~mpants will get to a~end a celebration th~s f~l The cleanup is not just a~ut pi~ up garage, ~'s a~ut fun and ~mmun~ ~olveme~ too Wo~ng t~ether, we can make ~on a be~er place to live and help pmte~ our water supp~ ~d e~mnme~ Todoy · * * · * · · · · * * Call (~0) ~9 to sign up tod~ .~ a~ ~ Den llitles .... CITY OF DENTON SOLID WASTE DEPARTMENT tn cooperation w~th Keep Denton Beautiful, Safety Kleen, Fulton's Recychng, and ~cycle$~v,~ P. ex Resource Concepts announces its sem~-annual l' HOUSEHOLD HAZARDOUS WASTE/RECYCLING COLLECTION Saturday, April 1, 2000from 8 A M untd noon at the Ctvic Swimming Pool parking lot at 515 N Bell Avenue a ITEMS ACCEPTED IN HOUSEHOLD QUANTITIES. ~Adhestves (solvent based) alcohol annfreeze coolant artist s pmnts & medium, auto-pol- ish & waxes brake fired carburetor cleaner degreasers (solvent type) d~esel fuel fiber- glass epoxy floor care fimsh waxes fuel od fungicide furmture pohsh gasohne gasohne & od mtxtures (2 cycle) glue (solvent based) grease gun cleaning solvents, herbicides tasect~c~des kerosene bghter fired lubrmants (mi based) metal pohsh (w~th solvent) motor ods other ods & sotvents paint & paint waste paint brush cleaner (solvent) paint remover (non alkaline) p,unt ,,tapper (~olvent type) paint thinner primer transmission cleaner & fired turpemme varm~h & varmsh remover weed killers AND PESTICIDES ITEMS NOT ACCEPTED' Aerosols, algaecides, alkalis (caustic), battery ac~d, bug sprays, compressed gases, cor- rosives (acid or lye), creosote (wood preservative), drmn cleaners (caustic), driveway sealers, explosives, ammunition, firearms, fertilizers, gas cylinders, hydrochloric acid (muriotic), medical waste, moth balls, oven cleaners (lye), radioactive materials, rat poisons, roofing tars, swimming pool ac~d, swimming pool chemicals, & wood preset vatlves (phenols) AND ~ commercial/industrial waste I DROP OFF RECYCLING COLLECTION I ALUMINUM STEEL/TIN FOOD & BEVERAGE CANS OFFICE/NEWS PAPER MAGAZINES CATALOGS CARDBOARD GLASS FOOD & BEVERAGE CONTAINERS CLOTHING & GARDEN TOOLS ATTEmES y/Z l SMALL HOUSEHOLD PLU -IN APPLIANCES SUCH AS ] PERSONAL COMPUTERS AND HARDWARE COMPACT DISKS TOASTERS BLENDERS TV SETS & MICROWAVE OVENS (No refrigerators washers dryers or similar Rems w~th freon or FCB) For more mformat~on call the Sohd Waste Department at 940 349-8420 HOUSEHOLD HAZARDOUS WASTE COLLECTION YES NO E L NOT ACCEPTABLE LIST \ Adhesives (solvent based) Aerosols Alcohol Algaecldes Antifreeze coolant Alkalis (caustic) Artist's paints & medium Battery acid Auto polish & waxes Bug sprays Brake fluid Compressed gases Help Protect benton's br,nk,ng Water ,from Pest,c,d sl People will do just about an/thing to get r~d of fire ants, ~ncludmg troat~ng the mounds with too many chemicals that can do more harm than good Excesswe chemicals can tmpact water quahty ha~mmg plants and animals ~n our creaks ar~ Lake Lew~swlle Water pollution can corrm from several sources Pesticides and herbicides can cause wate~ pollutmn that flows from the curbs through the stos-m drams and *nra the c~esks and lakes However m some cases water polluttan c~n seep through old son,tomy sewer hne~ and flow d~rectly ,nto our Water ~eclamatton Plant (wastewater treatment plant) The presence of th~se chemicals requires add~t=nal and expensive momtanmg end testing to meet new EPA regulations Although our Water I~eclematlon Plant ( westewate~' treatment plant) effectrvely treats conventtonal wastewater pollutants we a~e unable to treat b~az,nan Dursban Atroz~ne and othe~ pesticides Compost or Dyno Dirt tea · godmg voter soapy wate~ or a 10% vinegar solution are g0% effective (use in a childs play o~ea) · 8enef~clal Nematodes - m~croscop~c worms that destroy pest · Logic - a bo~t that causes the queen to lay eggs, wh*ch do