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HomeMy WebLinkAboutApril 5, 2005 Agenda AGENDA CITY OF DENTON CITY COUNCIL April 5, 2005 After determining that a quorum is presem, the City Council of the City of DeNon, Texas will convene in a Work Session on Tuesday, April 5, 2005 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Receive a funding recommendations report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion and give staff direction regarding the proposed 2005 Action Plan for Housing and Community Development and 2005-2009 Consolidated Plan for Housing and Community Development. Receive a report, hold a discussion and give staff direction on gas well surface rights and mineral rights. o Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of April 5, 2005. NOTE: The City Council reserves the right to adjourn imo a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act. Regular Meeting of the City of DeNon City Council on Tuesday, April 5, 2005 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE mo U.S. Flag Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS mo Proclamations/Awards 1. Resolution of Appreciation for Sammy Davis. Recognition of staff accomplishments 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consem Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. City of Denton City Council Agenda April 5, 2005 Page 2 Listed below are bids, purchase orders, contracts, and other items to be approved under the Consem Agenda (Agenda Items A - I). This listing is provided on the Consem Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consem Agenda. If no items are pulled, Consent Agenda Items A - I below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. Consider adoption of an ordinance of the City Council of the City of DeNon, Texas authorizing the City Manager or his designee to approve a Right-of-Way Use Agreement to allow continued existence of a monument sign within street right-of-way at McKamy Boulevard and North Locust Street to indicate entryway into McKamy Evers Estates; and providing an effective date. Consider adoption of an ordinance approving an Easemem to Verizon Wireless across City of DeNon property being a tract of land situated in the Mary Austin Survey, Abstract No. 4, in the City of Denton, Denton County, Texas, and being a portion of the Remainder of Lot 1, Block 2 of the Municipal Utility Addition, an addition to the City of DeNon, as recorded in Cabinet G, Page 346, Plat Records of the Real Property Records of Denton County, Texas; and providing an effective date. The Public Utilities Board recommends approval (6-0). Consider approval of tax refunds for the following property taxes: Tax Name Reason Amount Year 2. Choice Homes Inc Duplicate Payment 2004 $863.45 4. Fairfield Denton Exchange Ltd Duplicate Payment 2004 $1,460.16 6. First American Comm RE Tax Duplicate Payment 2004 $16,542.71 Svcs/M & A Texas VE Ltd 8~ Jones, Jeanne S Duplicate Payment 2004 $7,855,30 10. Maritn, Ga~ L Duplicate Payment 2004 $1,278.83 !2, Smith, Michael Christian ©~e~ayment 2004 $895,72 !4, Thompson, J C!e0 0yerpayment 2004 $!,!09~8! Consider adoption of an ordinance accepting competitive bids and awarding a two-year contract for the purchase of water and sewer parts for the City of Denton Warehouse; providing for the expenditure of funds therefor; and providing an effective date (Bid 3244 - Two-Year Contract for Water and Sewer Inventory awarded to the lowest responsible bidder for each section in the annual estimated amoum of $500,000). The Public Utilities Board recommends approval (6-0). City of Demon City Council Agenda April 5, 2005 Page 3 mo Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for the purchase of substation switches for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3300 - Three-Year Comract for Substation Switches awarded to the lowest responsible bidder for each item as listed in Exhibit A). The Public Utilities Board recommends approval (6-0). Fo Consider adoption of an ordinance accepting competitive bids and awarding a contract for library shelving end panels and countertops for the Denton Public Library System; providing for the expenditure of funds therefor; and providing an effective date (Bid 3305 - Library Shelving End Panels and Coumertops awarded to the Asmar Custom Cabinets, Inc. in the amoum of $32,465.20). Go Consider adoption of an ordinance of the City of Demon, Texas authorizing the City Manager, or his designee, to execute on behalf of the City of Demon an acceptance of an offer from the Texas Department of Transportation relating to a grant for construction services to construct a corporate apron and stub taxiway at the airport; authorizing and directing the City Manager to expend funds provided for in the gram program; and declaring an effective date. (TxDOT Project No.: AP DENTON 9; and TxDOT CSJ No.: 0518DENTO). The Airport Advisory Board recommends approval (5-0). Ho Consider approval of the minutes off February 1, 2005 February 7, 2005 February 8, 2005 February 9, 2005 February 16, 2005 February 22, 2005 March 1, 2005 March 7, 2005 March 8, 2005 Consider adoption of an ordinance of the City of Demon, Texas, authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2005 Summer Food Service Program; if such funding is grained, the City Manager is authorized to execute the Summer Food Service Program agreement with the Texas Department of Human Services and execute a contract with the Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. 4. PUBLIC HEARINGS mo Hold a public hearing inviting citizens to commem on the City of Demon's 2005- 2009 Consolidated Plan for Housing and Community Development and the 2005 Action Plan. City of DeNon City Council Agenda April 5, 2005 Page 4 Bo Hold a public hearing and consider adoption of an ordinance rezoning approximately 19.85 acres from the Neighborhood Residemial 4 (NR-4) zoning district to the Neighborhood Residemial Mixed Use-12 (NRMU-12) zoning district with an overlay. The property is located on the east side of Hinkle Drive, approximately 850 feet north of University Drive, and approximately 1,200 feet west of Carroll Boulevard. The Planning and Zoning Commission recommends denial (6-0). NOTE: A SUPERMAJORITY VOTE BY THE COUNCIL IS REQUIRED FOR APPROVAL. (Z04-0009, Hinkle Addition) Co Hold a public hearing and consider adoption of an ordinance graining approval of a public street easement for the surface use of an approximate 0.05 acre portion of the Denton Branch Rail Trail for the purpose of a public street at Woodrow Lane in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a Public Street Easement, and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION mo Consider adoption of an ordinance concerning an Alternative Developmem Plan for approximately 3.2 acres of land located in a Regional Cemers Commercial Dowmown (RCC-D) zoning district. The proposed site is generally located at the southwest comer of Windriver Lane and 1-35 E fromage road imersection. Two restaurams are proposed. The Planning and Zoning Commission recommends approval (5-0). (ADP04-O009, Shady Oaks BBQ and Mexican Grille) Bo Consider adoption of an ordinance accepting sealed competitive proposals and awarding a contract for construction services for renovations to the City of DeNon Municipal Jail; providing for the expenditure of funds therefor and providing an effective date (RFSCP 3290 - Additions to DeNon City Jail awarded to Jones and Jeffery Construction Co., Inc. in an amount not to exceed $317,992.30). Co Consider approval of a resolution of the City Council of the City of DeNon, Texas, authorizing the City Council of the City of DeNon to provide commems to the North Central Texas Council of Governments concerning coordination of the alignmem of the Trans-Texas Corridor; and providing for an effective date Do Consider approval of a resolution of the City Council of the City of DeNon, Texas, establishing a regional policy position regarding the Texas Department of Transportation's Trans-Texas Corridor - 35 Initiative; and providing for an effective date. mo Consider adoption of an ordinance providing for the reassignmem of the City Attorney and the appointment of an Interim City Attorney; and providing an effective date. The Council Appoimee Performance Measures Committee recommends approval. City of Demon City Council Agenda April 5, 2005 Page 5 Fo Consider adoption of an ordinance approving a personal and professional services contract between the City of Denton and Herbert L. Prouty; authorizing the expenditure of funds; and providing an effective date. The Council Appoimee Performance Measures Committee recommends approval. Go Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Dessie Goodson regarding responsibility. B. Chris Williams regarding day laborer ordinance. Co site and panhandling Peternia Washington regarding elected official demeanor. Kelly Fincher regarding a report on drug abuse in Denton County. Ho New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Jo Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Ko 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 notice of meeting was posted on the bulletin board at the City Hall of the City of Demon, Texas, on the day of ,2005 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS 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 TELECOMMUNICATIONS DEVICES 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 DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET April 5, 2005 Economic Development Mike Conduff ~ SUBJECT Receive a funding recommendations report from the Community Developmem Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion and give staff direction regarding the proposed 2005 Action Plan for Housing and Community Development and 2005-2009 Consolidated Plan for Housing and Community Development. BACKGROUND Using a process with input from citizens and local non-profit organizations, staff developed Demon's 2005-2009 Consolidated Plan for Housing and Community Development. The Consolidated Plan is a five-year strategy detailing proposed housing, social services and public works projects benefiting low and moderate-income households and neighborhoods. Annual action plans are developed based on the strategies outlined in the Consolidated Plan. The 2005 Action Plan represems the first year of activities designed to meet the City's five-year strategy. The Action Plan serves as the City's application for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) programs. Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held in December 2004. The hearings were held in both English and Spanish. Application availability was advertised from November through December. Staff held application workshops in January. CDAC and HSAC reviewed applications and held funding hearings in February and March. Each committee developed a set of funding recommendations to presem to City Council. Staff has developed the 2005 Action Plan based on these recommendations. Administration activities are also included in the Action Plan. Please refer to your 2005 Action Plan for additional information and minutes of the CDAC and HSAC meetings. ESTIMATED PROJECT SCHEDULE Both the Consolidated Plan and 2005 Action Plan are to be completed and submitted to the U.S. Department of Housing and Urban Development on or before June 15, 2005. PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee (CDAC) reviewed requests for housing, infrastructure and economic development funding. CDAC recommended $777,916 in funding for various projects. The Human Services Advisory Committee (HSAC) reviewed requests for social services program funding. HSAC developed recommendations for use of both CDBG funds and City general fund dollars. Though the list of general fund recommendations is included in the 2005 Action Plan, the approval of the Plan does not include approval of those recommendations. General fund recommendations will be considered during the normal budgeting cycle. HSAC allocated $146,842 in CDBG funding to various programs. FISCAL INFORMATION All projects and programs approved under the 2005 Action Plan are funded through CDBG or HOME. No general fund dollars are included in the proposed Action Plan activities. Some general funds may be requested for program administration. EXHIBITS 1. CDAC Funding Recommendations Chart 2. HSAC Funding Recommendation Chart 3. 2005 Action Plan for Housing and Community Development 4. 2005-2009 Consolidated Plan for Housing and Community Development Respectfully submitted: Linda Ratliff Director of Economic Development Prepared by: Barbara Ross Community Development Administrator COMMUNITY DEVELOPMENT ADVISORY COMMITTEE 2005 FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS Applications 2005 CDBG HOME Funding Funds Funds Request $777,916 $553,015 Bldg Insp Demolition Of Substandard Buildings $30,000.00 $30,000.00 ComDev Home Improvement Program $573,940.00 $173,940.00 $400,000.00 Com Dev Homebuyer Assistance Program $165,915.00 $165,915.00 Com Dev Minor Repair Program $88,000.00 $88,000.00 Engineering Mulberry Ave Repave $54,403.00 Engineering Anderson StreetRepave $90,415.00 $51,388.00 Engineering Wood Street Repave $137,314.00 Engineering Cook St Waterline Replacement $79,208.00 $79,208.00 Engineering Cook Street Repave $71,515.00 $71,515.00 Engineering Smith Street Repave $140,599.00 Engineering Schmitz Avenue Repave $146,376.00 Engineering Eagle Drive Sidewalks $117,950.00 $117,950.00 Non-Profit Affordable Housing Opportunity Pr $165,000.00 $105,015.00 Non-Profit Single Family Housing Land Acquisition $75,000.00 $48,000.00 Non-Profit Outreach Center Facility Construction $50,000.00 Non-Profit Community Bldg Sidewalks & Parking $15,000.00 Total $2,000,635.00 $777,916.00 $553,015.00 2005-2006 Human Services Advisory Committee Funding Recommendations 2005-2006 2005 - 2006 2005-2006 2005-2006 Agency Request Recommendation General Fund CDBG 1 AIDS Services of North Texas $20,000 $6,500 $6,500 2 Campfire $4,825 $0 3 CASA $10,000 $8,000 $8,000 4 Children's Advocacy Center $12,000 $12,000 $12,000 City of Denton - Owsley Summer 5 Playground $23,187 $10,500 $10,500 City of Denton- After School Action 6 Site/TEAC $17,000 $8,000 $8,000 7 City of Denton-King's Kids Day Kamp $28,366 $10,500 $10,500 8 Communities in Schools $8,000 $5,000 $5,000 9 Community Food Center $3,000 $2,000 $2,000 10 Cumberland Children's Home $10,000 $0 11 Day Stay For Adults $12,000 $12,000 $12,000 12 Denton Christian Preschool $30,000 $30,000 $30,000 13 Denton City-Co. Day School $40,000 $30,000 $30,000 14 Denton Co. Federation of Families $30,000 $10,000 $10,000 15 Denton Co. Friends of the Family $35,000 $28,000 $28,000 16 Denton County MHME (SIERRA) $9,000 $7,000 $1,658 $5,342 17 Denton Family Resource Center $10,000 $7,800 $7,800 18 Fairhaven Retirement Home $8,880 $0 19 Fairoaks Retirement Home $14,300 $0 20 Family Health Care, Inc. $30,000 $25,000 $25,000 21 Fred Moore Day Nursery $40,000 $25,000 $25,000 22 Girl Scouts Cross Timbers Council $10,000 $0 23 HelpNET $0 $0 24 Hope, Inc - HMIS $18,000 $18,000 $18,000 25 HOPE, Inc. $30,000 $25,000 $25,000 26 Interfaith Ministries $18,250 $14,000 $14,000 27 Our Daily Bread $18,000 $0 28 Owsley Comm. School - Adult Educ. $12,476 $0 29 Owsley Comm. School - After School $24,394 $13,000 $13,000 30 People's Clinic $30,000 $25,000 $25,000 31 Riding Unlimited $3,000 $0 32 RSVP $10,000 $10,000 $10,000 33 Salvation Army $25,000 $20,000 $20,000 34 Sickle Cell Disease Association $7,740 $6,500 $6,500 35 SPAN $30,000 $25,000 $25,000 Annual Totals without Discretionary $632,418 $ 393,800 $246,958 $146,842 Funding City of Denton DRAFT Action Plan for Housing and Community Development 2005 Program Year Housing Park Facilities Public Improvements Human Services Prepared for the U.S. Dept. of Housing and Urban Development Approved by Denton City Council on {DATE} www.cityofdenton.com ADA/E OE/ADEA mo Bo TABLE OF CONTENTS Summary of Action Plan 1. Introduction .................................................................................................................. 1 2. Funding Summary ........................................................................................................ 1 3. Local Match .................................................................................................................. 1 4. Citizen Participation ..................................................................................................... 2 5. Amendment .................................................................................................................. 2 Funding Sources 1. Summary ....................................................................................................................... 3 2. SF-424 Application - CDBG Funds ............................................................................. 4 3. SF-424 Application - HOME Funds ............................................................................ 5 C. Projects/Activities Do 1. Summary ....................................................................................................................... 6 2. CPD Listing of CDBG and HOME Proposed Projects ................................................ 7 3. Other Resources Available ......................................................................................... 15 CP Strategies and Proposed Projects 1. Housing Strategies ...................................................................................................... 16 2. Continuum of Care Strategies .................................................................................... 17 3. Lead-Based Paint Strategies ....................................................................................... 20 4. Human Services Strategies ......................................................................................... 20 5. Infrastructure & Public Facilities Strategies .............................................................. 22 6. Demolition Strategies ................................................................................................. 23 7. Anti-Poverty & Economic Development Strategies .................................................. 23 E. Proposed Project Map ...................................................................................................... 24 F. Other Program Requirements Go 1. HOME - Forms of Investment ................................................................................... 25 2. HOME - Tenant-Based Rental Assistance ................................................................ 25 3. Monitoring Standards and Procedures ...................................................................... 26 4. Public Housing Improvements ................................................................................... 27 5. Public Housing Resident Initiatives ........................................................................... 27 6. Institutional Structure ................................................................................................. 27 Certifications .................................................................................................................... 29 Minutes 1. Public Hearings on December 6, 2004 ....................................................................... 36 2. Public Hearing on December 13, 2004 ...................................................................... 38 3. Public Hearing on April 5, 2005 ................................................................................ 39 4. 30-day Comment Period ............................................................................................. 40 5. Community Development Advisory Committee Minutes .......................................... 41 6. Human Services Advisory Committee Minutes ......................................................... 53 SUMMARY INTRODUCTION This documem serves as the City of Demon's 2005 Action Plan for the Community Developmem Block Gram (CDBG) and HOME Investmem Partnership (HOME) Programs. In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as amended, the City of Denton is required to submit a One-Year Action Plan to the U.S. Departmem of Housing and Urban Developmem. The plan outlines the specific projects and services that will be funded during the 2005 Program year to address Denton's strategies stated in the 2005-2009 Consolidated Plan for Housing and Community Development. The following five-year strategies were idemified in 2005 year and are reaffirmed this year: Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment, Emergency Shelter, Transitional Housing and Transition to Permanent Housing and Independent Living; Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; Human Services Strategies: Improve availability and accessibility of basic food, emergency shelter, transitional housing, services promoting strong, supportive relationships for families, and basic health care and memal health services. Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvemems, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. FUNDING SUMMARY The City of Demon is curremly an emitlemem city for the Community Developmem Block Grant and HOME Investment Partnership Programs. The City of Denton's 2005 CDBG allocation is $978,948 and the HOME allocation is $579,461. A total of $87,000 in program income is projected for the 2005 Program year for both CDBG and HOME grams. SF-424 applications for Community Development Block Grant and the HOME Partnership Investment Program funds are on page 4 and 5, respectively. LOCAL MATCH The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The City of Demon's local match for the HOME program is $130,378.75. The 25% match of federal HOME funds excludes administrative allowances of 10%. The City of Demon will provide the match from a variety of sources including the following: Page 1 Federal Home Loan Bank funds awarded to the City of DeNon and the DeNon Affordable Housing Corporation (DAHC) for home ownership assistance and home improvemem. Denton County Housing Finance Corporation and other non-federal funding awarded to DeNon Affordable Housing Corporation and City of DeNon. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME eligible projects. CITIZEN PARTICIPATION To ensure citizen participation in the 2005 Action Plan process, the city followed its Citizen Participation Plan. Public hearings were held December 6th and 13th. The December 13th public hearing was held in Spanish. The public hearings updated citizens on the status of currem programs and activities and asked how the citizens how they felt the 2004 funds should be spent. Both of the public hearings were held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Developmem Newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Developmem Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. A notice was also placed in the Denton Record-Chronicle. After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle summarizing the plan and announcing to the public where the Action Plan was available for review, and the process for submitting comments to the City of Denton. The advertisements also included information on the upcoming public hearing. Ads were also placed on the local governmemal channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All commems received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. To ensure citizen participation at all stages of the 2005 Action Plan process, one public hearing will be scheduled on April 5, 2005 during a City Council Meeting to give citizens the opportunity to commem on the 2005 proposed projects and activities. See page 39 for minutes of the public hearing. AMENDMENT The City of DeNon has also amended the 2004 Action Plan for Housing and Community Development. The amendmem would allow the City of DeNon to reallocate $100,000 in CDBG funds. The 2004 Action Plan included $100,000 in CDBG funds for the demolition of several uninhabitable units at the Phoenix Apartmems a 131-unit housing project. Other funds were utilized to undertake the project. Since the funds were no longer needed for the demolition, they were reallocated to the Home Improvement and Minor Repair Programs, existing programs, and the Phoenix project was cancelled. Page 2 2005 FUNDING SOURCES Emitlemem Gram (Includes Reallocated Funds) CDBG ESG HOME HOPWA Total $978,948 $0 $579,461 $0 $1,558,409 Prior Years' Program Income Not Previously Programmed Or Reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 Reprogrammed Prior Years' Funds (See Amendmem Section) CDBG $100,000 ESG $0 HOME $0 HOPWA $0 Total Total Estimated Program Income CDBG Loan Repaymems $52,000 HOME Loan Repaymems $35,000 Total $100,000 $87,000 Section 108 Loan Guaramee Fund $0 Total Funding Sources $1,745,409 Page 3 APPLICATION FOR Version 9/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED June 15, 20051 Applicant Identifier 756000514 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier A~lic~tion Pre-~lic~tion 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ~J Construction ~J Construction ~J Non-Construction ~J Non-Construction 5. APPLICANT INFORMATION Legal Name: City of Denton Organizational Unit: Department: Economic Development Organizational DUNS: 07-138-0190 Division: Community Development Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) 101 South Locust St., Suite 500 Prefix: I First Name: Barbara City: Denton Middle Name County: Denton Last Name ROSS State: Texas I Zip Code 76201 Suffix: Country: USA Email: barbara.ross@cityofdenton.com 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 75-6000514 (940) 349-7235 (940) 383-2445 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) X New ~J Continuation ~J Revision Municipal If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) [~ [~ Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Housing & Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 14-218 Housing rehabilitation, minor repair, street, sidewalk and TITLE (Name of Program): waterline improvements, demolition, homeownership Community Development Block Grant assistance, provision of public services and program 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): administration. City of Denton, Texas 13. PROPOSED PROJECT 14. CONGRESSIONAl_ DISTRICTS OF: Start Date: August 1, 2005 I Ending Date: July 31, 2006 a. Applicant District 26 ID. Project District 26 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $978,948.uu a. Yes. ~J THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $0 .u~ PROCESS FOR REVIEW ON c. State $0 .~ DATE: d. Local $0.~u b. No. X PROGRAM IS NOT COVERED BY E. O. 12372 e. Other: American Dream $0 .~ Downpavment Initiative ~j ORFoRPROGRAMREviEW HAS NOT BEEN SELECTED BY STATE f. Program Income $52,000 .~ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $1,030,948 7° ½ Yes If "Yes" attach an explanation. X No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES. a. Authorized Representative Prefix First Name Michael Vliddle Name C. Last Name Conduff ,~ uffix b. Title City Manager ~. Telephone Number (give area code) (940) 349- Email: Fax Number (give area code) d. Signature of Authorized Representative 3. Date Signed Pr~vin~ ~rlifinn I I~hl~ ,qf~nrl~rrl Fnrm 4?4 (R~v ~-~ Authorized for Local Reproduction Prescribed bv OMB Circular A-102 A APPLICATION FOR Version 9/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED June 15, 2005 Applicant Identifier 756000514 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Ar)r)lic~tion Pre-~r)r)lic~tion 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ~J Construction ~J Construction ~J Non-Construction ~J Non-Construction 5. APPLICANT INFORMATION Legal Name: City of Denton Organizational Unit: Department: Economic Development Organizational DUNS: 07-138-0190 Division: Community Development Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) 101 South Locust St., Suite 500 Prefix: I First Name: Barbara City: Denton Middle Name County: Denton Last Name ROSS State: Texas I Zip Code 76201 Suffix: Country: USA Email: barbara.ross@cityofdenton.com 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 75-6000514 (940) 349-7235 (940) 383-2445 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) X New ~J Continuation ~J Revision Municipal If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) [~ [~ Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Housinq & Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 14-239 Housing rehabilitation, assistance to CHDO for TITLE (Name of Program): homeownership assistance, acquisition for new HOME Investment Partnership Proaram construction and program administration. 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): City of Denton, Texas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: August 1, 2005 I Ending Date: July 31, 2006 a. Applicant District 26 lb. Project District 26 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $579,461 .uu a. Yes. ~J THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $0 .u~ PROCESS FOR REVIEW ON c. State $0 ."" DATE: d. Local $0.°° b. No. X PROGRAM IS NOT COVERED BY E. O. 12372 e. Other: American Dream $0 .~u ~c~wnn2vm~nf Initi2tiv~ ~j ORFc~RPROGRAMRi:=\/ii:=\N HAS NOT BEEN SELECTED BY STATE f. Program Income $35,000 ."" 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $615,461 .°° LJ Yes If "Yes" attach an explanation. X No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES. a. Authorized Representative Prefix First Name Michael Middle Name C. Last Name Conduff Suffix b. Title City Manager ;. Telephone Number (give area code) (940) 349- Email: Fax Number (give area code) d. Signature of Authorized Representative 3. Date Signed Previous Edition Usable Standard Form 424 (Rev. x-xx) Authorized for Local Reproduction Prescribed by OMB Circular A-102 2005 PROJECTS/ACTIVITIES SUMMARY The City of Demon's total federal and program income funding for 2005 is $1,745,409 (includes $100,000 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. Each project is described in detail from pages 7 to 14 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number: Page # Project Name CDBG Funds HOME Funds 7 AIDS Services of North Texas $6,500 $0 7 Anderson Street Repave $51,388 $0 8 CDBG Administration $206,190 $0 8 City of Demon- After School Action Site/TRAC $8,000 $0 8 City of Demon -King's Kids Day Kamp $10,500 $0 9 City of Demon - Owsley Summer Playground $10,500 $0 9 Cook Street Repave $71,515 $0 9 Cook Street Waterline Replacemem $79,208 $0 10 Day Stay For Adults $12,000 $0 10 Demolition of Substandard Structures $30,000 $0 10 Demon Affordable Housing Corp - AHOP Program $0 $105,015 11 Demon City-Co. Day School $30,000 $0 11 Demon County MHMR (SIERRA) $5,342 $0 11 Eagle Drive Sidewalks $117,950 $0 12 Family Health Care, inc. $25,000 $0 12 Habitat for Humanity of Demon County $0 $48,000 12 HOME Administration $0 $61,446 13 Home improvemem Program $173,940 $400,000 13 Homebuyer Assistance Program $165,915 $0 14 HOPE, inc. $25,000 $0 14 imerfaith Ministries $14,000 $0 14 Minor Repair Pro~ram $88,000 $0 Total Funding Allocated to Projects $1,130,948 $614,461 Funding Available $1,130,948 $614,461 Unprogrammed Funds I $0l $0 Page 5 PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2005 program year with CDBG and HOME funds: AIDS SERVICES OF NORTH TEXAS - $6,500 (CDBG) Provision of food and medical care to individuals and families impacted by AIDS/HIV. Funds will be used to buy food and hygiene items and cover medical care for non-HIV related infections and chronic diseases. Program carried out by AIDS Services of North Texas. HUD Matrix Code: 05 Public Services (General) 570.201(e) Priority Need: Non-Homeless Special Needs Special Objective: Improve the services for low/moderate income persons. Goal: 45 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Subrecipient: Private 570.500(c) Location: Address - 4210 Mesa Drive, Denton Texas 76207 Start & Completion Date: 10/01/04 - 09/30/05 ANDERSON STREET REPAVE - $51,388 (CDBG) Replacement of a portion of Anderson Street, which may include from Amarillo to Mounts Street. Project will also include the installation of curb and gutter. Project will be carried out by the City's Engineering Department. HUD Matrix Code: 03K Street Improvements 570.201 (c) Priority: Infrastructure Improve quality/increase quantity of public improvements for low income Special Objective: persons. Goal: 638 People Primary Purpose: [] Homeless [] HIV/AIDS ~ Disabled Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: CT 20700 BG 1 - 67.87% LM Start & Completion Date: 10/01/05 - 08/31/06 Page 6 CDBG ADMINSTRATION - $10,400 (CDBG PI) and $195,790 (CDBG) CDBG funds will be used for program management, coordination, monitoring and evaluation associated with carrying out eligible activities. Funds will also be utilized to cominue City's efforts in fair housing. Funding includes $10,400 in CDBG Program Income. Program will be carried out by the City's Community Developmem Division. HUD Matrix Code: 2lA General Program Administration 570.206 Priority: Planning & Administration Special Objective: Improve the services for low/moderate income persons. Goal: N/A Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: N/A Subrecipiem: Local Governmem Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 CITY OF DENTON - AFTER SCHOOL ACTION SITE/TRAC - $8,000 (CDBG) Provision of after school care to low-income youth at any of the city's after school action site programs. Funds will be used to provide scholarships for low-income participams and low-income participams with a disability. Program will be carried out by the City of DeNon. HUD Matrix Code: 05D Youth Services 570.201(e) Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 8 People Primary Purpose: [] Homeless ~ HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Local Governmem Location: Community Wide Start & Completion Date: 10/01/04 - 09/30/05 CITY OF DENTON - KING'S KIDS DAY KAMP - $10,500 (CDBG) Provision of a summer playground targeted to youth in Southeast Denton. Funds will be used to )rovide scholarships for low-income participams. Program will be carried out by the City of DeNon. HUD Matrix Code: 05L Child Care Services 570.201(e) Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 40 People Primary Purpose: ~ Homeless ~ HIV/AIDS ~ Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipient: Local Government Location: Address - 1300 Wilson St., Denton Texas 76205 Start & Completion Date: 10/01/04 - 09/30/05 Page 7 CITY OF DENTON - OWSLEY SUMMER PLAYGROUND PROGRAM - $10,500 (CDBG) Provision of a summer playground targeted to youth in the Owsley Neighborhood. Funds will be used to provide scholarships for low-income participams. Program will be carried out by the City of DeNon. HUD Matrix Code: 05L Child Care Services 570.201(e) Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 55 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipient: Local Government Location: Address - 1001 Parvin St., Denton Texas 76205 Start & Completion Date: 05/31/05 - 08/31/06 COOK STREET REPAVE PROJECT - $71,515 (CDBG) Replacement of a portion of Cook Street from Robertson to Wye Street. Project will also include the installation of curb and gutter. Project will be carried out by the City's Engineering Departmem. HUD Matrix Code: 03K Street Improvemems 570.201(c) Priority: Infrastructure Improve quality/increase quamity of public improvemems for low income Special Objective: persons. Goal: 2192 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: CT 21200 BG 2 - 72.72% LM Start & Completion Date: 10/01/05 - 08/31/06 COOK STREET WATERLINE REPLACEMENT PROJECT - $79,208 (CDBG) Replacement of a 6-inch waterline on Cook Street from Robertson to Mill Street. Project will be carried out by the City's Engineering Departmem. HUD Matrix Code: 03J Waster/Sewer Improvemems 570.201(c) Priority: Infrastructure Improve quality/increase quamity of public improvemems for low income Special Objective: persons. Goal: 64 People Primary Purpose: ~] Homeless ~] HIV/AIDS ~] Disabled Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipiem: Local Governmem Location: CT 21200 BG 2 - 72.72% LM Start & Completion Date: 10/01/05 - 08/31/06 Page 8 DAY STAY FOR ADULTS - $12,000 (CDBG) Provision of day activity programming and health services to functionally impaired adults. Funds will be used to subsidize daycare costs not covered by Medicaid reimbursemem. Program will be carried out by Day Stay for Adults. HUD Matrix Code: 05A Senior Services 570.201(e) Priority: Non-homeless special needs Special Objective: Improve the services for low/moderate income persons. Goal: 6 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.500(c) Location: Address - 2109 University Dr., DeNon Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 DEMOLITION OF SUBSTANDARD STRUCTURES - $30,000 (CDBG) Demolition and clearance of vacant substandard structures that contribute to the deterioration of neighborhoods. Program carried out by the City's Community Developmem Division. HUD Matrix Code: 04 Clearance and Demolition 570.201(d) Priority: Infrastructure Special Objective: Improve quality/increase quamity of neighborhoods for low-income persons. Goal: 20 Structures Primary Purpose: [] Homeless [] HIV/AIDS ~ Disabled Eligibility: 570.208(b)(2) - Slums Blight Spot Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 DENTON AFFORDABLE HOUSING CORP - $105,015 (HOME) Provision of acquisition, rehabilitation and resale of affordable homes in Denton, including down payment and closing costs assistance. Program carried out by the Denton Affordable Housing Corporation. HUD Matrix Code: 14G Acquisition for Rehabilitation 92.205 (a) Priority: Housing Special Objective: Increase the availability of affordable owner housing. Goal: 12 housing units Primary Purpose: ~ Homeless ~ HIV/AIDS ~ Disabled Eligibility: N/A Subrecipiem: CHDO 92.2 Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 Page 9 DENTON CITY-CO. DAY SCHOOL - $30,000 (CDBG) Provision of childcare services for low income children between the ages of 2 years and 5 years. Funds will be utilized pay for teacher's salaries. The program carried out by the Denton City-County Day School. HUD Matrix Code: 05L Child Care Services 570.201(e) Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 80 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Private 570.500(c) Location: Address - 1603 Paisley St., Denton Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 DENTON COUNTY NIHNIR (SIERRA) - $5,342 (CDBG) Provides case management to persons with mental illness who are incarcerated in the Denton County ail or who are in the community on probation. Funds will be utilized for the Sierra Program. Program carried out by Denton County Mental Health Mental Retardation Center. HUD Matrix Code: Non-homeless Special Needs Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 20 People Primary Purpose: [] Homeless ~ HIV/AIDS ~ Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Public 570.500(c) Location: Address- 2519 Scripture St., Denton Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 EAGLE DRIVE SIDEWALKS - $117,950 (CDBG) Installation of new sidewalks on south side of Eagle Drive from Avenue C to Bernard. Project will also include installation of disability ramps. Project will be carried out by the City's Engineering Dept. HUD Matrix Code: 03L Sidewalks5 70.201(c) Priority: Infrastructure Improve quality/increase quantity of public improvements for low income Special Objective: persons. Goal: 4093 People Primary Purpose: ~ Homeless ~ HIV/AIDS ~ Disabled Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: CT 21100 BG 2; CT 21000 BG 1-3; 84.73% LM Start & Completion Date: 10/01/05 - 07/31/06 Page 10 FAMILY HEALTH CARE - $25,000 (CDBG) Provision of a prenatal clinic aiding women who are without private insurance or Medicaid. Funds will be used to procure services for non-Medicaid eligible, low-income pregnam women. Program will be carried out by Family Health Care, Inc. HUD Matrix Code: 05M Health Services 570.201 (e) Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 100 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Address - 525 S. Loop 288, Suite A, Denton Texas 76205 Start & Completion Date: 10/01/04 - 09/30/05 HABITAT FOR HUMANITY OF DENTON COUNTY - $48,000 (HOME) Funds will be used to purchase a minimum of 5 lots in DeNon for the construction of affordable homes for low-income families in DeNon. Program will be carried out by Habitat for Humanity of Demon. HUD Matrix Code: 12 Construction of Housing 92.205 (a) Priority: Housing Special Objective: Increase the availability of affordable owner housing. Goal: 5 Housing Units Primary Purpose: [] Homeless ~ HIV/AIDS ~ Disabled Eligibility: N/A Subrecipiem: Private 570.200(c) Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 HOME ADMINSTRATION - $3,500 (HOME PI) and $57,946 (HOME) HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community Developmem Division. Funding includes $3,500 in HOME Program Income. HUD Matrix Code: 21H HOME Admin/Planning Costs of PJ (subject to 10%) 92.207 (a) Priority: Planning & Administration Special Objective: Improve the services for low/moderate income persons. Goal: N/A Primary Purpose: ~ Homeless ~ HIV/AIDS ~ Disabled Eligibility: N/A Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 Page 11 HOME IMPROVEMENT PROGRAM - $132,340 (CDBG), $41,600 (CDBG PI), $368,500 (HOME) and $31,500 (HOME PI) Rehabilitation of owner-occupied structures in targeted neighborhoods. Funds are available in low interest loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed. Funding includes CDBG ($41,600) and HOME ($31,500) Program Income. Program will be carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 CDBG / 92.205 (a) HOME Priority: Housing Special Objective: Improve the quality of owner housing. Goal: 7 Housing Units Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 HOMEBUYER ASSISTANCE PROGRAM - $165,915 (CDBG) HAP is designed to provide homeownership opportunities for low and moderate-income families who live in Denton. The program provides down payment, closing costs and gap assistance to eligible households. Program carried out by the City's Community Development Division. HUD Matrix Code: 13 Direct Homeownership Assistance 570.202 Priority: Housing Special Objective: Increase the availability of affordable owner housing. Goal: 12 Households Primary Purpose: [] Homeless ~ HIV/AIDS ~ Disabled Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 Page 12 HOPE, INC. - $25,000 (CDBG) Provision of financial assistance and case management to families who are homeless or at risk to be homeless and seeking to secure permanem housing. Funds will be used to assist the homeless and )otemially homeless families with rem, utility, food, and childcare needs. Program will be carried out by HOPE, Inc. HUD Matrix Code: 05 Public Services (General) 570.201(e) Priority: Public Services Special Objective: Increase the number of homeless persons moving imo permanem housing. Goal: 55 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Community Wide Start & Completion Date: 10/01/04 - 09/30/05 INTERFAITH MINISTRIES - $14,000 (CDBG) Provision of emergency utility bill assistance to low-income residems of Demon. Funds will be used to )rovide emergency utility assistance for low-income families. Program will be carried out by Imerfaith Ministries of Denton, Inc. HUD Matrix Code: 05Q Subsistence Paymems 570.204 Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 100 People Primary Purpose: [] Homeless ~ HIV/AIDS ~ Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Address - 109 W. Sycamore, Demon Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 MINOR REPAIR PROGRAM - $88,000 (CDBG) Program serves low-income homeowners by providing a gram of up to $5,000 for repairs. Repair cannot be covered by homeowner's insurance. Program carried out by the City's Community Developmem Division. HUD Matrix Code: 14A Rehab; Single-Unit Residemial 570.202 Priority: Housing Special Objective: Improve the quality of affordable owner housing. Goal: 15 Housing Units Primary Purpose: [] Homeless ~ HIV/AIDS ~ Disabled Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipiem: Local Governmem Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 Page 13 OTHER RESOURCES AVAILABLE Also, during the 2005 Program year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General Fund dollars. The Human Services Advisory Committee has recommended funding the following human services program. It is recommended that these activities be funded through Denton's general fund budget. City Council will consider approval of the following recommendations in September 2005. Category / Agency General Funds RSVP I $10,000 SPAN I $25,000 E~g~n~ s eE~i~es Community Food Center I $2,000 Hope, Inc - HMIS $18,000 Salvation Army $20,000 S Peel a l~ e e ds Se~ ~i ~ ~S Sickle Cell Disease Association $6,500 Denton Co. Federation of Families $10,000 Nouth Children Fa~il~ Sgr i~e$ CASA $8,000 Children's Advocacy Center $12,000 Communities in Schools $5,000 Denton Christian Preschool $30,000 Denton Co. Friends of the Family $28,000 Denton Family Resource Center $7,800 Fred Moore Day Nursery $25,000 Owsley Comm. School - After School $13,000 People's Clinic $25,000 ~o~al Page 14 STRATEGIES & PROPOSED PROJECTS The City of Denton's 2005 funding has been allocated to programs and activities that meet objectives stated in Denton's five-year strategic plan. Following is the list of the five-year strategies and proposed outcomes stated in the 2005-09 Consolidated 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 Activities RENTAL HOUSING STRATEGIES Encourage and support the development of small mixed-income rental developments in accessible areas. An addition of 100 affordable units in mixed income developments would assist in meeting this outcome measure. Encourage self-sufficiency among households that currently receive rental subsidies and other forms of public support. Encourage and support the rehabilitation of substandard units. Encourage and assist low- income renters to become homeowners. Target programs and information to minorities and the elderly. Rental assistance and other forms of public assistance to approximately 25 households Rehabilitation Approximately 25 units. Approximately 250 renters will be assisted. Four newsletters per year will be sent out. Additional information will appear on cable channel. Provide support for low-income housing tax credit and bond proposals for development. Work with and provide funding when appropriate to support transitional housing and self-sufficiency programs administered by Denton Housing Authority, HOPE, Inc and Cumberland Presbyterian Children's Home. Continue to support effort in the City's Rental Rehabilitation Program with residual funds. Funding City's Homebuyer Assistance Program, DAHC's Affordable Housing Opportunity Program and Habitat for Humanity for a total of 29 households. Support ofDAHC's Infill New Construction Program and Nevada Court Project. Support for Denton Housing Authority's Family Self Sufficiency Program. Continuation of TBRA Program with residual funds. Disseminate program information in Spanish and English to organizations serving these groups. OWNER-OCCUPIED HOUSING STRATEGIES Educate homeowners regarding home maintenance and budgeting for major and minor repairs and safe cleaning practices. Information will be provided to 20-25 households Four to five households will be provided successful homeowner education. Page 15 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Assist low and moderate- Provide minor repairs to Funding of the Minor Repair Program for 17 income households with approximately 120 very households. minor housing repairs and low to moderate-income weatherization, homeowners. Encourage and assist low Assistance to 25 to 35 Funding of the Home Improvement Program and moderate-income households, for 7 households. homeowners to maintain their units up to current City of Denton code standards. HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS Educate homebuyers Information will be Support of Fannie Mae and HUD approved regarding home buying provided to 150 prospective homeowner-ship workshops by local agencies process and household homebuyers, and lenders budgeting. Encourage and assist low Approximately 150 renters Funding of Homebuyer Assistance Program, and moderate income will be assisted. Habitat for Humanity and the DAHC's renters to become Affordable Housing Opportunity Program for a homeowners, total of 29 households. Support production of Construction of an Funding of Habitat for Humanity for 12 affordable units, estimated 75 new units, households and support of DAHC and City's Infill New Construction Program and DAHC's Nevada Court Project and the New Construction Program. CONTINUUM OF CARE - PREVENTING HOMELESSNESS Provide assistance for low- 1) Support at least three 1 a) Support and refer persons to local business income households to educational classes and agency's' First Time Homebuyer secure and sustain safe, concerning securing and classes and Credit Counseling Classes decent affordable housing maintaining a home. lb) Provide funding to HOPE, Inc in support of 2) Support 250 individual/ programs including Housing Counseling family units of services 2a) Provide administrative support and funds to secure and maintain including any Emergency Shelter Grant housing including Program or Emergency Food and Shelter prevention of foreclosure Program Awards to HOPE, Inc and The and eviction a year Salvation Army for homelessness prevention assistance to at least 250 persons. 2b) Provide Tenant Based Rental Assistance from HOME funds to the Elderly and Disabled to maintain independent living and to prevent homelessness. Page 16 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE - OUTREACH AND ASSESSMENT 1) Improve community assessment of needs and services available 2) 3) Support at least five homeless service agencies participating in the HMIS in three years. Complete implementation of the Denton County HMIS project in three years. Support a county-wide coordinated Discharge Policy and Plan to End Chronic Homelessness in two years 2a) 2b) 3) Provide funds to the Denton County Homeless Management Information System to enroll and support homeless service agencies. Complete first phase of Denton County HMIS project Implementation including contracts with software provider and for HMIS technical services support. Assist Denton County HMIS Project management to complete HMIS policies and procedures. Assist the Denton County Homeless Coalition organize a taskforce to create and implement a plan to in Chronic Homelessness including a coordinated discharge policy. CONTINUUM OF CARE - EMERGENCY SHELTER Meet the emergency shelter and basic health, food, clothing, and personal hygiene needs of the homeless and victims of domestic violence. 1) 2) Support at least 1,000 emergency shelter nights of stay a year. Assist local agencies to apply for at least three grants to provide supportive services to all homeless, victims of domestic violence, homeless families or homeless youth. 1) Provide funds to the Demon County Friends of the Family Safe Shelter and The Salvation Army to support at least 1,000 nights of stay. 2a) Assist The Salvation Army, and Denton County Friends of the Family to apply for Emergency Shelter Grant Program Funds 2b) Assist Denton County MHMR to apply for Supportive Housing Program and/or Shelter Plus Care Funds. 2c) Assist AIDS Services of North Texas apply for Supportive Housing Program Funds. Page 17 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE - TRANSITIONAL HOUSING 1) a) Meet the transitional housing and supportive service needs of the homeless and victims of domestic violence in preparation for a move to permanent or permanent supportive housing. 2) Support at least 1 O0 individuals/families provided with transitional housing a year. Assist local agencies to apply for at least two grants to provide additional transitional housing and supportive services Support the increase use of transitional housing and/or supportive services to prepare individuals for permanent housing in the Ten Year Plan to End Homelessness. Provide funds to the Salvation Army to support a transitional shelter program for an estimated 69 persons. b) Provide funds to HOPE, Inc to support a transitional housing program for an estimated 50 persons. 2a) Provide local agencies with information on grant opportunities for funds to support transitional housing and supportive services. 2b) Provide documentation for and assist with the completion of applications to request Emergency Shelter Grant Funds and Supportive Housing Program funds for transitional housing and supportive services 3) Attend Ten Year Plan to End Homelessness meetings and provide information on the importance and need for transitional housing and/or supportive services. CONTINUUM OF CARE - TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING Provide homeless and victims of domestic violence with permanent or permanent supportive housing. 1) Assist agencies to apply for at least two grants to provide permanent supportive housing with an emphasis on chronic homeless and persons with a severe mental illness and/or HIV positive status. 2) Assist at least two community partnerships/ collaborative efforts to provide additional permanent housing opportunities to the homeless and victims of domestic violence a) Assist AIDS Services of North Texas and Denton County MHMR apply for Supportive Housing Program funds for permanent supportive housing program projects. b) Provide local agencies with information on grant opportunities for funds to support transitional housing and supportive services. 2a) Participate in the Affordable Housing Coalition and the Denton County Homeless Coalition. 2b) Provide funding to support programs of HOPE, Inc, Denton County Friends of the Family, and Denton Affordable Housing Corporation who have a collaborative effort to move victims of domestic violence from emergency sheker to Transitional housing in preparation for stable, sustainable permanent housing. Page 18 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities LEAD-BASED PAINT STRATEGIES Educate homeowners, rent property owners/managers and contractors regarding disclosure, the history of lead-based paint, its hazards to children and how to use safe work practices when disturbing paint in older housing. Reduce Lead-Based Paint Hazards in owner and renter-occupied residential units as needed. 30 households and 50-75 contractors and property managers received field guides for painting, home maintenance and renovation work instructions. 20 owners, managers or contractors receive individual safe work practice video training for the five-year period Average of 40 units will receive lead-based paint inspection, hazard control reduction work or abatement, pass inspections and, when required, meet final clearance over the five-year period. Six owners and 12 contractors or property managers will receive field guides for Lead Paint Safety painting, home maintenance and renovation work instructions. Four owners, managers or contractors receive individual safe work practice video training and lead-related regulation training. In properties built before 1978, two minor repairs, one rental rehabilitation, three owner occupied rehabilitations and three homebuyer assistance projects will be completed and receive lead-based paint reduction work, pass inspections and meet final clearance in compliance with 24 CFR 35 regarding lead- based paint during 2005. For the Homebuyer Assistance Program, only a visual inspection will be conducted and property must pass inspection. HUMAN SERVICES STRATEGIES 1) la) Meet the basic food needs of the homeless and low- income 2) Support at least 5,000 emergency meals and food bags a year Support at least 350 meals and nutritional food bags/shops a year Provide funds to support the Community Food Center who will provide emergency food bags to an estimated 5,000 households lb) Provide funds to support The Salvation Army in Denton who will provide meals to an estimated 80 persons in the transitional shelter program. 2a) Provide funds to support the Nutrition Center of AIDS Services of North Texas to provide an estimated 60 persons with weekly nutritional shops. 2b) Provide funds to support SPAN who will provide an estimated 5,000 meals to elderly. Page 19 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Meet the basic shelter 1) Support at least 1,000 1) Provide funds to the Denton County Friends needs of homeless and emergency shelter nights of the Family Safe Shelter to support an low-income persons of stay a year estimated 3,000 nights of stay. 2) Support at least 100 2a) Provide funds to The Salvation Army to individuals/families support a transitional shelter program for an provided with transitional estimated 69 persons. housing a year 2b) Provide funds to HOPE, Inc to support a 3) Provide at least 100 hours transitional housing program for an of staff time in support of estimated 50 persons. at least 3 projects for the 3a) Provide 10 staff hours to support the Denton Denton County Homeless County Homeless Count conducted by the Coalition a year Denton County Homeless Coalition 4) Support 250 individual/ (DCHC). family units of case 3b) Provide 60 staff hours to support the DCHC management and other application for Continuum of Care funds. services to maintain 3c) Provide 30 staff hours to support the DCHC housing including application for Emergency Shelter Grant prevention of foreclosure Program Funds. and eviction a year 4) Provide funds to HOPE, Inc 30-90 day program to support 250 persons secure and maintain housing. Foster and maintain an 1) Participate in at least 3 la) Participate in the Denton County Homeless environment where coalitions and/or Coalition in the effort to prevent and end families, neighborhoods, collaborative efforts for homelessness. and communities enjoy community initiatives to lb) Participate in the Success by Six Children's strong, supportive foster and maintain an Coalition in an effort to improve the lives of relationships environment to promote children and their families. strong, supportive 1 c) Participate in the Denton Information relationships Network in the effort to network and 2) Support at least 250 increase collaboration between health and individuals/family units human service agencies in the City of of childcare, after-school Denton. and summer care, 2a) Provide funds to three daycares to support parenting skills, and adult the provision of childcare to an estimated education assistance a 200 families. year 2b) Provide funds to four after school/summer care programs to support the provision of childcare to an estimated 75 families. Page 20 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities (Continuation from 3) Support at least 200 units 3a) Provide support to Denton County Friends previous strategy) of domestic violence and of the Family for the provision of domestic sexual assault direct violence and sexual assault victim services Foster and maintain an services over a year including counseling and a hotline to an environment where 4) Support at least 100 units estimated 150 person. families, neighborhoods, of domestic violence and 3b) Provide support to Children's Advocacy and communities enjoy sexual assault prevention Center for Denton County to provide sexual strong, supportive education and training a abuse/assault services to an estimated 50 relationships year children and non-offending families members. 4) Provide support to Denton County Friends of the Family for the provision of and estimated 100 community education and offender classes to prevent domestic violence and sexual assault. City residents have access 1) Support at least 75 units 1) Provide support the Family Health Care and to health care to be as of health care services a Peoples Clinic for primary health care and physically and mentally fit year pre-natal services to at least 75 persons. as possible 2) Participate in at least 2 2a) Participate in the 100% Geriatric Services in coalitions/collaborative Denton County Workgroup in the effort to efforts to improve enrich and improve the lives of the elderly. availability of health care 2b) Participate in the Denton County Federation especially for low- of the Families effort to support and income persons, elderly, promote advocacy skills in families with and people with children with sever emotional, behavioral, disabilities and mental health needs. 3) Support at least 25 units 3) Provide funds to Denton County MHMR of mental health care SEIRRA Program and Denton County services Federation of Families to support at least 25 units of mental health care support services, counseling, and case management. INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES Street paving and Paving and repaving Funding of Anderson and Cook Street repaves repaving, installation of projects will support 700 for a total of 2,830 people. curb and gutter, people. Installation of new Sidewalk projects will Funding of Eagle Drive Sidewalks for a total sidewalks and replacement support 235 people, of 4,093 people. sidewalks. Installation of water and Water and sewer projects Funding of Cook St. Waterline Replacement sewer lines. Connection of will support 120 people. Project for a total of 64 people. residential units to services. Page 21 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Installation of drainage 10-15 properties will be Not applicable this year. improvements including affected by drainage improvements that will improvements. remove residential properties from floodplain. Rehabilitation and Improvement to at least 2 Not applicable this year. expansion of public public service facilities. services facilities. Improve and/or expand Improvements to least 2 Not applicable this year. park facilities including park facilities. open space, playground and other recreational facilities. DEMOLITION STRATEGIES Continue to demolish To demolish 25 structures Funding of the Demolition Program for 6 substandard buildings to during the five-year period, structures. improvement the appearance and safety of neighborhoods ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES Support training and Provide economic Provide non-federal incentives to organizations expand training and opportunity by supporting to create jobs. Work with job training employment activities activities that create jobs. organizations to promote training in specific targeted to poverty and areas of need. very low-income households. Expand educational Provide counseling and Provide funding to transitional housing opportunities for those education services to 25-35 providers. Request that information on seeking transitional transitional housing clients, educational opportunities be provided to housing or other housing clients. support services. Encourage support of Over the five-year period Monitor federally funded projects and work Section 3 goals by local 25+ individuals hired for with contractors to ensure that Section 3 contractors, projects by private requirements are fulfilled. contractors. Encourage start-up and Provide loan assistance to Continuation of the City's Small Business expansion of micro/cottage 25 micro businesses over Loan Program with residual funds to provide industries supporting very the five-year period, two to three loans during the program year. low-income households. Page 22 2005 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts Minority Concentration Census Tracts 0 - 25% +25% - 30% +31% - 40% +41% - 50% +50% - 100% Source: U.S. 2000 Census 2005 Projects and Activities 1. AIDS Services of North Texas 2. Anderson Street Repave 3. Cook St. Repave & Waterline Project 4. Day Stay for Adults 5. Demon City-Co. Day School 6. Denton County MHMR 7. Eagle Dr. Sidewalks 8. Family Health Care 9. Interfaith Ministries 10. King's Kids Day Kamp 11. Owsley Summer Playground Program Communi _ty-Wide Activities CDBG and HOME Administration Demolition of Substandard Buildings Demon Affordable Housing Corp. - AHOP Habitat for Humanity of Denton County Home Improvement Program Homebuyer Assistance Program HOPE, Inc. Interfaith Ministries Minor Repair Program PARD: ASAS Scholarships Page 23 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM - FORMS OF INVESTMENT The City of DeNon, through the Homebuyers Assistance Program (HAP) and DeNon Affordable Housing Corporation, through the Affordable Housing Opportunity Program (AHOP) will provide subsidies to low and moderate-income homebuyers. Under the HAP program the maximum HOME subsidy will be $14,900. This amouN includes all investmeN that enables the family to purchase the unit. This sets up a 5, 10 or 15-year recapture period for all homebuyers. The subsidy is provided as a 5, 10 or 15 year deferred forgivable loan. Under the AHOP program the maximum HOME subsidy will also be $14,900 and is set up as a 5-year recapture period. According to the promissory note, 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 complies with the terms of the promissory note, deed of trust and the program, the City of Denton and DAHC agree to release the maker of the note from payment of the loan. Borrower agrees not to sell, lease, or transfer any interest therein during the term of the loan. In the event that the borrower sells, leases or transfers the property, the City of DeNon and DAHC will require that the loan balance be repaid. If the borrower sells the property or if the property is foreclosed upon, or transferred in lieu of foreclosure, the loan balance will be repaid from the net proceeds. Net proceeds are defined by HUD as the sale price less closing costs and mortgage payoff. If the net proceeds of the sale are not sufficient to repay the loan balance, the City of Denton and DAHC can reduce the amount based on the available net proceeds at the time of sale. Recaptured funds from the either program will be used to assist other first-time homebuyers. Funding agreemeNs and/or coNracts with community housing developmeN corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to coNinued affordability of assisted units. There are no other forms of investmeN that are not described in §92.205(b) by the City of DeNon. HOME PROGRAM - TENANT BASED RENTAL ASSISTANCE The City of DeNon's TenaN-Based ReNal Assistance Program (TBRA) has been developed to assist very low-income households in obtaining safe, sanitary housing. The following statistics about elderly or the need for renal assistance are stated in the 2005 Consolidated Plan for Housing and Community Development: 66% of the reNer households in DeNon are below 50% of the area median income and are considered very low-income households. Waiting lists for Section 8 subsidies or subsidized housing units has 1476 very low-income households. 37% of the elderly in Denton are renters. More than 65% have incomes at or below 50% of the area median income. 54.8% of elderly reNer households report housing problems. 31% of the elderly reNer households in this category have a cost burden, 37% have a severe cost burden. Page 24 Housing studies indicate that there is adequate housing for middle and upper income elderly. However, service providers state a need for additional housing that is within the reach of low and very low-income elderly. Support services, designed to allow the elderly to remain independem, are needed as a supplement to the housing assistance. The information discussed in the 2000-2005 Consolidated Plan concerning the need for affordable renal housing for the elderly and citizen requests for assistance for persons with disabilities has led the City of Denton to adopt a Tenant Selection Policy. This policy will be used to determine appropriate participants under the City's Tenant-Based Rental Assistance program. TBRA is an essemial elemem of DeMon's Consolidated Plan and will serve to expand the supply of affordable, decem, safe and sanitary housing for very low-income households. MONITORING STANDARDS AND PROCEDURES The City of DeNon will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishmems. Based on the comparison the City of Demon will consider making changes or updates to the 5-year Consolidated Plan. The City of DeNon provides CDBG, HOME and General funds to several non-profits agencies and departmems providing supportive services. The City's Human Services Coordinator monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars to ensure that they have access to pertinent information. Agencies are required to provide quarterly beneficiary and financial reports. A year-end report is required to detail annual expenditures, beneficiary information, funding sources and major accomplishmems. Each year, the Human Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes a review of cliem files, financial and accouming records, and procuremem procedures. Independem audits are also submitted and reviewed by the City staff. A similar process is also followed to monitor the DeNon Affordable Housing Corporation, a certified CHDO. The City's Community Developmem Administrator with the help of the Coordinator monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. Programs and projects carried out by the City are monitored daily. Staff maimains checklists on individual projects to ensure that all required procedures have been completed. The Housing Rehabilitation Staff maimains records on all rehabilitation projects. The Community Developmem Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maimains records on public infrastructure projects. The Administrator reviews and certifies all applications prior to provision of assistance. A year-end report that details expenditures, revenue, beneficiary information and major accomplishmems is also required from all City programs and projects. Page 25 PUBLIC HOUSING IMPROVEMENTS The City of Demon has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Demon has no public housing units. However, City staff will cominue to work with the Denton Housing Authority to promote the Homebuyers Assistance Program to those currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies were included in the Consolidated Plan. INSTITUTIONAL STRUCTURE The City of Demon's 2005-2009 Consolidated Plan notes six "gaps" in organizational structure that hinder effective housing and social services delivery. These gaps include the following with the City's efforts to ameliorate these conditions during the coming year: Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Demon. Housing organizations often compete for resources when coordination and partnership efforts would be more effective. Work with the Denton Housing Coalition to bring other housing providers and professionals into the organizations. Participate in the North Texas Housing Coalition that includes larger metroplex communities such as Dallas and Fort Worth. Form coalitions and collaborative relationships with NTHC members when appropriate. 2. Need for more effective coordination between emergency assistance agencies. Assist with the development of the Homeless Management Information System including administration of the first year of a three-year Supportive Housing Program grant received from US Departmem of Housing and Urban Development (HUD). Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Comractor training along with additional funding targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program. Community Developmem housing staff will seek out training opportunities and inform contractors of the training. Staff will also work with housing partners such as HUD, the TX Departmem of Housing and Community Affairs (TDHCA) and the Demon Affordable Housing Corp. to provide contractor training on lead abatement and interim controls. Request additional funds under the Lead Hazard Comrol Gram program if it is available and the City's application would appear to score highly based on the program criteria. Page 26 4. Lack of shelter facilities for families and youth. Work with Denton County Homeless Coalition to develop and support additional shelter facilities. Include proposed activities in the "Ten-Year Plan to End Chronic Homelessness. Some additional emergency shelter facilities or alternative housing programs should be available in Denton County within the ten-year plan period. 5. Need for service coordination and referral services that go beyond activities of HMIS, including application intake, referral and coordinated case management. Participate in an interdisciplinary initiative by the University of North Texas to create a countywide information and referral network for community housing, health, and human services. 6. Lack of coordination of homebuyer/homeowner educational services needed to provide a higher level of information. Work with local agencies, lenders, realtors and university to create a unified vision for homeownership/homeowner workshops that will provide beneficial information so that homeowners and homebuyer will be successful homeowners in the near future. Page 27 LOCAL GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community 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 provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in 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 in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving 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 Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Page 28 Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will 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 in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date [ Michael C. Conduff Name I City Manager I Title [ 215 E. McKinney Street Address [ Denton Texas 76201 City/State/Zip [ (940) 349-8307 [ Page 29 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 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 which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. 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 resources are not available); o Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2005, (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 activities that benefit such persons during the designated period; o Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with 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 of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public 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 public improvements financed from other revenue sources. In this 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) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Page 31 Excessive Force -- It has adopted and is enforcing: 7. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil fights demonstrations; and o 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 fights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in 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-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. Signature/Authofized Official Date [ Michael C. Conduff Name I City Manager I Title [ 215 E. McKinney Street Address [ Denton Texas 76201 City/State/Zip I (940) 349-8307 Telephone Number [ Page 32 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible 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 in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date [ Michael C. Conduff Name I City Manager I Title I 215 E. McKinney Street J Address [ Denton Texas 76201 City/State/Zip I (940) 349-8307 I Telephone Number [ Page 33 APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is 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 required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug-Free Workplace Certification 9. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 10. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates 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. 11. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 12. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 13. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street City County State Zip Community Development 101 S. Locust, Denton Denton TX 76201 Division Suite 500 Page 34 14. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. 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); "Conviction'' means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. 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 include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti-displacement and Relocation Plan Signature/Authorized Official Date [ Michael C. Conduff Name I City Manager Title I 215 E. McKinney Street Address [ Denton, Texas 76201 City/State/Zip I (349) 349-8307 Telephone Number Page 35 PUBLIC HEARING MINUTES - ENGLISH Monday, December 6, 2004 MLK Recreation Center at 1300 Wilson Street, Denton Texas Staff Presem: Nancy Baker, Anita Ferguson, Becky Guthrie, Gordon Meredith, Wendy Nalls, Frank Payne, Barbara Ross Attendees: Susie Gardner Rick Andresen Peternia Washington Eddie Touraine - CDAC Member Willie Taylor Jack Thompson - City Council Amy Pape - Cumberland Ruby Cole Laura McDade Sandra Benavides - CDAC Member La Nelle Winn- CDAC Member Charles McLain- HSAC Member Barbara Ross began the public hearing with imroductions of staff, committee members and council members. Ms. Ross then reviewed the 2003 - 2004 Community Developmem activities. Five public improvemem projects were completed or initiated including McKinney Street Sidewalks, Inman Water/Wastewater, Fred Moore Restrooms, MLK Lighting and Denton City County Day School Sidewalks/Parking Lot. The City assisted 25 new homebuyers. Two single- family units were rehabilitated and four were reconstructed. Two small businesses were assisted under the Microemerprise Loan Program. The City of DeNon also provided funding for 24 social service agencies. Wendy Nalls asked those in attendance to give their priority projects under several differem categories including public improvemems, housing, social services and economic developmem. The following is a list of those priorities: Public Works · Installation of sidewalks on Eagle from Bernard to Avenue C · Street improvement to correct sinking hole problem at Baldwin & Morse · Duncan/Kerley intersection - street drainage problem · Greenway/Lakewood Drive street improvemems · Building for agency services such as the Boys and Girls Club · Traffic lights at intersections on Elm Street · Pocket parks in SE Denton area · Lights on rail trail at Brinker Road · Bike lane on Eagle Page 36 Social Services · Emergency Services/Shelter · Home Health Services · After School Program Scholarships · Literacy Programs Housing · Rehabilitation/Reconstruction Program · Rental Assistance Economic Development · Loan program targeted to women-owned businesses Demolition · Skinner/Prairie house · Lakey/Morse house Ms. Ross noted that some projects such as the lights on the rail trail and sidewalks along Eagle Street might not be eligible since the activities may not primarily serve the low/mod-income population. Also, traffic lights at intersections on Elm would not meet the low/mod requirement since it was not within a "neighborhood." She also noted that with Fred Moore Park, Phoenix Park and the MLK area, that SE Denton had a significant amount of recreational space and that additional pocket parks might not be considered for that reason. Those present also discussed the City's policy regarding bike lanes and whether they planned to continue designating these. Ms. Nails asked those present to indicate their top priorities by using colored tabs and placing them by each priority activity listed. The following activities received priority ratings: · Housing rehabilitation/reconstruction - 3 · Rental assistance - 3 · Eagle Sidewalks - 3 · Duncan/Kerley drainage - 3 · Home health services - 3 · After school program scholarships - 1 · Emergency services - 1 · Building for agency services - 1 Attendees were reminded that they could continue to call in comments until April regarding the City's federally funded activities. The public hearing on December 13th was announced. It was noted that the hearing would be in Spanish. The hearing was adjourned. Page 37 PUBLIC HEARING MINUTES - SPANISH Monday, December 13, 2004 MLK Recreation Center at 1300 Wilson Street, Denton Texas Attendees: Sandra Benavides, Jorge Urbina and Rudy Moreno Staff Present: Luisa Rodriguez-Garcia and Alma Espino Luisa Rodriguez-Garcia opened the public hearing at 6:45 p.m. Ms. Rodriguez-Garcia stated that the purpose of the public hearing was to get citizen input on the use of the City's federal funds from the U.S. Department of Housing and Urban Development. She reviewed the funding sources from HUD and approximately the amount of funds that would be available for the 2005 program year. She mentioned that the City of Denton receive both Community Development Block Grant and HOME Investment Partnership Grant funds. Ms. Rodriguez-Garcia reviewed eligible activities under both the CDBG and HOME programs and gave attendees information on last year's activities and accomplishments. She then asked for comments or questions. Jorge Urbina stated there is a need for the construction of a building at the Day Laborer's Site on Collins and Fort Worth Drive. He mentioned that the building needed to be equipped with telephone lines and staffrestrooms to provide services and training opportunities for the day laborers. He also mentioned that he fek very strongly that the City or a non-profit needed to apply for CDBG funds for the construction of the building. Rudy Moreno agreed with Mr. Urbina and stated that the construction of a building on at the Day Laborer's site was essential in meeting an important need in our community. Jorge Urbina mentioned that the Workforce Commission had agreed to provide a part-time person to provide services to the day laborers. He also mentioned that many other surrounding communities that have a similar building for services charge the contractors or persons needed the help of the day laborers a small fee to paid for the ongoing maintenance of the building. Ms. Urbina also stated that there was a need for the City of Denton to be involved with a comprehensive bilingual information fair in both Spanish and English. The informational fair can provide citizen a one- stop shop for information on an array of services available in the city, such as human services, health program, housing programs, employment training, legal services, small business funding and much more. He mentioned that a city in the Metroplex has a similar information fair that coincides with back to school and provides school supplies to needy children. According to Jorge Urbina, he has seen a rise in the number of calls for small business loans. Alma Espino mentioned that the City of Denton currently provides small business loans at 3 % for up to $10,000 for business expansion or start-up. Luisa also mentioned that the City's Small Business Program recently provided business loans to a bakery and a photography business. Mr. Urbina also mentioned to Alma Espino that he had recently had an opportunity to talk to a group of lenders in the Metroplex where he mentioned that they needed to find out if their city provides housing program similar to Denton. He mentioned that the City of Denton provides a variety of different housing programs that are very much needed in our community, such as the Minor Repair, Home Improvement and the Homebuyer Assistance Program. No additional comments were received so the meeting was adjourned. Page 38 Action Plan Public Hearing Minutes April 5, 2005 City Council Meeting Page 39 MINUTES FROM 30-DAY COMMENT PERIOD April 3, 2005 through May 3, 2005 The following comments were received during the City of Denton's 30-day comment period on the 2005 Action Plan for Housing and Community Development: Page 40 Official Minutes Community Development Advisory Committee January 31, 2005 Economic Development Conference Room Members Present: Ron Aldridge, Cassandra Berry, Hank Dickenson, Peggy Fox, Charlye Heggins, Edward Touraine, and La Nelle Winn Members Absent with Notification: Sandra Benavides, Maureen Jamail Staff Present: Barbara Ross Eddie Touraine, chair, called the meeting to order. Mike Cagle and Zackery Loiselle from the Building Inspections Department were introduced. Mr. Cagle reviewed the procedures for demolition projects. He stated that structures could be demolished with owner consent or through the building condemnation process. Mr. Cagle added that they try to get four or five structures for the demolition bid to keep the cost down. Three properties are scheduled to go to the Building Code Board on February 17th. They are currently working 12 to 14 structures. Demolition of each structure averages approximately $3,400. Committee members pointed out that the history of the program does not indicate that they will increase the number of structures being demolished on an annual basis. Nancy Bake, CD housing programs manager, indicated that at one time a Building Inspection staff member was dedicated to working on the substandard building problem. After she left, no one was assigned that responsibility but now it appears that Building Inspections plans to dedicate some staff to the effort again. Hank Dickenson asked if their goal was to expend the entire $80,000 during the program year. Mr. Cagle indicated that it was. Cassandra Berry asked if this was the only funding they received to demolish buildings and Mr. Cagle stated that it was. Ms. Baker indicated that the Fire Department has a small amount of funding to board up houses and secure them but no funding for demolition. Hank Dickenson asked who made up the Construction Advisory Board. Mr. Cagle indicated it was the building official, a local plumber and others in the construction industry. Ms. Berry asked about the photo at the back of the handouts. Mr. Cagle explained that is was a photo of a substandard unit that had been inhabited from time to time. The unit was in very poor condition. Alma Espino, CD housing specialist, and Gordon Meredith, residential construction specialist were introduced. Ms. Espino indicated that the request for the Home Improvement Program for the 2005-'06 year was $573,940. With these funds they could complete a minimum of seven projects. They currently have two projects waiting on the 2005-'06 funding. Ms. Espino provided a PowerPoint presentation showing several "before" photos of units with sagging walls, deteriorating bathrooms, no proper flooring and holes in the walls and windows. The "after" shots showed the "reconstructed" units. Ms. Espino stated that to participate in the program, the owners must be low to moderate-income and show the ability to pay back the HIP loan. She added that households with credit problems must work on those problems before they are approved for assistance. It was noted that some families have come in with poor credit and worked to get their bills paid off. They have then returned and received assistance from the city. Page 41 Staff offers assistance and referrals to those with credit problems. Ms. Espino reviewed the range of loans available based on household income. She also described the items that the program would take care of. Ms. Espino reviewed the Americans with Disability Act (ADA) features that the HIP program can install. The size of the unit and the number of bedrooms is determined by the household size. Mr. Touraine asked if the $573,000 was for seven units. Ms. Espino indicated that most projects entailed reconstruction rather than rehabilitation and that it also included some staff and administrative costs. Peggy Fox asked who had the responsibility for the relocation costs. Ms. Espino indicated that it was the household's responsibility but that there had never been any family that wasn't able to relocate for a reconstruction. Ms. Espino stated that staff attempts to help them find an affordable unit if necessary. Ms. Ross stated that many of the families doubled up with relatives during the construction. Everyone is informed regarding how long they will be out of their home prior to the start of construction. Ms. Berry asked if any of the families with disabled persons in the household ever receive assistance from the Texas Rehabilitation Commission. Ms. Espino responded that sometimes they do. The Denton Affordable Housing Corporation also has some units, including accessible units that are sometimes available for relocation. Mr. Touraine asked if child support was included in the income calculation to determine eligibility. Ms. Espino stated that it is included. Ms. Ross asked for the range of loan repayments that households were making. Ms. Espino stated that they range from about $300 to $0. If a family is extremely low-income and can be assisted with Federal Home Loan Bank funds that are also used in the program, then they may owe nothing. Luisa Rodriguez-Garcia, CD coordinator, was introduced. Ms. Rodriguez-Garcia explained the eligible household income levels and how they relate to the amount of funding available to each household in the Homebuyer Assistance Program (HAP). She stated that the program attempted to help households purchase houses that are in good shape and don't need a lot of work. She added that Gordon Meredith completes an inspection on each unit. Homebuyers are required to take a class and must contribute at least 1.125% of the sales price to help purchase the unit. Ms. Rodriguez-Garcia stated that staff reviews their income information very carefully to ensure that they need the assistance. If the household has assets of more than $5,000 then they are not eligible. The program is designed to help households with no other options. LaNelle Winn asked if the homeowner has to carry insurance. Ms. Rodriguez-Garcia responded that they are required to obtain a mortgage loan and must have insurance with that loan. Charlye Heggins asked if the education is a one-time thing or ongoing. Ms. Rodriguez-Garcia stated that currently it is a one-time thing but that staff is talking with Consumer Credit Counseling Services about post-purchase counseling. Ms. Ross commented that homeowner maintenance tips and other helpful information are usually included in the newsletter that goes out to recent program participants. It was noted that CD staff also helps participants to obtain their homestead exemption from the Denton Central Appraisal District. Peggy Fox asked if the homebuyer classes were at one time held at the MLK Center. Ms. Rodriguez-Garcia responded that this was the case a few years ago when staff was doing most of the class. Now Consumer Credit Counseling Services and various lenders have classes or one-on-one sessions available to clients. Ms. Rodriguez-Garcia reviewed the funding application. Mr. Dickenson asked why the last two years was so dramatically different from previous years referring to the drop in funding requested. Ms. Rodriguez-Garcia stated that is was primarily the housing market and poor economy that have caused homes to move slowly over the past couple of years. She added that lenders have come up with some loans that appear more attractive than the City's program. Page 42 Some changes have been made to HAP to make it work under the current economy. Mr. Touraine asked what type of homes could be purchased. Ms. Rodriguez-Garcia stated that the program doesn't assist with manufactured or mobile home units. Mr. Touraine thought that staff should consider allowing the purchase of manufactured homes. Ms. Rodriguez-Garcia stated that she would look into that possibility. Ms. Winn asked how staff educates prospective buyers about variable escrow costs. Ms. Rodriguez-Garcia stated that they are told the purpose of the escrow but told it would likely not remain the same as taxes and insurance costs increase. Gordon Meredith gave a presentation on the Minor Repair Program. He stated that the program guidelines had been revised to allow for a maximum lifetime (unit lifetime) limit of three minor repairs or $12,000 whichever came first. Mobile homes will be allowed three repairs or a limit of $6,000. He stated that staff is trying to direct households into the Home Improvement Program for a rehab or a reconstruct if their unit is in poor condition and constantly in need of minor repairs. Another change entailed rationing the funds over the entire year by capping the amounts expended in each quarter. Ms Ross stated that staff realized they were continuing to funnel more and more funding left over from other projects into the Minor Repair Program because they have had so many requests. But, staff also realized that this does not really solve the problem and it would be more appropriate to spend more funds on major rehab or reconstruction. Mr. Meredith stated that a third change was that no more funding from the lead program would be able to be used for minor repairs. The ALERT- Area Lead Education, Reduction and Training program is ending. Ms. Winn asked if the program paid the deductible on the homeowner's insurance for repairs. Mr. Meredith stated that staff looks very closely at what insurance will cover and will often pay the difference for needed repairs. He added that many of the needed repairs are not covered by insurance. Ms. Ross stated that unlike the home improvement and homebuyer programs, households participating in the minor repair program aren't required to have insurance. Members discussed the next meeting and agreed to meet at 12:30 pm on Monday, February 7~h. Members requested that staff attempt to get the Wells Fargo Bank boardroom for the next meeting. The meeting was adjourned. Page 43 Official Minutes Community Development Advisory Committee February 7, 2005 Well Fargo Bank Board Room - 2nd Floor Members Present: Ron Aldridge, Cassandra Berry, Hank Dickenson, Peggy Fox, Charlye Heggins, Maureen Jamail, Edward Touraine, and La Nelle Winn Members Absem with Notification: Sandra Benavides Staff Present: Barbara Ross, Luisa Rodriguez-Garcia Eddie Touraine called the meeting to order. Members reviewed the minutes from 11/4/04 and 1/31/05 and suggested revisions. Barbara Ross imroduced Frank Payne and Rebecca Guthrie from the City of DeNon Engineering Departmem. Ms. Guthrie reviewed each of the project submitted by the Engineering Department. She explained the "overall condition index" or ecl and stated that an index of 45 or lower meant that the street was in very poor condition and needed immediate attention. · Mulberry Street Repave - The street needs a new thickness of 7 inches. It falls under the 45 poim ecl. Seven households would be assisted through this project. · Anderson Street Repave - This project was omitted from the "Blue Ribbon" bond package and is also below the 45 ecl. Fifteen households would be assisted by this project. · Wood Street Repave - The project would extend from Sycamore to Hickory. This project would benefit 28 households. Curb and gutter would be installed. It is also below the ecl. · Cook Street Waterline - The waterline has had over three breaks in the past year. The project would benefit 27 households. · Cook Street Repave - The project would benefit 11 households. The eCl is not less than 45. It is 51 but the street is in very poor condition. · Smith Street Repave - Improvements would extend from Dallas Drive to Johnson Street. The project would benefit 66 households. The project would include drainage improvemems and curb and gutter. · Schmitz Avenue Repave - It was noted that 82 households would benefit. The project would extend from Bell Avenue to Mingo Road. The eCl is 55, 10 points above the 45 point level. Eagle Drive Sidewalks - This project would email the installation of 2100 feet of sidewalks on the south side of Eagle Drive from Avenue C to Bernard. A citizen that attended one of the public hearings made the request for this project. Frank Payne noted that Mr. Andreson who made the original request was present. Rebecca Guthrie then provided some information on the current status of various projects that had previously been funded through CDBG. Page 44 Cassandra Berry asked if any of the proposed projects had to be coordinated with TXDOT. Ms. Guthrie stated that they were all City streets and it would not be necessary. Hank Dickenson asked if when a project was close to the OCt but not below it, would it save money to do the project immediately. Mr. Payne indicated that certainly the cost of doing business would probably go up but that the extent of the project would not necessarily change with time. Mr. Payne noted that the first two projects were included in the Blue Ribbon bond package but were taken out. Mr. Dickenson noted that more households were being assisted at the end of the list even though that was considered a lower priority. Mr. Payne indicated that committee members could look at that rather than the OCt. He stated that staff was looking at the cost as well as the severity of the degradation. He commented that the Engineering staff is aware that there are not enough CDBG funds to do high cost projects. These projects give some cost options as well. Peggy Fox asked if there was any other funding to pay the professional fees as there has been in the past. Mr. Payne stated that in the past, utilities was willing to pay for some of the project delivery costs. He stated that they were no longer able to do that. LaNell Winn asked if the projects were coordinated with utilities and other departments to make sure that recently repaved streets weren't torn up for other projects. Ms. Guthrie stated that they do coordinate and asked the Water/Wastewater Department to move up a waterline project on Duncan so that Engineering could then repave the street. Maureen Jamail stated that she was on the Blue Ribbon Committee. They looked at the highest priority projects and started there. They based their decisions on the recommendations of City staff. Ms. Jamail asked if there were any other funds for this type of projects. Mr. Payne and Ms. Ross said no other funds were available. Mr. Payne did note however, that there might be some Denton County Transportation Authority funding for sidewalks. Jane Provo, executive director of the DeNon Affordable Housing Corporation (DAHC) gave a presemation on the organization's Affordable Housing Opportunity Program (AHOP). She began with a PowerPoint presentation that provided some information on the agency. At least one-third of DAHC's governing board is low-income as required by the HOME program regulations for Community Housing Development Corporations. Ms. Provo stated that DAHC tries to stay in their mission of providing housing though they often get drawn into situations where the families they serve also need other services to maintain their housing. The populations they primarily serve include 1 st-time homebuyers, disabled, elderly, households in substandard housing and homeless women with children. Sources of funding for DAHC's programs include Wells Fargo Bank, City of DeNon, DeNon County Housing Finance Corporation, TX Departmem of Housing & Community Affairs (TDHCA), State Housing Trust Fund, US Dept. of HUD and the Federal Home Loan Bank. Administrative costs are paid from the small profit realized from the AHOP, managemem fees and some funding available with TDHCA grants. DAHC does do some new construction and is about to start construction on their first small single-family developmem. Ms. Provo provided a list of the cities in which DAHC has been active. She noted that they are moving away from The Colony and Little Elm. They are constructing some affordable housing which should meet their immediate needs. The average purchase price on an AHOP unit is $56,562. The average sales price in DeNon is $78,400, however, the last ten units have had an average sales price of more than $91,000. Ms. Provo showed the CDAC some before and after photographs of units they had purchased and renovated. She described the type of work that is usually completed on these projects and noted Page 45 that there is a one-year warranty for the buyer. Ms. Provo explained how the program works, who qualifies and what type of assistance households are eligible for. Ms. Heggins asked why the funding spent in Flower Mound is so low. Ms. Provo indicated that the cost of producing housing is so expensive in Flower Mound that they usually cannot make those units affordable. She noted that proceeds from the sale of each unit (program proceeds) are used to complete additional units. Don Louis and Peggy Heinkel-Wolfe presented the request for funding from the Owsley Community School (OCS). Dr. Louis introduced a UNT student who was in attendance. Dr. Louis passed around an architect's rendition of the new building, as it will look when placed on the lot with parking and landscaping. He stated that the Owsley Community School had taken an opportunity to acquire a new building from the Flowers Bakery. They were deviating from the original plan but this is a much larger facility. He stated that the City would have three offices in the facility- two for the police and one for code enforcement. Dr. Louis explained that they will also participate in the Library's technology grant and as a result, approximately six computers with Internet service would be available at the OCS. He explained that the City has requested a more formal agreement with OCS and this has caused some delays. Dr. Louis stated that they now have a grading permit and will soon start work on the site. The current request is to repave the parking lot and install sidewalks around the new facility to comply with local codes. Mr. Touraine asked about