Purchase only enough pesticide fo~ ane season s use ~7/~ Try small amounts Place 10 granules of d~azmon ~n d)sturbed mound sprinkle hghtJy w~th wate~ allow 7-10 days and then check r~sults 5ha~e your leftover~ with a neighbor church o~ othe~ o~gamzatlon that can benefit from your generosity Take your leftover chemmcals to one of two Hazc~dous Household Waste Collect)on Days The next collection day ,s Aped Produced by Utilities Public Communications 03/00 ADA/EOE/ADEA www cl~yofdenton People wdl do just about anything to get of frae ants mclud,ng treating the mounds w~th too many chemicals that can do more harm than good Excesswe chemicals can mpoct water quahty harming plants and animals ~n our waterways and ultimately our dr*nk~ng water Pour~n~ unused pesticides or r~nse wot-- from conto~ners or apphcatars down drmn ss a bad *dea The presence of these chemicals requmes odd*tmnol and expees~ve man,tar*rig and testtng to meet new EPA regular,oas Although our wastewatar treatment plant effectively treats convent*anal wastewater pollutants we ore unable to treat b~az~nan bursban Atraz~ne and other pastJc~des Your actions ma/~e a dsffere#ce/ Use natural alternatwes rather 'rf you must use pestm,des, tm/ than pest,c,des, the following Try making compost tea w~th your own Purchase only enough pest c~de for one compost or byno D~r't season's use based on your yard's s~ze and recommended apphcatmn rates The use of boding water, soap water o 10% v,negar solution ,s 90% ~fYfect ye (~ Try small amounts Place 10 granules of in a chdd's play area) - D~az~nan ~n disturbed mound spr,nkle hghtly w,th water allow 7-10 days and Try geneflc~al Fdematodes - m~croscap~c then check results worms that destroy pests Share your leftovers w~th friends neigh- Try Logic ~a- a b~l~t that causes the queen bors and local c~wc argamzat~ans to lay eggs which do not mature L~ i A d'rect,ans an the label ~,,,~,~.... ~o. ^~,~o~^o~ Water Utditms ~lL~..~DENTON~A ~~ --~-~-~ WATER UTILITIES, Dent°u's ~im~ ~ver Awarenes~ ~hFCleanup ash Bash Tha you for vol teenng ' ~e would hke to thank all of our Trash Bash volunteers for ~elr h~lp t~ ~n~ ~ent6fl'g ..... volunteers w~~~ ~ ~~ 314 hags of ~aa, l[a~ t~veral ve~ interesting objects ¢~%T~d up [o~Seoflw~d~mZsb~ / four ~amage &tches ~d ~'~ge %%( ~ Rob~ Ba~amo -TRINIW- pomon of the l~e area ~Cl~ce Clarion N Da~ell Baker / De~t Itles TMs ~oup ~uled m ~o flatbeds ~1 of ures~ Clean It L~ You Hean I0 Beautiful P~uc~a by Pubhc tafo~auon K~enton Th~ you for yo~ sup~I AD~EOE/ADEA Th~s event could not have been possible without the help of our sponsom %~ you Target and Wal-ma~ for yo~ suppo~ m helping ke~ Denton cle~ Herzard~u~ Coll~ion ~ent has be~ postponed un~ April 7, 200t~, For reformation contact the Sohd WaSte ~ ~¢ Department at ~¢ 349 8420 Msg~lnes ' . ~ ~umlnu~ ~~ntalne~ No Inlormoflon Office 10/~ www c~o~lnton ~m R~en~ Publit Information Offloe January Cable TV ~ Airing of "Water Cycle" k~ds video on C~ty Channel 26 three t~mes per week Events/Activities ~ January 11 - Dema Open House - reached 250 children w~th recychng and water pollution activity Y January 17- MLK, Jr Day - reached over 500 people ~ January 25 - Denton H~gh School Wastewater Plant tour - fourteen students ~ January 27 -Area Teachers Alhance Essay Contest - reached 150 Denton lSD students ~ January 28 - Boys' M~ddle School Choir Compet~bon - reached over 200 Denton lSD students Special Projects ~ Started working w~th KDB on the Great Amencan Cleanup and Household Hazardous Waste Collecbon Day scheduled for Apnl 1 ~ Started planning for C~ty-wlde drainage d~tch cleanup as part of Raise the Bar Campaign ~ Planned for Marbn Luther King, Jr act~wt~es ~ Audits/Calls In January, UPC fielded 97 customer calls, completed 7 water audits, and ma~led 2 ~nformat~on packets February Newspaper & Magazines ~ DRC - Stormwater protection ~ C~ty V~ews- March 25 Drainage D~tch Cleanup Cable TV > Ainng of "Water Cycle" k~ds v~deo on C~ty Channel 2(~ three times per week ~ Cable TV ad - proper use of Da~zlnon, Atraz~ne, and Dursban Activities > February 3 - Wastewater plant tour for twelve second grade boy scouts ~> February 5 - Ma~n Street Mardl Gras fund raiser- supphed 100 bottles of water > February 21- Wastewater plant tour for twenty-five UNT chemistry students Special Projects > Attended KDB's Pubhc Education Committee meetings > Worked on matenals for the storm water protection public informat~on campaign to k~ck off ~n Mamh 2000 > Planned for Red Bud Day Home Show and Red Bud Romp > Planned for the Chamber Expo event > Produced and started pubhc~ty for the March 25 Drainage Ditch Cleanup > Started the planning process for th~s yeafs Dnnk~ng Water Week act~v~bes > Conbnued planning for the Raise the Bar Drainage D~tch Cleanup scheduled for March 25 > Audits/Calls In February, UPC fielded 85 customer calls, completed 10 water audits, and mailed 2 ~nformatlon packets March News Releases > DRC - Raise the Bar Drainage D~tch Cleanup > DRC - Household Hazardous Waste Collection Day > DRC- Stormwater protection Newspaper & Magazines ~' DRC - Household Hazardous Waste Collecbon Day > DRC - Proper use of D~az~non, Atraz~ne & Dursban ~. C~ty V~ews - Household Hazardous Waste Collection Day Cable TV. > Utihfles Update Ad- Stormwater protection > A~nng of "Water Cycle" k~ds video on C~ty Channel 26 throe bmes per week > Airing of various Utlhty wdeos on C~ty Channel 26 programming rotation C~ty Web Page & Bulletin Board System > Raise the Bar Drainage Ditch Cleanup ~> Household Hazardous Waste Collection Day Ut,l,ty Bill ~> Message on ut~hty b~ll - Drainage Cleanup ~> Message on ut~hty b~ll - Household Hazardous Waste Collection & the Gmat American Cleanup Events/Activities 2 March 4 - Red Bud Home and Garden show - reached 250 children and adults w~th storm water protection, recychng, and water conservation ~nformat~on > March 4 - Red Bud Romp - supphed water and reached over 350 people > March 4 - Chamber Expo - > March 25 - Raise the Bar Drainage Cleanup Special Projects > Attend KDB's Pubhc Educabon Committee meetings > Continue working w~th KDB on the Great Amencan Cleanup and Household Hazardous Waste Collecbon Day scheduled for Apnl 1 > F~msh planning for C~ty-w~de drainage d~tch cleanup as part of Raise the Bar Campaign > Cont;nue planmng for Dnnkmg Water Week 2000 act~wt~es > Start planmng act~wbes for Arts and Jazz Fest > Start planmng for Earth Day celebration act~v~bes > K~Ck-off stormwater protecbon campaign > Start coordinating and producing the 1999 Denton Water Quahty Report April Sohcitsd Press Coverage > DRC- Proper use of D~az~non, Atraz~ne & Dursban > DRC - Earth Day Celebration Newspaper & Magazines > DRC - Proper use of D~azmon, Atraz~ne & Dursban > DRC - Earth Day Celebrabon w~th UNT Cable TV > Amng of '~/Vater Cycle" k~ds v~deo on C~ty Channel 26 three t~mes per week > Amng of vanous Ut~hty v~deos on C~ty Channel 26 programming rotation City Web Page & Bulletin Board System. > Water Utlht~es celebrates Dnnk~ng Water Week 2000 Events/Act~vltms ;> Apnl 1 - Hazardous Household Waste, Free Landfill Day and Great Amencan Cleanup - ~> Apn122 - UNT Earth Day Celebration - 350 people v~s~ted the Environmental Pond > Apn124 -two WWTP Toum - 80 students from UNT's Environmental Class > Apn125 - three WWTP Toum - 120 students from UNT's Enwrenmental Class > Apn126 -two WWTP Toum - 83 students from UNT's Enwronmental Class > Apn127 - two WWTP Toum - 78 students from UNT's Environmental Lab > Apn124 - one WWTP Tour- 35 students from 3 > Apn129 - Arts and