the location of the sidewalks. Dr. Louis responded that they would be on all three sides and that the existing sidewalks on Bonnie Brae were not sufficient to meet codes and would need to be expanded. Mr. Touraine asked how long the building would be open during the day. Ms. Heinkel-Wolfe noted that activities and classes are in the afternoon and evening. They will usually open the building about 11:00 am and it will stay open until about 7:00 pm. Dr. Louis stated that the code enforcement officer would likely be there at 8:00 am. Ms. Fox asked if they served many middle school youth. Dr. Louis and Ms. Heinkel-Wolf responded that it is mostly elementary school children that participate. They try to help them make good choices so that they can do better in middle school. Mr. Touraine asked the committee members to consider approval of the minutes from 11/4/04 and 1/31/05. Peggy Fox made a motion to approve the minutes as corrected. Charlye Heggins seconded the motion. The minutes of 11/4/04 and 1/31/05 were approved. Members discussed rescheduling the final two meetings that had been scheduled since November. Due to her current class schedule, Sandra Benavides could not attend these meetings. Members were not able to find other dates and times when everyone was available. Ms. Ross suggested that if they could not re-schedule that she would ask Ms. Benavides to send in her rankings and any comments regarding the proposed projects and programs. The committee could then consider her remarks and choices as they developed the council recommendations. The members agreed. The meeting was adjourned. Page 46 Official Minutes Community Development Advisory Committee February 14, 2005 Well Fargo Bank Board Room - 2nd Floor Members Presem: Ron Aldridge, Hank Dickenson, Peggy Fox, Charlye Heggins, Maureen Jamail, Edward Touraine, and LaNelle Winn Members Absem with Notification: Sandra Benavides, Cassandra Berry Staff Present: Barbara Ross Eddie Touraine called the meeting to order. Barbara Ross reviewed some corrections to the minutes. Charlye Heggins moved that the minutes be approved. Hank Dickenson seconded the motion. The minutes were approved as corrected. Ms. Ross imroduced Angela Bills and Neal Brand from Habitat for Humanity of DeNon County. Ms. Bills described Habitat for Humanity's mission. She noted that participating families were required to do some "sweat equity" on their project or for another family to participate in the program. Ms. Bills stated that Habitat uses the funds from repayment of the mortgage loans for additional projects. Habitat for Humanity is requesting $75,000 to be used to purchase about eight lots, perhaps nine if they can find lots at a good price. Mr. Touraine asked if Habitat had ever repossessed a home. Ms. Bills stated that they had. She noted that Habitat's agreements with homebuyers have a "first right of refusal" clause for a ten- year period. Within that ten-year period, if the homebuyer wants to sell or cannot make the payments, Habitat has the right to buy the unit for the original sales price. Mr. Touraine asked how many units had been built in the city of Demon. Ms. Bills and Dr. Brand responded that 48 units have been built in DeNon and eight in Lewisville. Maureen Jamail asked if Habitat served the entire County. Ms. Bills stated that they did and would soon be building some units in Sanger. They also have comacts in Pilot Poim looking for properties. Mr. Touraine asked where the units in Denton were located. Were they in the same area or scattered? Dr. Brand explained that most were in Southeast Denton but several were also in the area north of McKinney. Hank Dickenson asked if the "four persons per household" as the average number of residems in each unit is correct. Ms. Bills explained that this was correct according to the size of the families currently on their waiting list. Ms. Ross asked if Habitat had ever discussed the idea that they might need to ensure that very low-income families were not concemrated in only a few neighborhoods and what they might do to build homes outside of existing low-income areas. Ms. Bills and Dr. Brand explained that the lot prices had to be reasonable and that there had been small developments in some communities Page 47 that were well-maintained. Residents in these areas feel they have a good neighborhood and enjoy a good quality of life. They noted a model program in Dallas where the City, and KB Homes participated with Habitat on the development. Ms. Bills explained that the SHOP funds Habitat uses for projects are Federal funds allocated to Habitat for Humanity International. The umbrella organization allocates those funds to local Habitat organizations. Mr. Touraine asked for clarification that the situation with communities like Lewisville is that the units that Habitat would normally build would not meet local codes. Dr. Brand confirmed that Habitat builds simple houses with no garages and that brick is not used. This would not meet code in some Denton County communities. LaNelle Winn asked if the families had taken care of the houses that Habitat had to repossess. Dr. Brand responded that one was in good shape but the other was not. Committee members approved a resolution supporting the CDBG program. The resolution will be sent to Congressman Burgess, Senator Hutchison and Senator Cornyn. Gary Woodard, Baltazar Mesta, Monsignor Charles King and Bill Giese presented the application from Immaculate Conception Church for funding of their Community Outreach Center. Mr. Woodard stated that the Center would provide food and clothing and other services for families in need. The Center started in 1992 as the St. Vincent de Paul House. They have eleven years of experience providing these services. Mr. Woodard stated that they would need a total of $134,000 and that the parish would provide the land. Mr. Mesta would provide management of the construction process free of charge to Immaculate Conception. They will also have volunteer labor and donations from contractors. Ms. Ross asked if they understood the labor standards and wage requirements that she explained to Ms. Garcia at application training. Mr. Mesta and Mr. Woodard stated that they understood the Federal requirements and were prepared to meet these requirements on the project. Ms. Winn asked if the project required bids from minorities. Ms. Mesta and Mr. Woodard stated that they would have minority participation on the project. Ms. Ross indicated that the Federal requirement that bids and/or quotes be obtained is an attempt to ensure that women and minority-owned businesses have an opportunity to participate. Mr. Touraine asked if the location would be a hindrance to families trying to get services. Mr. Woodard responded that the word would get out and that though the site isn't as centrally located as the previous site, it is more accessible. Mr. Dickenson asked for clarification that the food provided was just groceries, not hot meals. Mr. Woodard noted that some of the food comes from the US Department of Agriculture so they must adhere to their rules. Mr. Woodard stated that they would not provide hot meals and that they charge a small amount for the clothing. Ms. Ross asked if they had considered joining with other organizations that provide the same Page 48 service and expanding those operations rather than spending funds to build a new structure. Mr. Woodard indicated that there was a need for several food and clothing outlets. Many were open only on certain days and could only give groceries once a month in some instances. Peggy Fox asked if they coordinated with these other providers to ensure that people weren't obtaining more assistance than they needed. Bill Giese stated that they used to work with HelpNET to coordinate. He stated that there probably is some of that going on but they are unsure how to control it entirely. Mr. Giese added that he had talked to others about working together on this issue. Ron Aldridge stated that getting assistance from more than one agency is sometimes a necessity due to the limitations on assistance such as the different days that the agencies are open and the fact that some organizations only allow assistance once per month. Mr. Touraine asked if the Outreach Center would go back to the USDA for food. Mr. Woodard indicated that they probably would but would also have some non-USDA food sources to give out on an emergency basis (more than once per month). Ms. Heggins asked if this activity would be eligible for the faith-based funding. Ms. Ross explained that no additional funding was actually available under the Administration's "faith- based initiative." Communities were encouraged to support these types of organizations with the Federal funds they were already receiving. Presenters and members discussed how income information was obtained from clients. It was noted that income is not verified. Ms. Ross stated that self-certification is an approved method of income verification for CDBG. The presenters discussed other services that might be provided from the Center including tutoring, income tax help, and prescription assistance. Ms. Winn asked about ESL classes and Monsignor King stated that the school district provides these classes. Ms. Jamail asked if the location of the Outreach Center was far enough away from the school that it wouldn't be a concern that adults were coming in for services. Mr. Woodard explained that it was farther from the school than the site downtown was. There is a frame fence around the playground and that is the closest part of the school to the Center site. Ms. Ross gave a quick review of the strategies in the 2005-2009 Consolidated Plan. She asked members to read through the strategies and contact her with any questions. The committee would be asked to recommend Council approval of the strategies related to housing, public improvements, economic development and anti-poverty. The meeting was adjourned. Page 49 Official Minutes Community Development Advisory Committee February 21, 2005 Economic Development Conference Room Members Present: Members Absent: Staff Present: Ron Aldridge, Cassandra Berry, Hank Dickenson, Peggy Fox, Charlye Heggins, Maureen Jamail, Edward Touraine, and LaNelle Winn Sandra Benavides Barbara Ross Eddie Touraine called the meeting to order. Committee members reviewed the minutes from February 14, 2005. The minutes were approved as written. Ms. Ross provided members with the results of their project rankings. Mr. Touraine asked if members wanted to allocate the HOME funds first. It was noted that the Denton Affordable Housing Corporation (DAHC) would need to receive at least 15% ($87,000) of the HOME funds as Denton's only certified CHDO or those funds would go back to HUD. Members agreed to initially include $87,000 for DAHC's Affordable Housing Opportunity Program. Members then decided to start with the projects that received the highest rankings and discuss funding of those first. Barbara Ross indicated that she would set the funding for each project up either under HOME, if the project/program was eligible, or CDBG. The committee could then make changes later if they had concerns. Below 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. is a list of each project with the committee ranking score: Home Improvement Program Demolition of Substandard Buildings 4.00 Homebuyer Assistance Program 4.00 Minor Repair Program 3.78 Cook Street Waterline Replacement 3.33 Eagle Drive Sidewalks 3.33 Habitat for Humanity Land Acquisition 3.22 Cook Street Repave 3.11 Schmitz Street Repave 3.11 DAHC Affordable Housing Opportunity Prog 3.11 Anderson Street Repave 3.00 Wood Street Repave 3.00 Smith Street Repave 3.00 Immaculate Conception Outreach Center 2.78 Mulberry Avenue Repave 2.67 Owsley Center Sidewalks & Parking Lot 2.33 4.33 Page 50 Committee members agreed to fund the Home Improvement, Demolition, Homebuyer Assistance and Minor Repair programs at the amounts requested. Ms. Ross split the Home Improvement Program funding between HOME and CDBG with most coming from the HOME program. All other activities were funded from CDBG. Members supported funding of the Cook Street Waterline Replacement. It was noted that since the street would likely be damaged during the installation of the waterline that the Cook Street Repaving project should also be funded. Both projects were funded under CDBG. Mr. Touraine stated that it was his understanding that Denton County Transportation Authority funding might be available to fund the Eagle Drive Sidewalk project. Ms. Ross indicated that she was unsure whether it would be available. She stated that if the committee wished to fund the sidewalks that perhaps the DCTA funding could be used for other sidewalks. Some members were still concerned that the project might not receive DCTA funding. Members agreed to include funding for the project in the CDBG recommendation. Habitat for Humanity's land acquisition request was reviewed. Members discussed that the acquisition of eight to ten lots appeared to be a significant increase in the number of homes that Habitat has built in the last couple of years. It was noted that the organization is currently without a director and that projects may move more slowly as a result. Members agreed to fund Habitat's land acquisition at $48,000 to allow for purchase of approximately six lots over the coming year. Additional HOME funds were allocated to the Denton Affordable Housing Corporation's AHOP program increasing their funding to $105,015. The balance left to allocate was $51,388 in CDBG funds. Members agreed that the Anderson Street Repave project served the most households. Though they did not have the amount requested by the Engineering Department ($90,415) they decided to ask Engineering to do some portion of the project with the available funding. Ms. Ross noted that if they had any residual funding on other capital improvement projects, they could add that to the Anderson Repave project. Ron Aldridge made a motion to accept the recommendations. Charlye Heggins seconded the motion. Members voted to approve the attached recommendations. Mr. Touraine asked committee members if they wished to recommend that Council approve the housing, infrastructure and economic development strategies described in the 2005-2009 Consolidated Plan for Housing and Community Development. Hank Dickenson moved that the committee recommend adoption of the strategies. Maureen Jamail seconded the motion. The members voted to approve a recommendation to City Council that these strategies be adopted. Ms. Ross stated that she would inform members when Mr. Touraine was scheduled to present their recommendations to City Council. The meeting was adjourned. Page 51 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING August 26, 2004 Members Present: Carol Bounds, Chuck McLain, James McDade, Jan Hillman, Mary Tisher, and Sonja Ball Members Absent with Notification: Betty Tomboulian, Mae Nell Benford, Jodi Vicars-Nance, and Teri Rheault Members Absent without Notification: Lilia Bynum Staff'Present: Wendy Nails, Human Services Coordinator; Barbara Ross, Community Development Administrator. The meeting was called to order at 6:40. Wendy Nails asked members to update their contact information and submit it to the Community Development Division. Wendy Nalls introduced the new members, Charles McLain, Jan Hillman and Mary Tisher. She also introduced the other members that were present, Sonja Ball, James McDade and Carol Bounds. Ms. Nalls explained the Council decision to decrease the general fund human services budget by $99,300. She stated that staff'requested HSAC be allowed to review and possibly revise their previous recommendations. Ms. Nalls reviewed the funding amounts available and the committee's original recommendations. Carol Bounds asked if Council members were going to use their contingency funds to replace some of these funds. Ms. Nalls explained how Council contingency funds could be added to an agency contract and the agency could be given additional time to expend the funds. Ms. Ross commented that she did not feel that the City Council members had significant contingency left during for the 2003-'04 fiscal year. Ms. Hillman suggested beginning with a flat 22% across the board and then adjust in some areas. Ms. Nalls showed the members a revised Human Services Budget with a flat 22% across the board decrease from the original HSAC recommendations. Mr. McDade suggested the City's PARD programs be cut more than the 22%. Ms. Nalls explained the After School Action Site program administered by the City is an overflow program for students who are not served by the school district program. Ms Bounds asked what cutting those programs in half would do for the budget. Ms. Nalls calculated the reduction. Mr. McDade noted Singing Oaks' Church of Christ program was a first time program and that this funding could be cut. Ms Ball agreed they should look at the budget with funding to Singing Oaks Church of Christ eliminated. Members discussed the recommendations sent from members who were not able to attend the meeting. Mr. McDade suggested that each of the three daycares receive an additional $6,000 above their Page 53 22% across the board reduction amount. Ms. Hillman suggested funding be put back imo CASA and the Children's Advocacy Cemer. Ms. Tisher asked if the court appoints the advocates. Ms. Nalls stated that CASA assists with the court appointed advocate process. Ms. Bounds was unsure whether the Denton County Children's Advocacy Cemer needed the funding as much as some other agencies might. Members suggested that they bring CASA back to where they were in last year's budget. Ms. Tisher stated that she felt the volumeer's at RSVP should be monitored and that is what the requested funding is for. Ms. Bounds noted that their proposed allocation is over what it was last year. Ms. Bounds asked about Family Health Care. Ms. Ross reminded the committee that Family Health Care had to quit providing services last year due to lack of funding. Ms. Nalls noted they had some additional funding sources this year and would probably not run out of funds. Mr. McDade commemed he would like to see some additional funding be given to Sickle Cell. Ms. Nalls commented that they had lost their location at the Phoenix Apartments. Members discussed whether the agencies requests are published. Staff indicated that they were considered public information but were not published. Members agreed to put $1,500 back imo the Sickle Cell budget. Ms. Bounds asked that Family Health Care get some of their funding back. Mr. McDade suggested that they receive an additional $2,600. Ms. Hillman asked about the SIERRA program. She asked if they would be OK with that level of funding. Members agreed to leave SIERRA at the revised level of funding. Members discussed the AIDS Services nutrition program and how it works. Ms. Nalls explained the program. Ms. Ball and Ms. Bounds suggested bringing the Salvation Army back up to $15,000. Members agreed. Ms. Nalls commented that AIDS Services took out a loan and cut staff. Friends of the Family, CASA and Fred Moore are also agencies that have had recent financial problems. Friends of the Family recently lost eight employees. Ms. Nalls noted that the Salvation Army and FOF did not receive ESG funds that had previously funded a position. Denton County MHMR also received a cut in funding. Ms. Hillman suggested that the $1,600 be split between Friends of the Family and AIDS Services. Ms. Tisher indicated that FOF seems to have a lot of funding support. Ms. Ball suggested that $1,600 is really not that much if you've had to cut eight employees. Members agreed to give Friends of the Family $1,600. Ms. Bounds asked how to fight the budget cut. She asked how they could get others to speak out against the cut. Ms. Nalls stated that she had heard from some agencies and they might attend the public hearing. Ms. Bounds discussed that people in need will require more police intervention if they do not receive human services. Ms. Ball discussed the cycle that happens when human services get cut and then you have problems that require police attention. Ms. Bounds did not understand why DeNon was being compared to Plano. Mr. McDade asked if they could recommend that no cuts be made. Ms. Ross indicated that the HSAC had the ability Page 54 to determine its own recommendations to Council. Ms. Tisher said that the Council depends on the decisions made by this committee. Ms. Ross commented that Council generally has agreed with the HSAC's recommendations and that they have depended on the committee. Ms. Bounds stated that she would rather be the "city with a heart." Ms. Bounds moved and Ms. Hillman seconded that the recommendations be approved. Members agreed that Mr. McDade would speak before the Council. Mr. McDade and Ms. Ball will develop a presentation and staff will assist and send it to members for their review and comments. Members discussed the next meeting to be held in October to review the applications, scoring sheets, etc. Ms. Nalls stated that she would mail out a meeting availability questionnaire to check on a date for an October meeting. Members continued to discuss the content of the presentation. The ideas mentioned were: · Our City doesn't need to do what other communities do. We are unique. · The cycle that will not be stopped without assistance to these agencies. · There will be more mentally ill persons without services. · Most people don't know what these programs are about and we need to get out the word - perhaps a television series on what these organizations do. The meeting was adjourned. Page 55 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING November 16, 2004 Members Presem: James McDade, Jodi Vicars-Nance, Betty Tomboulian, Mary Tisher, Jan Hillman, Sonja Ball, and Charles McLain Members Absent with Notification: Carol Bounds, Lilia Bynum, and Teri Rheault Members Absent without Notification: Mae Nell Benford Staff Presem: Wendy Nails, Human Services Coordinator Wendy Nails, Human Services Coordinator, called for committee nominations for Chair and Vice-Chair. James McDade was elected Chairperson and Betty Tomboulian was chairperson. Ms. Nails provided the Human Services Advisory Committee (HSAC) with a brief update on the developmem of the City of DeNon 2006-2011 Consolidated Plan for Housing and Community Developmem including a community needs assessmem. The HSAC requested copies of the final consolidated plan submitted by the Community Developmem Division to City Council for approval. The City of DeNon Human Services Advisory Committee agreed to requests proposals for programs to address areas idemified as 2005-2006 Human Services Funding Target areas including: · Emergency Shelter · Basic and Emergency Needs · Transportation · Health Care · Child Care · Youth Programs · Services for Senior Citizens · Homelessness Prevention · Transitional Housing and Shelter · Mental Health Services · Services for the Disabled · Relationship Violence/Sexual Assault Services and Prevemion · Child/Elderly Abuse and Neglect Services and Prevemion · The HSAC decided to review and consider proposals to address significam human service needs other than the listed target areas; however, the 2005 Funding target areas will be considered funding priorities. To assist in the review of agency performance, the HSAC requested a list of how agency Page 56 expended human services funding including comingency funds and comract extensions. The Committee also requested a contact list for the HSAC be given to all members of the committee. Members discussed potential meeting dates and times and scheduled the next committee meeting for February 7, 2005 at 6:30 PM in the Economic Development Conference room on the fifth floor of the Wells-Fargo bank building at 101 South Locust. In case of schedule conflicts the alternative meeting date is on February 8, 2005 at the same time and location. The HSAC will set dates for the spring meetings at their next meeting. The HSAC was invited to attend public hearings for the 2005 action plan on how to expend Community Developmem Block Gram funds. The public hearings will take place at 6:30 at the MLK Jr. Recreation cemer in English on December 6, 2004 and in Spanish on December 13, 2004. Also the committee was invited to attend the next Denton County Homeless Coalition meeting on January 19, 2005 at 2:00 PM in Lewisville at the Christian Community Action building on Mill Street. The meeting was adjourned. Page 57 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 7, 2005 Members Present: Mary Tisher, Lilia Bynum, James McDade, Jodi Vicars-Nance, Teri Rheault, Betty Tomboulian, Jan Hillman and Charles McLain Members Absem with Notification: Sonja Ball Members Absem without Notification: Mae Nell Benford and Carol Bounds Staff Presem: Wendy Nalls, Human Services Coordinator Guest Present: Barbara Atkins Wendy Nails, human services coordinator, gave a brief update on the DeNon County Homeless Managemem Information (HMIS), Community Needs Assessmem, Human Services Strategy and Human Services Agency Performance and Funding. Sally Sollars was hired as a part -time program manger for the HMIS. The City of Denton and the Denton County United Way are in the process of compiling a report on the findings of the community needs assessmem. Ms. Nalls presented a draft copy of the Human Services Strategy section of the 2006- 2011 Consolidated Plan. The committee will review the information and vote on a Human Services Strategy at the next Human Services Advisory Committee Meeting. Each committee member was given a chart indicating agencies with remaining funds, extended contracts, and the date of the last request for paymem of 2003-2004 Program year funds. The minutes were approved as presented. Ms. Nails informed the committee that two applications were turned in after the deadline. The committee discussed how to decide if late applications would be accepted. The committee asks staff to report what agencies submitted late applications, at what time the applications where submitted, and any information regarding why the applications where late. Ms. Nalls reported that Fred Moore Day Nursery School was five to ten minutes late due to the director being in a classroom and the Fairhaven Retirement Home application was about forty-five minutes late and the agency called to state it would be late due to copier problems. Both agencies had completed the applications in advance and submitted them to Ms. Nalls for technical review the week before the application submission deadline. The committee discussed the late applications submitted last year and the decision not to accept last year's late applications. After discussion the committee voted not to accept any late applications. Committee members decided to vote on the procedure for accepting late applications at the first meeting of each year and instructed staff to relay the committee's decision to agencies when the applications are released. The committee decided upon three agency hearing dates and one meeting to format funding recommendations. The agency hearings are to be ten minutes long with a short break between each hearing. The meeting was adjourned. Page 5 8 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 15, 2005 Members Presem: Sonja Ball, Lilia Bynum, James McDade, Jodi Vicars-Nance, Teri Rheault, Betty Tomboulian, Jan Hillman and Carol Bounds Members Absem without Notification: Mary Tisher, Mae Nell Benford and Charles McLain Staff Presem: Wendy Nails, Human Services Coordinator Betty Tomboulian, Human Services Advisory Committee (HSAC) Co-Chair, began the meeting at 6:00PM. At this time, agency hearings for 2005-2006 applications began and proceeded with each agency providing a short three-minute presentation on its program and services followed by a seven-minute question and answer period. Family Health Care Patrice Capan described the program provided by Family Health Care. Ms. Capan stated that they had recemly ended their comract with a physician and added staff to work more closely with their patients. The new staff is working out very well. Dr. DeCarlo Noble is also providing some services to at-risk patients. Teri Rheault asked about the audit report concerns regarding checks and balances for the financial functions. Ms. Capan responded that they have only a few employees available to work in the financial area but believe they have solved this issue. Carol Bounds asked where the clinic was located. Ms. Capan said the clinic was now located at 525 South Loop 288, Suite A. Ms. Rheault asked how the agency would use the requested funds. Ms. Capan stated the funds would be used for prenatal care. Ms. Capan noted that DeNon Regional Medical Cemer has been very helpful and has provided them with used furniture for the office. However, it was noted that Denton Community Hospital, when approached by Family Health Care, did not provide any assistance to the agency. Lilia Bynum asked if officials from DeNon Community Hospital explained why they would not be able to assist the clinic. Ms. Capan said that they're response was that they weren't into running clinics. Ms. Rheault asked why Family Health Care didn't have more diversity on their board. Ms. Capan stated that they keep trying but people are hesitant to participate. Members discussed that the change in physician has not seemed to adversely affect the number of people served by Family Health Care. People's Clinic Tim King explained how the clinic received a large grant from the State. He noted that 95% of the patiems pay less than $40 for services. Many pay only a few dollars. The People's Clinic is trying to create a health center in what has been designated as a medically underserved area. Page 59 They wan to have all services available in one location. Mr. King noted that one of the major barriers was getting medications to patients. They use mail delivery programs for many prescribed medications. He stated that hiring a social worker would help them determine if patieNs should be in Medicaid, CHIPS or other programs. The social worker could help get the patients signed up for the appropriate programs. In the area of specialty care, they are working with local physicians to provide more care. Mr. King introduced Dr. Kessler who works with the Clinic, Jackie Jackson, a board member and Stan Morton CEO of DeNon Community Hospital. Betty Tomboulian asked how many of their patients were from Denton. Mr. King indicated that almost all of them were from Denton. Wendy Nalls asked how much support the local hospitals could give them for specialty care? Mr. King responded that they need physicians who would help with discouNed services under the medically underserved programs. Interfaith Ministries Condell Garden, executive director of Interfaith Ministries stated that they are requesting funds from the City to provide utility assistance to low-income families. Ms. Garden stated that City of DeNon utility officials reported said that 13,000 customers had their utilities turned off due to non-payment. Interfaith helps those who are more than 30 days delinquent in their payments and gives priority to those who have children, elderly, etc in their homes. Ms. Garden explained that utility assistance helps to keep people in their homes. She added that 100% of City's funding goes to City of DeNon resideNs. Ms. Rheault asked about a monitoring report that indicated INerfaith needed to do a better job of tracking both race and ethnicity. Ms, Garden said they are now collecting the race and ethnicity information in the proper way. Ms. Nalls asked how much assistance they received from Plus One and how much is expected next year. Ms. Garden explained how much they were expecting to receive from Plus One. Ms. Garden stated that they are also trying to get TXU energy aid for DeNon resideNs. Jan Hillman asked how many households are assisted by the agency. Ms. Garden replied that they assist about 13,000 but that is not very many when you look at the need. Members discussed why only a few people give to Plus One. Ms. Garden stated that INerfaith helps families with a variety of services and they do cooperate with all the local agencies. Community Food Center Ed Ellis and Dorothy Van Dyck from the Community Food CeNer provided some information about their services. Mr. Ellis stated that the Community Food Center has been around since 1974 and yet some people don't know about them because they are so small. He stated that they are requesting funds to pay the utility bills for the Food Room so they can use their other resources to assist households with groceries. Mr. Ellis noted that they have many wonderful volunteers that help. Ms. Rheault stated that their accounting report said there was no liability insurance. She asked if they curreNly had liability insurance. Mr. Ellis stated that they have insurance for the board and also premise liability insurance. Ms. Van Dyck stated that they now have one Hispanic and one Black on the board. Ms. Ross asked about expanding services by working with other agencies such as Immaculate Conception. Mr. Ellis stated that they would need to change their mission in order to do other activities. Ms. Van Dyck stated that the St Vincent de Paul volunteers work at the Food Room on Fridays and that they are a great help Page 60 especially with translations. Committee Discussion Betty Tomboulian brought back the issue of late applications and whether HSAC should consider those applications for funding. Carol Bounds asked about the fact that both applications that were submitted for review prior to the application due date. It was noted that the agencies were still required to submit the final version by the due date and time and Fred Moore Child Care and Fairhaven did not. Ms. Tomboulian stated that agencies made corrections after the "review" of their application submission. Ms. Tomboulian stated that she voted against accepting the applications but now has reconsidered due to the importance of the services that those agencies provide. Ms. Tomboulian noted that the Fred Moore Day Nursery School Care Center is the only facility that provides infant care on a sliding scale in the City. Ms. Tomboulian stated that the major reason she voted against it was to be consistent with last year's process. However, she determined that it wasn't the right thing to do. Ms. Bynum added that what she is trying to look at is did the agencies attempt to follow the spirit of the rule. She felt that they did because both agencies called to say they were going to be late and gave the reason for the delay. Ms. Bynum stated that she felt the committee should look at what is best for the community as a whole. Ms. Hillman indicated that they didn't do it at the last minute based on the fact that they brought it in for review. Sonja Ball noted that it is a slippery slope if you do not follow your rules regarding submission. She added that last year the committee did not accept applications from agencies in similar situations. Ms. Bounds stated that hearts are what the committee is all about. She commented that if the committee makes this exception because our hearts says it's right someone might complain. Ms. Bounds noted that the previous year, funding was reduced for those that submitted late applications. Ms. Rheault noted that those applications were accepted as late applications and then assessed a penalty. Ms. Bounds asked James McDade what would happen if Fred Moore does not get funding. Mr. McDade indicated that he believed the agency would have to shut it doors and would no longer be able to provide childcare. He added that most of their funding comes from the United Way and the City of Denton. Mr. McDade stated that Ms. Williams did not call and explain that she would be late coming in but that when she arrived she stated that she had to help out in a classroom and that was why she was late. Ms. Ball stated that the agencies had a week as a buffer between the review and the final submission. Ms. Hillman suggested that HSAC turn in their funding recommendation to the City Council and then explain that these two were late applications and allow the City Council to take action. Other members commented that there would probably be no additional funding for Council to allocate to the two agencies. Members discussed that they would like to have the entire committee present before voting on the issue. They agreed to table the discussion to the next meeting. AIDS Services of North Texas Susan Stambaugh and Hanna Mclntyre of AIDS Services stated that they serve HIV/AIDS affected households with many services. Clients can come in and meet all of their needs with AIDS Services. She stated that they are asking for funds to support the nutrition center and Page 61 funding for unreimbursed medical expenses. The medical clinic is federally funded. Unreimbursed medical funds are used for special purposes. Jodi Vicars-Nance asked how the funding would be split between the nutrition center and unreimbursed medical expenses. Ms. Stambaugh indicated that $14,000 is requested for the nutrition center and $6,000 for unreimbursed medical expenses. She noted that they get most of the food from the Tarrant County Food Bank. Members asked if AIDS Services was getting similar support from communities in the four other counties that they serve. Ms. Stambaugh stated that they do get funds from Collin and one other county but not from all of them. Ms. Tomboulian asked if the vast majority of their funding came from Federal and State sources. Ms. Stambaugh stated that most came from Ryan White. She added that if CDBG funding were cut it would be very difficult to continue to provide services. Ms. Nalls asked about the large increase in the number of diagnosed and increase in number of persons with HIV/AIDS. Ms. Stambaugh stated that HIV/AIDS is increasing in women and young people. She stated that a new strain has just been found in New York that is not reacting to any of the currently used medications. Ms. Ross asked if the increase in youth cases could be due to lack of education on this health issue in the schools. Ms. Stambaugh replied that this did appear to be one of the reasons. She explained that AIDS is discussed in schools but information about prevention is not. The reality of the situation is never really explained to the students. Denton County Friends of the Family Toni Johnson-Simpson, the new director of DCFOF provided information on the services provided by Friends of the Family. She stated that they are the sole provider of domestic violence and sexual assault assistance for adults and children. Funds provided to DCFOF will also support the SANE team that goes out with police to talk to victims. They provide 24-hour residential services. Ms. Bounds asked how they interact with the Children's Advocacy Center. Ms. Johnson-Simpson stated that if the victim is a child, they allow the Children's Advocacy Center to take the lead. DCFOF volunteers may be there to support the parents while they're waiting. Ms. Rheault indicated that they appeared to need more diversity on their board and asked what steps they are taking to remedy that situation. Ms. Johnson-Simpson stated that she has been with the organization for only 30 days but she does plan to work on the diversity of the board so that it better reflects their service population. Page 62 Cumberland Presbyterian Children's Home Dr. Amy Pape of the Cumberland staff and Craig Thomas, board member, thanked the committee for recem funding from City for human services and CDBG funds for transitional housing units. Their request is funds for counseling in support of transitional housing clients. Dr. Pape stated that Cumberland estimates an increase in their client base. This year they developed an ethnically diverse advisory board that includes two former cliems. Ms. Rheault asked if the campus was now accessible. Dr. Pape indicated that they continue to work on this issue and that the campus is more accessible. She stated that the older housing is not accessible but new housing will be. Ms. Rheault complimented the organization regarding their efforts to develop an ethnically diverse advisory board. She asked about the Board of Directors. Craig Thomas, a new board member stated that Joy Wallace another new board member is African- American and is also from the Cumberland organization. He stated that they continue to work on this but noted that eight seats on the Board of Directors must be members of the Cumberland Presbyterian Church. HOPE Inc. Barbara Atkins, executive director, discussed information on HOPE's Transitional Housing Program for families with children. She stated that the City's funds act as a dollar for dollar match for the federal funds that they receive to implement the program. The funds requested from the City will also support HOPE's 30 to 90 day assistance program. Ms. Atkins noted that the transitional housing program had more intensive case management to help households overcome the barriers to retaining permanent housing. HOPE has developed cooperative partnerships with other agencies like Denton Affordable Housing Corp to better assist these households. Ms. Atkins discussed the HMIS funding request. She stated that the HMIS would be a computerized data collection system for Denton County. It would support a system that is required in order for various agencies in the community to obtain homeless funding. Ms. Atkins stated that it could affect about $2 million dollars in funding that is received in the Denton County area. There is no direct cliem service but the HMIS will help the agencies providing assistance in gathering data and bringing more funding imo the community. She noted that the City needed about a 20% match for the $202,000, three-year HUD graM. Sally Sollars, the new HMIS administrator, will start in her new position tomorrow. The Denton County Steering Committee will be an advisory committee to HOPE, Inc. Board of Directors to get the HMIS started. Ms. Atkins commented that there is a potential for the HMIS to eventually separate itself from HOPE. Ms. Tomboulian asked if the equipmem was already purchased. Ms, Atkins stated that Ms. Sollars will purchase the hardware. She added that the information system that is to be used would also be purchased with gram funds. Members agreed to ask the Salvation Army to attend a future meeting to discuss their request. The meeting was adjourned. OFFICIAL MINUTES Page 63 HUMAN SERVICE ADVISORY COMMITTEE MEETING February 22, 2005 Members Presem: Sonja Ball, Lilia Bynum, James McDade, Jodi Vicars-Nance, Teri Rheault, Betty Tomboulian, Jan Hillman Carol Bounds, Mary Tisher, Mae Nell Benford and Charles McLain Members Absem: None Staff Presem: Wendy Nalls, Human Services Coordinator and Barbara Ross, Community Development Administrator. James McDade, chair, called the meeting to order. He asked if there were any corrections to the minutes of February 7, 2005. The minutes were approved as written. Members reviewed the minutes from February 15, 2005. The minutes of February 15th were approved as written. Members voted to recommend acceptance of the human services strategies developed as part of the 2005-2009 Consolidated Plan to City Council. DCMHMR SIERRA Program Andreas Diosdado and Melissa Eckstein described the services offered through the SIERRA Program. The recidivism rate was discussed. Mr. Diosado stated that correctional facilities lack training regarding mental illnesses. Ms. Eckstein said that of the people they assist that more than 50% don't re-offend. Ms. Nalls asked if they have requested funds from Denton County. Ms. Eckstein said that they have not but it is on their agenda. Ms. Benford asked about the time frame in which they worked with these individuals. Ms. Eckstein stated that it was on a case-by- case basis. Retired Senior Volumeer Program Diana Corona, executive director and Pat Moore, of RSVP discussed their request for funding. They described the service organizations, hospitals, etc. that benefit from the volunteers. Carol Bounds asked about the percent of Denton volunteers that do their work in Denton. Ms. Moore and Ms. Corona said 100% of them serve DeNon. Ms. Tischer asked how the program benefits seniors. Ms. Corona indicated that volunteering supports longevity. Ms. Corona responded to a question from Ms. Nalls indicated that volunteers would be learning how to assist other agencies to build capacity. Sickle Cell Disease Association Pearl Jones, executive director, described what the association would do with the City's funding. She indicated that the organization would like to serve more people during the next grant year. She noted that cases of sickle cell disease in Denton County have increased. She noted that the data indicated that sickle cell affects everyone, not just African-Americans. Members discussed the increase in sickle cell cases in Texas. It was noted that there were five new cases in Denton County in newborns in 2004. Physicians can now increase the hemoglobin coum in adults to Page 64 combat the disease. Fairoaks Retirement Apartments Pat Stachelski discussed their request for a homemaker grant for approximately 40 seniors. They are able to keep up with some cleaning but not more difficult tasks. She noted that it would assist the seniors so that they can age in place. The funds would be used to hire a housekeeper for a two-week rotation. The members and Ms. Stachelski discussed the aides and how they assist the residents. It was noted that they do not do health care and often do very little for the seniors. Ms. Stachelski stated that many of the seniors would probably discontinue their aides if they had a housekeeper. Members expressed concern that the aides should be held accountable for the tasks that they should be performing for their elderly clients. Committee Discussion Members discussed the issue of whether to accept the late applications from Fairhaven and Fred Moore Day Nursery School. It was noted that applications from two agencies were not accepted last year because they were late. It was also noted that 32 organizations did get their applications in on time. Betty Tomboulian moved that the applications from the agencies be accepted for review. Mae Nell Benford seconded the motion. The vote was five to five. Wendy Nalls stated that the "affirmation of qualifications" stated that James McDade did not have a conflict of interest if there was no financial interest. Mr. McDade voted that the committee should review the applications. Ms. Bounds asked who was going to call the agencies that were not reviewed last year because they were late. Ms. Ross stated that they would receive a letter with the recommendations. Ms. Bounds preferred that they be given a call. Ms. Ross said she would contact them tomorrow. Ms. Bounds noted that a letter needed to go out to the Boards of Directors of the agencies that they must ensure that applications are submitted correctly and on time and that it is not only the responsibility of staff SPAN Erika Lissberger, executive director, described the senior meals program carried out by SPAN. She described a specific incident where a volunteer attempted to assist a client that later passed away and was found by a SPAN volunteer. Ms. Lissberger noted that sometimes the SPAN volunteers are the only people that these elderly residents come in contact with on a daily basis. Members discussed the waiting list for meals. The agency has always been able to get funding to help these households. Many of the meals are congregate meals. They have about 400 volunteers who help them deliver meals. Day Stay for Adults Andre Villarreal stated that Day Stay for Adults is the only day care center for adults in Denton County. He noted that they provide nursing care and other professional services for their clients. Mr. Villarreal provided information on three different situations involving seniors with special needs and illustrated how the agency could help in these situations. He stated that they average 19 clients per day. Medicaid patients come in every day. Private pay patients are paying $40 per day so they may only come a couple of days per week. Day Stay for Adults is licensed for 59 clients. However, Mr. Villarreal did not feel that they could serve 59 clients if all of them had Page 65 significant special needs. This is the first year of a five-year lease. Ms. Vicars-Nance asked about how many disabled and elderly they served. Mr. Villarreal stated it was about half and half. Ms. Rheault asked about how clients get to the facility. Again, it was about half public transportation and half private transportation. Mr. Villarreal noted that they have a grant to provide bus service from south of Lake Lewisville. Five people are from south of Lake Lewisville. They are looking at having a facility in the Lewisville area. He noted that they also serve clients from smaller communities in the county and some communities out of the county. They had a waiting list when they were located on Camelot. Mr. Villarreal described the quality activities and staff at Adult Day Stay for Adults. Riding Unlimited Ranjani Mohana, interim board president and Mary Gwinner, director, from Riding Unlimited stated that they are requesting scholarship funds to support the therapeutic riding program. They have been funded for several years prior to last year but were not funded last year. The City funds provide scholarship funds to assist with the program. Ms. Bounds noted that there are others that do this type of work and asked what the differences were between organizations. Ms. Gwinner stated that they are an accredited center. She reiterated that Riding Unlimited does not turn anyone away. Denton County Federation of Families Claudette Fette stated that they are asking for funding for a family partner position for children with special needs. They have obtained funding for an advocacy training program and have an office at MHMR. Ms. Fette stated that they had increased use of UNT and TWU students for mentoring kids. Ms. Fette discussed some upcoming events including the hiring of a new director who will be writing and attempting to implement the program statewide. She will be supervising and training the parent partner here in Denton. Ms. Fette noted that there would be some increase in DCMHMR funding. City funding will allow for provision of services to those who are outside the DCMHMR criteria. Group Discussion Members voted to approve the resolution of supporting the Community Development Block Grant program. CASA Sherrie Gideon, executive director, explained the work that CASA does with children who are victims of abuse and neglect. She noted that they just received funding from the Denton County Commissioners Court for a new position so that they can again serve children throughout the County. CPS caseworkers often ask CASA to assist on cases. CASA also received another grant from the national CASA association for a development audit to find out what else the agency can do to build capacity. There has been a 22% increase in cases this year. Members discussed the fund raising efforts of the organization. It was noted that they were saving Denton County money by assisting with these cases. Our Daily Bread George Gibson described the type of assistance that Our Daily Bread was looking for - food, transportation, lodging. He noted that they are the only organization in Denton that does not ask Page 66 any questions before providing someone with assistance. He stated that they get more walk-ins than any organization in the City. Mr. Gibson stated that they also refer people to organizations for help. They have families that will take in men and families for a short time period. He noted that the Dallas Morning News provided a grant last year. Mr. Gibson added that some people tell them that this is the only meal they have all day. They also provide any leftover food to the Food Room. Ms. Bounds noted that Our Daily Bread had never come to them for funding before. Ms. Nalls asked about whether the organization would help to gather demographic information about clients served. Mr. Gibson indicated that they would. The organization has volumeers from a variety of churches. Children's Advocacy Center for Denton County Dan Leal, executive director, discussed the services provided by the Advocacy Cemer for children who are victims of abuse. He noted that they work with several agencies including CPS, the Denton and Lewisville Police Department and others. Mr. Leal noted that they are opening a new office in the City of Denton to serve those clients. He noted that most of their clients are from Denton. The Denton satellite office is in the Hickory Street office building. Mr. Leal stated that the $12,000 request would serve the Denton clients. They continue to increase the counseling services available. The Denton office is open three days per week. He noted that it would continue to grow. Mr. Leal was unsure as to why there were more cases from Denton. He noted that there are more low-income families in Denton and that might have something to do with it. Mr. Leal stated that the Advocacy Center was recently notified that they had been awarded a $50,000 gram from the Hillcrest Foundation. The meeting was adjourned. Page 67 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING March 1, 2005 Members Presem: Sonja Ball, Lilia Bynum, James McDade, Teri Rheault, Betty Tomboulian, Jan Hillman, Carol Bounds, Mary Tisher, Mae Nell Benford and Charles McLain Members Absem with Notification: Jodi Vicars-Nance Staff Presem: Wendy Nails, Human Services Coordinator and Barbara Ross, Community Development Administrator Mr. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:00PM. At this time, agency hearings for 2005-2006 applications began and proceeded with each agency providing a short three-minute presentation on its program and services followed by a seven-minute question and answer period. Denton Family Resource Center Fran Moore, executive director thanked everyone for the opportunity to share about the current activities of the Denton Family Resource Center. The agency is an outcome of the 1994 Vision project learning committee. A Dallas Women's foundation gram allowed the agency to hire a bilingual staff person. In addition, there is now a dedicated Spanish language voice mailbox. A new phone will allow a new line for information and referral services. The UNT library sciences masters' student will build a database to collect information from phone calls to the information and referral line. Betty Tombulian asked for clarification regarding the use of Human Services funds for the full time position. Ms. Moore stated the agency considered full time at 30 hours a month and that all full time positions received $200 dollars a month in benefits. In the future, the agency will work to try and join the Dallas Community Council plan for not for profit health benefits. Denton Christian Preschool Judy Royal, executive director and Jane Moyna, volumeer addressed some specific issues especially the continuing need for a their program. The Denton lSD statistics indicate at least 900 three or four year olds below poverty level that are not in a early childhood education program. The DISD has 220 children on the waiting list for their early education program to teach children English as a second language. The children on the waiting list are primarily Spanish speaking. The Demon Christian Preschool program addresses all areas of a child's life including parent education, nutrition, health and dental care. Carol Bounds asked if the current waiting list had a normal amount on the waiting list. Ms. Royal indicated that this was not a normal amount because of the reduction in CCMS vouchers there is a greater need for low- income childcare. Jan Hill asked if parents are required to attend the parenting classes. Ms. Royal explained that the parents are strongly encouraged to attend the classes if they do not attend the classes in the first year they may not be accepted into the program for the second year. Page 68 The agency does offer incentives to the parents to encourage attendance. Mary Tisher asked how the children learn to speak English if Spanish is primarily spoken in the home. Ms. Royal stated the preschool has bilingual teachers to help students who speak primarily Spanish at home. They usually learn English in a year and have made marked improvement by December. Teri Rheault congratulated the preschool on the great job they have done to increase diversity on their Board of Directors. Charles McLain asked how the waiting list works. Ms. Royal explained how a committee selects the children. When an opening occurs the committee tries to fill the opening with a child similar to the child who left the program including factors like the bus route, gender, and race. The child who fits the requirements and is in the most need especially children who have had referrals from other agencies is given priority. Fred Moore Day Nursery_ School Laura Williams, executive director thanked the committee for working them into the hearing schedule. She explained that an increased amount of human services funding is requested to help pay for an increase in teacher salaries. Reid Ferring, board member, explained that the agency is at full capacity and is the only service for low-income infant care in the City of Denton. Carol Bounds asked about the proposed $500 raise to teachers when they complete their educational program. Ms. Williams explained that the increase in human services funding would not cover the cost of the raise to the teachers but would help offset increased expenses at the center. Mr. Ferring apologized for the application being late and that the Board had past a motion that should prohibit the application from being late in the future. Denton City County Day School Carolyn Berry, executive director, explained that the school had been in operation for over 40 years and they have made a lot of changes including operating an activity center in a stand-alone gymnasium. The gymnasium will allow the school to expand the number of available childcare slots during the summer to older children for a summer care program. The funding request is for teacher salaries to offer a quality staff a livable wage and benefits. To keep quality staff they have to make more money as a teacher than they would at Walmart. They do not want to raise fees because it would not work well with the mission to offer affordable sliding scale. Carol Bounds asked if they had a waiting list. Ms. Berry explained that they have 40 on the waiting list and it fluctuates throughout the year. The list goes down in the summer and in the fall when parents are at home. Betty Tomboulian asked if parents elect not to use services in summer are they out of the schools program. Ms. Berry stated that these children would have go back on the waiting list or pay for the spot while the child was not in attendance. Carol Bounds asked if the school offered healthcare benefits to the teachers. Ms. Berry explained that the school does offer teachers healthcare benefits through a program coordinated by the Dallas Community Council. First Texas Council of Camp Fire Maria Luega explained that the agency is trying to expand into Denton. They are working with DISD and three preschools. The program concentrates on different topics each week with specific fun activities that work with the children. Watching the kids interact with the staff who are TWU work-study students is remarkable. The program gives kids a jump-start on being successful in life, including developing a good self-esteem. At the preschools the students work with only four and five year olds. They come in for only part of the afternoon and do a specific program. Most of the children they work with parents cannot afford to pay for a special Page 69 programming costs like uniform and transportation. Fairhaven Glenda Wittmis and Traci Watson, executive director, presented information regarding the aging population at Fairhaven. In order for residents to maintain their independence homemaker services are needed. The homemaker comes to Fairhaven daily but her service is offered every other week to each resident due to a rotating schedule. Carol Bounds asked if it was unusually for the home to have vacancies. They explained that this was unusual but their had been a high rate of attrition due death and deteriorations in health and independem living skills. In addition some rooms remained empty to accommodate the renovation of the facility. Mary Tisher asked about the screening process used for the housekeeper. The committee was informed that the currem housekeeper had been at Fairhaven for several years. The individuals put on the list for Homemaker services chose the day and time for their room to be cleaned. Carol Bounds inquired about the limited racial diversity amoum the Fairhaven residents. Ms. Watson explained that the Retirement Home seems to attract a high number of Caucasian females and there is limited interest in the Home by males and women of other of racial and ethnic backgrounds. Mae Nell Benford inquired about the current marketing strategies. Ms. Watson explained the Home has recently undertaken a new marketing strategy including hiring The Crouch Group for marketing and are signing up on websites like "A Place for Mom" as well as designing homepage for the Fairhaven Retirement Home. Fairhaven now has a proactive approach to marketing and attracting new residents to the facility. Girl Scouts- Cross Timbers Council Michele Garcia, developmem director, provided information on the Chances Outreach Program. The program is designed to help girls learn the necessary skills to safely stay at home without adult supervision. Currently the Chances sessions last six to eight weeks. The requested funding is to extend the session to sixteen weeks. James McDade asked if the program was offered throughout DeNon. The program is available in various places in the City but it is not in every school due to the limited number of paid part-time leaders and volumeer workers. The program is also offered at some of the after school programs including the programs at the Owsley Community School and the MLK Recreation Cemer. Sonja Ball asked how often the program is offered at the sites. Ms. Garcia explained that the Chances program is scheduled for every other week. Teri Rheault asked what expenses the requested funds would cover. The funds would be used to buy materials and to cover a portion of the salary costs. Some of the materials to be purchased would be a t-shirt, Girl Scout membership fees, and other program materials. Carol Bounds asked who were the collaborating organizations for the Chances program. Ms. Garcia provided the names of the different centers that work with the program. The girls served by the Chances program are ages 5-17 and all information provided is age appropriate. Second and third grade girls are the largest group; activities include things like managing money. City of Denton ASAS Kathy Schaeffer presemed information on the ASAS program including all of the changes that have occurred in the last year. Now the ASA picks up children from twelve differem schools and transports them to a recreation center for the program. The ASAS program has twelve kids on scholarship and eleven kids on a waiting list to receive a scholarship. The program includes a sports league, tutoring, arts and crafts. Carol Bounds asked why other agencies ask for funds to Page 70 support programs to be provided at an ASAS program. Ms. Schaeffer explained how the other programs were run by independent agencies that offered the programs and services to the ASAS program participants. Some ASAS participants are referred from the school district that could not be accepted in the DISD Extended Day Program. Mae Nell Beneford asked if the ASAS could held at one Recreation center. Ms. Schaeffer did not believe the City had adequate facilities to handle that number of children and this would create problems for parents to pick up children. Committee Discussion on ASAS HSAC expressed confusion about structure of the ASAS program and concern over the apparent the lack of coordination among programs. Committee members indicated that a large number of agencies stated programs were offered at the MKL Recreation Center but they do not seem to be visible to visitors to the center. Members expressed concern over the limited types of activities offered during the ASAS program participants. City of Denton Kings Kids Day Kamp Robbie Johnson and Albert Montero, center director, explained the services offered to about 80 children in the southeast Denton neighborhood between the ages six to twelve each summer. Teri Rheault asked if requested funding was to cover all of the program costs. Ms. Johnson explained that program participant fees would cover some other program costs. Ms. Rheault asked if the Kamp had sought funding from other sources. The program staff had not sought any addition program funds beyond Human Services funding and participate fees. Staff explained that the Kamp did not apply to the Parks Foundation because summer programs were not a priority for the parks foundation to fund. Mr. Montero indicated that the Parks and Recreation Department would not provide support for the Kings Kids Day Kamp or other summer and after school programs. If other resources did not provide funding the programs would be dissolved. James McDade asked if the Kings Kids Day Kamp could combine with the Owsley Summer Playground for one program. Mr. Montero explained that a combined program was possible but not ideal since the programs operate under two different models and serve different populations and neighborhoods. Ms. Johnson and Mr. Montero indicated that they will start to try and write grants in the future to secure other sources of funding for the Kings Kids Day Kamp. Jan Hill asked if a grant writer was available to assist them to find additional funding sources. Mr. Montero stated that the PARD had been forced to cut this position in past years as a budget savings. Betty Tomboulian asked why the PARD does not build scholarships into the department budget from the City. Ms. Tomboulian stated that she did not feel the PARD had ownership over the afterschool and summer programs. The committee stated they would like to provide funding in a manner that would give "the best bang for buck" in order to accomplish this PARD needed to coordination between the programs especially for purchasing items like craft supplies. In addition, the committee stated they were concerned about the lack of coordination between the programs operated by the PARD. Mr. Montero indicated that PARD staff was open we suggestions but did coordinate some services. City of Denton- Owslev Summer Playground Cirilo Pedroza, Denia Recreation Center Director, thanked the HSAC for past support of the Owsley Summer Playground. Mr. Pedroza explained that program staff was working on how the program would operate this summer with the cut in funding. Mr. Pedroza stated the program Page 71 will hire a recreation playground leader and others to assist with the children but the number of children served and number of staff hired will be reduced. The program did seek additional funding from a Seven-Eleven gram for summer playground program expenses. James McDade asked why the Summer Playground was asking for funds to serve the same children as the Owsley Community School. Mr. Pedroza explained the programs were started to service the children at differem times during the day. The Summer Playground served children during the day in the summer and the Community School served children in the afternoon to evening. Teri Rheault stated that the programs reliance on CDBG funds put it at risk not to have any funding in the upcoming year. Mr. Pedroza explained that the various programs in the Owsley area were started by a coalition to reduce crime and that he would hate to see a high crime rate return to the area due to funding cuts to human services programs. Betty Tomboulian indicated that over half the agencies that appeared before the committee for hearings that evening were for programs at one of three recreation cemers. The HSAC would like to know why the City of Demon does not build imo its programs scholarships for low-income children participating in PARD programs. Ms. Tomboulian stated that she understood the City of Denton is cutting programs to reduce expenditures. The HSAC would like for community coalition to be organized to help serve the children who are hurt by current funding and program situation. Mr. Pedroza indicated that the current situation was the same as was ten years ago when a coalition had to be formed to assist the Owsley Neighborhood and PARD became an emity to help seek funds. Communities in Schools of North Texas Gary Hendersen, Executive Director; Melanie Barry, Development Director; and Brian McCauley, Program Director, explained that this was the third year that they had applied for human services funding and had not yet received an award. This year the program requested funds for services at Denton High School rather than at Tomas Riveria Elementary School. The children from the Owsley neighborhood attended Denton High School. CISNT requests support for the program in order to secure other funding opportunities in the future. Carol Bounds asked why CISNT chose to go to Denton High School. Mr. Hendersen indicated that the DISD makes suggestions on where CISNT services are needed. CISNT feels that at the high school level the agency can reach a higher concentration of students in need. Ms. Barry has worked DISD to try and create intervention and prevention programs and stated that CISNT is looking at the funding options for the three high schools. The statistics and needs are overwhelming. Carol Bounds asked if the school counselors send referrals to CISNT. Mr. McCauley indicated that is one of the ways a student can enter the program but that various types of referrals including staff, students, and self for program enrollment. The process to request services is fairly easy and CISNT does not refuse services to the children. Betty Tombulian stated she was impressed with CISNT financial partners. She suggested and hoped that when CISNT wrote grants that they included services for all children and better coordination of programs. Mr. Hendersen indicated that the agency was moving in that direction and has started working with UNT especially with Page 72 Stan Ingman and with Newton Razor Elementary. Mr. Henderson requested support from the City of Demon because it was a good housekeeping seal of approval to help leverage other funds to continue the program. The Demon Corps of The Salvation Army Captain Glenn Queener thanked the committee for allowing them to reschedule their agency hearing due to an emergency. Captain Queener stated that The Salvation Army was requesting funds to provide a portion of the salary for transitional shelter coordinator and intake person. The Salvation Army appreciate the funding in the past, but needs additional funding this year due to reduction in Emergency Food and Shelter Gram funds and loss of Emergency Shelter Gram Program funds. Captain Queener stated that The Salvation Army could make an award of $15,000 work but that an award of $25,000 is needed to make the program to work at its optimum level. Captain Queener stated that in January the transitional shelter program had six persons successfully graduating from the program. In addition since last year The Salvation Army had hired another person to handle the transitional shelter program. Owsley Communi _ty School Greg Hedges, executive director, and Daryl Ramsey, board member, thanked the HSAC for the opportunity to come and appear for the agency hearing. They explained that the Owsley Community School was a nonprofit organization for the west side of town. The Agency had grown and cut crime in the area through its programming. The Owsley Community School was asking for cominued support of the afterschool program and adult education services. The agency was in the process of getting a new building and hoped that by the first of the summer the new building would be available to double the useable program space to better serve the community. The additional space would allow multiple activities to occur in the building at the same time. For the adults programs, the additional space will provide an opportunity to serve the different language abilities of studems. All the programs are offered free to the community. Meeting Adjourned at 9:15 PM Page 73 UNOFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING March 8, 2005 Members Presem: Lilia Bynum, James McDade, Teri Rheault, Betty Tomboulian, Jan Hillman, Carol Bounds, Mae Nell Benford and Charles McLain Members Absem with Notification: Jodi Vicars-Nance, Sonja Ball, and Mary Tisher Staff Presem: Wendy Nails, Human Services Coordinator and Barbara Ross, Community Development Administrator James McDade called the meeting to order. Wendy Nalls explained the scoring sheet results. She noted that the target budget of $345,509 included 15% of the City's 2005 CDBG allocation and the general fund budget amount from last year. Carol Bounds began by discussing the importance of health care in the community and discussed cutting some agencies to provide funding for the People's Clinic. Members agreed to start at the top and discuss each agency individually to determine a funding level. Some of the discussion poims are as follows: · Members discussed the services of CASA and the DeNon County Advocacy Cemer and whether or not they served the elderly. · Concern was voiced regarding why the Parks Departmem does not request funds from the Parks Foundation for the summer playground and after school scholarship programs. It was noted however, that these programs met an important need in the low-income community. · It was stated that perhaps Communities in Schools should receive a small amount just to show the City's support. Ms. Ross reminded the committee that staff has limitations on the number of agencies that can be adequately monitored and that a $1,000 award requires the same type of documemation and monitoring as a $10,000 award. Members asked how many agencies staff could handle. Ms. Ross and Ms. Nalls agreed that 25 agencies would be the maximum. · It was noted that Cumberland Presbyterian Children's Home had received $350,000 for construction of two duplex units for their transitional housing program. Denton County City Day School received approximately $80,000 for their parking lot, sidewalk and electric upgrade. · Members discussed the differences in services provided by DeNon Christian Preschool and Denton City County Day School. It was noted that DCP served more children and yet had a lower budget. Ms. Nalls explained that DCP was a ½ day program while DCCDS was a full day with breakfast, lunch and two snacks provided. · A comment was made that the Denton County Federation of Families has already done quite a bit to support the families of children with serious behavioral problems. · Members agreed that food and shelter were more important than housekeeping based on their Page 74 discussion of the requests from Fairhaven and Fairoaks. Members also commented that Fairoaks had aides who were not truly assisting the clients. · Members agreed that they appreciated the efforts of Our Daily Bread but did not feel that they could provide funding. · Members discussed the Owsley programs and decided that there were other ESL opportunities available in the community. They agreed that the after school programming was the priority. · It was noted that Fred Moore Child Care's application was late. They received a $50,000 Meadows grant to "catch up" on their finances and had received a larger allocation from the United Way for the coming year. It was suggested that they be allocated $25,000. Members discussed the fact that their proposed general fund budget was more than last's years budget. Ms. Ross indicated that it was likely they would be asked to reduce their recommendation. She added that even if their recommendation came in at last year's amount, they might have been asked to reduce it. Members agreed that they felt these recommendations would help meet some important community needs and they did not want to reduce them before they spoke with City Council. Members agreed to accept the attached recommendations. James McDade asked Carol Bounds if she would present the recommendations to City Council. Ms. Bounds agreed to present. The meeting was adjourned. Page 75 City of Denton DR~FT Consolidated Plan for Housing and Community Development 2005-2009 Housing Park Facilities Public Improvements Human Services CITY OF DENTON, TEXAS COMMUNITY DE VEL OPMENT DIVISION DeNon City Council Euline Brock, Mayor Raymond Redmon, District 1 Pete Kamp, District 2 Jack Thomson, District 3 Perry McNeill, District 4 Bob Montgomery, At Large Place 5 Joe Mulroy, At Large Place 6 Michael Conduff, City Manager Community Developmem Advisory_ Committee Edward Touraine, Chairperson Charye Heggins Hank Dickenson Sandra Benavides Ron Aldridge Cassandra Berry LaNelle Winn Peggy Fox, Vice Chairperson Maureen Jamail Human Services Adviso _ry Committee James McDade, Chairperson Mary Tisher Jan Hillman Jodi Vicars-Nance Carol Bounds Charles McLain Mae Nell Benford Betty Tomboulian, Vice Chairperson Lilia Bynum Sonja Ball Teri Rheault Economic Developmem Departmem, Community Developmem Division Linda Ratliff, Director Barbara L. Ross, CD Administrator Luisa Rodriguez-Garcia, CD Coordinator Wendy Nalls, Human Services Coordinator Nancy Baker, Housing Programs Manager Alma Espino, Program Specialist Gordon Meredith, Residemial Construction Spec. Anita Ferguson, CD Assistant SPECIAL THANKS The Community Development Division would like to express our appreciation to the agencies, departments and committees who participated in developing the City of Denton's 2005-2009 Consolidated Plan. Approved by DeNon City Council on {Date} Approved by the U.S. Departmem of Housing and Urban Developmem on {Date} www.cityofdenton.com ADA/EOE/ADEA ii. iii. IV. VII. VI. VIII. Table of Contents INTRODUCTION ............................................................................................................. 1 CONSULTATION AND CITIZEN PARTICIPATION ................................................... 2 POPULATION, HOUSING, AND EMPLOYMENT CHARACTERISTICS .................. 5 HOUSING NEEDS ASSESSMENT AND STRATEGIES a. Rental Housing .................................................................................................... 21 b. Owner-Occupied Housing .................................................................................. 24 c. Homeownership .................................................................................................. 26 d. Middle Income ..................................................................................................... 27 e. Special Needs Housing ........................................................................................ 29 f. Public Housing ..................................................................................................... 31 g. Homelessness and the Continuum of Care .......................................................... 31 h. Lead-Based Paint Hazards .................................................................................. 39 NON-HOUSING COMMUNITY DEVELOPMENT a. Human Services ................................................................................................... 42 b. Public Infrastructure and Public Services Facilities ............................................ 45 c. Anti-Poverty and Economic Development .......................................................... 47 BARRIERS TO AFFORDABLE HOUSING ................................................................. 49 INSTITUTIONAL STRUCTURE ................................................................................... 54 APPENDIX HUD Priority Needs Tables for Housing and Community Development ........... 58 Denton Citizen Participation Plan ........................................................................ 61 Rental Rehabilitation Map ................................................................................... 64 Home Improvement Map ..................................................................................... 65 Denton's Permit Schedule .................................................................................... 66 Homeless Count 2000 through 2005 .................................................................... 74 Glossary ............................................................................................................... 75 INTRODUCTION The City of Denton receives grant funds annually from Congress according to an entitlement allocation formula whereby all cities with populations over 50,000 are awarded funds by the U.S. Department of Housing and Urban Development (HUD). Congress appropriates funds to HUD for a number of programs. Entitlement cities are required by HUD to submit a five-year Consolidated Plan, which consolidates the planning, application and reporting requirements for the following federal programs: Community Development Block Grant (CDBG) was authorized under Title 1 of the Housing and Community Developmem Act of 1974. This formula-based program is designed to develop viable communities by providing decem housing, a suitable living environmem, and expanding economic opportunities for low and moderate income persons. HOME Investment Partnership Program (HOME) was authorized under title II of the Granston-Gonzales National Affordable Housing Act of 1990. This formula-based program designed to increase homeownership and affordable housing opportunities for low and very low-income persons. American Dream Downpayment Initiative (ADDI) was signed imo law on December 16, 2003. The program will assist low-income first-time homebuyers in purchasing single- family homes by provided downpaymem and closing costs assistance. ADDI will be administered as part of the HOME Investment Partnership Program. DeMon's 2005-2009 Consolidated Plan describes the city's strategies and resources for the next five years creating a stronger link between the needs, strategies and available resources in Denton. DeMon's Consolidated and Action Plans are a culmination of a collaborative effort between local citizens, nonprofit, organizations, the educational community, citizen commems, elected leaders, Community Developmem Advisory and the Human Services Committee and the City, which establishes a unified vision for community developmem actions. This process allows for more effective coordination of efforts by consolidating federal requiremems, submissions and planning for Denton's CDBG and HOME programs. Page 1 CONSULTATION AND CITIZEN PARTICIPATION The following is a brief explanation of the community participation/consultation activities carried out as part of the Consolidated Plan process. See Appendix B on page 61 for Demon's Citizen Participation Plan. LEAD AGENCY The Community Developmem Division, City of Demon, is the lead agency for preparation and dissemination of the Consolidated Plan for Housing and Community Developmem. Other organizations that will assist in administering programs covered by the Consolidated Plan include various social service agencies that receive CDBG, Supportive Housing Program and Emergency Shelter Gram (funding from State) funds. Also, Demon's only Community Housing Developmem Organization, the Demon Affordable Housing Corporation and other housing providers such as Habitat for Humanity. CONSULTATION PROCESS mo Communi _ty Needs Assessmem - Collaboration with the United Way to develop and carry out a community needs assessmem. The Community Assessmem conducted several focus groups to provide a community perspective of future challenges and areas of concerns. The focus groups included the Denton County Homeless Coalition, Denton Information Network, and Success by Six Children's Coalition. Each focus group discussed three questions: (1) What do you see as the top three most significam housing, health or human service issue or problem facing residems of the City of Demon? (2) What do you see as the top three most significam unmet needs in the City of Demon? (3) What challenges or barriers do you think City of Demon residems and organizations will face in trying to meet future housing, health, and human service needs? The coalitions used as focus groups represent a wide selection of health and human services areas including: emergency shelter, housing programs, crisis assistance, child neglect and abuse agencies, County Health Department, childcare, social service agencies, Denton Independent School District, Local Workforce Board, early childhood imervemion programs, family support agencies, Denton County Mental Health Mental Retardation, and volunteer programs. Public Hearings - Hearings to discuss broad and more specific areas of community needs. Hearings were targeted to low-income households and predominately minority populations. One hearing was held in Spanish and members of the local LULAC and Hispanic Chamber participated in outreach for the hearing. See Action Plan for minutes of public hearings. Co Demon Housing Coalition - Discussions with Demon Housing Coalition regarding housing priority needs and filling the gaps on the institutional structure. Page 2 Council-Appointed Committees - Participation by Council-appointed committees, the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Both groups will review the plan and develop recommendations for presentation to City Council. The HSAC committee also develops recommendations for general fund dollars for public services. Community Development Division - Staff discussion on needs and survey of other City personnel to determine community development needs. Staff coordination of process and completion of the plan document. Other Cities - The following cities were contacted and invited to comment on the Consolidated Plan: Argyle, Carrollton, Corinth, Flower Mound, Krum, Lewisville, Shady Shores. No comments were received. Continuum of Care Consultations - The Denton County Homeless Coalition (DCHC) meets on a quarterly basis to discuss the needs of the homeless and potentially homeless in the local area. The DCHC Steering Committee acts as the plenary body for the continuum of care. Both the Steering Committee and the general body members of the DCHC were given an opportunity to review and amend the information and regarding the needs of the homeless and potentially homeless. Denton Children's Coalition Success By 6® - Demon's Children's Coalition Success by 6® meets on a monthly basis to discuss the early learning needs of the local area. As the local early learning local council, the Denton Children's Coalition Success by 6® acts to help develop, operate, or enhance voluntary early learning programs for children. 100% Geriatric Services in Demon County Workgroup - 100% Geriatric Services in Denton County Workgroup meets on a quarterly basis to discuss the geriatric service needs of the local area. As the local geriatric services council, the 100% Geriatric Services in Demon County Workgroup acts to help identify, develop, operate, or enhance programs for older residents of Denton County. EFFORTS TO BROADEN PUBLIC PARTICPATION Advertisement of public hearings in the Community Development newsletter and flyers that were disseminated in English and Spanish. The newsletter goes out to community development clients, the public hearing mailing list of interested persons, city employees, local churches, social service organizations and other organizations. Community Development and United Way staff held focus groups with several groups including a) Success by Six (preschool educational support; b) Demon Information Network (various State and local service providers) c) Demon Housing Coalition C. Surveying social service agency personnel and clients receiving services. Page 3 CITIZEN PARTICIPATION To ensure citizen participation in the 2005 Consolidated Plan, City staff followed the Citizen Participation Plan. Public hearings were held December 6th and 13th. The December 13th public hearing was held in Spanish. The public hearings updated citizens on the status of currem programs and activities and asked about the needs of the community. Both of the public hearings were held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Developmem newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Developmem Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. A notice was also placed in the Denton Record-Chronicle. After the Consolidated Plan was drafted, advertisemems were placed in the DeNon Record- Chronicle summarizing the plan and announcing to the public where the plan was available for review, and the process for submitting commems to the City of DeNon. The advertisemems also included information on the upcoming public hearing. Ads were also placed on the local governmemal channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All commems received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. The advertisemem also included timeframe for the thirty-day commem period, the locations of the plan and where to direct comments on questions. Adjacem communities were comacted. They were given the opportunity to review the 2005- 2009 Consolidated Plan and provide commems. To ensure citizen participation at all stages of the 2005 Action Plan process, one public hearing was be scheduled on April 5, 2005 during a City Council Meeting to give citizens the opportunity to commem on the 2005 Consolidated Plan. See pages 36 of the 2005 Action Plan for minutes of the public hearings. Page 4 POPULATION, EMPLOYMENT AND HOUSING CHARACTERISTICS Population The chart below illustrates Demon's population growth and projected growth to the year 2020. From 1990 to 2000 the population increased by 21.5%. The only decrease in the growth rate occurred between 2000 and 2005. Projections indicate that the population of Demon between 2005 and 2015 will increase by 43.5%. Demon is experiencing strong growth along with other communities in the Dallas-Ft. Worth metropolitan area. Population Growth and Projections lati~ I 1990 66,270 1995 69,875 5.4% 2000 80,537 15.3% 2005 92375 14.7% 2010 108,042 17.0% 2015 132,579 22.7% Source: U.S. Census 2000 and North Central Texas Council of Governments, April 2003. Population by Race and Ethnicity From 1990 to 2000, the non-white population in Demon increased by 64%. The chart below illustrates the growth in racial and ethnic minority groups from 1990 to 2000. The U.S. Census Bureau considers race to be separate from ethnicity. The two are distinct concepts. Persons who are of Hispanic origin may be of any race. Denton Population By Race and Ethnicity Persons % of Persons % of Change % Change Total Total White 54,315 82.0% 60,900 75.6% 6,585 12.1% Black 6,316 9.5% 7,344 9.1% 1,028 16.3% American indian 299 0.5% 464 0.6% 165 55.2% Asian & Pacific islanders 1,860 2.8% 2,774 3.4% 914 49.1% Other Single Race 3,480 5.3% 7,126 8.8% 3,646 104.8% Two or More Races N/A N/A 1,929 2.4% N/A N/A Total Population 66,270 100% 80,537 100% 14,267 21.5% Hispanic Origin (Any Race) I 5,937 I 9.0 I 13,188 I 16.4% I 7,251 I 122.1% Source: 2000 U.S. Census Data Page 5 Race and Ethnicity Breakdown for the City of Denton Source: 2000 U.S. Census data Two or More Races 2% Other Single Race 8% Asian & American Pacific Indian ~ Islanders o% ~ 3% Black 8% Hispanic Origin (Any Race) 14% White 65% Census tract 212 in Southeast Denton and 209 in Southwest Denton have the highest percentage of minorities by race in Denton with 47.28% and 42.42 %, respectively. Census tracts 209 in Southwest Denton and 206.02 in Northeast Denton have the highest percentage of Hispanics of any race with 37.48% and 27.47%, respectively. The following tables provide information that indicates the minority concentration based on race and ethnicity by census tracts. Minority concentration is defined as any census tract that has more than 30% of its population as minority. Minority Concentration by Race ~su~ ~ra nt~g~ ~ 213.01 23.10% 204.01 25.15% 207 27.00% 206.02 27.87% 208 29.65% 211 30.37% 210 31.32% 206.01 35.03% 209 42.42% 212 47.28% Source: 2000 U.S. Census Minority Concentration by Ethnicity peee~geo ~ispanF 212 21.46% 214.01 23.26% 206.01 25.54% 208 25.67% 206.02 27.47% 209 37.48% Source: 2000 U.S. Census Page 6 The following map shows the minority concentration based on race by census tracts in the city of Denton. Minority Concentration by Census Tracts 0 - 25% +25% - 30% +31% - 40% +41% - 50% +50% - 100% Source: U.S. 2000 Census Housing Supply The tables below indicate that the number of housing units has increased by approximately 14% in the ten-year period from 1990 to 2000. The greatest increase was in the percentage of single- family units. The definition of "single-family includes both single-family detached and attached units. City of Denton Housing Stock Comparison 1990 -2000 s~ng~e Fa~i~ ~lti Fa~i~ 1990 13,207 13,369 2,215 28,791 2000 16,400 14,544 1,809 32,753 Change 24.2% 8.8% -18.3% 13.8% Source: U.S. Census of Population and Housing Page 7 City of Denton 2000 Housing Stock & Vacancy Rate Single Family 16,400 50.1% 660 4% Multi-Family 14,544 44.4% 984 6.7% Mobile Home 1766 5.4% 209 11.8% Other 43 .1% 0 0% TOTAL 32,753 100% 1,853 5.6% Source: U.S. Census of Population and Housing The 2000 Census information above indicates that single-family units made up just over 50% of the total units in Denton. According to the 2000 Census, rental vacancy rates are at 91%, which is higher than the vacancy rate in 1990. It appears that more units are available both for multi- family and single-family housing. Competition for reNers could decrease the renal rates and make units more affordable. City of Denton Number of New Units Permitted 1990- 1998 1990 104 0 17 121 1991 134 0 13 147 1992 196 0 32 228 1993 307 0 -0- 307 1994 252 0 7 259 1995 258 0 162 420 1996 267 14 447 728 1997 265 9 463 737 1998 590 0 499 1,089 TOTAL 2,373 23 1,664 4,060 PerceN 58% 1% 41% Source: City of Denton Building Inspections Department, 1999 Building permit activity since 1990 indicates the changing demands for housing, particularly since 1995. In 1998, the number of new housing units permitted was more than twice the annual average since 1990. This trend toward increasing single-family units coNinues through 2000 and beyond as indicated by the chart below. The adopted DeNon Plan calls for a 60:40 ratio of single-family to multi-family housing (excluding others) by the year 2020. As of August 31, 2004, the SF to MF ratio was 55:45. Page 8 Census-April 2000 I 30,944 I 16,400 I 50.07% I 14,544 I 44.41% ~ ~ ~a~ ~ld~g P~it~ 4/2000- 12/2000 31,391 220 52.95% 227 47.05% 1/2001 - 12/2001 32,897 1.078 53.80% 428 46.20% 1/2002- 12/2002 34,904 1,253 54.29% 754 45.71% 1/2003- 12/2003 35,844 897 55.37% 43 44.63% 1/2004- 10/2004 37,761 899 55.07% 928 44.93% Total Units 20,747 16,924 Source: City of Denton Planning & Development Department Housin~ Tenure Housing tenure is a leading indicator in communities that desire to create or maintain a "sense of place." Homeownership can indicate the level of commitmem that residems have for their community. At 41.7%, DeNon has a very low percemage of owner-occupied housing units compared to the State's percemage. The large number of university-related households is a significant factor contributing to the low percentage of owner-occupied housing. The growth of UNT and TWU paralleled the decline in owner-occupancy rates in the city. In 1960, the city's percentage of owner-occupied housing was relatively close to the statewide rate, but by 1990 the city's owner-occupancy rate was less than two-thirds of Texas overall. From 1990 to 2000 the percentage of owner-occupied units has increased but not significantly. Below are charts showing the difference in owner vs. renter occupancy between Denton and other Denton County entitlement cities and the change in Denton's owner-occupancy rate since 1960. 