Jazz Festival - 400 children and adults wslted the Environmental Pond Spec,al ProJects > Attended planmng meebng for Trash Bash 2000 sponsored by Keep Texas Beautiful > Coordinated with Texas "Water Is L~fe" 2000 to add Denton's Water Ut~llbes Drinking Water Week Act~wtles to their c~t~es section > Continued planning for Dnnk~ng Water Week 2000 actIv~bes > Coordinated w~th Denton Pubhc L~brary - to setup the Reading Hour ~n celebrating Dnnkmg Water Week 2000 > Planned act~wbes for Arts and Jazz Festival > Planned Earth Day celebration act~v~bes > Continued coordinating and producing th~s year's Denton Water Quality Report Audits/Calls In Apnl, UPC fielded 225 customer calls, completed 25 water audits, and ma~led 1 ~nformatlon packet May Sol,cited Press Coverage ~ DRC - Denton Water Quality Report > DRC- Dnnk~ng Water Week ~ Fort Worth Star - Closing of "party cove" ~ Fort Worth Star - L~vlng Streams ~ Dallas Mom~ng News - Closing of "party cove" ~ Channel 8 - Closing of "party cove" ~, Channel 5 - Closing of "party cove" ~ Channel 4 - Closing of"party cove" ~, Channel '~ - L~v~ng Streams ~ Lew~swlle Leader - Closing of "party cove" Cable TV' ~ Utiht~es Update - Source Water Pollution ~ A~nng of '~/Vater Cycle" k~ds video on C~ty Channel 26 three t~mes per week ~ A~nng of vanous Utlhty wdeos on C~ty Channel 26 programming rotabon C~ty Web Page & Bullet,n Board System ~ L~v~ng Stream Facility Open House ~ Denton Water Quahty Report ~ Water Utilities celebrates Dnnk~ng Water Week 2000 Ut,l,ty B,II > Message on utility b~ll - Dnnk~ng Water Week 2000 ~ Utility b~ll stuffer- Denton Water Quality Report 4 Events/Activities ~. May 2 - C~ty council proclamation and employee presentation ~ May 11 - LIwng Stream Fac~hty Open House ~ May 11 - Dnnk~ng Water Week employee luncheon- ~ May 13 - Dnnk~ng water week reading hour at the Emily Fowler L~brary Spemal Projects ~ Attended planning meeting for Trash Bash 2000 sponsored by Keep Texas Beaubful ~ Coordinated w~th Texas "Water Is L~fe" 2000 to add Denton's Water Ubht~es Dnnking Water Week Activities to their c~t~es secbon ~ Continued planning for Dnnk~ng Water Week 2000 acbwbes ~. Coordinated w~th Denton Pubhc L~brary - to setup the Read~ng Hour ~n celebrating Dnnk~ng Water Week 2000 ~ Planned acbwt~es for Arts and Jazz Festival ~ Planned Earth Day celebration acbv~t~es ~ Conbnued coordinating and producing th~s year's Denton Water Quahty Report Y Worked w~th Keep Denton Beaubful to ~nclude drainage d~tches ~n the Adopt-A- Spot program Audits/Calls In April, UPC fielded 225 customer calls, completed 25 water audits, and ma~led 1 ~nformat~on packet June News Releases > DRC - proper use of Dalz~non, Atrazme, and Dursban Newspaper & Magazines > DRC - proper use of D~az~non, Atrazlne & Dursban > Parks and Rec Guide - proper use of Da~z~non, Atraz~ne, and Dursban Cable TV. ~ Utlhbes Update - Stormwater protection > A~nng of "Water Cycle" k~ds wdeo on City Channel 26 three bmes per week C~ty Web Page & Bulletin Board System > proper use of Da~z~non, Atrazme, and Dursban Uflhty, Bill > Message on ut~hty b~ll - proper use of Da~z~non, AtraT~ne, and Dursban Events/ActJwtles > Juneteenth celebrabon - water protecbon July- nothing August News Releases. ~ DRC -TRAD cleanup and water protection Newspaper & Magazines ~ DRC - TRAD cleanup and water protection ~ DBCN - TRAD cleanup and water protection ~ Parks and Rec Guide - proper use of Da~z~non, Atraz~ne, and Dursban Cable TV ~' Utiht~es Update - Stormwater protection ~, A~nng of "Water Cycle" k~ds v~deo on C~ty Channel 26 three times per week ~ Cable TV ad - TRAD cleanup and water protecbon City Web Page & Bulletin Board System ~ TRAD cleanup and water protection Events/Act,wtles ~> New Teachers onentat~on Special Projects ~ Denton Record-Chronicle Ask-A-Professional ~ Denton Record Chronicle Newcomers Guide September News Releases ~ DRC - TRAD cleanup and water protection ~, DRC - Water protection ~ssues > DBCN - Water protection ~ssues Newspaper & Magazines > DRC - source water pollution > DRC - TRAD cleanup > DBCN - TRAD cleanup and water protection Cable TV ~> Cable TV ad Utd~tles Update - down the drain > A~nng of "Water Cycle" k~ds video on C~ty Channel 26 three times per week C,ty Web Page &Bullet, n Board System > TRAD cleanup and water protection 6 Events/Activities ~ TRAD Cleanup ~ Ma~n Street Day H Ip Protect benton's brmkmg Water from Pest,c,dcs' People wdl do just about anything to get md of fire ants including treating the mounds w~th too many chemicals that con do more harm than good Excessive chemicals can ~mpact water quohty, harming plants and ~mmels m our c~eeks ~nd L~ke Lew~swlle ~ W~t~ pollugmn can com~ ~rom s~veeol sources Pestm~des *nd h~rb~c~des can caus* water pollution that flows from the curbs, through the storm d~ams and rata the c~eeks end I~kes Howeve~ m some cases, water pollution can seep through old s~mta~ sewe~ hnes.~and flow dmectly rata our W~ter Reclamation Plant (wastewate~ t~eatment p ant) ~ The pPesence of these chemicals ~equmes add~tmnal and expensive maturating ead testing to meet new EPA ~egul~/tons Although ou~ Wate~ Reclamation Plant ( wastewater treatment plant) effectively treats conventional wastewater pollutants we o~e unable to treat btazmon bu~sben At,ozone and othe~ pesticides Try natural alternatives such as · Compost or byno bmr tea · I)mhng water, soapy water, or o 10% wnegor solution are gO% effective (use ,n a ch,Ids play area) · Beneficial Nematodes - m~croscop~c worms that destroy pest · Logic - a ba~t that causes the queen to lay eggs which do not mature 1-f you use pestmides try the following ~.. .. Purchase only enough pestrc~de for one season's use Try small amounts Place ~0 granules of dmzmon m d~sturbed mound sprinkle lightly w~th water, allow 7-10 days and then check results Share your leftovers with a neighbor, church or other orgamzot~on that can benefit from your generosity Take your leftover chemicals to one of two Hazardous Household Waste Collection Days The next collection day ~s April [st I nto. ~roduced Communlca~:mn$ 0'~100 ADA/'EOF~ADEA www ~i~ofd.n~on U~lil~es Publio C~lmlmic~i~ January- nothing February Sohcited Press Coverage > KNTU - proper usage of D~az~non & Atrazlne > DBCN - proper usage of D~az~non & Atrazme > DRC - proper usage of D~azlnon & Atraz~ne Newspaper > DRC - proper usage of D~az~non & Atraz~ne > DRC- water quahty > DBCN - Denton's quality water > City V~ews DRC ad - proper usage of D~az~non & Atraz~ne Cable TV > Ut~ht~es Update - ~llegal dumping > Ut~ht~es Update - cross connections > A~nng of '¥Vater Cycle" k~ds v~deo on C~ty Channel 26 March Sohc,ted Press Coverage > DRC - Denton's quality water > KNTU - md~o PSA's on proper usage of Dlaz~non & Atraz~ne Newspaper > DEC - drainage d~tch clutter DRC- Household Hazardous Waste Day DBCN - Denton's quahty water C~ty V~ews - Denton's quality water Cable TV > Ubht~es Update - F~re Ants - proper usage of D~azmon & Atraz~ne A~nng of '~Vater Cycle" k~ds wdeo on C~ty Channel 26 Utlhty Bdl Bill stuffer- Fire Ants - proper usage of D~az~non & Atmz~ne Special Events/Acflwtles. ~ Red Bud Day > Chamber Expo April Sohmted Press Coverage ~ KNTU - md~o PSA's on Household Hazardous Waste Day ~ KNTU - radio PSA's on Dnnk~ng Water Week ~ DBCN - Household Hazardous Waste Day > DRC - Household Hazardous Waste Day Newspaper ~ C~ty V~ews DRC ad - upcoming CCR ~ DRC - water quahty and cross connections Y DRC - proper usage of D~az~non & Atraz~ne > DBCN- upcoming CCR Cable TV ~ Utd~tles Update - upcoming water quality report ~ Utd~tles Update - Household Hazardous Waste Day ~ Amng of "Water Cycle" k~ds v~deo on C~ty Channel 26 Uflhty Bdl ~ Message on utd~ty bdl - Household Hazardous Waste Day ~ Message on utdlty b~ll - Dnnklng Water Week Act~v~bes Special EventslActiv,ties > Earth Day at UNT > Art & Jazz Fast - at K~ds Art Tent > Household Hazardous Waste Day May Sohmted Press Coverage ~ KNTU - radio PSA's on water quality ~ KNTU - radio PSA's on Dnnk~ng Water Week 2 ;> DBCN - Recychng Update - focus on Hazardous Household Waste Collection Day > Interview on KNTU's radio show'¥ocal Point" > DISD teachers' newsletter- Dnnkmg WaterWeek acbwt~es Newspaper > DRC - celebrabng Dnnk~ng Water Week > DRC- water protection > DRC-water quahty > DBCN- Denton's qual~y water > C~ty V~ews - Denton's water & Water Quahty Report Cable TV > Utiht~es Update - water quahty > Utihtles Update - cross connections > A~nng of "Water Cycle" k~ds v~deo on C~ty Channel 26 Utlhty Bill > Message on utd~ty bdl - Dnnklng Water Week > Message on utdlty bdl - Water Quahty Report > B~II stuffer- Water Quality Report Spemal Events/Actiwfles May 2 - 8, Dnnk~ng Water Week act~wt~es Donated freebees and hteratum to Cinco DeMayo and the Owsley Cops Program (DARE) Presentation on the "Water Cycle" and "Don't pollute our water system" (at 6 DISD elementary schools and 1 m~ddle school) (650 students) 1999 Dnnk~ng Water Week wdeo produced and released to all the elementary schools' hbmnes and both pubhc hbranes Special Projects Produced wastewater tape for PUB (Rusty and k~t~ng) Participation m Keep Texas Beautiful Tnmty R~vers Awareness Day planmng committee Conducted four Water Quahty Report employee training classes June Newspaper & Magaz,nes > Denton's Fall Parks and Recreation Guide -water quahty > Official Juneteenth Souvenir Program -water quahty > Labno T~mes- water quahty Cable TV 3 > A~nng of '~Vater Cycle" kids wdeo on C~ty Channel 26 three t~me per week Special Events/Activities' ~ June 5~h - Greenbelt Grand Open;ng -supphed 500 water bottles, worked the fun run and manned an mformat~on booth Reached around 450 people with water quality and protection ~nformat~on ~ June 12th - H;story Channel Great Race - Represented the Water Department and gave away 350 water bottles to racers and fans ~ June 19~ - Juneteenth Celebration - entered water truck and sol~d waste truck m parade and staffed an ~nformat~onal booth at fesbval Gave away 300 bottles of water to thirsty c~t~zens Reached 700 people ~ June 21st- UNT teachers -tour WWTP and WPP ~ June 30~ - Water Summit - staffed a water conservation and protection ~nformat~onal booth and gave away bottled water and water quality and conservation ;nformat~on and freebees Reached 200 people Special Projects ~ Submitted Ut~ht~es ~nformat~on for DRC's New Comer's Guide > Participated ~n Keep Texas Beaubful Tnmty Rwers Awareness Day planning committee > Coordinated Utd~tles part~c~pabon in UNT's and TWU's chddren's summer programs > Mailed 135 customer packets on the use of D~azanon and Atrazlne July Cable TV > Utd~t~es was hH~ghted on the Channel 8 5 00 News on July 21st Utlhty Bill > Message on utility bill - F~re Ants Special Events/Actlwtms > July 1~h & ~h _ International Business College - to.u~ landfill WW & Water Plant > July 3rd - Prowded bottled water and work at the 4 of July Liberty Run > July 16t~ - Waste water plant tour for Elementary School Teachers Group from UNT > July 21st- Participated ~n the special event featuring Channel 8 broadcasting their evening news on the Square Special Projects > Planned and coordinated activities for Denton's participation ~n Tnn~ty R~ver's Awareness Day on September 18 > Participated ~n Keep Texas Beautiful Tnnlty R~vers Awareness Day planning committee Contacted the Denton lSD