2000 Owner/Renter Comparison Total 39,136 30,895 16,179 30,043 Owner occupied 25,710 12,960 15,024 16,184 Renter occupied 13,426 17,935 1,155 13,859 Source: U.S. Census of Population and Housing City of Denton & State of Texas Owner-Occupancy Rate 1960 - 2000 I S~at~ ~ 1960 60.3 64.8 1970 51.3 62.7 1980 46.7 67.2 1990 39.3 60.9 2000 41.7 63.8 Source: U.S. Census of Population and Housing Page 9 With respect to housing tenure, Denton is a much different place than it was in 1960. In 1960, the City of DeMon's population of 26,844 represemed more than 56% of all the population in Denton County. Since then, Denton has become a much smaller percentage of the Denton County population and housing tenure shifted dramatically toward rental housing. Significantly more remer-occupied units have been added to the housing supply than owner-occupied units. Between 1960 and 2000, additional remer-occupied housing grew by 14,988 units or 64% of all housing units added to the city's housing stock. However, as stated above in the period from 1990 to 2000, more single-family units than multi-family units have been permitted for construction. City of Denton Population & Housing Tenure 1960 - 2000 I lafi~ I 0 ~¢~ ~iii [ nt~ 0 1960 26,844 4,594 3,025 1970 39,874 6,106 5,790 1980 48,063 8,142 9,283 1990 66,270 10,058 15,661 2000 80,537 12,887 18,013 1960-2000 +53,693 +8,293 + 14,988 % Change +200% + 181% +495% 1960-2000 Source: U.S. Census of Population and Housing ReNal housing in the city is not only prevalem in typical multi-family structures, but extends to single-family residences and mobile homes as well. According to the 2000 Census data, 26.8%, approximately one of every four occupied single-family units in Denton is renter-occupied. This is a slight decrease from the 28% figure in 1990. City of Denton Occupied Housing Stock 2000 P~ ~nt P~ ~nt R~nt~ ~ ~nt ~c~up~ Td~!8 ~c~up~d Single Family 15,740 50.9% 11,520 73.2% 4,220 26.8% Multi-Family 13,560 43.9% 201 1.5% 13,359 98.5% Mobile Home 1,557 5% 1,130 72.6% 427 27.4% Other 43 .1% 36 83.7% 7 16.3% TOTAL 30,900 99.9% 12,887 41.7% 18,013 58.3% Source: U.S. Census of Population ~d Housing Page 10 Housin~ Market Analysis Vacancy I 0 & 1 3+ Substandard Housing Stock Inventory Rate ~Bedro0m 2 Bedrooms Bedro0ms T0ta! Units Units Rented/Owned Occupied Units: Renter 8272 6360 3381 18012 Occupied Units: Owner 485 1669 10732 12885 Vacant Units: For Rent 4% 484 530 175 118c~ Vacant Units: For Sale 1% 20 60 18£ 26£ Total Units Occupied & Vacant 9261 8619 1446c~ 3234c~ Rents: Applicable FMRs (in Ss) 713 868 1,41: Rent Affordable at 30% of 50% ot MFI (in Ss) Public Housing Units Occupied Units C 0 0 ( Vacant Units (~ 0 0 £ C 0 Total Units Occupied & Vacant C 0 0 ( £ 0 Rehabilitation Needs (in Ss) ~ 0l 01 Condition of Housing Census figures indicate that 9,875 housing units in DeNon were built before 1970. This number represents approximately 40% of the housing units in Denton. Units built prior to 1970 have a high incidence of substandard features. A high percemage of these units are located in the low- income areas of Denton. Housing Price Housing price is the reflection of supply of and demand for housing. In the previous Consolidated Plan, the period from 1993 to 1998 saw a 60% increase in housing price in the area. The most recent six-year period indicates that housing price is increasing at a much slower rate. From 1998 through 2003, the median sales price, based on all housing transactions in the DeNon Multiple Listing Service (MLS), area increased by 23%. From 1997 to 2003 the percemage of homes selling at less than $100,000 decreased from 38.8 to 10.3 percem. This is a significam decrease in the availability of units in this price range. Denton MLSArea Annual Median Sales Price of Houses 1997 -2003 1998 $124.800 1999 $132,800 2000 $144,700 2001 $151,000 2002 $152,100 2003 $153,900 Change +23% Source: Real Esmm Center ~ Texas A & M UnNersi~ Average Cost of Apartments in Denton Efficiency $428.00 1 Bedroom $538.00 2 Bedroom $687.00 3 Bedroom $898.00 Source: Planning and Development Dept., City of Denton Page 11 Denton is home to two State universities - The University of North Texas and Texas Woman's University. As a result, occupancy rates during the fall, winter and spring are higher. Occupancy levels are substantially reduced during the summer months. The chart below indicates that DeNon has a higher percemage of single-family units valued below $120,000 than the surrounding communities. More than 55 % of DeNon' s single-family units fall imo this range. The community with the next highest percemage is Lewisville with less than 35% of units being valued at less than $120,000 2004 Single-Family Units by Appraised Value mng~ in AppraiSed Highland Vill g $1 to $14,999 196 95 25 43 26 $15,000 to $29,999 485 124 42 12 6 $30,000 to $59,999 1,897 44{ 140 40 44 $60,000 to $119,999 8,706 5,374 985 139 843 $120,000 to $199,999 7,405 10,471 7,423 1,896 3,691 $200,000 to $399,999 1,463 815 9,067 2,233 1,122 $400,000 to $749,999 109 113 1,176 317 10 $750,000 and Above 3 87 28 1 Total 20,264 17,335 18,945 4,708 5,743 Source: Denton Central Appraisal District, 2003-2004 Certified Values Household Size~ Composition and Income Since 1960, the last census when owner-occupancy in Denton resembled statewide data, the average household size in DeNon has decreased from 3.0 to 2.35 persons per household. In 2000, 66% of all households in the city had only one or two persons. City of Denton - Persons per Household 1960 - 2000 ~6P~ati~ Yea~ In Group ~3P~iati~ 1960 26,844 4,239 22,605 7,619 2.97 1970 39,874 6,929 32,945 11,896 2.77 1980 48,063 6,653 41,410 17,522 2.36 1990 66,270 6,994 59,276 25,702 2.31 2000 80,537 7,842 72,695 30,895 2.35 Source: U.S. Bureau of Census Page 12 University studems living off-campus may be responsible for both the decreases in owner- occupancy and household size in DeNon. In 1970, the group quarters population in DeNon was 6,929, mostly college students living in dorms, accounting for 17% of all population in Denton. In 2000, the number of residents living in group quarters rose to 7,842, but was less than 10% of the total population. As stated above, from 1960 to 2000, the average household size in DeNon went from 3.0 to 2.35. In 2000 household size in Denton was approximately 12% less than in Denton County as a whole - 2.35 versus 2.67 per household. Household composition is important in understanding the demand for each type of housing in the community. Denton has a significant majority of small households. Two of every three households have only one or two people; less than one of every five households has more than three people. City of Denton - Number of Persons per Household - 2000 1 Person 9,737 31.5 31.5 2 Persons 10,614 34.3 65.8 3 Persons 4,656 15.1 80.9 4 Persons 3,393 11.0 91.9 5 Persons 1,542 5.0 96.9 6 Persons 552 1.8 98.7 7 or more Persons I 401 I 1.3 I 100 Source: U.S. Bureau of Census Demon also has an unusually small percemage of residems that live in family households, compared to other entitlement cities in the area. City of Denton - Percent of Population in Families in 2000 [ P ~P~latin]P snP t~y ~opmatmn Demon 80,537 62.4% 2.35 Lewisville 77,737 80% 2.58 Carrollton 109,576 85.7% 2.78 Flower Mound 50,702 94 % 3.12 Demon County 432,976 81.7% 2.67 Source: U.S. Bureau of Census As late as 1970, the population of the City of Demon accoumed for more than half the total population of Demon County. By 2000, the city's share of county population had decreased to 18.6% of total county population. Denton still has a concentration of the county's poorest persons, households and families. Nineteen percem of all persons, 22% of all households, and 10% of all families in Demon in 1990 lived in poverty. The percemage of families living in poverty in the balance of the county was 3%. Person and household measures may reflect student-related population, but the percentage of families living in poverty in Denton has little to Page 13 do with the universities. The city had more than half of all persons and households in Demon County that lived in poverty and nearly half of all families. Denton County Comparison Persons, Households & Families In Poverty - 1990 Total Population 80,537 273,525 29.4 Persons in Poverty 12,273 21,861 56.1 Households 25,702 102,025 25.2 Households in Poverty 5,604 9,128 61.4 Families 13,786 70,331 19.6 Families in Poverty 1,366 3,195 42.8 Source: U.S. Bureau of Census, 1990 2000 Census information cominues to illustrate that fact that Demon has a higher percemage of persons and families in poverty than other communities in the County and Denton County itself. More than 40% of the individuals below the poverty rate in Denton County reside in the City of Denton. Denton County Comparison Persons & Families in Poverty - 2000 ~ing Areh i~i~idu~i~ B~i~w ~arniii~ ~i~ % ~arniii~ Carrollton TX 6,057 1,189 28,932 4.1% ~ento~ ~,~0~ 88~ Flower Mound TX 1,266 314 14,262 2.2% Lewisville TX 4,629 788 19,815 4.0% Denton County TX 28,039 4,601 111,324 4.1% Source: U.S. Bureau of the Census, 2000 In terms of household and family income, the City of Demon is below the rest of Demon County. Denton County Comparison Household and Family Income - 2000 ReP3 i g Carrollton TX 62,406 68,672 99.1% Denton TX 35,422 51,419 74.2% Flower Mound TX 95,416 98,055 141.5 % Lewisville TX 54,771 63,719 91.9% Denton County TX 58,216 69,292 -- Source: U.S. Bureau of Census Page 14 According to the 2000 Census information, the following maps show the concemrations of low- income households in Demon. Low-income concemration is defined as a block group that has at least 51% low-income households. Concentration of low-moderate income households Highlighted block groups have at least 51% low/moderate income Concentration of Low/Mod Income by Block Groups 0-50% 51% - 60% 61% - 70% 71% - 80% 81% - 90% 91%- 100% Source: 2000 U.S. Census Page 15 Assisted and/or Housing for Low-Income Households The City of Demon has no convemional public housing. The Demon Housing Authority administers a Section 8 program and manages family and elderly multifamily housing units owned by DHA non-profit subsidiaries. Several low-income housing tax credit projects have been developed. No net loss in assisted units is expected in the next 5 years. Affordable Rental Housing Inventory ~g~at~ I ~~an~ I ~di S~ ~ ] ~ ~it~ Denton Housing Subsidized units in Section 8 943 Authority City of Denton Country Park Affordable Family LIHTC 120 Apartments Units The Waterford at Affordable Family LIHTC 156 Spencer Oaks Units Rosemont at Pecan Affordable Family LIHTC 250 Creek Units Primrose at Sequoia Affordable Elderly LIHTC 250 Park Units Subsidized Elderly LIHTC; CDBG 24 Pecan Place (DHA) Units Renaissance Courts Affordable Family LIHTC & DHA private 150 (DHA) Units financing Pebble Brook Affordable Family Texas Multifamily Bond 250 Apartments Units Funds Fairhaven Affordable Elderly Section 202 48 Units Fairoaks Subsidized Elderly Section 202 41 Units Denton Affordable Units for Disabled Section 811; HOME; 29 Housing Corp. HTF; FHLB; Private Denton Affordable Transitional Housing FHLB; TDHCA; 22 Housing Corp. Units HOME; Private Denton Affordable Affordable Family Private 7 Housing Corp. Units City of Denton Elderly & Special HOME TBRA 5 Needs Subsidies TOTAL UNITS AND/OR SUBSIDIES AVAILABLE 2,295 Page 16 Homeless and Special Needs Housing Inventory of Facilities and Services for the Homeless and Special Needs Populations S~p¢~ ~rg~ P~Iati~ Denton Housing Low-income households Provision of Section 8 rental assistance. Authority Denton State School Persons with severe and Provision of residential care and support profound developmental services. disabilities Fairhaven Low-income elderly Provision of low-income housing and tenant based rental assistance. Family Health Care Indigent Pregnant Women Provision of pre-natal care to low-income expectant mothers. Fred Moore Clothing Low-income households Provision of free clothing. Room Fred Moore Day Low-income households Provision of infant day care and pre-school Nursery School day care and to low-income children between 0 and 5 years of age. HOPE, Inc. Low-income households Provision of transitional housing, 30-90 day assistance, and emergency financial assistance. Interfaith Ministries Low-income households Provision of emergency utility assistance, prescription assistance and other emergency financial services. Meals on Wheels Low-income elderly Provision of home delivered meals. North Central Texas Low-income households Provision of child care assistance. Workforce Owsley Community Low-income households Provision of after school program, youth School music education, and English as a Second Language classes. People's Clinic Low-income households Provision of sliding scale primary health care. Reach, Inc. Persons with disabilities Provision of in-home training, counseling, ADA training, and support. Riding Unlimited Persons with disabilities Provision of therapeutic horseback riding. Salvation Army Homeless individuals and Provision of emergency shelter and social families services. Singing Oaks Church Low-income households Provision of emergency utility assistance, of Christ prescription assistance, food assistance, gas and emergency financial services. Page 17 Inventory of Facilities and Services for the Homeless and Special Needs Populations ~eip°P ~at~n SPAN Elderly Provision of congregate and home delivered meals, information and referral and case coordination. SPAN/City of Denton Persons with Provision of a transportation system for transportation needs residents of Denton. TTRIPS Program Teen Parents Provision of case management and day care to teen parents working toward high school graduation. Trinity Presbyterian Non-Resident Low- Provision of immigration services. income households TWU CARES Low-income households Provision of primary health care. University of North Low-income persons with Provision of sliding scale mental health Texas and Texas mental health problems or services. Women's University illness West Texas Legal Low-income households Provision of legal services for tenant - Services landlord disputes. Denton Housing Low-income households Provision of Section 8 rental assistance. Authority Denton State School Persons with severe and Provision of residential care and support profound developmental services. disabilities Fairhaven Low-income elderly Provision of low-income housing and tenant based rental assistance. Family Health Care Indigent Pregnant Women Provision of pre-natal care to low-income expectant mothers. Fred Moore Clothing Low-income households Provision of free clothing. Room Employment As of October 2004 the available workforce for the city of Demon was 63,473. Demon is fortunate to draw workers from the Dallas and Fort Worth areas representing 5.1 million people, as well as north to the southern Oklahoma border. The unemployment rate in Denton during 2004 has ranged from a high of 7% in January to a currem low of 5.1% (October 2004). The following provides information on the major public and private employers in the City of Denton. Page 18 Peterbilt Motors - Headquarters & Plan (Diesel Trucks) 1,800 DeNon Regional Medical CeNer (Hospital) 770 DeNon Community Hospital / Presbyterian Hospital of DeNon-Spring 2005 550 Victor EquipmeN (Welding EquipmeN) 512 Anderson Merchandisers (distribution) 500 Sally Beauty (IN'I HQ of Beauty Supply Distributors) 500 Jostens (Class Ring Manufacturer) 280 Vacation Tour & Travel (Call CeNer) 256 Acme Brick (Brick Manufacturer) 225 United Copper (Copper Wire) 191 Morrison Milling (Flour Grain Mill) 190 Russell Newman Ltd (Sleepwear/Loungewear) 180 CBS Mechanical (Mechanical Contractor) 175 General Telemarketing INernational (Call CeNer) 170 Liberty Christian School (Private School) 170 DeNon Rehabilitation & Nursing CeNer (Retirement/Nursing Home) 160 Tetra Pack (Aseptic Packaging) 160 Wells Fargo (Bank) 151 NuconSteel (Steel Manufacturing) 150 Precision Pattern Inc. (Jet INerior Manufacturing) 150 The ViNage (Retirement/Nursing Home) 150 Senior Care Health and Rehabilitation CeNer (Retirement/Rehabilitation) 140 Mayday Manufacturing (Aerospace Machined Parts) 125 DeNon Good Samaritan Village (Retirement/Nursing Home) 108 Lake Forest Good Samaritan Village (Retirement/Nursing Home) 100 Ben E. Keith Beers (Distribution) 100 University of North Texas 2,850 DeNon IndependeN School District 2,461 Denton State School 1,450 DeNon County 1,409 City of DeNon 1,125 Texas Woman's University 897 FEMA (Regional HQ & Call CeNer) 250 constaN up to 1,000 Data from the Texas Workforce Commission indicates that salary and wage levels coNinue to increase. The following is a chart indicating average wages for specific occupations in DeNon. Page 19 Wage Rates ~ccupation ~vg ~age ~g ~n~ ~g I Pe~HOU~ ] wage [ E~Pe~iene~dwage A~ ~nt~aito ~00~ Computer Programmer 34.71 25.59 43.35 Compmer Suppo~ Specialists 23.61 16.13 29.34 Construction Laborer 10.84 8.23 11.69 Electrician 18.42 14.99 21.79 File Clerk 11.59 9.34 13.36 Graphic Designer 21.84 15.62 25.62 Human Resource Assistant 15.83 12.48 18.46 Licensed Practical Nurse 18.35 15.24 20.98 Machinists 15.67 12.60 18.47 Maimenance & Repair 13.94 10.38 17.13 Market Research Analyst 30.07 19.59 38.76 Medical Transcriptionist 17.72 11.08 24.56 Order Clerk 12.51 9.03 15.15 P~du~ ~rk~ 853 Retail Salesperson 11.21 7.57 12.31 ~i~rk~ ~0 Tool & Die Maker 18.87 14.99 22.84 *Source Workforce Development November 2003 OES Su~ey Highlighted occupations indicate those that could be compared to occupations included in the 2000 Consolidated Plan. Hourly rates in these comparable occupations increased by an average of $6.12. Only two of the comparable rates increased more than $10.00 per hour, those were the accountants and the registered nurses. Less skilled positions did not experience the same level of increase. Page 20 HOUSING NEEDS ASSESSMENT AND STRATEGIES Rental Housin~ The 2000 Census indicates that 12,688 or 71% of the 17,828 remer households in DeNon are low-income. The table below illustrates that 66% of the remer households in DeNon are below 50% of the area median income and are considered very low-income households. These numbers indicate a 6% decrease in the percemage of very low-income remer households in the City of Demon since 1990. Appendix A "Priority Housing Needs Summary Table" on page 58 includes information on housing needs for remers and homeowners. Remer households in need of housing assistance include those that: · Have an income that is less than 80% of the area median income · Pay more than 30% of their income on housing expenses, including utilities · Live in substandard or overcrowded housing LOW-INCOME RENTERS NEEDING HOUSING ASSISTANCE ~eh~id ~xtremel~ 030~ 3150~ S180~ Elderly 369 46% 258 33% 172 22% 799 6.2% Small 960 31% 869 28% 1304 42% 3133 24.4% Large 262 38% 121 17% 309 45% 692 5.4% Other 3565 43% 2098 26% 2534 31% 8197 64.0% Total Renter Households 5156 3346 4319 12821 100.0% % of Income Level 40% 26% 34% 100.0% Source: SOCDS CHAS Data The following statistics from the 2000 Census provide information regarding very low-income renters in Denton. These renters meet one or more of the criteria for "renter households in need of assistance". 2. 3. 4. 59% of Hispanic remer households are in this category. 58% of Black non-Hispanic remer households are in this category. 49% of White non-Hispanic remer households are in this category. 48% of Asian remer households are in this category. Page 21 o 7. 8. 9. There is a high incidence of housing problems and cost burdens among African- American, Hispanic and Asian households. The highest incidence of housing problems and high to severe cost burdens is among large and elderly renter households. 71.4% of large renter households report housing problems. 54.8% of elderly renter households report housing problems. 31% of the elderly renter households in this category have a cost burden, 37% have a severe cost burden. The DeNon Housing Authority coNinues to have a high number of families on the waiting list for Section 8 assistance. The following chart provides information on the DeNon Housing Authority's waiting list. Denton Housing Authority Section 8 Waiting List By Racial/Ethnic Statistics White 48% African-American 37% Hispanic (all races) 12% American indian .6% Asian/Pacific islander 2% The perceNage of low-income reNers in DeNon has dropped 3% from 1990 to 2000. Historically, the high number of college students in Denton has contributed to high occupancy and renal rates. Though renal rates are still unaffordable for many households, the developmeN of several new "family" apartmeN complexes has provided standard, affordable housing for many. Most of the units were developed as Low income Housing Tax Credit projects. The number of LiHTC units in Denton is currently higher than the state average. Rental housing activities in the next five years should focus on maintenance of existing affordable units including lead hazard reduction, developmeN of small mixed-income developmeNs near major public transportation routes, shopping areas, schools, etc., self- sufficiency programs for those on assisted housing programs and homebuyer assistance for reNers that are ready to move to homeownership. Page 22 Owner-Occupied Housing LOW-INCOME HOMEOWNERS NEEDING HOUSING ASSISTANCE ~ ~re~l ~th~ ~ P nt Elderly 350 26% 413 30% 594 44% 1357 38% Small 133 11% 337 28% 754 62% 1224 34% Large 54 14% 103 26% 238 60% 395 11% Other 144 23% 99 16% 380 61% 623 17% Total Households 681 952 1966 3599 100% % of Income Level 19% 26% 55% 100.0% Source: SOCDS CHAS Dina The following statistics from the 2000 Census provide information regarding very low-income homeowners in Denton. · 12% of homeowners are very low-income · 67% of very low-income owners have housing problems · 62% of very low-income owners have a cost burden, 39% have a severe cost burden · 56% of Hispanic owners experience housing problems · 47% of very low-income owners are elderly Compared with remers, homeowners in general have higher incomes and a lower incidence of cost burden. However, more than half of DeMon's very low-income homeowners experience housing problems including a cost burden. Cost burdens make it difficult for very low-income homeowners to maintain their housing units in standard condition. Owner-occupied assistance programs have been developed based on the high percemage of very low-income owners experiencing housing problems. A high percemage of these are elderly households on a fixed income. Hispanic households also make up a disproportionately high percemage. Hispanic households may experience a language-barrier when accessing housing services. Local programs are designed and administered in an attempt to meet the needs of these special groups. Appendix A "Priority Housing Needs Summary Table" on page 58 includes information on housing needs for remers and homeowners. Page 24 Homeownership The U.S. Departmem of Housing and Urban Developmem defines affordable housing as not consuming more than 30% of a family's gross income. The following chart illustrates housing expenses based on three units with varying sales prices. A sales price of $153,900 represems the annual median sales price of houses in DeNon in 2003. The City's currem Homebuyer Assistance Guidelines require that housing units cost no more than $100,000. Units most affordable to DeMon's low and moderate-income households would cost $80,000 or less. Principal & Interest 6.5% 494.28 617.85 950.87 Property Taxes 2.7% 181.13 226.41 348.45 Homeowners Insurance 1% 66.67 83.33 128.25 Mortgage Insurance .5% 33.33 41.67 64.13 Total Housing Expenses* 775.41 969.26 1,491.70 The affordability comparison in the tables below illustrates affordability for low to moderate- income households seeking homes in the price ranges above. Only households with an income of $59,668 or more could purchase a home costing $153,900. A wider range of low and moderate households could afford homes costing $80,000 or less. According to the Real Estate Cemer at Texas A&M University, the number of homes sold below $80,000 from 2000 to 2004 decreased every year in Denton County. This trend was also true for homes that sold under $100,000. The table below illustrates the percemage of total homes sold from 2000 through 2004. 2000 2001 2002 2003 2004 Under $80,000 6.6% 4.4% 4.1% 3.9% 4.5% $80,000 - $100,000 13.2% 10% 7.9% 6.4% 6.2% Source: Real Estate Center at Texas A&M University Units in the $80,000 or less price range are more likely to be older and in poor condition. Low- income households looking for affordable units in the City have indicated that very few units in this price range exist. Page 26 Housing Options for Moderate-Income Households (80% AMI) o~ ~ ~ $80 000 H6~ ~ ~ $i00i000 ~ ~ $i53i900 ~ ~ffO~bi~ ~ ~ffo~dab~ ~ ~ffo~dab~ ($9 30~ ~! ($!7~900 ~hnu~[ ,42,550$12,765 NO ,47,900, 4,370 NO ,s3,200, S,960 NO ,57,450,17,235 NO ,6 ,7oo, 8,s o *65,950* 19,785 $70,200$21,060 Housing Options for Very Low-Income Households (50% AMI) gffo~dab~ $23,300 $6,990 NO NO NO $26,600 $7,980 NO NO NO $29,950 $8,985 NO NO NO $33,250 $9,975 Y~S NO NO $35,900 $10,770 ~S NO NO $38,550 $11,565 ~S NO NO $41,250 $12,375 NO $43,900 $13,170 S S NO From this we can conclude that even fewer low and moderate-income households would find these units affordable. Comparison of income levels to the high cost of housing in Denton indicates a need for production of affordable units and provision of assistance to low-income households seeking homeownership. Middle Income Households 2000 Census information indicates that of the 30,853 total households in Demon, 14,433 had incomes from 81% to 95% of the area median income. The highest percemages of these households experiencing housing problems and cost burdens were in the elderly and large related remer households and large related owner households. A higher percemage of households with incomes below 81% are experiencing housing problems and cost burdens. At this time, there are no strategies designed to assist households at this income level. Page 27 Special Needs Housing The following charts provide information regarding the estimates of need in various populations requiring supportive housing services. Low Income Elderly Needing Housing Assistance P~ ~nt Renter~q 427 50.4% 209 24.7% 211 24.9% 847 25.0% Homeowners 449 17.7% 470 18.5% 770 30.4% 2536 75.0% Total Elderly 876 25.9% 679 20.1% 981 29.0% 3383 100.0% Source: HUD analysis of 2000 Census Data Persons with Disabilities ~e ~~it Sensory Male 50 675 302 Physical Male 46 1,055 549 Mental Male 308 1,082 268 Self-Care Male 15 406 153 Going Outside the home Male N/A 1,165 316 Employment Disability Male N/A 2,564 N/A Sensory Female 64 687 455 Physical Female 17 1,378 1,149 Mental Female 117 1,101 483 Self-Care Female 20 362 445 Going Outside the home Female N/A 1,326 753 Employment Disability Female N/A 2,357 N/A Source: 2000 Census Data for City of Denton, Texas Housing with Supportive Services Needs Elderl/Frail 381 Rental assistance, meals, Fairhaven Retirement Center, Elderly housekeeping, health care, Denton Housing Authority, transpo~ation SPAN, Texas Dept of Human Se~ices Page 29 Housing with Supportive Services Needs AIDS Impacted 74 Rental assistance, childcare, AIDS Services, Denton Households employment/workplace re- Housing Authority, North entry training, budget Central TX Workforce Center counseling, nutrition assistance, other AIDS-related services Households 75-100 Counseling, rental assistance, Denton County MHMR impacted by support groups, transportation, Substance Abuse health care Mentally Ill and 450-500 Financial assistance-shelter, Denton County MHMR, North Cognitively food, clothing. Support TX Central Workforce Center, Disabled trainers, psychiatric care, case DeNon Affordable Housing coordination, supportive Corp., TX Rehabilitation employment Commission, REACH, and ARC of DeNon County Source: Denton-area special needs providers and Texas Department of State Health Services. The 100% Geriatric Services in DeNon County Workgroup is the lead emity for aging services planning process for Denton County, Texas. The Geriatric Services Workgroups meets quarterly for planning, training, education, and information regarding the needs of the elderly in Denton County. The Geriatric Services Workgroup consists of represematives from the City of DeNon including planning, parks and recreation, and community developmem officials as well as represematives from the University of North Texas - Department of Gerontology, Assisted Living Facilities, Adult Day Care, Nursing Home Facilities, Independent Living Facilities, Home Health Care, Medical Alert Devices and Equipment, Human and Transportation Supportive Services, Local Hospitals, and the Area Agency on Aging. The 100% Geriatric Services in Denton County Workgroup indicated some strategies to assist the elderly and frail elderly include: (1) expansion of services (2) coordination of services and (3) increased awareness of existing services to meet the needs of an aging elderly population. In addition, affordable and appropriate housing for the elderly was idemified as a major concern in both the 100% Geriatric Services in DeNon County Workgroup focus group and the Area Agency on Aging sponsored planning initiative. The Geriatric Services Workgroup has designated housing and services to allow the elderly to maimain currem housing as long as practicable as priority needs in the community. Other special needs populations are considered "potentially homeless". Strategies to assist these groups are included in the Continuum of Care strategies. Page 30 Public Housing The Denton Housing Authority does not administer public housing. There are no public housing units in the City of Denton. Homelessness and the Continuum of Care HOMELESS The City of Denton has a homeless population above the national estimate for suburban fringe areas. According to Martha Bun's book: "Helping America's Homeless: Emergency Shelter or Affordable Housing" a suburban/urban fringe area rate ofhomelessness average is 8.6 per 10,000 residents. Using this formula for estimating homelessness for the City of Denton would calculate 78 homeless in 2004 as follows: 91,150 * 8.6/10,000 = 78. A point in time survey conducted by the Denton County Homeless Coalition on March 2, 2004 for both the sheltered and unsheltered homeless found 116 homeless with 32 in emergency shelter, 67 in transitional shelter, and 17 unsheltered. In addition this count identified 91 homeless persons in permanent supportive housing programs and 143 persons at-risk-to become homeless. The City of Denton has almost double the number of persons expected to be homeless in a suburban/urban fringe area. If included in the count, the "homeless" persons in the permanent supportive housing programs would bring the number of homeless in Denton up to 207 at the time of the 2004 point in time survey. This number is over two and half times the estimated number of homeless for a suburban/urban fringe area. See Appendix F on page 74 for a summary of estimated and actual number of homeless persons counted in the City of Denton from 2001 through 2005. House of other In In In Permanent persons/ Motel/hotel due Total Emergency Transitional Supportive economic to lack of Homeless Type Shelter Unsheltered Housing Housing hardship alternate Migrant Counted Total 32 17 67 91 140 2 1 350 Individuals 18 13 1 41 39 2 0 140 Families 14 4 66 50 114 0 1 249 Children < 18 5 4 44 25 83 0 1 162 The strategy for addressing the needs of the homeless and those-at risk to become homeless operate from five basic goals: 1. Prevention - Provide assistance for low-income households to secure and sustain safe, decent affordable housing 2. Outreach - Improve community assessment of needs and services available 3. Emergency Shelter - Meet the emergency shelter and basic health, food, clothing, and personal hygiene needs of the homeless and victims of domestic violence. Page 31 4. Transitional Housing - Meet the transitional housing and supportive service needs of the homeless and victims of domestic violence in preparation for a move to permanent or permanent supportive housing. 5. Permanent Housing - Provide homeless and victims of domestic violence with permanent or permanent supportive housing. The City of DeMon's strategy allows individuals to receive an array of supports towards self- sufficiency. The DeNon County Homeless Coalition and the City of DeNon believe coordinated services in these five areas can move a homeless individual or at-risk person to a long-term stay in permanent housing. CONTINUUM OF CARE STRATEGY Outreach Homelessness Prevention Immediate Needs Transition to Stability Maintaining Stability The Cominuum of Care strategy is designed to address the unmet needs of homeless individuals and families with children by: 1) Supporting homelessness prevemion assistance to over 1000 individuals/families 2) Assisting with the implementation and use of a homeless management information system 3) Participating in strategic plans for discharge policies and long term solutions for the chronic homeless 4) Supporting over 5000 nights of emergency shelter stays 5) Supporting over 400 individual/families through a transitional shelter program 6) Assisting the local Cominuum of Care find additional resources for permanem and permanent supportive housing. CONTINUUM OF CARE PLANNING PROCESS The DeNon County Homeless Coalition (DCHC) is the lead emity for the Cominuum of Care (CoC) planning process for DeNon County, Texas. The DCHC general body meets at least four times a year for training, education, and information regarding homelessness and homeless prevemion. The general body approves any major Cominuum of Care decisions including: Review and approval of goals for the provision of services; Updates to priority services and service populations; Idemification of gaps in services, changes in services offered, and populations served. Page 32 A steering committee acts as the DCHC planning body and meets momhly to organize and conduct the regular business of the coalition including operating and procedural responsibilities. The Denton County Homeless Coalition elects a seven-member steering committee to represent a variety of interests by establishing a specific type of interest representation for each of the seven steering committee member seats. Cominuity in planning and procedures process remains because each steering committee member serves a two-year term with re-election depending on seat number. All steering committee members with odd number seats are elected in odd numbered years, while members with even number seats are elected in even number years. Denton County Homeless Coalition Steering Member Seats (1) Designated HMIS project sponsor; (2) Homeless Provider or Housing Agency or Shelter Represemative; (3) Homeless Provider or Housing Agency or Shelter Represemative; (4) Business Community Represemative or financial institution; (5) Non-profit Community Represemative (support services); (6) At-large Represemative -an individual, elected official, a curremly or formerly homeless individual, law enforcemem, faith-based organization or an additional non-profit agency; (7) At-large Represemative - same description as seat six. ADDRESSING THE CHRONIC HOMELESS The DeNon County Homeless Coalition believes a structured and seamless collaborative system of services and programs can move individuals experiencing chronic homelessness to sustainable permanent supportive housing. This transition to sustainable permanent housing is the key to ending chronic homelessness. The D.C.H.C. point-in-time homeless count taken in March 2004 (Denton County Homeless Coum) idemified nineteen sheltered and no unsheltered chronic homeless. It is likely that there were approximately forty-three chronic homeless that were not counted. These estimates were created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults among the homeless population as chronic homeless, to Denton's estimated number of homeless. At this time DCHC is moving from a coalition philosophy to a community strategy to end chronic homelessness. Since the coalition had difficulty finding examples often-year plans for communities with similar demographics, the steering committee decided to take a three-step planning approach to building a community strategy to end chronic homelessness. The first step was a small committee conducting research on strategies, stakeholders, goals, and activities to promote appropriate services for the community and chronic homelessness. In the fall of 2004, the small group completed their research and provided possible community directions for review by the steering committee. The Steering Committee used the information to move to the Step Two of the three step planning approach. Page 33 The second step is the identified community stakeholders and possible actions necessary to end chronic homelessness. Upon review of other successful planning processes to end chronic homelessness, the steering committee decided to approach local elected officials to sponsor and convene the community planning process. The DCHC is in the process of completing this step of the three step planning approach. The third step is to convene a large community meeting for all identified stakeholders to review, modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC expects the community plan to end-chronic homelessness will build from current programs and services available. The Denton County Homeless Coalition has identified several obstacles to ending chronic homelessness including lack of major substance abuse services, healthcare services, and transportation. These items present significant barriers in moving the chronic homeless from experiencing homelessness to maintaining a stable environment. DISCHARGE PLANNING The Steering Committee inquiry in to current discharge policies of local institutions raised awareness regarding the lack of policies, policies of theory and not practice, and existing agreements or practices for discharge. Steering Committee research discovered: The nearest mental health institution places the responsibility of discharge on clients place of origin mental health center, The state's foster care program uses a legal statute as a discharge plan and no children should age out of foster care to the street, Local hospitals developed relationships with local non-profits for clients to be discharged with prescription assistance and to available service; A church reported a local police department dropped off a homeless man in the field behind the church. Since the current discharge policies are widespread and vary, the DCHC steering community felt that a community plan would be the best way to start the discussion of a unified discharge polices. The steering committee decided to include discharge planning as a component of the ten-year plan to increase visibility and support for a community approach to coordinated discharge practices. Page 34 City of Denton Continuum of Care Housing Gaps Analysis Chart Current Under Unmet Need/ Inventory in Development in Gap 2004 2004 Individuals Emergency Shelter 25 0 39 Beds Transitional Housing 0 0 26 Permanent Supportive Housing 38 0 33 Total 63 0 98 Persons in Families With Children Emergency Shelter 40 0 59 Beds Transitional Housing 92 0 64 Permanent Supportive Housing 8 0 28 Total 136 0 151 Continuum of Care Homeless Population and Subpopulations Chart 2004 Sheltered Un- Emergency Transitional sheltered Total Part 1: Homeless Population (n) (n) ~ 1. Homeless Individuals i8 ~3 32 2. Homeless Families with Children 3 23 28 2a. Persons in Homeless with Children Families !4 66 84 Total (lines 1 + 2a) 32 67 17 116 Part 2: Homeless Subpopulations Sheltered Un-sheltered Total 1. Chronically Homeless 0 1 2. Severely Mentally III 5 3. Chronic Substance Abuse 2 0 2 4. Veterans 2 0 2 5. Persons with HIV/AIDS 0 0 5. Victims of Domestic Violence 0 14 7. Youth (Under 18 years of age) 0 0 0 Page 35 Lead-Based Paint Hazards In DeNon, it is estimated that there are 9,714 existing housing units built from 1960 through 1977, 3,865 units built from 1940 through 1959 and 1,290 units built before 1940. Of those units it is estimated that 3,904 could present significant LBP hazards and at least 50 percent, or 1,952 units with significant lead-based paint hazards are occupied by renter and owner target households (incomes below 81 percent of the area median income adjusted for family size). Lead-based paint hazard is defined as any condition that causes exposure to lead from lead- contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. Number of Occupied Housing Units - By Year Built U~it~ Post 1979 8,285 6,255 14,540 1979 (SF and MF Units Built per Bldg Inspections) 809 190 999 1978 (SF and MF Units Built per Bldg Inspections) 199 293 492 1960-1977 (moderate LBP Hazards) 6,028 3,686 9,714 1940-1959 (Significant LBP Hazards) 2,036 1,829 3,865 Pre 1940 (greatest LBH Hazards) 656 634 1,290 Total Units 17,357 12,253 29,610 Source: 2000 Census Sample Data QT-H7.Year Structure Built, Denton city, Texas; City of Denton Building Permit Data for 1978 and 1979 The lead-based pain strategy ensures the preservation of affordable housing through inspections, testing, rehabilitation and lead hazard reduction activities to sustain safe, livable housing. The lead- based pain strategy was developed after consultation with several local service providers including the Denton County Health Department, Denton Affordable Housing Corporation and the Denton Housing Authority. In addition, letters regarding the Demon's lead strategy, staff capabilities and regulating information regarding disclosure and inspections have been sen to local physicians and rental property owners/managers. These entities have been encouraged to actively participate in a comprehensive lead-based pain hazard reduction effort aimed at meeting the 2010 goal to end childhood lead poisoning in the Demon community. Both minor and major rehabilitation, reconstruction and down paymeN and closing cost assistance activities are available through HUD-funded programs in Denton for owner and renter-occupied properties. All projects assisted through the City of Denton Community Development Division will comply with the HUD Lead Safe Housing Rule, 24 CFR 35, subparts B through R and the State of Texas §295.201-220 Texas Environmental Lead Reduction Rules for units built before 1978. The City of Denton has two staff persons who are state certified lead risk assessors and one is a certified lead abatement project designer. The City owns an X-Ray Fluorescent (XRF) lead analyzer and utilizes a certified lab for soil and dust sample testing. Page 39 In the next five years it is estimated that 42 units will be ideNified as safe from lead-based pain hazards as follows: four (4)ReNal Rehabilitation projects, 15 first time homebuyers, 13 owner- occupied rehabilitation/reconstructions and 10 owner-occupied minor repairs. These projects may include lead-based pain abatemeN and hazard reduction as well as first time homebuyer properties built before 1978 that pass visual pain inspection. All pre-1978 built properties known or presumed to have lead-based pain where project disturbs pain must comply with Federal and State regulations regarding lead-based pain and pass clearance testing at project completion. The City maiNains a database on the lead-based pain status of all pre-1978 built properties that have been assisted with federal CDBG and HOME graN funds. In addition to lead hazard reduction activities, staff spends approximately two to three hours a week doing community outreach and education regarding the dangers of lead pain in housing. Page 40 NONHOUSING COMMUNITY DEVELOPMENT STRATEGY Human Services Denton has a very effective human service delivery system. Local organizations work cooperatively to achieve established goals for the community. The City of DeNon recemly collaborated with United Way of Denton County to complete a community assessment. The assessmem idemified community use of services and needs from a variety of perspectives to assist both organizations in targeting of scarce human service dollars. Human services activities in DeNon are influenced by the city council-appoimed Human Services Advisory Committee. The purpose of the HSAC is as follows: · To encourage interaction between community groups to bring about improvements in the human services delivery system; · To provide a forum that promotes better communication and coordination among human services organization; · To work closely with other funding organizations to coordinate funding efforts within the City; · To encourage in-depth evaluation of the effectiveness of the human service delivery system; and · To recommend action for implememation that would improve human services in the City of Denton. Due to the efforts of HSAC the City of DeNon curremly supports a variety of services with CDBG and City of DeNon general funds including: · Advocacy services for abused children · After school care and activities for at-risk youth · Domestic violence prevention · Elderly meals services, housekeeping and volumeer support services · Emergency food and utility assistance · Health Care · Homeless services · Infam, toddler and preschool childcare · Homeless Management Information System · Services for persons with memal and physical disabilities · Summer playground programs targeted to at-risk youth · Transitional housing The human services strategies idemify priority services and goals for the five-year period. Page 42 :::::::::::::::::::::::::::::::::::::: Public Infrastructure and Public Services Facility Improvements Goals for infrastructure and facility improvements continue to be as follows: · Correction of deficiencies affecting the health and safety of neighborhood residents; · Improvement of accessibility for persons with disabilities; · Improvement of human services facilities; · Extension of infrastructure for affordable housing activities; and · Extension of infrastructure for economic development activities. The Community Development Advisory Committee makes decisions regarding funding priorities and City Council based on several factors: · Recent public input (including citizen surveys) regarding infrastructure and facility needs; · Project provides a substantial benefit to low and moderate-income persons; · Project would not be carried out in a timely manner without the use of CDBG funds; · There is a reasonable cost per household benefit; and · CDBG funds leverage funding from other resources. Residents have also indicated that demolition of substandard housing continues to be a major concern. The City will continue to demolish substandard buildings to improve the appearance and safety of neighborhoods. This will reduce the number of condemned, vacant, substandard structures, and clear lots of trash and debris. Page 45 Anti-Poverty Programs and Economic Development According to the 2000 Census, DeNon had twice the number of families living below the poverty threshold compared to other communities in DeNon County. Though this is a lower percemage than in 1990, it indicates an obvious need to provide programs designed to support higher paying employmem and support services for lower-income residems. The DeNon County Homeless Coalition has developed a strategy that includes collaborative efforts to prevent homelessness. The strategies support planning for self-sufficiency and include transitional housing, budget and job counseling. The City's CDBG-funded Microemerprise Loan Program as a componem of the larger economic developmem strategy provides funds for businesses with fewer than five employees (including the owner) to start or expand their small business. Denton's current economic strategy is designed to bring higher paying employmem positions into the area. Medical services, including the completion of the new DeNon Presbyterian Hospital, will be a focus for the next several years. Community Developmem will cominue to participate in small business informational fairs that provide information to those who currently own or would like to start a new small business and need information on legal issues, taxes, small business loans and how to develop a business and marketing plan. Page 47 BARRIERS TO AFFORDABLE HOUSING The Denton Plan, 1999 - 2020 Comprehensive Plan of the City of Denton The following statemems included in the Denton Plan support the developmem and maimenance of affordable housing opportunity including special needs housing: "Residemial developmem that establishes a variety of lot sizes, dwelling types and housing prices should be encouraged." "DeNon will cominue to encourage a range of housing types and densities in order to respond to the needs and desires of its' residems." "The plan encourages infill developmem, restoration and redevelopmem within the existing cemer city and surrounding the universities." "Housing should be allowed within all land-use districts except for industrial districts." "The plan recommends that that existing neighborhoods within the city be vigorously protected and preserved." "Residemial uses will occur within the dowmown university core, community mixed use cemers, regional mixed use center, and employment centers." "Accommodate 27,000 single-family homes and 18,000 multifamily units by the year 2020 to bring the ratio of single to multifamily housing from 51:49 in 1998 to 58:42 in 2020." "Accommodate multifamily residemial developmem in a variety of forms." "Multifamily uses should be located in small groupings around the City in a manner that provides a mix of uses and densities rather than concemrating all multifamily uses in one area which can have negative impacts upon the city." The following Housing Policies are incorporated imo the plan: · Alternative types of housing that respond to the differing economic and individual life-styles of Demon's citizens should be developed in all areas of the city to achieve balance and diversity; · Homes that vary in lot size, building size, and cost may be permitted in new developmem; · Existing housing stock, particularly for affordable housing, should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced; · Incentives should be investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans; Page 49 · Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives; · City review and inspection fees should be reviewed to determine if changes could be made to ease affordable home construction costs. Such a program should be undertaken only if benefits are passed on to low and moderate-income homebuyers; · The need to provide enough land to meet housing demand should be balanced by the desire to maimain unique urban patterns, character and neighborhoods of the city; · The range of housing types available for the specialized needs of the elderly, disabled, low- income, studems, single-person, or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods; · Areas where higher housing densities are allowed should be supported only after the availability of employmem, commercial services, schools, public utilities and facilities, and transit, pedestrian, and bicycle systems has been addressed. Residemial land use goals and strategies increase housing opportunities in the core area of the city, allow urban-style (townhomes, duplexes, single-family detached) in mixed-use districts and seek to preserve existing single-family housing stock within the city. One of the key land use principles affecting affordable housing states that "DeNon is a city for all types of people and all types of uses." "To accommodate all types of people, a city must allow all types of housing." Zoning Standards In February 2002, the City of DeNon adopted the DeNon Developmem Code, a documem that unifies elements of zoning, subdivision regulation, environmental protection, site design standards, and other development regulations. The code is one of several implementation tools used to achieve land use and housing goals and strategies put forth in The Denton Plan. The zoning regulations comain nineteen districts with a variety of use categories within each district. The regulations move away from minimum lot size zoning districts to maximum housing density per district allowing a flexibility of design to attract a wider market in housing product. The districts are based on the concept of neighborhoods that combine a mix of residemial densities and housing types. Mixed-use structures are encouraged in many of the districts allowing the developmem of retail or office on lower floors with multi-family residemial above. The concepts behind the zoning districts strive to encourage a diversity of population and income levels, accessibility to employmem, recreation, school and community uses, and connection to public transit. The mixed-use nature of these districts requires specific site development and design criteria, imer-subdivision consistency, vehicular accessibility, and walkability linking neighborhoods together. Tax Rates The following table provides a comparison of DeMon's 2003-2004 tax rate to the rates of 33 other Dallas-Ft. Worth area cities. DeMon's tax rate of .54815 for the city and 2.65932 combined city/county/school district cominues to be competitive with municipalities located in the Dallas/Fort Worth metroplex. Page 50 2003-2004 PROPERTY TAX RATES (by municipal tax rate) ~i~ jan! 2003 p~pe~ C~fifi~d ~abl~ ~a~ble Val~ Populafio~ Ta~ Rate Values P~ capita Fort Worth 577,544 0.86500 $24,930,849,084 $43,167 Duncanville 36,300 0.71800 $1,568,548,288 $43,211 Dallas 1,257,907 0.69980 $65,951,027,011 $52,429 Lancaster 28,700 0.67170 $1,124,612,533 $39,185 Grand Prairie 170,555 0.66998 $6,716,102,006 $39,378 De Soto 41,100 0.65879 $2,299,488,509 $55,949 Crowley 8,350 0.65740 $338,149,351 $40,497 Coppell 39,292 0.64860 $3,685,595,875 $93,800 Arlington 352,450 0.64800 $4,776,690,195 $41,926 Cedar Hill 38,055 0.64140 $2,026,825,421 $53,260 Garland 222,447 0.64110 $9,234,966,612 $41,515 Rowlett 56,625 0.64000 $2,686,223,792 $47,439 Carrollton 163,571 0.59930 $8,139,613,187 $49,762 McKinney 73,550 0.59800 $5,571,651,128 $75,753 North Richland Hills 59,800 0.57000 $2,975,629,172 $49,760 Allen 56,750 0.56100 $4,432,99,647 $78,115 Corinth 15,800 0.54975 $1,134,942,610 $71,832 Mesquite 129,650 0.54148 $5,614,971,705 $43,309 Irving 197,850 0.53280 $13,766,259,462 $69,579 Hurst 36,750 0.49900 $1,874,364,645 $51,003 Euless 49,750 0.49500 $2,069,693,324 $41,602 Richardson 119,751 0.47785 $8,458,454,017 $70,634 Southlake 24,630 0.46200 $3,537,817,808 $143,639 Farmers Branch 28,000 0.46000 $3,558,212,393 $127,079 Plano 241,538 0.45350 $20,398,670,327 $84,453 Lewisville 84,117 0.45050 $5,034,162,041 $59,847 Flower Mound 57,700 0.44970 $4,880,173,018 $84,578 Frisco 68,618 0.43200 $7,528,041,968 $109,709 Addison 14,750 0.42280 $2,890,562,686 $195,970 Grapevine 43,600 0.36600 $4,880,107,595 $111,929 Rockwall 22,850 0.36000 $1,998,462,449 $87,460 Colleyville 20,150 0.34740 $2,477,061,826 $122,931 University Park 23,300 0.32601 $3,769,405,331 $161,777 Source: 2003-2004 Certified Values from Dallas, Denton, Collin and Tarrant County Central Appraisal Districts Population Source: North Central Texas Council of Governments, January 1, 2003 population estimates. Page 51 Building Code Requirements The City of Demon building code requiremems are reviewed on a regular basis by city staff and the Construction Advisory and Appeals Board. The Construction Advisory and Appeals Board is a council-appoimed citizen committee. Members are generally from the developmem community and are careful to ensure that adopted codes do not discourage development activities. Currem building code requiremems include: · 2000 International Building Code · 2000 International Residential Code · 2000 International Fuel Gas Code · 2000 International Energy Conservation Code · 2000 International Mechanical Code · 2000 International Plumbing Code · 2000 International Fire Code · 1999 National Electrical Code Appendix E on page 66 is a Permit and Inspection Fee Schedule. These fees have been compared to those of other cities in the area and do not appear to be excessive. Impact Fees In 1998 the City of Demon passed ordinances setting up two impact fee programs. The park dedication ordinance requires a paymem in lieu of land of $291 per single-family units and $189 per multifamily unit. Water impact fees have been set at $3,155 to the year 2013. Wastewater impact fees are curremly (2005) set at $1,437. Wastewater fees will increase to $1,893 in 2006 and $2,614 in 2008. An impact fee gram program was set up in 1998. The program provided $100,000 in City of Demon general funds to pay impact fees for affordable housing units constructed by local nonprofit organizations. The impact fee grant program has continued through the 2004-'05 year at a reduced level of funding. Conclusion Though there appear to be no overt barriers to affordable housing, regular reviews of taxes, fees, building codes and zoning regulations is necessary to ensure that unamicipated barriers do not develop. City staff cominues to work with local affordable housing advocates to ensure that their concerns regarding affordable housing opportunities and barriers are addressed. Page 52 INSTITUTIONAL STRUCTURE Institutional Structure Since the first CDBG gram was allocated to the City of Demon in 1984, City staff has worked to develop a comprehensive approach to increasing the availability of services and housing to Denton's low to moderate-income households. Several years ago, Denton participated in a HUD-sponsored program, "Public-Private Partnerships for Affordable Housing." Under the program, the National Developmem Council provided technical assistance to help the City of Denton expand current housing initiatives. Through the efforts of the Community Development staff, the City's Low-Moderate Income Housing Task Force and the National Developmem Council, a new emphasis was placed on the creation of partnerships with other housing non- profits, local lenders, realtors and social service providers. Since that time, several new organizations such as the Demon Affordable Housing Corporation, Habitat for Humanity, Owsley Community School and others have been formed or have increased their efforts to support the expansion of services and affordable housing programs. Efforts have been very successful. Demon has a strong network of housing and social service organizations that form partnerships when specific needs arise that no single agency can meet. They cooperate to coordinate services on a regular basis. Since 1984, the weaknesses in the institutional structure have been ameliorated largely due to these partnerships The organizations curremly involved in the delivery of affordable housing and supportive services are described in the chart below. City of Demon Public The City of Demon administers the Community Developmem Block Gram and HOME programs. Programs administered by the City include homebuyer assistance, owner-occupied home improvement loans, emergency repair and rental rehabilitation. The Community Developmem Division acts as the coordinating body for the City's housing programs, the Demon County Homeless Coalition and various social service initiatives. Community Developmem staff work with the Council- appoimed Community Developmem Advisory Committee to determine effective use of housing and public improvemem dollars. Denton Housing Public DHA administers the Section 8 program for Denton County. Authority They also manage elderly and general housing units that are owned through non-profit subsidiaries. DHA is working to support self-sufficiency programming for their Section 8 households. DHA is also working to provide additional low- income housing in the community. There are no public housing units in Denton. Page 54 Denton County Public DCHFC is a product of a cooperative relationship between the Housing Finance City and Denton County. The not-for-profit corporation raises Corp funds for low imerest homebuyer loans and down paymem assistance available throughout Denton County. Denton County Quasi- Denton County MHMR provides housing and supportive Memal Health/ Public services for persons in the community with special needs. Mental MHMR. Retardation HOPE, Inc. Nonprofit HOPE, Inc. provides transitional housing services to those at risk of becoming homeless. HOPE has administered funding from FEMA, the Emergency Shelter Gram program, City of Demon general fund, CDBG funds and other public and private funding sources to assist households. HOPE, Inc. will be implememing an HMIS function during the five-yr period. Denton Nonprofit DAHC is CHDO certified by the State of Texas and City of Affordable Demon. DAHC administers several programs that provide Housing owner-occupied, remal and special needs housing to residems Corporation of both Demon county and city. They receive funding from several differem sources including City of Demon HOME, DCHFC, Federal Home Loan Bank of Dallas, Texas Housing Trust Funds, Section 811 program and other state and local funding. Habitat for Nonprofit Habitat for Humanity of Demon County has recemly expanded Humanity to serve the entire county. Habitat has been instrumental in bringing additional resources to meet housing needs in Denton. Habitat has received support through City of Denton Impact Fee Gram and HOME funding. Salvation Army Nonprofit Provides emergency shelter to individuals and families using several funding sources including City of Demon funding. AIDS Services Nonprofit Provides housing assistance to households impacted by of North Texas HIV/AIDS. Lending Private Lenders provide financial and cliem support for homebuyer Institutions assistance programs. Local lenders have also provided private support for activities carried out by the Denton Affordable Housing Corporation and the Denton Housing Authority. Most recemly, lenders have agreed to sponsor home ownership classes for low-income households. Realtors Private Local realtors have assisted in the implementation of the homebuyer assistance program. Page 55 Builders, Private Local housing professionals in the building industry participate Developers and in renovation programs administered by both the City and Contractors DAHC. They participate in discussions concerning affordable housing policies and how to make them work. University of Educational Conducted 1997 community needs assessmem. Assists with North Texas Institution homeless count. UNT has administered two Community Omreach Partnership Grants that have included providing supportive and planning services to the Denton Housing Authority. UNT supports and is educating the community regarding "Green Building." Texas Woman's Educational Conducted 1999-2000 community resources assessmem with a University Institution focus on housing issues. Routinely assists with homeless count involving studems in the process. Denton Housing Authority The City of DeNon and the DeNon Housing Authority have an informal working relationship. Any efforts to collaborate are based on need and opportunity and the willingness of both organizations. DHA and the City of Denton attempt to work together on issues of mutual concern. The community development administrator acts as the Mayor's liaison to the Denton Housing Authority and also participates on the Self Sufficiency Program advisory committee. The mayor of the City of DeNon is responsible for appoiming the DeNon Housing Authority Board of Directors. The DHA Board of Directors is responsible for hiring a chief execmive officer. The CEO makes all other hiring decisions. Policies and decisions regarding comracting and procuremem are also the responsibility of the DHA Board and staff. All proposed developmems by the DeNon Housing Authority must comply with City land use regulations including the recemly adopted DeNon Plan and locally-adopted building codes. Proposed DHA developmems go through the same process as private industry developmems. Demolition permits are required. There are no public housing developmems in the City of DeNon. Community developmem staff reviews DHA's comprehensive plan for consistency with the Consolidated Plan for Housing and Community Developmem. A recommendation is forwarded to the city manager regarding approval of the documem. Page 56 Gaps Assessment Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Housing organizations often compete for resources when coordination and partnership efforts would be more effective. Action to overcome gap: Continue to encourage participation in the Denton Housing Coalition and attempt to expand participation to support the North Texas Housing Coalition. Work with agencies and continue to support partnership effbrts. 2. Need for more effective coordination between emergency assistance agencies. Action to overcome gap: Administer Supportive Housing Program funding awarded to develop HMIS. Work with HOPE, Inc. to expand network of organizations participating in HMIS. o Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Contractor training along with additional funding targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program. Action to overcome gap: Request additional funding where available to train contractors and pay increased costs. Work with training organizations to promote training opportunities to local contractors and employees. 4. Lack of shelter facilities for families and youth. Action to overcome gap: Support work of Denton County Homeless Coalition in targeting priority services and facilities needed in the area. Assist in grant writing and other forms of fund raising. Administer homeless grant funds when appropriate and support is needed. 5. Need for service coordination and referral services that go beyond activities of HMIS, including application intake, referral and coordinated case management. Action to overcome gap: Research potential sources for provision of coordinated case management services. Support development of service if it is determined to be feasible. 6. Lack of coordination ofhomebuyer/homeowner educational services needed to provide a higher level of information. Action to overcome gap: Investigate a partnership with the Denton Housing Coalition, Denton Affbrdable Housing Corporation and/or the State of Texas to develop a more comprehensive educational program. Page 57 APPENDIX A Priority Housing Needs Summary Table PRIORITY Priority Need HOUSING NEEDS Level Unmet Goals (households) Hish, Medium, Low Need H 835 25 0-30% Small Related H 654 20 31-50% M 424 4 51-80% H 258 8 0-30% Large Related M 117 1 31-50% M 250 3 51-80% Renter M 274 3 0-30% Elderly M 199 2 31-50% L 102 0 51-80% H 2,895 87 0-30% All Other H 1,842 55 31-50% H 849 25 51-80% H 551 17 0-30% Owner H 542 16 31-50% H 956 27 51-80% Total Goals 293 Total 215 Goals 293 Page 58 COMMUNITY DEVELOPMENT NEEDS PRIORITY COMMUNITY DEVELOPMENT Priority Need Estimated $'s NEEDS Level to Address High, Medium, Low, No Such Need PUBLIC FACILITY NEEDS Senior Centers Youth Centers Handicapped Centers Child Care Centers High $1,000,000 Parks and Recreation Facilities Medium $5,000,000 Health Facilities Neighborhood Facilities/Community Centers Facilities for Abused & Neglected Children Medium $250,000 INFRASTRUCTURE IMPROVEMENTS Flood Prevention and/or Drainage Improvements High $500,000 Water/Wastewater System Improvements Medium $250,000 Street Improvements High $1,000,000 Sewer Improvements Medium $250,000 Sidewalks High $300,000 Fire Stations/Equipment Solid Waste Disposal Medium $150,000 Water Services Improvements PUBLIC SERVICE NEEDS Services for Persons with Disabilities Medium $250,000 Transportation Services Medium $250,000 Substance Abuse Services High $250,000 Employment Training Health Services High $1,000,000 Other Public Service Needs Medium $250,000 Page 59 ECONOMIC DEVELOPMENT Job Creation Medium $500,000 Capital Improvement Infrastructure Development Medium $3,000,000 Business Support Services/Technical Assistance High $300,000 Commercial/Industrial Rehabilitation Land Acquisition for Commercial/Industrial Dev Medium $1,000,000 Non-residential Historic Preservation Direct Financial Assr to For-Profit Businesses Micro-Enterprise Assistance Low $75,000 Clean-up of Contaminated Sites High $1,000,000 HOUSING NEEDS Single-Family Residential Rehabilitation High $5,000,000 Improvements for Handicapped Accessibility High $500,000 Residential Property Maintenance/Code Enforcement Medium $100,000 Home Ownership Assistance High $2,500,000 Rental Housing Subsidies High $10,000,000 Homeless/Transitional Housing High $2,500,000 Asbestos Removal Low $250,000 Lead-Based Paint Testing and Abatement Medium $500,000 Residential Historic Preservation Medium $500,000 Multi-Family Unit Rehabilitation High $5,000,000 TOTAL ESTIMATED DOLLARS NEEDED: $43,425,000 Page 60 APPENDIX B CITY OF DENTON COMMUNITY DEVELOPMENT PROGRAM CITIZEN PARTICIPATION PLAN Process To encourage participation from all citizens in the community developmem decision-making process, all activities and opportunities for commem will be published in the DeNon Record- Chronicle. Advisory board meeting notices will be posted at least 72 hours in advance. Service agencies, churches and neighborhood associations will be directly informed of these opportunities, often through an article or announcemem in the Community Developmem Update newsletter that is disbursed to approximately 1500 residents and employees. The newsletter is also available to all residents on the City's website. Low and moderate-income households are targeted through the circulation of the newsletter to past cliems and those on waiting list, churches and neighborhood organizations in low and moderate-income neighborhoods. Whenever possible and at least once annually hold public hearings within a low to moderate-income neighborhood. On many occasions staff has canvasses low-income neighborhoods providing information regarding public hearings, program information, etc., to all residems within the neighborhood. Also, the DeNon Housing Authority and other local service agencies are requested to post flyers that encourage participation. The following steps will be taken to encourage participation by minorities, non-English-speaking persons and persons with disabilities. When funding permits, include advertisemems in any additional publications, radio and television stations that target a specific group of citizens, some of who may reside in low- income areas. Advertise Consolidated Plan activities and programs in both Spanish and English. If another significant language minority exists, staff will attempt to translate advertisements to include the language. Provide imerpreters at public meetings when needed. 3. Hold all public meetings in buildings accessible to persons with disabilities. Make program information available in locations accessible to persons with disabilities. 4. Provide a sign language interpreter if requested. The following steps will be taken to obtain commems on the Citizen Participation Plan. 1. The Citizen Participation Plan will be available for review during a published commem period. The period will not be less than 15 calendar days. Page 61 A summary of the plan will be published in advertising form in a newspaper of general circulation. The summary will include a list of locations where the plan will be available for review. 3. Locations may include city hall, public libraries, recreation centers, other City offices and churches. Copies of the plan will be accessible to those in low-income neighborhoods. 4. Upon requested, the Citizen Participation Plan will be in a format accessible to persons with disabilities. 5. All published notices will direct comments to the Community Development Office. Amendments to the Citizen Participation Plan will be published in a newspaper of general circulation. The notice will identify a comment period of not less than 15 days. Comments will be directed to the Community Development Division. At least two public hearings will be held to provide information at different stages of the development. Notifications will be run in advertising form in a newspaper of general circulation. Hearings will be held in various locations throughout the City. All public hearings will be held in census tracts where at least 51% of residents are low and moderate income. All locations will be accessible to persons with disabilities. At least one public hearing annually will be held in a neighborhood that is predominantly minority. Consolidated Plan information is made available to citizens before final approval of the Plan. Information includes the amount of assistance expected to be available and a list of the activities proposed to be included in the Consolidated Plan for the coming fiscal year. The Consolidated Plan will be made available to the public for review and comment. Methods to disseminate the proposed Consolidated Plan will include: A summary of the Consolidated Plan will be published in advertising form in a newspaper of general circulation. Additional notices of the Plan's availability will be advertised on the local cable television network and local radio broadcasting stations. The summary and additional notices will include information on the thirty-day comment period including dates of the comment period, plan locations and where to direct comments and questions. Locations where the Consolidated Plan will be made available for citizen review may include: city hall, local libraries, recreation centers, churches and other public facilities. All locations will be in areas where at least 51% of the residents are low to moderate income. There will be at least three locations available for plan review. The Consolidated Plan will also be available for review on a citizen computer disk. 4. All comments will be considered and a summary of comments will be included in the Plan and reasons for non-acceptance. Page 62 Any substamial change to the activities described in the Consolidated Plan will require a formal amendmem approved by City Council. Substamial changes include the following: 1. Any transfer of funds over 10% of the total gram allocation for the fiscal year in which the activity was funded. 2. Cancellation of a planned activity. 3. Addition of a new activity not previously proposed for public review. 4. Change in the primary purpose or scope of an activity, such as a change in imended beneficiaries or organizational support. 5. Any increase or decrease in a proposed allocation (HUD graM) that is over 1% of the total allocation for the fiscal year. Amendmems will be published in a newspaper of general circulation at least 30 days before a request for city council approval. All commems received will be provided to city council. Technical assistance will be provided to all persons who wish to develop a proposal for Community Developmem Block Gram and/or HOME funds. Any proposal requiring technical assistance from other departmems will be forwarded to that departmem by Community Development staff. Proponents of the proposal will also be given a key contact within the departmem as liaison on the request. A proposal will be developed and submitted to either the Community Developmem Advisory Committee or the Human Services Advisory Committee for review and recommendations. Any citizen or group who wishes to file a complain concerning any aspect of the Community Development program may contact the Community Development Division. Complaints may be in writing or made verbally to any member of the Community Developmem staff. Staff may request that verbal comments be repeated for clarification. Responses to each complaint will be determined within 15 days of receipt of the complaiN. Page 63 APPENDIX C RENTAL REHABILITATION TARGET AREA MAP [Denton, Texas[ iRCULE! Page 64 APPENDIX D HOUSING REHABILITATION TARGET MAP Denton, TexasI Page 65 APPENDIX E CITY OF DENTON PERMIT AND FEE SCHEDULE AS OF SEPT. 2003 Table Table Table Table Table Table Table Table Table Table Table 1 - Permit Fees for 1 & 2 Family Dwellings Table 2 - Permit Fees for Multi-Family Dwellings Table 3 - New Commercial Building Permit Fees Table 4 - Electrical Permit Fees Table 5 - Mechanical Permit Fees Table 6 - Plumbing Permit Fees Table 7 - Miscellaneous Fees Table 8 - Additions/Alterations/Fire Damage Table 9 - Sign Permit Fees 10 - Consumer Health Permit Fees 11 - Engineering Inspection & Parking Lot Fees 12 - Water Tap & Meter Fees 13 - Water Tap Fees 14 - Wastewater Tap Fees 15 - Water/Wastewater Impact Fees 2003-2013 16 - Water Impact Fees 2003-2013 17 - Wastewater Impact Fees 2003-2006 18 - Wastewater Impact Fees 2006-2008 19 - Wastewater Impact Fees 2008-2013 Type Permit Fee Revenue Code 1. Permit Fee $450.00 4116 PB 2. Plan Review Fee $60.00 4474 PV 3. Temporary Power Pole $15.00 5068 MU $35.00 $20.00 4. Temporary Utilities Fee 5. Fence Permit 4138 PM 4128 PF 2. Plan Review Fee Total Valuation* 1. $1to $100,000.00 2. $100,000.01to $500,000.00 3. $500,000.01to $1,000,000.00 4. $1,000,000.01 and up Fee $411.00 for the first $50,000.00 plus $3.00 for each additional $1000.00 or fraction thereof $561.00 for the first $100,000.00 plus $2.00 for each additional $1000.00 or fraction thereof $1361.00forthe first $500,000.00 plus $5.00foreach additional $1,000.00 or kactionthereo[ to and including $1,000,000.00 $5141.00 for the first $1,000,000.00 plus $3.25 for each additional $1,000.00 or fraction thereof Revenue Code 4116 PB 4116 PB 4116 PB 4116 PB Page 66 5. Reserved Reserved 6. Reserved Reserved 7. Reserved Reserved 8. Reserved Reserved *Building Valuation Data shall be based on the most current Building Standards Magazine, year-end issue as published by the International Conference of Building Officials. 9. Inspections outside of normal business hours 10. Plan Review Fee 11. For the use of outside consultants for plan checking and inspections or both $40.00 per hour/Min. 2 hours (Min. Fee $80.00) 50% of the Building Permit Fee (Min. fee $60.00) Actual Cost 4116 PB 4474 PV 4474 PV Type HP Permit Fee Revenue Code 1. Minimum Fee $35.00 4424 PE 2. Outlets < 100 $0.20 4424 PE (each) 3. Outlets >100 $0.15 4424 PE (each) 4. Service Per Amp $0.06 4424 PE 5. Heater $2.00 4424 PE 6. Dishwasher $2.00 4424 PE 7. Dryer $2.00 4424 PE 8. Disposal $2.00 4424 PE 9. Motors 0-5 hp $3.75 4424 PE 10. Motors 5-10 hp $6.00 4424 PE 11. Motors >50 hp $20.00 4424 PE ~abl~ 5 M~hanieal ~e~i~ ~ee~ Type Permit Fee Revenue Code 1. Minimum Fee $35.00 4130 ME 2. Heating Units <100,000BTU (each) $9.00 4130 ME 3. Heating Units > 100,000BTU (each) $11.00 4130 ME 4. Heating Units Suspended $9.00 4130 ME Central Air AC Units (each) 5. <500,000BTU/41.6 Tons $16.50 4130 ME 6. <l,750,000BTU/145.8 Tons $33.50 4130 ME 7. >l,750,000BTU/145.8 Tons $56.00 4130 ME 8. Exhaust Fans $4.50 4130 ME 9. Appliance Vent $4.50 4130 ME 10. Vent/Grease Hood $6.50 4130 ME Page 67 Air Handlers (each) 11. <10,000 CFM $6.50 4130 ME 12. >10,000 CFM $11.00 4130 ME BTU rating shall be based upon the input rating of the unit. Table Type Permit Fee Revenue Code 1. Minimum Fee $35.00 4426 PP 2. Per Fixture/Boiler $7.00 4426 PP 3. Lawn Sprinkler System $35.00 4426 PP ~able~ M i g~ el l aneoug F egg Type Permit Fee Revenue Code 1. Curb Cut Permit $51.00 4120 EX 2. Fence Permit $20.00 4128 PF 3. Temporary Gas/Electric $35.00 4138 PM 4. Certificate of Occupancy $50.00 4132 CT 5. House Moving Permit $35.00 4110 MV 6. Residential Demolition Permit $35.00 4112 DM 7. Commercial Demolition Permit $50.00 4112 DM 8. Pool/Spa/Hot Tub $75.00 4114 PT 9. Re-inspection Fee $20.00 4422 FR 10. Variance Filing Fee $150.00 4134 ZV 11. Landscape Fee $50.00 4136 PL 12. Mobile Home Park License $205.00 + $4.10 per 4122 MH stand 13. Electrical Journeyman License (new) $20.00 4118 EP 14. Electrical Journeyman License $20.00 4118 EP (renewed) 15. Electrical Master License (new) $100.00 4118 EP 16. Electrical Master License (renewed) $20.00 4118 EP 17. Electrical Contractor License $80.00 4118 EP 8 ~dditiong~tgrafiOas/Fire a~agg Type Min. Fee Permit Fee Plan Review Fee Revenue Code 1. 1 &2Family $35.00 $0.14persqft $60.00 4116PB Dwellings 2. Triplex & $35.00 $0.17 per sq ft $60.00 4116 PB Townhouse 3. Multi-Family (4 $35.00 $0.17 per sq ft 50% of Permit, 4116 PB units & above) Min. $60.00 4. Commercial $35.00 $0.17 per sq ft 50% of Permit, 4116 PB Buildings Min. $60.00 Page 68 Type Permit Fee Revenue Code 1. Sign License $50.00 4124 PS 2. Off Premise signs on State $100.00 4124 PS Highways: Annual Review All Other Sign Permits 3. 0-60 sq ft $35.00 4124 PS 4. 60-120 sq ft $55.00 4124 PS 5. 120-250 sq ft $75.00 4124 PS 6. >250 sq ft $110.00 4124 PS 7. Wind Device Permits $35.00 4124 PS 8. Special Exception Petition $250.00 per request 4124 PS 9. Sign Variance Petition $250.00 per variance 4124 PS 10. Sign Appeal Petition $250.00 per appeal 4124 PS 11. Special Sign District $225.00 4124 PS 12. Sign Installed Without Permit Scheduled Fee Doubled 4124 PS Table I0 c onsu Type of Establishment Permit Fee Revenue Code 1. Food Handler Permit $15.00 4102 HC 2. Pool Managers Certification $35.00 4418 S2 3. Beer & Wine Permits $25.00 processing Fee (new 4146 BW applications) $87.50 on-premise $30.00 off-premise $125.00 late night permit fee $75.00 beer only Restaurant 4. <2000 sq ft GFA $310.00 4414 H1 5. >2000 sq ft GFA $485.00 4414 H1 Grocery Store 6. <12,000 sq ft GFA $325.00 4414 H1 7. >12,000 sq ft GFA $450.00 4414 H1 8. Convenience Store without deli $250.00 4414 H 1 9. Convenience Store with deli $300.00 4414 H1 10. Concession Stand, snow-cone $175.00 4414 H 1 stand or similar structure 11. Daycare $150.00 + $1.00 per child 4414 H1 12. Nursing Homes + all others $275.00 4414 H1 13. Seasonal Permit Fee $75.00 4414 H1 14. Temporary Permit $20.00 4414 H1 15. Application fee for new $250.00 4414 H1 establishment I 16. Bar I $250.00 4414 H1 Page 69 Inspection Type Inspection Fees Revenue Code 1. Repairs of Construction in $35.00 per hour Right-of-Way 2. Overtime (after 5:00 pm on $50.00 per hour weekdays & weekends) Parking Lot Permit Permit Fees Revenue Code 3. 1-50 spaces $100.00 4108 PK 4. 51-100 spaces $200.00 4108 PK 5. 101-250 spaces $300.00 4108 PK 6. 251-500 spaces $400.00 4108 PK Fees for Appeals and Variances to Traffic Safety Commission 7. Fee Per Appeal/Variance I $250.00 ! ~abl~ i2 ~ater Tap Meter Fees Application: This schedule applies to the installation, removal or relocation of water taps and meters by the City of Denton Utility Department at the request of a person, firm, association or corporation. Tap and Meter Fees: Any person, association of persons, or corporation that requests a water main tap, water meter or water meter loop, be removed, installed or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: Water Taps with Meter: Size of Tap & Meter Paved Street Unpaved Street Revenue Code 3¼ inch $1,410.00 $595.00 5104 TW 1 inch $1,625.00 $730.00 5104 TW 1 lA inch $2,055.00 $1,085.00 5104 TW 2 inch $2,275.00 $1,410.00 5104 TW Water Meter Fees: Size of Meter Meter Fees Revenue Code 3A inch $305.00 5104 TW 1 inch $375.00 5104 TW 1 lA inch $490.00 5104 TW 2 inch $630.00 5104 TW Water Meter Relocations: Size of Meter Relocation of 10 Feet or Less Revenue code 3A inch $285.00 5104 TW 1 inch $285.00 5104 TW 1 lA inch $340.00 5104 TW 2 inch $390.00 5104 TW Page 70 Size of Tap Paved Street Unpaved Street Revenue Code 4 inch $2,705.00 $1,625.00 5104 TW 6 inch $2,920.00 $1,895.00 5104 TW 8 inch $3,895.00 $2,815.00 5104 TW 12 inch $4,865.00 $3,730.00 5104 TW Tabl~ I4 ~ast~a~er ~ap~ wi~h ~ l~anout Size of Tap Paved Street Unpaved Street Revenue Code 4 inch $2,000.00 $1,410.00 5206 TS 6 inch $2,110.00 $1,570.00 5206 TS 8 inch $2,220.00 $1,730.00 5206 TS 10 inch $2,380.00 $1,865.00 5206 TS Manhole Breakout Fee 6"- 12" Line I $165.00 I I 5206 TS Water and Wastewater Impact Fees - 1998-2003 For a new development for which a final plat recordation occurred on or after September 15, 1998, but before May 29, 2003, and for which no new service units have been added, impact fees for water and wastewater can be calculated according to Table 15 below: Water Meter SFE 's per Net Cost Net Cost per Net Cost Net Cost Size meter per SFE - SFE - per Meter per Meter Water Wastewater Water Wastewater 5/8" x 3¼- 1 $2,044.00 $483.00 $2,044.00 $483.00 1" 2.5 $2,044.00 $483.00 $5,110.00 $1,208.00 1 ½" 5 $2,044.00 $483.00 $10,220.00 $2,415.00 2" 8 $2,044.00 $483.00 $16,352.00 $3,864.00 3" *See Below 4" *See Below *The City of Denton has adopted several methodsjbr calculating water and wastewater impact fees. Any project involving meters 2" and larger should obtain impact fee calculations jbom Tim Fisher at (940)349-7190 or David Wachal at (940)349-7107 at the City of Denton Water Departmen~ Water Impact Fees 2003-2013 For a new development for which final plat recordation occurred prior to September 15, 1998, on or after May 29, 2003, or for any new development which is not subject to Section 1, the impact fee per service unit for water can be calculated according to Table 16 below: Page 71 Water Meter SFE's per Meter Type Typical Net Cost per Net Cost per Size Meter Land Use SFE Meter 5/8" x 3¼,, 1 Positive Residential $3,155.00 $3,155.00 Displacement 1" 2.5 Positive Residential - $3,155.00 $7,887.50 Displacement Commercial 1 ½" 5 Positive Commercial $3,155.00 $15,775.00 Displacement 2" 8 Positive Commercial $3,155.00 $25,240.00 Displacement 3" *See Below Venturi Commercial 3" *See Below Compound Commercial - Industrial 4" *See Below Turbine Commercial - Industrial *The City oj'Denton has adopted several methodsjbr calculating water and wastewater impact fees. Any project involving meters 2" and larger should obtain impact fee ealculations jbom Tim Fisher at (940)349-7190 or David Waehal at (940)349-7107 at the City oj'Denton Water Department Wastewater lmpact Fees for Zone 1 and Zone 2 service areas 2003-2006 For a new development for which final plat recordation occurred prior to September 15, 1998, on or after May 29, 2003 thru May 28, 2006, the impact fee per service unit for wastewater can be calculated according to Table 17 below: Zone 1 Zone 2 Water Meter SFE 's per Net Cost per Net Cost Per Net Cost per Net Cost per Size Meter SFE Meter SFE Meter 5/8" x 3¼,, 1 $1,437.00 $1,437.00 $1,437.00 $1,437.00 1" 2.5 $1,437.00 $3,592.50 $1,437.00 $3,592.50 1 ½" 5 $1,437.00 $7,185.00 $1,437.00 $7,185.00 2" 8 $1,437.00 11,496.00 $1,437.00 $11,496.00 3" *See Below 3" *See Below 4" *See Below *The City oj'Denton has adopted several methodsjbr calculating water and wastewater impact fees. Any project involving meters 2" and larger should obtain impact fee calculations jbom Tim Fisher at (940)349-7190 or David Wachal at (940)349-7107 at the City oj'Denton Water Departmen~ Page 72 Wastewater Impact Fees for Zone 1 and Zone 2 Service Areas 2006 - 2008 For a new development for which final plat recordation occurred prior to September 15, 1998, on or after May 29, 2006 thru May 28, 2008, the impact fee per service unit for wastewater can be calculated according to Table 18 below: Zone 1 Zone 2 Water Meter SFE 's per Net Cost per Net Cost per Net Cost per Net Cost per Size Meter SFE Meter SFE Meter 5/8" x 3¼- 1 $1,570.00 $1,570.00 $1,893.00 $1,893.00 1" 2.5 $1,570.00 $3,925.00 $1,893.00 $4,732.50 1 ½" 5 $1,570.00 $7,850.00 $1,893.00 $9,465.00 2" 8 $1,570.00 $12,560.00 $1,893.00 $15,144.00 3" *See Below 3" *See Below 4" *See Below *The City of Denton has adopted several methodsjbr calculating water and wastewater impact fees. Any project involving meters 2" and larger should obtain impact fee calculations jbom Tim Fisher at (940)349-7190 or David Wachal at (940)349-7107 at the City of Denton Water Department Wastewater Impact Fees for Zone 1 and Zone 2 Service Areas 2008 - 2013 For a new development for which final plat recordation occurred prior to September 15, 1998, on or after May 29, 2008 thru May 28, 2013, the impact fee per service unit for wastewater can be calculated according to Table 19 below: Zone 1 Zone 2 Water Meter SFE 's per Net Cost per Net Cost per Net Cost per Net Cost per Size Meter SFE Meter SFE Meter 5/8" x 3¼- 1 $1,703.00 $1,703.00 $2,614.00 $2,614.00 1" 2.5 $1,703.00 $4,257.50 $2,614.00 $6,535.00 1 ½" 5 $1,703.00 $8,515.00 $2,614.00 $13,070.00 2" 8 $1,703.00 $13,624.00 $2,614.00 $20,912.00 3" *See Below 3" *See Below 4" *See Below *The City of Denton has adopted several methodsjbr calculating water and wastewater impact fees. Any project involving meters 2" and larger should obtain impact fee calculations jbom Tim Fisher at (940)349-7190 or David Wachal at (940)349-7107 at the City of Denton Water Department For any additional information on water/wastewater tap fees please call Loyd Ritchson at 940- 349-7176. For any additional information on impact fees please call David Wachal at 940-349- 7107. Page 73 APPENDIX G GLOSSARY ADDI: American Dream Downpaymem Initiative. Affordable Housing: Affordable housing is generally defined as housing where the occupam is paying no more than 30% of gross income for housing costs. CDAC: Community Developmem Advisory Committee. Cost Burden: The extem to which gross housing costs, including utility income, exceed 30% of gross include, based on data available from the U.S. Census Bureau. Community Development Block Grant (CDBG): An annual gram of federal dollars to the City of Demon from the U.D. Dept. of Housing and Urban Developmem. The funds are spend on activities benefiting low and moderate income persons. Continuum of Care: A comprehensive system for moving individuals and families from homeless to permanem housing by providing services (e.g., job training, counseling, budget counseling, education, etc.) DAHC: Demon Affordable Housing Corporation. DCHC: Denton County Homeless Coalition DCHFC: Denton County Housing Finance Corporation. Denton Development Plan: Plan adopted in 1999 that incorporates land use policies particularly applicable to affordable and supportive housing. DHA: Demon Housing Authority. Elderly: A person who is at least 62 years of age. Emergency Shelter: Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless. Emergency Shelter Grant (ESG): HUD provides funds to improve the quality of emergency shelter, to help make available emergency shelter, and to help meet operating costs and costs of essemial social services to homeless individuals. Page 75 Extremely low-income family: Family whose income is between 0 and 30% of the median income for the area, as determined by HUD. Federal Emergency Management Agency (FEMA): Administers funds to local emergency service organization for responses to emergency situations. FHLB: Federal Home Loan Bank of Dallas Frail Elderly: An elderly person (62+) who is unable to perform at least three activities of daily living, such as eating, dressing, bathing, grooming or household management. Gap Financing: Available under the City's Homebuyer Assistance Program and DAHC's Affordable Housing Opportunity Program to lower the interest rate or provide additional down payment assistance to purchase a home. HOME Investment Partnership Program (HOME): An annual grant from the U.S. Dept. of Housing and Urban Development that provides funds for affordable housing projects/programs. Homeless Person: Unaccompanied person 17 years of age or younger who is living in situations described by terms "sheltered" or "unsheltered". Housing Problems: Households with housing problems including physical defects, overcrowding and cost burden. Overcrowding is a housing unit containing more than one person per room. HMIS: Homeless Management Information System. HSAC: Human Services Advisory Committee. HUD: U.S. Department of Housing and Urban Development. Jurisdiction: A state or unit of general local government. Lead-based paint hazard: Any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. LIHEAP: Low Income Housing Energy Assistance Program LIHTC: Low Income Housing Tax Credit. Low Income: Households whose income is below 80% of the area median income. This is referred to as moderate income in the CDBG program). MFE: Multi-family equivalent unit. Page 76 Middle Income: Households whose income is between 80% and 95% of the median income for the areas. MLS: Multiple Listing Service Other Low Income: Households whose income is between 51% and 80% of the area median income. This income level is referred to as moderate income level in the CDBG program. Section 8 Program: The program provides rental assistance. Those who receive the assistance pay no more than 30% of their gross monthly income for rent. Self-Sufficiency: A program designed to provide support services to enable participating families to achieve economic independence and self-sufficiency. Severe Cost Burden: The extent to which gross housing costs, including utility, exceed 50% of gross income. TBRA: Tenant Based Rental Assistance TDHCA: Texas Department of Housing and Community Affairs SFE: Single-family equivalent unit. Very Low Income: Households whose income is between 31% and 50% of the area median income. Page 77 AGENDA INFORMATION SHEET TO: AGENDA DATE: ACM/CA City Council April 5, 2005 Dorothy Palumbo, Senior Assistant City Attorney SU ECT Receive a report, hold a discussion and give staff direction on gas well surface rights and mineral rights. BACKGROUND The City Council has requested a presentation on mineral rights vs. surface rights because of citizen questions on the authority of the City to regulate the surface estate. This presentation was made during the Environment Committee meeting on January 31, 2005. The following is a discussion of these legal principles. Mineral Righ. ts vs. Surface Rights In Texas the mineral estate is dominant over the surface estate. The mineral lessee therefore has an implied right to use as much of the surface as is reasonably necessary for mineral exploration and development, Unless specific rights are reserved within the mineral lease in question, the mineral owner does not require the surface owner's consent in order to exercise the right to utilize the surface for exploration and development of the minerals. Although the mineral lessee may be liable for surface damages, this applies only in limited situations. Legal position of Municipalities Political entities such as municipalities are granted the authority to regulate matters that affect the health, safety, and well being of citizens through both the United States Constitution and the Texas Constitution. Although the State of Texas has delegated authority to the Railroad Commission to make rules and regulations for the conservation of oil and gas within the state, this does not repeal the fundamental law that municipalities under their police powers may regulate the production of oil and gas within their city limits, In short, a municipality has the power to regulate mineral production. Although a municipality has the power to regulate mineral production, a mineral interest may claim that the regulation is arbitrary, unreasonable, or unlawfully deprives the complaining party of his or her constitutional rights. However, there is a general presumption of validity in S:\Our Dr~euments\Agcnda Info Si~eet\0S'~MmeraI rights va Surface Rights,DOC favor of the ordinance and courts will not substitute its judgment for that of the city and its officers. The ordinance will therefore be upheld unless it can clearly be demonstrated as arbitrary and unreasonable. A more detailed discussion of these issues is provided in the City Attorney status report. Respectfully submitted: Dorothy G. l~lumbo Senior Assistant City Attorney DGP:di AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET March 22, 2005 Engineering Howard Martin, Utilities 349-8232, ~ SUBJECT Consider adoption of a an Ordinance of the City Council of the City of Denton, Texas authorizing the City Manager or his designee to approve a Right-of-Way Use Agreement to allow continued existence of a monument sign within street fight-of-way at McKamy Boulevard and North Locust Street to indicate entryway into McKamy Evers Estates; and providing an effective date. BACKGROUND The City has been requested by the McKamy Evers Homeowners Association to allow continued existence of improvements located in the City right of way. The improvements consist of a monument sign, landscaping, and lighting components in the Right of Way area. The sole purpose of the sign is to inform the public that McKamy Boulevard is an entryway into the McKamy Evers Estates development. The improvements will not interfere with traffic safety at the intersection of McKamy Boulevard and North Locust Street. The language in the Right-of-Way Use Agreement provides protections for the City regarding specific insurance requirements of the Home Owners Association and also defines their responsibilities regarding sign maintenance so as to preclude any damages to existing or future public works infrastructure. No advertising of any kind will be allowed on the sign other than the name of the McKamy Evers Estates. The Right-of-Way Use Agreement also dictates that the improvements are there at risk for removal, with no liability to the City, should a future public works project conflict with it's location. OPTIONS 1. Approve the Ordinance, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff endorses the approval of the Ordinance PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION None EXHIBITS 1. Location Map 2. Ordinance Prepared by: Respectfully submitted: Pamela England Real Estate Specialist James C. Coulter, Acting Director Engineering Department EXHIBIT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE A RIGHT OF WAY USE AGREEMENT TO ALLOW CONTINUED EXISTANCE OF A MONUMENT SIGN WITHIN STREET RIGHT-OF-WAY AT MCKAMY BOULEVARD AND NORTH LOCUST STREET TO INDICATE ENTRYWAY INTO MCKAMY EVERS ESTATES; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City Council finds that approval of the Right-of-Way Use Agreement attached hereto and made a part hereof by reference (the "Agreement") is in the public interest because it will allow the public to know that they are entering into the McKamy Evers Estates Subdivision of the City of Denton which wilt promote efficient traffic circulation; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. Section 2. The Agreement is hereby approved and the City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City of Denton, and to carry out the City's fights and obligations under the Agreement. Section 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2005. Euline Brock, Mayor ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: EXHIBIT 2 After Recording Return To: City of Denton Real Estate and Capitol Support 601 East Hickory Street Suite B Denton, TX 76201 RIGHT-OF-WAY AGREEMENT THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: The City of Denton (the "CITY") does consent and agree to give McKamy Evers Estates Homeowners Association, a Texas non-profit corporation (the "ASSOCIATION") the fight to the non-exclusive use of a portion of fight-of-way dedicated to the City which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Right-of-Way Area") for the purpose of constructing and maintaining a landscaped monument sign as shown on Exhibit "B" (the "Sign") within Mckamy Evers Estates Phase 1 an addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet U, Pages 938 and 939 of the Plat Records of Denton County Records (the "Subdivision" or "Property"), upon the following conditions: I. The ASSOCIATION shall maintain and keep in good condition all of the Right-of-Way Area, Sign, landscaping and other improvements authorized by the CITY (the "Improvements") and the CITY shall not become responsible for such maintenance at any time in the future. The Sign is currently located within the Right-of-Way Area. The CITY approves the configuration of the SIGN as it presently exists. Any modifications to the SIGN or other Improvements within the Right-of-Way Area must be approved in writing by the CITY. The sole purpose of the Sign is to inform the public of the location of the Subdivision. No advertising of any kind will be allowed on the Sign, other than the name of the Subdivision. The ASSOCIATION will be responsible for maintaining the Improvements, including the lighting components, in the Right- of-Way Area. II. The ASSOCIATION shall and does hereby agree to indemnify and hold harmless CITY, its employees, officers, and agents from any and all damages, loss or liability of any kind whatsoever by reason of injury to persons, including death, and damages to property occasioned Page 1 by the ASSOCIATION'S use of the Right-of-Way Area or act of omission, neglect or wrongdoing of the ASSOCIATION and shall, at its own cost and expense, defend and protect the CITY against any and all such claims and demands. III. The ASSOCIATION shall purchase and maintain Commercial General Liability Insurance naming the CITY, its employees, officers, and agents as an "additional insureds" for damages and injuries arising from the construction, location and maintenance of the Improvements and other ASSOCIATION work within the Right-of-Way Area, with a limit of not tess than $250,000.00 for each person and $500,000.00 for each single occurrence for bodily injury or death and $100,000.00 for property. each single occurrence for injury to or destruction of The ASSOCIATION shall arrange for all activities and Improvements within the Right- Of-Way Area to be discontinued and/or removed, at the direction of CITY, within thirty (30) days of notification by CITY, that the City Council has directed the use of the Right-of-Way Area by the ASSOCIATION to be discontinued; and the cost associated with the discontinuing of such activities, and the removal of such Improvements, necessitated by such discontinuation of the right-of-way use, shall be borne by the ASSOCIATION. The ASSOCIATION shall not seek compensation from CITY for loss of the value or use of the Improvements when such Improvements are required to be removed by CITY. Should the ASSOCIATION fail to remove such improvements as required by the CITY, the CITY may remove them at the sole expense of the ASSOCIATION. V. This Agreement shall be binding upon and inure to the benefit of the CITY and ASSOCIATION, and their respective successors and assigns, and shall constitute restrictive covenants that touch and run with the land described as the Property herein and shall be binding upon all owners and furore owners of the Property for a period of fifty years from the date of this Agreement. This Right-of-Way Use Agreement is executed by the parties to be effective the day of ., 2005. Page 2 CITY OF DENTON, TEXAS BY: MICHAEL A. CONDUFF CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM: HERBERt, ~ ATT OR_NEY McKamy Evers Estates Homeowners Association BY: John Skelton, President Page 3 ACKNOWLEDGEMENTS STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the __ day of ,2005 by Michael A. Conduff, City Manager of the City of Denton, Texas, on behalf of said city. Notary Public in and for the State of Texas My Commission expires: STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the ~ day of ~ 2005 by John Skelton, President of McKamy Evers Homeowners Association, a Texas non-prOfit corporation, on behalf of said corporation. Notary Public in and for the State of Texas My Commission expires: After Recording Return To: City of Denton Real Estate and Capital Support 601 East Hickory Street Suite B Denton, TX 76201 Page 4 EXHIBIT "A' Being .a tract of land situated in the B.B.B.& C.R.R. Survey, Abstract NO. i$6, City of Denton, Denton County, Texas, 'zaid tract being an island located in McKamy Boulevard at .its intersection W~th North' LocUSt Strce! according to thc file plat of McKamy Evers Estates, Phase. ! as recorded in Cabinet U. Page' 939 oftl~ Map Records of DentOn County, Texas and being more particularly described as follows: COMMENCING at the intersection of thc west line of North .Locust Street (!IS'right-of-way) and thc south linc of McKamy Boulevard (90'right-of-way), said point being thc northeast comer of Lot ! in Block A of McKamy Evers Es'dues, Phase I as recorded in Cabir~ U, Page 939' of thc Map Records. of Denton County, Texaz; THENCE N00°59'41~E .along ~hc west line of Locust. Street, 45.00 feet to the cent~inc'ofMclQuny Boulevard and ~ place of beg/nning; TI~.NCE FROM Ti~rR Ir~ACE OF BEGINNING in a southwe,~ly dhxction .with a .curve to the dght,.Chord-Beadn8 S47°21'34''W, said curve having a cent/al angle of 92°43'46'' and a radius of 10..00 f~t, anaw distance of 16.18 fo~ to a point for comer, ~CE N~6°I6'33'W, 104.$8 feet to a point for com~, THENCE in a w~,erly ~o e~st~ly direction with a curve w the right, Chord Bear/n~ lqOO~9'41,E, said ~uve having a central ~1¢ of 174~2'28 and a rad/~ of :i.00 foe, t, and arc di~ of 15.23 feet to a point for ~ TttENCE Nii°lS'55~E, 104.1~8 feet io a point for comer, 'THL~CE in a south~ly '~ion with a curve ~o the. fight, Chord Bearing 845~22' I2"E, said curve having a c~atral angle of 92°43~46" and a radius of 10.00 fo~ an arc dismnc, e. of 16.1S fe~t to a point for ~ and the'pla~ of beg/truing and comaimng 0.041 acre'(l,773 squar~ feet) ~f land. Exhibil A Feb 10, 2005, a! 12:22:17'PM ,~ John Skelton Exhibit · Skelton t t i I i I AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET April 5, 2005 Engineering Howard Martin, Utilities 349-8232 ~ SUBJECT Consider approval of an Easemem to Verizon Wireless across City of Demon property being a tract of land situated in the Mary Austin Survey, Abstract No.4, in the City of Denton, Denton County, Texas, and being a portion of the Remainder of Lot 1, Block 2 of the Municipal Utility Addition, an addition to the City of Demon, as recorded in Cabinet G, Page 346, Plat Records of the Real Property Records of Demon County, Texas; and providing an effective date. The Public Utilities Board recommended approval with a vote of 6-0. BACKGROUND Verizon Wireless has requested a three-foot wide easemem across city property at 1701 Spencer, Denton, Texas, to the existing utility easement they have on Spencer Road. This easement will provide Verizon Wireless with the ability to lay a fiber optics cable to carry the increasing traffic from the Spencer site directly to their Arlington Switch Station. As consideration for the easemem, Verizon will pay the City of Demon the fair market value of $1,785.00. The Public Utilities Board at their March 28, 2005 meeting approved this item. OPTIONS 1. Approve, or 2. Denial, or 3. Table for future consideration RECOMMENDATION Staff recommends approval of the Ordinance. ESTIMATED PROJECT SCHEDULE Estimate summer of 2005 PRIOR ACTION/REVIEW None FISCAL INFORMATION None EXHIBITS 1. Location Map 2. Ordinance 3. Easement Document 4. Legal Description 5. Survey Respectfully submitted: Jim Coulter, Acting Director Utility and CIP Engineering Prepared By: Pamela G. England Real Estate Specialist LOCATION MAP VERIZON WIRELESS EASEMENT REQUEST EXHIBIT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN EASEMENT TO VERIZON WIRELESS ACROSS CITY OF DENTON PROPERTY BEING A TRACT OF LAND SITUATED IN THE MARY AUSTIN SURVEY, ABSTRACT NO. 4, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF LOT 1, BLOCK 2 OF THE MUNICIPAL UTILITY ADDITION, AN ADDITION TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds that approval of an easement to Dallas MTA. L.P. d/b/a Verizon Wireless ("Verizon") which is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Easement") is in the public interest; and WHEREAS, the City Council finds that the fair market value of the Easement is $1,785.00 (the "Value of the Easement"); NOW, THEREFORE, · THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. The fmdings and recitations contained in the preamble of this ordinance are incorporated herein by reference. Section 2. The Easement is hereby approved. Upon payment by Verison of the Value of the Easement the City Manager or his designee is hereby authorized to execute the Easement on behalf of the City: of Denton and deliver it to Verizon. Section 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY Euline Brock, Mayor BY: , EXHIBIT 2 APPROVED AS TO LEGAL FORM: HERBERT L. P~ CIT~oKNEy BY: ~.