Science Chairs to research current environmental matenals used ~n Denton elementary schools Supphed Ut~ht~es ~nformat~on packet ~nclud~ng contact ~nformat~on for presentation and tours to Funula at Denton/Ft Worth Camp Fire Ass Supphed Ut~ht~es ~nformat~on packet ~ncludlng contact ~nformabon for presentation and tours to DISD for new teachers Audits/Calls In July, UPC fielded 95 customer calls, completed 12 water audits, and ma~led 38 ~nformatlon packets August Solicited Press Coverage > DBCN -Tnmty R~ver Awareness Day Cleanup Newspaper & Magazines > DRC - Tnmty R~ver cleanup day > DBCN - Tnnlty R~ver cleanup day > C~ty V~ews - Tnmty R~ver cleanup day > Latlno T~mes - water quality > "Ask a professional" senes ~n the DRC - 16 quesbons Cable TV. > A~nng of "Water Cycle" kids v~deo on C~ty Channel 26 three brae per week Special Events/Actiwt~es > August 2nd - Attended New Employee luncheon > August 7th - Suppl~ed bottled water for MLK/Pohce/Un~ted Way school supplies fair > August 19th - Attended NCTC - AWWA monthly meeting > August 18th - Attended Keep Texas Beautiful Tnn~ty R~ver Awareness Day Cleanup Planmng Meebng Special Projects > Planned and coordinated act~wtles for Denton's participation ~n Tnn~ty R~ver Awareness Day on September 18 > Participated ~n Keep Texas Beautiful Tnn~ty R~ver Awareness Day planning committee > Produced the Ask A Professional Senes for the Ut~hhes > Ma~led out 545 letters to the club and civic organizations m Denton concerning the Tnmty R~ver Ceanup Day > Produced employee slide show and sent out to all employees concerning Denton's Tnn~ty R~ver Ceanup Day > Posted posters and fl~ers around town advertising the Cleanup > Designed stormwater logo for Denton and produced a children's act~wty booklet > Began interviews for Water Ut~l~bes v~deo series S Audits/Calls' In August, UPC fielded 225 customer calls, completed 53 water audits, and ma~led 80 ,nformat~on packets September Sol,c~ted Press Coverage > DRC- soume water protection > DRC- Tnn~ty R~ver Cleanup day > DRC - Wastewater enwronmental projects > KNTU - soume water pollution > KNTU - Tnmty R~ver Cleanup Newspaper & Magaz,nes > DRC - Tnmty R~ver Cleanup day > C~ty V~ews - 1999 Ut~ht~es project h~-hghts > "Ask a profess~onar' senes ~n the DRC- 16 questions ;> DRC Meet the People - Water Ut~ht~es - water quahty > DRC Meet the People - Sohd Waste - proper disposal helps keep our enwronment clean Cable TV ~ Ut~ht~es Update- Tnn~ty R~ver Cleanup day > Amng of '~/ater Cycle" k~ds wdeo on C~ty Channel 26 three t~me per week Ut,hty Bill > Message on utlhty b~ll - Tnn,ty R~ver Cleanup Spec,al Events/Act,wtms' > September 2nd - Water pollution and cleanup presentation to Boy Scouts leaders meeting > September 7th- WWTP tours for UNT Enwmnmental Teachers > September 8th - UNT Teachers Wastewater Plant Tour > September 11th - Supplied bottled water and worked the Ma~n Street Day Evening Fun Run on the Square > September 13th - Water pollution and cleanup presentation to Sam Houston neighborhood ~roup > September 18"'- Denton's Tnmty R~ver Awareness Day Clean-up The cleanup day was a success Over 130 people participated and p~cked up over 250 bags of trash at four cleanup s~tes Because of the success, we w~ll be rece~wng state funding to support next year's cleanup efforts September Special Projects > Participated ~n Keep Texas Beautiful Tnn~ty R~ver Awareness Day planning committee Designed and pnnted storm water protection pubhc informat~on Designed Sohd Waste's and Water Ubht~es' ads for the Meet the People editIon of the Denton Record-Chronicle Cqnt~nued working on seven wdeos for Water Ut~ht~es AUdits/Calls In September, UPC fielded 135 customer calls, completed 10 water audits, and ma~led 2 informat~on packets October News ~Releases ~ DRC - storm water protection > DRC - HHW collecbon day > DRC - bulky ~tem and htter ~ssue ~, KNTU - storm water protecbon > DBCN - storm water protectIon Newspaper & Magazines. > DRC - storm water protecbon > DRC- HHW collecbon day ~> C~ty V~ews - Hazardous Household Waste recychng ~ Lat~no T~mes - water quahty > "ASk a profess~onar' senes ~n the DRC - 16 quesbons ~ DRC - Pubhc Not~ce - Wastewater permit Cable TV > Ut~htles Update - storm water pollution > A~nng of "Water Cycle" kids v~deo on C~ty Channel 26 three t~me per week ~ Ainng of Wastewater projects v~deo Utll,ty, Bwll > Message on ut~hty b~ll - HHW collection day Events/Activities > October 13 - Supply Ryan H~gh School Band w~th 140 bottles of water for away games > October 14 - Donate eight cases of bottled water to TWU for their Fun Volleyball Game Chanty Event > October 15 - Water conservation and storm water protection presentation to Evers Elementary second graders, 100 k~ds > October 23 - Sulhvan Keller health fair > October 29 ~ Sen~or Center fit & fun fair Special Projects Jo~n Keep Denton Beaubful's Education Committee and Commumty Acbon Committee Continue to design and pnnt storm water protection pubhc ~nformat~on Continue working on seven videos for Water Ubht~es Prepare copy for a video PSA on MTBE contaminants ~n Lake Lewlswlle to be used ~n case we feel we need the coverage Redesign Water Reclamation Plant tours to focus pnmardy on environmental Issues Meet w~th HHW collection day committee to plan an advertising schedule for the event November News Releases ~ DRC - storm water protection ~ DRC - HHW collection day Y KNTU - storm water protection > DBCN - storm water protection Newspaper & Magazines ~ DRC - storm water protection > DRC - HHW collection day > DBCN - storm water protection Cable TV > Utd~t~es Update - storm water pollution > Amng of '¥Vater Cycle" k~ds wdeo on C~ty Channel 26 three t~me per week > Amng of Wastewater projects wdeo Utility Bill > Message on ubhty bill - HHW collection day > Message on utd~ty b~ll - storm water protecbon Events/Activities ;> November 13 - Household Hazardous Waste collecbon day > November 15 - Tours of Wastewater Treatment Plant for Umverslty of North Texas November 16 - Tours of Wastewater Treatment Plant for University of North Texas > November 17 - Tours of Wastewater Treatment Plant for University of North Texas > November 18 - Tours of Wastewater Treatment Plant for University of North Texas > November 19 - Tours of Wastewater Treatment Plant for Umvers~ty of North Texas Special Projects > Production of 10 m~nute storm water protection wdeo to be a~red on cable TV and used ~n pubhc presentations > Sgnd letter out to Denton lSD, all c~wc groups and neighborhood organizations offenng strom water protection presentations > Advertise for the Household Hazardous Waste collection day > Continue to design and pnnt storm water protection pubhc ~nformat~on December - noth,ng Use I~atural alternatives rather Zf you must use pest,cities, try than Jpestlc~des. the following. Try making compost tea w~th your own Purchase only enough pesticide for one compost or byno birr season's use based on your yard's size and recommended apphcot~on rates The use of boding water, soapy water, or a 10% wnegar solution ts 90% effective (use Try small amounts Place 10 granules of ~n a chdd's play area) b~az~non ~n d~sturbed mound, sprinkle hghtly w~th water, allow 7-10 days and Try Beneficial Nematodes - m~croscop~c then check results worms that destroy pests Shareyour leftovers with friends neigh- Try Lqg~c TM- a ba~t that causes the queen bors and local c*wc orgamzat~ons to lay eggs wh*ch do not mature Always follow the dmect~ons on the label Produced 02~01 Denton Water Utilities w~vw ci~yofden~on cam ADA/EOE/AD~A