~~.~~ . Page 2 Spencer RT 161406/C0156A Location code: 104650 EASEMENT AND RIGHT-OF-WAY STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: Grantor: City of Denton, Texas, a municipal corporation of the State of Texas 215 East McKinney Denton, Texas 76201 Grantee: Dallas MT,A, L.P. d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 ,Attention: Network Real Estate Consideration: Ten Dollars ($10.00) and other valuable consideration paid by Grantees, the receipt and sufficiency of which are acknowledged by Grantor. Description of Easement Area: See Exhibit "A" and "B" attached hereto and made a part hereof. Easement Purpose: This easement is made and accepted for the following purposes: Constructing, reconstructing, operating, replacing, relocating, rebuilding, upgrading, inspecting, changing the size of, repairing, and perpetually maintaining one or more underground telephone, fiber optic and telecommunications lines and related facilities (including pulling vaults or boxes) under and across the Easement Area; together with the right of Grantee, its agents, employees, workmen and representatives to have ingress and egress upon and across the Easement Area for the purpose of constructing, reconstructing, operating, replacing, relocating, rebuilding, upgrading, inspecting, changing the size of the facilities and any part thereof. Conveyance: Grantor conveys to Grantee, for the benefit of the public, an easement and right-of-way along, over and under the Easement Area, for the respective purposes permitted above but none other; TO HAVE AND HOLD, unto Grantee, and its permitted successors and assigns. This grant is made and accepted subject to all encumbrances, covenants, easements and other matters recorded in the Real Property Records of Denton County, Texas or that are visible and apparent. Terms and Conditions of this Easement: This easement is made and accepted on the following terms and conditions: EXHIBIT 3 Spencer RT 161406/C0156A Location code: 104650 All of the telephone, fiber optic, and telecommunications lines and related facilities placed by the Grantees within the Easement Area shall be underground and buried to a level or placed at a location so as not to unreasonably interfere with Grantor's use of the surface, subject to the terms hereof. All facilities placed in the Easement Area shall be maintained in good condition by Grantees. All uses and operations by Grantees under the Easement shall be conducted in a safe manner consistent with good industry practices and shall comply with all laws, ordinances, and permitting requirements. Grantor hereby reserves the right to use the Easement Area for all purposes except as herein restricted, subject, however, to the rights granted herein to Grantees. Grantor shall build no buildings within the Easement. Grantor, without limitation, reserves the right to do any of the following: (a) grant public or private rights-of-way; (b) convey other public or private utility easements that do not unreasonably interfere with Grantee's permitted use; (c) install and maintain landscaping and associated irrigation; (d)install and maintain fencing; (e) pave over the facilities with parking lots, entranceways, roads, and sidewalks using either concrete or asphalt materials, and (f) make any other use of the Easement Area that does not unreasonably interfere with Grantees' permitted use. If Grantee(s) shall discontinue or abandon, for a period of five (5) years, use of the communication facilities within the Easement Area, then this Easement shall terminate and be of no further force. Grantees may assign this Easement, without Grantor's prior consent,. The Easement is conveyed and accepted subject to all encumbrances, covenants, easements and other matters recorded in the Real Property Records of Denton County, Texas. The rights and obligations set forth in this Easement shall bind and inure to the benefit of the successors and assigns of Grantor and Grantees and shall run with the land so as to benefit and burden the future owners of any direct or indirect interest in the real property encumbered by this Easement. (SIGNATURE PAGE TO FOLLOW) Spencer RT 161406/C0156A Location code: 104650 Executed this __ day of ,2005. Grantor City of Denton, Texas, a municipal corporation of the State of Texas By: Mike Conduff City Manager Attest: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM HERBERT L. PROUTY, CITY ATTORNEY BY: ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DENTON I certify that I know or have satisfactory evidence that Mike Conduff is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of the City of Denton, Texas, a municipal corporation of the State of Texas, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and seal of office this __ day of ,2005. Notary Public Printed Name My commission expires: Spencer RT 161406/C0156A Location code: 104650 EXHIBIT "A" Description of 3' Wide Easement BEING a tract of land situated in the Mary Austin Survey, Abstract No. 4, in the City of Denton, Denton County, Texas, and being a portion of the Remainder of Lot 1, Block 2 of the Municipal Utility Addition, an addition to the City of Denton, as recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the most West, Southwest corner of said Remainder of Lot 1, Block 2 of the Municipal Utility Addition, same being the Northwesterly corner of a 0.030 acre tract Right-of Way Dedication and recorded in same Cabinet G, Page 346, same point being now on the North right-of-way line of Spencer Road (a variable width R.O.W.); THENCE South 52 degrees 36 minutes 00 seconds East, along the Northerly line of said 0.030 acre tract Right-of Way Dedication, same being the Northerly right- of-way line of said Spencer Road and the Southerly line of said Remainder of Lot 1, Block 2, a distance of 201.49 feet to THE POINT OF BEGINNING hereof; THENCE (L1) North 74 degrees 26 minutes 19 seconds East, departing the Northerly right-of-way line of said Spencer Road, same being the Northerly line of said 0.030 acre tract Dedication and through the interior of said Remainder of Lot 1, Block 2, a distance of 37.18 feet to a point; THENCE continuing through the interior of said Remainder of Lot 1, Block 2, the following five (5) courses: L2D. North 65 degrees 47 minutes 29 seconds East, a distance of 22.73 feet to a point; L3D. North 59 degrees 52 minutes 09 seconds East, a distance of 14.70 feet to the point of commencing of a curve to the right, having a central angle of 16 degrees 05 minutes 09 seconds, a radius of 686.85 feet and a chord bearing and distance of North 73 degrees 01 minutes 07 seconds East, 192.20 feet; THENCE in a Northeasterly direction and along said curve to the right, an arc length of 192.84 feet to a point; L4D. North 83 degrees 01 minutes 17 seconds East, a distance of 114.77 feet to a point; L5D. North 67 degrees 04 minutes 55 seconds East, a distance of 29.29 feet to a point; Spencer RT 161406/C0156A Location code: 104650 L6D. North 83 degrees 32 minutes 06 seconds East, a distance of 64.75 feet to the West line of a 17.751 acre tract, said 17.751 acre tract described as that tract of land as conveyed from The Spencer Station Generating Company, L.P., a Delaware limited partnership, to the City of Garland, Texas, a municipal corporation of the State of Texas and a home rule city, as recorded in Volume 5306, Page 02830, same being Volume 5273, Page 00463, Deed Records, Denton County, Texas, and being the POINT OF TERMINATION hereof, and containing 0.0328 acres or 1,428 square feet of land, more or less. Spencer RT 161406/C0156A Location code: 104650 EXHIBIT "B" This will be the survey drawing. City of Denton Sp~cer Radio Tower 3' WIDE UTILITY EASEMENT BEING a tract of land situated in the Mary Austin Survey, Abstract No. 4, in the City of Denton, Denton County, Texas, and being a portion of the Remainder of Lot 1, Block 2 of the Municipal Utility Addition, an addition to the City of Denton, as recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the most West, Southwest corner of said Remainder of Lot 1, Block 2 of the Municipal Utility Addition, same being the Northwesterly corner of a 0.030 acre tract Right-of Way Dedication and recorded in same Cabinet G, Page 346, same point being now on the North right-of-way line of Spencer Road (a variable width R.O.W.); THENCE South 52 degrees 36 minutes 00 seconds East, along the Northerly line of said 0.030 acre tract Right-of Way Dedication, same being the Northerly right- of-way line of said Spencer Road and the Southerly line of said Remainder of Lot 1, Block 2, a distance of 201.49 feet to THE POINT OF BEGINNING hereof; THENCE (L1) North 74 degrees 26 minutes 19 seconds East, departing the Northerly right-of-way line of said Spencer Road, same being the Northerly line of said 0.030 acre tract Dedication and through the interior of said Remainder of Lot 1, Block 2, a distance of 37.18 feet to a point; THENCE continuing through the intedor of said Remainder of Lot 1, Block 2, the following five (5) courses: L2D. North 65 degrees 47 minutes 29 seconds East, a distance of 22.73 feet to a point; L3D. North 59 degrees 52 minutes 09 seconds East, a distance of 14.70 feet to the point of commencing of a curve to the right, having a central angle of 16 degrees 05 minutes 09 seconds, a radius of 686.85 feet and a chord bearing and distance of NOrth 73 degrees 01 minutes 07 seconds East, 192.20 feet; THENCE in a Northeasterly direction and along said curve to the right, an arc length of 192.84 feet to a point; L4D. North 83 degrees 01 minutes 17 seconds East, a distance of 114.77 feet to a point; L5D. North 67 degrees 04 minutes 55 seconds East, a distance of 29.29 feet to a point; EXHIBIT 4 City of Denton Spencer Radio Tower L6D. North 83 degrees 32 minutes 06 seconds East, a distance of 64.75 feet to the West line of a 17.751 acre tract, said t7.751 acre tract described as that tract of land as conveyed from The Spencer Station Generating Company, L.P., a Delaware limited partnership, to the City of Garland, Texas, a municipal corporation of the State of Texas and a home rule city, as recorded in Volume 5306, Page 02830, same being Volume 5273, Page 00463, Deed Records, Denton County, Texas, and being the POINT OF TERMINATION hereof, and containing 0.0328 acres or 1,428 square feet of land, more or less. ii/ / / CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING AGENDA MARCH 28, 2005 DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, March 28, 2005 at 9:05 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas Street, Denton, Texas. Present: John Baines, Bob Bland, Bill Cheek Phil Gallivan, George Hopkins, Charldean Newell, Dick Smith EX OFFICIO MEMBERS Howard Martin, ACM/Utilities CONSENT AGENDA: 1) Consider approval of an easemem from the City of DeNon, Texas to Verizon Wireless for a 0.0328 acre tract of land, described by metes and bounds, situated in the Mary Austin Survey, Abstract No. 4, in the City of Denton, Denton County, Texas, and being a portion of the Remainder of Lot 1, Block 2 of the Municipal Utility Addition, an addition to the City of Denton, Texas, as recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas. 2) Consider approval of Bid No. 3300 for a Three-Year Comract for Substation Switches from the lowest responsible bidder for each line item. 3) Consider approval of Bid No. 3244 for a Two-Year Contract for Water and Sewer Inventory awarded to the lowest responsible bidder for each section, in the annual estimated amount of $500,000. 4) Consider approval of a Professional Services Agreemem with the law firm of Booth, Ahrens & Werkenthin, P.C., Austin, Texas for legal services related to water rights and water legislative issues in an amoum not to exceed $55,000. Board Member Dick Smith moved to approved the Consent Agenda with a second from Board Member Phil Gallivan. The motion was approved by a vote of 6-0. Note: (Board Member John Baines arrived late and did not have the opportunity to vote on the Consent Agenda). Page 1 of 1 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET April 5, 2005 Tax Kathy DuBose ~ SUBJECT Consider approval of tax refunds for the following property taxes: Tax Name Reason Year Amount 1 ~del'~ Rgi~Id~S~ d~ ~up!~at~P 2. Choice Homes Inc Duplicate Payment 2004 $863.45 hoc, ~ i~ ~upiicat P g0~ 85~ 5 4. Fairfield Denton Exchange Ltd Duplicate Payment 2004 $1,460.16 ~ ~st~can ~ g S ~ i 0v~ nt ~00~ $i00~ 6. First American Comm RE Tax Svcs/M & A Duplicate Payment 2004 $16,542.71 Texas VE Ltd ~ up!~c, at ~ g0~ 880 ~ 8. Jones, Jeanne S Duplicate Payment 2004 $7,855.30 E~ IS t ~2i 70v~nt 200 10. Mafitn, Gary L Duplicate Payment 2004 $1,278.83 tvl ~ ~ap P ~ ~ ~ A ~Sup ~! ~ ~ ~ nt ~an ~0~ ~ $~ !2: Smith, Michael Christian 07e~ayment 2004 $895~72 14. Thompson, J Cleo Overpayment 2004 $1,109.81 BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $87,670.54. Respectfully submitted: Diana G. Ortiz Director of Fiscal Operations AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET April 5, 2005 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Tom Shaw 349-7133 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a two-year contract for the purchase of water and sewer parts for the City of DeNon Warehouse; providing for the expenditure of funds therefore; and providing an effective date (Bid 3244-Two-Year Comract for Water and Sewer Inventory awarded to the lowest responsible bidder for each section in the annual estimated amoum of $500,000). (The Public Utility Board approved this item by a vote of 6-0). BID INFORMATION This bid is for miscellaneous items that are stocked in the Warehouse for ease of accessibility to be used by the Water and Wastewater departments in their daily operations, and for repair and maimenance of their distribution and collection systems. Materials will be ordered on an as needed basis to maimain appropriate stocking levels. Bidders offering lower prices were rejected for failure to meet specification. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its March 28, 2005 meeting. RECOMMENDATION In order to create efficiencies in ordering, receiving, invoicing and payment, recommendation is to award to the lowest responsible bidder for each section as listed in Exhibit A. The vendors and item numbers to be awarded are listed below. Section Item Number Section A Items 1-9 Section B Items 10-39 Section C Items 40-86 Section D Items 87-158 Section E Items 159-185 Section F Items 186-226 Section G Items 227-318 Section H Items 319-377 Vendor Ferguson Water Works Ferguson Water Works D & W Utility Supply Ferguson Water Works Ferguson Water Works D & W Utility Supply Ferguson Water Works Ferguson Water Works Agenda Information Sheet April 5, 2005 Page 2 PRINCIPAL PLACE OF BUSINESS Ferguson Water Works McKinney, TX D & W Utility Supply Waxahachie, TX ESTIMATED SCHEDULE OF PROJECT This is a two-year contract with the option to renew for additional one-year periods. Ferguson and D & W have agreed to participate in escalation/de-escalation. All terms and conditions remain the same, with a maximum price escalation/de-escalation of 5% annually. FISCAL INFORMATION The items in this bid will be funded out of the Warehouse Working Capital account and charged back to the using department. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid Tabulation 1-AlS-Bid 3244 . ::.: :: :~:: :~ ~ ~ 0 0 0:]:::0 0 ::~0 0:::]0 0 ]+:0 0 C ......... ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO-YEAR CONTRACT FOR THE PURCHASE OF WATER AND SEWER PARTS FOR THE CITY OF DENTON WAREHOUSE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3244-TWO-YEAR CONTRACT FOR WATER AND SEWER INVENTORY AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH SECTION IN THE ANNUAL ESTIMATED AMOUNT OF $500,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3244 1-9, 10-39, Ferguson Water Works Exhibit A 87-185,227-377 3244 40-86, 186-226 D & W Utility Supply Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract and to extend the contract as determined to be advantageous to the City of Denton which shall be on file in the office of the Purchasing Agent; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ., 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 3-ORD-BID 3244 C~/' O7 Exhibit A BID # 3244 - Two Year Contract For Water and Sewer Warehouse Inventory D & W Utility Ferguson Water Supply Works Principle Place of Business: Waxahachle. TX McKInney, TX SECTION A: 4 890-40-025 5 EA. 3OX, WATER METER LID 34A & 349 $16,60 6 890-40-040 85 EA. 3OX, WATER METER 55A $137.50 8 890-40-060 16 EA. ~OX, WATER METER LID 55-A &54SA $61.40 SECTION B: : ::::::: .~:... · : .::: . '...:..::; 10 210-62;200: 288: EA.. 3ASKET,. RAM NEK F~EXiBEE ;42,:: 11 670-06020 42 EA. ~EALER MANHOLE $18.20 13 890-30-010 ; 76 EA. vIANHOLE, LID 400-24 $92.00 17 890-30-032 5 EA. vIANHOLE, RISER 400X24 2 3/4" $1 96,80 20 890930-035 ~ $ : : EA:": ::; vlANHOLE' RisER ~100~<2~.'E; =: :i ~ ; ' : $246:50 21 890-30-036 5 EA. vIAN HOLE, RISER 300X24 3" $161.10 :: . ::. : ::: ~':: :~ ~ : ..... .,:= ~..: : ;~:..::.:..::: .: , 23 890-30-038 § EA. MANHOLE, RISER 300X24 2" $142.85 24 890-30-039 8: : EA;. MANHOEE, RISER 3(307.24 1 ~ :: F $142.85 29 890-30-040 5 EA. MANHOLE, RISER 400X24 1" $168.35 27 890-30-047 5 EA, MANHOLE, RISER 300X24 6" $138.10 Page 1 of 14 EXhibit A BID # 3244 - Two Year Contract For Water and Sewer Warehouse Inventory :~ VENDOR' ;VENDOR · ' D & W Utility Ferguson Water Supply Works Principle Place of Business: Waxahachie, TX McKinney, TX 29 890~10-070 5 EA. BOX, WATER METER LID $18.00 31 890~050 29 EA. KEY, WATER METER BOX FORD $11.20 33 NEW 50 EA. M~HOLE SEAL, 24" X t2" $113.03 35 NEW 120 ~. FLEXIBLE ROPE $7.00 M~HOLE RING, HIGH DENSITY POLYETHLENE F~T DESIGN, 24" 37 NEW 80 ~. CONE SiZE X 2" HIGH $17.90 MANHOLE RING, HIGH DENSI~ POLYETHLENE FLAT DESIGN, 24" 39 NEW 80 ~. CONE SIZE X 1.5" HIGH $17.90 SECTION C: 41 670-06-010 38 QT. PIPE COMPOUND S~L $17,80 43 67058~0 Sl RL. PIPE, COPPER TUBING, 1' X 60' $135.75 45 670-2~000 5 RL PIPE POLY TUBING 1 1/2 X 100 $60.52 47 670-25-050 288 ~. PIPE, PVC, SEWER, 4"X13' PSM $12.18 49 670-2~080 35 JT. PIPE, ~C, SEWER, 8"X13' PSM $47.33 51 670-2~120 10 ~. PIPE, PVC, SEWER, 12"X13' PSM $106.57 55 670-2~310 5 JT. =IPE, PVC. WATER I0~0' DR-18 $218.19 Page 2 of 14 Exhibit A BID # 3244 - TWO Year Contract For Water and Sewer Warehouse Inventory Principle Place of Business: Waxahachle, TX McKJnney, TX ;~ 670;2~320 92: ' ~T. 57 670-36~20 83 JT. NSERT STIFFENER 1 1/2" $1.15 61 670~40 ' 96 EA, BEND, PVC. 22 1/2 X 4" BXS $4.19 ;: ';-~: 65 670~4-080 5 ~. BEND, PVC, 22 1/2 X 8' BXS $26.36 67~-~0:44 69 670~4-520 45 ~. ~E PVC 45 4X4X4 BXBXS $9.84 71 670~-560 59 ~. ~E PVC 45 6X6X4 BXBXB $15.39 Page 3 of 14 Exhibit A BID # 3244 - Two Year Contract For Water and Sewer Warehouse Inventory Principle Place of Business: Waxahachie, TX I McKinney, TX 85 670-58-250 169 EA. M:)APTER 4" PVC - 4" PVC SHEAR $3.1C : : : : .:' ;:~; i:! ; :;::i~:iii!!;:ii:; !:; :: '. :', ": 87 40~000 5 ~. OR'SE, TAPPING $1 3.80 :88' : 670-39~00:15;: :~, SEE~E, YAPPiNG'~"~'6~:~ UJ :;'~ ;:1 89 670-39-650 , 12 ~. SLE~E, TAPPING 8" X 8" SS MJ $352.50 :,90 I 67037890:18 ; ~:'.:' SLE~E, TAPPING6'X6~SSMJ:~ :;~;; :; ~:.~;;;' :';; $342~00 91 670-39-750 5 EA, SLEEVE, TAPPING 10" X 6" SS MJ $391.85 ' ~2 ;:: 670:~00 5:'~ '~.: ; SLE~E, ~APPING 10' X 8" SS MJ 93 670-39-~0 m 5 ~. SLE~E, TAPPING 12" X 6" SS MJ $3~3.80 97 670~0-650 126 ~. MEG-A-LUG G~ND KIT 6" C-900 $23.29 99 670~0-7~ 5 ~. MEG-A-LUG G~ND KIT 10" C-900 $65.18 C~ P, LE~2 X3 .: .~:.~: ~ :~:::': :. : $4.10 103 ~ 67006020 5 ~. C~MP, LE~ 2" X 6' $24.25 107 670-52-100 81 ~. C~MP FULL CIRCLE 6' X 7.5' $26.20 :;~08 670-52~120 ' 31: ~. :: C~MPEUELClRCLE'8"XT~5"[:':~" ':;: ': :'~::~-,:: ::~$31~75 ~0 670;52-160, ' 11 ~.: C~MPFU~ECIRCLE~2"X,~.5" ::: ~:~ ~ :' $3900 Page 4 of 14 Exhibit A BID # 3244 - Two Year Contract For Water and Sewer Warehouse Inventory D & W UUli[y Ferguson Water Supply Works Principle Place of Business: Waxahachie, TX McKinney, TX 113 670-52-204 5 ~. 3~MP FULL CIRCLE 8" X 15" $67.40 115 670-52-260 5 EA. ;~MP FULL CIRCLE 10'X 15" 117 67~52-300 5 ~. C~MP FULL CIRCLE 16" X t5" $181,0~ 119 670-52-360 5 ~. C~MPREPAIR, 1/2" $5.8C 121 670-52~00 22 ~. C~MP REPAIR, 1" $3.3~ 123 670-52~0 17 ~, C~MP REPAIR. 1 112" $3.65 125 670-52-520 5 EA. C~MP, S.S. 4" X 3/4" TAP $53,40 127 670-52-~0 5 ~. C~MP, S.S. 6"X1' TAP $59.50 129 670-52-620 5 EA. C~MP, S.S. 8" X ~" TAP $63.30 131 670-52~0 5 EA. C~MP, S.S. 12" X 3/4" TAP VALVE GATE FL 4" W~HEEL w/o 133 670~2-030 5 ~. Accesso~es $217.50 VA~E GATE FL 8" W/O 135 670-82-060 5 ~. ACCESSORIES ~54.35 ~ALVE SATE MJ 6" W/O 137 670~2-100 47 ~. ACCESSORIES $280.00 VALVE SATE MJ 10" WlO 139 670-82-140 5 ~. ACCESSORIES $695.30 ~OLT/GASKET SET - 4" F~NGE 141 670-82-170 5 EA, ~ACK $5.65 Page 5 of 14 Exhibit A BID # 3244 - Two Year Contract For Water and Sewer Warehouse Inventory VENDOR' ';. : VENDOR !! D & W Utility Fepguson Water Supply Works Principle Place of Business: Waxahachle. TX McKInney, TX BOLT/GASKET SET - 8" F~NGE 143 670-82-172 14 ~. PACK $10.30 BOLT/GASKET SET - 12" F~NGE 145 ~ 670-82-174 ~ 5 ~. PACK $22.80 147 670-82-176 ~ ~. BOLTSET FOR 6" TAP VALVE $7.20 148 670-82-1~ 19 ;~ BoLT~ETFoRa~TA~VAL~ : /':: '~ . : ~$800 149 670-82-179 5 ~. BOLT SET FOR 12" TAP V~VE $18.80 VALVE TAPPING 6" W/O 151 670-82-250 19 ~. ACCESSORIES $391.00 VALVE TAPPING 10" W/O 153 670-82-350 5 ~. ACCESSORIES $875.23 155 670-82-5~0 33 EA. VALVE FL-MJ 6" $2~0.00 157 670-82-520 5 ~. VALVE FL-M J10" $695.30 SECTION E: 159 ~0-60-000 5 ~. HYD~NT, FIRE 2.5' BURY $909.67 161 ~0-60-100 5 ~. HYD~NT, FIRE 3.5' BURY $955.08 163 ~0-60-200 29 ~. HYD~NT, FIRE 5' BURY $1,009.50 169 ~0-62-140 5 ~. HYD~T MAIN V~VE $66,83 Page 6 of 14 Exhibit A BID # 3244 - TWO Year Contract For Water and Sewer Warehouse Inventory D & W Utility Ferguson Water Supply Works Principle Place of Business: Waxahachle, TX McKinney, 3'X 170 340-63~06 ' 5: EA :H~D~3;ExT~NS~N6~ !::i! ~ q~ i~' $197.70 171 349-63-012 9 EA. HYDRANT EXTENSION 12" $232.47 172 349-69-018. '7; :EA: H~DRANTE~r~NSi0t~;18":' ;:;~;::i~'.; ;:;:~.~:;'i : ~::;' ~':' 173 340-63-019 5 EA. HYDRANT EXTENSION 24" $296.05 174 340~63-051 5 ] EA. :HYDRANT'~xTENSi0N:36. ;:: ::::ti': ;;:';; HYDRANT EXTENSION 6" NEW 175 340-63-060 5 EA. S~YLE $197.7~) i78 346~63~0so :: ~':; :EA. :: HgD~N~=~rENSl0N~2"?,i~'!:::~!:.:i~:::'' ::~': HYDRANT EXTENSION 18" OLD 177 340-63-085 5 EA. STYLE $263.19 HYDRANT EXTENSION 24" OLD 179 340-63-140 5 EA, STYLE $296.O5 181 340-63-200 5 EA. HYDRANT MAIN VALVE-WATEROUS $85.00 : : :'-~: - : :::.::':::~.',.~; :::~: ..'. ; ;~; :: ;:::.?; i!, i.'" 183 640-60-330 5 EA. -IYDRANT. # 2 POST 3' BURY $553,00 1,8~7o-3~0~ 4: ;~ EA.:: ~i~E,~APM~' :: ~: :!'::i;i;. $~0.~?! ::~ ; :l~ti .~.9-~0~ !i::::~ :' : ;~::::'P.PE, C^.MU8 ' .:"~:~::~':'~::' :.;i;::~::; ~:;$iS;~ ::ii i:' i 189 670-39-030 5 EA. PIPE PLUG MJ 6" $16.86 190 670~39-040 ~.:23; ' ~. :' PIPEC~MJ8~'; ::;:' ti:;:::'::.: ;': ,$24;9~ .:i! ,:.;:.:!: :f: ~ 193 670-39-070 5 EA. PiPE PLUG MJ 10" $37.82 1988~0~392220 5 : ' E~. dcEEVE,~(5~[D~.J.4~X'lz'~: :: : = :: $2~37 Page 7 of 14 Exhibit A BID # 3244 - Two Year Contract For Water and Sewer Warahouae Inventory D & W Utility Ferguson Water Supply Works Principle Place of Business: Waxahachie, TX McKinney, TX 199 670-39-310 5 ~. ~LEEVE, SOLID MJ 10" X 12" $61.80 201 670~0-200 36 ~. 3END, DUCTICLE 6" X 45 CAST IRON $36.72 3END, DUCTICLE 10" X 45 CAST 203 670~0-300 5 ~. RON $77.84 ;'~' ~ ~. =~ ~ ?':. ~END DUcTi~EI2;X~5'~As~ ~ ~ :::' :::':~":-'~ )END, DUCTICLE 6" X 22 1/2 CAST 205 670~0~00 5 EA. RON $37.45 3END, DUCTICLE 10' X 22 1/2 CAST 207 670~0-~0 5 EA. RON $74.54 209 670-44~30 17 EA. tee, 6X6X6 (MJXF~MJ) $78.21 211 670-58-010 200 EA. 3~ND KIT M.J. 6" $9.~ 213 670-58-030 5 EA. 3~ND KIT M.J. 10" $14.69 215 890~0-000 186 EA. ~OX, VALVE SASE $9.20 3OXVALVE RISER I'W/S~SCREW : · .; $43.57 ~OX VALVE RISER 1 1/2' W/SET 219 670-39-090 5 ~. 31PE PLUG MJ 12" $45.53 221 670-44-335 5 ~. 3LUG, PUSH IN FOR 6" DUCTICLE $28.58 223 670~-350 5 ~. >LUG, PUSH IN FOR 12" DUCTICLE $67.80 225 670~4-360 5 ~. rEE, 1~6X12 (MJXF~MJ) $191.68 Page 8 of 14 Exhibit A BID # 3244 - Two Year Contract For Water and Sewer Warehouse Inventory D & W Utility Ferguson Water Supply Works Principle Place of Business: Waxahachie, TX McKinney. TX SECTION G: 227 460-90-000 5 EA, HOSE, BIB, 1/2" $2.10 229 670:37-020 116 EA, CONNECTOR WATER 3/4" PK-PK-PJ $4.97 231 670-37-060 24 EA. CONNECTOR WATER 1 1/2" PJ-PJ $17.89 233 670-37-150 12 EA. CONNECTOR WATER ELL 3/4" C-1 $6.92 235 670-37-201 535 ~. RESE~ER COPPER 3/4" $24.81 237 670-37-204 20 ~. RESTER. COPPER. 2 X 18" $298,31 239 670-37-210 5 ~, NUT, ~4" SE~ER $4.15 241 670-37-~0 23 EA. COUPLING B~SS, 2" FEMALE $5.47 242 670-37-320 355 ~. CONNECTOR WATER 1" MIP-PJ $4,81 2~ 670-37-~0 166 ~. CONNECTOR WATER 2" MIP-PJ $17.58 252 670-37-620 57 ~. NIPPLE 1" ALL THR~D $0.42 2~ 670-37-670 46 ~. NIPPLE 3/4" X 4" $0.60 Page 9 of 14 EXhibit A BID # 3244 - Two Year Contract For Water and Sewer Warehouse Inventory D & W Utility Ferguson Water Supply Works Principle Place of Business: Waxahachie, TX McKinney, TX 255 670-37-680i ::45 ' ~ EA. IPPLE3/4.X6 , ::.; · : $0i84 256 670-37-690 60 EA. qlPPLE 1" X 2" $0.58 · :: $8J~0 2~ ~ 670-37-775 28 ~, NIPPLE 1 112" X 6" $6.32 266 670-37-802 7 EA. PLUG B~SS3/4" $1.02 268 670-37-810 10 ~. PLUG B~SS 2" $6.45 270 670-37-870 5 ~. REDUCER BUSHING ~4"Xl/2" $0.68 274 67~37-920 12 ~. REDUCER BUSHING 2"X1" $3.32 275 670-37-940 276 670-37-960 24 EA. REDUCER BUSHING 2"X1 1/2" $3.32 Page 10 of 14 Exhibit A BiD # 3244 - Two Year Contract For Water and Sewer Warehouse Inventory VENDOR .,; VENDOR D & W Utility Ferguson Water Supply Works Principle Place of Business: Waxahachie, TX McKinney, TX 284 670-38-260 5 EA, UNION BRASS 1 1/2 $7.80 COUPLING COMPRESSION 3/4" X 5"- 286 679-43-120 16 EA; BP, ASS $15,20 COUPLING COMPRESSION 1 1/2"X5"- 288 670,43-180 12 EA. BRASS $23.15 290 670-43-250 33 EA. COUPLING BRASS 3/4" FEMALE $1.03 292 670-69-000 54 EA, STOP, ANGLE METER 3/4" I.P, $8.88 294 670,-69-003 11 EA. STOP, ANGLE METER 1" I.P. $24.17 296 §70-69-006 5 EA. &NGLE BALL VALVE 2" $58,70 298 679-69-100 258 EA. STOP, CORP. I"PJ W/LOCKNUT $13.46 300 670-69-300 77 EA. STOP. CURB. 3/4" P J-1 $16.56 302 670-89-450 11 EA, STOP, CURB 1" C-1 $24.17 304 879-69-550 42 EA, STOP, CURB 1" I-I $22.55 ~05 8g0-45~0% '72 EA. ~i 3OOlBLihG METER EXPANSION 3/4" .': :. ; : '::~:!: 306 890-45-010 936 EA. ~,DAPTER, METER3/4"X 1" $8.15 308 890-45-040 165 EA. 3OUPLING METER 2 BOLT 2" $41,58 310 890,45-115 226 EA. qlPPLE METER 3/4" X 3" $6.34 312 890,45.140 86 EA. 9IPPLE METER 1" X 2 1/2" $4.24 Page 11 of 14 Exhibit A BiD # 3244 - Two Year Contract For Water and Sewer Warehouse Inventory · ~: VENDOR VENDOR. D & W Utility Ferguson Water Supply Works Principle Place of Business: Waxahachie, TX McKinney, TX 313 8g0;-45-150 53 : EA. , NiPPEEMETER 1'X3, . ~-: ':;:: ' : ; 159.20 314 890-45~160 60 EA. NIPPLE METER 1" X 8 t/2" $14.20 315 890~45-610 :43 EA. RESE-FTER,;~01~pER'~5: :. !: : :::$2692 316 890-45-615 166 LA. RESETTER, COPPER 12" $25.70 330 670-52-950 25 LA. SADDLE, TAP, 8"X2" BRASS $52,00 332 670-52-970 5 EA. SADDLE, TAP, 10"X1" BRASS $56.14 !!!. Page 12 of 14 Exhibit A BID # 3244 - Two Year Contract For Water and Sewer Warehouse Inventory = ~ENDOF~ ::: :: : VENDOR D & W Utility Ferguson Water Supply Works Principle Place of Business: Waxahachle, TX McKinney, TX 342 670-52-998 5 EA. SADDLE, TAP, 16" X 2" CONC CYL $246.87 344 670-58-300 5 EA. GASKET 4 T SLEEVE SIDE GASKET $6.60 346 670-32-302 5 . EA. GASKET 8 T SLEEVE SIDE GASKET $12,25 347:670-32;304 5 ': EA.i~ GASKET12T:SLEEVE§iD~:GA~KET: : r::: :.: :.' i!~:'i:~':~ ?~ :$i2125 348 §70-58-540 5 EA. GASKET 4 TAPPING SLEEVE $18.95 350 670-58-580 5 EA, GASKET 8 TAPPING SLEEVE $28.40 - :."': $2,20 Page 13 of 14 Exhibit A BID # 3244 - TWO Year Contract For Water and Sewer Warehouse Inventory ::'?:VE~DOR~ :: ;ii V~I~DOR' D & W Utility Ferguson Water Supply Works Principle Place of Business: Waxahachie, TX McKinney. TX 369 670-70-080 18 EA. VALVE GATE 1 1/2" $35.70 370 670-70~100 ~ 37 : VALVE GATE 2"-BRASS < "~ ':~:: ,~: -:.$4280 371 670-70-120 51 EA. VALVE, BALL 2" FIP-FIP W/PAD WING $60.75 VALVE GATE FL 3"W~HEEL w/o 373 670-82-000 11 ~. A~sso~es $194.63 375 670-52-888 5 EA. SADDLE, TAP 20"X1" CONCRETE CY[ $365.20 376 670-5e,809 ' 5 ~. SA DEE, TAP 20 Page 14 of 14 CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING AGENDA MARCH 28, 2005 DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, March 28, 2005 at 9:05 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas Street, Denton, Texas. Present: John Baines, Bob Bland, Bill Cheek Phil Gallivan, George Hopkins, Charldean Newell, Dick Smith EX OFFICIO MEMBERS Howard Martin, ACM/Utilities CONSENT AGENDA: 1) Consider approval of an easemem from the City of DeNon, Texas to Verizon Wireless for a 0.0328 acre tract of land, described by metes and bounds, situated in the Mary Austin Survey, Abstract No. 4, in the City of Denton, Denton County, Texas, and being a portion of the Remainder of Lot 1, Block 2 of the Municipal Utility Addition, an addition to the City of Denton, Texas, as recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas. 2) Consider approval of Bid No. 3300 for a Three-Year Comract for Substation Switches from the lowest responsible bidder for each line item. 3) Consider approval of Bid No. 3244 for a Two-Year Contract for Water and Sewer Inventory awarded to the lowest responsible bidder for each section, in the annual estimated amount of $500,000. 4) Consider approval of a Professional Services Agreemem with the law firm of Booth, Ahrens & Werkenthin, P.C., Austin, Texas for legal services related to water rights and water legislative issues in an amoum not to exceed $55,000. Board Member Dick Smith moved to approved the Consent Agenda with a second from Board Member Phil Gallivan. The motion was approved by a vote of 6-0. Note: (Board Member John Baines arrived late and did not have the opportunity to vote on the Consent Agenda). Page 1 of 1 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET April 5, 2005 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Sharon Mays 349-8487 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a three-year contract for the purchase of substation switches for Denton Municipal Electric; providing for the expenditure of funds therefore; and providing an effective date (Bid 3300-Three-Year Comract for Substation Switches awarded to the lowest responsible bidder for each item as listed in Exhibit A). (The Public Utility Board approved this item by a vote of 6-0). BID INFORMATION Electrical switches provide a way for Denton Municipal Electric to connect and disconnect high voltage substation equipment. The switches are designed to handle the continuous flow of electricity through the substation as well as interrupt fault currents when a short circuit occurs on the system. This bid is for substation switches that are used by Demon Municipal Electric (DME) in the construction, maintenance and operation of electric substations. The switches will be used to complete substation projects that have been included in the DME Capital Improvement Project budget. The estimated price for all switches was included in the original substation project estimates. This is a three-year contract with the option to renew for additional one-year periods. Fred Oberlender & Associates and Southern States c/o Preferred Sales have agreed to participate in escalation/de-escalation. All terms and conditions will remain the same, with a maximum price escalation/de-escalation of 5% annually. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utility Board approved this item at its March 28, 2005 meeting. RECOMMENDATION Award of this comract will be to the lowest responsible bidder for each item as listed below. Vendor Pascor c/o Fred Oberlender & Associates, Inc. Pascor Atlamic c/o Fred Oberlender & Associates. Inc. Item Number 13,22 1,3,4,8,10,21,23 Agenda Information Sheet April 5, 2005 Page 2 RECOMMENDATION (CONTINUED) Vendor Southern States c/o Preferred Sales Item Number 2,5-7,9,11-12,14-20,24-25 PRINCIPAL PLACE OF BUSINESS Southern States c/o Preferred Sales Hampton, GA Pascor Atlantic c/o Fred Oberlender & Assoc., Inc. Bland,VA Pascor c/o Fred Oberlender & Assoc., Inc. Forest Grove, OR ESTIMATED SCHEDULE OF PROJECT The bid was structured to provide a three-year agreement because all projects will not be done at the same time. While the bid agreement is intended to provide all the switches needed for the period, the agreement will not require a minimum purchase and the agreement is not exclusive. The agreement can be terminated at any time with 30 days notice. FISCAL INFORMATION Project numbers are assigned for each project and charges are accumulated by the JD Edwards project accounting system. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Bid tabulation 1-AIS-3300 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE-YEAR CONTRACT FOR THE PURCHASE OF SUBSTATION SWITCHES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3300-THREE-YEAR CONTRACT FOR SUBSTATION SWITCHES AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM AS LISTED IN EXHIBIT A). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3300 1,3,4,8,10,21,23 Pascor Atlantic c/o Fred Oberlender Exhibit A and Associates, Inc. 3300 13,22 Pascor c/o Fred Oberlender and Exhibit A Associates, Inc. 3300 2,5-7,9,11-12,14-20,24-25 Southern States c/o Preferred Sales Exhibit A SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract and to extend the contract as determined to be advantageous to the City of Denton which shall be on file in the office of the Purchasing Agent; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~:::':' : " ~.,, 'i 3-ORD-BID 3300 C~/ &/ Exhibit A BID TAB # 3300 Three Year Agreement for Purchase of Substation Switches VENDOR VENDOR VENDOR Pascor c/o Fred Oberlender ~ascor Atlantic c/o Fred Obedendel Southern States % Preferred Sales Principal Place of Business: Forest Grove, OR Bland, VA Hampton, GA Unit Price, FOB Unit Price, FOB Unit Price, FOB site, w/HS Price Deduct site, w/HS Price Deduct site, w/HS Price Deduct ItemEst Qty Description insulators, *Quoted Unit Pric~ insulators, *Quoted Unit Pric~ insulators, *Quoted Unit Price minus the minus the minus the Assembled and Insulators Assembled and Insulators Assembled and Insulators Adjusted Adjusted Adjusted 69kV Switches I 12 72 5kV/350kV BIL 2000A Double End Break Group Operated Switch $8,922.00 $1,947.00 2 6 72 5kV/350kV BIL 2000A Double End Break 'Wee" Group Operated Switch $9,250.00 $2,000.00 3 3 72 5kV / 350kV BIL 1200A Ver[ical Break Group Operated Switch $5,785.00 $1,947.00 4 9 72 5kV/350kV BIL 2000A Vedical Break Group Operated Switch $6,082.00 $1,947.00 5 6 72 5kV/350kV BIL Power Fuse Vedical Mounting $5,048.00 $498.00 6 5 72 5kV/350kV BIL Power Fuse 45 Degree Underhung $5,048.00 $498.00 7 2 725kV/350kV BIL 2000A Load and Line Switcher $13,338.00N/A Deduct to use TR 8 6 725kV Hook Stick Operated 1200A Disconnect $732.00 216 & 265 9 3 725kV/350kV BIL 2000A Center 'Wee" Break Group Operated Switch $5,847.00 N/A 10 3 725kV 350kV BIL Substation Class Grounding Switch $3,764.00 $688.00 138kV Switches 11 6 145kV/650kV BIL 2000A Double End Break Group Operated Switch $10,366.00 $2,990.00 12 6 145kV/650kV BIL 2000A Double End Break 'Wee" Group Operated Switch $10,604.00 $2,990.00 13 3 145kV / 650kV BIL 1200A Ver[ical Break Group Operated Switch $8,090.00 $4,820.00 14 6 145kV/650kV BIL 2000A Vedical Break Group Operated Switch $8,381.00 $2,990.00 145kV/650kV BIL 3000A Vert Break Group Operated Sw 50Beg Rise 14A 6 ~000A EV 2 Switch Option from Southern States) $8,875.00 $2,990.00 15 6 145kV/650kV BIL Power Fuse Ver[ical Mounting $6,702.00 $725.00 16 6 145kV/650kV BIL Power Fuse 45 Degree Underhung $6,702.00 $725.00 17 3 145kV/650kV BIL 2000A Load and Line Switcher $18,369.00 N/A 18 6 145kV Hook Stick Operated 1200A Disconnect $2,976.00 $725.00 19 3 145kV/650kV BIL 2000A Center 'Wee" Break Group Operated Switch $7,034.00 N/A 2O 3 145kV/650kV BIL Substation Class Grounding Switch $4,9O7.OO N/A 21 6 145kV/650kV BIL 3000A Ver[ical Break Group Operated Switch $11,859.00$3,799.00 Motor Operators 22 3 Pastor Motor Operator $3,430.00 N/A 23 3 Pascor Atlantic Motor Operator $2,391.00 N/A 24 3 Southern States Motor Operator $2,785.00 N/A Power Fuses 25 I 6 10Amp PE Type Power Fuse Kit $12OOO/$195OO N/A Vendor wishes to participate in annual pdce escalation and de escalation according to the conditions contained in the Bid Instructions and Conditions? Yes No Yes No No CITY OF DENTON, TEXAS PUBLIC UTILITIES BOARD MEETING AGENDA MARCH 28, 2005 DRAFT After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Public Utilities Board convened into an Open Meeting on Monday, March 28, 2005 at 9:05 a.m. in the Service Cemer Training Room, City of Demon Service Cemer, 901-A Texas Street, Denton, Texas. Present: John Baines, Bob Bland, Bill Cheek Phil Gallivan, George Hopkins, Charldean Newell, Dick Smith EX OFFICIO MEMBERS Howard Martin, ACM/Utilities CONSENT AGENDA: 1) Consider approval of an easemem from the City of DeNon, Texas to Verizon Wireless for a 0.0328 acre tract of land, described by metes and bounds, situated in the Mary Austin Survey, Abstract No. 4, in the City of Denton, Denton County, Texas, and being a portion of the Remainder of Lot 1, Block 2 of the Municipal Utility Addition, an addition to the City of Denton, Texas, as recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas. 2) Consider approval of Bid No. 3300 for a Three-Year Comract for Substation Switches from the lowest responsible bidder for each line item. 3) Consider approval of Bid No. 3244 for a Two-Year Contract for Water and Sewer Inventory awarded to the lowest responsible bidder for each section, in the annual estimated amount of $500,000. 4) Consider approval of a Professional Services Agreemem with the law firm of Booth, Ahrens & Werkenthin, P.C., Austin, Texas for legal services related to water rights and water legislative issues in an amoum not to exceed $55,000. Board Member Dick Smith moved to approved the Consent Agenda with a second from Board Member Phil Gallivan. The motion was approved by a vote of 6-0. Note: (Board Member John Baines arrived late and did not have the opportunity to vote on the Consent Agenda). Page 1 of 1 AGENDA DATE: DEPARTMENT: ACM: AGENDA INFORMATION SHEET April 5, 2005 Materials Management Kathy DuBose ~ Questions concerning this acquisition may be directed to Eva Poole 349-8750 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a comract for library shelving end panels and coumertops for the DeNon Public Library System; providing for the expenditure of funds therefore; and providing an effective date (Bid 3305-Library Shelving End Panels and Countertops awarded to the Asmar Custom Cabinets, Inc. in the amount of $32,465.20). BID INFORMATION This acquisition is for the shelving end panels and coumertops for the Emily Fowler Library renovation. The architectural firm, Booziotis and Company, created specifications to match existing end panels at the North Branch Library. This will allow the City to move sections, shelving, and end panels from one branch library to another. The end panels are necessary to support the shelving previously approved by Council on December 7, 2004. The countertops were also designed by the architect and are intended to match the interior design of the Emily Fowler Library cabinetry. RECOMMENDATION Award all items to the lowest responsible bidder, Asmar Custom Cabinets, Inc., in the amount of $32,465.20 PRINCIPAL PLACE OF BUSINESS Asmar Custom Cabinets, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT The estimated installation date is April 15, 2005. FISCAL INFORMATION The end panels and coumertops will be funded from project accoum 100080445.1365.40100. Agenda Information Sheet April 5, 2005 Page 2 Attachment 1 :Bid Tabulation 1-AlS-Bid 3305 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Bid: 3305 Attachment 1 Date: 2/24/2005 Library Shelving End Panels & Countertops ~ Automated . ~ Office & Library Design Cultural Asmar ~ Industrial Systems, Inc. Surroundings _ ,C. us.torn. Systems, Inc. L. aD~nets, inc. Principle Place of Business: El Paso, TX Houston, TX Dallas, TX Dallas, TX I TOTAL BASE BID $54,830.00 $47,412.93 $52,922.50 $32,465.20 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR LIBRARY SHELVING END PANELS AND COUNTERTOPS FOR THE DENTON PUBLIC LIBRARY SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3305-LIBRARY SHELVING END PANELS AND COUNTERTOPS AWARDED TO THE ASMAR CUSTOM CABINETS, INC. IN THE AMOUNT OF $32,465.20). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 3305 Asmar Custom Cabinets, Inc. $32,465.20 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be on file in the office of the Purchasing Agent; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION 4. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this __ day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~:::':' : " ~.,, 'i 3-ORD-Bid 3305 [~/ D' AGENDA INFORMATION SHEET AGENDA DATE: April 5, 2005 DEPARTMENT: Airport and Transit Operations ACM: Jon Fortune, Assistant City Manager SUBJECT Consider an ordinance of the City of Demon authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Acceptance of an offer from the Texas Department of Transportation relating to a grant for construction services to construct a corporate apron and stub taxiway at the airport; authorizing and directing the City Manager to expend funds provided for in the gram program; and declaring an effective date. (TxDOT Project No.: AP DENTON (; and TXDOT CSJ No.: 0518DENTO). The Airport Advisory Board unanimously recommends approval of this project (5-0) BACKGROUND As part of cominued airport developmem and following recommendations outlined in the 2003 Airport Master Plan, TxDOT is offering an opportunity to receive grant funds to be applied to the construction phase of the Taxiway Realignmem and Apron Expansion Project. The Demon Airport has been scheduled in the TxDOT FY 2005 CIP for a gram project relating to the parallel realignment of the taxiway, taxiway lighting enhancements, drainage enhancements and the expansion of the north terminal apron. This will be a 90:10 match for the majority of the project where the local sponsor, City of Denton, will fund 10 percent of the total construction costs. A componem of the project will be a 50:50 gram match. TxDOT, Aviation Division staff has approved separating the construction phase of the Apron Expansion Project from the Taxiway Realignmem Project. Engineering and design work is completed on the Apron Expansion Project, however an additional 90 days may be required to finalize the engineering phase of the Taxiway Realignmem Project. To maimain project schedules, avoid weather delays and to meet commitments to private development along the proposed apron expansion (JetWorks Aviation), TxDOT and Airport Staff have agreed to separate the two projects. TxDOT and KSA Engineers, the engineering and consulting firm for the project, have generated a preliminary cost estimate for the construction of the base bid on the project at $974,600. The City's estimated 10 percem share for this phase of the project will be $97,460. An additional $51,250 is estimated should the Airport and TxDOT elect to utilize concrete rather than asphalt. TxDOT will only participate at a 50/50 match level for concrete expenses above the base bid for asphalt. The request for concrete on the apron construction has been made based on concrete's longer life cycle pursuant to maintenance and replacement. Additionally, the apron area in question will be subject to significam fueling operations where minor fuel spills can breakdown asphalt and undermine the imegrity of the pavemem. Finally, tugging and maneuvering of heavy aircraft can cause damage to the asphalt wear surface. PRIOR ACTION/REVIEW The Airport Advisory Board has been briefed and unanimously recommends approval of the proposed ordinance. Staff recommends approval of the proposed ordinance to accept the offer. ESTIMATED SCHEDULE OF PROJECT If approved by the Texas Transportation Commission on March 31, 2005, TxDOT will request the City of DeNon to emer imo an Airport Project Participation Agreemem in April 2005. TxDOT will bid the project in April and construction should begin within 60 days of bid advertisement. FISCAL INFORMATION This is primarily a 90:10 match grant project with a minor portion of the project covered by a 50:50 match. TxDOT, Aviation Division and KSA Engineers have estimated the construction costs at $974,600 for the base bid and an additional $102,500 estimate for concrete construction on the apron expansion as a bid alternate. The $974,600 will be a 90:10 match, $97,460 local, and the additional $102,500 will be a 50:50 match or $51,250. The City of DeNon will be responsible for a total estimate of $148,710 on total estimated project costs of $1,077,100. TxDOT is requesting the City certify funding in the amoum of $148,710 is available for estimated construction costs. The Airport currently has $237,000 available in CIP Bond funds idemified for this project. EXHIBITS Ordinance Grant Agreement Respectfully submitted: Mark Nelson, Director Airport and Transit Operations S!\Our Doeuments\Ordinances\05\TxDOT Airport Maintenance Grant 2005.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT FOR CONSTRUCTION SERVICES TO CONSTRUCT A CORPORATE APRON AND STUB TAXIWAY AT THE AIRPORT; AUTHORIZING THE C1TY MANAGER TO EXPEND FUNDS PROVIDED FOR IN THE GRANT PROGRAM; AND DECLARING AN EFFECTIVE DATE (TxDOT Project No.: AP DENTON 9; AND TxDOT CSJ No.: 0518DENTO). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S.EC,_TID/~U_ The City Manager of the City of Denton, or his designee, is hereby authorized to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for certain construction services for a corporate apron and stub taxiway, a copy of such grant being attached hereto and made a part hereof for all purposes (the "Grant Agreement"). SECTION 9. The City Manager is hereby authorized to expend such funds as are provided for in the Grant Agreement. ~qEC, TIONJ q~ This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: t3 'ir. TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted Airport Development Grant) TxDOT CSJ No.: 0518DENTO TxDOT Project No.: AP DENTON 9 TxDOT Contract No.: 5XXAV084 Part I - Identification of the Project TO; The City &Denton, Texas FROM: The State of Texas, acting through the Texas Department &Transportation This Agreement is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the City of Denton, Texas, (hereinafter referred to as the "Sponsor"). The Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinalter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon Supp). The project is described as follows: construction services to construct corporate apron and stub taxiway at the Denton Mm~icipal Airport as approved by the Texas Transportation Commission on March 3 I, 2005. Thc Sponsor applies for federal financial assistance and desires the State to act as the Sponsor's agent in matters connected with the project described above. The parties, by this Agreement, do fix their respective responsibilities, with reference to each other, with reference to the accomplishment of the project and with reference to the United States. Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in the Airport Project Participation Agreement and its acceptance of this Offer as provided, m~d (b) the benefits to accrue to the United States and the public from the accomplishment of the project and compliance with the assurances and conditions as herein provided, THE TEXAS DEPARTMENT OF YRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the project, ninety I of 26 percentum of all allowable project costs. This grant is made on and subject to the following terms and conditions: Parl Ii - Offer of Financial Assistance The allowable costs of the project shall not include any costs determined by the State to be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon Supp). It is estimated that construction project costs will be approximately $1,077,100.00 (Amount A). It is fiarthcr estimated that approximately $974,600.00 (Amount B) of the project costs will be eligible for federal financial assistance, and that federal financial assistance will be for ninety percent (90%) of the eligible project costs. It is further estimated that approximately $102,500.00 (Amount C) of the project costs will be eligible for federal financial assistance, and that federal financial assistance will be for fifty percent (50%) of the eligible project costs. Final determination of federal eligibility of total project costs will be determined by the State in accordance with federal guidelines following completion of project. The maximum obligation of the United States payable under this offer shall be $928,390.00 (Amount D). This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as listed on page one or'this agreement. It is the intent of the State to provide funding to complete the approved work items of this grant and not to amend the scope of work to include items outside of the current determined needs of this project. Scope of work may be amended as necessary to fulfill the unforeseen needs of tkis specific development project within the spirit of the approved scope, subject to the availability of state, federal, and/or locfl funds. It is estimated that the Sponsor's share of the total project costs will be $148,710.00 (Amount E). The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the t~deral share (Amount D). It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State in behalf of the Sponsor which are in excess of the federal percentage of financial participation as stated in Paragraph II-2. The State shall refund to the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor. If there is an overrun in the eligible project costs, the State may increase the grant to cover the amount of overrun not to exceed the statutory twenty-five (25%) percent limitation, and will advise thc Sponsor by amendment of the increase. Upon receipt of 2 of 26 the aforementioned amendment, the maximum obligation of the United States is adjusted to the amount specified and the Sponsor will remit their share of the increased grant amount. Participation in additional federally eligible costs may require approval by the Texas Transportation Commission. The State will not authorize expenditures in excess, of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. Payment of the United States share of the allowable project costs will be made in accordance with thc provisions of' such regulations and procedures as the State and the FAA shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or dOwnward adjustments to the Federal share of costs. Sponsor's share of project costs (Amount E) shall be paid initially in cash when requested by the State. At project closeout, Sponsor will be reimbursed for any credited amounts that exceed Sponsor's share. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs as stated. The Sponsor grants to the State and federal government the right, upon advance written request during reasonable and regular business hours, to audit any books and records o~' the Sponsor to verify the funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project. Following the execution of this Agreement and upon written demand by the State, the Sponsor's financial obligation (Amount E) shall be due and payable to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay said obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-7. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. PART III - Sponsor Responsibilities In accepting the Agreement, the Sponsor guarantees that: a. it will comply with the Attachment A, Certification of Airport Fund, attached and made a part of this agreement; and b. [t will comply with the Attachment B, Certification of Project Funds, attached and made a part of this Agreement; and 3 of 26 it will comply with the Attachment C, Airport Assurances (9/99)(State Modified 9/99), attached and made a part of this Agreement; and it will in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with thc federal grant; and the Airport or navigational fac ility which i s the subj ecl o f th i s A grccm en t sh al I be controlled for a period of at least 20 years, and improvements made or acquired under this project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of said improvements, not to exceed 20 years; and consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without unjust discrimination between such types, kinds and classes and shall provide adequate public access during the term of this Agreement; and it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraf~ sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and it shall not permit non-aeronautical use of airport thcilities, unless noted on an approved Airport Layout Plan, without prior approval of the State/FAA; and it shall not cnter inlo any agreement nor permit any aircraft to gain direct ground access to the Sponsor's airport from private property adjacent to or in the immediate area of thc airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and it will acquire all property interests identified as needed for the purposes of this project and comply with all applicable state and federal laws, roles, regulations, procedures, covenants and assurances required by the State of Texas or thc FAA in connection with the federal grant in the acquisition of such property interests; and that airport property identified within the scope of this project and Attorney's Certificate ~f Airport Property Interests shall be pledged to airport use and shall. not be removed from such use without prior written approval of the State; and the Sponsor shall submit to the State annual statements of airport revenues and expenses as requested; and 1. all fees collected for the use of an airport or navigational facility constructed with 4 of 26 funds provided under the program shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the Sponsor's system of airport(s) or navigational facility(ires). Sponsor shall not be required to pledge income received from the mineral estate to airport use unless state and/or federal funds were used to acquire the mineral estate of airport lands or any interests; and mt an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fired shall be submitted to the State. Such fund may be an account within another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All ~es, charges, rents, and money fi.om any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport or airport system purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and the Sponsor shall operate runway lighting at leasl at low intensity from sunset to sunrise; and insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided ia Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and Vernon Supp,). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless Sponsor can show that acquisition and retention of such interests will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State; and it wilt provide upon request of the State, the engineering or planning consultant, and the FAA copies of any maps, plans, or reports of the project site, applicable to or affecting the above project; and after reasonable notice, it will permit the State, the FAA, and any consultants and contractors associated with this project, access to the project site, and will obtain permission for the State, the FAA, and consultants and contractors associated with this project, to enter private property for purposes necessary to this project; and 5 of 26 all development of an airport constructed with program funds shall be consistent with the Airport Layout Plan approved by the State and maintained by the Sponsor. A reproducible copy of such plan, and ail subsequent modifications, shall be filed with the State for approval; and it shall take all steps, including litigation if necessary, to recover funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal and State funds have been expended. For the purposes of this grant agreement, the term "funds" means funds, however used or disbursed by the Sponsor or Agent that were originally paid pursuant to this or any other: grant agreement. It shall obtain the approval of the State as to any determination of the amount of such funds. It shall return the recovered share, including funds recovered by settlement, order or judgment, to the State. It shall furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the funds or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such funds shall be approved in advance by the State. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years, prior to the advertisement for bids for such construction or procurement of facilities that are part of the above project, and within the time frame of the project, a sufficient interest (easement or otherwise) in any other property which may be affected by the project. o The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, thc State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result o£ such activities by the Sponsor, the Sponsor's agents or employees. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement incorporated shall be evidenced by execution of this instrument by the Sponsor, as provided, and the Agreement shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Such Agreement shall become effective upon execution of this instrument and shall remain in full force and effect for a period of at least 20 years. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified above as defined in Title 49 U.S.C. S!~onsor agrees to assume responsibility for operation of the facility in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any 6fif 26 other directives before, during and after the completion of this project. The Sponsor shall have on file with the State a current and approved Attorney's Certificate of Airport Property Interests and Exhibit A property map. The Sponsor shall have on file with the State, Attachment D, Certification Regarding Drug-Free Workplace Requirements, attached and made a part of this agreement. Unless otherwise approved by the State, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project fbr airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. Except for instrument landing systems acquired with AlP funds and later donated to and accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment. The sponsor must check the facility, including instrument landing systems, prior to commissioning to ensure it meets the operational standards. The Sponsor must · also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable; and mark and light the runway, as appropriate. The Federal Aviation Administration will not take over the ownership, operation, or maintenance of any sponsor-acquired equipment, except for instrument landing systems. 10. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform to the provisions in Attachment E "Pavement Maintenance Management Program", attached and made a part of this agreement. 11. The Sponsor may utilize paving specifications meeting State Highway criteria for runways at non-primary airports with lengths up to 5,000 feet and serving aircraft not exceeding 60,000 pounds gross take-off weight. The sponsor agrees not to request additional AIP funds for reconstruction or rehabilitate of pavement construct utilizing State specification for 10 years from pavement acceptance. Part IV- Nomination of the Agent The Sponsor designates the State as the party to apply for, receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 7 of 26 The State agrees to assume the responsibility to assure that all aspects of the grant and project are done in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise specifically provided. The State shall, for all purposes in connection with/he project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: Receiving Disbursing Agent: a. apply for, accept, receive, and deposit with the State Treasury any and all project funds granted, allowed, and paid or made available by the State and/or the United States under Title 49 U.S.C. and congressional appropriation made pursuant thereto, and the Sponsor; receive, review, approve and process Sponsor's reimbursement requests for approved project costs; and pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs incurred by the Sponsor that are in excess of the Sponsor's share. Paying Agent: d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with State executed contracts; Contracting Agent: e. advertise for professional engineering and/or planning services for, but not limited to, the preparation of planning studies, plans and specifications tbr the above project and for the management of the construction of the above project; certify consultant selection procedures; provide notification of contract award for professional services; and negotiate professional services fees; and execute, on behalf of the Sponsor, a professional services agreement as related to this project; administer Disadvantage Bushaess Enterprises (DBE) and/or Historically Underutilized Business (HUB) Programs in accordance with federal and state regulations. Contract Management Agent: g. exercise such supervision and direction of the project work as the State reasonably finds appropriate. Where there is aa irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor, any engineer, contractor, or materialman, the State shall issue a written order, which shall prevail and be controlling; coordinate and review project plans, specifications and construction; coordinate and conduct progress and final inspections. 8 of 26 Construction i. Phase: authorize the advertisement, receipt and opening of bids for construction of the above project; and award contracts for construction of the above project and acquisition of materials related to it; and execute, on behalf of the Sponsor, construction contracts as related to this project; participate in pre-bid and pre-construction conferences; and issue orders as it deems appropriate regarding construction progress, including but not limited to Notices to Proceed, Stop Work Orders, and Change Orders; review, approve and main 'rain record drawings. PART V - Recitals The State and Sponsor shall obtain an audit as required by federal or state regulations. The Sponsor, and not the State, shall be the contractual party to all construction and professional service contracts entered into for the accomplishment of this project. The power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of Agent, is a limited power to perform acts in connection with airporl improvements as specified in or necessitated by this Agreement. The Sponsor agrees to pursue and enforce contract items, which are required by federal and/or state regulations, laws and orders to insure satisfactory performance of contract vendors. Such items include, but are not limited to, bid bonds, payment bonds, and performance bonds. Pursuit and enforcement o f contract items may require litigation and other remedies of law. The United States and the State of Texas shall not be responsible or liable for damage to property or injury to persons, which may arise from, or be incidental to, compliance with this grant agreement. This Agreement is executed for the sole benefit of the contracting parties and is not intended or cxccutcd for thc direct or incidental benefit of any third party. Furthermore, the State shall not be a party to any other contract or commitment, which the Sponsor may enter into or assume, or have entered into or have assumed, in regard to the above project. If the Sponsor fails to comply with the conditions of the grant, the State may, by written notice to the Sponsor, smspcnd thc grant [n whole or in part. The notice of suspension shall contain the following: The reasons for the suspension and the corrective action necessary to lift the 9 of 26 10. suspension; b. A date by which the corrective action must be taken; Notification that consideration will be given to terminating the grant after the corrective action date. In the case of suspension or termination, the Sponsor may request the State to reconsider the suspension or termination. Such request for reconsideration shall be made within 45 days aRer receipt o1' the notice of suspension or termination. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V~T.C.A. Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the Airport Zoning Act, Tex~ Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and Vernon Supp/). Faiture to comply with the terms of this Agreement or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. Of primary importance to the State is compliance with the terms and conditions of this Agreement. If, however, after all reasonable attempts to require compliance have failed, the State finds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this Agreement, the State may pursue any of the following remedies: (1) require a refund of any money expended pursuant to the Agreement, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any money expended on the project pursuant to the Agreement, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as · otherwise provided by law, (4) declare this Agreement null and void, or (5) any other remedy available at law or ia equity. Venue for resolution by a court of competent jurisdiction of any dispute arising under thc terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties in Travis Counvy, Texas. The State reserves the right to amend or withdraw this Agreement at any time prior to acceptance by the Sponsor. The acceptance period cam~ot be greater than 30 days after issuance unless extended by thc State, which extension shall not be unreasonably denied or delayed. This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon thc Sponsor and the State (including §§5 and 7 10 of 26 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport Project Participation Agreement shall be evidenced by execution of this instrument by the Sponsor. Ihis Offer and Acceptance shall comprise a Grant Agreement, as provided by the Title 49 U.S.C., constituting the contractual obligations and rights of the United States, the State of Texas and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided. 12. Thc state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. l l of 26 Part VI - Acceptance of the Sponsor The City of Denton, Texas, does ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreement, and does accept the Offer, and by such acceptance agrees to ail of the terms and conditions of the Agreement. Executed this day of ,20 The City of Denton, Texas Sponsor Wimess Signature Sponsor Signature Wimess Title Sponsor Title Certificate of Sponsor's Attorney 1, Ed Snyder , acting as attorney for City of Denton Texas, do certify that I have fully examined the Agreement and thc proceedings taken by the Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by the Sponsor, is in accordance with the laws of the State of Texas. Dated at Denton ., Texas, this 29th IVlarch Witnes~ Signatur~ fi-) petSomc}/Signature Wil~ness Title ,.) ~.a ~ _, 20 05. 12 of 26 Part Vii - Acceptance of the State Executed by and approved for thc Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: Date: 13of 26 ATTACHMENT A CERTIFICATION OF AIRPORT FUND The Sponsor does certify lhat an Airport Fund has been established for the SP°nsor, and that all fees, charges, rents, and money From any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balaaces in the account are discernible from other types of moneys identified in the fund as a whole. The City of Denton, Texas (Sponsor) By: Tifle:...Asgigt~nt C~ tv t~;anagor Date: 14 of 26 ATTACHMENT B CERTIFICATION OF PROJECT FUNDS TxDOT Contract No.: 5XXAV084 TxDOT CSJ No.: 0518DENTO The Sponsor does certify that sufficient funds to meet the Sponsor's share of project costs as identified in the Airport Project Participation Agreement for said project will be available in accordance with the schedule shown below: SPONSOR FUNDS Source Amount Date Available ~004 C.O Bonds $237,988 May 1, 2004 The Sponsor, has caused this to be duly executed in its name, this ,20 day of The City of Denton, Texas (Sponsor) By: Title: }ssistant City Manager 15 of 26 ATTACHMENT C PAR'I V ASSURANCES Airport Sponsors General. These assurances shall he complie3 w[ih in the purlbrmam:e of grant agreements for airp~rl development, airpuri p]manlng, and noise compatibility program grant~ for airport spo~mom. These assurances are required to be submitted as part of the projucl Airport Projecl Participation Agreemant (herainafter referred to as "APPA") by sponsors rcqucsting funds under thc provisions of Title 49, U,S.C,, subtitle VII, as aracndcd. As u~d herein, thc term "public agency sponsor" means a !~ublic agency wilh control ufa public-usc airport; thc term "private sponsor" means a private owner ufa ptlhlic-t[~e airlmr[; and the term "sponsor" includes both public agency sponsors anti private sponsom. Upon acceptance of the grant ~ffer by the sponsor, thc~e assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. Airport development or No[se Compatibility Program Projects Undertaken b:y a Public Agency Sl~nsor, The t~nna, uondilions and assurances of the grant agreement shall remain in full force and effect ~.hrough0nt thc useful life 0fthe facilities developed or equipment acquired for an airporl develupmenl or noise compatibility program project, or throughoul the useful life of the project items installed within a facility under a noise compatibility program project, but it] any event not to c xcecd twenty (20) years fi'om thc date of acceptance of a grant offer of Federal funds for the project. However, them shall be no limit on thc dataline of the assurances regarding Exclusive Rights and Ak'port Revenue so long a3 the airport [s used as an airport. There shall be no limit ~m the ~lumtilm nfthe teems, conditions, and assurances with respect to real properly acquired with federal funds. Furthennom, the duration of the Civil Rights assurance shall be specified in the assurances. Airport Dcvelopmcni or Nois~ Compatibility Prelects Undertaken by a Private Sponsor, Thc prcccdlng paragraph I a]~o applies to a private sp~msor except that the aseful litk: of project items installed within a i:aciliry or the useful life of ~he facilities developed or equipmeut acquired m~der an airport development or noise compatibility pa>gram project shall be no tess than ~en (10) years fi~om the da~e of acceptance of Federal aid for the project. Airport Planning Underta~n by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 ia sectit~n C apply to planning projects. Thc tums, conditions~ and assurances ortho grant agreement shall remain in full rome and effect during the l if~ of thc project, C. Sponsor Certification, The sponsor hereby assures and certifies, with respect to this grant that: General Federal Requirements. [t will crumply with all applicable Federal laws, rope]aliens, executive oTders:, policies, guidelines, and requirements as they re[ate to the project, acceptance and ase of Federal funds for this project including hut not limire~ to the following: F~d~ral Legisla~ion a. Title 49, U.S.C., subtitle VII, as amended. b. Davis-Bacon Act - 40 U_S.C. 276(a), et seq? ¢. F~xleml Fair Lulmr Standards Act - 29 U.S.C. 5'01, el ~q. d. Haleh Act - 5 U.S.C. 1501, et scq? c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, ~t seq_t~ f. Nmional Historic PreserYadou Acl of 1966 - Seclion 106 - 16 U.S-C- g. Amheological aud Historic Pres~rvatiun Act tlr 1974 - 16 U-S-C. 469 through 469e. h. Nalive Americans Grave Repatriation Act - 25 U.$.C. Section 3001, et seq. i. Clean Air Ac't, P.L. _t~-148, as amended. j. Cassini Znne Management Act, P.l... 93-205, as amended. k. Flood Disasler 1Noteetion Act of 1973 - Section l O2(a) - 42 U.S.C. 4012a? ]. Title 49 ,U.S.C, Section 3(}3, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. Civil Rights Act of ] 964 - Title VI - 42 U.S_C_ 2000d ~hrough d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et p. American Indian R¢lisi0us Freedom Act, P.L. 95-341, as amended. q. Ambiteemml Darriet~ Act of 1968 -42 U.S.C. 415 I, et sea.~ r. Puw~r plant and Industrial Fuel Use Act of 1978 - Section 403- 2 ti.S.C. 8372.. s. Contract Work Houm and Safety Slandards Acl - 40 U,8.C. 327, et t. Copeland Antikickback Act - 18 U.S.C. 874. ~ u. Nation&l Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.~ Wild ~nd Scenic Rivers Aec. P L. 90-547, as amended. w. Single Audil Ant of 1984 - 31 LLS.C. 7501, et Se~l? Drag-Free Workplace Act of 1988 - 41 U.S.C. 702 timmgh 706. Executive Orders Exocutive Order I 1246 - Eq ual Employment L]ppommity ' Executive Order I 1990 - Protection of Wetlm~ds 16 of 26 Eaocnli~e Order 11998 Flood Plain Management Executive Order 12372 - IntergnYernmental ~view of' Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally ^ssisted New Buildin§ ComtructJon ' Executive Order 12898 - Environmental Justice of acq. uimd. Federal Regulallens 14 CFR Part 13 - Investigative and Enl~reemenr Proeodurcs. 14 CFR Part 16 - Rules of Practice For Federally Assisled Ai,'porl En ['ortmmcnt Proceedings. 1.4 CFR Part 150 - Airport noise compatibility planning. 29 CFR Part I - Procedures for predetermination of wage mtcsJ 29 CFR Pad 3 - Cunmlctors and subcontractors on public building ur public work financed in whole ur part by loans or groats from thc Coiled Statcs.] 29 CFR Part 5 - Labor standards provisions applicable to contra~ts covering federally financed and assisted construction (also labor standards provisions applicable to non-eons~ruction contracts subject to the Contract Work Hours and Salary S~;andards At:l)? 41 CFR Part 60 - Office of Federal Cataract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal und Federally assistL~ cunt[soling requirements)_~ 49 CFR Part 18 - Uniform adminiskative r~quirements for STunts and cooperative agreemenLq ~o state and local gOvCtTtlT~CntS? 49 CFR Part 20 - New restrictions on lobbying. 49 CFR Part 21 - Nondiscrimination in f'txlemlly-assisted programs of the Department of Tmnsp~natkm - cffe¢tuation of Title VI of the Civil Rights Act of 1964. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part 24 -Unitbrm relocation assistance and real property acquisition tbr Federal and fe~lemlly assislnd programs.t z 49 CFR Part 26 - Participation By Disadvantaged Baslness Enterprises in Department of Transportatlon Programs. 49 CFR Part 27 - Nondiscriminalkm rm the bi,sis ef handicap in programs and activities recei vine or benet'iLing from Federal finaneLal assistance,t 49 CFR Part 29 - Government wide debarment and smpension (non-procurement) and govcrnmenl wide recluirement~ for drug-free workplace (grants). 49 CFR Part 31) - Denial of public wod~s contracts to suppliers of goods and services of countries that deny procurement market access to U.S. eontractor~. 49 (_'.FR. Purl 41 - geismi,z ~lbty ~FFedeml mid li~demlly ossified or rose[sled sew building uum;tn~ctiun.~ Office of Management and Budget Cir, ulars a. ,4.87 - Cost Principles Applicable to Gmara and Contracts with Stare and Local Governments. b. A-133 - Audits of States, Local Go~¢mn~ents, m~d Nou-ProfiI Orgmfizations (i) These laws do not apply m airport planning sponsors. (2) These laws do not apply m private sponsors_ (3) 49 CFR Pad Ig end OMB Circular ^-87 contain mquiremenL~; h~r State anti Local t]ix~vemmenL'~ r*cciving Federal assistance, Any requirement Icvi~ upm~ Stato and Local Oovoramonts by this rcgulation and circular shall also bc applicable to private sponsor~ receiving Federal a~istance under Title 49, United Stales Code. Specific assurance~ required to be h~cl, uded in grm~t agreements by any of the above laws, regulations or cbculam arc incorporamd by reference in thc gram agrccmem. Rt'sponslbillt~' and Authori~ of the Sponsor, a. Public Agency Sponsor: Ii has [cgal authority m apply for lhe gmnL aud lo ~nance and ca~y ont Ibc propos~ project; ~at a mmlafion, motion ~ similar actio h~ ~n duly adopted or pas~ ~ an official act of the ~plicant's governing b~y ambo~zin8 thc filing of thc APPA, including all uad¢~mdings ~d ~sumnccs contam~ lherein, and d~ing aaa aut~nzmg ~he ~mon ideal,tied ag i~ official repres~tative of me applicant to act in connectirm with the APPA and m provide such mlditiunal info,alien ~s my ~ required b. Pfiva~ S~nsor: tt has legal aathod~ to apply for thc grant and to fi~ncc ~d ca~ Out the proposed prcj~t and comply with all tc~s, conditions, and assu~nccs o~thls ~nt a~cmcnt. It shall designate an official ~resemmive and shall in writing direct and autho~ze ~hat ~son to file this APPA, including all nnde~tandings ami assurances ~mmined lherein; ta acl in connection with this h PPA; and to provide such additional infomation as may be required. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by thc I_Jnited Sro;cs. It as sufficient funds availahlc to assure operation and maintenance at'items funded nnder the grant agreement which il will Dwn or etmtrul. Good Title. a. It, a public agency or thc Federal govcmmcm, holds good title, 8atJsl~ctory Ia the Secretary, to thc landing area the airport nr site theruo?~ i~r will give .assurance ~ti~Pm:lt~ry ti* the Secretury that gorxl title will be 17of 26 11. For anise compatibility program projects to be cartscd out on ibc property of thc sponsor, it holds good title satisfactory tt~ Ihe Secretary to that ~mion 131'the properly upcm which Federal funcLs will be expended or will give: ~$urang¢ to the ~{a:~ctary that good title will be obtained. Preser~ing Rights and Pewees. a. It will not take or pennil any action which would operate lo deprive iL of arty of thc righ£s and ~wcrs to pcffo~ any or all of the te~s, conditions, and ~sur~ces in ~e ~t a~cmcnt wi~out the writes app~ova~ or,he Sccreta~, ~d ~ill ~et promptly m acquit, extinguish ar m~i~ any outstanding rights ar claim.'; of fight nf othe~ ~hieh would inleffere with such ~ffo~onca hy the sponsor_ This shall ba dona in n m~mor acceptable to thc Sccrclar~. b. h will not sell, I~e, encumber, or o~ise tryster er disuse of~y pan ~f i~ lifle or other inte~sm in ~e pm~ shown on ExhibR A to this APPA eL for a noise compatibili~ pro.am pro, cut. that ponies or,he pm~rly u~an which Federal fund~ huv~ ~en exp~d~ for Ihe duratkm of the 1e~% conditi~ms~ and ~sumnc~s in ~h~ gr~t a~mcnt withoul ~ppmval by fl~ S~m~. If the tr~sfem~ is found by th~ to bc cligible under Title 49. United Sta~s Code, to ~u~ the o~ligafions of thc 8r~t agreemcm ~d m have the ~wcr, a~hofiW, and financial msou~eg to ea~ out all seth obligalions, the s~n~r shall inse~ in com~t or d~umcal trmzsf¢rriag or disposing af Om spot~Ps inlcrcst, and i~ka binding upon the transferee all of Iht tc~, conditions, and a~urances ~atained la this Sr~t a~¢mcnt, c, For all noise compatibfli~ proem projects which ~ m ~ ca~cd out by a~mhcr unit of t~al govcmmcm or am on properly i~wned by u unit nf ~n~l government other than the sponsor, it will ~nt~r into an agr~ment wilh that g~v~mm~nt. Except ~ o~i~ s~cifi~ by ~ S~mla~, that ag~cm~nt shall obligate that go.remit to ~c samc tc~s, condMons, ~d assurances t~ would ~ applicable to it tflx applied ~i~ctly t0 thc FAA for a gr~t m unde~lke ifc noi~ compatibility pr<]~]m project. ~at a~anl ami chang~ thereto mum safisfamow to the Secmta~. [I will rake steps to enforce fids agreement against fl~e I~al govammeut if~]ct¢ subs~fal non-~mpliance wi~ ~ le~ of the a~ment. d. ~or anise ~m~bili~ program pmj~ts to ~ ca. cd out on privately o~ p~. it wilt ~ter into an - agmcm¢ut with thc owner oflhat proi~y whidt inctu~s pm?isim~s spccifi~ by tim S~rctary. It will take steps to cnfo~ this a~¢nt against ~h~ p~p~y o~cr whcnevcr there is subs~nfial non-c~pliancc with thc tc~ of thc ag~cmcnt. ]l'lhe s~nsor is a private sponsor, il will lake st~s siLlislhcto~ Io th~ gecrelary lo ensure thai the ai~rl will ~ntin~ ~o function ~ a public-u~ ai~ofl in accordance with these ~sumnces for the duration of these If an ~ungement ia made for managcmcmt and o~ration of the ai~o~ by ~y agony or p~rson sl~nsor or an empby~ of the s~nsm, the s~ns~r will reseme sufficient rights mM authm'i~ to insm-a that the aiw~ will be o~rated and mnta~ in ~cordancc Title 49, Udted States C~¢, the repletions ~d te~a, conditions and assurances in the grant ag<cm~t and shall i~um that such a~angcmem also requires cornplian~ Iherewidh. Consistency with Local Plans. Thc project is reasonably consistent with plans (existing at the time of submission of this APPA) oflaublie ageneles that are amhorized by the State in which the pro.inet is located to plan for the development of the area surrounding the aiqmrt. Consideration 0f Local Interest. 1, has given fair consideration to thc interest of communities in or near where thc projcm inay b~ Ioeal~xl. Consultation with Users. In making a decision t~ undertake any airport development project under Tide 49, United States Code, it has undertaken reasonable consultations with affected partiea using the airport at which project is proposed. P.~bltc Hearings. In projects involving the location cffan airpo~ an M~o~ runway, or a major runway extension: it has affoMod the oppo~ni~ for public he~ings for the pu~o~ of comidefiag the e~nomi¢, s~ial, and environmental of the ~i~o~ or runway location ~d iB consisleney wkh goals and o~jcctivos of such planning ~ h~ ~cn ca~ied out by the ~mmunily and it shall, when r~ucsled b~ lhe ~$ecrcm~, submil a copy of she imnscr~pt oFsueh hearin~ ~o thc Secm~. Fu~her, for such projects, it Ms on iU ~agcment ~a~ either voting representation fr~ thc cmmunitias whom thc project is ioca~cd or h~ advised thc communities that they have Iht ~t m p¢ition thc $c¢~m~ comcming proposed project Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide £or thc Governor of thc state in which the project is located to certify [n writing to the Secretary that thc project will be 10eared, de~ig~ed, conatmetod, ,md operated so aa t0 comply with applicable air and water quality standards. [n any c~qe where such staadmxls have not been approved and where applicable air and water quality standards have heea promutgated by the Administrator of lbo Environmental Proleetion Agency, certification shall be obtained from such Administrator. Notice of ¢crtificatlon or refusal to certify shall be peovided wilhin sixty days after thc project APPA has been received by the Secretary. Pavement Preventive Maintenance. With r~pcct to a pro[ecl approved after laauar~ I, 1995, for the replacc~mcnt or recons~ruetlon of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for thc useful life of any pavement construcletl, rwconstmcled or repaired with Federal financial ussistunce al the airport. It will provide such reports on pavement condition and pavement management programs as th~ Secretary determines may he u~fuL 18 of 26 12. 13. t4. 16. 18. Terminal Development Prerequisites. For proj0cts which include terminal development at a public use airport, as defined in Tille 49, il has, on the dale of submi~al of the project grant r~uest, a~l the szfc~ e~uipment required for ccffificatio~ of~uch ai~ under s~lion 44706 of Title 49. [lnil~ Slates Code, and ali ~bo ~udly gquipmenl required by role or m~lafion, and has provided for ae~e~ Is thc paszenger enplaning and dcpl~[ng arm of such ai~o~ to passengers unpiling and deplaning from aircra~ othe~ than air ca~cr airera~. Accountilig System, Aadit~ and Reennl Keeping Reqairements. a. It shall kccp alt projcct accounts and records which furly disclose thc amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which thc grant i$ given oF used, and ihe amount tlr nature et'that portion of the cost of the project supplied by other sources, and such other financial records peltiaenl to the projecL The accounts and recitals shall be kept in accordance with ~n aecmmting system that will facilitate an qff'~:tive audit in accordance with the Single Audit Act of 1984. b. It shal'l make available to the Secretary and the Comptr01[er General of the United States, crony of their duly authorized representatives, fm the purpose of audit and examination, any hooks, documents, papers, and records of thc rec[pi0nt that am pertinent to thc grm~t, ll~e Secretary may mquir~ that an appropriate audit he ctmduc[e~! by a rceiplem. In any case in which an independent audk is made ortho aeeount~ cfa spoa~or rdating to disposition et'the proceeds of~ grant or rcla~ing to zh¢ project in cona~ctlon with which the grout was given or used, il slmll file a certified c~py cfi suuh audit with Ihe C~rap. tr4dlc'r fieneral of the United States not later thsn six (6) months following the close of the fiscal year for wlfich fl~e audit was made. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projccr, s funded under thc ga'ant agreement which involve [abr~r, provisions eslab]ishi ag rainiraum hues of wages, Io be predetermined by the Secretary of Labor, in accordance with thc Davis-Bacon Act, a~ amended (40 U.S.C. 276a-276a-5), which contna~om sh~ll pay m skilled and unskilled labor, and such minimum rates shall I~ stated in the invitation for bids a~d shall be included in prol~mals [~r hids for the work. Veteran's Preference, It shall include in all contracts for work ca any project funded under the grant agreement which involve labor, such provisions as m'c necessary to insure that, in the employraent of labor (excePt in executive~ administrative, and supervi.,u~ry Imsitians.). preti~rence shall be given to Veterana of the Viemam era and disabled vcteram as defined it~ Section 47112 of Title 49, Unitgd States Code. However, tiffs pm£eren~ shall apply only where the individuals arc available and qualified to perform thc work to which the employnaeat relates. Conformity to Plans and Speciflr~lions. It will execute the project m]bjcct to plans, specifications, and schedules approved by the Secretary. Such pimps, specificatim~s, and schedules shall be submitted to the Secretary pri~r m commencement ofsi~c preparation, construction, or other performance under this gra~t agreement, and, upon approval of Ihe 8~vcrelary, shall be incorporated into this grant agreement. Any modification to thc approved plans, specifications, and schedules shall also he subject lo approval ol'lhe Sucrelary~ and incorporated roLo the grant agrevemcnt. Construction [nspectlon and Approval. It will provide and maintain cornpe~ent technical ~upervision at the con~a'uction site throaghmd the projuel to assare that the work conforms to the plans, spccificatiom, and schedule* approved by the Secretary for the project. It shall subject the construction work on any project enmaincd iii au upproved pm. joel APPA tu inspection and approval by thc Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require aueh cost and progrcs~ mi>offing by the sponsor or s~nson of such project as the Secreia~ shall deem necex, qary, Planning Projects. [n carrying out planning projects: a_ It will execute the project ~n ac(>oedancc w~tl~ thc approved program narrative contained in the project APPA or with the modifieathms ~imilatrly approved_ b. It will furnish the Secretary with such periodic rcpmls as required pertaining I.~ the planning pm. leFt anti planning work activities. ]L will include in ell published matcri~l prepared in connection with thc planning project a notice that the material was prepared under a grant provided hy Lhu United States. d. It will make such material available for 0xaminati0n by the public, m~d agrees that no raaterial prepared wiLt, funds under this project ~hall bc subject to copyright in ~e United States or any other country. e_ 11 will give the Secrelary unrestricted authority to publish, disclose, distribute, and otherwise use any of the matc~rial prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor'~ employment of specific consultants and their subcontractors to do all or any pan of this project as well as the right to disapprove thc proposed scope and cost oT' pro f'cssional services. g. It will grant tho Secretary the right to disapprove the usc offthe sponsor's employees lo do all ur any pail of the project. h. It undeestands and agree~ that the Secretary's approval of this project grant or thc Secretar,/s approval of any planning Trhqterial developed as part of this grant does not ¢on. gtitute or imply any assurance or eommlrment on thc part of Ihe Secretary to appn}ve any porn{ling or fiature request for ,q Federal airport grant. Oper,,tian and Maintenance. a. Th,~ air~ott and all Facilities which are necessary Lo serve the acronaulical users oFthe airport, olher than facilities owned or controlled by the United States, shall be operated al all times in a safe and ~rviceahle condition and in accordance with ;he minimum standards as may be required or prescribed by applicable 19 of 26 21. 22. Federal, state arieL local agencies for mainloaanc¢ and operation, It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport ant] all facilities thereon or connected therewilh, with thee regard to climatic and flood conditions. Any proposal to temporarily close thc airport for non-aecouaulJcal purposes must first be approved by thc Secretary. Ii, In furthemocc of'this assurance, thc sponsor' will have in effect anangcme~m For- (1) Operating thc airportrs aeroaaulical £acilities whenever required; (2) Promptly mn;arking and lighling hazards resulting from airport conditions, iecluding temporary conditions; and (3) Promptly notifying alnmcn 0[any condition a£/'¢¢tlng aeronaut,eat usc 0[the airport. Nothing contained herein s3all be c/>nstmed re re:quire that ~he airport be operated ~br aeronautical u~e during jc-lnporafy p~riods when snow~ fi{md or other climtUic ctmditkms ,nlm-feTe with such operation and mainLonance. Further, nothing hcreiu shatl be coustmed aa requiring *he maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond ~h¢ control of thc sponsor. It will suitably operate and maintain noise cmnpalihility ptognana iLk'ms thai it owns or conlml~ upon which Federal f~nds have been expended. Hazard Removal and Mitigation. It will take appropriate action to a~sure that such terminal airspace as is required to protect instrument and visual opmations to th~ airpo~X (incfuding established mh6mum flight aitiludes) will hr: adeq~iately cleared and prorated by removing, lowering, relocating, marking, or lighting or ethan,vise mitigating existing airpofl hazards and by preventing the establishment or emotion of fulure airport hazards. Compatible Land Use. Il will 'take appmpriale action: to the axtent rea.sortable, inch,ding the adoption ofznning laws, to restrict the usc of land adja¢cm to or in the imm~dJal¢ vicinlt~ of tho airport to activities and purposes compatible with normal airport operations, including landing and takeoffof aircraft. In addition, if thc project is for noise compatibility program implementation_, it will not cause or penmit any change in land uae, within its jurisdiction, that will reduce compgti'aility, with respect to the airport, ar'the noi~e cmnpatihility program me~gures upnn which Fed~m~ foods have heen expended. F. conomio Nondiscrimination. a. It will make thc ai~pofl available as an aJrpm~, for public usc on reasonablc tel'trna and wiLhout najas! discrimination to all types, kinds and classes ofaeronaotical activities, including commercial acronautlcal activities offering services to the public at ~h¢ airporL b. la any agreement, tamlract, lea~, ~)r other arrangement under which a righl ~}r privilege aL tho airport is granlexl tO any p,espn, firm, or corporation to conduct or to engage in any a,mnauticai activity for furnishing s~rvi,es to thc public at thc airport, the sponge will insert and cnf0rcc provisions requiring the contractor to- ( I ) furnish said seIMCeS on a rel~onabl¢, and not unjustly discriminatory, basis to all users thereof, and (2) charge rea.qonabte, and not unjustly discriminat,nry, prices for ce. ch unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar.types of price reduetion~ to volume purchasers. c. Each fixed-based operator at Ihe ai~pur[ shall he suh. iecL lo the same rates, ['ees, renlals, and ~ther cbs*gas .as am uniformly applicable to all other fixed-ba~ed operators making the same or sim,la[ uses of such aiq>ort and utilizing the same or similar facilities. d. Each air otrrior using such airport shl~ll have the right to service itself or to usc ~ny fixed-based operator thal is authorized or pemfitteM by thc airport to set'ye any air carrir-t' at such airport. e. Each air cartier using such airport (whether a~ a tenant, nonteoant, or subtenant of another air ¢awi~r tenant) shall be subject to such nondiserlmlnatory and substantially comp/sable rule/., ~gulation$, conditions, rates, leas, rentals, and other charges with respect to lheilities directly and substamially misted to prey,ding air Iraosporlation as are applicable to ali such air carriers which make ximilar u.we of such airpur~ and utilize similar facilities, subject to reasonab[e ciasa,first, om such as ten~qts or nontenaots and signatoIy carders and nonsignam~ carriers. Classification or Slams as tenant or signatory shall not be unreasonably withheld by any airr}r~rt provided ,tn air carrier assumes oh'rig~tions substantially similar to those already imposed on air earricrs in such classification or status. £. It will not exercise or grant any right or pfivitcg¢ which opiates to prevent any person, firm, or coq~oration operating aircraft on the a/rport from performing any services on its own airerati with its own employees [including: bul not limited lo maintenance, repair, and fueling] that it may choose to pedorm_ g. In the event tine sponsor it_~elf exerclses any r~fthe fights and privileges referred to in this mssurance, d~e services involved will be provided on thc sam,: conditions a~ would apply to the furnishing of such services by. commercial aeronautical aerviec providers authorized by *he sponsor under these provisions. h. The sponsor mag establish such reasonable, and not unjustly discriminatory, conditions to he met by ali users of lhe airpl~r[ ~L,~ may he nece~;.~my for the .safe and ell-ir,cml operation of the :firgnrt i. lhc sponsor may prohibit or limit any given typ¢~ kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or aecessar/to ser~e the civil aviation needs of the public. E~elusive Rights. It will permit n~ exclusive rigM for thc usc of the airport by any person providing, or intending to provide, aeronautical services to thc public. For pu~ose, s of this paragraph, tim providing ~ffthe services at ar, air0crl by a single fixcd-baacd operator shall not be construed as an exclusive dght if both of thc following apply; a. It would bc unreasonably costly, burdensome, or impractical for mo~: than one fised.ba~d operator to p~ovidc such services, and 20 of 26 26. 27, 28. b. If allowing more than one fixed-based operator to provide such services would rcqulm thc reduction of space leased pursuant to an e~isling agreement between suc'h single tlxed-ba~d o~mtor and such It fuflh~ a~c~ that it wilt n~ either directly or ~ndirectly= grant or permil any person, timb or ca.oration, the risht a~ the ai~on to cond~ any a~naati~al a~iviti~s, in,lading but no~ limited to ~ha~r flights, pilot ~ning, rental a~d ~igh~ing~ ~rial photog~phy, crop dusting, aerial advegi~ing ~nd su~ing, air e~ier operations, at.md ~les and se~i~s. ~le of aviation petroleum pr~octs whether or nol eonduel~ in conjunetmn with other aeronautical activin, re.ir and maintcnaace oF aircraft, sale o F at[craft pa~% ~d any ~thcr acfi vities which b~ause aF th¢ir direct ~lationship m thc op~ation ofaimmfi can bc m~tdcd ~ an a~utical activity, and that it ~11 ~c~in~te any exclusive right to ~nduel a~ aeronautical ~iiviW now existing at such an m~u~ ~fi~re the grant of any assis~ncc under Tille 49, United S~ates Code. Fee end Rental Structure, ]t will maintain a fee and rental structure for thc facilities and. services at lhe airport which will make the airpor~ as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such ranters as the ¥olume oflmffte Ired economy of coll¢clion. No part of the Federal sham of an airport dcvelopmcat, airport planning or noise compatibility project fo~ which a grant is made uadar Title 49, United SLaIe,~ Code. Ihe Airporl and Airway Improvement Act of 198.2, the Federal Airpoa Act or the Air'pon and Airs,ay Dev¢lopm,nt Apt of 1970 shall bc included in thc rate basis in establish.ing fees, rams, and charges for users of that airport. Airport Revenues. a. All revenues generated by :he airpot~ and any local taxes on aviation fuel established after December 30, 1987, will he expended by it for lhe capita~ or operating coaB of tho airport; the local airport gystcm~ or other local facilities which are owned or operated hy the owner or' opcralor of Ihe al[port and which .-trc dircctly sad substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on ut offthe airport. Pt,0vided, however, that if covcnaats or assurances in debt obligations issued before September 3.1982. by ibc owner or operator of the airport, or promsions enacted before September 3, 1982, in governing statutes controll[ag the owner m' operator's finaacillg, provide far fl~e um iff thc revenues from any of the airlrmrt owner or operator's facilities, including the alrporc, t,o support not only the airport but also the airport owner or operator's genera] debt obligations or other fneilifies, then thig limitation on Ihe age of~ll revenues generated by the airport (sad, m Ihe uase ora public airptm, lanai 'taxes .n aviation fuel) shall m~t apply. b. As pan of the annual aucllt rcqulr~d under tho Single ^edt! Act of 1984, thc sponsor will direct that the audit will review, and the resulting audi~ report wilt provide an opinion concerning, the ese of airport revenue and taxes in paragraph ('u). ~md indicating whether funds ptfid or transti:rrcd to the owner or operator are paid er traasf¢~red in a manner consistent with Title 49, Uuit~ States Code attd any other applicable provision of law, ]nclucling any regulation pt,oreulgated by the Secretary or Adminis~ator. n. Any civil penalties or other sanctions will be imposed for violation oft-his assurance in accordance with thc pmvisim~s of S¢,'fion ,171:1~7 el'Title 49, I_]nit~d States Ce. do. P. eport~ and Inspections, It will: a. submit to the 8ecmt~ such anmml or spc~'ial fin~c~a] and o~rations repo~ as the gecrcta~ my rmsombly [~uest and make such repo~s a~ilahte to the public; make availaMe Io the public at reasonable times and places a mpo~ of thc ai~o~ budget in a fnma pmscfi~ by the for ai~on development projects, make ~he ai~o~ ~d all ai~ records a~ documents afl, ting the including de~, le~es, opurali[m and use agr~ments, regulations ami other ins~m~ts, available for respect/on by any duly authorized ag~ul of~e 8~ upon reasonable e. for noi~ compatibili~ program pmj~t$, rake mco~ aa~ documen~ relating to the proj~t and cum/hued co~liancc with thc ~ms, ~onditiona, and assomnccs of thc ~anl a~ment i~etuding d~ds, ]macs, a~cm~ttl~, regulations, and other iasirumcnls, available for iuspecLion by any duly auth{~rized agent uf the Sec~W upon m~nablc request; and d. m a fbmat and time proseh~d by the Seercm~, provide to the gccrem~ and make available to thc public Rdl,wing each uf i[~ fisual yuam~ an annul re~ listing in (i) all amounB paid by the aiwa to any other unit of gown]meet and thc put'l~Ses for which each such ~cnt w~ reade; and (fi) all sc~iees md pmpc~ provided by the alCoa to o~hcr units of govemmem and the ~ant of compensatioT~ ~'c~iv~ Ibr provision el'each such se~ice and pm~rty_ Us~ by Government Aircraft. tt will make available alt of the facilities of the airport developed with Federal financial ~sistanee and all those usable for landing and takeoff'of aircraf~ to the United States for usc by Government aircraft in common wilh udder aircraft al all limes without charge, except, il-lbo use by Government uircrall is substantial, charge may be made for a rea~qonable share, proporLioaa[ to such use, fpr the cast af ~perati.g m~d malntaiaing the fa~ilitle.~ used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial u~e of an ai~oor~ by Govemmom aircraft will be considered to exist when operations of such aircraft arc in excess of those which, in the opinion of the Secretary, wee id nndul¥ inl'erfi~re with use of'the l~nding areas by other authorized aircraft, or during any calendar month Ihat- a. Five (5) or more Government aircraft are regularly based at the airport or on lard adjaccttt thereto; or Thc total nureber of movements (couming each landing as a reovemem) of Government aircraft is 300 or mare, or thc gross accumulative weight of Oovcrnment aircraft using the airport (the total movement of Government aircraft rnultiplied hy grosS, weighbl of such aircraft) is in ~xcess nf five millitm pounds. Land for Federal Facilities. It will furnish without cost to thc Federal Government for usc in connection with any air tratlie control ox air navigation activities, or weather-reporting and communication activities related to air traffic con,r0[, any are~,i iff laml or water, i*r L~state therein, t~r rights in huilding~ of the sponsor as thc Secretary considers necessary or 21 Of 26 31. 32. desirable for coostractJon, operation, and maintenance at Fcdoral expense el' space or I'aciliLics t-or ~m:h purix~ses, Such areaS orany gcrtioo ;befool' will be made aYailabIo as provided herein within four months after receipt ora written request fi'em the Secreqa~. Airport Layout Plan. it will keep up ;o date a~ all times an airport layout plan of thc airport showing (I) boundaries of the airport an0. all proposed additions thereto, together with thc boundaries of all offs,to ~reas owned or eon~xolled by the sponsor for airport purlx~ses and prop~sed additions thereto; (2) the Iocati~m and nature et'all existing and proposed airport f~cilities aqd stcactures (such as ,m~ways, tax,ways, ~proas, tarminal buildings, hangars aqd roads), including all proposed extensions and reductions of existing airport facilities; and (~) the location &all e~isting and proposed nnnaviation areas and of all existing improvements thereon. Such ai~oa layout plans and each amcndumot, revision~ c~r m~fli ficaLion thereof, shall be sul~ieet to the approval tff the Secre~ry which approval shall bc evidenced by thc signature ora duly authorized mpsescntative of the Secretary on the face of thc airport layout plan. The sponsor will not make or permit any changes or alterations in the airport cc any of its facilities which are not in eonformiW wi~h the airport layout plan as approved hy the Secretary and which might, in the opinion of the Secr¢lary, adversely affeel thc safety, utility or efficiency of Ihs aitTa~rL Ifa change or alteration in the alqoort o~ thc fa¢illtics is made which thc Secretary determines advcr~[y affects the safety, uti lily, or e~l~eicncy orany ti~lca-ally owned, leased, or Funded property on o~ off'thc airport and which is not Ju conftmnity with the airpod laynut plan ms approved by the Sacra 'tary, the t~wner i~r i~per'ak~r will, if requested, by tkt¢ Sectary (I) eliminate such adverse effect in a mauuer approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof} to a site acceptable to the Secretary and all coals u? resLl~ring .such lm~perty (or rcplacememt theveofl tn the level of safety, utility, efficiency, and cost of operation existing before the unapproved cbs,igc in theairpoiX or its facilities. Ci-~II Rights. R will comply with such rules as arc promulgated to assurc ~at no person shall, on thc grounds of race, cited, color, national origin, s~x, age, or handicup be excludt~i t¥om participating in any activity condpctcd with or benefiting from funds rc~civcd from this grant. This assurance obligatas the sponsor for thc period during which Federal financial assistance is extended to thc program, except where Federal financial assistance is to provide, or is ia thc form of persunal property or real property cr interest therein or sm,ca,res er improvements thereon in which case thc assurance obligates thc sponsor or any transferee for thc longer of thc following pat-teds: (a) the p~rind during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (h) the period during which the sponsor rem,ns owaemhip or possession of thc property. Disposal of Land. a. For land purchased under a grant forakrpot~ noise compatibilRy purposes, it will dispose of the land, when the land is ]ltl longer needed fi~r such purposes, at thir market value, at the m, rlicst practicable time. That portion of' the proceeds of such disposition which is proportionate to the United States' sham of'acquisition of such land will, at Ibc disc;~-'tion of thc Secretary, I) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility projccl as prescribed by thc Secretary. b. (l) For land imrchased under a grant for ah'port dcvelopt~ienl purposes (othar than noise compatibility), it when thc land is no longer nccdcd for airport purposes, dispose of such land at fair market value or make avaihble to the Secrcatry an amount equal to thc United States' proportionate sharc of thc fair market valuc of the land. That portion ofth~ proc~ccLs of such disposition which is proportionate to file United States' .sham thc ¢os~ of acquisition of such land will, (a) upon a~licat[on to the Secretary, kc r¢invcst~ in another ¢liglbl~ airport improvement project or projects approved by thc Sccretar,j at that alrl~a or within thc national alrpor~ syslcm, o~' (h) be pakl In the Secrelary lbv del~osil in ihe Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if(a) it ,nay be needed for aeronautical purposes (including runway protection z0ncz) or serve as noise buffer land, and 0a) the revenue llom interim uses of :~uch ]and conn'ibutcs to vhc financial self-sufficiency of'the airpot-t. Further, land purchased with a grant r~eiv~-d by an airpo~ opcra~or or owner 5efor~ December 3 I, 19~7, will be t:unsidered to be nccdcd t'or airport pumoscs if thc gecr~t~,ry or Federal agency re&ins such grant 5crete D~¢¢mb~r 3 I, 1987, was notified by thc operator or owner of ;he uses of such land, did not object to such usc, and thc land con, nuns to bo used Ibr i]l,qt purpose, such use having commencal no later than December 15, 1989. c. Disposition of such land andre' la) or (b) will ba subjccl to the retention or reservation nfaay intercst or fight therein necessary to cnsarc that such land will only Im used for purposes which are compatible with noise levels associated with operation of the airport. Engineering ~nd Design ~elwites, It will award each contract, or sub-eontra¢! tbr program roauagcrnent, tx~nslruclior, management, ~lanning s~di~s, f~ibiliW s~di~s, a~hi~cmral schick, pmliminaw cngin~ring, design, ~ngin¢cring, surveying, ~pptng or rela~cd ~iccs with ~s~ to ~c project in ~c same maker ~ a con.et for archlt~cmral and engineering services is negoliatcd under Tille IX el'lbo Federal Pm~Hy and Administrative Services Ae~ of 1949 or an equivalent qualifications-based requi mmant prescri~d far or by the s~a~or of Ilia air~l. Foreign Market Restrictions, It will not allow fund~ p~ovidcd under this grant to be used to fund any proj~t which uses any product or service ufa tbreign country during thc period in which such foreign country is listed by the United Ssates Trade RepresenLativa as denying fair and equitable rnarkel oppogcuaitles I~ products and suppliers el' the United ~lules in procurement and construction, 34. Pnllcle% gtandards~ and gpeci~eatinns, h will curry oul the pro_i~t in accordance with policies, standards, and sp~¢~fication$ approv~ by th* S~reCary including bat not limited to the advisory circulars listed iu the Curcenl FAA 22 of 26 35. 36. 37. Advisory Circulars for AIP projects, dated 7/I/99 and includccl in this ~ranl, and in accordance with applicable sl~Ic pplieLcs, standards, and sppcJfications approved by thc Secretary. Reluca¢lon and Real Property Acquisition. (il It will be guided in acquiring real pmpprly, to the greatest exl~nt praclicuble undur State law, by the land acquisition pulici=s in Subparl B of 49 CFR Par~. 7.4 ;ntd will pay or tcimbume property owners for necessary expenses as specified in Subpan B. (2) It will provide a relocation assistance program offering Ibc services described in Subpart C and fair and reasonable relocation payments and assistance to displsecd persons as required Jn gui>part D and E of 49 CFR Part 24. I3) It will rnakc ,vuilable within n reasonable period of time prior to displacement, ¢omperablc replacement dwellings to displaced persons in accordance with Subparl E of 49 CFR Part 24. Access By Interclty Buses. Thc airport owner or operator will permit, to the maximum extent practicable, mtereity buses or mher modes of~ransportation lo have access to tho airport, however, it has no obligation m fired special facilities f~r imercity buses or for other modes o£transpot~ation. Disadvantaged Business Enterprises. Thc recipient shall not discriminate on thc basis oFt'acc, color, national origin or sex ia tho award and performance of any DA~ll'-asslsted contract erin thc ;tdministTatinn [ff iL,; 1)~1,~ prt~g[um ur the requirements of 49 CFR Pm1 26. The Recipient shall take all ncccssat7 and reasonable steps under 49 CFR ?aa 26 to ensure non discrimination in the award and admioistratiou of DOT-assisted contracts. The rceipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementaticm of this program is a legal obligulion and trailure In carry out ils/elms shull be Ireal~ as a violatioq oFthis agreement_ IJpon notification to the recipient of its failure to carry om i~ approved program, the Department may impose sanctions as provldcd for under Part 26 and may, in appropriate cases, refer thc matter for enforcement under 18 U.S.C. I001 an~or the Progrum Fraud Ci¥it Remedi~ Act of 1996 (31 U.S.C_ 3801)_ CURRENT FAA ADVISORY CIRCULARS FOR AlP?PFC PROJECTS The following apply to both AiP and PFC Projects NUMBER 70/7460- IJ 150/50Or)-1~ 150/5100- [4C t50/$200.30^, CHG 1 & 2 t 50/5200-]3 t50/5210-$B 150/5210-7B 150/$210-13A 150/$210-14A 1511/5210-15 150/521048 150f5210-19 1511/522o-41-1 150/5220-10B 150/5220.13B 150/5220-16I:1 150/5220- I 'lA 150/5220-18 ] 50/'5220 - 19 1511/52211-20, (]?HO I 150/5220 -21A 150/~300-13, CIIG 1,2, 3,4, $ 150/53ff0-14 150/5300 15 150/5320-5B 150/$:2,20-6D 150/5320-12C ] 50/532[I-I 4 150/5320-16 150/5325.4A, CIIG 1 150/5340- I G 15U/53413-4C, CH(i I ~ ! /50/5340-5B, CH(i I 150/5340~14B, CHG 1 &2 150/'5340-17B l 50/534[I- 18C, CIq/,~ 1 i 50/5340-19 t 50/5340-2 I ~50/5340-~3B Updated on: 7/1199 TITLE Obstruct/on Marking and. Lighting Announcement of Availabilily--RTCA Inc., Doeumem RTCA-221, Guid~ee and Recommended Requirements tbr Airport Sur~hc¢ Movement ,Sensors Amifitectural, Engineering, nad Plmming Consultanl Services for Airport Grant Projects Airport Wlmcr Safety and Operations Hazardous Wildlil~ Attractants On or Near Airports Painting, Marking and_ Lighlmg of Vehicles Used on aa Aiq3uri Aircra~ Fire ~nd Rescue Comlnunicalioas Water Rescue Plans, Facilities, and Equipment Airport Fire and Rescue Personnel Pmlective Clothing Airport Rev, cue & Firefighting Station But Iding Design Systems for Interactive Training of Airport Personnel Driver's Enhanced Vision System (DEVS) Waler Supply Systems ?ur Aircraft_ Fire and Re.'~ue Prot~cti~m Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles Runway Surface Condition Sensor Specification Guide Automated Weather Observing Systems for NonFederal Applications Design Standards tot' ^ii'craft Rescue Fimfighting l'rahfing Facilities Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Guide Specification for Small, Dual-Agent Aircraft Rescue and Fimfighting Vehicles ^lux)ri Snow and ice Cnn[nfl Equipment Guide Specification for Lffis Uscci to Board Airline P~sengers With Mobility Impairments Aiq~ort Design Design of Aireraf~ Deicing Facilities [I-~ oF Value Engineering for Eagins~ring Design of'Airport Grant Projects Airport Dmlnag¢ Airport Pavement Design and Evaluation Measurement, Construction, and Maintenance of 8kid Resistant Airport Pavemen! gur['aces Airport Landscaping for Noise Control Purposes Aiqx)rt Pavement Design for the Boeing 777 Airplane Runway Length Requirements for Airport Design Standards for Airport Markings lasmJlatilm I)elails fur ff:unway Centerline Ttmchdt}wn Zone Lighting Sy.,4leras Segmented Circle Aillmtt Marker System · Economy Approach Lightiug Aids Standby Power fbr Non-FAA Airport Lighting Systems Smndurds ilar ^irport Sign Systems Taxiway Centerlinc Liglxting System Airport Misc¢llano0us Lighting Visual Aids Supplemental Wind Cones 23 of 26 150753411-24, CHG 1 15075340 27A 150/$345-3 D 150~5345-5A 15075345-'/D, CHG ] 150[5345- I 0E 150[5345-12C [50J5345-13A [5015345-26B, CHG I & 2 t $075345-27C [5015345-28D, CI-1G 1 150/5345-3~18, CHf.i I 150/534§-42C, CMO I 150/.5345-43E [5015345-44F, CHG I 150[5345.4 5 A 150/'5345-46A 150/5345-4'/A 15015345-49A 150/5345.50, CilG I 150/'5345-51, CHG I 150/'5345-52 150/5345-53A, (including addendum) 150/5360- 9 150/5360-12A 150/5360-13, CHG I 150;5370-2C 150/.5370-61t 150/537ti-IDA CH(-1 I, 2, 3, 4, 5, 6, 7, :g, 9 150/'5370-11, CHG I 150f5370.12 15015390-2A 1505390-3 Runway and T~xiway Edge Lighting System Ai~to-Groand Radio Ct>ntrol of A irpot~ Lightiug Sys¢~ms Sl~cifieatioa for L821 Pan¢l~ for Remote Conrcol of Airport Lighting Circuit Selector Switch Specil%ation for L$24 Llnderb'~t0und E]eclrical Cable for Airport Lighting Cimuils Spacit~cation for Constant (hJrrent I,t~gula/ors [,regulator Monitor.~ Specification for Airport and Heliport Beacon Speei£tca~ion for Lg41 Auxiliary Relay Cabinet Assembly for Pilot Corm-o] of Airport Lighting Cimaits Specification for I..823 Plug and Receptacle, Cable Connectors S~cifLcation for Wind Cone Assemblies Precision Approach P~th Indicator (['APl) Systems FAA Speeffiealioa L853~ Runway and T,~xiway Ce~terline ReWomfleetive Markers S[mcifica[iun fi~r Air0;~rt Ligh[ Bases, Transfouner Ho~Jngs, Ju£tctimt Boxes and Accessories Specification for Obstruction Lighting Equipment Specificatiun for TaMwoy and Runway Signs Lightweight Approach Light Structut~ Specification for Runway and Taxiway Light Fixtures Isolation Transtbrracrs tbr Airport Lighting Systems Spc~:ification LgS4, Radio Control Equipment Specification for Portable Runway Ligh'zs Specification for Discharge-Type Flasher Equipment Generic Visual Glides]cpo Indicalors Aitpoa Lighting Equipmem Certification Program Planning and Design of Airport Terminal Facilities at NonHub Locations Aiq~ort Signing & Graphic~ Planning and Design Guidance for Airport Terminal Facilities Operational Safely on Airports During Construction Con~tmetion Progress and Inspection Report-Airport Grant Program Standards for Speeil'ying Consm~ctian of Airports Use of Nondeslructive Tearing Devices in the Evaluation of Airport Pavements Quality Control of Construction for Airport Grant Projects Heliport Design 24 of 26 ATTACPIMENT D CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS The grantee certifies tl~at it will or wilI continue to provide a drug-free workplace by: (a) Publishing a statemeut notifying employcc~ that thc unlawful manufacture, dis~bution, dispensing, possession, or usc ora controlled substance is prohibited in the grantee's workplace and specifying the actic~ns tim[ will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug.free awareness program to inibrm employees about- (l) Thc dangem of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-fi'ce workplace; (3) Any available drag counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drag abuse violatioas occurring in fl~e workplace; (c~ Making it a requirement that each employee to be engaged in the performaace of the grant be given a copy of the statement required by paragraph (a); (d} NotiCing the employee in the statement required by paragraph (a) that, as a condition of employmeat under the grant, the employee will (1) Abide by the terms &the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later thm~ five calendar days after such conwchon; (e) Notifying the agency in writing, wit2fin ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, tu every gmat officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for thc receipt of such notices. Notices shall include the identification numbe~(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect ~o any employee who is so convicted- (l) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act ef 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law en'~orcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (c), and (f), B. The grantee may insert in Iht space provided below thc site(s} for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 5000 A±rport Road Dmnton, Denton County, Texas 76207 Check if there are workplaces on file that are not identified here. Signed: Dated: Carla Rominem Director of Human~Resourca~q Typed Name and Title of Sponsor Representative 25 of 26 ATTACHMENT E PAVEMENT MAINTENANCE MANAGEMENT PROGRAM An effective pavement maimenance management program is one that details the procedures to bc followed to assure that proper pavement maintenance, both preventative and repair, is performed. An airport sponsor may use any form of inspection program it dec,ns appropriate. The program must, as a minimum, include the following: i. Pavement Inventory, The fol lowing must be depicted in an appropriate form and level of details: a. location of all runways, taxiways, and aprons b. dimensions c. type of pavement d~ year of construction or most recent rehabilitation For compliance with the Airport Improvement Program assurances, pavements that have been constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted. 2. Inspection Schedule. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, Guidelines and Procedures for Mainteamtce of Airport Pavements, the frequency of inspections may be extended to three years. b. Drive-by Inspection. A drive-by inspection must be pertbrmed a minimnm of once per month to detect unexpected changes in the pavement condition. 3. Reenrd Keeping. Complete information on the findings of all detailed inspections and other maintenance performed must be recorded and kq~t on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below. a. inspection date b. location c. distress types d. maintenance scheduled or performed For drive-by inspections, the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a reporl to the FAA as may be required. 5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended methods of repair are presented. 26 vf 26 CITY OF DENTON CITY COUNCIL MINUTES February 1, 2005 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 1, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, Redmon and Thomson. ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding Small Cities Emergency Medical Services (EMS) interlocal agreements and Fire and EMS agreements with Denton County. Ross Chadwick, Fire Chief, presented an overview of the agreements that started in 1980. He noted the history of the cities involved and the associated costs. Currently the two cities in the program were Sanger and Ponder at a cost of $18 per incident. Options to consider were to charge a rate for full cost recovery at $65 per capita; charge a rate between $18 and $64; or get out of the contract EMS business with other jurisdictions. The staff recommendation was to continue to provide emergency ambulance services to small cities. It was a good use of the city's resources and the costs were fixed with an offset of costs for the amounts charged to the cities. Council discussion included: How were Corinth and other small cities able to provide ambulance service - salaries were less and some volunteer personnel were used. If Denton stopped providing the service, there would be no outlay of costs - Chadwick replied that was correct, it would be the same. The contracts were really an addition to the budget plus other revenues would also go down such as billing for transport. Time and distance needed to be added to the equation for per capita costs. It was recommended that the costs for next year be raised to $20. Consensus of Council was to continue to provide the service for the small cities. Chadwick presented information regarding EMS services to the County. Funding from the County had continued to decrease. Current concerns of County EMS contract funding included the County directly benefited on the cost of service; the costs continued to rise with no County increase; city residents subsidized County funding for services they didn't receive; there was a delay in the contract process; and the process was always a year behind (using last year's numbers). Staff recommendation was to continue to provide contract services to Denton County with annual budget input to the County and to have the Council dialog with the County about equalizing the payment structure. Council discussion included: Determination of the formula of county funding. A concern that the County was providing funding to cities that were not providing services. City of DeNon City Council Minutes February 1, 2005 Page 2 2. The Council received a report, held a discussion, and gave staff direction regarding the location, design and construction of Fire Station #7. Ross Chadwick, Fire Chief, presemed information on when and where the next station would be built. It was anticipated that the opening of the station would occur in September 2006. He reviewed response time determination, the number of calls for each district and the anticipated number of calls for the new station. Questions to answer included where was the best location that would service all residems of the city, how could Fire Station #7 help reduce the other very busy fire station districts, where were the most emergency calls being generated now and how would future development impact the number of future emergency incidents, where did the City's mobility plan provide for the best access imo all areas of the Fire Station #7 district and city, where were the currem and future city limits of the city and how could Fire Station #7 be most effectively located to best serve the largest area, and where would a fire station best reduce community insurance rates. Staff recommendation was to locate Fire Station #7 on Vintage Parkway next to the training facility. Options considered for the location included Vimage Parkway or Robson Ranch. Council discussed the fact that there was a lot of development taking place in the District 7 area and that had to be considered when determining a location for the station. Consensus of the Council was to proceed with the Chief's recommendation for placement of the Station. 3. The Council held a discussion and gave staff direction regarding Council mobile communication usage and procedure. Pam Rambo-Estill, Assistant to the City Manager, stated that in 2003 the Council agreed on a set of procedures for cell phone usage. There were three basic parts to that agreement - the city would provide a cell phone to any council member who needed one for city business; each council member would be provided with a charge allocation of $50 and any charges exceeding $50 would be reimbursed to the city; and any equipmem lost, stolen or broken more than twice in a twelve month period that was not covered under the warranty would have be replace by the council member. In the last several months another option had become available. That was the use of a PDA which would be a personal piece of equipmem and a personal service plan for the council member. The cell phone usage associated with the use of the PDA would receive the same $50 allocation. Council discussed the usage issues including discrepancies in the charges each momh whether higher or lower than the allocation, the option for the city to give each council member a check for $50 to be applied to the bill, the challenges associated with the Open Records Act and the use of city equipmem for personal uses, the cost of roaming charges associated with city-related calls and whether council members should have to pay for those charges if the momhly allocation was exceeded, and changing the method of billing to once a year and accumulate the highs and lows of each momhly bill. After further discussion, consensus of the Council was to increase the allocation to $720 per year with yearly billing and monthly updates starting with the January statements. City of DeNon City Council Minutes February 1, 2005 Page 3 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of February 1, 2005. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Consultation with Attorney -- Under TEXAS GOVERNMENT CODE §551.071. Considered and discussed status of litigation styled Robinson v. City of DeNon, Cause No. 2003-60130-393, curremly pending in the 211th District Court of Denton County, Texas. Regular Meeting of the City of Demon City Council on Tuesday, February 1, 2005 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS Proclamations/Awards Recognition of staff accomplishments James Kirkpatrick presented a merit design award for the Denton Central Fire Station from the American Institute of Architects. City Manager Conduffpresemed staff accomplishments to the Council and audience. 3. CONSENT AGENDA Thomson motioned, Mulroy seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Approved the minutes of: December 6, 2004 December 7, 2004 January 4, 2005 January 5, 2005 2005-033 - An ordinance of the City Council of the City of DeNon, Texas approving the terms and conditions of an Interlocal Agreement between the Region IV Education Service Center, which sponsors the Texas Cooperative Purchasing Network (TCPN); providing for a cooperative purchasing program for goods and services; designating Tom D. Shaw, C.P.M., Purchasing Agent, as City of DeNon City Council Minutes February 1, 2005 Page 4 official representative of the City of Denton relating to the program; and providing an effective date. Co 2005-034 - An ordinance of the City Council of the City of DeNon, Texas approving the terms and conditions of an Interlocal Agreement between the Texas Local Government Purchasing Cooperative, which sponsors the Buy Board Cooperative Purchasing Network; providing for a cooperative purchasing program for goods and services; designating Tom D. Shaw, C.P.M., Purchasing Agent, as official representative of the City of Denton relating to the program; and providing an effective date. Do 2005-035 - An ordinance accepting competitive bids and awarding a comract for purchase of Ready Mix Concrete and Portland Cemem for various City departmems; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3260 - Ready Mix Concrete and Portland Cemem awarded to lowest responsible bidder for each section in the estimated amount of $1,000,000). mo 2005- 036 - An ordinance accepting competitive bids and awarding a comract for purchase of Distribution Transformer Repair services for DeNon Municipal Electric; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3262 - Annual Comract for Distribution Transformer Repair awarded to Greenville Transformer Company, Inc. in the estimated amount of $140,588). The Public Utilities Board recommended approval (4-0). Fo 2005-037 - An ordinance accepting competitive bids and awarding a comract for purchase of Medium Voltage Switchgear Buildings for DeNon Municipal Electric; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3282 - Three Year Agreemem for Purchase of Medium Voltage Switchgear Buildings awarded to ABB, Inc. in the estimated amount of $1,482,021). The Public Utilities Board recommended approval (4-0). Go 2005-038 - An ordinance providing for the expenditure of funds for the purchase of a used back-up diesel powered portable generator to be utilized by the Wastewater Department in the event of a loss of electric power in accordance with provisions of state law exempting such purchase from the requirements of competitive bidding; and providing for an effective date (File 3294 - Purchase of Emergency Generator for Wastewater Facilities awarded to American Generators in the amoum of $47,500). The Public Utilities Board recommended approval (7-0). Ho 2005-039 - An ordinance of the City of DeNon abandoning and vacating an approximate 0.992 acre portion of that certain public utility easement dated August 13, 1991 recorded in Volume 3047, Page 778 of the Real Property Records of DeNon County, Texas and providing for an effective date. (Mayhill - North Texas Surgical) City of DeNon City Council Minutes February 1, 2005 Page 5 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding the Alternative Development Plan for an approximately 0.833-acre site located in the Regional Cemer Commercial Neighborhood (RCC-N) zoning district. The proposed site was located west of State School Road and north of Brighton Drive. A restaurant was proposed. The Planning and Zoning Commission recommended approval (6-0) with conditions. (ADP04-O004, Sonic) Kelly Carpemer, Director of Planning and Development Services, presented the details of the proposed Sonic Restaurant. The site plan required an alternative development plan as the developer was unable to provide the required landscaping and tree buffer on the west of the property. Instead, the applicant proposed to replace the existing fence with an 8-foot fence between the site and the area residences. The Mayor opened the public hearing. The following individual spoke during the public hearing: Scott Maynard, Isabel Engineering, was available for questions. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-040 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 0.833 ACRE OF LAND GENERALLY LOCATED WEST OF STATE SCHOOL ROAD AND NORTH OF BRIGHTON DRIVE AND LEGALLY DESCRIBED AS LOT 1, BLOCK 2 OF BRIER CLIFF CENTER 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP04-0004) McNeill motioned, Thomson seconded to adopt the ordinance with the conditions recommended by the Planning and Zoning Commission. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance approving an amendmem to an interlocal agreement for use of Denia Park by the University of North Texas; authorizing the City Manager, or his designee, to execute the amendmem; and providing an effective date. The Parks and Recreation Board recommended approval (6-0). City of DeNon City Council Minutes February 1, 2005 Page 6 Janet Simpson, Director of Parks and Recreation, stated that this amendment would extend the agreemem with UNT for the use of Denia Park for an additional 6 momhs, as UNT's new facility was not complete. The neighborhood association had been comacted and parking and noise had been addressed. There would be better accommodations made for parking at the games and adjusted starting times for games. UNT would provide additional improvemems to the fields along with scoreboards and fencing. The following ordinance was considered: NO. 2005-041 AN ORDINANCE APPROVING AN AMENDMENT TO AN INTERLOCAL AGREEMENT FOR USE OF DENIA PARK BY THE UNIVERSITY OF NORTH TEXAS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. Kamp "aye", "aye". motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive sealed best value bids and awarding a comract for purchase of Underground Electric Service Installation for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3240 - Three Year Comract for Underground Service Installation awarded to Barco Construction, Inc. in the estimated amount of $1,000,000). The Public Utilities Board recommended approval (4-0). Sharon Mays, Director of Municipal Electric, stated that this was a three-year contract for underground service installation of electric lines. The following ordinance was considered: NO. 2005-042 AN ORDINANCE ACCEPTING COMPETITIVE SEALED BEST VALUE BIDS AND AWARDING A CONTRACT FOR PURCHASE OF UNDERGROUND ELECTRIC SERVICE INSTALLATION FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 3240 - THREE YEAR CONTRACT FOR UNDERGROUND SERVICE INSTALLATION AWARDED TO BARCO CONSTRUCTION, INC. IN THE ESTIMATED AMOUNT OF $1,000,000). McNeill motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, approving an agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract; authorizing the City City of Demon City Council Minutes February 1, 2005 Page 7 Manager to execute the agreement and to expend funds with respect to the agreement; and providing for an effective date. Barbara Ross, Community Development Administrator, stated that this was a new agreement for the affordable housing opportunity program. It would assist individuals in acquiring homes or property for sale, renovate those homes and sell them to eligible individuals. The following ordinance was considered: NO. 2005-043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUS1NG CORPORATION; PROVIDING FOR THE TERMS OF SAID CONTRACT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND TO EXPEND FUNDS WITH RESPECT TO THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered approval of a resolution of the City of Demon, Texas authorizing the suspension of the effective date umil May 15, 2005 for the Gas Reliability Infrastructure Program adjustments proposed by Atmos Energy Corporation's Mid-Tex Division; authorizing participation in a coalition of cities known as Atmos Texas Municipalities ("ATM"); authorizing the hiring of lawyers and rate experts; authorizing the City's participation to the full extem permitted by law at the Railroad Commission of Texas with regard to the Gas Reliability Infrastructure Program adjustments proposed by Atmos Pipeline; requiring the reimbursement of municipal rate case expenses; finding that the meeting complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date. City Attorney Prouty stated that the resolution would suspend until May 15, 2005 the effective date of the rate increase proposed by Atmos and allow time to study the request under the new statute. The resolution would also authorize a coalition of cities to hire rate consultants for the study. If the Council did not pass this resolution, the increase would automatically go into effect on February 15th. There were already at least 12 cities that had passed similar resolutions. The following ordinance was considered: NO. R2005-004 A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE UNTIL MAY 15, 2005 FOR THE GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENTS PROPOSED BY ATMOS ENERGY CORPORATION'S MID-TEX DIVISION; AUTHORIZING PARTICIPATION IN A COALITION OF CITIES KNOWN AS ATMOS TEXAS MUNICIPALITIES ("ATM"); AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS City of Demon City Council Minutes February 1, 2005 Page 8 WITH REGARD TO THE GAS RELIABILITY INFRASTRUCTURE PROGRAM ADJUSTMENTS PROPOSED BY ATMOS PIPELINE; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Redmon motioned, Mulroy seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. E. The Council considered approval of a resolution of the City of Demon, Texas authorizing a review of the reasonableness and prudence of gas purchases and expenditures of TXU Gas Company, now known as Atmos Energy Corporation, between November 1, 2000 and October 31, 2003; authorizing the City joining with other similarly situated cities in a coalition known as the Atmos Texas Cities ("ATM"); authorizing the hiring of special counsel and experts in the purchase or sale of gas; authorizing the intervention in GUD Docket No. 9530 at the Railroad Commission and related proceedings; requiring the reimbursemem of reasonable legal and consultant expenses; finding that the meeting complied with the Open Meetings Act; and declaring an effective date. City Attorney Prouty stated that this was another proceeding now pending before the Railroad Commission dealing with a gas adjustmem clause in the rates. The only way to review the proposed adjustment was with this type of resolution. The following resolution was considered: NO. R2005-005 A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING A REVIEW OF THE REASONABLENESS AND PRUDENCE OF GAS PURCHASES AND EXPENDITURES OF TXU GAS COMPANY, NOW KNOWN AS ATMOS ENERGY CORPORATION, BETWEEN NOVEMBER 1, 2000 AND OCTOBER 31, 2003; AUTHORIZING THE CITY JOINING WITH OTHER SIMILARLY SITUATED CITIES IN A COALITION KNOWN AS THE ATMOS TEXAS CITIES ("ATM"); AUTHORIZING THE HIRING OF SPECIAL COUNSEL AND EXPERTS IN THE PURCHASE OR SALE OF GAS; AUTHORIZING THE INTERVENTION IN GUD DOCKET NO. 9530 AT THE RAILROAD COMMISSION AND RELATED PROCEEDINGS; REQUIRING THE REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to approve the resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: City of DeNon City Council Minutes February 1, 2005 Page 9 A. Shawn Griffin regarding new permitting requiremem per city statute for waste haulers. Mr. Griffin stated that Ordinance 2004-258 was illegal as it conflicted with federal regulations. The City's ordinance required the providing of a customer list, which was in conflict with "terrorism" regulations. His business dealt with waste cooking oil recycling and should not be included in the current regulations. B. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth was not present at the meeting. G. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Redmon requested an update on the purchase of a visible safety truck for utility crews working on major roadways within the city. 2. Council Member Kamp requested a work session regarding the city's relationship with area fire departments and the County in terms of funding, responses, etc. 3. Council Member Mulroy requested a discussion on Ordinance 2004-258 relative to Mr. Griffin's citizen report. 4. Council Member Mulroy requested a discussion relative to various areas of business with the County. 5. Mayor Pro Tem McNeill also requested a discussion on Ordinance 2004-258 relative to small operators. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no cominuation of the Closed Meeting. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Momgomery motioned, McNeill seconded to direct staff to take action on Robinson v. City of Demon as discussed in Executive Session. On roll vote, Kamp "aye", McNeill "aye", City of Demon City Council Minutes February 1, 2005 Page 10 Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock Motion carried unanimously. With no further business, the meeting was adjourned at 7:30 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULINEBROCK MAYOR CITY OFDENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 7, 2005 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Monday, February 7, 2005 at 11:30 a.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, Thomson ABSENT: Council Member Redmon 1. The Council received a report, held a discussion and gave staff direction regarding re- development and enhancement of neighborhoods. Mike Conduff, City Manager, introduced Darlene Mullenweg, a local realtor. Ms. Mullenweg stated that she was a former resident of Richardson where she had been involved in the neighborhood programs coordinated through the city. She shared with the Council her experience regarding the advantages of active neighborhood groups. Mullenweg introduced David Morgan, Assistant City Manager of Community Services in Richardson. Morgan stated that Richardson had started re-development of neighborhoods by using code enforcement, City Council/Homeowners Association Presidents meetings once a month, a Neighborhood Vitality Program, Matching Fund Beautification Program, and a Volunteer Assistance Program. He stated that neighborhoods go thru life cycles. They can grow and they can decline based on the age of homes, maintenance, and other factors. Residents sometimes do not have the financial means or may have physical limitations and could not maintain their property. Through the Volunteer Assistance Program the City had partnered volunteers to help these residents. The City had also developed a sidewalk program and fixed thousands of sidewalks. The Council had adopted a Neighborhood Vitality and Integrity Strategy that included a commitment to providing strong, progressive code enforcement; neighborhood relations efforts to support neighborhood groups and leaders and to promote neighborhoods in the marketplace; and neighborhood enhancement initiatives to help neighborhoods better understand what's working and what's not working and to implement neighborhood improvement initiatives. Morgan stated that to implement the Neighborhood Vitality & Integrity Strategy the City had created a Neighborhood Services Division. The new Division served as the center of the new Neighborhood Vitality & integrity Strategy by incorporating code enforcement, neighborhood enhancement strategies, and neighborhood relations efforts. Code Enforcement reported to the Neighborhood Services Manager. They had eight code enforcement officers for single family and commercial properties and one building inspector for multi-family and rental properties. He stated that the City had an inspection program that 95% of the rental properties in the city were registered for - 28,000 properties. He stated the City used the international Property Maintenance Code standards. The Council had adopted new regulations for parking recreational vehicles in residential districts, garage enclosures, residential rental properties, home occupancy, brush and bulky item collection, and holding garage sales. City of Demon City Council Minutes February 7, 2005 Page 2 Morgan stated that Neighborhood Relations strategies were a crucial ingredient for a healthy neighborhood. Residents had to work together to resolve problems. Neighborhood enhancement strategies were measures designed to encourage residents to improve their homes and neighborhood beyond minimum standards. 2. The Council was to have received a report, held a discussion and gave staff direction concerning regulating extended stay facilities. Due to time constraints, this item was not considered. With no further business, the meeting was adjourned at 1:35 p.m. JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS EULINE BROCK MAYOR CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 8, 2005 The City Council convened in a 2nd Tuesday Session of the City of Denton City Council on Tuesday, February 8, 2005 at 4:00 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Brock, Mayor Pro Tem McNeill, Council Members Kamp, Montgomery, Mulroy, Redmon, Thomson. ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding the Police Department staffing study performed by Del Carmen Consulting, LLC, to include a staff analysis of the rolling stock in the Police Department fleet of motor vehicles. Chief of Police Charles Wiley, introduced Alex del Carmen, Del Carmen Consulting, LLC, who was hired by the Police Department to conduct an assessment of the Police Department staffing as well as the Department's take home vehicle program. Alex del Carmen introduced Rick Smith and Wade Goolsby, who had assisted with the study. Del Carmen stated that the objective of the study was to determine the need for additional support staff and officers in order to continue to offer community-policing services; determine an adequate number of support staff and detectives in the investigative function; and determine if the Take Home Vehicle Program should remain in place. Smith reviewed recommendations relating to Patrol Staffing and Allocation. The study focused on the number of patrol officers needed to adequately respond to calls for service. The Police Department currently had 66 officers assigned to the patrol function. The study recommended that the Department increase the number of patrol officers to 69. The Department needed to continue to build on and enhance its commitment to Community Oriented Policing. The Department's ability to maintain and enhance community policing was related to adequate staffing levels in patrol. The current information systems used by the Department were in need of improvement. Council Member Mulroy requested a report on the percentage of time 66 patrol officers were involved in the COPS program. Council Member Montgomery requested information on how the departmental budget was allocated to personnel and equipment. Mulroy requested a more comprehensive report on capital costs. Recommendations relating to the Investigative Function included: Implement a Case Management System which would track the number of cases assigned, track the number of cases cleared, monitor investigator performance, ensure case accountability, and monitor cases over 30 days old. Restructure Investigative Services: add two sergeant positions, re-distribute units to balance responsibility, limit number of subordinates to ensure adequate supervision, add Pawn Detective position. Improve efficiency: assign physical workspaces related to assignment; add clerical staff - create data entry position for pawn ticket entry, create clerical support position to minimize the typing, filing, etc. by investigators. Follow up implementation of a Case City of DeNon City Council Minutes February 8, 2005 Page 2 Management System with a review of caseloads and unit structures. Conduct annual reviews of caseloads, crime trends, and re-evaluate ISB structure. Recommendations relating to the Take Home Vehicle Program: Retain and expand the curreN program. Develop a data collection mechanism that records the number of criminal incideNs responses by participating officers. Council Member Mulroy requested a separate analysis of the Take Home Vehicle Program versus a pooling policy. 2. The Council held a follow-up discussion on the Council's 2004 Retreat considerations. I. City Council Governing Control Algorithm - staff was still working on implemeNing policies and procedures. II. Council Operating Procedures - Changes to Citizen Reports had been completed. Council stated they needed to be more diligent in their interaction with City Staff. Council would continue to steer citizens to appropriate City staff when possible. Council requested that if they forwarded e-mail or questions to staff that staff would send e-mail to all Council letting them know they got the request and were working on a resolution or how the problem was resolved. The Council reminded each other to advise Michelle when they would be participating in evens so this information could be included in the Friday memo. Staff and Council would coNinue to work on items relating to improving Council Planning and Work Sessions. III. City Departments - Evaluation of the Development Review process and Engineering Department procedures was in process. General Government departments were re-examining departmeN processes to improve efficiency. Questions regarding police protection, etc. remained unanswered after earlier presentation. Council requested that Jon Fortune set up criteria on people vs. vehicles using information provided tonight to do a proper review of the allocation of resources. Staff was moving forward with the "red light" camera program. Council met with the Diversity Committee Chair. Staff was still working on re-evaluation of the hiring techniques for civil service positions. This would be brought forward as part of the budget process because of funding implications. IV. Planning and Development for the City - Several items had been discussed but no policy direction had been given. City Manager evaluation of re-allocation of staff positions for total development of the Downtown Master Plan was on hold. A "downtown" facilitated town hall meeting was being planned. Procedures to target development of specific tracts and locations to meet the particular plans of the City was part of Paris Rutherford's charge but it needed to be more comprehensive to include other areas of the city including park land to the south and developmeN in the northwest section of town. V. Environmental Concerns - Well underway but not totally complete VI. Service to Citizens - completed City of Demon City Council Minutes February 8, 2005 Page 3 4. Suggestions for Agenda Committee on future agenda items and/or placement of items for upcoming agendas. Council Member Kamp requested a work session be scheduled to discuss the Fry Street Fair. Council Member Thomson requested information regarding tasers and the risk factor involved in using them. Council Member Redmon requested an update on the Police Department satellite offices and whether they were still effective. Council Member McNeill requested a report on the contract process for street repair and inspections. 3. The Council received a report, held a discussion, and gave staff direction regarding a proposed reorganization of the Legal Department. The Mayor announced that the Council would convene into Closed Meeting to consider the specific items listed below. 1. Closed Meeting: Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072, Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Discussed and deliberated the potemial value of and the sale or lease or other disposition of numerous tracts of certain real property and appurtenances, thereto, consisting of street right of way all owned by the City of Demon, Texas, being situated throughout the City of Demon, Texas relating to fiber optic operations both inside and outside the city limits of the City of Demon, Texas; including possible agreemems for use of this real property with Denton County and Denton Independent School District; and the receipt of legal advice from the City's attorneys on matters in which their professional responsibility to the City Council regarding real estate matters requires private legal consultation. B. Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551.074. Discussed the evaluation of the City Attorney including deliberation on the City Attorney's duties. 2. Discussed the duties and responsibilities of the City Manager. The Council reconvened imo open session and took the following action. City of Demon City Council Minutes February 8, 2005 Page 4 A motion was made and seconded for the City Attorney to work with the Council Appoimee Performance Measures Committee to implement the recommendations for the Legal Department's reorganization as discussed in Executive Session. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. With no further business, the meeting was adjourned. JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS EULINE BROCK MAYOR CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 9, 2005 Join Meeting of the City of DeNon City Council and the DeNon IndependeN School District Board of Trustees on Wednesday, February 9, 2005 at 12 noon in the Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Council Member Redmon 1. Mayor Brock called the meeting to order and announced a quorum of the Council was present. 2. The Council received an update and held a discussion on DeNon ISD enrollmeN. DISD staff presented a 3-year enrollment comparison of Denton lSD Secondary Schools. The middle schools, high schools, and alternative schools combined were experiencing a 5.43% annual growth rate. A 3-year enrollmeN comparison of the primary grades showed a 7.04% annual growth rate. 3. The Council received a review and held a discussion of comparative School District demographics. DISD staff presented comparable data of Denton lSD to area schools. DISD enrollment as of January 2005 was 16,976 students. The student population was 11.5% African American, 27.4% Hispanic, and 58.5% Caucasian. The teacher turnover rate was 12.1%, which was low compared to other school districts. DISD expenditures per pupil were $8,669 per pupil for the 02-03 school year. DISD was the most diverse school district in Denton County. 4. The Council received a review and held a discussion of multifamily enrollmeN trends. DISD staff presented the City of Denton student population profile for apartments and mobile home parks. The studeN population included 11% that lived in mobile home parks - 69% of those students were in the city limits, 31% outside the city limits. Thirteen percent of the student population lived in apartments - 100% of those students were in the city limits. This student population included 15% with limited English proficiency and 38% that were economically disadvaNaged. 5. The Council received an update and held a discussion on tax-exempt properties. John Cabrales, Public Information Officer, stated that the city of Denton covered 44,570 acres - 5,391 acres or 12.11% were tax exempt properties; 22,945 acres or 51.56% were actually developed. 6. The Council received an update and held a discussion on appraisal cap legislation. John Cabrales, Public Information Officer, stated that they would urge the legislature no to adopt any school finance reform or tax system changes that would negatively affect city revenues and economic development efforts. City of DeNon City Council Minutes February 9, 2005 Page 2 7. The Council received a review and held a discussion on legislative positions of the City and Denton lSD. Mayor Brock reviewed the legislative issues affecting the City as outlined in the Legislative Program. 8. The Council held a discussion of DeNon County Day issues. Chuck Carpemer, Presidem of the DeNon Chamber of Commerce, briefed the City Council and School Board Trustees on the calls that were scheduled with legislators. Calls relating to economic developmem, property tax appraisal caps, regional transportation authority, and public education were scheduled. 9. Determine next meeting date. This item was not discussed. 10. With no further business, the meeting was adjourned at 2:00 p.m. JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS EULINE BROCK MAYOR CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 16, 2005 After determining that a quorum was presem, the City Council of the City of Demon, Texas convened in a Special Called Meeting on Wednesday, February 16, 2005 at 11:30 a.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Council Members Kamp, Montgomery, and Mulroy. ABSENT: Mayor Pro Tem McNeill; Council Members Thomson and Redmon. 1. Council considered adoption of an ordinance canvassing the returns of the bond election held on February 5, 2005; and providing for an effective date. The following ordinance was considered: NO. 2005-044 AN ORDINANCE CANVASSING THE RETURNS OF THE BOND ELECTION HELD ON FEBRUARY 5, 2005; AND PROVIDING FOR AN EFFECTIVE DATE. Montgomery motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", Montgomery "aye", Mulroy "aye", and Mayor Brock "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 11:40 a.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULINEBROCK MAYOR CITY OFDENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 22, 2005 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Tuesday, February 22, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, Redmon and Thomson. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding the creation of an approximately 11.6 acre historic conservation overlay district. The property was generally located on the east and west sides of Bell Avenue, south of Sherman Drive and north of University Drive. The Historic Landmark Commission recommended approval (7-0). The Planning and Zoning Commission recommended approval (6-0). Julie Glover, Historic Preservation Officer, reviewed the history of the proposal. The district was being created in order to give protection to the older neighborhood similar to what newer neighborhoods had in such areas as setbacks, etc. Council discussion included: If changes were made to the ordinance would it have to go back to the Planning and Zoning Commission? Glover replied no that it could move forward. Why was historical preservation in the Economic Development Department instead of the Planning Department? Glover reviewed the history of the department. Council requested details on the history of the department and why the Historic Preservation Officer was under Economic Development and not under Planning. Why did it appear that the process seemed to stall out? Glover replied that the neighborhood needed time to work out details and the umbrella ordinance was also being created at that time. This was a two-step process. First the Planning and Zoning Commission recommended the creation of this type of district and then it had to go to Council for approval. This would be the first implementation of a conservation district. From a functional standpoint it appeared that the department needed to be in the planning area and not in the economic department area. Creation of the district would enhance the value of the homes in the area. The district could be increased after it was established. The overlay zoning would not change the basic zoning of the district and the realtors and homeowners needed to inform potential purchasers of homes in the area of the historic designation. Would designation signs be placed in the area similar to the ones on Oak Street? Staff would investigate whether a provision could be added to the ordinance relative to notification of placement in district. Consensus of Council was to proceed with the finalization of the ordinance. City of DeNon City Council Minutes February 22, 2005 Page 2 2. The Council received a report, held a discussion, and gave staff direction regarding the City of DeNon Animal Services Departmem. Scott Fletcher, Denton Police Department, presented an overview of the Animal Services Department. The Department's mission included rabies control, enforcement, and operation of the animal shelter and euthanasia/cremation services. The shelter housed an average of 356 animals a month. The Department's strategic plan included staffing, training of employees, facility and adoptions. Staff continued to look at where the department was now and where it should be and how to get there. He reviewed current staffing and suggested staffing for future needs. He reviewed the training available for the animal services officers and suggested future training needed for the officers. The facility's physical condition was reviewed in terms of general atmosphere, kennel capacity and disease comrol. A one-stop adoption process or contract with veterinarian services was needed to better serve the citizens who wanted to adopt pets from the shelter. Staff requested direction regarding the adoption process, staffing and the facility. Discussion from the Council included: The Plano facility was held up as an example of a high quality facility-what was the cost of that facility? How were out-of-city animals handled? They were brought to the shelter-the city did not go and get them. Discussion on the location of the facility - whether it was in a good location or not. Should the facility be renovated or start over with a new building? Interfacing with citizen groups was important. Other cities included the cost of veterinarian services in the charges for adoption. The one-stop adoption process was reviewed. Marilyn Wells, Denton Humane Society, made a presentation to the Council. She stated that the Society recommended building a new facility. She reviewed problems the Society felt were wrong with the facility such as disease comrol and overcrowding. Staffing at the facility was under the norm. The Society did have a good working relationship with city staff and appreciated the cooperation of the staff. Council discussed with Ms. Wells the fact the current resources were built in 1979 when other places were small towns and now as an older city DeNon had to catch up. The taxable capacity in Denton was much less than other cities Denton was being compared with. Direction from the citizens would be valuable on what they would like to have and how to pay for it. The Society could help idemify funding sources for a new facility and work with the County to find some of the funding. Consensus of Council to proceed with one stop adoption, looking at either renovation of the currem facility or a new facility. Funding options should be explored along with a combination of an additional facility, add another building and renovate the currem buildings. 3. The Council received a report, held a discussion and gave staff direction regarding a Request for Engineering Development Review Services. City of DeNon City Council Minutes February 22, 2005 Page 3 Kelly Carpemer, Director of Planning and Developmem Services, stated that a request for proposal was being developed that would result in a comract with a firm or firms that would provide engineering review of developmem proposals for the City. Under the guidance of the Director of Planning and Developmem and the Developmem Review Administrator, consultams would be used for engineering review. The Administrator would oversee the comract, direct the consultams, provide imerface between the consultams and the city's Utilities and Engineering CIP Departmem as well as between the City and developmem permit applicams. An Engineering Cabinet would be established to provide a forum imernal to the city for balancing the imerests of infrastructure growth and developmem and economic developmem. It was amicipated that schedules would not shorten but the number of engineering review cycles would decrease over time and decrease the duration of the developmem review process. Council discussed that an outside firm would need to pay attemion to details with the Demon Developmem Code and other city regulations. The Planning employees would still be in place to assist with the memory from prior developmems. An Infill policy would resolve issues as to whether developmem met the criteria. The challenge was to develop infill criteria that was easy to understand. Consensus of the Council was to move ahead with the proposal. 4. The Council received a report and held a discussion regarding the North Cemral Texas Workforce Developmem Board and its services available to the City of DeNon. Kelly Barrara, North Cemral Texas WorkForce Commission, presemed information on the organization and services to the community. 5. Staff responded to requests for clarification of consem agenda items listed on the consem agenda for February 22, 2005. Following the completion of the Special Called Work Session, the City Council convened in a Closed Meeting to consider specific items listed below under the Closed Meeting section of this agenda. 1. The following was considered in Closed Meeting: Consultation with the City Attorney -- Under TEXAS GOVERNMENT CODE Section 551.071. Receipt of legal advice from City Attorney regarding the Award of Special Commissioners and procedural options in condemnation proceedings styled City of Denton, Texas v. Dana J. Beavers aka Dana J. Smith, et al., Cause No. ED-2004-485 pending in the Probate Court of Demon County, Texas. Special Called Regular Meeting of the City of DeNon City Council on Tuesday, February 22, 2005 at 6:30 p.m. in the Council Chambers at City Hall. City of DeNon City Council Minutes February 22, 2005 Page 4 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Teas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Brock presemed a proclamation for National TRIO Day. B. February Yard-of-the-Momh Awards Mayor Brock presemed February Yard of the Momh Awards to: Britt and Jane Krhovjak James and Margaret Schulze What-A-Burger-712 Fort Worth Drive C. Recognition of staff accomplishmems City Manager Conduffpresemed staff accomplishments to the Council and audience. 3. CONSENT AGENDA McNeill motioned, Thomson seconded to approve the Consem Agenda and accompanying ordinances and resolutions. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Approved the minutes of: January 11, 2005 January 18, 2005 - with correction January 24, 2005 January 25, 2005 Confirmed the appointmem by the City Manager of a new member to the Civil Service Commission. R2005-006 - A resolution of the City of DeNon, Texas, authorizing and directing the City Attorney to file Amicus Briefs and other pleadings in support of the City of Rockwall in a case styled Hughes v. City of Rockwall; and providing an effective date. 2005-045 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of overhead conventional pole-mounted distribution transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3285 - Three Year Comract City of DeNon City Council Minutes February 22, 2005 Page 5 for Overhead Conventional Pole-Mounted Transformers awarded to the lowest responsible bidder for each item in the estimated amoum of $169,895). The Public Utilities Board recommends approval (6-0). mo 2005-046 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of pad-mounted underground distribution transformers for DeNon Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3289 - Three Year Comract for Pad- Mounted Underground Distribution Transformers awarded to the lowest responsible bidder for each item in the estimated amoum of $1,690,000). The Public Utilities Board recommends approval (6-0). Fo 2005-047 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 3291 - Annual Comract for Water Treatmem Chemicals awarded to the lowest responsible bidder for each item in the estimated amoum of $500,000). The Public Utilities Board recommends approval (6-0). Go 2005-048 - An ordinance approving a change order for a three-year comract between the City of DeNon and Waukesha Electric Systems, inc. approved by Ordinance No. 2003-383 for the purchase of 15/20/25 MVA power transformers; providing for the expenditure of funds therefor; and providing an effective date (Bid 3105 - Three Year Agreemem Change Order One in the estimated amoum of $54,000 per transformer). The Public Utilities Board recommends approval (6-0). Ho 2005-049 - An ordinance accepting competitive bids by way of an Imerlocal Agreement with State of Texas Building and Procurement Commission and awarding a contract for the purchase of Tires & Tubes to Gray's Wholesale Tire Distributors, inc.; providing for the expenditure of funds therefor; and providing an effective date (File 3297 - imerlocal Agreemem for Tires & Tubes with State of Texas Building and Procurement Commission, contract awarded to Gray's Wholesale Tire Distributors, inc. in the estimated amoum of $100,000). 2005-050 - An ordinance of the City of DeNon authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governmems (HGAC) for the acquisition of a hazardous materials response vehicle for the City of Denton Fire Department by way of an interlocal Agreemem with the City of DeNon; and providing an effective date (File 3299 - interlocal Agreement for Hazardous Materials Response Vehicle with HGAC awarded to Martin Apparatus, inc. in the amoum of $430,000). Jo 2005-051 - An ordinance accepting competitive bids and awarding a comract for purchase of heavy trucks for various City departmems; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3252 - Fleet Heavy Trucks awarded to the lowest responsible bidder for each item in the amoum of $553,345). The Public Utilities Board recommends approval of Utility related vehicles in the amoum of $304,364. City of DeNon City Council Minutes February 22, 2005 Page 6 Ko 2005-052 - An ordinance accepting competitive bids and awarding a comract for purchase of two rear-load chassis only and one roll-off refuse truck for the City of Denton Solid Waste Department; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3281 - Refuse Trucks awarded to lowest responsible bidder for each item in the amoum of $315,524). The Public Utilities Board recommends approval (6-0). Lo 2005-053 - An ordinance of the City of DeNon, Texas authorizing paymem of the Award of Special Commissioners into the Registry of the Court in condemnation proceeding styled City of Denton, Texas v. Dana J. Beavers aka Dana J. Smith, et al., Cause No. ED-2004-485 pending in the Probate Court of DeNon County, Texas, and declaring an effective date. Mo 2005-054 - An ordinance of the City of DeNon, Texas authorizing the City Manager to execute a Professional Services Agreement with R. W. Beck, Incorporated, Austin, Texas, for consulting services pertaining to the preparation of a solid waste department operational analysis and review; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (4-0). No R2005-007 - A resolution of the City Council of the City of DeNon, Texas, authorizing the Mayor, as representative of the City, to issue a letter designating the DeNon Children's Coalition Success by 6®, as "Local Council" for the purposes of application for Early Learning Opportunities Act (ELOA) discretionary grant funds; to designate the United Way of Denton County as fiscal agent for the "Local Council"; and providing an effective date. Oo 2005-055 - An ordinance of the City of DeNon, Texas approving and authorizing the Mayor to execute an Interlocal Agreement between the City of Denton and Denton County, Wise County, Cooke County, Montague County, City of Gainesville, and the City of Bowie for the purpose of participating in the North Central Texas Arson Task Force; and declaring an effective date. iD, 2005-056 - An ordinance approving an abandonmem of Street Right-of-Way for a portion of Woodrow Lane adjacem to a 0.510-acre tract of land as described in deed from Thomas W. Whiltlock to William L. Mitchell, II, and David J. Moraine, as recorded under Clerk's Documem Number 2004-1871, Real Property Records, Denton County, Texas, and being located in the J. Brock Survey, Abstract Number 55, Denton County, Texas, and providing an effective date. Qo 2005-057 - An ordinance approving a Right-of-Way Use and Encroachmem Agreemem between the City of DeNon and the University of North Texas to allow boring under existing City public utility easemems and public right-of-way that will accommodate the installation of Electric Facilities between University of North Texas Properties located on the east and west sides of Bonnie Brae Street; and providing an effective date. City of DeNon City Council Minutes February 22, 2005 Page 7 Ro 2005-058 - An ordinance approving an Imerlocal Ambulance Agreemem between the City of DeNon and the City of Ponder for ambulance service; and declaring an effective date. So 2005-059 - An ordinance approving an Imerlocal Ambulance Agreemem between the City of Denton and the City of Sanger for ambulance service; and declaring an effective date. To 2005-060 - An ordinance of the City of DeNon, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. Uo 2005-061 - An ordinance of the City of DeNon, Texas approving and authorizing the Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. go 2005-062 An ordinance of the City of DeNon, Texas providing for the Amendmem of the Industrial Developmem Rider (Schedule IDR) to the schedule of electric rates comained in Ordinance No. 2004-386; the purpose of which amendment to the above recited rate schedule IDR being to clearly express the policy of the City Council regarding the qualification for such rate; providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommends approval (4-0). Wo 2005-063 An ordinance of the City of DeNon, Texas providing for the amendment of the Schedule of Water Rates in Ordinance No. 2004-256; amendment of the Schedule of Wastewater Rates in Ordinance No. 2004-257; amendmem of the Schedule of Solid Waste Rates in Ordinance No. 2004-258; and amendmem of the Schedule of Electric Rates in Ordinance No. 2004-386; the purpose of which amendment to the above recited rate ordinances being to remove all reference to any provision dealing with the proration of billing of such accounts, it being the policy of the City of Denton, Texas to no longer provide for proration of utility billing accoums; providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommends approval (4-0). Xo 2005-064 - An ordinance ordering an election to be held in the City of DeNon, Texas, on May 7, 2005, and, if a runoff election is required, on June 11, 2005 for the purpose of electing council members to Places, 1, 2, 3, and 4 of the City Council of the City of DeNon, Texas, designating voting places and appoiming election officials, providing for bilingual notice of the election, ordering that an electronic voting system be used, making additional provisions for the conduct thereof, providing an open meetings clause, and providing for an effective date. Yo 2005-065 - An ordinance of the City of DeNon, Texas authorizing settlemem of litigation styled Patrick Robinson v. City of Denton, Texas, et al, Cause No. 2003- 60130-393, filed in the 211th District Court of Denton County; authorizing the City Manager and the City's attorneys to act on the City's behalf in executing any City of DeNon City Council Minutes February 22, 2005 Page 8 and all documents, and to take other actions necessary to finalize the settlement and release of claims; authorizing the expenditure of funds therefor; and declaring an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance amending Subchapter 35.13 (Site Design Standards) of the DeNon Developmem Code. The Planning and Zoning Commission recommended approval (6-0). (SI04-0035, Street Tree Regulations) Kelly Carpenter, Director of Planning and Development, stated that this was a cleanup item for the street tree regulations. The problem was that smaller lots could not fit in all the required items. Current regulations required one tree every 30 feet regardless of development type and made no reference to separation distances from utility connections, utility mains, or road elevations. This proposed amendmem would exempt estate-style single-family subdivisions that contained lot frontages of greater than 100 feet and lots greater than or equal to 1 acre in area, and utilized barrow ditches for drainage on street fromages. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-066 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.13 OF THE DENTON DEVELOPMENT CODE PERTAINING TO STREET TREE REGULATIONS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2,000.00 PER DAY FOR A VIOLATION THEREOF; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (SI04-0035). Mulroy motioned, Kamp seconded to adopt the ordinance as presented. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered the following regarding Presbyterian Hospital: Council considered adoption of an ordinance approving an Encroachmem Agreement between the City of Denton and Triad-Denton Hospitals, Limited Partnership, to allow monument and directional signage to be located within various existing City public utility easemems; and providing an effective date. City of DeNon City Council Minutes February 22, 2005 Page 9 Kelly Carpemer, Director of Planning and Developmemal Services, stated that Triad-Demon Hospitals had requested approval for the location of signage within several existing city public utility easemems. The second part of the request was for approval of a special sign district to deviate from the Developmem Code requiremems. Mayor Brock indicated that Items 4.B. 1. and 4.B.2. would be considered together but voted on separately. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Chad Durham, represeming the petitioner, spoke in favor. Jack Daniels requested information regarding signs on I35 for the hospital. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-067 AN ORDINANCE APPROVING AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF DENTON AND TRIAD-DENTON HOSPITALS, LIMITED PARTNERSHIP, TO ALLOW MONUMENT AND DIRECTIONAL SIGNAGE TO BE LOCATED WITHIN VARIOUS EXISTING CITY PUBLIC UTILITY EASEMENTS; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Mulroy seconded to adopt the ordinance for 4.B. 1. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. The Council held a public hearing and considered the creation of a Special Sign District for the Presbyterian Hospital development. The approximately 47 acre property was in a Dowmown Commercial General (DC-G) zoning district and was generally located south of Scripture Street, north of West Oak Street, and west of Bonnie Brae. The purpose of the Special Sign District was to allow signage for a development to deviate from the requirements of Subchapter 15 of the Development Code relating to directional signage. The Planning and Zoning Commission recommended approval (6-0). (SD04-0003, Presbyterian Hospital) The following ordinance was considered: NO. 2005-068 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN APPROXIMATE 47.12 ACRES OF LAND SURROUNDED BY INTERSTATE 35, SCRIPTURE STREET, BONNIE BRAE, AND WEST OAK STREET AND FURTHER City of Demon City Council Minutes February 22, 2005 Page 10 DESCRIBED AS LOTS 1R1, 1R2 AND LOTS 2-8, BLOCK 1 OF THE TRIAD ADDITION; LOT 10R, BLOCK A OF THE BONNIE BRAE ADDITION; AND LOT 1, BLOCK A OF THE MED-TEX SUBDIVISION IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (8D04- 0003) Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution reviewing and adopting the Investment Policy for funds for the City of Denton; designating an investment officer; providing a savings and a repealing clause; and providing an effective date. Diana Ortiz, Director of Fiscal Operations, stated that this was the required annual review of the Investment Policy. The recommended change was to adjust the reporting date from 90 days to 120 days that would coincide with the end of the fiscal year. The proposal had been reviewed by the Investment Committee and approved to forward it to the Council for consideration. The following resolution was considered: NO. R2005-008 A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT OFFICER; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Thomson motioned, Mulroy seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance approving a professional services agreement for a Downtown Redevelopment Implementation Plan between the City of Denton and RTKL Associates, Inc.; authorizing the expenditure of funds therefor and providing an effective date. Linda Ratliff, Director of Economic Development, stated that this was a proposal for professional services with RTKL Associates for downtown development and a transit center development. The following ordinance was considered: City of Demon City Council Minutes February 22, 2005 Page 11 NO. 2005-069 AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR A DOWNTOWN REDEVELOPMENT IMPLEMENTATION PLAN BETWEEN THE CITY OF DENTON AND RTKL ASSOCIATES, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE. Redmon motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered approval of a resolution of the City of Demon, Texas, endorsing and advocating a proposed service plan rail route by the Denton County Transportation Authority that would use the former Union Pacific Railroad Right-of-Way ("MKT") that runs parallel to 1-35 East between North Carrollton and Denton, with an ultimate terminus within downtown Denton, and providing an effective date. Jon Fortune, Assistant City Manager, stated that DCTA was in the process of determining a final route for rail with a terminus in downtown Denton. The proposed resolution advocated the route with the MKT line. The following resolution was considered: NO. R2005-009 A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING AND ADVOCATING A PROPOSED SERVICE PLAN RAIL ROUTE BY THE DENTON COUNTY TRANSPORTATION AUTHORITY THAT WOULD USE THE FORMER UNION PACiFiC RAILROAD RIGHT-OF-WAY ("MKT") THAT RUNS PARALLEL TO 1-35 EAST BETWEEN NORTH CARROLLTON AND DENTON, WITH AN ULTIMATE TERMINUS WITHIN DOWNTOWN DENTON, AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered nominations/appoimmems to the City's Boards and Commissions. Council Member Mulroy requested that Council waive the rules and appoint Jim Strange to the Zoning Board of Adjustment at this meeting. Mulroy motioned, McNeill seconded to suspend the rules and approve the nomination of Jim Strange to the Zoning Board of Adjustment. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of DeNon City Council Minutes February 22, 2005 Page 12 Council Member Redmon nominated Emma Guzman-Ramon to the Planning and Zoning Commission. Citizen Reports 1. Review of procedures for addressing the City Council. The Council received a citizen report from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth felt that there was an attempt to stop citizens from speaking at meetings due to moving the item to the end of the agenda. The proposed DCTA train route would be straight through southeast Denton but no one, except the residents of the area, seemed to mind. He expressed concern again about the lack of African-American firefighters and only one departmem head in the city who was African-American. B. Dessie Goodson regarding responsibility. Ms. Goodson stated she had requested a copy of an ordinance but she felt it was not a copy. She also made commems on her ambulance bill she had received from the City. C. J.B. Spaulding regarding Fire Station 7. Mr. Spaulding represemed the citizens of Robson Ranch. He requested Council delay the final consideration of the location of Fire Station No. 7 until residents had a chance to discuss the issue with Council in open session. It was felt that the location of the station at the Vintage East location would not provide the adequate response time needed for Robson Ranch. A Robson Ranch location would provide better response time for residents in the area. F. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Council Member Montgomery mentioned the Denton Live magazine for residents. 2. Mayor Pro Tem McNeill requested a work session on gas well revenues and how the money was placed in the general budget and what do with it as one time money. 3. Mayor Pro Tem McNeill requested a work session regarding parking of vehicles on private property. 4. Council Member Kamp requested a discussion regarding building Fire Station 7 as a "green" building. 5. Council Member Redmon requested information on ambulance billing. 6. Council Member Redmon requested information on the city's environmemal standards lighting in buildings, air conditioning, etc. City of Demon City Council Minutes February 22, 2005 Page 13 7. Mayor Brock requested a discussion regarding the location of Fire Station 7 in order to receive public input. G. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda The City Manager did not have any items for Council. H. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action taken on Closed Meeting Items. With no further business, the meeting was adjourned at 7:52 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULINEBROCK MAYOR CITY OFDENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 1, 2005 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Tuesday, March 1, 2005 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, and Thomson. ABSENT: Council Member Mulroy and Redmon 1. The Council received a report, held a discussion and gave staff direction concerning regulating extended stay hotel/motel facilities. Kelly Carpenter, Director of Planning and Development Services, stated that extended stay and hotel/motel facilities involved land use regulations and taxation issues. The Land Development Code had a definition for an extended stay facility but did not regulate it. If it were regulated from the standpoint of the Building Code, such a facility would be treated as an apartment with less stringent regulations. Council could amend the Development Code for a more specific definition of an extended stay facility. A formula with a ratio of extended stay rooms with non- extended stay rooms could also be considered or a special use permit for extended stay facilities could be required. A consideration of options would be the limited amount of personnel available to monitor such a facility. This was a basic taxation issue with state law indicating that if an individual stayed more than 30 consecutive days in a hotel/motel, he would no longer pay the occupancy tax. It was estimated that the city lost about $35,000 a year from lost revenue. Council discussion included: Future building of such a facility could regulate the number of extended stay rooms. Caution needed to be exercised on the type of facility that might be excluded if the number of extended stay rooms was regulated. If proper regulation could not be ensured, then consider not having developments of a specific type with all extended stay rooms. Regulations might include an on-site manager and a minimum number of extended stay rooms. The enforcement issue associated with instituting regulations would need to be addressed. Consider regulations for new construction only. Consensus of the Council-was to develop an outline of proposed regulations such as an appropriate ratio of room types, how to enforce those regulations, new development regulations, look further into communities that had such regulations and what their enforcement problems entailed. Further discussion would follow once staff had researched this information. 2. The Council received a report, held a discussion, and gave staff direction on: 1) the City's annexation policies, process and plan; 2) release of extra-territorial jurisdiction (ET J) and certificate of convenience and necessity (CCN) boundary; and 3) extension of utilities in the ETJ. City of DeNon City Council Minutes March 1, 2005 Page 2 Kelly Carpemer, Director of Planning and Developmem, and Jim Coulter, Director of Water/Wastewater, reviewed the currem regulations for annexation as found in the Demon Developmem Plan. Options for a cleaner annexation policy were to review and update the currem annexation policies and procedures found in Chapter 34 of the Code; develop an annexation policy with more specific and objective criteria decisions for annexation; develop an annexation program that clearly idemified annexations over a set period of time; or make no changes at this time. The City was curremly not pursuing the annexation of gas wells as staff felt from general Council discussion that they had received direction to not annex at this time. Discussion relative to gas wells included: One reason to annex gas wells would be for the revenue but not be become dependem on the gas revenue for budget purposes. Other reasons to annex gas wells would be for health and safety benefits due to the City's more strict regulations and environmental regulations required by the City. The downside to annexation was that it could not be done in a "donut" configuration. Property would have to be annexed up to the poim of the well and then services would have to be provided. Consensus of the Council was to place gas wells as a part of the consideration of the overall annexation strategy. Coulter reviewed the Krum CCN and ETJ issues. DeNon and Krum's City Council approved a boundary adjustmem agreemem in 2001 that established legal clearance for recem Krum annexations that had encroached into Denton's existing ETJ and also established the existing ETJ boundaries between the two cities as the future city limit line for Krum. It did not, however, deal with the issue of water and wastewater CCNs. Krum had asserted that it had legal authority to provide retail water and wastewater service within its city limits. However, the Texas law governing retail water and wastewater service allowed cities to provide service within their corporate city limits without a CCN provided they were not within the CCN of another retail utility. Krum has informally requested an ETJ boundary adjustmem to eliminate splitting large undeveloped tracts of land. This proposal would result in a net reduction to Denton's ETJ of 176 acres. A developer in the area had requested that DeNon release 8 acres of land located within Denton's ETJ in order to have the entire development in Krum's ETJ. That would allow Krum to annex the entire tract and execute a Transfer of Sale Merger for Denton's water and wastewater CCN. Staff was recommending to release Denton's water and wastewater CCN within the existing or modified ET J/city limit boundary agreemem and to modify the existing ETJ boundary agreement to avoid the splitting of large tracts of land between the two municipal jurisdictions. Council discussion included: What would be the financial implication of giving up the CCN? Did Denton really want to give up that area so close to the proposed extension of the Loop? What would be the gain if DeNon kept the property and did not change ET J? City of DeNon City Council Minutes March 1, 2005 Page 3 Consensus of the Council was to move the 8 acres as requested by the Aspen Park Subdivision for the CCN and ETJ and to take a further look at the rest of the acreage in terms of CCN and ETJ. Coulter preseNed information regarding the possible annexation of property on Corbin Road and why it was not annexed. Initially, the property owner was going to build a temporary batch plan on the site. Annexation was not pursued; as the use for the property would have already been established by the time any annexation would have been completed. After discussion, consensus of the Council was to look at annexation of the area. Coulter reviewed the Ponder ETJ release issue. Ponder had submitted two resolutions requesting the release of Denton's ETJ. The resolutions were submitted at the request of residents of Old Stoney Estates and Holiday Ranchettes located north of Ponder. Staff indicated that based on an assessment of all city departments that would be impacted by the release, the request would not have any great effect on Denton's long-range planning for growth. The Water/Wastewater Department indicated that Denton's ETJ extended further west of Old Stoney Road to George Owens road. If the ETJ in this area were annexed into Denton's corporate limits, the release of the proposed ETJ to Ponder would leave a gap within the future wastewater service area of Denton and result in inefficient use of resources to provide wastewater service because of geographic incoNinuity. Discussion by Council included: Problems would occur with wastewater service if the area were released due to a gap in the service. This area was curreNly a long distance from the city limits. The current homes had wells and septic tanks. Why would the City wan to do this? Consensus of the Council was to not to move forward with the release. 3. Staff responded to requests for clarification of consent agenda items listed on the Consent Agenda for the meeting of March 1, 2005. Following the completion of the Work Session, Council convened in a Closed Meeting and discussed the following: 1. The Council considered the following in Closed Meeting: Deliberations regarding economic development negotiations - Under TEXAS GOVERNMENT CODE Section 551.087 and Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberated and discussed commercial or financial information received from a business prospect and offers of financial or other incentives to the City of DeNon City Council Minutes March 1, 2005 Page 4 business prospect for the purposes of economic development negotiations with SFT Industrial, LTD ("Granite"), regarding the construction of a business park in the City of DeNon, generally located on the west side of 1-35W, south of Airport Road. Also, receipt of legal advice from the City's attorneys on matters in which their professional responsibility to the City Council requires private legal consultation. Deliberated and discussed commercial or financial information received from a business prospect and offers of financial or other incemives to a business prospect for the purposes of economic development negotiations, including without limitation a public improvement district, relating to the developmem of Robson Ranch being a residemial community located in the City of DeNon, Texas comaining approximately 2,375 acres of land located in the B.B.B & C.R.R. Survey, Abstract No. 197, F. Garcia Survey, Abstract No. 502, C. Manchaca Survey, Abstract No. 789, J. McGowan Survey, Abstract No. 798, F. Oliver Survey, Abstract No. 989, M. Spurlock Survey, Abstract No. 1141, T & P RR Co Survey, Abstract No. 1301, W. Dunning Survey, Abstract No. 1568, and the J. Paine Survey, Abstract No. 1617 and being located along and north of Robson Ranch Road, approximately 2.5 miles west of 1-35W. Also, receipt of legal advice from the City's attorneys on matters in which their professional responsibility to the City Council requires private legal consultation. Special Called Regular Meeting of the City Council on Tuesday, March 1, 2005 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Brock presemed a proclamation for Severe Weather Awareness Week in Demon. Chris Phelps, LINK, presented to the Council the 2004 Outstanding Metropolitan Transit System Aware by the Texas Transit Association. B. Recognition of staff accomplishmems City Manager Conduffpresemed staff accomplishmems to the Council. City of Demon City Council Minutes March 1, 2005 Page 5 3. CONSENT AGENDA Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Kamp "aye", McNeill "aye", Momgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. mo 2005-070 - An ordinance awarding a contract for the purchase of fleet vehicles to the second low bidder, Philpott Ford, due to the low bidder refusing to honor a bid for three vehicles awarded as Items 1 and 8 in Ordinance No. 2005-031, dated January 18, 2005; providing for the expenditure of funds therefor; and providing an effective date. (Bid 3251 - Fleet Vehicles for Items 1 and 8 to Philpott Ford- $48,724). Bo 2005-071 - An ordinance of the City of Demon authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governmems (H-GAC) for the acquisition of a HazMat Command System for the City of Denton Fire Department by way of an Interlocal Agreemem with the City of Demon; and providing an effective date (File 3308 - Interlocal Agreement for HazMat Command System with H-GAC awarded to Smiths Detection in the amoum of $63,589.75). Co 2005-072 - An ordinance accepting competitive bids and awarding a public works contract for the construction of a single family dwelling at 634 E. Prairie Street for the City of Demon Community Developmem Block Gram Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3286 - 634 E. Prairie Street Infill New Construction awarded to Delta One Construction in the amoum of $90,722). Do 2005-073 - An ordinance approving the expenditure of funds for the purchase of two LIFEPAK 12 defibrillators/monitoring units for the City of Denton Fire Department available from only one source in accordance with the provision for state law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3306 - Defibrillators for Fire Departmem awarded to Medtronic Emergency Response Systems in the amoum of $38,382). mo 2005-074 -- An ordinance awarding a comract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of an ANDROS F6A robot for the City of Denton Fire Department as awarded by the State of Texas Building and Procuremem Commission (Comract TXMAS-5-84030); providing for the expenditure of funds therefor; and providing an effective date (File 3307 - Robot for Fire Departmem awarded to Remotec, Inc. in the amoum of $163,026). Fo 2005- 075 - An ordinance accepting competitive bids and awarding a comract for the long-term rental of heavy equipment for the Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3296 - Long Term Remal of Heavy Equipmem awarded to the lowest responsible bidder for each item as listed in Exhibit A). The Public Utilities Board recommended approval (6-0). City of Denton City Council Minutes March 1, 2005 Page 6 2005-076 - An ordinance of the City of DeNon, Texas, graining the DeNon Festival Foundation, pursuam to Section 20-1(d)(3)b.6 of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker sy~stem; and setting an effective date. This request for noise exception is for the 25 Arts and Jazz Festival to be held April 29, 30 and May 1, 2005 in the Civic Cemer Park. 2005-077 - An ordinance of the City of DeNon abandoning and vacating a 1.21 acre Street Right of Way tract dedicated to the City of Denton by Charles D. Adams Recorded in Volume 666, Page 535 of the deed records of Demon County, Texas and a 0.506 acre Street Right of Way tract dedicated to the City of Denton, Texas by the Denton Bible Church Addition, Lot 2, Block B plat, recorded in Cabinet V, Pg. 880 of the Plat Records of Denton County, Texas; and providing an effective date. (Northcrest Street between Mingo and University) Approved tax refunds for the following property taxes: Tax Name Reason Amount Year I ~rb ~ ~d~ ~i~a~ P~nt $ 8 2. Cendejas, Hector F & Carina Duplicate Payment 2004 $881.99 C°°per, John H Duplicate Payment 2004 $7!6,70 6. Countrywide Home Loans/Thompson, Lisa Duplicate Payment 2004 $647.71 8: CYC 1 ecent e[of D enton Oyerpayme nt 2004 $2,626:91 10. Franklin Bank Duplicate Payment 2004 $955.35 12. Jackson, Harold L Duplicate Payment 2004 $589.35 14. Principal Residential Ove~ayment 2003 $715.11 Mtg[Ra~iehandran, Thim~adi 16. Rasch, Betty H Overpayment 2004 $1,445.99 18~ Rogers, DianaL Duplicate Payment 2004 $!,023,84 20. Tettleton, Stephanie Duplicate Payment 2004 $1745.10 22. Wells Fargo/Hill-Haley, Sheila Duplicate Payment 2004 $520.39 Approved an exaction variance of Section 35.19.6 (C)(1) of the Code of Ordinances Subchapter 19 Drainage Standards. The Planning and Zoning Commission recommended approval (5-0). (V04-0034, Newton Street Drainage Variance) City of Demon City Council Minutes March 1, 2005 Page 7 2005-078 - An ordinance accepting competitive bids by way of an imerlocal agreement with the Texas Cooperative Purchasing Network and awarding a comract for the purchase of an Air Cooled Helical Rotary Water Chiller for City Hall East; providing for the expenditure of funds therefor; and providing an effective date (File 3302-Imerlocal Agreemem for Chiller with the Texas Cooperative Purchasing Network, contract awarded to Trane in the amount of $68,615). 4. PUBLIC HEARINGS A. Demon Towne Crossing. The 43.77-acre property was generally located south of Loop 288 and east of Brinker Road. The property was in a Regional Cemer Commercial Neighborhood (RCC-N) zoning district and a Regional Cemer Commercial Dowmown (RCC-D) zoning district. A regional shopping cemer was proposed. (Demon Towne Crossing) Mayor Brock indicated that discussions and the public hearings for these items would be held at the same time but that individual votes would be taken on each proposal. Kelly Carpemer, Director of Planning and Developmem, reviewed the rezoning of the property. The proposal was for two big box retail sites and variety of pads for other uses. The Alternative Developmem Plan was for parking in from of the buildings with additional open space and landscaping and the preservation of an acre of oak trees on the site. The preservation of the oak tree site was not required by the tree preservation ordinance as it was filed before the ordinance were imo effect. The developer was volumarily doing this. The petitioner would discuss the request for the special sign district. The Mayor opened the public hearing. The following individuals spoke during the public hearing: John Weber, developer of the proposal, favor Council discussed the traffic impact on Loop 288 noting that the Brinker Road improvement was a plus for the proposal. The name of the developmem was also discussed. Gerald Ludke, Hodges and Associates Architects, presented the design standards of the proposed stores in the development. The Sign District would have two less signs than would be allowed by the ordinance with less square footage than would be in the ordinance. The Mayor closed the public hearing. 1. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 38.5 acres from Regional Center Commercial Neighborhood (RCC-N) zoning district to Regional Cemer Commercial Dowmown (RCC-D) zoning district. The Planning and Zoning Commission recommended approval (5-0). (Z04-0048, Denton Towne Crossing- Rezoning) The public hearing was held as noted above. The following ordinance was considered: City of Demon City Council Minutes March 1, 2005 Page 8 NO. 2005-079 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FOR APPROXIMATELY 38.5 ACRES FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT, SUCH PROPERTY BEING GENERALLY LOCATED SOUTH OF LOOP 288 AND EAST OF BRINKER ROAD, COMMONLY KNOWN AS DENTON TOWNE CROSSING; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ZO4-0048) McNeill motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Momgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2. The Council held a public hearing and considered adoption of an ordinance approving an Alternative Development Plan for an approximately 43.77 acre regional shopping cemer. The Planning and Zoning Commission recommended approval with conditions (5-0). (,4DP04-0008, Denton Towne Crossing - ADP) The public hearing was held as noted above. The following ordinance was considered: NO. 2005-080 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 43.77 ACRES OF LAND GENERALLY LOCATED SOUTH OF LOOP 288 AND EAST OF BRINKER ROAD, COMMONLY KNOWN AS DENTON TOWNE CROSSING, WITHIN A REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) AND A REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DiSTRiCT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF AMENDING SITE DESIGN REQUIREMENTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROViDiNG FOR AN EFFECTIVE DATE. (ADP04-0008) Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Momgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 3. The Council held a public hearing and considered adoption of an ordinance approving a Special Sign District for an approximately 43.77 acre regional shopping plaza. The Planning and Zoning Commission recommended approval (5-0). (SD04-0004, Denton Towne Crossing - Sign DistricO The following ordinance was considered: City of Demon City Council Minutes March 1, 2005 Page 9 NO. 2005-081 AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING AN OVERLAY DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON APPROXIMATELY 43.77 ACRES OF LAND GENERALLY LOCATED SOUTH OF LOOP 288 AND EAST OF BRINKER ROAD, COMMONLY KNOWN AS DENTON TOWNE CROSSING, WITHIN A REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) AND A REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SD04-0004) Kamp motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 2.63 acres from Neighborhood Residemial (NR-3) zoning district to Neighborhood Residemial Mixed Use (NRMU-12) zoning district with an overlay district. The property was located approximately 150 feet east of Carroll Blvd, to the northwest of Westway St. and Anna St. imersection. The Planning and Zoning Commission recommended approval (5- 0). (Z04-0049, Point Bank) Kelly Carpenter, Director of Planning and Development Services, stated that this proposal was a rezoning of the property with an overlay district to limit the uses to professional services and offices. The Mayor opened the public hearing. The following individual spoke during the public hearing: David Fuller, representing Point Bank, favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-082 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE-12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT RESTRICTING THE USES TO PROFESSIONAL SERVICES AND OFFICES, FOR PROPERTY DESCRIBED AS LOTS 4, 5, 6 AND 7 OF THE T.N. SKILES SUBDIVISION, AN ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET 613, PAGE 210 OF THE PLAT RECORDS OF City of DeNon City Council Minutes March 1, 2005 Page 10 DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0049) McNeill motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance graining approval of a license agreement for the subsurface use of an approximate 0.138 acre portion of the Cross Timbers Park for the purpose of a natural gas pipeline in accordance with chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of license, and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (4-0). Bob Tickner, Superintendent of Parks, presented the details of the proposal. The requested use was to cross the northern portion of the southern half of the park for a natural gas pipeline. Staff recommended approval, as did the Parks, Recreation and Beautification Board. The Mayor opened the public hearing. The following individual spoke during the public hearing: Bill Coleman, representing the petitioner, was available to answer questions. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-083 AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SUBSURFACE USE OF AN APPROXIMATE 0.138 ACRE PORTION OF THE CROSS TIMBERS PARK FOR THE PURPOSE OF A NATURAL GAS PIPELINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF LICENSE, AND PROVIDING AN EFFECTIVE DATE. Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Momgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic developmem and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with SFT Industrial, Ltd. ("Granite") regarding the developmem of an approximate 94 acre parcel of land located west of 1-35W and south of Airport Road in the O.S. Brewster Survey, Abstract No. 56 and the City of Demon City Council Minutes March 1, 2005 Page 11 Thomas W. Daugherty Survey, Abstract No. 357, in the City of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. Linda Ratliff, Director of Economic Development, stated that the proposal would provide a business park that would build spec buildings. It would be located south of Airport Road in an industrial area. The proposal provided a gram for the building value equal to 50% of property value and 50% of tenant's value for development costs and fees reimbursement. The following individuals spoke on the proposal: David Cummingham, Granite Properties, presemed the details of the project. Alex Payne, 3849 Paradise Lane, Demon, 76210 - favor Randy Robinson, Economic Developmem Partnership Board, support for the proposal. The following individuals submitted Commem Cards: Chuck Carpenter, Demon Chamber of Commerce - favor Melissa Glasgow, Demon Chamber of Commerce - favor The following ordinance was considered: NO. 2005-084 AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH SFT INDUSTRIAL, LTD. ("GRANITE") REGARDING THE DEVELOPMENT OF AN APPROXIMATE 94 ACRE PARCEL OF LAND LOCATED WEST OF 1-35W AND SOUTH OF AIRPORT ROAD IN THE O.S. BREWSTER SURVEY, ABSTRACT NO. 56 AND THE THOMAS W. DAUGHERTY SURVEY, ABSTRACT NO. 357, IN THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE McNeill motioned, Montgomery seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. Announcement of Councilmember Bob Montgomery's conflict of interest in the Emergency Shelter Gram Program ("ESGP") through his wife's employmem by a subrecipiem of ESGP funds in accordance with the requiremems of 24 CFR 576.57(d) and consider and take action to authorize the City staff to initiate the process for submitting an application to HUD for an exception to the conflict through the Texas Department of Housing and Community Affairs. Bob Montgomery read the following statement of conflict of interest: "The City of Demon is in the process of applying for Emergency Shelter Gram Program ("ESGP") funds from the Texas Departmem of Housing and Community Affairs, which administers HUD's state ESGP funds in Texas. I, Bob City of DeNon City Council Minutes March 1, 2005 Page 12 Montgomery, want to make it known that since becoming a City Councilmember, my wife has recently accepted a position as a Development Director for Denton County Friends of the Family, who is a comractor for ESGP funds administered by the City of Denton. HUD has made a preliminary determination that this creates a conflict of imerest under 24 CFR 576.57(d). Although I will abstain from any participation in any vote concerning the grant of ESGP funds, HUD has determined that I am still in a position to gain information with regard to ESGP activities and that the City should seek an exception from this conflict. One of the special requirements for an exception to this conflict is that the conflict be publicly disclosed in accordance with 24 CFR 570.61 l(d)(1). In order to meet this public disclosure requiremem, I, Bob Momgomery, am hereby making this public disclosure as part of the City's request for an exception from these conflict of interest provisions. I request that the City Secretary record this statement in the minutes of this meeting." B. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, on first reading, granting a cable franchise to the University of North Texas to construct, reconstruct, operate and maintain a cable television system in the City of Denton, Texas and setting forth conditions accompanying the graining of this cable franchise; providing for a penalty of Five Hundred Dollars ($500) for the violation of this ordinance; providing for a savings clause; providing for the effect of this ordinance upon other ordinances and resolutions; and providing an effective date. John Cabrales, Public Information Officer, stated that this was the first reading of the ordinance that would grant a cable franchise to the University of North Texas to construct, reconstruct, operate and maintain a cable television system. Joel Ballew, Charter Communications spoke in opposition to the proposal. The following ordinance was considered: FIRST READING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ON FIRST READING, GRANTING A CABLE FRANCHISE TO THE UNIVERSITY OF NORTH TEXAS TO CONSTRUCT, RECONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF DENTON, TEXAS AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THIS CABLE FRANCHISE; PROVIDING FOR A PENALTY OF FIVE HUNDRED DOLLARS ($500) FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Thomson seconded to approve the ordinance on first reading. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. City of Demon City Council Minutes March 1, 2005 Page 13 C. The Council considered approval of a resolution urging Congress to reject that portion of the Administration's proposed 2006 Federal Budget that calls for the elimination of the Community Developmem Block Gram (CDBG) program and request that CDBG remain fully funded. Barbara Ross, Community Developmem Block Gram Administrator, stated that the Administration's budget called for total elimination of the block gram program and all activities associated with this program. If approved, a copy of this resolution would be sero to all of Demon's represematives. The following resolution was considered: NO. R2005-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS URGING CONGRESS TO REJECT THAT PORTION OF THE ADMINISTRATION'S PROPOSED 2006 FEDERAL BUDGET THAT CALLS FOR THE ELIMINATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND REQUEST THAT CDBG REMAIN FULLY FUNDED. Thomson motioned, McNeill seconded to approve the resolution. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council considered nominations/appoimmems to the City's Boards and Commissions. Kamp motioned, McNeill seconded to approve the nomination of Emma Guzman-Ramon to the Planning and Zoning Commission. On roll vote, Kamp "aye", McNeill "aye", Momgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth was not present at the meeting. F. New Business No items of New Business were suggested by Council Members. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff memioned that the UNT Sunbelt Conference was being held in Demon this weekend. City of Demon City Council Minutes March 1, 2005 Page 14 H. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting Items. With no further business, the meeting was adjourned at 8:16 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULINEBROCK MAYOR CITY OFDENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 7, 2005 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Monday, March 7, 2005 at 11:30 a.m. in the Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Council Member Redmon 1. The Council received a report, held a discussion and gave staff direction on Street Construction Issues within the City of Denton. Jim Coulter, Director of Water/Wastewater Services, presented street construction issues that included the Denia area and Austin Street construction projects, the inspection process, street failures, Pavement Focus Group discussion and the Subgrade Focus Group discussion. · Denia area/Austin Street construction projects Coulter reviewed the time line for the project. He stated that the challenge of the project was fragmented, as there was no overview of the entire project area. A project checklist to be completed by all involved departments for projects was being developed which should solve this problem. Changes in the Engineering Department structure and CIP work would take care of the lack of the overview of the project. Contractor problems also affected some of the timing of the projects. Incentives might be considered for contractors to complete projects on time. · Inspection process Currently the City was using similar practices employed by other municipalities. Testing was funded through the project for CIP projects in terms of inspector schedules and monitor testing. For private developments, the developers provided their own scheduling and testing. In the past, the City performed testing for private developments but due to liability and budget reasons, the responsibility was transferred to the developer. It was felt that there was a need to establish and require a standard pattern or frequency for concrete sampling. · Street failures Coulter reviewed the procedure of mudjacking versus reconstructions; the conditions during 1999/2000 that helped contribute to street failures including the drought period and what occurred during those years; the lane miles added versus lane miles failed; and what could be done to lower the failure percentage. Council discussed the inspection/monitoring processes and what needed to be improved during periods of drought/wet weather; whether to hire staff for inspections or use an outside agency to do the inspections; and a charge should be returned to the developer for any city-initiated inspection. City of DeNon City Council Minutes March 7, 2005 Page 2 PavemeN Focus Group Coulter stated that the Pavement Focus Group had developed a Transportation Design Criteria Manual that included the revised street design standards adopted as a part of the new DevelopmeN Code. The Design Criteria Manual specified minimum thickness for both asphalt and concrete. Two areas of concern from the Group were that the asphalt pavement was not an option for high use roads such as primary or secondary arterials and the pavemeN design criteria was not documented with asphalt and concrete pavement thickness possibly not structurally equivalent. Subgrade Focus Group Coulter indicated that there was a need for improvemeNs associated with the specifications and standards dealing with subgrade and trenchlines. A focus group was recommended that would make recommendations on needed improvemeNs with testing, quality coNrol appropriate soil moisture coNeN. The group would define a mission statemeN, coordinate meetings and bring forward recommendations. Coulter stated that an action plan for improvemeNs would include the developmeN of public infrastructure procedures/processes that would be legally defensible during and after construction time, develop a sufficieN time for problem ideNification; and support timely remediation of failures. Council adjourned to Closed Session at 12:30 p.m. and resumed open session at 1:00 p.m. 2. The Council held a discussion regarding the newly approved CIP Program including timing of projects, issuance of debt, potential tax rate changes and associated operational and maintenance costs. Kathy DuBose, AssistaN City Manager, preseNed timing scenarios regarding the CIP project. Assumptions included an 8% annual growth in the ad valorem value with no appraisal/property tax caps. This could change if the ad valorem values were lower or higher than 8%, if projects were moved up or deferred and if the bond iNerest rates wen up or down. Council discussed a possible policy issue change, which would change to a level paymeN debt as opposed to level principle debt. The level payment debt would pay the same amount each month and would possibly mean the full 4-ceN tax increase would not be needed. A question was asked about the prospects of raising the bond rating and if this practice would help with that increase. DuBose responded that this was one area looked at by the rating agencies and should not adversely affect it. Another suggestion by Council was that it might be smarter to borrow more now, as the interest rates were lower. Council discussed the process involved with deferring projects or moving projects ahead on the proposed schedule. In the past, the Blue Ribbon Committee made recommendations to the Council on those issues. However, that was before the Council had established a Mobility Committee. The initial suggestion by Council was to have the Blue Ribbon Committee review City of Demon City Council Minutes March 7, 2005 Page 3 any proposed changes to the schedule and make recommendations to the Mobility Committee, which would report to Council. The Blue Ribbon Committee would understand that the Mobility Committee might make changes to their recommendation. Council further discussed that the process might not work the same as in prior bond issues as the Mobility Committee had been formed to help with some of these issues. Council refined the suggested process to have the Mobility Committee put together the details of projects, coordinating information from outside agencies, present a recommendation to the Blue Ribbon Committee and the Blue Ribbon Committee would present those recommendations to Council. Council discussed some of the projects and felt that Western Boulevard should not be delayed and staff should look ahead for parkland acquisition. DuBose stated that the runway extension and the multimodal station had been taken out of the bond projects and would be funded with certificates of obligation. Council asked about the associated operation and maintenance costs of the proposed five-year CIP. DuBose stated that those costs were included in the scenarios. She also detailed an explanation of the tax rate and how it was really two pieces - one for operation and maintenance and the other for debt service. With no further business, the meeting was adjourned at 1:45 p.m. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULINEBROCK MAYOR CITY OFDENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 8, 2005 After determining that a quorum was present, the City Council convened in a 2nd Tuesday Session on Tuesday, March 8, 2005 at 3:30 p.m. in the City Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, Redmon and Thomson. ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding retirement benefits for City of Denton employees through the Texas Municipal Retirement System (TMRS). Gary Anderson, Executive Director-Texas Municipal Retirement System, presented information regarding the system and the City's involvement in the System. He stated that there were no state funds and no state benefits associated with the System. The assets belonged to and came from the employed members who contributed money, the cities that contributed money to the employee accoums and the individuals who received benefits from the System. TMRS was established by legislative act in 1947. Prior to that time, cities could have a pension plan but only the larger ones did. Cities decided whether or not to belong to TMRS. A city did not have to belong to the System and there was no law requiring cities to provide a retirement plan for its employees. The system was created by legislation and was administered by a board appointed by the governor. The City of DeNon had been a member for many years joining in the 1950's. The System curremly had $12 billion in assets, approximately 130,000 active members, over 25,000 retirees from 800 cities. The Retirement system was not a one size fit all retirement system and was not a defined benefit plan. There were many differem options available to cities with many differem types of retiremem plans per city. Each city was a stand-alone emity under TMRS. Each individual city comrolled the parameters of the retiremem plan through the passage of ordinances approving each aspect of the plan including what percentage employees contributed and what the city matched. TMRS provided plan administration and invested the assets of the System as one fund. The earnings were then allocated back to the employees and to each city. It was a good stable retirement system gotten at a low cost. Investment earnings made the income and financed a significant amount of retirement benefit. New options could be added to the TMRS requirements but it had to be a local option. The State could not impose any costs to which the city did not consem. Mayor Pro Tem McNeill questioned the eligibility to retire and if the conditions were local options. Anderson replied that each individual city determined the local options such as the age of retirement, increments for retiree cost of living. Denton's TMRS plan of benefits was determined by the City of Denton. There were two categories of accounts. First the employee contributed 7% of his/her gross earnings to TMRS into an individual account that allocated interest at a rate determined by the TMRS Board on a yearly basis. That rate was also allocated to the city's comribution. Each city had an accoum plus individual accoums. The currem rate was 7%. The municipal current matching ratio meant that at the time the employee was eligible to retire the basic calculation was the employee's individual amount combined with the ratio City of DeNon City Council Minutes March 8, 2005 Page 2 from the city's fund. Each employee had seven options on how to take money out. The annuity was figured on the age of the person with the assumption that as money was being paid out there was a declining balance earning iNerest 5% each year. Council Member Mulroy stated that the employee's contribution was not blended with the City's until retirement. Anderson replied correct that it was held in the city's name until retiremeN. The city's money would be used only if the employee retired and took the lifetime retirement option. The employee could take his/her own match but not the city's if he/she took a lump sum. Service retirement was based on tenure of service. Council Member Mulroy asked about the disposition of the city's matching accouN if the right for the city's match were to be vacated by an employee. Anderson replied that that money was forfeited by the employee and would remain in the city's accouN and considered a gain. The city's money would only be speN if an employee retired and did not take a lump sum. If a lump sum was taken and the city's money not use, the city would then contribute less money the next year. Mayor Pro Tem McNeill asked for a comparison between Denton and other cities in the area in terms of automatic increases for retirees and the match for retirees. Anderson stated that Denton's plan was very comparable to other cities the size of Denton and could be considered the norm with other cities. The cost of living adjustmeN done for retirees was similar to other cities and was funded by the city. The annuity increase was capped at 70% of the consumer price index. Mayor Pro Tem McNeill asked if the percentage had to be at 70%. Anderson replied until the City enacted an ordinance to change the percentage. The amount was determined by the city. The TMRS actuaries did an evaluation of each city and sen out what the coNribution rate for next year would be based on the plan of benefits in effect. Mayor Pro Tem McNeill asked if most cities the size of Denton allowed for retirement at any age after 20 years of service. Anderson replied correct. The gross average age of retirement was 58 years with 27 years of service. Mayor Brock indicated that she would like a history of Denton's participation and the current plan compared to other cities of similar size. Following the completion of the 2nd Tuesday Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section. City of Demon City Council Minutes March 8, 2005 Page 3 1. Council considered the following in Closed Meeting A. Deliberations regarding personnel matters - Under TEXAS GOVERNMENT CODE section 551.074 Deliberated and discussed the evaluation of the City Attorney, the Municipal Court Judge, and the City Manager, including a discussion of performance measures for and the duties of these City Council appoimees. With no further business, the meeting was adjourned. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULINEBROCK MAYOR CITY OFDENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: April 5, 2005 Parks and Recreation Howard Martin, Utilities 349-8232 SUBJECT: Consider adoption of an ordinance of the City of DeNon, Texas, authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2005 Summer Food Service Program; if such funding is grained, the City Manager is authorized to execute the Summer Food Service Program agreement with the Texas Department of Human Services and execute a contract with the Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. BACKGROUND: This free lunch program is designed to serve children in areas of low-income populations during the summer months when traditional school lunch programs are not in effect. This program is sponsored and funded by the United States Department of Agriculture, Food and Nutrition Service. This Summer Food Service Program is a cominuation of the free lunch program that is offered during the school year. The Texas Department of Human Services has made an effort through outreach to increase the number of cities participating in the program. Cold sack lunches will be prepared by the Denton Independent School District and served at the following locations: 1) MLK Recreation Cemer, 2) Phoenix Park, 3) Denia Park, 4) Civic Cemer Park, 5) Owsley Neighborhood, 6) Fairway Villas, 7) Village East Apartmems, 8) Fred Moore Park, 9) Borman Elememary Summer School, 10) Lee Elememary Enrichmem Program, 11) Wilson Elememary Summer School, 12) Church of Christ, 13) Mack Park Apartmems, 14) Ryan High School, 15) American Legion Hall Center. The total estimated cost for this program is approximately $65,000, which is reimbursed by the Texas Departmem of Human Services. The Parks and Recreation Department first offered the Summer Food Service Program in 1992 at Denia Park, Phoenix Park, Fred Moore Park, Civic Cemer Park, and two summer school locations. At these six locations, a total of 14,776 lunches were served to children 1 through 18 years of age. The Summer Food Service Program has now expanded to 15 locations and in 2004, there were 30,101 lunches served at a cost of $59,548. OPTIONS: Council may approve the contracts with the United States Department of Agriculture, Food and Nutrition Service and Denton Independent School District in its entirety, deny the request or ask staff to make modifications. RECOMMENDATION: Staff recommends approval of the proposed ordinance. ESTIMATED SCHEDULE OF PROJECT: Summer lunches will be served from May 31, 2005, to August 5, 2005. No lunches will be served on Monday, July 4, 2005, in observance of the Independence Day Holiday. PRIOR ACTION/REVIEW: The Denton Independent School District recommended approval to contract the preparation of cold sack lunches for this program when the issue was presented to their board on February 22, 2005. The program is scheduled for implementation on May 31, 2005. FISCAL INFORMATION: The Texas Department of Human Services will reimburse all costs associated with the program, which administers this grant. BID INFORMATION: Not applicable. EXHIBITS: 1. Ordinance 2. DISD Agreement Texas Department of Human Services Agreement Certificate of Authority Respectfully submitted: Janet Simpson, Director Parks and Recreation Department Kathy Schaeffer, Youth/Teen Services Manager Parks and Recreation Department 2 S :\Our Documents\Ordinances\05\Summer Food Service 2005.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION UNDER THE NATIONAL SCHOOL LUNCH ACT TO OBTAIN FUNDING FOR THE 2005 SUMMER FOOD SERVICE PROGRAM; IF SUCH FUNDING IS GRANTED, THE CITY MANAGER IS AUTHORIZED TO EXECUTE THE SUMMER FOOD SERVICE PROGRAM AGREEMENT WITH THE TEXAS DEPARTMENT OF HUMAN SERVICES AND EXECUTE A CONTRACT WiTH THE DENTON INDEPENDENT SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS, AS REQUIRED; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas will submit an application for funding under the National School Lunch Act, to the Texas Department of Human Services for the purpose of making meals available to eligible children at the City's Summer Action Site programs; and WHEREAS, pursuant to the grant, if received, the City will contract with the Denton Independent School District to provide the meals at the various sites; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute, on behalf of the City, an apphcation for funding under the National School Lunch Act, and if funded, the Summer Food Service Program Agreement with the Texas Department of Human Services, a copy of which is attached hereto and incorporated by reference herein, along with any other documents and certificates necessary to obtain such funding. SECTION 2. The City Manager is hereby authorized to execute a contract with the Denton Independent School District, substantially in the form of the contract which is attached to and made a part of this ordinance for all purposes, to provide meals for eligible individuals at the various sites, and such other documents and certifications as are necessary to carry out the 2005 Summer Food Service Program, if such program is funded per the terms set forth in Section 1 above, and to handle all fiscal and administrative matters relating to the application and, the program. SECTION 3. The expenditure of funds necessary to administer the 2005 Summer Food Service Program is hereby authorized. SECTION 4. This ordinance shall become effective mediately upon its passage and approval. PASSED AND APPROVED this the __day of ,2005. EULINE BROCK, MAYOR EXHIBIT 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 State of Texas County of Denton AGREEMENT TO FURNISH FOOD SERVICE CiTY OF DENTON and DENTON INDEPENDENT SCHOOL DISTRICT FOOD SERVICES THIS AGREEMENT is made and entered into by and between the Denton Independent School District and the Ci_ty of Denton both of whom are local governmental entities authorized to enter into interlocal agreements under Chapter 791 of the Texas Govemment Code. (Vernon 1994) Whereas, the interlocal agreement contemplates the performance of function or services that each party to this contract is authorized to perform individually. Whereas, that the City of Denton is making payment under this agreement which it is funding from payments from current revenue; whereas, the payments provided by the City of Denton are in aa mount that fairly compensates the Denton Independent School District for the services that it is performing. Witnesseth: I. Provision of Meals Denton Independent School District agrees to supply unitized meals inclusive ofmitk and juice to the Ci_ty of Denton Parks and Recreation Department. The City of Denton Parks and Recreation Department will pick up meals at designated food preparation site and package coolers with meals and deliver to approved SFSP sites. Breakfast ...... $ 0.00 each Snacks ......... $ 0.00 each Lunches ....... $ 1.90 each Supper ......... $ 0.00 each EXHIBIT 2 II. Menu Records It is further agreed that the Denton Indet)endent School District pursuant to the provisions of the Summer Food Service Program Regulations, a copy of which is attached as Exhibit "A" and is part of this agreement, will assume that said meals meet the minimum requirements as to nutritive value and content as outlined in the U.S.D.A.'s sponsor Meal Preparation Handbook, and will maintain full and accurate recordings of such, including the following: 1. Menu Records, including amount of food prepared. 2. Meals, including daily number of meals delivered by type. III. Retention of Records These records must be reported to the institution promptly at the end of each week. Denton Independent School District agrees also to retain records required under the preceding clause for a period of three years and 90 days after the end of the contract period. If audits, claims or litigation have not been resolved, all records must retain beyond the required time period until all issues are resolved in accordance with the Summer Food Service Program Agreement between The City of Denton and The Texas Department of Human Services. IV. Compliance With Immigration Laws The Denton Independent School District agrees to comply with the requirements of the. Immigration Reform Control Act of 1986 regarding employment verification and retention of verification forms for any individuals hired after November 6, 1986 who will perform labor or services under this contract. V. Audit The Denton Independent schOol District agrees to allow for purposes of audit, examination, excerpt, and transcription: the USDA, the Comptroller of the United States, D.S. and any of their authorized representatives to have access to any of the contractor's books, documents, papers, and records that are pertinent to the contract. VI. Energy Efficiency The Denton Independent School District agrees to comply with the required mandatory standards and policies concerning energy efficiency contained in the Texas Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). VII. Remedies For Breach of Contract The Denton Independent School District agrees that except for small purchase contracts, it will comply with and enforce provisions that allow for administrative, contractual, or legal remedies if contractors violate or breach contract terms, and any appropriate sanctions and penalties. VIII. Compliance With Labor Regulations The Denton Independent School District agrees to be in compliance with Section 103 of the contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by the Department of Labor regulations (29 CFR, Part 5). Under this Act, contractors must compute the wages of mechanics and laborers on the basis of standard workday of eight hours and a standard workweek of 40 hours. Work that exceeds the standards must be compensated at least 1 aA times the basic pay rate for overtime hours worked. These requirements do not apply to the purchase of supplies or materials ordinarily available on the open market or contracts for transportation. IX. Equal Employment Opporturtity The Denton Independent School District agrees to comply with Executive Order 11246 entitled "Equal Employment Opporttmity" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60). X. Compliance With Laws The Denton Independent School District agrees to comply with all other applicable laws, including without limitation, any additional applicable Federal Laws or regulations contained in the Summer Food Program Agreement between the City of Denton and the Texas Department of Human Services. Xi. Remedy For Breach If the Denton Independent School District fails to provide services in accordance with the provisions of this contract, the City of Denton may, upon written notice of default to the contractor, immediately terminate the whole or part of this contract. XII. Consideration The City of Denton agrees to pay Denton Independent School District for all meals ordered on daily basis at the rate agreed upon in this contract. XIII. Term. The agreement shall be effective as of May 31, 2005 and shall have the same term as the Summer FOod Program Agreement between the City of Denton and the Texas Department of Human Services. It may be terminated by nOtice in writing given by any party hereto to the other parties at least 30 days prior to the date of termination. XIV. Venue This agreement shall be interpreted in accordance with the laws of the State of Texas. Any litigation filed with regard to this contract shall be tried in a court of competent jurisdiction setting in Denton County, Texas. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the dates indicted below: Agreed to this date Sponsor Official Title: ATTEST: JENNIFER CityManager WALTERS, CITY SECRETARY Agreed to this date DISD Sponsor Title School BoardPresident BY: The location of the food preparation site will be: Rayzor Elementary School 1400 Malone Denton, Texas 76207 APPROVED AS TO LEGAL FOR_M: BY: ~ ,, Texas Department of Human Services Form 4508 May 2000 SPECIAL NUTRITION PROGRAM' CERTIFICATION OF AUTHORITY This is to certff7 that the followin~l person.(.?.).: Name of Authorized Representative (p/ease type orprint) II Title ' Kathy Schaeffer / ] I Program Area Manager / ' / Signature- Au~.orj~erRepr~entative Name of Aut,o.ze, .ep senta,v. /" Michael Conduff J I City Manager X Signature - Authorized Representative is (are) desii~nated as an Authorized Representative of IName of Contracting Organization I City of Denton IAddreSs (Street, City, State, ZIP) 1321 E. McKinne¥ St., Denton, TX 76201 The representative(s) designated above, and myself, acknowledge that each is individually authorized on behalf of the contracting organization to make written agreements with the Texas Department of Human Services to operate a food program, to sign documents or reports about the agreement, and to present claims for reimbursement, when appropriate, to the department. By signing this document, we certify individually and collectivelY that to the best or our knowledge and belief, all documents submitted physically or electronically on behalf of the above named Contracting Organization pursuant to our participation in any and al~ programs administered by Special Nutrition Programs, TDHS, arelwill be true and correct in all respects, that they are/will be completed according to the terms and conditions of existing agreements incruding amendments, that records are/will be available to support any and all claims, and that we will not submit claims {excluding amended/adjusted claims) for goods or services for which we have already received payment. We recognize that we are fully responsible for any excess amounts which may result from errors made in relation to the completion and submission of claims. We are also aware that deliberate misrepresentation or withholding of information may result in prosecution under applicable state and federal statutes. Name of Official of Contracting Agency (please type orpdnt) City of Denton Title ICity Manager X Signature - Official of Contracting Agency DELETED AUTHORIZED REPRESENTATIVES: A contracting organization may not have more than three (3) Authorized Representatives, including the Official of the Contracting Agency. If you are replacing or deleting an Authorized Representative, list the name(s) of the individual(.s) to be removed as Authorized Representafive..(,s) below: l~a~e of Deleted RepreSentativ- J l Name of Deleted Representative I I Name of Deleted Representative FOR DHS USE ONLY STATE OF TEXAS § COUNTY OF TRAVIS § Exhibit A TEXAS DEPARTMENT OF HUMAN SERVICES SPECIAL NUTRITION PROGRAMS AGREEMENT The Texas Department of Human Services, hereinafter referred to as TDHS, City of Denton, Texas, A Texas Municipal Corporation at 321 E. McKinney St, Denton, Texas 76201 hereinafter referred to as the contractor; do hereby:makb and enter into this contract, as required by the National School Lunch Act and the Child Nutrition Act, as amended, and thefollowing program regulations: the National School Lunch Program (NSLP), 7 Code of Federal Regulations (CFR) Part 210; the 'Special Milk Program (SMP), 7 CFR Part 215; the School Breakfast Program (SBP), 7 CFR Part 220; the Summer Food Service Program (SFSP), 7 CFR Part 225; and the Child and Adult Care Food Program (CACFP) 7 CFR Part 226. This agreement establishes or continues the fights and respon,q{bilities of TDHS and the Contractor pUrSuant to the Contractor's participation in one or more of the above named programs as stipulated herein. If this. agreement continues an existing agreement, all existing terms, conditions, liabilities and obligations or'he parties under the prior agreement remain in full force and effect, except to the extent that those terms, conditions, liabilities and obligations cOnflict with this agreement, in which case 'this agreement takes precedence. By signing this agre~'meni, both ~arties are bound by its terms and conditions from its beginning effective date, orth6 bet~ning effective date of any prior agreement/s continued by this agreement, until terminated in accordance with-this agreement. MUTUAL AGREEMENTS The Parties mutually agree: A. Ifthe Contractor fails to pr°vide services in acc°rdance with thepr°visi°ns °f this c°ntract' TDHS may' up°n wr-itten n°tice of default to the Contractor, mediately terminate the whole or any part of this contract, including refusal to pay claims for, reimbursement, and such termination shall not be an exclusive remedy but shall be in addition to any other rights and remedies providcd by law or under this contract. B. If federal or state laws or other requirements are amended or jddicially interpreted so that the continued' fulfillment of this contract, on the part of either party, is substantially unreasonable or impossible; or if the parties are unable to agree upon any amendment which would therefore be needed to enable, the substantial .continuation of the services contemplated by this contract then, the Parties shall be discharged from any further obligations created.under the terms of this contract, except for the equitable settlement of the respective accrued interest or obligations, including audit findings, incurred up to the date of termination. C. This contract may be canceled by mutual consent. However, if such mutual consent cannot be attained, then and in that event, either party to this contract my consider it to be canceled without cause by giving thirty 00) days notice in writing to the other party'and this contract shall thereupon be canceled upon the expiration of such thirty 00) day period. Nothing in this paragraph shall be construed to prohibit immediate cancellation pmsuant to above paragraphs A and/or B. Ii. CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT The Contractor will Comply with the applicable regulations for its designated prograra, as well as 7 CFR Parts 245 and 250, as amended, the Uniform Federal Assistance Regulation (7 CFR, Part 3015, as amended), Audits of State, Local Governments, and Non-Profit Organizations (7 CFR, 3052, as amended)and state policies and procedures as issued and amended by TDHS. The Contractor further agrees to perform as described in its application (including its Policy statement and supporting documents, and approved amendments, to the application) for participation in the designated program. The Contractor accepts final administrative and financial responsibility for food service operations in each school, summer feeding site, and child and/or adult care facility, hereinafter referred to as a site, operated or sponsored by the Contractor. The responsibility includes any audit exceptions or payment deficiency in the program covered by this contract, and all subcontracts hereunder, which are found after monitoring or auditing by TDFIS or USDA and Will be responsible for the collections and payback of any amount paid in excess of the proper claim amount. The Contractor submits for TDHS.approval only those applications for sites which have delegated the authority for the administration of food service operations to the Contractor or which have executed subagreements with the Contractor for the administration of food services operations. D. Contractors participating in the NSLP agree - -- · 1.. ,that the official signing the Claim for Reimbursement will be responsible for reviewing and analyzing meal coUnts to ensure accuracy mad compliance with federal regulations 2. to enter into an agreement, to receive donated foods as required by federal regulations, and · 3. to price lunch as a unit E. Contractors participating inthe CACFP provide or accept responsibility for the provision oforganized, non-residential child · ' day care and will immediately report to Thc Texas Department of Protective and Regulatory Services (TDPRS) Licensing or Child Protective Services staff, may suspected violations'ofTDPRS Licensing standards or suspected abuse of children in sponsored centers or day homes. D III. RECORD KEEPING Thc Contractor will keep financial and supporting documents, statistical records, and any other records pertinent to the services for which a claim was submitted in thc manner and detail prescribed by TDHS. Thc records and documents will be kept for a mini.mm-n of 3 years and 90 days after the termination of thc federal fiscal year for the relevant program. If any litigation, claim, or audit involving these records begins before, such period expires, the Contractor will keep the records and documents for not less than 3 years and 90 days and until all litigation, claims or audit findings are resolved. The case is considered resolved when there is a final order issued in litigation, or a written agreement is entered into between TDHS and the Contractor. The Contractor will keep records of non-expendable property acquired under the contract for 3 years and 90 days after final disposition of the property. · The COntractor and its subeontraciors will allow TDHS mad USDA officials mad other appropriate officials determined by TDHS to iiaspect facilities and records and to audit, examine, and copy records at may reasonable.time. This includes access to all records of costs paid, even in part, by TDHS. .. The Contractor and its subcontractors will establish a method to secure the confidentiality of records and other information relating to clients in accordance with the applicable federal law, roles, and regulations, as well as the applicable state law and regulations. The provision shall not be construed as limiting the Department's right of access to recipient case records or other information relating to clients served under this contract. The Contractor certifies that the goods mad/or service(s) covered by this contract are designated to be used prior to, during, mad after calendar year 2000 AD. 'The goods and/or service(s) will be operated during such time periods without error relating to date which represents different centuries or more than one century.. IV. CIVIL RIGHTS POLICY COMPLIANCE The Contractor agrees to comply with Title VI of the Civil Rights Act of ! 964 (Public Law 88-352).and all requirements imposed by the regulations of the Department of Agriculture (7 CFR Part 15), Department of Justice (28 CFR Parts 42 and 50) and FNS directives or regulations issued pursuant to that act and the regulations. Section 504 of the Rehabilitation Act of 1973. (Public Law 93,112), the Americans with Disabilities Act of 1990 (Public Law 101-336), Title IX of the Education Amendments of 1972 (7 CFR Part 1Sa), the Age Discrimination Act of 1975 (Public Law 94435), and all amendments to each, .and all requirements imposed by the regulations issued pursuant to these acts. In' addition the contractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code. These provide in part that no person in the United States shall, on the ground of race, color, national origin, sex, age, diSability, political beliefs, or religion be excluded 'from participation in, or denied any aid, care, service or other benefits provided by federal and/or state funding, or otherwise be subj coted to discrimination. The contractor also agrees to comply with Health and Safety Code Section 85. I 13 (relating to workplace and confidentiality guidelines regarding AIDS and HI-V). The contractor hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement. B. This assurance is given in consideratiOn 0fand for the purpose of obtaining..any find all federal financial assistance, grants and loans of federal funds, reimbursable expenditures, grant or donation of federal property and interest in property, the detail of federal personnel, the sale and lease of, and the permission to use, federal property or interest in sUch property or the furnishing of services without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease or furnishing of services to the recipient, or any improvements made with federal financial assistance extended to the program applicant by the' TDHS. This includes any federal agreement, arrangement, or other contract which has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representation and agreements made in this assurance. C. The Contractor agrees to compile data, maintain records, and submit reports as required, to permit effective enforcement of the above Acts and permit authorized TDHS, rdSDA and FNS personnel during normal working hours to review such records, books, and accounts as needed to ascertain compliance with the above Acts. if there are any violations of this assurance, TDHS, USDA and FNS have the right to seekjudicial enforcement of this assurance. This assurance is b/iading on the Contractor, its successors, transferees, and assignees, as long as it receives assistance or retains possession of any assistance from the. department. The person whose signature aPpears on this contract is authorized to sign this assurance on the behalf of the Contractor. A religious or charitable organization is eligible to be a contractor on the same basis as any other private organization. The contractor retains its independence from State and local governments, including the contractor's control over the definition, development, practice, and expression of its charitable or religious beliefs. Except as provided by federal law, TDHS shall not interpret this contract to require a charitable or religious organization to alter its form of internal governance or remove religious art, icons, scripture, or other symbols. Furthermore, if a religious or charitable organization segregates the government funds provided under the contract, then only the financial assistance provided by these funds will be subject to audit. However, neither TDHS'.s selection ora charitable or faith-based contractor of services nor the expenditure of funds under this contract is an endorsement of the contractor's charitable or religious character, practices, or expression. The purpose of this contract is the provision of services; no State expenditures have as their objective the' funding of sectarian worship, instructions, or proselytization. A charitable or faith-based provider of services under this contract shall reasonably apprise all assist~:l individuals of the following: "Neither TDHS's selection ora charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider~s charitable or religious character, practices, or expression. No provider of services may discriminate agaiast you on the basis of religion, a religious belief, or your refusal to participate in a religious practice. If you object to a particular provider because of it~ religiOus character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify your local TDHS Special Nutrition Programs office.' - Section 104 of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996.42 U.S.C. § 604a, sets forth certain additional rights and responsibilities for charitable and faith-based providers of services, certain additional rights of assisted individuals, and certain additional responsibilities of TDHS to these providers and assisted individuals. This contract is subject to those additional rights and responsibilities. TDItS CLAIMS. PAYMENT TDHS will, subject to the federal appropriation and availability to TDHS of sufficient funds lbr the applicable program, make program payment to the Contractor in accordance with the terms of this agreement. No reimbursement shall be made for performance under this agreement occurring prior to (a) the beginning effective date of this agreement or Co) a later date established by TDHS based on the date of receipt of a fully executed copy of this agreement. In accordance with Section 403.055(h) of the Government Code, as'added by Act 0fMay 19, 1999, 76th Leg. R.S., ch. 583, Sec. I, 1999 Tex. Sess. Law Ser. 3125 (Vernon), any payments owing to the contractor under this contract will be applied tow.ard elimination of the contractor's indebtedness to the state, delinquency in payment of taxes tothe state, or delinquency in payment of taxes that the comptroller administers or collects until the indebtedness or delinquency is paid in full. This clause does not apply if federal law requires payment to be made to the contractor for goods and services provided in support of any of the USDA child and adult nutrition programs, and may not apply if federal law conditions the receipt of the money for these goods or services to the state on the basis of payment being made to the cOntractor. IMMIGRATION The Contractor agrees to comply with the requirements ofthe Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals hired after November 6, 1986, who will perform any labor or services under this contract.' ' CERTIFICATION Regarding Debarment, Suspension, Ineligibility, or Voluntary Exclusion For Covered Contracts - The contractor .certifies, by execution of this agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency or by the State of Texas. By making this certification the contractor agrees to the following terms: '1. The above certification is a material representation of fact Upon which reliance was based when this contract was' entered into. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department of Health and Human Services, United State · Department of Agriculture or Other federal department of agency, or the Texas Department'of Human Services may pursue available remedies, including suspension and/or debarment. 2. The contractor shall provide immediate written notice'to the person to which this certification is submitted if at any time the contractor Icarus that the certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 3. The words "covered contract, .... debarred," suspended," "ineligible," "participant," "Person," "principal,'; "proposal," and voluntarily excluded," as used in this certification have meanings .based upon'materials in the Definitions and Coverage sections of federal rules implementing Executive Order 12549. Usage is defined in the attachment. .4. The contractor agrees by submitting this certification that, should the proposed covered contract be entered into, it shall not knowingly enter in. to any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in' this covered transaction, unless authorized by the Department of Health and Human Services, United States Department of Agriculture or other federal department or agency, and/or the Texas Department of Human Services, as applicable. VII. CERTIFICATION (Continued) 'B. C4 The contractor further agrees by submitting this certification that it will include TDHS Form 2046 titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts" without modification, in all covered subcontracts and in all solicitation for all covered' subcontracts. 6. A contractor may rely upon'a certification of a subcontractor that it is not debarred, suspended, ineligible, or voluntarilY excluded from the covered contract, unless it knows that the certification is erroneous. A contractor must, at a minimum, obtain certificates from its covered subcontractor UPon each subcontractor's initiation and upon each renewal. 7. Nothing contained in all the foregoing shall be' construed to require establishment of a system of records in order to render in good faith the .certification required by this certification document. The knowledge and information of a · contractor is not r&luired to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. ~ 8. Except for contracts authorized under paragraph 4 of these terms, if a contractor in a covered contract knowingly enters into a covered subcontract with a per, on who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, Department of Health and Human Services, United States Department of Agriculture, or other federal department or agency, as applicable, and/or the Texas Department of Human Services may pursue available remedies, including suspension and/or debarment. Regarding Federal Lobbying - This certification applies only to this contract and is a material representation of fact upon which reliancewas.placed when this transaction was made or entered into. Submission of this certification is 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 required certification shall be subject to a civil penalty of not less than $10,000 and not more than $109,000 for each such failure;. The contractor certifies, to the best of his or her knowledge and belief, that: No federally appropriated funds have been paid or will be paid, by or on behalf of the'undersigned, 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 in connection with the awarding of any federal contract; the making of any federal ·grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or' modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federally appropriated funds have been paid or will 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 cfa member of Congress in connection with this federally funded contract, subcontract, subgrant, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with. its instructions. The contractor shall'require that the language of this certification be included in the award documents for all covered subawards at all tiers (including subcontracts, subgrants, and. contracts under grants, loam, and cooperative agreements) and that all covered subrecipients shall certify and disclose accordingly. Thc'contractor certifies that. if it is a corporation, it is either a for-profit corporation that is not delinquent in its franchise tax payments to the State of Texas, or is a non-profit corporation or is otherwise not subject to payment of franchise taxes to thc State of Texas. The contractor certifies that all information submitted pursuant to this agreement is true and correct. The contractor understands that the deliberate misrepresentation or withholding of information is a violation of this contract and may result in prosecution under applicable state and federal statutes. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. VIII. EFFECTIVE DATE AND SIGNATURES The parties hereto in thei~ capacities stated, affix their Signati}res and bind themselves for the .faithful performance of the terms of this contract pursuant to' participation in the following program or programs: · Natiolml School Lunch Program School:Breakfast Program Special Milk Program · C. itv of` Name of C0ntr~cting Organization (Please print-or. type) ·, .... ~ ..... .. ~ ChiId'and Adult Care Food Program· Summer. Food Service Program contracts on behalf of the contracting organization. Mike Conduff Name of Official Signing (Please print or type) Cit.'/ Manaqer. · Title of Official (Please print or tYPe) · 'T~HS Representative TEXAS DEPARTMENT OF HUMAN SERVICES until terminated. Approved for Form bY OGC: S'_~gnature on file ' Revised May 2001 APPROVED AS TO FORM: CiTY ATTORN E.Y~ AGENDA DATE: DEPARTMENT: CM: AGENDA INFORMATION SHEET April 5, 2005 Economic Development Mike Conduff ~ SUBJECT Hold a public hearing inviting citizens to commem on the City of Demon's 2005-2009 Consolidated Plan for Housing and Community Development and the 2005 Action Plan. BACKGROUND Every five years, the City is required to complete a Consolidated Plan for Housing and Community Development. The plan includes information on population, housing and employmem characteristics. Strategies are developed based on the demographic information, needs surveys and public input. Major strategies outlined in the plan include housing, human services, public infrastructure and facilities and homelessness/cominuum of care. Specific activities to be carried out and target service numbers are also included as part of the strategies. On an annual basis, the City of Demon prepares an Action Plan for submission to the US Departmem of Housing and Urban Developmem (HUD). The Action Plan serves as the City's application for Community Developmem Block Gram (CDBG) and Home Investmem Partnerships (HOME) programs. The 2005 Action Plan includes recommendations from the Community Developmem Advisory Committee and the Human Services Advisory Committee. CDBG and HOME administration funds are also included. HUD requires a 30-day commem period on both documems. The commem period is April 3 through May 3. Copies of both plans are available for citizen review at the Community Development Division, MLK Jr. Recreation Center, Denia Recreation Center and on the City's website. ESTIMATED PROJECT SCHEDULE Public commem period CDAC & HSAC presemation to City Council Public Hearing Action Plan approval Submission of Action Plan to HUD HUD release of funds & program initiation April 3 - May 3, 2005 April 5, 2005 April 5, 2005 May 24, 2005 June 15, 2005 August 1, 2005 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee (CDAC) reviewed requests for housing, infrastructure and economic development funding. CDAC recommended $777,916 in funding for various projects. The Human Services Advisory Committee (HSAC) reviewed requests for social services program funding. HSAC developed recommendations for use of both CDBG funds and City general fund dollars. Though the list of general fund recommendations is included in the 2005 Action Plan, the approval of the Plan does not include approval of those recommendations. General fund recommendations will be considered during the normal budgeting cycle. HSAC allocated $146,842 in CDBG funding to various programs. Both committees presented their recommendations to City Council at the work session earlier this evening. FISCAL INFORMATION All projects and programs approved under the 2005 Action Plan are funded with CDBG and HOME funds. No general fund dollars are included in the proposed Action Plan activities. Some general funds may be used for program administration. EXHIBITS 1. CDAC Funding Recommendations Chart 2. HSAC Funding Recommendation Chart 3. 2005 Action Plan for Housing and Community Development 4. 2005-2009 Consolidated Plan for Housing & Community Development Respectfully submitted: Linda Ratliff Director of Economic Development Prepared by: Barbara Ross Community Development Administrator COMMUNITY DEVELOPMENT ADVISORY COMMITTEE 2005 FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS Applications 2005 CDBG HOME Funding Funds Funds Request $777,916 $553,015 Bldg Insp Demolition Of Substandard Buildings $30,000.00 $30,000.00 ComDev Home Improvement Program $573,940.00 $173,940.00 $400,000.00 Com Dev Homebuyer Assistance Program $165,915.00 $165,915.00 Com Dev Minor Repair Program $88,000.00 $88,000.00 Engineering Mulberry Ave Repave $54,403.00 Engineering Anderson StreetRepave $90,415.00 $51,388.00 Engineering Wood Street Repave $137,314.00 Engineering Cook St Waterline Replacement $79,208.00 $79,208.00 Engineering Cook Street Repave $71,515.00 $71,515.00 Engineering Smith Street Repave $140,599.00 Engineering Schmitz Avenue Repave $146,376.00 Engineering Eagle Drive Sidewalks $117,950.00 $117,950.00 Non-Profit Affordable Housing Opportunity Pr $165,000.00 $105,015.00 Non-Profit Single Family Housing Land Acquisition $75,000.00 $48,000.00 Non-Profit Outreach Center Facility Construction $50,000.00 Non-Profit Community Bldg Sidewalks & Parking $15,000.00 Total $2,000,635.00 $777,916.00 $553,015.00 2005-2006 Human Services Advisory Committee Funding Recommendations 2005-2006 2005 - 2006 2005-2006 2005-2006 Agency Request Recommendation General Fund CDBG 1 AIDS Services of North Texas $20,000 $6,500 $6,500 2 Campfire $4,825 $0 3 CASA $10,000 $8,000 $8,000 4 Children's Advocacy Center $12,000 $12,000 $12,000 City of Denton - Owsley Summer 5 Playground $23,187 $10,500 $10,500 City of Denton- After School Action 6 Site/TEAC $17,000 $8,000 $8,000 7 City of Denton-King's Kids Day Kamp $28,366 $10,500 $10,500 8 Communities in Schools $8,000 $5,000 $5,000 9 Community Food Center $3,000 $2,000 $2,000 10 Cumberland Children's Home $10,000 $0 11 Day Stay For Adults $12,000 $12,000 $12,000 12 Denton Christian Preschool $30,000 $30,000 $30,000 13 Denton City-Co. Day School $40,000 $30,000 $30,000 14 Denton Co. Federation of Families $30,000 $10,000 $10,000 15 Denton Co. Friends of the Family $35,000 $28,000 $28,000 16 Denton County MHME (SIERRA) $9,000 $7,000 $1,658 $5,342 17 Denton Family Resource Center $10,000 $7,800 $7,800 18 Fairhaven Retirement Home $8,880 $0 19 Fairoaks Retirement Home $14,300 $0 20 Family Health Care, Inc. $30,000 $25,000 $25,000 21 Fred Moore Day Nursery $40,000 $25,000 $25,000 22 Girl Scouts Cross Timbers Council $10,000 $0 23 HelpNET $0 $0 24 Hope, Inc - HMIS $18,000 $18,000 $18,000 25 HOPE, Inc. $30,000 $25,000 $25,000 26 Interfaith Ministries $18,250 $14,000 $14,000 27 Our Daily Bread $18,000 $0 28 Owsley Comm. School - Adult Educ. $12,476 $0 29 Owsley Comm. School - After School $24,394 $13,000 $13,000 30 People's Clinic $30,000 $25,000 $25,000 31 Riding Unlimited $3,000 $0 32 RSVP $10,000 $10,000 $10,000 33 Salvation Army $25,000 $20,000 $20,000 34 Sickle Cell Disease Association $7,740 $6,500 $6,500 35 SPAN $30,000 $25,000 $25,000 Annual Totals without Discretionary $632,418 $ 393,800 $246,958 $146,842 Funding City of Denton DRAFT Action Plan for Housing and Community Development 2005 Program Year Housing Park Facilities Public Improvements Human Services Prepared for the U.S. Dept. of Housing and Urban Development Approved by Denton City Council on {DATE} www.cityofdenton.com ADA/E OE/ADEA mo Bo TABLE OF CONTENTS Summary of Action Plan 1. Introduction .................................................................................................................. 1 2. Funding Summary ........................................................................................................ 1 3. Local Match .................................................................................................................. 1 4. Citizen Participation ..................................................................................................... 2 5. Amendment .................................................................................................................. 2 Funding Sources 1. Summary ....................................................................................................................... 3 2. SF-424 Application - CDBG Funds ............................................................................. 4 3. SF-424 Application - HOME Funds ............................................................................ 5 C. Projects/Activities Do 1. Summary ....................................................................................................................... 6 2. CPD Listing of CDBG and HOME Proposed Projects ................................................ 7 3. Other Resources Available ......................................................................................... 15 CP Strategies and Proposed Projects 1. Housing Strategies ...................................................................................................... 16 2. Continuum of Care Strategies .................................................................................... 17 3. Lead-Based Paint Strategies ....................................................................................... 20 4. Human Services Strategies ......................................................................................... 20 5. Infrastructure & Public Facilities Strategies .............................................................. 22 6. Demolition Strategies ................................................................................................. 23 7. Anti-Poverty & Economic Development Strategies .................................................. 23 E. Proposed Project Map ...................................................................................................... 24 F. Other Program Requirements Go 1. HOME - Forms of Investment ................................................................................... 25 2. HOME - Tenant-Based Rental Assistance ................................................................ 25 3. Monitoring Standards and Procedures ...................................................................... 26 4. Public Housing Improvements ................................................................................... 27 5. Public Housing Resident Initiatives ........................................................................... 27 6. Institutional Structure ................................................................................................. 27 Certifications .................................................................................................................... 29 Minutes 1. Public Hearings on December 6, 2004 ....................................................................... 36 2. Public Hearing on December 13, 2004 ...................................................................... 38 3. Public Hearing on April 5, 2005 ................................................................................ 39 4. 30-day Comment Period ............................................................................................. 40 5. Community Development Advisory Committee Minutes .......................................... 41 6. Human Services Advisory Committee Minutes ......................................................... 53 SUMMARY INTRODUCTION This documem serves as the City of Demon's 2005 Action Plan for the Community Developmem Block Gram (CDBG) and HOME Investmem Partnership (HOME) Programs. In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as amended, the City of Denton is required to submit a One-Year Action Plan to the U.S. Departmem of Housing and Urban Developmem. The plan outlines the specific projects and services that will be funded during the 2005 Program year to address Denton's strategies stated in the 2005-2009 Consolidated Plan for Housing and Community Development. The following five-year strategies were idemified in 2005 year and are reaffirmed this year: Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment, Emergency Shelter, Transitional Housing and Transition to Permanent Housing and Independent Living; Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; Human Services Strategies: Improve availability and accessibility of basic food, emergency shelter, transitional housing, services promoting strong, supportive relationships for families, and basic health care and memal health services. Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvemems, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. FUNDING SUMMARY The City of Demon is curremly an emitlemem city for the Community Developmem Block Grant and HOME Investment Partnership Programs. The City of Denton's 2005 CDBG allocation is $978,948 and the HOME allocation is $579,461. A total of $87,000 in program income is projected for the 2005 Program year for both CDBG and HOME grams. SF-424 applications for Community Development Block Grant and the HOME Partnership Investment Program funds are on page 4 and 5, respectively. LOCAL MATCH The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The City of Demon's local match for the HOME program is $130,378.75. The 25% match of federal HOME funds excludes administrative allowances of 10%. The City of Demon will provide the match from a variety of sources including the following: Page 1 Federal Home Loan Bank funds awarded to the City of DeNon and the DeNon Affordable Housing Corporation (DAHC) for home ownership assistance and home improvemem. Denton County Housing Finance Corporation and other non-federal funding awarded to DeNon Affordable Housing Corporation and City of DeNon. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME eligible projects. CITIZEN PARTICIPATION To ensure citizen participation in the 2005 Action Plan process, the city followed its Citizen Participation Plan. Public hearings were held December 6th and 13th. The December 13th public hearing was held in Spanish. The public hearings updated citizens on the status of currem programs and activities and asked how the citizens how they felt the 2004 funds should be spent. Both of the public hearings were held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Developmem Newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Developmem Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. A notice was also placed in the Denton Record-Chronicle. After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle summarizing the plan and announcing to the public where the Action Plan was available for review, and the process for submitting comments to the City of Denton. The advertisements also included information on the upcoming public hearing. Ads were also placed on the local governmemal channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All commems received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. To ensure citizen participation at all stages of the 2005 Action Plan process, one public hearing will be scheduled on April 5, 2005 during a City Council Meeting to give citizens the opportunity to commem on the 2005 proposed projects and activities. See page 39 for minutes of the public hearing. AMENDMENT The City of DeNon has also amended the 2004 Action Plan for Housing and Community Development. The amendmem would allow the City of DeNon to reallocate $100,000 in CDBG funds. The 2004 Action Plan included $100,000 in CDBG funds for the demolition of several uninhabitable units at the Phoenix Apartmems a 131-unit housing project. Other funds were utilized to undertake the project. Since the funds were no longer needed for the demolition, they were reallocated to the Home Improvement and Minor Repair Programs, existing programs, and the Phoenix project was cancelled. Page 2 2005 FUNDING SOURCES Emitlemem Gram (Includes Reallocated Funds) CDBG ESG HOME HOPWA Total $978,948 $0 $579,461 $0 $1,558,409 Prior Years' Program Income Not Previously Programmed Or Reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 Reprogrammed Prior Years' Funds (See Amendmem Section) CDBG $100,000 ESG $0 HOME $0 HOPWA $0 Total Total Estimated Program Income CDBG Loan Repaymems $52,000 HOME Loan Repaymems $35,000 Total $100,000 $87,000 Section 108 Loan Guaramee Fund $0 Total Funding Sources $1,745,409 Page 3 APPLICATION FOR Version 9/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED June 15, 20051 Applicant Identifier 756000514 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier A~lic~tion Pre-~lic~tion 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ~J Construction ~J Construction ~J Non-Construction ~J Non-Construction 5. APPLICANT INFORMATION Legal Name: City of Denton Organizational Unit: Department: Economic Development Organizational DUNS: 07-138-0190 Division: Community Development Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) 101 South Locust St., Suite 500 Prefix: I First Name: Barbara City: Denton Middle Name County: Denton Last Name ROSS State: Texas I Zip Code 76201 Suffix: Country: USA Email: barbara.ross@cityofdenton.com 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 75-6000514 (940) 349-7235 (940) 383-2445 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) X New ~J Continuation ~J Revision Municipal If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) [~ [~ Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Housing & Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 14-218 Housing rehabilitation, minor repair, street, sidewalk and TITLE (Name of Program): waterline improvements, demolition, homeownership Community Development Block Grant assistance, provision of public services and program 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): administration. City of Denton, Texas 13. PROPOSED PROJECT 14. CONGRESSIONAl_ DISTRICTS OF: Start Date: August 1, 2005 I Ending Date: July 31, 2006 a. Applicant District 26 ID. Project District 26 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $978,948.uu a. Yes. ~J THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $0 .u~ PROCESS FOR REVIEW ON c. State $0 .~ DATE: d. Local $0.~u b. No. X PROGRAM IS NOT COVERED BY E. O. 12372 e. Other: American Dream $0 .~ Downpavment Initiative ~j ORFoRPROGRAMREviEW HAS NOT BEEN SELECTED BY STATE f. Program Income $52,000 .~ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $1,030,948 7° ½ Yes If "Yes" attach an explanation. X No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES. a. Authorized Representative Prefix First Name Michael Vliddle Name C. Last Name Conduff ,~ uffix b. Title City Manager ~. Telephone Number (give area code) (940) 349- Email: Fax Number (give area code) d. Signature of Authorized Representative 3. Date Signed Pr~vin~ ~rlifinn I I~hl~ ,qf~nrl~rrl Fnrm 4?4 (R~v ~-~ Authorized for Local Reproduction Prescribed bv OMB Circular A-102 A APPLICATION FOR Version 9/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED June 15, 2005 Applicant Identifier 756000514 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Ar)r)lic~tion Pre-~r)r)lic~tion 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ~J Construction ~J Construction ~J Non-Construction ~J Non-Construction 5. APPLICANT INFORMATION Legal Name: City of Denton Organizational Unit: Department: Economic Development Organizational DUNS: 07-138-0190 Division: Community Development Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) 101 South Locust St., Suite 500 Prefix: I First Name: Barbara City: Denton Middle Name County: Denton Last Name ROSS State: Texas I Zip Code 76201 Suffix: Country: USA Email: barbara.ross@cityofdenton.com 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 75-6000514 (940) 349-7235 (940) 383-2445 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) X New ~J Continuation ~J Revision Municipal If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) [~ [~ Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Housinq & Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 14-239 Housing rehabilitation, assistance to CHDO for TITLE (Name of Program): homeownership assistance, acquisition for new HOME Investment Partnership Proaram construction and program administration. 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): City of Denton, Texas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: August 1, 2005 I Ending Date: July 31, 2006 a. Applicant District 26 lb. Project District 26 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $579,461 .uu a. Yes. ~J THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $0 .u~ PROCESS FOR REVIEW ON c. State $0 ."" DATE: d. Local $0.°° b. No. X PROGRAM IS NOT COVERED BY E. O. 12372 e. Other: American Dream $0 .~u ~c~wnn2vm~nf Initi2tiv~ ~j ORFc~RPROGRAMRi:=\/ii:=\N HAS NOT BEEN SELECTED BY STATE f. Program Income $35,000 ."" 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $615,461 .°° LJ Yes If "Yes" attach an explanation. X No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES. a. Authorized Representative Prefix First Name Michael Middle Name C. Last Name Conduff Suffix b. Title City Manager ;. Telephone Number (give area code) (940) 349- Email: Fax Number (give area code) d. Signature of Authorized Representative 3. Date Signed Previous Edition Usable Standard Form 424 (Rev. x-xx) Authorized for Local Reproduction Prescribed by OMB Circular A-102 2005 PROJECTS/ACTIVITIES SUMMARY The City of Demon's total federal and program income funding for 2005 is $1,745,409 (includes $100,000 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. Each project is described in detail from pages 7 to 14 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number: Page # Project Name CDBG Funds HOME Funds 7 AIDS Services of North Texas $6,500 $0 7 Anderson Street Repave $51,388 $0 8 CDBG Administration $206,190 $0 8 City of Demon- After School Action Site/TRAC $8,000 $0 8 City of Demon -King's Kids Day Kamp $10,500 $0 9 City of Demon - Owsley Summer Playground $10,500 $0 9 Cook Street Repave $71,515 $0 9 Cook Street Waterline Replacemem $79,208 $0 10 Day Stay For Adults $12,000 $0 10 Demolition of Substandard Structures $30,000 $0 10 Demon Affordable Housing Corp - AHOP Program $0 $105,015 11 Demon City-Co. Day School $30,000 $0 11 Demon County MHMR (SIERRA) $5,342 $0 11 Eagle Drive Sidewalks $117,950 $0 12 Family Health Care, inc. $25,000 $0 12 Habitat for Humanity of Demon County $0 $48,000 12 HOME Administration $0 $61,446 13 Home improvemem Program $173,940 $400,000 13 Homebuyer Assistance Program $165,915 $0 14 HOPE, inc. $25,000 $0 14 imerfaith Ministries $14,000 $0 14 Minor Repair Pro~ram $88,000 $0 Total Funding Allocated to Projects $1,130,948 $614,461 Funding Available $1,130,948 $614,461 Unprogrammed Funds I $0l $0 Page 5 PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2005 program year with CDBG and HOME funds: AIDS SERVICES OF NORTH TEXAS - $6,500 (CDBG) Provision of food and medical care to individuals and families impacted by AIDS/HIV. Funds will be used to buy food and hygiene items and cover medical care for non-HIV related infections and chronic diseases. Program carried out by AIDS Services of North Texas. HUD Matrix Code: 05 Public Services (General) 570.201(e) Priority Need: Non-Homeless Special Needs Special Objective: Improve the services for low/moderate income persons. Goal: 45 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Subrecipient: Private 570.500(c) Location: Address - 4210 Mesa Drive, Denton Texas 76207 Start & Completion Date: 10/01/04 - 09/30/05 ANDERSON STREET REPAVE - $51,388 (CDBG) Replacement of a portion of Anderson Street, which may include from Amarillo to Mounts Street. Project will also include the installation of curb and gutter. Project will be carried out by the City's Engineering Department. HUD Matrix Code: 03K Street Improvements 570.201 (c) Priority: Infrastructure Improve quality/increase quantity of public improvements for low income Special Objective: persons. Goal: 638 People Primary Purpose: [] Homeless [] HIV/AIDS ~ Disabled Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: CT 20700 BG 1 - 67.87% LM Start & Completion Date: 10/01/05 - 08/31/06 Page 6 CDBG ADMINSTRATION - $10,400 (CDBG PI) and $195,790 (CDBG) CDBG funds will be used for program management, coordination, monitoring and evaluation associated with carrying out eligible activities. Funds will also be utilized to cominue City's efforts in fair housing. Funding includes $10,400 in CDBG Program Income. Program will be carried out by the City's Community Developmem Division. HUD Matrix Code: 2lA General Program Administration 570.206 Priority: Planning & Administration Special Objective: Improve the services for low/moderate income persons. Goal: N/A Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: N/A Subrecipiem: Local Governmem Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 CITY OF DENTON - AFTER SCHOOL ACTION SITE/TRAC - $8,000 (CDBG) Provision of after school care to low-income youth at any of the city's after school action site programs. Funds will be used to provide scholarships for low-income participams and low-income participams with a disability. Program will be carried out by the City of DeNon. HUD Matrix Code: 05D Youth Services 570.201(e) Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 8 People Primary Purpose: [] Homeless ~ HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Local Governmem Location: Community Wide Start & Completion Date: 10/01/04 - 09/30/05 CITY OF DENTON - KING'S KIDS DAY KAMP - $10,500 (CDBG) Provision of a summer playground targeted to youth in Southeast Denton. Funds will be used to )rovide scholarships for low-income participams. Program will be carried out by the City of DeNon. HUD Matrix Code: 05L Child Care Services 570.201(e) Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 40 People Primary Purpose: ~ Homeless ~ HIV/AIDS ~ Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipient: Local Government Location: Address - 1300 Wilson St., Denton Texas 76205 Start & Completion Date: 10/01/04 - 09/30/05 Page 7 CITY OF DENTON - OWSLEY SUMMER PLAYGROUND PROGRAM - $10,500 (CDBG) Provision of a summer playground targeted to youth in the Owsley Neighborhood. Funds will be used to provide scholarships for low-income participams. Program will be carried out by the City of DeNon. HUD Matrix Code: 05L Child Care Services 570.201(e) Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 55 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipient: Local Government Location: Address - 1001 Parvin St., Denton Texas 76205 Start & Completion Date: 05/31/05 - 08/31/06 COOK STREET REPAVE PROJECT - $71,515 (CDBG) Replacement of a portion of Cook Street from Robertson to Wye Street. Project will also include the installation of curb and gutter. Project will be carried out by the City's Engineering Departmem. HUD Matrix Code: 03K Street Improvemems 570.201(c) Priority: Infrastructure Improve quality/increase quamity of public improvemems for low income Special Objective: persons. Goal: 2192 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: CT 21200 BG 2 - 72.72% LM Start & Completion Date: 10/01/05 - 08/31/06 COOK STREET WATERLINE REPLACEMENT PROJECT - $79,208 (CDBG) Replacement of a 6-inch waterline on Cook Street from Robertson to Mill Street. Project will be carried out by the City's Engineering Departmem. HUD Matrix Code: 03J Waster/Sewer Improvemems 570.201(c) Priority: Infrastructure Improve quality/increase quamity of public improvemems for low income Special Objective: persons. Goal: 64 People Primary Purpose: ~] Homeless ~] HIV/AIDS ~] Disabled Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipiem: Local Governmem Location: CT 21200 BG 2 - 72.72% LM Start & Completion Date: 10/01/05 - 08/31/06 Page 8 DAY STAY FOR ADULTS - $12,000 (CDBG) Provision of day activity programming and health services to functionally impaired adults. Funds will be used to subsidize daycare costs not covered by Medicaid reimbursemem. Program will be carried out by Day Stay for Adults. HUD Matrix Code: 05A Senior Services 570.201(e) Priority: Non-homeless special needs Special Objective: Improve the services for low/moderate income persons. Goal: 6 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.500(c) Location: Address - 2109 University Dr., DeNon Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 DEMOLITION OF SUBSTANDARD STRUCTURES - $30,000 (CDBG) Demolition and clearance of vacant substandard structures that contribute to the deterioration of neighborhoods. Program carried out by the City's Community Developmem Division. HUD Matrix Code: 04 Clearance and Demolition 570.201(d) Priority: Infrastructure Special Objective: Improve quality/increase quamity of neighborhoods for low-income persons. Goal: 20 Structures Primary Purpose: [] Homeless [] HIV/AIDS ~ Disabled Eligibility: 570.208(b)(2) - Slums Blight Spot Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 DENTON AFFORDABLE HOUSING CORP - $105,015 (HOME) Provision of acquisition, rehabilitation and resale of affordable homes in Denton, including down payment and closing costs assistance. Program carried out by the Denton Affordable Housing Corporation. HUD Matrix Code: 14G Acquisition for Rehabilitation 92.205 (a) Priority: Housing Special Objective: Increase the availability of affordable owner housing. Goal: 12 housing units Primary Purpose: ~ Homeless ~ HIV/AIDS ~ Disabled Eligibility: N/A Subrecipiem: CHDO 92.2 Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 Page 9 DENTON CITY-CO. DAY SCHOOL - $30,000 (CDBG) Provision of childcare services for low income children between the ages of 2 years and 5 years. Funds will be utilized pay for teacher's salaries. The program carried out by the Denton City-County Day School. HUD Matrix Code: 05L Child Care Services 570.201(e) Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 80 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Private 570.500(c) Location: Address - 1603 Paisley St., Denton Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 DENTON COUNTY NIHNIR (SIERRA) - $5,342 (CDBG) Provides case management to persons with mental illness who are incarcerated in the Denton County ail or who are in the community on probation. Funds will be utilized for the Sierra Program. Program carried out by Denton County Mental Health Mental Retardation Center. HUD Matrix Code: Non-homeless Special Needs Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 20 People Primary Purpose: [] Homeless ~ HIV/AIDS ~ Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele Subrecipient: Public 570.500(c) Location: Address- 2519 Scripture St., Denton Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 EAGLE DRIVE SIDEWALKS - $117,950 (CDBG) Installation of new sidewalks on south side of Eagle Drive from Avenue C to Bernard. Project will also include installation of disability ramps. Project will be carried out by the City's Engineering Dept. HUD Matrix Code: 03L Sidewalks5 70.201(c) Priority: Infrastructure Improve quality/increase quantity of public improvements for low income Special Objective: persons. Goal: 4093 People Primary Purpose: ~ Homeless ~ HIV/AIDS ~ Disabled Eligibility: 570.208(a)(1) - Low/Mod Area Subrecipient: Local Government Location: CT 21100 BG 2; CT 21000 BG 1-3; 84.73% LM Start & Completion Date: 10/01/05 - 07/31/06 Page 10 FAMILY HEALTH CARE - $25,000 (CDBG) Provision of a prenatal clinic aiding women who are without private insurance or Medicaid. Funds will be used to procure services for non-Medicaid eligible, low-income pregnam women. Program will be carried out by Family Health Care, Inc. HUD Matrix Code: 05M Health Services 570.201 (e) Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 100 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Address - 525 S. Loop 288, Suite A, Denton Texas 76205 Start & Completion Date: 10/01/04 - 09/30/05 HABITAT FOR HUMANITY OF DENTON COUNTY - $48,000 (HOME) Funds will be used to purchase a minimum of 5 lots in DeNon for the construction of affordable homes for low-income families in DeNon. Program will be carried out by Habitat for Humanity of Demon. HUD Matrix Code: 12 Construction of Housing 92.205 (a) Priority: Housing Special Objective: Increase the availability of affordable owner housing. Goal: 5 Housing Units Primary Purpose: [] Homeless ~ HIV/AIDS ~ Disabled Eligibility: N/A Subrecipiem: Private 570.200(c) Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 HOME ADMINSTRATION - $3,500 (HOME PI) and $57,946 (HOME) HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community Developmem Division. Funding includes $3,500 in HOME Program Income. HUD Matrix Code: 21H HOME Admin/Planning Costs of PJ (subject to 10%) 92.207 (a) Priority: Planning & Administration Special Objective: Improve the services for low/moderate income persons. Goal: N/A Primary Purpose: ~ Homeless ~ HIV/AIDS ~ Disabled Eligibility: N/A Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 Page 11 HOME IMPROVEMENT PROGRAM - $132,340 (CDBG), $41,600 (CDBG PI), $368,500 (HOME) and $31,500 (HOME PI) Rehabilitation of owner-occupied structures in targeted neighborhoods. Funds are available in low interest loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed. Funding includes CDBG ($41,600) and HOME ($31,500) Program Income. Program will be carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 CDBG / 92.205 (a) HOME Priority: Housing Special Objective: Improve the quality of owner housing. Goal: 7 Housing Units Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 HOMEBUYER ASSISTANCE PROGRAM - $165,915 (CDBG) HAP is designed to provide homeownership opportunities for low and moderate-income families who live in Denton. The program provides down payment, closing costs and gap assistance to eligible households. Program carried out by the City's Community Development Division. HUD Matrix Code: 13 Direct Homeownership Assistance 570.202 Priority: Housing Special Objective: Increase the availability of affordable owner housing. Goal: 12 Households Primary Purpose: [] Homeless ~ HIV/AIDS ~ Disabled Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipient: Local Government Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 Page 12 HOPE, INC. - $25,000 (CDBG) Provision of financial assistance and case management to families who are homeless or at risk to be homeless and seeking to secure permanem housing. Funds will be used to assist the homeless and )otemially homeless families with rem, utility, food, and childcare needs. Program will be carried out by HOPE, Inc. HUD Matrix Code: 05 Public Services (General) 570.201(e) Priority: Public Services Special Objective: Increase the number of homeless persons moving imo permanem housing. Goal: 55 People Primary Purpose: [] Homeless [] HIV/AIDS [] Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Community Wide Start & Completion Date: 10/01/04 - 09/30/05 INTERFAITH MINISTRIES - $14,000 (CDBG) Provision of emergency utility bill assistance to low-income residems of Demon. Funds will be used to )rovide emergency utility assistance for low-income families. Program will be carried out by Imerfaith Ministries of Denton, Inc. HUD Matrix Code: 05Q Subsistence Paymems 570.204 Priority: Public Services Special Objective: Improve the services for low/moderate income persons. Goal: 100 People Primary Purpose: [] Homeless ~ HIV/AIDS ~ Disabled Eligibility: 570.208(a)(2) - Low/Mod Limited Cliemele Subrecipiem: Private 570.200(c) Location: Address - 109 W. Sycamore, Demon Texas 76201 Start & Completion Date: 10/01/04 - 09/30/05 MINOR REPAIR PROGRAM - $88,000 (CDBG) Program serves low-income homeowners by providing a gram of up to $5,000 for repairs. Repair cannot be covered by homeowner's insurance. Program carried out by the City's Community Developmem Division. HUD Matrix Code: 14A Rehab; Single-Unit Residemial 570.202 Priority: Housing Special Objective: Improve the quality of affordable owner housing. Goal: 15 Housing Units Primary Purpose: [] Homeless ~ HIV/AIDS ~ Disabled Eligibility: 570.208(a)(3) - Low/Mod Housing Subrecipiem: Local Governmem Location: Community Wide Start & Completion Date: 08/01/05 - 07/31/06 Page 13 OTHER RESOURCES AVAILABLE Also, during the 2005 Program year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General Fund dollars. The Human Services Advisory Committee has recommended funding the following human services program. It is recommended that these activities be funded through Denton's general fund budget. City Council will consider approval of the following recommendations in September 2005. Category / Agency General Funds RSVP I $10,000 SPAN I $25,000 E~g~n~ s eE~i~es Community Food Center I $2,000 Hope, Inc - HMIS $18,000 Salvation Army $20,000 S Peel a l~ e e ds Se~ ~i ~ ~S Sickle Cell Disease Association $6,500 Denton Co. Federation of Families $10,000 Nouth Children Fa~il~ Sgr i~e$ CASA $8,000 Children's Advocacy Center $12,000 Communities in Schools $5,000 Denton Christian Preschool $30,000 Denton Co. Friends of the Family $28,000 Denton Family Resource Center $7,800 Fred Moore Day Nursery $25,000 Owsley Comm. School - After School $13,000 People's Clinic $25,000 ~o~al Page 14 STRATEGIES & PROPOSED PROJECTS The City of Denton's 2005 funding has been allocated to programs and activities that meet objectives stated in Denton's five-year strategic plan. Following is the list of the five-year strategies and proposed outcomes stated in the 2005-09 Consolidated 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 Activities RENTAL HOUSING STRATEGIES Encourage and support the development of small mixed-income rental developments in accessible areas. An addition of 100 affordable units in mixed income developments would assist in meeting this outcome measure. Encourage self-sufficiency among households that currently receive rental subsidies and other forms of public support. Encourage and support the rehabilitation of substandard units. Encourage and assist low- income renters to become homeowners. Target programs and information to minorities and the elderly. Rental assistance and other forms of public assistance to approximately 25 households Rehabilitation Approximately 25 units. Approximately 250 renters will be assisted. Four newsletters per year will be sent out. Additional information will appear on cable channel. Provide support for low-income housing tax credit and bond proposals for development. Work with and provide funding when appropriate to support transitional housing and self-sufficiency programs administered by Denton Housing Authority, HOPE, Inc and Cumberland Presbyterian Children's Home. Continue to support effort in the City's Rental Rehabilitation Program with residual funds. Funding City's Homebuyer Assistance Program, DAHC's Affordable Housing Opportunity Program and Habitat for Humanity for a total of 29 households. Support ofDAHC's Infill New Construction Program and Nevada Court Project. Support for Denton Housing Authority's Family Self Sufficiency Program. Continuation of TBRA Program with residual funds. Disseminate program information in Spanish and English to organizations serving these groups. OWNER-OCCUPIED HOUSING STRATEGIES Educate homeowners regarding home maintenance and budgeting for major and minor repairs and safe cleaning practices. Information will be provided to 20-25 households Four to five households will be provided successful homeowner education. Page 15 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Assist low and moderate- Provide minor repairs to Funding of the Minor Repair Program for 17 income households with approximately 120 very households. minor housing repairs and low to moderate-income weatherization, homeowners. Encourage and assist low Assistance to 25 to 35 Funding of the Home Improvement Program and moderate-income households, for 7 households. homeowners to maintain their units up to current City of Denton code standards. HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS Educate homebuyers Information will be Support of Fannie Mae and HUD approved regarding home buying provided to 150 prospective homeowner-ship workshops by local agencies process and household homebuyers, and lenders budgeting. Encourage and assist low Approximately 150 renters Funding of Homebuyer Assistance Program, and moderate income will be assisted. Habitat for Humanity and the DAHC's renters to become Affordable Housing Opportunity Program for a homeowners, total of 29 households. Support production of Construction of an Funding of Habitat for Humanity for 12 affordable units, estimated 75 new units, households and support of DAHC and City's Infill New Construction Program and DAHC's Nevada Court Project and the New Construction Program. CONTINUUM OF CARE - PREVENTING HOMELESSNESS Provide assistance for low- 1) Support at least three 1 a) Support and refer persons to local business income households to educational classes and agency's' First Time Homebuyer secure and sustain safe, concerning securing and classes and Credit Counseling Classes decent affordable housing maintaining a home. lb) Provide funding to HOPE, Inc in support of 2) Support 250 individual/ programs including Housing Counseling family units of services 2a) Provide administrative support and funds to secure and maintain including any Emergency Shelter Grant housing including Program or Emergency Food and Shelter prevention of foreclosure Program Awards to HOPE, Inc and The and eviction a year Salvation Army for homelessness prevention assistance to at least 250 persons. 2b) Provide Tenant Based Rental Assistance from HOME funds to the Elderly and Disabled to maintain independent living and to prevent homelessness. Page 16 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE - OUTREACH AND ASSESSMENT 1) Improve community assessment of needs and services available 2) 3) Support at least five homeless service agencies participating in the HMIS in three years. Complete implementation of the Denton County HMIS project in three years. Support a county-wide coordinated Discharge Policy and Plan to End Chronic Homelessness in two years 2a) 2b) 3) Provide funds to the Denton County Homeless Management Information System to enroll and support homeless service agencies. Complete first phase of Denton County HMIS project Implementation including contracts with software provider and for HMIS technical services support. Assist Denton County HMIS Project management to complete HMIS policies and procedures. Assist the Denton County Homeless Coalition organize a taskforce to create and implement a plan to in Chronic Homelessness including a coordinated discharge policy. CONTINUUM OF CARE - EMERGENCY SHELTER Meet the emergency shelter and basic health, food, clothing, and personal hygiene needs of the homeless and victims of domestic violence. 1) 2) Support at least 1,000 emergency shelter nights of stay a year. Assist local agencies to apply for at least three grants to provide supportive services to all homeless, victims of domestic violence, homeless families or homeless youth. 1) Provide funds to the Demon County Friends of the Family Safe Shelter and The Salvation Army to support at least 1,000 nights of stay. 2a) Assist The Salvation Army, and Denton County Friends of the Family to apply for Emergency Shelter Grant Program Funds 2b) Assist Denton County MHMR to apply for Supportive Housing Program and/or Shelter Plus Care Funds. 2c) Assist AIDS Services of North Texas apply for Supportive Housing Program Funds. Page 17 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities CONTINUUM OF CARE - TRANSITIONAL HOUSING 1) a) Meet the transitional housing and supportive service needs of the homeless and victims of domestic violence in preparation for a move to permanent or permanent supportive housing. 2) Support at least 1 O0 individuals/families provided with transitional housing a year. Assist local agencies to apply for at least two grants to provide additional transitional housing and supportive services Support the increase use of transitional housing and/or supportive services to prepare individuals for permanent housing in the Ten Year Plan to End Homelessness. Provide funds to the Salvation Army to support a transitional shelter program for an estimated 69 persons. b) Provide funds to HOPE, Inc to support a transitional housing program for an estimated 50 persons. 2a) Provide local agencies with information on grant opportunities for funds to support transitional housing and supportive services. 2b) Provide documentation for and assist with the completion of applications to request Emergency Shelter Grant Funds and Supportive Housing Program funds for transitional housing and supportive services 3) Attend Ten Year Plan to End Homelessness meetings and provide information on the importance and need for transitional housing and/or supportive services. CONTINUUM OF CARE - TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING Provide homeless and victims of domestic violence with permanent or permanent supportive housing. 1) Assist agencies to apply for at least two grants to provide permanent supportive housing with an emphasis on chronic homeless and persons with a severe mental illness and/or HIV positive status. 2) Assist at least two community partnerships/ collaborative efforts to provide additional permanent housing opportunities to the homeless and victims of domestic violence a) Assist AIDS Services of North Texas and Denton County MHMR apply for Supportive Housing Program funds for permanent supportive housing program projects. b) Provide local agencies with information on grant opportunities for funds to support transitional housing and supportive services. 2a) Participate in the Affordable Housing Coalition and the Denton County Homeless Coalition. 2b) Provide funding to support programs of HOPE, Inc, Denton County Friends of the Family, and Denton Affordable Housing Corporation who have a collaborative effort to move victims of domestic violence from emergency sheker to Transitional housing in preparation for stable, sustainable permanent housing. Page 18 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities LEAD-BASED PAINT STRATEGIES Educate homeowners, rent property owners/managers and contractors regarding disclosure, the history of lead-based paint, its hazards to children and how to use safe work practices when disturbing paint in older housing. Reduce Lead-Based Paint Hazards in owner and renter-occupied residential units as needed. 30 households and 50-75 contractors and property managers received field guides for painting, home maintenance and renovation work instructions. 20 owners, managers or contractors receive individual safe work practice video training for the five-year period Average of 40 units will receive lead-based paint inspection, hazard control reduction work or abatement, pass inspections and, when required, meet final clearance over the five-year period. Six owners and 12 contractors or property managers will receive field guides for Lead Paint Safety painting, home maintenance and renovation work instructions. Four owners, managers or contractors receive individual safe work practice video training and lead-related regulation training. In properties built before 1978, two minor repairs, one rental rehabilitation, three owner occupied rehabilitations and three homebuyer assistance projects will be completed and receive lead-based paint reduction work, pass inspections and meet final clearance in compliance with 24 CFR 35 regarding lead- based paint during 2005. For the Homebuyer Assistance Program, only a visual inspection will be conducted and property must pass inspection. HUMAN SERVICES STRATEGIES 1) la) Meet the basic food needs of the homeless and low- income 2) Support at least 5,000 emergency meals and food bags a year Support at least 350 meals and nutritional food bags/shops a year Provide funds to support the Community Food Center who will provide emergency food bags to an estimated 5,000 households lb) Provide funds to support The Salvation Army in Denton who will provide meals to an estimated 80 persons in the transitional shelter program. 2a) Provide funds to support the Nutrition Center of AIDS Services of North Texas to provide an estimated 60 persons with weekly nutritional shops. 2b) Provide funds to support SPAN who will provide an estimated 5,000 meals to elderly. Page 19 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Meet the basic shelter 1) Support at least 1,000 1) Provide funds to the Denton County Friends needs of homeless and emergency shelter nights of the Family Safe Shelter to support an low-income persons of stay a year estimated 3,000 nights of stay. 2) Support at least 100 2a) Provide funds to The Salvation Army to individuals/families support a transitional shelter program for an provided with transitional estimated 69 persons. housing a year 2b) Provide funds to HOPE, Inc to support a 3) Provide at least 100 hours transitional housing program for an of staff time in support of estimated 50 persons. at least 3 projects for the 3a) Provide 10 staff hours to support the Denton Denton County Homeless County Homeless Count conducted by the Coalition a year Denton County Homeless Coalition 4) Support 250 individual/ (DCHC). family units of case 3b) Provide 60 staff hours to support the DCHC management and other application for Continuum of Care funds. services to maintain 3c) Provide 30 staff hours to support the DCHC housing including application for Emergency Shelter Grant prevention of foreclosure Program Funds. and eviction a year 4) Provide funds to HOPE, Inc 30-90 day program to support 250 persons secure and maintain housing. Foster and maintain an 1) Participate in at least 3 la) Participate in the Denton County Homeless environment where coalitions and/or Coalition in the effort to prevent and end families, neighborhoods, collaborative efforts for homelessness. and communities enjoy community initiatives to lb) Participate in the Success by Six Children's strong, supportive foster and maintain an Coalition in an effort to improve the lives of relationships environment to promote children and their families. strong, supportive 1 c) Participate in the Denton Information relationships Network in the effort to network and 2) Support at least 250 increase collaboration between health and individuals/family units human service agencies in the City of of childcare, after-school Denton. and summer care, 2a) Provide funds to three daycares to support parenting skills, and adult the provision of childcare to an estimated education assistance a 200 families. year 2b) Provide funds to four after school/summer care programs to support the provision of childcare to an estimated 75 families. Page 20 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities (Continuation from 3) Support at least 200 units 3a) Provide support to Denton County Friends previous strategy) of domestic violence and of the Family for the provision of domestic sexual assault direct violence and sexual assault victim services Foster and maintain an services over a year including counseling and a hotline to an environment where 4) Support at least 100 units estimated 150 person. families, neighborhoods, of domestic violence and 3b) Provide support to Children's Advocacy and communities enjoy sexual assault prevention Center for Denton County to provide sexual strong, supportive education and training a abuse/assault services to an estimated 50 relationships year children and non-offending families members. 4) Provide support to Denton County Friends of the Family for the provision of and estimated 100 community education and offender classes to prevent domestic violence and sexual assault. City residents have access 1) Support at least 75 units 1) Provide support the Family Health Care and to health care to be as of health care services a Peoples Clinic for primary health care and physically and mentally fit year pre-natal services to at least 75 persons. as possible 2) Participate in at least 2 2a) Participate in the 100% Geriatric Services in coalitions/collaborative Denton County Workgroup in the effort to efforts to improve enrich and improve the lives of the elderly. availability of health care 2b) Participate in the Denton County Federation especially for low- of the Families effort to support and income persons, elderly, promote advocacy skills in families with and people with children with sever emotional, behavioral, disabilities and mental health needs. 3) Support at least 25 units 3) Provide funds to Denton County MHMR of mental health care SEIRRA Program and Denton County services Federation of Families to support at least 25 units of mental health care support services, counseling, and case management. INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES Street paving and Paving and repaving Funding of Anderson and Cook Street repaves repaving, installation of projects will support 700 for a total of 2,830 people. curb and gutter, people. Installation of new Sidewalk projects will Funding of Eagle Drive Sidewalks for a total sidewalks and replacement support 235 people, of 4,093 people. sidewalks. Installation of water and Water and sewer projects Funding of Cook St. Waterline Replacement sewer lines. Connection of will support 120 people. Project for a total of 64 people. residential units to services. Page 21 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan Strategy Outcome Measures Proposed Activities Installation of drainage 10-15 properties will be Not applicable this year. improvements including affected by drainage improvements that will improvements. remove residential properties from floodplain. Rehabilitation and Improvement to at least 2 Not applicable this year. expansion of public public service facilities. services facilities. Improve and/or expand Improvements to least 2 Not applicable this year. park facilities including park facilities. open space, playground and other recreational facilities. DEMOLITION STRATEGIES Continue to demolish To demolish 25 structures Funding of the Demolition Program for 6 substandard buildings to during the five-year period, structures. improvement the appearance and safety of neighborhoods ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES Support training and Provide economic Provide non-federal incentives to organizations expand training and opportunity by supporting to create jobs. Work with job training employment activities activities that create jobs. organizations to promote training in specific targeted to poverty and areas of need. very low-income households. Expand educational Provide counseling and Provide funding to transitional housing opportunities for those education services to 25-35 providers. Request that information on seeking transitional transitional housing clients, educational opportunities be provided to housing or other housing clients. support services. Encourage support of Over the five-year period Monitor federally funded projects and work Section 3 goals by local 25+ individuals hired for with contractors to ensure that Section 3 contractors, projects by private requirements are fulfilled. contractors. Encourage start-up and Provide loan assistance to Continuation of the City's Small Business expansion of micro/cottage 25 micro businesses over Loan Program with residual funds to provide industries supporting very the five-year period, two to three loans during the program year. low-income households. Page 22 2005 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts Minority Concentration Census Tracts 0 - 25% +25% - 30% +31% - 40% +41% - 50% +50% - 100% Source: U.S. 2000 Census 2005 Projects and Activities 1. AIDS Services of North Texas 2. Anderson Street Repave 3. Cook St. Repave & Waterline Project 4. Day Stay for Adults 5. Demon City-Co. Day School 6. Denton County MHMR 7. Eagle Dr. Sidewalks 8. Family Health Care 9. Interfaith Ministries 10. King's Kids Day Kamp 11. Owsley Summer Playground Program Communi _ty-Wide Activities CDBG and HOME Administration Demolition of Substandard Buildings Demon Affordable Housing Corp. - AHOP Habitat for Humanity of Denton County Home Improvement Program Homebuyer Assistance Program HOPE, Inc. Interfaith Ministries Minor Repair Program PARD: ASAS Scholarships Page 23 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM - FORMS OF INVESTMENT The City of DeNon, through the Homebuyers Assistance Program (HAP) and DeNon Affordable Housing Corporation, through the Affordable Housing Opportunity Program (AHOP) will provide subsidies to low and moderate-income homebuyers. Under the HAP program the maximum HOME subsidy will be $14,900. This amouN includes all investmeN that enables the family to purchase the unit. This sets up a 5, 10 or 15-year recapture period for all homebuyers. The subsidy is provided as a 5, 10 or 15 year deferred forgivable loan. Under the AHOP program the maximum HOME subsidy will also be $14,900 and is set up as a 5-year recapture period. According to the promissory note, 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 complies with the terms of the promissory note, deed of trust and the program, the City of Denton and DAHC agree to release the maker of the note from payment of the loan. Borrower agrees not to sell, lease, or transfer any interest therein during the term of the loan. In the event that the borrower sells, leases or transfers the property, the City of DeNon and DAHC will require that the loan balance be repaid. If the borrower sells the property or if the property is foreclosed upon, or transferred in lieu of foreclosure, the loan balance will be repaid from the net proceeds. Net proceeds are defined by HUD as the sale price less closing costs and mortgage payoff. If the net proceeds of the sale are not sufficient to repay the loan balance, the City of Denton and DAHC can reduce the amount based on the available net proceeds at the time of sale. Recaptured funds from the either program will be used to assist other first-time homebuyers. Funding agreemeNs and/or coNracts with community housing developmeN corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to coNinued affordability of assisted units. There are no other forms of investmeN that are not described in §92.205(b) by the City of DeNon. HOME PROGRAM - TENANT BASED RENTAL ASSISTANCE The City of DeNon's TenaN-Based ReNal Assistance Program (TBRA) has been developed to assist very low-income households in obtaining safe, sanitary housing. The following statistics about elderly or the need for renal assistance are stated in the 2005 Consolidated Plan for Housing and Community Development: 66% of the reNer households in DeNon are below 50% of the area median income and are considered very low-income households. Waiting lists for Section 8 subsidies or subsidized housing units has 1476 very low-income households. 37% of the elderly in Denton are renters. More than 65% have incomes at or below 50% of the area median income. 54.8% of elderly reNer households report housing problems. 31% of the elderly reNer households in this category have a cost burden, 37% have a severe cost burden. Page 24 Housing studies indicate that there is adequate housing for middle and upper income elderly. However, service providers state a need for additional housing that is within the reach of low and very low-income elderly. Support services, designed to allow the elderly to remain independem, are needed as a supplement to the housing assistance. The information discussed in the 2000-2005 Consolidated Plan concerning the need for affordable renal housing for the elderly and citizen requests for assistance for persons with disabilities has led the City of Denton to adopt a Tenant Selection Policy. This policy will be used to determine appropriate participants under the City's Tenant-Based Rental Assistance program. TBRA is an essemial elemem of DeMon's Consolidated Plan and will serve to expand the supply of affordable, decem, safe and sanitary housing for very low-income households. MONITORING STANDARDS AND PROCEDURES The City of DeNon will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishmems. Based on the comparison the City of Demon will consider making changes or updates to the 5-year Consolidated Plan. The City of DeNon provides CDBG, HOME and General funds to several non-profits agencies and departmems providing supportive services. The City's Human Services Coordinator monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars to ensure that they have access to pertinent information. Agencies are required to provide quarterly beneficiary and financial reports. A year-end report is required to detail annual expenditures, beneficiary information, funding sources and major accomplishmems. Each year, the Human Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes a review of cliem files, financial and accouming records, and procuremem procedures. Independem audits are also submitted and reviewed by the City staff. A similar process is also followed to monitor the DeNon Affordable Housing Corporation, a certified CHDO. The City's Community Developmem Administrator with the help of the Coordinator monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. Programs and projects carried out by the City are monitored daily. Staff maimains checklists on individual projects to ensure that all required procedures have been completed. The Housing Rehabilitation Staff maimains records on all rehabilitation projects. The Community Developmem Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maimains records on public infrastructure projects. The Administrator reviews and certifies all applications prior to provision of assistance. A year-end report that details expenditures, revenue, beneficiary information and major accomplishmems is also required from all City programs and projects. Page 25 PUBLIC HOUSING IMPROVEMENTS The City of Demon has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Demon has no public housing units. However, City staff will cominue to work with the Denton Housing Authority to promote the Homebuyers Assistance Program to those currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies were included in the Consolidated Plan. INSTITUTIONAL STRUCTURE The City of Demon's 2005-2009 Consolidated Plan notes six "gaps" in organizational structure that hinder effective housing and social services delivery. These gaps include the following with the City's efforts to ameliorate these conditions during the coming year: Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Demon. Housing organizations often compete for resources when coordination and partnership efforts would be more effective. Work with the Denton Housing Coalition to bring other housing providers and professionals into the organizations. Participate in the North Texas Housing Coalition that includes larger metroplex communities such as Dallas and Fort Worth. Form coalitions and collaborative relationships with NTHC members when appropriate. 2. Need for more effective coordination between emergency assistance agencies. Assist with the development of the Homeless Management Information System including administration of the first year of a three-year Supportive Housing Program grant received from US Departmem of Housing and Urban Development (HUD). Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Comractor training along with additional funding targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program. Community Developmem housing staff will seek out training opportunities and inform contractors of the training. Staff will also work with housing partners such as HUD, the TX Departmem of Housing and Community Affairs (TDHCA) and the Demon Affordable Housing Corp. to provide contractor training on lead abatement and interim controls. Request additional funds under the Lead Hazard Comrol Gram program if it is available and the City's application would appear to score highly based on the program criteria. Page 26 4. Lack of shelter facilities for families and youth. Work with Denton County Homeless Coalition to develop and support additional shelter facilities. Include proposed activities in the "Ten-Year Plan to End Chronic Homelessness. Some additional emergency shelter facilities or alternative housing programs should be available in Denton County within the ten-year plan period. 5. Need for service coordination and referral services that go beyond activities of HMIS, including application intake, referral and coordinated case management. Participate in an interdisciplinary initiative by the University of North Texas to create a countywide information and referral network for community housing, health, and human services. 6. Lack of coordination of homebuyer/homeowner educational services needed to provide a higher level of information. Work with local agencies, lenders, realtors and university to create a unified vision for homeownership/homeowner workshops that will provide beneficial information so that homeowners and homebuyer will be successful homeowners in the near future. Page 27 LOCAL GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community 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 provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in 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 in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving 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 Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Page 28 Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will 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 in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date [ Michael C. Conduff Name I City Manager I Title [ 215 E. McKinney Street Address [ Denton Texas 76201 City/State/Zip [ (940) 349-8307 [ Page 29 Telephone Number Page 30 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 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 which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. 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 resources are not available); o Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2005, (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 activities that benefit such persons during the designated period; o Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with 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 of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public 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 public improvements financed from other revenue sources. In this 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) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Page 31 Excessive Force -- It has adopted and is enforcing: 7. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil fights demonstrations; and o 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 fights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in 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-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. Signature/Authofized Official Date [ Michael C. Conduff Name I City Manager I Title [ 215 E. McKinney Street Address [ Denton Texas 76201 City/State/Zip I (940) 349-8307 Telephone Number [ Page 32 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible 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 in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date [ Michael C. Conduff Name I City Manager I Title I 215 E. McKinney Street J Address [ Denton Texas 76201 City/State/Zip I (940) 349-8307 I Telephone Number [ Page 33 APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is 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 required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug-Free Workplace Certification 9. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 10. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates 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. 11. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 12. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 13. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street City County State Zip Community Development 101 S. Locust, Denton Denton TX 76201 Division Suite 500 Page 34 14. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. 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); "Conviction'' means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. 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 include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti-displacement and Relocation Plan Signature/Authorized Official Date [ Michael C. Conduff Name I City Manager Title I 215 E. McKinney Street Address [ Denton, Texas 76201 City/State/Zip I (349) 349-8307 Telephone Number Page 35 PUBLIC HEARING MINUTES - ENGLISH Monday, December 6, 2004 MLK Recreation Center at 1300 Wilson Street, Denton Texas Staff Presem: Nancy Baker, Anita Ferguson, Becky Guthrie, Gordon Meredith, Wendy Nalls, Frank Payne, Barbara Ross Attendees: Susie Gardner Rick Andresen Peternia Washington Eddie Touraine - CDAC Member Willie Taylor Jack Thompson - City Council Amy Pape - Cumberland Ruby Cole Laura McDade Sandra Benavides - CDAC Member La Nelle Winn- CDAC Member Charles McLain- HSAC Member Barbara Ross began the public hearing with imroductions of staff, committee members and council members. Ms. Ross then reviewed the 2003 - 2004 Community Developmem activities. Five public improvemem projects were completed or initiated including McKinney Street Sidewalks, Inman Water/Wastewater, Fred Moore Restrooms, MLK Lighting and Denton City County Day School Sidewalks/Parking Lot. The City assisted 25 new homebuyers. Two single- family units were rehabilitated and four were reconstructed. Two small businesses were assisted under the Microemerprise Loan Program. The City of DeNon also provided funding for 24 social service agencies. Wendy Nalls asked those in attendance to give their priority projects under several differem categories including public improvemems, housing, social services and economic developmem. The following is a list of those priorities: Public Works · Installation of sidewalks on Eagle from Bernard to Avenue C · Street improvement to correct sinking hole problem at Baldwin & Morse · Duncan/Kerley intersection - street drainage problem · Greenway/Lakewood Drive street improvemems · Building for agency services such as the Boys and Girls Club · Traffic lights at intersections on Elm Street · Pocket parks in SE Denton area · Lights on rail trail at Brinker Road · Bike lane on Eagle Page 36 Social Services · Emergency Services/Shelter · Home Health Services · After School Program Scholarships · Literacy Programs Housing · Rehabilitation/Reconstruction Program · Rental Assistance Economic Development · Loan program targeted to women-owned businesses Demolition · Skinner/Prairie house · Lakey/Morse house Ms. Ross noted that some projects such as the lights on the rail trail and sidewalks along Eagle Street might not be eligible since the activities may not primarily serve the low/mod-income population. Also, traffic lights at intersections on Elm would not meet the low/mod requirement since it was not within a "neighborhood." She also noted that with Fred Moore Park, Phoenix Park and the MLK area, that SE Denton had a significant amount of recreational space and that additional pocket parks might not be considered for that reason. Those present also discussed the City's policy regarding bike lanes and whether they planned to continue designating these. Ms. Nails asked those present to indicate their top priorities by using colored tabs and placing them by each priority activity listed. The following activities received priority ratings: · Housing rehabilitation/reconstruction - 3 · Rental assistance - 3 · Eagle Sidewalks - 3 · Duncan/Kerley drainage - 3 · Home health services - 3 · After school program scholarships - 1 · Emergency services - 1 · Building for agency services - 1 Attendees were reminded that they could continue to call in comments until April regarding the City's federally funded activities. The public hearing on December 13th was announced. It was noted that the hearing would be in Spanish. The hearing was adjourned. Page 37 PUBLIC HEARING MINUTES - SPANISH Monday, December 13, 2004 MLK Recreation Center at 1300 Wilson Street, Denton Texas Attendees: Sandra Benavides, Jorge Urbina and Rudy Moreno Staff Present: Luisa Rodriguez-Garcia and Alma Espino Luisa Rodriguez-Garcia opened the public hearing at 6:45 p.m. Ms. Rodriguez-Garcia stated that the purpose of the public hearing was to get citizen input on the use of the City's federal funds from the U.S. Department of Housing and Urban Development. She reviewed the funding sources from HUD and approximately the amount of funds that would be available for the 2005 program year. She mentioned that the City of Denton receive both Community Development Block Grant and HOME Investment Partnership Grant funds. Ms. Rodriguez-Garcia reviewed eligible activities under both the CDBG and HOME programs and gave attendees information on last year's activities and accomplishments. She then asked for comments or questions. Jorge Urbina stated there is a need for the construction of a building at the Day Laborer's Site on Collins and Fort Worth Drive. He mentioned that the building needed to be equipped with telephone lines and staffrestrooms to provide services and training opportunities for the day laborers. He also mentioned that he fek very strongly that the City or a non-profit needed to apply for CDBG funds for the construction of the building. Rudy Moreno agreed with Mr. Urbina and stated that the construction of a building on at the Day Laborer's site was essential in meeting an important need in our community. Jorge Urbina mentioned that the Workforce Commission had agreed to provide a part-time person to provide services to the day laborers. He also mentioned that many other surrounding communities that have a similar building for services charge the contractors or persons needed the help of the day laborers a small fee to paid for the ongoing maintenance of the building. Ms. Urbina also stated that there was a need for the City of Denton to be involved with a comprehensive bilingual information fair in both Spanish and English. The informational fair can provide citizen a one- stop shop for information on an array of services available in the city, such as human services, health program, housing programs, employment training, legal services, small business funding and much more. He mentioned that a city in the Metroplex has a similar information fair that coincides with back to school and provides school supplies to needy children. According to Jorge Urbina, he has seen a rise in the number of calls for small business loans. Alma Espino mentioned that the City of Denton currently provides small business loans at 3 % for up to $10,000 for business expansion or start-up. Luisa also mentioned that the City's Small Business Program recently provided business loans to a bakery and a photography business. Mr. Urbina also mentioned to Alma Espino that he had recently had an opportunity to talk to a group of lenders in the Metroplex where he mentioned that they needed to find out if their city provides housing program similar to Denton. He mentioned that the City of Denton provides a variety of different housing programs that are very much needed in our community, such as the Minor Repair, Home Improvement and the Homebuyer Assistance Program. No additional comments were received so the meeting was adjourned. Page 38 Action Plan Public Hearing Minutes April 5, 2005 City Council Meeting Page 39 MINUTES FROM 30-DAY COMMENT PERIOD April 3, 2005 through May 3, 2005 The following comments were received during the City of Denton's 30-day comment period on the 2005 Action Plan for Housing and Community Development: Page 40 Official Minutes Community Development Advisory Committee January 31, 2005 Economic Development Conference Room Members Present: Ron Aldridge, Cassandra Berry, Hank Dickenson, Peggy Fox, Charlye Heggins, Edward Touraine, and La Nelle Winn Members Absent with Notification: Sandra Benavides, Maureen Jamail Staff Present: Barbara Ross Eddie Touraine, chair, called the meeting to order. Mike Cagle and Zackery Loiselle from the Building Inspections Department were introduced. Mr. Cagle reviewed the procedures for demolition projects. He stated that structures could be demolished with owner consent or through the building condemnation process. Mr. Cagle added that they try to get four or five structures for the demolition bid to keep the cost down. Three properties are scheduled to go to the Building Code Board on February 17th. They are currently working 12 to 14 structures. Demolition of each structure averages approximately $3,400. Committee members pointed out that the history of the program does not indicate that they will increase the number of structures being demolished on an annual basis. Nancy Bake, CD housing programs manager, indicated that at one time a Building Inspection staff member was dedicated to working on the substandard building problem. After she left, no one was assigned that responsibility but now it appears that Building Inspections plans to dedicate some staff to the effort again. Hank Dickenson asked if their goal was to expend the entire $80,000 during the program year. Mr. Cagle indicated that it was. Cassandra Berry asked if this was the only funding they received to demolish buildings and Mr. Cagle stated that it was. Ms. Baker indicated that the Fire Department has a small amount of funding to board up houses and secure them but no funding for demolition. Hank Dickenson asked who made up the Construction Advisory Board. Mr. Cagle indicated it was the building official, a local plumber and others in the construction industry. Ms. Berry asked about the photo at the back of the handouts. Mr. Cagle explained that is was a photo of a substandard unit that had been inhabited from time to time. The unit was in very poor condition. Alma Espino, CD housing specialist, and Gordon Meredith, residential construction specialist were introduced. Ms. Espino indicated that the request for the Home Improvement Program for the 2005-'06 year was $573,940. With these funds they could complete a minimum of seven projects. They currently have two projects waiting on the 2005-'06 funding. Ms. Espino provided a PowerPoint presentation showing several "before" photos of units with sagging walls, deteriorating bathrooms, no proper flooring and holes in the walls and windows. The "after" shots showed the "reconstructed" units. Ms. Espino stated that to participate in the program, the owners must be low to moderate-income and show the ability to pay back the HIP loan. She added that households with credit problems must work on those problems before they are approved for assistance. It was noted that some families have come in with poor credit and worked to get their bills paid off. They have then returned and received assistance from the city. Page 41 Staff offers assistance and referrals to those with credit problems. Ms. Espino reviewed the range of loans available based on household income. She also described the items that the program would take care of. Ms. Espino reviewed the Americans with Disability Act (ADA) features that the HIP program can install. The size of the unit and the number of bedrooms is determined by the household size. Mr. Touraine asked if the $573,000 was for seven units. Ms. Espino indicated that most projects entailed reconstruction rather than rehabilitation and that it also included some staff and administrative costs. Peggy Fox asked who had the responsibility for the relocation costs. Ms. Espino indicated that it was the household's responsibility but that there had never been any family that wasn't able to relocate for a reconstruction. Ms. Espino stated that staff attempts to help them find an affordable unit if necessary. Ms. Ross stated that many of the families doubled up with relatives during the construction. Everyone is informed regarding how long they will be out of their home prior to the start of construction. Ms. Berry asked if any of the families with disabled persons in the household ever receive assistance from the Texas Rehabilitation Commission. Ms. Espino responded that sometimes they do. The Denton Affordable Housing Corporation also has some units, including accessible units that are sometimes available for relocation. Mr. Touraine asked if child support was included in the income calculation to determine eligibility. Ms. Espino stated that it is included. Ms. Ross asked for the range of loan repayments that households were making. Ms. Espino stated that they range from about $300 to $0. If a family is extremely low-income and can be assisted with Federal Home Loan Bank funds that are also used in the program, then they may owe nothing. Luisa Rodriguez-Garcia, CD coordinator, was introduced. Ms. Rodriguez-Garcia explained the eligible household income levels and how they relate to the amount of funding available to each household in the Homebuyer Assistance Program (HAP). She stated that the program attempted to help households purchase houses that are in good shape and don't need a lot of work. She added that Gordon Meredith completes an inspection on each unit. Homebuyers are required to take a class and must contribute at least 1.125% of the sales price to help purchase the unit. Ms. Rodriguez-Garcia stated that staff reviews their income information very carefully to ensure that they need the assistance. If the household has assets of more than $5,000 then they are not eligible. The program is designed to help households with no other options. LaNelle Winn asked if the homeowner has to carry insurance. Ms. Rodriguez-Garcia responded that they are required to obtain a mortgage loan and must have insurance with that loan. Charlye Heggins asked if the education is a one-time thing or ongoing. Ms. Rodriguez-Garcia stated that currently it is a one-time thing but that staff is talking with Consumer Credit Counseling Services about post-purchase counseling. Ms. Ross commented that homeowner maintenance tips and other helpful information are usually included in the newsletter that goes out to recent program participants. It was noted that CD staff also helps participants to obtain their homestead exemption from the Denton Central Appraisal District. Peggy Fox asked if the homebuyer classes were at one time held at the MLK Center. Ms. Rodriguez-Garcia responded that this was the case a few years ago when staff was doing most of the class. Now Consumer Credit Counseling Services and various lenders have classes or one-on-one sessions available to clients. Ms. Rodriguez-Garcia reviewed the funding application. Mr. Dickenson asked why the last two years was so dramatically different from previous years referring to the drop in funding requested. Ms. Rodriguez-Garcia stated that is was primarily the housing market and poor economy that have caused homes to move slowly over the past couple of years. She added that lenders have come up with some loans that appear more attractive than the City's program. Page 42 Some changes have been made to HAP to make it work under the current economy. Mr. Touraine asked what type of homes could be purchased. Ms. Rodriguez-Garcia stated that the program doesn't assist with manufactured or mobile home units. Mr. Touraine thought that staff should consider allowing the purchase of manufactured homes. Ms. Rodriguez-Garcia stated that she would look into that possibility. Ms. Winn asked how staff educates prospective buyers about variable escrow costs. Ms. Rodriguez-Garcia stated that they are told the purpose of the escrow but told it would likely not remain the same as taxes and insurance costs increase. Gordon Meredith gave a presentation on the Minor Repair Program. He stated that the program guidelines had been revised to allow for a maximum lifetime (unit lifetime) limit of three minor repairs or $12,000 whichever came first. Mobile homes will be allowed three repairs or a limit of $6,000. He stated that staff is trying to direct households into the Home Improvement Program for a rehab or a reconstruct if their unit is in poor condition and constantly in need of minor repairs. Another change entailed rationing the funds over the entire year by capping the amounts expended in each quarter. Ms Ross stated that staff realized they were continuing to funnel more and more funding left over from other projects into the Minor Repair Program because they have had so many requests. But, staff also realized that this does not really solve the problem and it would be more appropriate to spend more funds on major rehab or reconstruction. Mr. Meredith stated that a third change was that no more funding from the lead program would be able to be used for minor repairs. The ALERT- Area Lead Education, Reduction and Training program is ending. Ms. Winn asked if the program paid the deductible on the homeowner's insurance for repairs. Mr. Meredith stated that staff looks very closely at what insurance will cover and will often pay the difference for needed repairs. He added that many of the needed repairs are not covered by insurance. Ms. Ross stated that unlike the home improvement and homebuyer programs, households participating in the minor repair program aren't required to have insurance. Members discussed the next meeting and agreed to meet at 12:30 pm on Monday, February 7~h. Members requested that staff attempt to get the Wells Fargo Bank boardroom for the next meeting. The meeting was adjourned. Page 43 Official Minutes Community Development Advisory Committee February 7, 2005 Well Fargo Bank Board Room - 2nd Floor Members Present: Ron Aldridge, Cassandra Berry, Hank Dickenson, Peggy Fox, Charlye Heggins, Maureen Jamail, Edward Touraine, and La Nelle Winn Members Absem with Notification: Sandra Benavides Staff Present: Barbara Ross, Luisa Rodriguez-Garcia Eddie Touraine called the meeting to order. Members reviewed the minutes from 11/4/04 and 1/31/05 and suggested revisions. Barbara Ross imroduced Frank Payne and Rebecca Guthrie from the City of DeNon Engineering Departmem. Ms. Guthrie reviewed each of the project submitted by the Engineering Department. She explained the "overall condition index" or ecl and stated that an index of 45 or lower meant that the street was in very poor condition and needed immediate attention. · Mulberry Street Repave - The street needs a new thickness of 7 inches. It falls under the 45 poim ecl. Seven households would be assisted through this project. · Anderson Street Repave - This project was omitted from the "Blue Ribbon" bond package and is also below the 45 ecl. Fifteen households would be assisted by this project. · Wood Street Repave - The project would extend from Sycamore to Hickory. This project would benefit 28 households. Curb and gutter would be installed. It is also below the ecl. · Cook Street Waterline - The waterline has had over three breaks in the past year. The project would benefit 27 households. · Cook Street Repave - The project would benefit 11 households. The eCl is not less than 45. It is 51 but the street is in very poor condition. · Smith Street Repave - Improvements would extend from Dallas Drive to Johnson Street. The project would benefit 66 households. The project would include drainage improvemems and curb and gutter. · Schmitz Avenue Repave - It was noted that 82 households would benefit. The project would extend from Bell Avenue to Mingo Road. The eCl is 55, 10 points above the 45 point level. Eagle Drive Sidewalks - This project would email the installation of 2100 feet of sidewalks on the south side of Eagle Drive from Avenue C to Bernard. A citizen that attended one of the public hearings made the request for this project. Frank Payne noted that Mr. Andreson who made the original request was present. Rebecca Guthrie then provided some information on the current status of various projects that had previously been funded through CDBG. Page 44 Cassandra Berry asked if any of the proposed projects had to be coordinated with TXDOT. Ms. Guthrie stated that they were all City streets and it would not be necessary. Hank Dickenson asked if when a project was close to the OCt but not below it, would it save money to do the project immediately. Mr. Payne indicated that certainly the cost of doing business would probably go up but that the extent of the project would not necessarily change with time. Mr. Payne noted that the first two projects were included in the Blue Ribbon bond package but were taken out. Mr. Dickenson noted that more households were being assisted at the end of the list even though that was considered a lower priority. Mr. Payne indicated that committee members could look at that rather than the OCt. He stated that staff was looking at the cost as well as the severity of the degradation. He commented that the Engineering staff is aware that there are not enough CDBG funds to do high cost projects. These projects give some cost options as well. Peggy Fox asked if there was any other funding to pay the professional fees as there has been in the past. Mr. Payne stated that in the past, utilities was willing to pay for some of the project delivery costs. He stated that they were no longer able to do that. LaNell Winn asked if the projects were coordinated with utilities and other departments to make sure that recently repaved streets weren't torn up for other projects. Ms. Guthrie stated that they do coordinate and asked the Water/Wastewater Department to move up a waterline project on Duncan so that Engineering could then repave the street. Maureen Jamail stated that she was on the Blue Ribbon Committee. They looked at the highest priority projects and started there. They based their decisions on the recommendations of City staff. Ms. Jamail asked if there were any other funds for this type of projects. Mr. Payne and Ms. Ross said no other funds were available. Mr. Payne did note however, that there might be some Denton County Transportation Authority funding for sidewalks. Jane Provo, executive director of the DeNon Affordable Housing Corporation (DAHC) gave a presemation on the organization's Affordable Housing Opportunity Program (AHOP). She began with a PowerPoint presentation that provided some information on the agency. At least one-third of DAHC's governing board is low-income as required by the HOME program regulations for Community Housing Development Corporations. Ms. Provo stated that DAHC tries to stay in their mission of providing housing though they often get drawn into situations where the families they serve also need other services to maintain their housing. The populations they primarily serve include 1 st-time homebuyers, disabled, elderly, households in substandard housing and homeless women with children. Sources of funding for DAHC's programs include Wells Fargo Bank, City of DeNon, DeNon County Housing Finance Corporation, TX Departmem of Housing & Community Affairs (TDHCA), State Housing Trust Fund, US Dept. of HUD and the Federal Home Loan Bank. Administrative costs are paid from the small profit realized from the AHOP, managemem fees and some funding available with TDHCA grants. DAHC does do some new construction and is about to start construction on their first small single-family developmem. Ms. Provo provided a list of the cities in which DAHC has been active. She noted that they are moving away from The Colony and Little Elm. They are constructing some affordable housing which should meet their immediate needs. The average purchase price on an AHOP unit is $56,562. The average sales price in DeNon is $78,400, however, the last ten units have had an average sales price of more than $91,000. Ms. Provo showed the CDAC some before and after photographs of units they had purchased and renovated. She described the type of work that is usually completed on these projects and noted Page 45 that there is a one-year warranty for the buyer. Ms. Provo explained how the program works, who qualifies and what type of assistance households are eligible for. Ms. Heggins asked why the funding spent in Flower Mound is so low. Ms. Provo indicated that the cost of producing housing is so expensive in Flower Mound that they usually cannot make those units affordable. She noted that proceeds from the sale of each unit (program proceeds) are used to complete additional units. Don Louis and Peggy Heinkel-Wolfe presented the request for funding from the Owsley Community School (OCS). Dr. Louis introduced a UNT student who was in attendance. Dr. Louis passed around an architect's rendition of the new building, as it will look when placed on the lot with parking and landscaping. He stated that the Owsley Community School had taken an opportunity to acquire a new building from the Flowers Bakery. They were deviating from the original plan but this is a much larger facility. He stated that the City would have three offices in the facility- two for the police and one for code enforcement. Dr. Louis explained that they will also participate in the Library's technology grant and as a result, approximately six computers with Internet service would be available at the OCS. He explained that the City has requested a more formal agreement with OCS and this has caused some delays. Dr. Louis stated that they now have a grading permit and will soon start work on the site. The current request is to repave the parking lot and install sidewalks around the new facility to comply with local codes. Mr. Touraine asked about the location of the sidewalks. Dr. Louis responded that they would be on all three sides and that the existing sidewalks on Bonnie Brae were not sufficient to meet codes and would need to be expanded. Mr. Touraine asked how long the building would be open during the day. Ms. Heinkel-Wolfe noted that activities and classes are in the afternoon and evening. They will usually open the building about 11:00 am and it will stay open until about 7:00 pm. Dr. Louis stated that the code enforcement officer would likely be there at 8:00 am. Ms. Fox asked if they served many middle school youth. Dr. Louis and Ms. Heinkel-Wolf responded that it is mostly elementary school children that participate. They try to help them make good choices so that they can do better in middle school. Mr. Touraine asked the committee members to consider approval of the minutes from 11/4/04 and 1/31/05. Peggy Fox made a motion to approve the minutes as corrected. Charlye Heggins seconded the motion. The minutes of 11/4/04 and 1/31/05 were approved. Members discussed rescheduling the final two meetings that had been scheduled since November. Due to her current class schedule, Sandra Benavides could not attend these meetings. Members were not able to find other dates and times when everyone was available. Ms. Ross suggested that if they could not re-schedule that she would ask Ms. Benavides to send in her rankings and any comments regarding the proposed projects and programs. The committee could then consider her remarks and choices as they developed the council recommendations. The members agreed. The meeting was adjourned. Page 46 Official Minutes Community Development Advisory Committee February 14, 2005 Well Fargo Bank Board Room - 2nd Floor Members Presem: Ron Aldridge, Hank Dickenson, Peggy Fox, Charlye Heggins, Maureen Jamail, Edward Touraine, and LaNelle Winn Members Absem with Notification: Sandra Benavides, Cassandra Berry Staff Present: Barbara Ross Eddie Touraine called the meeting to order. Barbara Ross reviewed some corrections to the minutes. Charlye Heggins moved that the minutes be approved. Hank Dickenson seconded the motion. The minutes were approved as corrected. Ms. Ross imroduced Angela Bills and Neal Brand from Habitat for Humanity of DeNon County. Ms. Bills described Habitat for Humanity's mission. She noted that participating families were required to do some "sweat equity" on their project or for another family to participate in the program. Ms. Bills stated that Habitat uses the funds from repayment of the mortgage loans for additional projects. Habitat for Humanity is requesting $75,000 to be used to purchase about eight lots, perhaps nine if they can find lots at a good price. Mr. Touraine asked if Habitat had ever repossessed a home. Ms. Bills stated that they had. She noted that Habitat's agreements with homebuyers have a "first right of refusal" clause for a ten- year period. Within that ten-year period, if the homebuyer wants to sell or cannot make the payments, Habitat has the right to buy the unit for the original sales price. Mr. Touraine asked how many units had been built in the city of Demon. Ms. Bills and Dr. Brand responded that 48 units have been built in DeNon and eight in Lewisville. Maureen Jamail asked if Habitat served the entire County. Ms. Bills stated that they did and would soon be building some units in Sanger. They also have comacts in Pilot Poim looking for properties. Mr. Touraine asked where the units in Denton were located. Were they in the same area or scattered? Dr. Brand explained that most were in Southeast Denton but several were also in the area north of McKinney. Hank Dickenson asked if the "four persons per household" as the average number of residems in each unit is correct. Ms. Bills explained that this was correct according to the size of the families currently on their waiting list. Ms. Ross asked if Habitat had ever discussed the idea that they might need to ensure that very low-income families were not concemrated in only a few neighborhoods and what they might do to build homes outside of existing low-income areas. Ms. Bills and Dr. Brand explained that the lot prices had to be reasonable and that there had been small developments in some communities Page 47 that were well-maintained. Residents in these areas feel they have a good neighborhood and enjoy a good quality of life. They noted a model program in Dallas where the City, and KB Homes participated with Habitat on the development. Ms. Bills explained that the SHOP funds Habitat uses for projects are Federal funds allocated to Habitat for Humanity International. The umbrella organization allocates those funds to local Habitat organizations. Mr. Touraine asked for clarification that the situation with communities like Lewisville is that the units that Habitat would normally build would not meet local codes. Dr. Brand confirmed that Habitat builds simple houses with no garages and that brick is not used. This would not meet code in some Denton County communities. LaNelle Winn asked if the families had taken care of the houses that Habitat had to repossess. Dr. Brand responded that one was in good shape but the other was not. Committee members approved a resolution supporting the CDBG program. The resolution will be sent to Congressman Burgess, Senator Hutchison and Senator Cornyn. Gary Woodard, Baltazar Mesta, Monsignor Charles King and Bill Giese presented the application from Immaculate Conception Church for funding of their Community Outreach Center. Mr. Woodard stated that the Center would provide food and clothing and other services for families in need. The Center started in 1992 as the St. Vincent de Paul House. They have eleven years of experience providing these services. Mr. Woodard stated that they would need a total of $134,000 and that the parish would provide the land. Mr. Mesta would provide management of the construction process free of charge to Immaculate Conception. They will also have volunteer labor and donations from contractors. Ms. Ross asked if they understood the labor standards and wage requirements that she explained to Ms. Garcia at application training. Mr. Mesta and Mr. Woodard stated that they understood the Federal requirements and were prepared to meet these requirements on the project. Ms. Winn asked if the project required bids from minorities. Ms. Mesta and Mr. Woodard stated that they would have minority participation on the project. Ms. Ross indicated that the Federal requirement that bids and/or quotes be obtained is an attempt to ensure that women and minority-owned businesses have an opportunity to participate. Mr. Touraine asked if the location would be a hindrance to families trying to get services. Mr. Woodard responded that the word would get out and that though the site isn't as centrally located as the previous site, it is more accessible. Mr. Dickenson asked for clarification that the food provided was just groceries, not hot meals. Mr. Woodard noted that some of the food comes from the US Department of Agriculture so they must adhere to their rules. Mr. Woodard stated that they would not provide hot meals and that they charge a small amount for the clothing. Ms. Ross asked if they had considered joining with other organizations that provide the same Page 48 service and expanding those operations rather than spending funds to build a new structure. Mr. Woodard indicated that there was a need for several food and clothing outlets. Many were open only on certain days and could only give groceries once a month in some instances. Peggy Fox asked if they coordinated with these other providers to ensure that people weren't obtaining more assistance than they needed. Bill Giese stated that they used to work with HelpNET to coordinate. He stated that there probably is some of that going on but they are unsure how to control it entirely. Mr. Giese added that he had talked to others about working together on this issue. Ron Aldridge stated that getting assistance from more than one agency is sometimes a necessity due to the limitations on assistance such as the different days that the agencies are open and the fact that some organizations only allow assistance once per month. Mr. Touraine asked if the Outreach Center would go back to the USDA for food. Mr. Woodard indicated that they probably would but would also have some non-USDA food sources to give out on an emergency basis (more than once per month). Ms. Heggins asked if this activity would be eligible for the faith-based funding. Ms. Ross explained that no additional funding was actually available under the Administration's "faith- based initiative." Communities were encouraged to support these types of organizations with the Federal funds they were already receiving. Presenters and members discussed how income information was obtained from clients. It was noted that income is not verified. Ms. Ross stated that self-certification is an approved method of income verification for CDBG. The presenters discussed other services that might be provided from the Center including tutoring, income tax help, and prescription assistance. Ms. Winn asked about ESL classes and Monsignor King stated that the school district provides these classes. Ms. Jamail asked if the location of the Outreach Center was far enough away from the school that it wouldn't be a concern that adults were coming in for services. Mr. Woodard explained that it was farther from the school than the site downtown was. There is a frame fence around the playground and that is the closest part of the school to the Center site. Ms. Ross gave a quick review of the strategies in the 2005-2009 Consolidated Plan. She asked members to read through the strategies and contact her with any questions. The committee would be asked to recommend Council approval of the strategies related to housing, public improvements, economic development and anti-poverty. The meeting was adjourned. Page 49 Official Minutes Community Development Advisory Committee February 21, 2005 Economic Development Conference Room Members Present: Members Absent: Staff Present: Ron Aldridge, Cassandra Berry, Hank Dickenson, Peggy Fox, Charlye Heggins, Maureen Jamail, Edward Touraine, and LaNelle Winn Sandra Benavides Barbara Ross Eddie Touraine called the meeting to order. Committee members reviewed the minutes from February 14, 2005. The minutes were approved as written. Ms. Ross provided members with the results of their project rankings. Mr. Touraine asked if members wanted to allocate the HOME funds first. It was noted that the Denton Affordable Housing Corporation (DAHC) would need to receive at least 15% ($87,000) of the HOME funds as Denton's only certified CHDO or those funds would go back to HUD. Members agreed to initially include $87,000 for DAHC's Affordable Housing Opportunity Program. Members then decided to start with the projects that received the highest rankings and discuss funding of those first. Barbara Ross indicated that she would set the funding for each project up either under HOME, if the project/program was eligible, or CDBG. The committee could then make changes later if they had concerns. Below 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. is a list of each project with the committee ranking score: Home Improvement Program Demolition of Substandard Buildings 4.00 Homebuyer Assistance Program 4.00 Minor Repair Program 3.78 Cook Street Waterline Replacement 3.33 Eagle Drive Sidewalks 3.33 Habitat for Humanity Land Acquisition 3.22 Cook Street Repave 3.11 Schmitz Street Repave 3.11 DAHC Affordable Housing Opportunity Prog 3.11 Anderson Street Repave 3.00 Wood Street Repave 3.00 Smith Street Repave 3.00 Immaculate Conception Outreach Center 2.78 Mulberry Avenue Repave 2.67 Owsley Center Sidewalks & Parking Lot 2.33 4.33 Page 50 Committee members agreed to fund the Home Improvement, Demolition, Homebuyer Assistance and Minor Repair programs at the amounts requested. Ms. Ross split the Home Improvement Program funding between HOME and CDBG with most coming from the HOME program. All other activities were funded from CDBG. Members supported funding of the Cook Street Waterline Replacement. It was noted that since the street would likely be damaged during the installation of the waterline that the Cook Street Repaving project should also be funded. Both projects were funded under CDBG. Mr. Touraine stated that it was his understanding that Denton County Transportation Authority funding might be available to fund the Eagle Drive Sidewalk project. Ms. Ross indicated that she was unsure whether it would be available. She stated that if the committee wished to fund the sidewalks that perhaps the DCTA funding could be used for other sidewalks. Some members were still concerned that the project might not receive DCTA funding. Members agreed to include funding for the project in the CDBG recommendation. Habitat for Humanity's land acquisition request was reviewed. Members discussed that the acquisition of eight to ten lots appeared to be a significant increase in the number of homes that Habitat has built in the last couple of years. It was noted that the organization is currently without a director and that projects may move more slowly as a result. Members agreed to fund Habitat's land acquisition at $48,000 to allow for purchase of approximately six lots over the coming year. Additional HOME funds were allocated to the Denton Affordable Housing Corporation's AHOP program increasing their funding to $105,015. The balance left to allocate was $51,388 in CDBG funds. Members agreed that the Anderson Street Repave project served the most households. Though they did not have the amount requested by the Engineering Department ($90,415) they decided to ask Engineering to do some portion of the project with the available funding. Ms. Ross noted that if they had any residual funding on other capital improvement projects, they could add that to the Anderson Repave project. Ron Aldridge made a motion to accept the recommendations. Charlye Heggins seconded the motion. Members voted to approve the attached recommendations. Mr. Touraine asked committee members if they wished to recommend that Council approve the housing, infrastructure and economic development strategies described in the 2005-2009 Consolidated Plan for Housing and Community Development. Hank Dickenson moved that the committee recommend adoption of the strategies. Maureen Jamail seconded the motion. The members voted to approve a recommendation to City Council that these strategies be adopted. Ms. Ross stated that she would inform members when Mr. Touraine was scheduled to present their recommendations to City Council. The meeting was adjourned. Page 51 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING August 26, 2004 Members Present: Carol Bounds, Chuck McLain, James McDade, Jan Hillman, Mary Tisher, and Sonja Ball Members Absent with Notification: Betty Tomboulian, Mae Nell Benford, Jodi Vicars-Nance, and Teri Rheault Members Absent without Notification: Lilia Bynum Staff'Present: Wendy Nails, Human Services Coordinator; Barbara Ross, Community Development Administrator. The meeting was called to order at 6:40. Wendy Nails asked members to update their contact information and submit it to the Community Development Division. Wendy Nalls introduced the new members, Charles McLain, Jan Hillman and Mary Tisher. She also introduced the other members that were present, Sonja Ball, James McDade and Carol Bounds. Ms. Nalls explained the Council decision to decrease the general fund human services budget by $99,300. She stated that staff'requested HSAC be allowed to review and possibly revise their previous recommendations. Ms. Nalls reviewed the funding amounts available and the committee's original recommendations. Carol Bounds asked if Council members were going to use their contingency funds to replace some of these funds. Ms. Nalls explained how Council contingency funds could be added to an agency contract and the agency could be given additional time to expend the funds. Ms. Ross commented that she did not feel that the City Council members had significant contingency left during for the 2003-'04 fiscal year. Ms. Hillman suggested beginning with a flat 22% across the board and then adjust in some areas. Ms. Nalls showed the members a revised Human Services Budget with a flat 22% across the board decrease from the original HSAC recommendations. Mr. McDade suggested the City's PARD programs be cut more than the 22%. Ms. Nalls explained the After School Action Site program administered by the City is an overflow program for students who are not served by the school district program. Ms Bounds asked what cutting those programs in half would do for the budget. Ms. Nalls calculated the reduction. Mr. McDade noted Singing Oaks' Church of Christ program was a first time program and that this funding could be cut. Ms Ball agreed they should look at the budget with funding to Singing Oaks Church of Christ eliminated. Members discussed the recommendations sent from members who were not able to attend the meeting. Mr. McDade suggested that each of the three daycares receive an additional $6,000 above their Page 53 22% across the board reduction amount. Ms. Hillman suggested funding be put back imo CASA and the Children's Advocacy Cemer. Ms. Tisher asked if the court appoints the advocates. Ms. Nalls stated that CASA assists with the court appointed advocate process. Ms. Bounds was unsure whether the Denton County Children's Advocacy Cemer needed the funding as much as some other agencies might. Members suggested that they bring CASA back to where they were in last year's budget. Ms. Tisher stated that she felt the volumeer's at RSVP should be monitored and that is what the requested funding is for. Ms. Bounds noted that their proposed allocation is over what it was last year. Ms. Bounds asked about Family Health Care. Ms. Ross reminded the committee that Family Health Care had to quit providing services last year due to lack of funding. Ms. Nalls noted they had some additional funding sources this year and would probably not run out of funds. Mr. McDade commemed he would like to see some additional funding be given to Sickle Cell. Ms. Nalls commented that they had lost their location at the Phoenix Apartments. Members discussed whether the agencies requests are published. Staff indicated that they were considered public information but were not published. Members agreed to put $1,500 back imo the Sickle Cell budget. Ms. Bounds asked that Family Health Care get some of their funding back. Mr. McDade suggested that they receive an additional $2,600. Ms. Hillman asked about the SIERRA program. She asked if they would be OK with that level of funding. Members agreed to leave SIERRA at the revised level of funding. Members discussed the AIDS Services nutrition program and how it works. Ms. Nalls explained the program. Ms. Ball and Ms. Bounds suggested bringing the Salvation Army back up to $15,000. Members agreed. Ms. Nalls commented that AIDS Services took out a loan and cut staff. Friends of the Family, CASA and Fred Moore are also agencies that have had recent financial problems. Friends of the Family recently lost eight employees. Ms. Nalls noted that the Salvation Army and FOF did not receive ESG funds that had previously funded a position. Denton County MHMR also received a cut in funding. Ms. Hillman suggested that the $1,600 be split between Friends of the Family and AIDS Services. Ms. Tisher indicated that FOF seems to have a lot of funding support. Ms. Ball suggested that $1,600 is really not that much if you've had to cut eight employees. Members agreed to give Friends of the Family $1,600. Ms. Bounds asked how to fight the budget cut. She asked how they could get others to speak out against the cut. Ms. Nalls stated that she had heard from some agencies and they might attend the public hearing. Ms. Bounds discussed that people in need will require more police intervention if they do not receive human services. Ms. Ball discussed the cycle that happens when human services get cut and then you have problems that require police attention. Ms. Bounds did not understand why DeNon was being compared to Plano. Mr. McDade asked if they could recommend that no cuts be made. Ms. Ross indicated that the HSAC had the ability Page 54 to determine its own recommendations to Council. Ms. Tisher said that the Council depends on the decisions made by this committee. Ms. Ross commented that Council generally has agreed with the HSAC's recommendations and that they have depended on the committee. Ms. Bounds stated that she would rather be the "city with a heart." Ms. Bounds moved and Ms. Hillman seconded that the recommendations be approved. Members agreed that Mr. McDade would speak before the Council. Mr. McDade and Ms. Ball will develop a presentation and staff will assist and send it to members for their review and comments. Members discussed the next meeting to be held in October to review the applications, scoring sheets, etc. Ms. Nalls stated that she would mail out a meeting availability questionnaire to check on a date for an October meeting. Members continued to discuss the content of the presentation. The ideas mentioned were: · Our City doesn't need to do what other communities do. We are unique. · The cycle that will not be stopped without assistance to these agencies. · There will be more mentally ill persons without services. · Most people don't know what these programs are about and we need to get out the word - perhaps a television series on what these organizations do. The meeting was adjourned. Page 55 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING November 16, 2004 Members Presem: James McDade, Jodi Vicars-Nance, Betty Tomboulian, Mary Tisher, Jan Hillman, Sonja Ball, and Charles McLain Members Absent with Notification: Carol Bounds, Lilia Bynum, and Teri Rheault Members Absent without Notification: Mae Nell Benford Staff Presem: Wendy Nails, Human Services Coordinator Wendy Nails, Human Services Coordinator, called for committee nominations for Chair and Vice-Chair. James McDade was elected Chairperson and Betty Tomboulian was chairperson. Ms. Nails provided the Human Services Advisory Committee (HSAC) with a brief update on the developmem of the City of DeNon 2006-2011 Consolidated Plan for Housing and Community Developmem including a community needs assessmem. The HSAC requested copies of the final consolidated plan submitted by the Community Developmem Division to City Council for approval. The City of DeNon Human Services Advisory Committee agreed to requests proposals for programs to address areas idemified as 2005-2006 Human Services Funding Target areas including: · Emergency Shelter · Basic and Emergency Needs · Transportation · Health Care · Child Care · Youth Programs · Services for Senior Citizens · Homelessness Prevention · Transitional Housing and Shelter · Mental Health Services · Services for the Disabled · Relationship Violence/Sexual Assault Services and Prevemion · Child/Elderly Abuse and Neglect Services and Prevemion · The HSAC decided to review and consider proposals to address significam human service needs other than the listed target areas; however, the 2005 Funding target areas will be considered funding priorities. To assist in the review of agency performance, the HSAC requested a list of how agency Page 56 expended human services funding including comingency funds and comract extensions. The Committee also requested a contact list for the HSAC be given to all members of the committee. Members discussed potential meeting dates and times and scheduled the next committee meeting for February 7, 2005 at 6:30 PM in the Economic Development Conference room on the fifth floor of the Wells-Fargo bank building at 101 South Locust. In case of schedule conflicts the alternative meeting date is on February 8, 2005 at the same time and location. The HSAC will set dates for the spring meetings at their next meeting. The HSAC was invited to attend public hearings for the 2005 action plan on how to expend Community Developmem Block Gram funds. The public hearings will take place at 6:30 at the MLK Jr. Recreation cemer in English on December 6, 2004 and in Spanish on December 13, 2004. Also the committee was invited to attend the next Denton County Homeless Coalition meeting on January 19, 2005 at 2:00 PM in Lewisville at the Christian Community Action building on Mill Street. The meeting was adjourned. Page 57 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 7, 2005 Members Present: Mary Tisher, Lilia Bynum, James McDade, Jodi Vicars-Nance, Teri Rheault, Betty Tomboulian, Jan Hillman and Charles McLain Members Absem with Notification: Sonja Ball Members Absem without Notification: Mae Nell Benford and Carol Bounds Staff Presem: Wendy Nalls, Human Services Coordinator Guest Present: Barbara Atkins Wendy Nails, human services coordinator, gave a brief update on the DeNon County Homeless Managemem Information (HMIS), Community Needs Assessmem, Human Services Strategy and Human Services Agency Performance and Funding. Sally Sollars was hired as a part -time program manger for the HMIS. The City of Denton and the Denton County United Way are in the process of compiling a report on the findings of the community needs assessmem. Ms. Nalls presented a draft copy of the Human Services Strategy section of the 2006- 2011 Consolidated Plan. The committee will review the information and vote on a Human Services Strategy at the next Human Services Advisory Committee Meeting. Each committee member was given a chart indicating agencies with remaining funds, extended contracts, and the date of the last request for paymem of 2003-2004 Program year funds. The minutes were approved as presented. Ms. Nails informed the committee that two applications were turned in after the deadline. The committee discussed how to decide if late applications would be accepted. The committee asks staff to report what agencies submitted late applications, at what time the applications where submitted, and any information regarding why the applications where late. Ms. Nalls reported that Fred Moore Day Nursery School was five to ten minutes late due to the director being in a classroom and the Fairhaven Retirement Home application was about forty-five minutes late and the agency called to state it would be late due to copier problems. Both agencies had completed the applications in advance and submitted them to Ms. Nalls for technical review the week before the application submission deadline. The committee discussed the late applications submitted last year and the decision not to accept last year's late applications. After discussion the committee voted not to accept any late applications. Committee members decided to vote on the procedure for accepting late applications at the first meeting of each year and instructed staff to relay the committee's decision to agencies when the applications are released. The committee decided upon three agency hearing dates and one meeting to format funding recommendations. The agency hearings are to be ten minutes long with a short break between each hearing. The meeting was adjourned. Page 5 8 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 15, 2005 Members Presem: Sonja Ball, Lilia Bynum, James McDade, Jodi Vicars-Nance, Teri Rheault, Betty Tomboulian, Jan Hillman and Carol Bounds Members Absem without Notification: Mary Tisher, Mae Nell Benford and Charles McLain Staff Presem: Wendy Nails, Human Services Coordinator Betty Tomboulian, Human Services Advisory Committee (HSAC) Co-Chair, began the meeting at 6:00PM. At this time, agency hearings for 2005-2006 applications began and proceeded with each agency providing a short three-minute presentation on its program and services followed by a seven-minute question and answer period. Family Health Care Patrice Capan described the program provided by Family Health Care. Ms. Capan stated that they had recemly ended their comract with a physician and added staff to work more closely with their patients. The new staff is working out very well. Dr. DeCarlo Noble is also providing some services to at-risk patients. Teri Rheault asked about the audit report concerns regarding checks and balances for the financial functions. Ms. Capan responded that they have only a few employees available to work in the financial area but believe they have solved this issue. Carol Bounds asked where the clinic was located. Ms. Capan said the clinic was now located at 525 South Loop 288, Suite A. Ms. Rheault asked how the agency would use the requested funds. Ms. Capan stated the funds would be used for prenatal care. Ms. Capan noted that DeNon Regional Medical Cemer has been very helpful and has provided them with used furniture for the office. However, it was noted that Denton Community Hospital, when approached by Family Health Care, did not provide any assistance to the agency. Lilia Bynum asked if officials from DeNon Community Hospital explained why they would not be able to assist the clinic. Ms. Capan said that they're response was that they weren't into running clinics. Ms. Rheault asked why Family Health Care didn't have more diversity on their board. Ms. Capan stated that they keep trying but people are hesitant to participate. Members discussed that the change in physician has not seemed to adversely affect the number of people served by Family Health Care. People's Clinic Tim King explained how the clinic received a large grant from the State. He noted that 95% of the patiems pay less than $40 for services. Many pay only a few dollars. The People's Clinic is trying to create a health center in what has been designated as a medically underserved area. Page 59 They wan to have all services available in one location. Mr. King noted that one of the major barriers was getting medications to patients. They use mail delivery programs for many prescribed medications. He stated that hiring a social worker would help them determine if patieNs should be in Medicaid, CHIPS or other programs. The social worker could help get the patients signed up for the appropriate programs. In the area of specialty care, they are working with local physicians to provide more care. Mr. King introduced Dr. Kessler who works with the Clinic, Jackie Jackson, a board member and Stan Morton CEO of DeNon Community Hospital. Betty Tomboulian asked how many of their patients were from Denton. Mr. King indicated that almost all of them were from Denton. Wendy Nalls asked how much support the local hospitals could give them for specialty care? Mr. King responded that they need physicians who would help with discouNed services under the medically underserved programs. Interfaith Ministries Condell Garden, executive director of Interfaith Ministries stated that they are requesting funds from the City to provide utility assistance to low-income families. Ms. Garden stated that City of DeNon utility officials reported said that 13,000 customers had their utilities turned off due to non-payment. Interfaith helps those who are more than 30 days delinquent in their payments and gives priority to those who have children, elderly, etc in their homes. Ms. Garden explained that utility assistance helps to keep people in their homes. She added that 100% of City's funding goes to City of DeNon resideNs. Ms. Rheault asked about a monitoring report that indicated INerfaith needed to do a better job of tracking both race and ethnicity. Ms, Garden said they are now collecting the race and ethnicity information in the proper way. Ms. Nalls asked how much assistance they received from Plus One and how much is expected next year. Ms. Garden explained how much they were expecting to receive from Plus One. Ms. Garden stated that they are also trying to get TXU energy aid for DeNon resideNs. Jan Hillman asked how many households are assisted by the agency. Ms. Garden replied that they assist about 13,000 but that is not very many when you look at the need. Members discussed why only a few people give to Plus One. Ms. Garden stated that INerfaith helps families with a variety of services and they do cooperate with all the local agencies. Community Food Center Ed Ellis and Dorothy Van Dyck from the Community Food CeNer provided some information about their services. Mr. Ellis stated that the Community Food Center has been around since 1974 and yet some people don't know about them because they are so small. He stated that they are requesting funds to pay the utility bills for the Food Room so they can use their other resources to assist households with groceries. Mr. Ellis noted that they have many wonderful volunteers that help. Ms. Rheault stated that their accounting report said there was no liability insurance. She asked if they curreNly had liability insurance. Mr. Ellis stated that they have insurance for the board and also premise liability insurance. Ms. Van Dyck stated that they now have one Hispanic and one Black on the board. Ms. Ross asked about expanding services by working with other agencies such as Immaculate Conception. Mr. Ellis stated that they would need to change their mission in order to do other activities. Ms. Van Dyck stated that the St Vincent de Paul volunteers work at the Food Room on Fridays and that they are a great help Page 60 especially with translations. Committee Discussion Betty Tomboulian brought back the issue of late applications and whether HSAC should consider those applications for funding. Carol Bounds asked about the fact that both applications that were submitted for review prior to the application due date. It was noted that the agencies were still required to submit the final version by the due date and time and Fred Moore Child Care and Fairhaven did not. Ms. Tomboulian stated that agencies made corrections after the "review" of their application submission. Ms. Tomboulian stated that she voted against accepting the applications but now has reconsidered due to the importance of the services that those agencies provide. Ms. Tomboulian noted that the Fred Moore Day Nursery School Care Center is the only facility that provides infant care on a sliding scale in the City. Ms. Tomboulian stated that the major reason she voted against it was to be consistent with last year's process. However, she determined that it wasn't the right thing to do. Ms. Bynum added that what she is trying to look at is did the agencies attempt to follow the spirit of the rule. She felt that they did because both agencies called to say they were going to be late and gave the reason for the delay. Ms. Bynum stated that she felt the committee should look at what is best for the community as a whole. Ms. Hillman indicated that they didn't do it at the last minute based on the fact that they brought it in for review. Sonja Ball noted that it is a slippery slope if you do not follow your rules regarding submission. She added that last year the committee did not accept applications from agencies in similar situations. Ms. Bounds stated that hearts are what the committee is all about. She commented that if the committee makes this exception because our hearts says it's right someone might complain. Ms. Bounds noted that the previous year, funding was reduced for those that submitted late applications. Ms. Rheault noted that those applications were accepted as late applications and then assessed a penalty. Ms. Bounds asked James McDade what would happen if Fred Moore does not get funding. Mr. McDade indicated that he believed the agency would have to shut it doors and would no longer be able to provide childcare. He added that most of their funding comes from the United Way and the City of Denton. Mr. McDade stated that Ms. Williams did not call and explain that she would be late coming in but that when she arrived she stated that she had to help out in a classroom and that was why she was late. Ms. Ball stated that the agencies had a week as a buffer between the review and the final submission. Ms. Hillman suggested that HSAC turn in their funding recommendation to the City Council and then explain that these two were late applications and allow the City Council to take action. Other members commented that there would probably be no additional funding for Council to allocate to the two agencies. Members discussed that they would like to have the entire committee present before voting on the issue. They agreed to table the discussion to the next meeting. AIDS Services of North Texas Susan Stambaugh and Hanna Mclntyre of AIDS Services stated that they serve HIV/AIDS affected households with many services. Clients can come in and meet all of their needs with AIDS Services. She stated that they are asking for funds to support the nutrition center and Page 61 funding for unreimbursed medical expenses. The medical clinic is federally funded. Unreimbursed medical funds are used for special purposes. Jodi Vicars-Nance asked how the funding would be split between the nutrition center and unreimbursed medical expenses. Ms. Stambaugh indicated that $14,000 is requested for the nutrition center and $6,000 for unreimbursed medical expenses. She noted that they get most of the food from the Tarrant County Food Bank. Members asked if AIDS Services was getting similar support from communities in the four other counties that they serve. Ms. Stambaugh stated that they do get funds from Collin and one other county but not from all of them. Ms. Tomboulian asked if the vast majority of their funding came from Federal and State sources. Ms. Stambaugh stated that most came from Ryan White. She added that if CDBG funding were cut it would be very difficult to continue to provide services. Ms. Nalls asked about the large increase in the number of diagnosed and increase in number of persons with HIV/AIDS. Ms. Stambaugh stated that HIV/AIDS is increasing in women and young people. She stated that a new strain has just been found in New York that is not reacting to any of the currently used medications. Ms. Ross asked if the increase in youth cases could be due to lack of education on this health issue in the schools. Ms. Stambaugh replied that this did appear to be one of the reasons. She explained that AIDS is discussed in schools but information about prevention is not. The reality of the situation is never really explained to the students. Denton County Friends of the Family Toni Johnson-Simpson, the new director of DCFOF provided information on the services provided by Friends of the Family. She stated that they are the sole provider of domestic violence and sexual assault assistance for adults and children. Funds provided to DCFOF will also support the SANE team that goes out with police to talk to victims. They provide 24-hour residential services. Ms. Bounds asked how they interact with the Children's Advocacy Center. Ms. Johnson-Simpson stated that if the victim is a child, they allow the Children's Advocacy Center to take the lead. DCFOF volunteers may be there to support the parents while they're waiting. Ms. Rheault indicated that they appeared to need more diversity on their board and asked what steps they are taking to remedy that situation. Ms. Johnson-Simpson stated that she has been with the organization for only 30 days but she does plan to work on the diversity of the board so that it better reflects their service population. Page 62 Cumberland Presbyterian Children's Home Dr. Amy Pape of the Cumberland staff and Craig Thomas, board member, thanked the committee for recem funding from City for human services and CDBG funds for transitional housing units. Their request is funds for counseling in support of transitional housing clients. Dr. Pape stated that Cumberland estimates an increase in their client base. This year they developed an ethnically diverse advisory board that includes two former cliems. Ms. Rheault asked if the campus was now accessible. Dr. Pape indicated that they continue to work on this issue and that the campus is more accessible. She stated that the older housing is not accessible but new housing will be. Ms. Rheault complimented the organization regarding their efforts to develop an ethnically diverse advisory board. She asked about the Board of Directors. Craig Thomas, a new board member stated that Joy Wallace another new board member is African- American and is also from the Cumberland organization. He stated that they continue to work on this but noted that eight seats on the Board of Directors must be members of the Cumberland Presbyterian Church. HOPE Inc. Barbara Atkins, executive director, discussed information on HOPE's Transitional Housing Program for families with children. She stated that the City's funds act as a dollar for dollar match for the federal funds that they receive to implement the program. The funds requested from the City will also support HOPE's 30 to 90 day assistance program. Ms. Atkins noted that the transitional housing program had more intensive case management to help households overcome the barriers to retaining permanent housing. HOPE has developed cooperative partnerships with other agencies like Denton Affordable Housing Corp to better assist these households. Ms. Atkins discussed the HMIS funding request. She stated that the HMIS would be a computerized data collection system for Denton County. It would support a system that is required in order for various agencies in the community to obtain homeless funding. Ms. Atkins stated that it could affect about $2 million dollars in funding that is received in the Denton County area. There is no direct cliem service but the HMIS will help the agencies providing assistance in gathering data and bringing more funding imo the community. She noted that the City needed about a 20% match for the $202,000, three-year HUD graM. Sally Sollars, the new HMIS administrator, will start in her new position tomorrow. The Denton County Steering Committee will be an advisory committee to HOPE, Inc. Board of Directors to get the HMIS started. Ms. Atkins commented that there is a potential for the HMIS to eventually separate itself from HOPE. Ms. Tomboulian asked if the equipmem was already purchased. Ms, Atkins stated that Ms. Sollars will purchase the hardware. She added that the information system that is to be used would also be purchased with gram funds. Members agreed to ask the Salvation Army to attend a future meeting to discuss their request. The meeting was adjourned. OFFICIAL MINUTES Page 63 HUMAN SERVICE ADVISORY COMMITTEE MEETING February 22, 2005 Members Presem: Sonja Ball, Lilia Bynum, James McDade, Jodi Vicars-Nance, Teri Rheault, Betty Tomboulian, Jan Hillman Carol Bounds, Mary Tisher, Mae Nell Benford and Charles McLain Members Absem: None Staff Presem: Wendy Nalls, Human Services Coordinator and Barbara Ross, Community Development Administrator. James McDade, chair, called the meeting to order. He asked if there were any corrections to the minutes of February 7, 2005. The minutes were approved as written. Members reviewed the minutes from February 15, 2005. The minutes of February 15th were approved as written. Members voted to recommend acceptance of the human services strategies developed as part of the 2005-2009 Consolidated Plan to City Council. DCMHMR SIERRA Program Andreas Diosdado and Melissa Eckstein described the services offered through the SIERRA Program. The recidivism rate was discussed. Mr. Diosado stated that correctional facilities lack training regarding mental illnesses. Ms. Eckstein said that of the people they assist that more than 50% don't re-offend. Ms. Nalls asked if they have requested funds from Denton County. Ms. Eckstein said that they have not but it is on their agenda. Ms. Benford asked about the time frame in which they worked with these individuals. Ms. Eckstein stated that it was on a case-by- case basis. Retired Senior Volumeer Program Diana Corona, executive director and Pat Moore, of RSVP discussed their request for funding. They described the service organizations, hospitals, etc. that benefit from the volunteers. Carol Bounds asked about the percent of Denton volunteers that do their work in Denton. Ms. Moore and Ms. Corona said 100% of them serve DeNon. Ms. Tischer asked how the program benefits seniors. Ms. Corona indicated that volunteering supports longevity. Ms. Corona responded to a question from Ms. Nalls indicated that volunteers would be learning how to assist other agencies to build capacity. Sickle Cell Disease Association Pearl Jones, executive director, described what the association would do with the City's funding. She indicated that the organization would like to serve more people during the next grant year. She noted that cases of sickle cell disease in Denton County have increased. She noted that the data indicated that sickle cell affects everyone, not just African-Americans. Members discussed the increase in sickle cell cases in Texas. It was noted that there were five new cases in Denton County in newborns in 2004. Physicians can now increase the hemoglobin coum in adults to Page 64 combat the disease. Fairoaks Retirement Apartments Pat Stachelski discussed their request for a homemaker grant for approximately 40 seniors. They are able to keep up with some cleaning but not more difficult tasks. She noted that it would assist the seniors so that they can age in place. The funds would be used to hire a housekeeper for a two-week rotation. The members and Ms. Stachelski discussed the aides and how they assist the residents. It was noted that they do not do health care and often do very little for the seniors. Ms. Stachelski stated that many of the seniors would probably discontinue their aides if they had a housekeeper. Members expressed concern that the aides should be held accountable for the tasks that they should be performing for their elderly clients. Committee Discussion Members discussed the issue of whether to accept the late applications from Fairhaven and Fred Moore Day Nursery School. It was noted that applications from two agencies were not accepted last year because they were late. It was also noted that 32 organizations did get their applications in on time. Betty Tomboulian moved that the applications from the agencies be accepted for review. Mae Nell Benford seconded the motion. The vote was five to five. Wendy Nalls stated that the "affirmation of qualifications" stated that James McDade did not have a conflict of interest if there was no financial interest. Mr. McDade voted that the committee should review the applications. Ms. Bounds asked who was going to call the agencies that were not reviewed last year because they were late. Ms. Ross stated that they would receive a letter with the recommendations. Ms. Bounds preferred that they be given a call. Ms. Ross said she would contact them tomorrow. Ms. Bounds noted that a letter needed to go out to the Boards of Directors of the agencies that they must ensure that applications are submitted correctly and on time and that it is not only the responsibility of staff SPAN Erika Lissberger, executive director, described the senior meals program carried out by SPAN. She described a specific incident where a volunteer attempted to assist a client that later passed away and was found by a SPAN volunteer. Ms. Lissberger noted that sometimes the SPAN volunteers are the only people that these elderly residents come in contact with on a daily basis. Members discussed the waiting list for meals. The agency has always been able to get funding to help these households. Many of the meals are congregate meals. They have about 400 volunteers who help them deliver meals. Day Stay for Adults Andre Villarreal stated that Day Stay for Adults is the only day care center for adults in Denton County. He noted that they provide nursing care and other professional services for their clients. Mr. Villarreal provided information on three different situations involving seniors with special needs and illustrated how the agency could help in these situations. He stated that they average 19 clients per day. Medicaid patients come in every day. Private pay patients are paying $40 per day so they may only come a couple of days per week. Day Stay for Adults is licensed for 59 clients. However, Mr. Villarreal did not feel that they could serve 59 clients if all of them had Page 65 significant special needs. This is the first year of a five-year lease. Ms. Vicars-Nance asked about how many disabled and elderly they served. Mr. Villarreal stated it was about half and half. Ms. Rheault asked about how clients get to the facility. Again, it was about half public transportation and half private transportation. Mr. Villarreal noted that they have a grant to provide bus service from south of Lake Lewisville. Five people are from south of Lake Lewisville. They are looking at having a facility in the Lewisville area. He noted that they also serve clients from smaller communities in the county and some communities out of the county. They had a waiting list when they were located on Camelot. Mr. Villarreal described the quality activities and staff at Adult Day Stay for Adults. Riding Unlimited Ranjani Mohana, interim board president and Mary Gwinner, director, from Riding Unlimited stated that they are requesting scholarship funds to support the therapeutic riding program. They have been funded for several years prior to last year but were not funded last year. The City funds provide scholarship funds to assist with the program. Ms. Bounds noted that there are others that do this type of work and asked what the differences were between organizations. Ms. Gwinner stated that they are an accredited center. She reiterated that Riding Unlimited does not turn anyone away. Denton County Federation of Families Claudette Fette stated that they are asking for funding for a family partner position for children with special needs. They have obtained funding for an advocacy training program and have an office at MHMR. Ms. Fette stated that they had increased use of UNT and TWU students for mentoring kids. Ms. Fette discussed some upcoming events including the hiring of a new director who will be writing and attempting to implement the program statewide. She will be supervising and training the parent partner here in Denton. Ms. Fette noted that there would be some increase in DCMHMR funding. City funding will allow for provision of services to those who are outside the DCMHMR criteria. Group Discussion Members voted to approve the resolution of supporting the Community Development Block Grant program. CASA Sherrie Gideon, executive director, explained the work that CASA does with children who are victims of abuse and neglect. She noted that they just received funding from the Denton County Commissioners Court for a new position so that they can again serve children throughout the County. CPS caseworkers often ask CASA to assist on cases. CASA also received another grant from the national CASA association for a development audit to find out what else the agency can do to build capacity. There has been a 22% increase in cases this year. Members discussed the fund raising efforts of the organization. It was noted that they were saving Denton County money by assisting with these cases. Our Daily Bread George Gibson described the type of assistance that Our Daily Bread was looking for - food, transportation, lodging. He noted that they are the only organization in Denton that does not ask Page 66 any questions before providing someone with assistance. He stated that they get more walk-ins than any organization in the City. Mr. Gibson stated that they also refer people to organizations for help. They have families that will take in men and families for a short time period. He noted that the Dallas Morning News provided a grant last year. Mr. Gibson added that some people tell them that this is the only meal they have all day. They also provide any leftover food to the Food Room. Ms. Bounds noted that Our Daily Bread had never come to them for funding before. Ms. Nalls asked about whether the organization would help to gather demographic information about clients served. Mr. Gibson indicated that they would. The organization has volumeers from a variety of churches. Children's Advocacy Center for Denton County Dan Leal, executive director, discussed the services provided by the Advocacy Cemer for children who are victims of abuse. He noted that they work with several agencies including CPS, the Denton and Lewisville Police Department and others. Mr. Leal noted that they are opening a new office in the City of Denton to serve those clients. He noted that most of their clients are from Denton. The Denton satellite office is in the Hickory Street office building. Mr. Leal stated that the $12,000 request would serve the Denton clients. They continue to increase the counseling services available. The Denton office is open three days per week. He noted that it would continue to grow. Mr. Leal was unsure as to why there were more cases from Denton. He noted that there are more low-income families in Denton and that might have something to do with it. Mr. Leal stated that the Advocacy Center was recently notified that they had been awarded a $50,000 gram from the Hillcrest Foundation. The meeting was adjourned. Page 67 OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING March 1, 2005 Members Presem: Sonja Ball, Lilia Bynum, James McDade, Teri Rheault, Betty Tomboulian, Jan Hillman, Carol Bounds, Mary Tisher, Mae Nell Benford and Charles McLain Members Absem with Notification: Jodi Vicars-Nance Staff Presem: Wendy Nails, Human Services Coordinator and Barbara Ross, Community Development Administrator Mr. James McDade, Human Services Advisory Committee (HSAC) Chair, began the meeting at 6:00PM. At this time, agency hearings for 2005-2006 applications began and proceeded with each agency providing a short three-minute presentation on its program and services followed by a seven-minute question and answer period. Denton Family Resource Center Fran Moore, executive director thanked everyone for the opportunity to share about the current activities of the Denton Family Resource Center. The agency is an outcome of the 1994 Vision project learning committee. A Dallas Women's foundation gram allowed the agency to hire a bilingual staff person. In addition, there is now a dedicated Spanish language voice mailbox. A new phone will allow a new line for information and referral services. The UNT library sciences masters' student will build a database to collect information from phone calls to the information and referral line. Betty Tombulian asked for clarification regarding the use of Human Services funds for the full time position. Ms. Moore stated the agency considered full time at 30 hours a month and that all full time positions received $200 dollars a month in benefits. In the future, the agency will work to try and join the Dallas Community Council plan for not for profit health benefits. Denton Christian Preschool Judy Royal, executive director and Jane Moyna, volumeer addressed some specific issues especially the continuing need for a their program. The Denton lSD statistics indicate at least 900 three or four year olds below poverty level that are not in a early childhood education program. The DISD has 220 children on the waiting list for their early education program to teach children English as a second language. The children on the waiting list are primarily Spanish speaking. The Demon Christian Preschool program addresses all areas of a child's life including parent education, nutrition, health and dental care. Carol Bounds asked if the current waiting list had a normal amount on the waiting list. Ms. Royal indicated that this was not a normal amount because of the reduction in CCMS vouchers there is a greater need for low- income childcare. Jan Hill asked if parents are required to attend the parenting classes. Ms. Royal explained that the parents are strongly encouraged to attend the classes if they do not attend the classes in the first year they may not be accepted into the program for the second year. Page 68 The agency does offer incentives to the parents to encourage attendance. Mary Tisher asked how the children learn to speak English if Spanish is primarily spoken in the home. Ms. Royal stated the preschool has bilingual teachers to help students who speak primarily Spanish at home. They usually learn English in a year and have made marked improvement by December. Teri Rheault congratulated the preschool on the great job they have done to increase diversity on their Board of Directors. Charles McLain asked how the waiting list works. Ms. Royal explained how a committee selects the children. When an opening occurs the committee tries to fill the opening with a child similar to the child who left the program including factors like the bus route, gender, and race. The child who fits the requirements and is in the most need especially children who have had referrals from other agencies is given priority. Fred Moore Day Nursery_ School Laura Williams, executive director thanked the committee for working them into the hearing schedule. She explained that an increased amount of human services funding is requested to help pay for an increase in teacher salaries. Reid Ferring, board member, explained that the agency is at full capacity and is the only service for low-income infant care in the City of Denton. Carol Bounds asked about the proposed $500 raise to teachers when they complete their educational program. Ms. Williams explained that the increase in human services funding would not cover the cost of the raise to the teachers but would help offset increased expenses at the center. Mr. Ferring apologized for the application being late and that the Board had past a motion that should prohibit the application from being late in the future. Denton City County Day School Carolyn Berry, executive director, explained that the school had been in operation for over 40 years and they have made a lot of changes including operating an activity center in a stand-alone gymnasium. The gymnasium will allow the school to expand the number of available childcare slots during the summer to older children for a summer care program. The funding request is for teacher salaries to offer a quality staff a livable wage and benefits. To keep quality staff they have to make more money as a teacher than they would at Walmart. They do not want to raise fees because it would not work well with the mission to offer affordable sliding scale. Carol Bounds asked if they had a waiting list. Ms. Berry explained that they have 40 on the waiting list and it fluctuates throughout the year. The list goes down in the summer and in the fall when parents are at home. Betty Tomboulian asked if parents elect not to use services in summer are they out of the schools program. Ms. Berry stated that these children would have go back on the waiting list or pay for the spot while the child was not in attendance. Carol Bounds asked if the school offered healthcare benefits to the teachers. Ms. Berry explained that the school does offer teachers healthcare benefits through a program coordinated by the Dallas Community Council. First Texas Council of Camp Fire Maria Luega explained that the agency is trying to expand into Denton. They are working with DISD and three preschools. The program concentrates on different topics each week with specific fun activities that work with the children. Watching the kids interact with the staff who are TWU work-study students is remarkable. The program gives kids a jump-start on being successful in life, including developing a good self-esteem. At the preschools the students work with only four and five year olds. They come in for only part of the afternoon and do a specific program. Most of the children they work with parents cannot afford to pay for a special Page 69 programming costs like uniform and transportation. Fairhaven Glenda Wittmis and Traci Watson, executive director, presented information regarding the aging population at Fairhaven. In order for residents to maintain their independence homemaker services are needed. The homemaker comes to Fairhaven daily but her service is offered every other week to each resident due to a rotating schedule. Carol Bounds asked if it was unusually for the home to have vacancies. They explained that this was unusual but their had been a high rate of attrition due death and deteriorations in health and independem living skills. In addition some rooms remained empty to accommodate the renovation of the facility. Mary Tisher asked about the screening process used for the housekeeper. The committee was informed that the currem housekeeper had been at Fairhaven for several years. The individuals put on the list for Homemaker services chose the day and time for their room to be cleaned. Carol Bounds inquired about the limited racial diversity amoum the Fairhaven residents. Ms. Watson explained that the Retirement Home seems to attract a high number of Caucasian females and there is limited interest in the Home by males and women of other of racial and ethnic backgrounds. Mae Nell Benford inquired about the current marketing strategies. Ms. Watson explained the Home has recently undertaken a new marketing strategy including hiring The Crouch Group for marketing and are signing up on websites like "A Place for Mom" as well as designing homepage for the Fairhaven Retirement Home. Fairhaven now has a proactive approach to marketing and attracting new residents to the facility. Girl Scouts- Cross Timbers Council Michele Garcia, developmem director, provided information on the Chances Outreach Program. The program is designed to help girls learn the necessary skills to safely stay at home without adult supervision. Currently the Chances sessions last six to eight weeks. The requested funding is to extend the session to sixteen weeks. James McDade asked if the program was offered throughout DeNon. The program is available in various places in the City but it is not in every school due to the limited number of paid part-time leaders and volumeer workers. The program is also offered at some of the after school programs including the programs at the Owsley Community School and the MLK Recreation Cemer. Sonja Ball asked how often the program is offered at the sites. Ms. Garcia explained that the Chances program is scheduled for every other week. Teri Rheault asked what expenses the requested funds would cover. The funds would be used to buy materials and to cover a portion of the salary costs. Some of the materials to be purchased would be a t-shirt, Girl Scout membership fees, and other program materials. Carol Bounds asked who were the collaborating organizations for the Chances program. Ms. Garcia provided the names of the different centers that work with the program. The girls served by the Chances program are ages 5-17 and all information provided is age appropriate. Second and third grade girls are the largest group; activities include things like managing money. City of Denton ASAS Kathy Schaeffer presemed information on the ASAS program including all of the changes that have occurred in the last year. Now the ASA picks up children from twelve differem schools and transports them to a recreation center for the program. The ASAS program has twelve kids on scholarship and eleven kids on a waiting list to receive a scholarship. The program includes a sports league, tutoring, arts and crafts. Carol Bounds asked why other agencies ask for funds to Page 70 support programs to be provided at an ASAS program. Ms. Schaeffer explained how the other programs were run by independent agencies that offered the programs and services to the ASAS program participants. Some ASAS participants are referred from the school district that could not be accepted in the DISD Extended Day Program. Mae Nell Beneford asked if the ASAS could held at one Recreation center. Ms. Schaeffer did not believe the City had adequate facilities to handle that number of children and this would create problems for parents to pick up children. Committee Discussion on ASAS HSAC expressed confusion about structure of the ASAS program and concern over the apparent the lack of coordination among programs. Committee members indicated that a large number of agencies stated programs were offered at the MKL Recreation Center but they do not seem to be visible to visitors to the center. Members expressed concern over the limited types of activities offered during the ASAS program participants. City of Denton Kings Kids Day Kamp Robbie Johnson and Albert Montero, center director, explained the services offered to about 80 children in the southeast Denton neighborhood between the ages six to twelve each summer. Teri Rheault asked if requested funding was to cover all of the program costs. Ms. Johnson explained that program participant fees would cover some other program costs. Ms. Rheault asked if the Kamp had sought funding from other sources. The program staff had not sought any addition program funds beyond Human Services funding and participate fees. Staff explained that the Kamp did not apply to the Parks Foundation because summer programs were not a priority for the parks foundation to fund. Mr. Montero indicated that the Parks and Recreation Department would not provide support for the Kings Kids Day Kamp or other summer and after school programs. If other resources did not provide funding the programs would be dissolved. James McDade asked if the Kings Kids Day Kamp could combine with the Owsley Summer Playground for one program. Mr. Montero explained that a combined program was possible but not ideal since the programs operate under two different models and serve different populations and neighborhoods. Ms. Johnson and Mr. Montero indicated that they will start to try and write grants in the future to secure other sources of funding for the Kings Kids Day Kamp. Jan Hill asked if a grant writer was available to assist them to find additional funding sources. Mr. Montero stated that the PARD had been forced to cut this position in past years as a budget savings. Betty Tomboulian asked why the PARD does not build scholarships into the department budget from the City. Ms. Tomboulian stated that she did not feel the PARD had ownership over the afterschool and summer programs. The committee stated they would like to provide funding in a manner that would give "the best bang for buck" in order to accomplish this PARD needed to coordination between the programs especially for purchasing items like craft supplies. In addition, the committee stated they were concerned about the lack of coordination between the programs operated by the PARD. Mr. Montero indicated that PARD staff was open we suggestions but did coordinate some services. City of Denton- Owslev Summer Playground Cirilo Pedroza, Denia Recreation Center Director, thanked the HSAC for past support of the Owsley Summer Playground. Mr. Pedroza explained that program staff was working on how the program would operate this summer with the cut in funding. Mr. Pedroza stated the program Page 71 will hire a recreation playground leader and others to assist with the children but the number of children served and number of staff hired will be reduced. The program did seek additional funding from a Seven-Eleven gram for summer playground program expenses. James McDade asked why the Summer Playground was asking for funds to serve the same children as the Owsley Community School. Mr. Pedroza explained the programs were started to service the children at differem times during the day. The Summer Playground served children during the day in the summer and the Community School served children in the afternoon to evening. Teri Rheault stated that the programs reliance on CDBG funds put it at risk not to have any funding in the upcoming year. Mr. Pedroza explained that the various programs in the Owsley area were started by a coalition to reduce crime and that he would hate to see a high crime rate return to the area due to funding cuts to human services programs. Betty Tomboulian indicated that over half the agencies that appeared before the committee for hearings that evening were for programs at one of three recreation cemers. The HSAC would like to know why the City of Demon does not build imo its programs scholarships for low-income children participating in PARD programs. Ms. Tomboulian stated that she understood the City of Denton is cutting programs to reduce expenditures. The HSAC would like for community coalition to be organized to help serve the children who are hurt by current funding and program situation. Mr. Pedroza indicated that the current situation was the same as was ten years ago when a coalition had to be formed to assist the Owsley Neighborhood and PARD became an emity to help seek funds. Communities in Schools of North Texas Gary Hendersen, Executive Director; Melanie Barry, Development Director; and Brian McCauley, Program Director, explained that this was the third year that they had applied for human services funding and had not yet received an award. This year the program requested funds for services at Denton High School rather than at Tomas Riveria Elementary School. The children from the Owsley neighborhood attended Denton High School. CISNT requests support for the program in order to secure other funding opportunities in the future. Carol Bounds asked why CISNT chose to go to Denton High School. Mr. Hendersen indicated that the DISD makes suggestions on where CISNT services are needed. CISNT feels that at the high school level the agency can reach a higher concentration of students in need. Ms. Barry has worked DISD to try and create intervention and prevention programs and stated that CISNT is looking at the funding options for the three high schools. The statistics and needs are overwhelming. Carol Bounds asked if the school counselors send referrals to CISNT. Mr. McCauley indicated that is one of the ways a student can enter the program but that various types of referrals including staff, students, and self for program enrollment. The process to request services is fairly easy and CISNT does not refuse services to the children. Betty Tombulian stated she was impressed with CISNT financial partners. She suggested and hoped that when CISNT wrote grants that they included services for all children and better coordination of programs. Mr. Hendersen indicated that the agency was moving in that direction and has started working with UNT especially with Page 72 Stan Ingman and with Newton Razor Elementary. Mr. Henderson requested support from the City of Demon because it was a good housekeeping seal of approval to help leverage other funds to continue the program. The Demon Corps of The Salvation Army Captain Glenn Queener thanked the committee for allowing them to reschedule their agency hearing due to an emergency. Captain Queener stated that The Salvation Army was requesting funds to provide a portion of the salary for transitional shelter coordinator and intake person. The Salvation Army appreciate the funding in the past, but needs additional funding this year due to reduction in Emergency Food and Shelter Gram funds and loss of Emergency Shelter Gram Program funds. Captain Queener stated that The Salvation Army could make an award of $15,000 work but that an award of $25,000 is needed to make the program to work at its optimum level. Captain Queener stated that in January the transitional shelter program had six persons successfully graduating from the program. In addition since last year The Salvation Army had hired another person to handle the transitional shelter program. Owsley Communi _ty School Greg Hedges, executive director, and Daryl Ramsey, board member, thanked the HSAC for the opportunity to come and appear for the agency hearing. They explained that the Owsley Community School was a nonprofit organization for the west side of town. The Agency had grown and cut crime in the area through its programming. The Owsley Community School was asking for cominued support of the afterschool program and adult education services. The agency was in the process of getting a new building and hoped that by the first of the summer the new building would be available to double the useable program space to better serve the community. The additional space would allow multiple activities to occur in the building at the same time. For the adults programs, the additional space will provide an opportunity to serve the different language abilities of studems. All the programs are offered free to the community. Meeting Adjourned at 9:15 PM Page 73 UNOFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING March 8, 2005 Members Presem: Lilia Bynum, James McDade, Teri Rheault, Betty Tomboulian, Jan Hillman, Carol Bounds, Mae Nell Benford and Charles McLain Members Absem with Notification: Jodi Vicars-Nance, Sonja Ball, and Mary Tisher Staff Presem: Wendy Nails, Human Services Coordinator and Barbara Ross, Community Development Administrator James McDade called the meeting to order. Wendy Nalls explained the scoring sheet results. She noted that the target budget of $345,509 included 15% of the City's 2005 CDBG allocation and the general fund budget amount from last year. Carol Bounds began by discussing the importance of health care in the community and discussed cutting some agencies to provide funding for the People's Clinic. Members agreed to start at the top and discuss each agency individually to determine a funding level. Some of the discussion poims are as follows: · Members discussed the services of CASA and the DeNon County Advocacy Cemer and whether or not they served the elderly. · Concern was voiced regarding why the Parks Departmem does not request funds from the Parks Foundation for the summer playground and after school scholarship programs. It was noted however, that these programs met an important need in the low-income community. · It was stated that perhaps Communities in Schools should receive a small amount just to show the City's support. Ms. Ross reminded the committee that staff has limitations on the number of agencies that can be adequately monitored and that a $1,000 award requires the same type of documemation and monitoring as a $10,000 award. Members asked how many agencies staff could handle. Ms. Ross and Ms. Nalls agreed that 25 agencies would be the maximum. · It was noted that Cumberland Presbyterian Children's Home had received $350,000 for construction of two duplex units for their transitional housing program. Denton County City Day School received approximately $80,000 for their parking lot, sidewalk and electric upgrade. · Members discussed the differences in services provided by DeNon Christian Preschool and Denton City County Day School. It was noted that DCP served more children and yet had a lower budget. Ms. Nalls explained that DCP was a ½ day program while DCCDS was a full day with breakfast, lunch and two snacks provided. · A comment was made that the Denton County Federation of Families has already done quite a bit to support the families of children with serious behavioral problems. · Members agreed that food and shelter were more important than housekeeping based on their Page 74 discussion of the requests from Fairhaven and Fairoaks. Members also commented that Fairoaks had aides who were not truly assisting the clients. · Members agreed that they appreciated the efforts of Our Daily Bread but did not feel that they could provide funding. · Members discussed the Owsley programs and decided that there were other ESL opportunities available in the community. They agreed that the after school programming was the priority. · It was noted that Fred Moore Child Care's application was late. They received a $50,000 Meadows grant to "catch up" on their finances and had received a larger allocation from the United Way for the coming year. It was suggested that they be allocated $25,000. Members discussed the fact that their proposed general fund budget was more than last's years budget. Ms. Ross indicated that it was likely they would be asked to reduce their recommendation. She added that even if their recommendation came in at last year's amount, they might have been asked to reduce it. Members agreed that they felt these recommendations would help meet some important community needs and they did not want to reduce them before they spoke with City Council. Members agreed to accept the attached recommendations. James McDade asked Carol Bounds if she would present the recommendations to City Council. Ms. Bounds agreed to present. The meeting was adjourned. Page 75 City of Denton DR~FT Consolidated Plan for Housing and Community Development 2005-2009 Housing Park Facilities Public Improvements Human Services CITY OF DENTON, TEXAS COMMUNITY DE VEL OPMENT DIVISION DeNon City Council Euline Brock, Mayor Raymond Redmon, District 1 Pete Kamp, District 2 Jack Thomson, District 3 Perry McNeill, District 4 Bob Montgomery, At Large Place 5 Joe Mulroy, At Large Place 6 Michael Conduff, City Manager Community Developmem Advisory_ Committee Edward Touraine, Chairperson Charye Heggins Hank Dickenson Sandra Benavides Ron Aldridge Cassandra Berry LaNelle Winn Peggy Fox, Vice Chairperson Maureen Jamail Human Services Adviso _ry Committee James McDade, Chairperson Mary Tisher Jan Hillman Jodi Vicars-Nance Carol Bounds Charles McLain Mae Nell Benford Betty Tomboulian, Vice Chairperson Lilia Bynum Sonja Ball Teri Rheault Economic Developmem Departmem, Community Developmem Division Linda Ratliff, Director Barbara L. Ross, CD Administrator Luisa Rodriguez-Garcia, CD Coordinator Wendy Nalls, Human Services Coordinator Nancy Baker, Housing Programs Manager Alma Espino, Program Specialist Gordon Meredith, Residemial Construction Spec. Anita Ferguson, CD Assistant SPECIAL THANKS The Community Development Division would like to express our appreciation to the agencies, departments and committees who participated in developing the City of Denton's 2005-2009 Consolidated Plan. Approved by DeNon City Council on {Date} Approved by the U.S. Departmem of Housing and Urban Developmem on {Date} www.cityofdenton.com ADA/EOE/ADEA ii. iii. IV. VII. VI. VIII. Table of Contents INTRODUCTION ............................................................................................................. 1 CONSULTATION AND CITIZEN PARTICIPATION ................................................... 2 POPULATION, HOUSING, AND EMPLOYMENT CHARACTERISTICS .................. 5 HOUSING NEEDS ASSESSMENT AND STRATEGIES a. Rental Housing .................................................................................................... 21 b. Owner-Occupied Housing .................................................................................. 24 c. Homeownership .................................................................................................. 26 d. Middle Income ..................................................................................................... 27 e. Special Needs Housing ........................................................................................ 29 f. Public Housing ..................................................................................................... 31 g. Homelessness and the Continuum of Care .......................................................... 31 h. Lead-Based Paint Hazards .................................................................................. 39 NON-HOUSING COMMUNITY DEVELOPMENT a. Human Services ................................................................................................... 42 b. Public Infrastructure and Public Services Facilities ............................................ 45 c. Anti-Poverty and Economic Development .......................................................... 47 BARRIERS TO AFFORDABLE HOUSING ................................................................. 49 INSTITUTIONAL STRUCTURE ................................................................................... 54 APPENDIX HUD Priority Needs Tables for Housing and Community Development ........... 58 Denton Citizen Participation Plan ........................................................................ 61 Rental Rehabilitation Map ................................................................................... 64 Home Improvement Map ..................................................................................... 65 Denton's Permit Schedule .................................................................................... 66 Homeless Count 2000 through 2005 .................................................................... 74 Glossary ............................................................................................................... 75 INTRODUCTION The City of Denton receives grant funds annually from Congress according to an entitlement allocation formula whereby all cities with populations over 50,000 are awarded funds by the U.S. Department of Housing and Urban Development (HUD). Congress appropriates funds to HUD for a number of programs. Entitlement cities are required by HUD to submit a five-year Consolidated Plan, which consolidates the planning, application and reporting requirements for the following federal programs: Community Development Block Grant (CDBG) was authorized under Title 1 of the Housing and Community Developmem Act of 1974. This formula-based program is designed to develop viable communities by providing decem housing, a suitable living environmem, and expanding economic opportunities for low and moderate income persons. HOME Investment Partnership Program (HOME) was authorized under title II of the Granston-Gonzales National Affordable Housing Act of 1990. This formula-based program designed to increase homeownership and affordable housing opportunities for low and very low-income persons. American Dream Downpayment Initiative (ADDI) was signed imo law on December 16, 2003. The program will assist low-income first-time homebuyers in purchasing single- family homes by provided downpaymem and closing costs assistance. ADDI will be administered as part of the HOME Investment Partnership Program. DeMon's 2005-2009 Consolidated Plan describes the city's strategies and resources for the next five years creating a stronger link between the needs, strategies and available resources in Denton. DeMon's Consolidated and Action Plans are a culmination of a collaborative effort between local citizens, nonprofit, organizations, the educational community, citizen commems, elected leaders, Community Developmem Advisory and the Human Services Committee and the City, which establishes a unified vision for community developmem actions. This process allows for more effective coordination of efforts by consolidating federal requiremems, submissions and planning for Denton's CDBG and HOME programs. Page 1 CONSULTATION AND CITIZEN PARTICIPATION The following is a brief explanation of the community participation/consultation activities carried out as part of the Consolidated Plan process. See Appendix B on page 61 for Demon's Citizen Participation Plan. LEAD AGENCY The Community Developmem Division, City of Demon, is the lead agency for preparation and dissemination of the Consolidated Plan for Housing and Community Developmem. Other organizations that will assist in administering programs covered by the Consolidated Plan include various social service agencies that receive CDBG, Supportive Housing Program and Emergency Shelter Gram (funding from State) funds. Also, Demon's only Community Housing Developmem Organization, the Demon Affordable Housing Corporation and other housing providers such as Habitat for Humanity. CONSULTATION PROCESS mo Communi _ty Needs Assessmem - Collaboration with the United Way to develop and carry out a community needs assessmem. The Community Assessmem conducted several focus groups to provide a community perspective of future challenges and areas of concerns. The focus groups included the Denton County Homeless Coalition, Denton Information Network, and Success by Six Children's Coalition. Each focus group discussed three questions: (1) What do you see as the top three most significam housing, health or human service issue or problem facing residems of the City of Demon? (2) What do you see as the top three most significam unmet needs in the City of Demon? (3) What challenges or barriers do you think City of Demon residems and organizations will face in trying to meet future housing, health, and human service needs? The coalitions used as focus groups represent a wide selection of health and human services areas including: emergency shelter, housing programs, crisis assistance, child neglect and abuse agencies, County Health Department, childcare, social service agencies, Denton Independent School District, Local Workforce Board, early childhood imervemion programs, family support agencies, Denton County Mental Health Mental Retardation, and volunteer programs. Public Hearings - Hearings to discuss broad and more specific areas of community needs. Hearings were targeted to low-income households and predominately minority populations. One hearing was held in Spanish and members of the local LULAC and Hispanic Chamber participated in outreach for the hearing. See Action Plan for minutes of public hearings. Co Demon Housing Coalition - Discussions with Demon Housing Coalition regarding housing priority needs and filling the gaps on the institutional structure. Page 2 Council-Appointed Committees - Participation by Council-appointed committees, the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Both groups will review the plan and develop recommendations for presentation to City Council. The HSAC committee also develops recommendations for general fund dollars for public services. Community Development Division - Staff discussion on needs and survey of other City personnel to determine community development needs. Staff coordination of process and completion of the plan document. Other Cities - The following cities were contacted and invited to comment on the Consolidated Plan: Argyle, Carrollton, Corinth, Flower Mound, Krum, Lewisville, Shady Shores. No comments were received. Continuum of Care Consultations - The Denton County Homeless Coalition (DCHC) meets on a quarterly basis to discuss the needs of the homeless and potentially homeless in the local area. The DCHC Steering Committee acts as the plenary body for the continuum of care. Both the Steering Committee and the general body members of the DCHC were given an opportunity to review and amend the information and regarding the needs of the homeless and potentially homeless. Denton Children's Coalition Success By 6® - Demon's Children's Coalition Success by 6® meets on a monthly basis to discuss the early learning needs of the local area. As the local early learning local council, the Denton Children's Coalition Success by 6® acts to help develop, operate, or enhance voluntary early learning programs for children. 100% Geriatric Services in Demon County Workgroup - 100% Geriatric Services in Denton County Workgroup meets on a quarterly basis to discuss the geriatric service needs of the local area. As the local geriatric services council, the 100% Geriatric Services in Demon County Workgroup acts to help identify, develop, operate, or enhance programs for older residents of Denton County. EFFORTS TO BROADEN PUBLIC PARTICPATION Advertisement of public hearings in the Community Development newsletter and flyers that were disseminated in English and Spanish. The newsletter goes out to community development clients, the public hearing mailing list of interested persons, city employees, local churches, social service organizations and other organizations. Community Development and United Way staff held focus groups with several groups including a) Success by Six (preschool educational support; b) Demon Information Network (various State and local service providers) c) Demon Housing Coalition C. Surveying social service agency personnel and clients receiving services. Page 3 CITIZEN PARTICIPATION To ensure citizen participation in the 2005 Consolidated Plan, City staff followed the Citizen Participation Plan. Public hearings were held December 6th and 13th. The December 13th public hearing was held in Spanish. The public hearings updated citizens on the status of currem programs and activities and asked about the needs of the community. Both of the public hearings were held within a low and moderate-income neighborhood. Information on the public hearings was included in the Community Developmem newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Developmem Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who attended previous public hearings; and interested citizens. A notice was also placed in the Denton Record-Chronicle. After the Consolidated Plan was drafted, advertisemems were placed in the DeNon Record- Chronicle summarizing the plan and announcing to the public where the plan was available for review, and the process for submitting commems to the City of DeNon. The advertisemems also included information on the upcoming public hearing. Ads were also placed on the local governmemal channel, the local community bulletin and in the quarterly Community Development Newsletter that is mailed to all agencies, applicants, Realtors, participating lenders, committees, and city employees. All commems received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. The advertisemem also included timeframe for the thirty-day commem period, the locations of the plan and where to direct comments on questions. Adjacem communities were comacted. They were given the opportunity to review the 2005- 2009 Consolidated Plan and provide commems. To ensure citizen participation at all stages of the 2005 Action Plan process, one public hearing was be scheduled on April 5, 2005 during a City Council Meeting to give citizens the opportunity to commem on the 2005 Consolidated Plan. See pages 36 of the 2005 Action Plan for minutes of the public hearings. Page 4 POPULATION, EMPLOYMENT AND HOUSING CHARACTERISTICS Population The chart below illustrates Demon's population growth and projected growth to the year 2020. From 1990 to 2000 the population increased by 21.5%. The only decrease in the growth rate occurred between 2000 and 2005. Projections indicate that the population of Demon between 2005 and 2015 will increase by 43.5%. Demon is experiencing strong growth along with other communities in the Dallas-Ft. Worth metropolitan area. Population Growth and Projections lati~ I 1990 66,270 1995 69,875 5.4% 2000 80,537 15.3% 2005 92375 14.7% 2010 108,042 17.0% 2015 132,579 22.7% Source: U.S. Census 2000 and North Central Texas Council of Governments, April 2003. Population by Race and Ethnicity From 1990 to 2000, the non-white population in Demon increased by 64%. The chart below illustrates the growth in racial and ethnic minority groups from 1990 to 2000. The U.S. Census Bureau considers race to be separate from ethnicity. The two are distinct concepts. Persons who are of Hispanic origin may be of any race. Denton Population By Race and Ethnicity Persons % of Persons % of Change % Change Total Total White 54,315 82.0% 60,900 75.6% 6,585 12.1% Black 6,316 9.5% 7,344 9.1% 1,028 16.3% American indian 299 0.5% 464 0.6% 165 55.2% Asian & Pacific islanders 1,860 2.8% 2,774 3.4% 914 49.1% Other Single Race 3,480 5.3% 7,126 8.8% 3,646 104.8% Two or More Races N/A N/A 1,929 2.4% N/A N/A Total Population 66,270 100% 80,537 100% 14,267 21.5% Hispanic Origin (Any Race) I 5,937 I 9.0 I 13,188 I 16.4% I 7,251 I 122.1% Source: 2000 U.S. Census Data Page 5 Race and Ethnicity Breakdown for the City of Denton Source: 2000 U.S. Census data Two or More Races 2% Other Single Race 8% Asian & American Pacific Indian ~ Islanders o% ~ 3% Black 8% Hispanic Origin (Any Race) 14% White 65% Census tract 212 in Southeast Denton and 209 in Southwest Denton have the highest percentage of minorities by race in Denton with 47.28% and 42.42 %, respectively. Census tracts 209 in Southwest Denton and 206.02 in Northeast Denton have the highest percentage of Hispanics of any race with 37.48% and 27.47%, respectively. The following tables provide information that indicates the minority concentration based on race and ethnicity by census tracts. Minority concentration is defined as any census tract that has more than 30% of its population as minority. Minority Concentration by Race ~su~ ~ra nt~g~ ~ 213.01 23.10% 204.01 25.15% 207 27.00% 206.02 27.87% 208 29.65% 211 30.37% 210 31.32% 206.01 35.03% 209 42.42% 212 47.28% Source: 2000 U.S. Census Minority Concentration by Ethnicity peee~geo ~ispanF 212 21.46% 214.01 23.26% 206.01 25.54% 208 25.67% 206.02 27.47% 209 37.48% Source: 2000 U.S. Census Page 6 The following map shows the minority concentration based on race by census tracts in the city of Denton. Minority Concentration by Census Tracts 0 - 25% +25% - 30% +31% - 40% +41% - 50% +50% - 100% Source: U.S. 2000 Census Housing Supply The tables below indicate that the number of housing units has increased by approximately 14% in the ten-year period from 1990 to 2000. The greatest increase was in the percentage of single- family units. The definition of "single-family includes both single-family detached and attached units. City of Denton Housing Stock Comparison 1990 -2000 s~ng~e Fa~i~ ~lti Fa~i~ 1990 13,207 13,369 2,215 28,791 2000 16,400 14,544 1,809 32,753 Change 24.2% 8.8% -18.3% 13.8% Source: U.S. Census of Population and Housing Page 7 City of Denton 2000 Housing Stock & Vacancy Rate Single Family 16,400 50.1% 660 4% Multi-Family 14,544 44.4% 984 6.7% Mobile Home 1766 5.4% 209 11.8% Other 43 .1% 0 0% TOTAL 32,753 100% 1,853 5.6% Source: U.S. Census of Population and Housing The 2000 Census information above indicates that single-family units made up just over 50% of the total units in Denton. According to the 2000 Census, rental vacancy rates are at 91%, which is higher than the vacancy rate in 1990. It appears that more units are available both for multi- family and single-family housing. Competition for reNers could decrease the renal rates and make units more affordable. City of Denton Number of New Units Permitted 1990- 1998 1990 104 0 17 121 1991 134 0 13 147 1992 196 0 32 228 1993 307 0 -0- 307 1994 252 0 7 259 1995 258 0 162 420 1996 267 14 447 728 1997 265 9 463 737 1998 590 0 499 1,089 TOTAL 2,373 23 1,664 4,060 PerceN 58% 1% 41% Source: City of Denton Building Inspections Department, 1999 Building permit activity since 1990 indicates the changing demands for housing, particularly since 1995. In 1998, the number of new housing units permitted was more than twice the annual average since 1990. This trend toward increasing single-family units coNinues through 2000 and beyond as indicated by the chart below. The adopted DeNon Plan calls for a 60:40 ratio of single-family to multi-family housing (excluding others) by the year 2020. As of August 31, 2004, the SF to MF ratio was 55:45. Page 8 Census-April 2000 I 30,944 I 16,400 I 50.07% I 14,544 I 44.41% ~ ~ ~a~ ~ld~g P~it~ 4/2000- 12/2000 31,391 220 52.95% 227 47.05% 1/2001 - 12/2001 32,897 1.078 53.80% 428 46.20% 1/2002- 12/2002 34,904 1,253 54.29% 754 45.71% 1/2003- 12/2003 35,844 897 55.37% 43 44.63% 1/2004- 10/2004 37,761 899 55.07% 928 44.93% Total Units 20,747 16,924 Source: City of Denton Planning & Development Department Housin~ Tenure Housing tenure is a leading indicator in communities that desire to create or maintain a "sense of place." Homeownership can indicate the level of commitmem that residems have for their community. At 41.7%, DeNon has a very low percemage of owner-occupied housing units compared to the State's percemage. The large number of university-related households is a significant factor contributing to the low percentage of owner-occupied housing. The growth of UNT and TWU paralleled the decline in owner-occupancy rates in the city. In 1960, the city's percentage of owner-occupied housing was relatively close to the statewide rate, but by 1990 the city's owner-occupancy rate was less than two-thirds of Texas overall. From 1990 to 2000 the percentage of owner-occupied units has increased but not significantly. Below are charts showing the difference in owner vs. renter occupancy between Denton and other Denton County entitlement cities and the change in Denton's owner-occupancy rate since 1960. 2000 Owner/Renter Comparison Total 39,136 30,895 16,179 30,043 Owner occupied 25,710 12,960 15,024 16,184 Renter occupied 13,426 17,935 1,155 13,859 Source: U.S. Census of Population and Housing City of Denton & State of Texas Owner-Occupancy Rate 1960 - 2000 I S~at~ ~ 1960 60.3 64.8 1970 51.3 62.7 1980 46.7 67.2 1990 39.3 60.9 2000 41.7 63.8 Source: U.S. Census of Population and Housing Page 9 With respect to housing tenure, Denton is a much different place than it was in 1960. In 1960, the City of DeMon's population of 26,844 represemed more than 56% of all the population in Denton County. Since then, Denton has become a much smaller percentage of the Denton County population and housing tenure shifted dramatically toward rental housing. Significantly more remer-occupied units have been added to the housing supply than owner-occupied units. Between 1960 and 2000, additional remer-occupied housing grew by 14,988 units or 64% of all housing units added to the city's housing stock. However, as stated above in the period from 1990 to 2000, more single-family units than multi-family units have been permitted for construction. City of Denton Population & Housing Tenure 1960 - 2000 I lafi~ I 0 ~¢~ ~iii [ nt~ 0 1960 26,844 4,594 3,025 1970 39,874 6,106 5,790 1980 48,063 8,142 9,283 1990 66,270 10,058 15,661 2000 80,537 12,887 18,013 1960-2000 +53,693 +8,293 + 14,988 % Change +200% + 181% +495% 1960-2000 Source: U.S. Census of Population and Housing ReNal housing in the city is not only prevalem in typical multi-family structures, but extends to single-family residences and mobile homes as well. According to the 2000 Census data, 26.8%, approximately one of every four occupied single-family units in Denton is renter-occupied. This is a slight decrease from the 28% figure in 1990. City of Denton Occupied Housing Stock 2000 P~ ~nt P~ ~nt R~nt~ ~ ~nt ~c~up~ Td~!8 ~c~up~d Single Family 15,740 50.9% 11,520 73.2% 4,220 26.8% Multi-Family 13,560 43.9% 201 1.5% 13,359 98.5% Mobile Home 1,557 5% 1,130 72.6% 427 27.4% Other 43 .1% 36 83.7% 7 16.3% TOTAL 30,900 99.9% 12,887 41.7% 18,013 58.3% Source: U.S. Census of Population ~d Housing Page 10 Housin~ Market Analysis Vacancy I 0 & 1 3+ Substandard Housing Stock Inventory Rate ~Bedro0m 2 Bedrooms Bedro0ms T0ta! Units Units Rented/Owned Occupied Units: Renter 8272 6360 3381 18012 Occupied Units: Owner 485 1669 10732 12885 Vacant Units: For Rent 4% 484 530 175 118c~ Vacant Units: For Sale 1% 20 60 18£ 26£ Total Units Occupied & Vacant 9261 8619 1446c~ 3234c~ Rents: Applicable FMRs (in Ss) 713 868 1,41: Rent Affordable at 30% of 50% ot MFI (in Ss) Public Housing Units Occupied Units C 0 0 ( Vacant Units (~ 0 0 £ C 0 Total Units Occupied & Vacant C 0 0 ( £ 0 Rehabilitation Needs (in Ss) ~ 0l 01 Condition of Housing Census figures indicate that 9,875 housing units in DeNon were built before 1970. This number represents approximately 40% of the housing units in Denton. Units built prior to 1970 have a high incidence of substandard features. A high percemage of these units are located in the low- income areas of Denton. Housing Price Housing price is the reflection of supply of and demand for housing. In the previous Consolidated Plan, the period from 1993 to 1998 saw a 60% increase in housing price in the area. The most recent six-year period indicates that housing price is increasing at a much slower rate. From 1998 through 2003, the median sales price, based on all housing transactions in the DeNon Multiple Listing Service (MLS), area increased by 23%. From 1997 to 2003 the percemage of homes selling at less than $100,000 decreased from 38.8 to 10.3 percem. This is a significam decrease in the availability of units in this price range. Denton MLSArea Annual Median Sales Price of Houses 1997 -2003 1998 $124.800 1999 $132,800 2000 $144,700 2001 $151,000 2002 $152,100 2003 $153,900 Change +23% Source: Real Esmm Center ~ Texas A & M UnNersi~ Average Cost of Apartments in Denton Efficiency $428.00 1 Bedroom $538.00 2 Bedroom $687.00 3 Bedroom $898.00 Source: Planning and Development Dept., City of Denton Page 11 Denton is home to two State universities - The University of North Texas and Texas Woman's University. As a result, occupancy rates during the fall, winter and spring are higher. Occupancy levels are substantially reduced during the summer months. The chart below indicates that DeNon has a higher percemage of single-family units valued below $120,000 than the surrounding communities. More than 55 % of DeNon' s single-family units fall imo this range. The community with the next highest percemage is Lewisville with less than 35% of units being valued at less than $120,000 2004 Single-Family Units by Appraised Value mng~ in AppraiSed Highland Vill g $1 to $14,999 196 95 25 43 26 $15,000 to $29,999 485 124 42 12 6 $30,000 to $59,999 1,897 44{ 140 40 44 $60,000 to $119,999 8,706 5,374 985 139 843 $120,000 to $199,999 7,405 10,471 7,423 1,896 3,691 $200,000 to $399,999 1,463 815 9,067 2,233 1,122 $400,000 to $749,999 109 113 1,176 317 10 $750,000 and Above 3 87 28 1 Total 20,264 17,335 18,945 4,708 5,743 Source: Denton Central Appraisal District, 2003-2004 Certified Values Household Size~ Composition and Income Since 1960, the last census when owner-occupancy in Denton resembled statewide data, the average household size in DeNon has decreased from 3.0 to 2.35 persons per household. In 2000, 66% of all households in the city had only one or two persons. City of Denton - Persons per Household 1960 - 2000 ~6P~ati~ Yea~ In Group ~3P~iati~ 1960 26,844 4,239 22,605 7,619 2.97 1970 39,874 6,929 32,945 11,896 2.77 1980 48,063 6,653 41,410 17,522 2.36 1990 66,270 6,994 59,276 25,702 2.31 2000 80,537 7,842 72,695 30,895 2.35 Source: U.S. Bureau of Census Page 12 University studems living off-campus may be responsible for both the decreases in owner- occupancy and household size in DeNon. In 1970, the group quarters population in DeNon was 6,929, mostly college students living in dorms, accounting for 17% of all population in Denton. In 2000, the number of residents living in group quarters rose to 7,842, but was less than 10% of the total population. As stated above, from 1960 to 2000, the average household size in DeNon went from 3.0 to 2.35. In 2000 household size in Denton was approximately 12% less than in Denton County as a whole - 2.35 versus 2.67 per household. Household composition is important in understanding the demand for each type of housing in the community. Denton has a significant majority of small households. Two of every three households have only one or two people; less than one of every five households has more than three people. City of Denton - Number of Persons per Household - 2000 1 Person 9,737 31.5 31.5 2 Persons 10,614 34.3 65.8 3 Persons 4,656 15.1 80.9 4 Persons 3,393 11.0 91.9 5 Persons 1,542 5.0 96.9 6 Persons 552 1.8 98.7 7 or more Persons I 401 I 1.3 I 100 Source: U.S. Bureau of Census Demon also has an unusually small percemage of residems that live in family households, compared to other entitlement cities in the area. City of Denton - Percent of Population in Families in 2000 [ P ~P~latin]P snP t~y ~opmatmn Demon 80,537 62.4% 2.35 Lewisville 77,737 80% 2.58 Carrollton 109,576 85.7% 2.78 Flower Mound 50,702 94 % 3.12 Demon County 432,976 81.7% 2.67 Source: U.S. Bureau of Census As late as 1970, the population of the City of Demon accoumed for more than half the total population of Demon County. By 2000, the city's share of county population had decreased to 18.6% of total county population. Denton still has a concentration of the county's poorest persons, households and families. Nineteen percem of all persons, 22% of all households, and 10% of all families in Demon in 1990 lived in poverty. The percemage of families living in poverty in the balance of the county was 3%. Person and household measures may reflect student-related population, but the percentage of families living in poverty in Denton has little to Page 13 do with the universities. The city had more than half of all persons and households in Demon County that lived in poverty and nearly half of all families. Denton County Comparison Persons, Households & Families In Poverty - 1990 Total Population 80,537 273,525 29.4 Persons in Poverty 12,273 21,861 56.1 Households 25,702 102,025 25.2 Households in Poverty 5,604 9,128 61.4 Families 13,786 70,331 19.6 Families in Poverty 1,366 3,195 42.8 Source: U.S. Bureau of Census, 1990 2000 Census information cominues to illustrate that fact that Demon has a higher percemage of persons and families in poverty than other communities in the County and Denton County itself. More than 40% of the individuals below the poverty rate in Denton County reside in the City of Denton. Denton County Comparison Persons & Families in Poverty - 2000 ~ing Areh i~i~idu~i~ B~i~w ~arniii~ ~i~ % ~arniii~ Carrollton TX 6,057 1,189 28,932 4.1% ~ento~ ~,~0~ 88~ Flower Mound TX 1,266 314 14,262 2.2% Lewisville TX 4,629 788 19,815 4.0% Denton County TX 28,039 4,601 111,324 4.1% Source: U.S. Bureau of the Census, 2000 In terms of household and family income, the City of Demon is below the rest of Demon County. Denton County Comparison Household and Family Income - 2000 ReP3 i g Carrollton TX 62,406 68,672 99.1% Denton TX 35,422 51,419 74.2% Flower Mound TX 95,416 98,055 141.5 % Lewisville TX 54,771 63,719 91.9% Denton County TX 58,216 69,292 -- Source: U.S. Bureau of Census Page 14 According to the 2000 Census information, the following maps show the concemrations of low- income households in Demon. Low-income concemration is defined as a block group that has at least 51% low-income households. Concentration of low-moderate income households Highlighted block groups have at least 51% low/moderate income Concentration of Low/Mod Income by Block Groups 0-50% 51% - 60% 61% - 70% 71% - 80% 81% - 90% 91%- 100% Source: 2000 U.S. Census Page 15 Assisted and/or Housing for Low-Income Households The City of Demon has no convemional public housing. The Demon Housing Authority administers a Section 8 program and manages family and elderly multifamily housing units owned by DHA non-profit subsidiaries. Several low-income housing tax credit projects have been developed. No net loss in assisted units is expected in the next 5 years. Affordable Rental Housing Inventory ~g~at~ I ~~an~ I ~di S~ ~ ] ~ ~it~ Denton Housing Subsidized units in Section 8 943 Authority City of Denton Country Park Affordable Family LIHTC 120 Apartments Units The Waterford at Affordable Family LIHTC 156 Spencer Oaks Units Rosemont at Pecan Affordable Family LIHTC 250 Creek Units Primrose at Sequoia Affordable Elderly LIHTC 250 Park Units Subsidized Elderly LIHTC; CDBG 24 Pecan Place (DHA) Units Renaissance Courts Affordable Family LIHTC & DHA private 150 (DHA) Units financing Pebble Brook Affordable Family Texas Multifamily Bond 250 Apartments Units Funds Fairhaven Affordable Elderly Section 202 48 Units Fairoaks Subsidized Elderly Section 202 41 Units Denton Affordable Units for Disabled Section 811; HOME; 29 Housing Corp. HTF; FHLB; Private Denton Affordable Transitional Housing FHLB; TDHCA; 22 Housing Corp. Units HOME; Private Denton Affordable Affordable Family Private 7 Housing Corp. Units City of Denton Elderly & Special HOME TBRA 5 Needs Subsidies TOTAL UNITS AND/OR SUBSIDIES AVAILABLE 2,295 Page 16 Homeless and Special Needs Housing Inventory of Facilities and Services for the Homeless and Special Needs Populations S~p¢~ ~rg~ P~Iati~ Denton Housing Low-income households Provision of Section 8 rental assistance. Authority Denton State School Persons with severe and Provision of residential care and support profound developmental services. disabilities Fairhaven Low-income elderly Provision of low-income housing and tenant based rental assistance. Family Health Care Indigent Pregnant Women Provision of pre-natal care to low-income expectant mothers. Fred Moore Clothing Low-income households Provision of free clothing. Room Fred Moore Day Low-income households Provision of infant day care and pre-school Nursery School day care and to low-income children between 0 and 5 years of age. HOPE, Inc. Low-income households Provision of transitional housing, 30-90 day assistance, and emergency financial assistance. Interfaith Ministries Low-income households Provision of emergency utility assistance, prescription assistance and other emergency financial services. Meals on Wheels Low-income elderly Provision of home delivered meals. North Central Texas Low-income households Provision of child care assistance. Workforce Owsley Community Low-income households Provision of after school program, youth School music education, and English as a Second Language classes. People's Clinic Low-income households Provision of sliding scale primary health care. Reach, Inc. Persons with disabilities Provision of in-home training, counseling, ADA training, and support. Riding Unlimited Persons with disabilities Provision of therapeutic horseback riding. Salvation Army Homeless individuals and Provision of emergency shelter and social families services. Singing Oaks Church Low-income households Provision of emergency utility assistance, of Christ prescription assistance, food assistance, gas and emergency financial services. Page 17 Inventory of Facilities and Services for the Homeless and Special Needs Populations ~eip°P ~at~n SPAN Elderly Provision of congregate and home delivered meals, information and referral and case coordination. SPAN/City of Denton Persons with Provision of a transportation system for transportation needs residents of Denton. TTRIPS Program Teen Parents Provision of case management and day care to teen parents working toward high school graduation. Trinity Presbyterian Non-Resident Low- Provision of immigration services. income households TWU CARES Low-income households Provision of primary health care. University of North Low-income persons with Provision of sliding scale mental health Texas and Texas mental health problems or services. Women's University illness West Texas Legal Low-income households Provision of legal services for tenant - Services landlord disputes. Denton Housing Low-income households Provision of Section 8 rental assistance. Authority Denton State School Persons with severe and Provision of residential care and support profound developmental services. disabilities Fairhaven Low-income elderly Provision of low-income housing and tenant based rental assistance. Family Health Care Indigent Pregnant Women Provision of pre-natal care to low-income expectant mothers. Fred Moore Clothing Low-income households Provision of free clothing. Room Employment As of October 2004 the available workforce for the city of Demon was 63,473. Demon is fortunate to draw workers from the Dallas and Fort Worth areas representing 5.1 million people, as well as north to the southern Oklahoma border. The unemployment rate in Denton during 2004 has ranged from a high of 7% in January to a currem low of 5.1% (October 2004). The following provides information on the major public and private employers in the City of Denton. Page 18 Peterbilt Motors - Headquarters & Plan (Diesel Trucks) 1,800 DeNon Regional Medical CeNer (Hospital) 770 DeNon Community Hospital / Presbyterian Hospital of DeNon-Spring 2005 550 Victor EquipmeN (Welding EquipmeN) 512 Anderson Merchandisers (distribution) 500 Sally Beauty (IN'I HQ of Beauty Supply Distributors) 500 Jostens (Class Ring Manufacturer) 280 Vacation Tour & Travel (Call CeNer) 256 Acme Brick (Brick Manufacturer) 225 United Copper (Copper Wire) 191 Morrison Milling (Flour Grain Mill) 190 Russell Newman Ltd (Sleepwear/Loungewear) 180 CBS Mechanical (Mechanical Contractor) 175 General Telemarketing INernational (Call CeNer) 170 Liberty Christian School (Private School) 170 DeNon Rehabilitation & Nursing CeNer (Retirement/Nursing Home) 160 Tetra Pack (Aseptic Packaging) 160 Wells Fargo (Bank) 151 NuconSteel (Steel Manufacturing) 150 Precision Pattern Inc. (Jet INerior Manufacturing) 150 The ViNage (Retirement/Nursing Home) 150 Senior Care Health and Rehabilitation CeNer (Retirement/Rehabilitation) 140 Mayday Manufacturing (Aerospace Machined Parts) 125 DeNon Good Samaritan Village (Retirement/Nursing Home) 108 Lake Forest Good Samaritan Village (Retirement/Nursing Home) 100 Ben E. Keith Beers (Distribution) 100 University of North Texas 2,850 DeNon IndependeN School District 2,461 Denton State School 1,450 DeNon County 1,409 City of DeNon 1,125 Texas Woman's University 897 FEMA (Regional HQ & Call CeNer) 250 constaN up to 1,000 Data from the Texas Workforce Commission indicates that salary and wage levels coNinue to increase. The following is a chart indicating average wages for specific occupations in DeNon. Page 19 Wage Rates ~ccupation ~vg ~age ~g ~n~ ~g I Pe~HOU~ ] wage [ E~Pe~iene~dwage A~ ~nt~aito ~00~ Computer Programmer 34.71 25.59 43.35 Compmer Suppo~ Specialists 23.61 16.13 29.34 Construction Laborer 10.84 8.23 11.69 Electrician 18.42 14.99 21.79 File Clerk 11.59 9.34 13.36 Graphic Designer 21.84 15.62 25.62 Human Resource Assistant 15.83 12.48 18.46 Licensed Practical Nurse 18.35 15.24 20.98 Machinists 15.67 12.60 18.47 Maimenance & Repair 13.94 10.38 17.13 Market Research Analyst 30.07 19.59 38.76 Medical Transcriptionist 17.72 11.08 24.56 Order Clerk 12.51 9.03 15.15 P~du~ ~rk~ 853 Retail Salesperson 11.21 7.57 12.31 ~i~rk~ ~0 Tool & Die Maker 18.87 14.99 22.84 *Source Workforce Development November 2003 OES Su~ey Highlighted occupations indicate those that could be compared to occupations included in the 2000 Consolidated Plan. Hourly rates in these comparable occupations increased by an average of $6.12. Only two of the comparable rates increased more than $10.00 per hour, those were the accountants and the registered nurses. Less skilled positions did not experience the same level of increase. Page 20 HOUSING NEEDS ASSESSMENT AND STRATEGIES Rental Housin~ The 2000 Census indicates that 12,688 or 71% of the 17,828 remer households in DeNon are low-income. The table below illustrates that 66% of the remer households in DeNon are below 50% of the area median income and are considered very low-income households. These numbers indicate a 6% decrease in the percemage of very low-income remer households in the City of Demon since 1990. Appendix A "Priority Housing Needs Summary Table" on page 58 includes information on housing needs for remers and homeowners. Remer households in need of housing assistance include those that: · Have an income that is less than 80% of the area median income · Pay more than 30% of their income on housing expenses, including utilities · Live in substandard or overcrowded housing LOW-INCOME RENTERS NEEDING HOUSING ASSISTANCE ~eh~id ~xtremel~ 030~ 3150~ S180~ Elderly 369 46% 258 33% 172 22% 799 6.2% Small 960 31% 869 28% 1304 42% 3133 24.4% Large 262 38% 121 17% 309 45% 692 5.4% Other 3565 43% 2098 26% 2534 31% 8197 64.0% Total Renter Households 5156 3346 4319 12821 100.0% % of Income Level 40% 26% 34% 100.0% Source: SOCDS CHAS Data The following statistics from the 2000 Census provide information regarding very low-income renters in Denton. These renters meet one or more of the criteria for "renter households in need of assistance". 2. 3. 4. 59% of Hispanic remer households are in this category. 58% of Black non-Hispanic remer households are in this category. 49% of White non-Hispanic remer households are in this category. 48% of Asian remer households are in this category. Page 21 o 7. 8. 9. There is a high incidence of housing problems and cost burdens among African- American, Hispanic and Asian households. The highest incidence of housing problems and high to severe cost burdens is among large and elderly renter households. 71.4% of large renter households report housing problems. 54.8% of elderly renter households report housing problems. 31% of the elderly renter households in this category have a cost burden, 37% have a severe cost burden. The DeNon Housing Authority coNinues to have a high number of families on the waiting list for Section 8 assistance. The following chart provides information on the DeNon Housing Authority's waiting list. Denton Housing Authority Section 8 Waiting List By Racial/Ethnic Statistics White 48% African-American 37% Hispanic (all races) 12% American indian .6% Asian/Pacific islander 2% The perceNage of low-income reNers in DeNon has dropped 3% from 1990 to 2000. Historically, the high number of college students in Denton has contributed to high occupancy and renal rates. Though renal rates are still unaffordable for many households, the developmeN of several new "family" apartmeN complexes has provided standard, affordable housing for many. Most of the units were developed as Low income Housing Tax Credit projects. The number of LiHTC units in Denton is currently higher than the state average. Rental housing activities in the next five years should focus on maintenance of existing affordable units including lead hazard reduction, developmeN of small mixed-income developmeNs near major public transportation routes, shopping areas, schools, etc., self- sufficiency programs for those on assisted housing programs and homebuyer assistance for reNers that are ready to move to homeownership. Page 22 Owner-Occupied Housing LOW-INCOME HOMEOWNERS NEEDING HOUSING ASSISTANCE ~ ~re~l ~th~ ~ P nt Elderly 350 26% 413 30% 594 44% 1357 38% Small 133 11% 337 28% 754 62% 1224 34% Large 54 14% 103 26% 238 60% 395 11% Other 144 23% 99 16% 380 61% 623 17% Total Households 681 952 1966 3599 100% % of Income Level 19% 26% 55% 100.0% Source: SOCDS CHAS Dina The following statistics from the 2000 Census provide information regarding very low-income homeowners in Denton. · 12% of homeowners are very low-income · 67% of very low-income owners have housing problems · 62% of very low-income owners have a cost burden, 39% have a severe cost burden · 56% of Hispanic owners experience housing problems · 47% of very low-income owners are elderly Compared with remers, homeowners in general have higher incomes and a lower incidence of cost burden. However, more than half of DeMon's very low-income homeowners experience housing problems including a cost burden. Cost burdens make it difficult for very low-income homeowners to maintain their housing units in standard condition. Owner-occupied assistance programs have been developed based on the high percemage of very low-income owners experiencing housing problems. A high percemage of these are elderly households on a fixed income. Hispanic households also make up a disproportionately high percemage. Hispanic households may experience a language-barrier when accessing housing services. Local programs are designed and administered in an attempt to meet the needs of these special groups. Appendix A "Priority Housing Needs Summary Table" on page 58 includes information on housing needs for remers and homeowners. Page 24 Homeownership The U.S. Departmem of Housing and Urban Developmem defines affordable housing as not consuming more than 30% of a family's gross income. The following chart illustrates housing expenses based on three units with varying sales prices. A sales price of $153,900 represems the annual median sales price of houses in DeNon in 2003. The City's currem Homebuyer Assistance Guidelines require that housing units cost no more than $100,000. Units most affordable to DeMon's low and moderate-income households would cost $80,000 or less. Principal & Interest 6.5% 494.28 617.85 950.87 Property Taxes 2.7% 181.13 226.41 348.45 Homeowners Insurance 1% 66.67 83.33 128.25 Mortgage Insurance .5% 33.33 41.67 64.13 Total Housing Expenses* 775.41 969.26 1,491.70 The affordability comparison in the tables below illustrates affordability for low to moderate- income households seeking homes in the price ranges above. Only households with an income of $59,668 or more could purchase a home costing $153,900. A wider range of low and moderate households could afford homes costing $80,000 or less. According to the Real Estate Cemer at Texas A&M University, the number of homes sold below $80,000 from 2000 to 2004 decreased every year in Denton County. This trend was also true for homes that sold under $100,000. The table below illustrates the percemage of total homes sold from 2000 through 2004. 2000 2001 2002 2003 2004 Under $80,000 6.6% 4.4% 4.1% 3.9% 4.5% $80,000 - $100,000 13.2% 10% 7.9% 6.4% 6.2% Source: Real Estate Center at Texas A&M University Units in the $80,000 or less price range are more likely to be older and in poor condition. Low- income households looking for affordable units in the City have indicated that very few units in this price range exist. Page 26 Housing Options for Moderate-Income Households (80% AMI) o~ ~ ~ $80 000 H6~ ~ ~ $i00i000 ~ ~ $i53i900 ~ ~ffO~bi~ ~ ~ffo~dab~ ~ ~ffo~dab~ ($9 30~ ~! ($!7~900 ~hnu~[ ,42,550$12,765 NO ,47,900, 4,370 NO ,s3,200, S,960 NO ,57,450,17,235 NO ,6 ,7oo, 8,s o *65,950* 19,785 $70,200$21,060 Housing Options for Very Low-Income Households (50% AMI) gffo~dab~ $23,300 $6,990 NO NO NO $26,600 $7,980 NO NO NO $29,950 $8,985 NO NO NO $33,250 $9,975 Y~S NO NO $35,900 $10,770 ~S NO NO $38,550 $11,565 ~S NO NO $41,250 $12,375 NO $43,900 $13,170 S S NO From this we can conclude that even fewer low and moderate-income households would find these units affordable. Comparison of income levels to the high cost of housing in Denton indicates a need for production of affordable units and provision of assistance to low-income households seeking homeownership. Middle Income Households 2000 Census information indicates that of the 30,853 total households in Demon, 14,433 had incomes from 81% to 95% of the area median income. The highest percemages of these households experiencing housing problems and cost burdens were in the elderly and large related remer households and large related owner households. A higher percemage of households with incomes below 81% are experiencing housing problems and cost burdens. At this time, there are no strategies designed to assist households at this income level. Page 27 Special Needs Housing The following charts provide information regarding the estimates of need in various populations requiring supportive housing services. Low Income Elderly Needing Housing Assistance P~ ~nt Renter~q 427 50.4% 209 24.7% 211 24.9% 847 25.0% Homeowners 449 17.7% 470 18.5% 770 30.4% 2536 75.0% Total Elderly 876 25.9% 679 20.1% 981 29.0% 3383 100.0% Source: HUD analysis of 2000 Census Data Persons with Disabilities ~e ~~it Sensory Male 50 675 302 Physical Male 46 1,055 549 Mental Male 308 1,082 268 Self-Care Male 15 406 153 Going Outside the home Male N/A 1,165 316 Employment Disability Male N/A 2,564 N/A Sensory Female 64 687 455 Physical Female 17 1,378 1,149 Mental Female 117 1,101 483 Self-Care Female 20 362 445 Going Outside the home Female N/A 1,326 753 Employment Disability Female N/A 2,357 N/A Source: 2000 Census Data for City of Denton, Texas Housing with Supportive Services Needs Elderl/Frail 381 Rental assistance, meals, Fairhaven Retirement Center, Elderly housekeeping, health care, Denton Housing Authority, transpo~ation SPAN, Texas Dept of Human Se~ices Page 29 Housing with Supportive Services Needs AIDS Impacted 74 Rental assistance, childcare, AIDS Services, Denton Households employment/workplace re- Housing Authority, North entry training, budget Central TX Workforce Center counseling, nutrition assistance, other AIDS-related services Households 75-100 Counseling, rental assistance, Denton County MHMR impacted by support groups, transportation, Substance Abuse health care Mentally Ill and 450-500 Financial assistance-shelter, Denton County MHMR, North Cognitively food, clothing. Support TX Central Workforce Center, Disabled trainers, psychiatric care, case DeNon Affordable Housing coordination, supportive Corp., TX Rehabilitation employment Commission, REACH, and ARC of DeNon County Source: Denton-area special needs providers and Texas Department of State Health Services. The 100% Geriatric Services in DeNon County Workgroup is the lead emity for aging services planning process for Denton County, Texas. The Geriatric Services Workgroups meets quarterly for planning, training, education, and information regarding the needs of the elderly in Denton County. The Geriatric Services Workgroup consists of represematives from the City of DeNon including planning, parks and recreation, and community developmem officials as well as represematives from the University of North Texas - Department of Gerontology, Assisted Living Facilities, Adult Day Care, Nursing Home Facilities, Independent Living Facilities, Home Health Care, Medical Alert Devices and Equipment, Human and Transportation Supportive Services, Local Hospitals, and the Area Agency on Aging. The 100% Geriatric Services in Denton County Workgroup indicated some strategies to assist the elderly and frail elderly include: (1) expansion of services (2) coordination of services and (3) increased awareness of existing services to meet the needs of an aging elderly population. In addition, affordable and appropriate housing for the elderly was idemified as a major concern in both the 100% Geriatric Services in DeNon County Workgroup focus group and the Area Agency on Aging sponsored planning initiative. The Geriatric Services Workgroup has designated housing and services to allow the elderly to maimain currem housing as long as practicable as priority needs in the community. Other special needs populations are considered "potentially homeless". Strategies to assist these groups are included in the Continuum of Care strategies. Page 30 Public Housing The Denton Housing Authority does not administer public housing. There are no public housing units in the City of Denton. Homelessness and the Continuum of Care HOMELESS The City of Denton has a homeless population above the national estimate for suburban fringe areas. According to Martha Bun's book: "Helping America's Homeless: Emergency Shelter or Affordable Housing" a suburban/urban fringe area rate ofhomelessness average is 8.6 per 10,000 residents. Using this formula for estimating homelessness for the City of Denton would calculate 78 homeless in 2004 as follows: 91,150 * 8.6/10,000 = 78. A point in time survey conducted by the Denton County Homeless Coalition on March 2, 2004 for both the sheltered and unsheltered homeless found 116 homeless with 32 in emergency shelter, 67 in transitional shelter, and 17 unsheltered. In addition this count identified 91 homeless persons in permanent supportive housing programs and 143 persons at-risk-to become homeless. The City of Denton has almost double the number of persons expected to be homeless in a suburban/urban fringe area. If included in the count, the "homeless" persons in the permanent supportive housing programs would bring the number of homeless in Denton up to 207 at the time of the 2004 point in time survey. This number is over two and half times the estimated number of homeless for a suburban/urban fringe area. See Appendix F on page 74 for a summary of estimated and actual number of homeless persons counted in the City of Denton from 2001 through 2005. House of other In In In Permanent persons/ Motel/hotel due Total Emergency Transitional Supportive economic to lack of Homeless Type Shelter Unsheltered Housing Housing hardship alternate Migrant Counted Total 32 17 67 91 140 2 1 350 Individuals 18 13 1 41 39 2 0 140 Families 14 4 66 50 114 0 1 249 Children < 18 5 4 44 25 83 0 1 162 The strategy for addressing the needs of the homeless and those-at risk to become homeless operate from five basic goals: 1. Prevention - Provide assistance for low-income households to secure and sustain safe, decent affordable housing 2. Outreach - Improve community assessment of needs and services available 3. Emergency Shelter - Meet the emergency shelter and basic health, food, clothing, and personal hygiene needs of the homeless and victims of domestic violence. Page 31 4. Transitional Housing - Meet the transitional housing and supportive service needs of the homeless and victims of domestic violence in preparation for a move to permanent or permanent supportive housing. 5. Permanent Housing - Provide homeless and victims of domestic violence with permanent or permanent supportive housing. The City of DeMon's strategy allows individuals to receive an array of supports towards self- sufficiency. The DeNon County Homeless Coalition and the City of DeNon believe coordinated services in these five areas can move a homeless individual or at-risk person to a long-term stay in permanent housing. CONTINUUM OF CARE STRATEGY Outreach Homelessness Prevention Immediate Needs Transition to Stability Maintaining Stability The Cominuum of Care strategy is designed to address the unmet needs of homeless individuals and families with children by: 1) Supporting homelessness prevemion assistance to over 1000 individuals/families 2) Assisting with the implementation and use of a homeless management information system 3) Participating in strategic plans for discharge policies and long term solutions for the chronic homeless 4) Supporting over 5000 nights of emergency shelter stays 5) Supporting over 400 individual/families through a transitional shelter program 6) Assisting the local Cominuum of Care find additional resources for permanem and permanent supportive housing. CONTINUUM OF CARE PLANNING PROCESS The DeNon County Homeless Coalition (DCHC) is the lead emity for the Cominuum of Care (CoC) planning process for DeNon County, Texas. The DCHC general body meets at least four times a year for training, education, and information regarding homelessness and homeless prevemion. The general body approves any major Cominuum of Care decisions including: Review and approval of goals for the provision of services; Updates to priority services and service populations; Idemification of gaps in services, changes in services offered, and populations served. Page 32 A steering committee acts as the DCHC planning body and meets momhly to organize and conduct the regular business of the coalition including operating and procedural responsibilities. The Denton County Homeless Coalition elects a seven-member steering committee to represent a variety of interests by establishing a specific type of interest representation for each of the seven steering committee member seats. Cominuity in planning and procedures process remains because each steering committee member serves a two-year term with re-election depending on seat number. All steering committee members with odd number seats are elected in odd numbered years, while members with even number seats are elected in even number years. Denton County Homeless Coalition Steering Member Seats (1) Designated HMIS project sponsor; (2) Homeless Provider or Housing Agency or Shelter Represemative; (3) Homeless Provider or Housing Agency or Shelter Represemative; (4) Business Community Represemative or financial institution; (5) Non-profit Community Represemative (support services); (6) At-large Represemative -an individual, elected official, a curremly or formerly homeless individual, law enforcemem, faith-based organization or an additional non-profit agency; (7) At-large Represemative - same description as seat six. ADDRESSING THE CHRONIC HOMELESS The DeNon County Homeless Coalition believes a structured and seamless collaborative system of services and programs can move individuals experiencing chronic homelessness to sustainable permanent supportive housing. This transition to sustainable permanent housing is the key to ending chronic homelessness. The D.C.H.C. point-in-time homeless count taken in March 2004 (Denton County Homeless Coum) idemified nineteen sheltered and no unsheltered chronic homeless. It is likely that there were approximately forty-three chronic homeless that were not counted. These estimates were created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults among the homeless population as chronic homeless, to Denton's estimated number of homeless. At this time DCHC is moving from a coalition philosophy to a community strategy to end chronic homelessness. Since the coalition had difficulty finding examples often-year plans for communities with similar demographics, the steering committee decided to take a three-step planning approach to building a community strategy to end chronic homelessness. The first step was a small committee conducting research on strategies, stakeholders, goals, and activities to promote appropriate services for the community and chronic homelessness. In the fall of 2004, the small group completed their research and provided possible community directions for review by the steering committee. The Steering Committee used the information to move to the Step Two of the three step planning approach. Page 33 The second step is the identified community stakeholders and possible actions necessary to end chronic homelessness. Upon review of other successful planning processes to end chronic homelessness, the steering committee decided to approach local elected officials to sponsor and convene the community planning process. The DCHC is in the process of completing this step of the three step planning approach. The third step is to convene a large community meeting for all identified stakeholders to review, modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC expects the community plan to end-chronic homelessness will build from current programs and services available. The Denton County Homeless Coalition has identified several obstacles to ending chronic homelessness including lack of major substance abuse services, healthcare services, and transportation. These items present significant barriers in moving the chronic homeless from experiencing homelessness to maintaining a stable environment. DISCHARGE PLANNING The Steering Committee inquiry in to current discharge policies of local institutions raised awareness regarding the lack of policies, policies of theory and not practice, and existing agreements or practices for discharge. Steering Committee research discovered: The nearest mental health institution places the responsibility of discharge on clients place of origin mental health center, The state's foster care program uses a legal statute as a discharge plan and no children should age out of foster care to the street, Local hospitals developed relationships with local non-profits for clients to be discharged with prescription assistance and to available service; A church reported a local police department dropped off a homeless man in the field behind the church. Since the current discharge policies are widespread and vary, the DCHC steering community felt that a community plan would be the best way to start the discussion of a unified discharge polices. The steering committee decided to include discharge planning as a component of the ten-year plan to increase visibility and support for a community approach to coordinated discharge practices. Page 34 City of Denton Continuum of Care Housing Gaps Analysis Chart Current Under Unmet Need/ Inventory in Development in Gap 2004 2004 Individuals Emergency Shelter 25 0 39 Beds Transitional Housing 0 0 26 Permanent Supportive Housing 38 0 33 Total 63 0 98 Persons in Families With Children Emergency Shelter 40 0 59 Beds Transitional Housing 92 0 64 Permanent Supportive Housing 8 0 28 Total 136 0 151 Continuum of Care Homeless Population and Subpopulations Chart 2004 Sheltered Un- Emergency Transitional sheltered Total Part 1: Homeless Population (n) (n) ~ 1. Homeless Individuals i8 ~3 32 2. Homeless Families with Children 3 23 28 2a. Persons in Homeless with Children Families !4 66 84 Total (lines 1 + 2a) 32 67 17 116 Part 2: Homeless Subpopulations Sheltered Un-sheltered Total 1. Chronically Homeless 0 1 2. Severely Mentally III 5 3. Chronic Substance Abuse 2 0 2 4. Veterans 2 0 2 5. Persons with HIV/AIDS 0 0 5. Victims of Domestic Violence 0 14 7. Youth (Under 18 years of age) 0 0 0 Page 35 Lead-Based Paint Hazards In DeNon, it is estimated that there are 9,714 existing housing units built from 1960 through 1977, 3,865 units built from 1940 through 1959 and 1,290 units built before 1940. Of those units it is estimated that 3,904 could present significant LBP hazards and at least 50 percent, or 1,952 units with significant lead-based paint hazards are occupied by renter and owner target households (incomes below 81 percent of the area median income adjusted for family size). Lead-based paint hazard is defined as any condition that causes exposure to lead from lead- contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. Number of Occupied Housing Units - By Year Built U~it~ Post 1979 8,285 6,255 14,540 1979 (SF and MF Units Built per Bldg Inspections) 809 190 999 1978 (SF and MF Units Built per Bldg Inspections) 199 293 492 1960-1977 (moderate LBP Hazards) 6,028 3,686 9,714 1940-1959 (Significant LBP Hazards) 2,036 1,829 3,865 Pre 1940 (greatest LBH Hazards) 656 634 1,290 Total Units 17,357 12,253 29,610 Source: 2000 Census Sample Data QT-H7.Year Structure Built, Denton city, Texas; City of Denton Building Permit Data for 1978 and 1979 The lead-based pain strategy ensures the preservation of affordable housing through inspections, testing, rehabilitation and lead hazard reduction activities to sustain safe, livable housing. The lead- based pain strategy was developed after consultation with several local service providers including the Denton County Health Department, Denton Affordable Housing Corporation and the Denton Housing Authority. In addition, letters regarding the Demon's lead strategy, staff capabilities and regulating information regarding disclosure and inspections have been sen to local physicians and rental property owners/managers. These entities have been encouraged to actively participate in a comprehensive lead-based pain hazard reduction effort aimed at meeting the 2010 goal to end childhood lead poisoning in the Demon community. Both minor and major rehabilitation, reconstruction and down paymeN and closing cost assistance activities are available through HUD-funded programs in Denton for owner and renter-occupied properties. All projects assisted through the City of Denton Community Development Division will comply with the HUD Lead Safe Housing Rule, 24 CFR 35, subparts B through R and the State of Texas §295.201-220 Texas Environmental Lead Reduction Rules for units built before 1978. The City of Denton has two staff persons who are state certified lead risk assessors and one is a certified lead abatement project designer. The City owns an X-Ray Fluorescent (XRF) lead analyzer and utilizes a certified lab for soil and dust sample testing. Page 39 In the next five years it is estimated that 42 units will be ideNified as safe from lead-based pain hazards as follows: four (4)ReNal Rehabilitation projects, 15 first time homebuyers, 13 owner- occupied rehabilitation/reconstructions and 10 owner-occupied minor repairs. These projects may include lead-based pain abatemeN and hazard reduction as well as first time homebuyer properties built before 1978 that pass visual pain inspection. All pre-1978 built properties known or presumed to have lead-based pain where project disturbs pain must comply with Federal and State regulations regarding lead-based pain and pass clearance testing at project completion. The City maiNains a database on the lead-based pain status of all pre-1978 built properties that have been assisted with federal CDBG and HOME graN funds. In addition to lead hazard reduction activities, staff spends approximately two to three hours a week doing community outreach and education regarding the dangers of lead pain in housing. Page 40 NONHOUSING COMMUNITY DEVELOPMENT STRATEGY Human Services Denton has a very effective human service delivery system. Local organizations work cooperatively to achieve established goals for the community. The City of DeNon recemly collaborated with United Way of Denton County to complete a community assessment. The assessmem idemified community use of services and needs from a variety of perspectives to assist both organizations in targeting of scarce human service dollars. Human services activities in DeNon are influenced by the city council-appoimed Human Services Advisory Committee. The purpose of the HSAC is as follows: · To encourage interaction between community groups to bring about improvements in the human services delivery system; · To provide a forum that promotes better communication and coordination among human services organization; · To work closely with other funding organizations to coordinate funding efforts within the City; · To encourage in-depth evaluation of the effectiveness of the human service delivery system; and · To recommend action for implememation that would improve human services in the City of Denton. Due to the efforts of HSAC the City of DeNon curremly supports a variety of services with CDBG and City of DeNon general funds including: · Advocacy services for abused children · After school care and activities for at-risk youth · Domestic violence prevention · Elderly meals services, housekeeping and volumeer support services · Emergency food and utility assistance · Health Care · Homeless services · Infam, toddler and preschool childcare · Homeless Management Information System · Services for persons with memal and physical disabilities · Summer playground programs targeted to at-risk youth · Transitional housing The human services strategies idemify priority services and goals for the five-year period. Page 42 :::::::::::::::::::::::::::::::::::::: Public Infrastructure and Public Services Facility Improvements Goals for infrastructure and facility improvements continue to be as follows: · Correction of deficiencies affecting the health and safety of neighborhood residents; · Improvement of accessibility for persons with disabilities; · Improvement of human services facilities; · Extension of infrastructure for affordable housing activities; and · Extension of infrastructure for economic development activities. The Community Development Advisory Committee makes decisions regarding funding priorities and City Council based on several factors: · Recent public input (including citizen surveys) regarding infrastructure and facility needs; · Project provides a substantial benefit to low and moderate-income persons; · Project would not be carried out in a timely manner without the use of CDBG funds; · There is a reasonable cost per household benefit; and · CDBG funds leverage funding from other resources. Residents have also indicated that demolition of substandard housing continues to be a major concern. The City will continue to demolish substandard buildings to improve the appearance and safety of neighborhoods. This will reduce the number of condemned, vacant, substandard structures, and clear lots of trash and debris. Page 45 Anti-Poverty Programs and Economic Development According to the 2000 Census, DeNon had twice the number of families living below the poverty threshold compared to other communities in DeNon County. Though this is a lower percemage than in 1990, it indicates an obvious need to provide programs designed to support higher paying employmem and support services for lower-income residems. The DeNon County Homeless Coalition has developed a strategy that includes collaborative efforts to prevent homelessness. The strategies support planning for self-sufficiency and include transitional housing, budget and job counseling. The City's CDBG-funded Microemerprise Loan Program as a componem of the larger economic developmem strategy provides funds for businesses with fewer than five employees (including the owner) to start or expand their small business. Denton's current economic strategy is designed to bring higher paying employmem positions into the area. Medical services, including the completion of the new DeNon Presbyterian Hospital, will be a focus for the next several years. Community Developmem will cominue to participate in small business informational fairs that provide information to those who currently own or would like to start a new small business and need information on legal issues, taxes, small business loans and how to develop a business and marketing plan. Page 47 BARRIERS TO AFFORDABLE HOUSING The Denton Plan, 1999 - 2020 Comprehensive Plan of the City of Denton The following statemems included in the Denton Plan support the developmem and maimenance of affordable housing opportunity including special needs housing: "Residemial developmem that establishes a variety of lot sizes, dwelling types and housing prices should be encouraged." "DeNon will cominue to encourage a range of housing types and densities in order to respond to the needs and desires of its' residems." "The plan encourages infill developmem, restoration and redevelopmem within the existing cemer city and surrounding the universities." "Housing should be allowed within all land-use districts except for industrial districts." "The plan recommends that that existing neighborhoods within the city be vigorously protected and preserved." "Residemial uses will occur within the dowmown university core, community mixed use cemers, regional mixed use center, and employment centers." "Accommodate 27,000 single-family homes and 18,000 multifamily units by the year 2020 to bring the ratio of single to multifamily housing from 51:49 in 1998 to 58:42 in 2020." "Accommodate multifamily residemial developmem in a variety of forms." "Multifamily uses should be located in small groupings around the City in a manner that provides a mix of uses and densities rather than concemrating all multifamily uses in one area which can have negative impacts upon the city." The following Housing Policies are incorporated imo the plan: · Alternative types of housing that respond to the differing economic and individual life-styles of Demon's citizens should be developed in all areas of the city to achieve balance and diversity; · Homes that vary in lot size, building size, and cost may be permitted in new developmem; · Existing housing stock, particularly for affordable housing, should be protected and preserved to avoid the loss of dwelling units that are unlikely to be replaced; · Incentives should be investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans; Page 49 · Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives; · City review and inspection fees should be reviewed to determine if changes could be made to ease affordable home construction costs. Such a program should be undertaken only if benefits are passed on to low and moderate-income homebuyers; · The need to provide enough land to meet housing demand should be balanced by the desire to maimain unique urban patterns, character and neighborhoods of the city; · The range of housing types available for the specialized needs of the elderly, disabled, low- income, studems, single-person, or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods; · Areas where higher housing densities are allowed should be supported only after the availability of employmem, commercial services, schools, public utilities and facilities, and transit, pedestrian, and bicycle systems has been addressed. Residemial land use goals and strategies increase housing opportunities in the core area of the city, allow urban-style (townhomes, duplexes, single-family detached) in mixed-use districts and seek to preserve existing single-family housing stock within the city. One of the key land use principles affecting affordable housing states that "DeNon is a city for all types of people and all types of uses." "To accommodate all types of people, a city must allow all types of housing." Zoning Standards In February 2002, the City of DeNon adopted the DeNon Developmem Code, a documem that unifies elements of zoning, subdivision regulation, environmental protection, site design standards, and other development regulations. The code is one of several implementation tools used to achieve land use and housing goals and strategies put forth in The Denton Plan. The zoning regulations comain nineteen districts with a variety of use categories within each district. The regulations move away from minimum lot size zoning districts to maximum housing density per district allowing a flexibility of design to attract a wider market in housing product. The districts are based on the concept of neighborhoods that combine a mix of residemial densities and housing types. Mixed-use structures are encouraged in many of the districts allowing the developmem of retail or office on lower floors with multi-family residemial above. The concepts behind the zoning districts strive to encourage a diversity of population and income levels, accessibility to employmem, recreation, school and community uses, and connection to public transit. The mixed-use nature of these districts requires specific site development and design criteria, imer-subdivision consistency, vehicular accessibility, and walkability linking neighborhoods together. Tax Rates The following table provides a comparison of DeMon's 2003-2004 tax rate to the rates of 33 other Dallas-Ft. Worth area cities. DeMon's tax rate of .54815 for the city and 2.65932 combined city/county/school district cominues to be competitive with municipalities located in the Dallas/Fort Worth metroplex. Page 50 2003-2004 PROPERTY TAX RATES (by municipal tax rate) ~i~ jan! 2003 p~pe~ C~fifi~d ~abl~ ~a~ble Val~ Populafio~ Ta~ Rate Values P~ capita Fort Worth 577,544 0.86500 $24,930,849,084 $43,167 Duncanville 36,300 0.71800 $1,568,548,288 $43,211 Dallas 1,257,907 0.69980 $65,951,027,011 $52,429 Lancaster 28,700 0.67170 $1,124,612,533 $39,185 Grand Prairie 170,555 0.66998 $6,716,102,006 $39,378 De Soto 41,100 0.65879 $2,299,488,509 $55,949 Crowley 8,350 0.65740 $338,149,351 $40,497 Coppell 39,292 0.64860 $3,685,595,875 $93,800 Arlington 352,450 0.64800 $4,776,690,195 $41,926 Cedar Hill 38,055 0.64140 $2,026,825,421 $53,260 Garland 222,447 0.64110 $9,234,966,612 $41,515 Rowlett 56,625 0.64000 $2,686,223,792 $47,439 Carrollton 163,571 0.59930 $8,139,613,187 $49,762 McKinney 73,550 0.59800 $5,571,651,128 $75,753 North Richland Hills 59,800 0.57000 $2,975,629,172 $49,760 Allen 56,750 0.56100 $4,432,99,647 $78,115 Corinth 15,800 0.54975 $1,134,942,610 $71,832 Mesquite 129,650 0.54148 $5,614,971,705 $43,309 Irving 197,850 0.53280 $13,766,259,462 $69,579 Hurst 36,750 0.49900 $1,874,364,645 $51,003 Euless 49,750 0.49500 $2,069,693,324 $41,602 Richardson 119,751 0.47785 $8,458,454,017 $70,634 Southlake 24,630 0.46200 $3,537,817,808 $143,639 Farmers Branch 28,000 0.46000 $3,558,212,393 $127,079 Plano 241,538 0.45350 $20,398,670,327 $84,453 Lewisville 84,117 0.45050 $5,034,162,041 $59,847 Flower Mound 57,700 0.44970 $4,880,173,018 $84,578 Frisco 68,618 0.43200 $7,528,041,968 $109,709 Addison 14,750 0.42280 $2,890,562,686 $195,970 Grapevine 43,600 0.36600 $4,880,107,595 $111,929 Rockwall 22,850 0.36000 $1,998,462,449 $87,460 Colleyville 20,150 0.34740 $2,477,061,826 $122,931 University Park 23,300 0.32601 $3,769,405,331 $161,777 Source: 2003-2004 Certified Values from Dallas, Denton, Collin and Tarrant County Central Appraisal Districts Population Source: North Central Texas Council of Governments, January 1, 2003 population estimates. Page 51 Building Code Requirements The City of Demon building code requiremems are reviewed on a regular basis by city staff and the Construction Advisory and Appeals Board. The Construction Advisory and Appeals Board is a council-appoimed citizen committee. Members are generally from the developmem community and are careful to ensure that adopted codes do not discourage development activities. Currem building code requiremems include: · 2000 International Building Code · 2000 International Residential Code · 2000 International Fuel Gas Code · 2000 International Energy Conservation Code · 2000 International Mechanical Code · 2000 International Plumbing Code · 2000 International Fire Code · 1999 National Electrical Code Appendix E on page 66 is a Permit and Inspection Fee Schedule. These fees have been compared to those of other cities in the area and do not appear to be excessive. Impact Fees In 1998 the City of Demon passed ordinances setting up two impact fee programs. The park dedication ordinance requires a paymem in lieu of land of $291 per single-family units and $189 per multifamily unit. Water impact fees have been set at $3,155 to the year 2013. Wastewater impact fees are curremly (2005) set at $1,437. Wastewater fees will increase to $1,893 in 2006 and $2,614 in 2008. An impact fee gram program was set up in 1998. The program provided $100,000 in City of Demon general funds to pay impact fees for affordable housing units constructed by local nonprofit organizations. The impact fee grant program has continued through the 2004-'05 year at a reduced level of funding. Conclusion Though there appear to be no overt barriers to affordable housing, regular reviews of taxes, fees, building codes and zoning regulations is necessary to ensure that unamicipated barriers do not develop. City staff cominues to work with local affordable housing advocates to ensure that their concerns regarding affordable housing opportunities and barriers are addressed. Page 52 INSTITUTIONAL STRUCTURE Institutional Structure Since the first CDBG gram was allocated to the City of Demon in 1984, City staff has worked to develop a comprehensive approach to increasing the availability of services and housing to Denton's low to moderate-income households. Several years ago, Denton participated in a HUD-sponsored program, "Public-Private Partnerships for Affordable Housing." Under the program, the National Developmem Council provided technical assistance to help the City of Denton expand current housing initiatives. Through the efforts of the Community Development staff, the City's Low-Moderate Income Housing Task Force and the National Developmem Council, a new emphasis was placed on the creation of partnerships with other housing non- profits, local lenders, realtors and social service providers. Since that time, several new organizations such as the Demon Affordable Housing Corporation, Habitat for Humanity, Owsley Community School and others have been formed or have increased their efforts to support the expansion of services and affordable housing programs. Efforts have been very successful. Demon has a strong network of housing and social service organizations that form partnerships when specific needs arise that no single agency can meet. They cooperate to coordinate services on a regular basis. Since 1984, the weaknesses in the institutional structure have been ameliorated largely due to these partnerships The organizations curremly involved in the delivery of affordable housing and supportive services are described in the chart below. City of Demon Public The City of Demon administers the Community Developmem Block Gram and HOME programs. Programs administered by the City include homebuyer assistance, owner-occupied home improvement loans, emergency repair and rental rehabilitation. The Community Developmem Division acts as the coordinating body for the City's housing programs, the Demon County Homeless Coalition and various social service initiatives. Community Developmem staff work with the Council- appoimed Community Developmem Advisory Committee to determine effective use of housing and public improvemem dollars. Denton Housing Public DHA administers the Section 8 program for Denton County. Authority They also manage elderly and general housing units that are owned through non-profit subsidiaries. DHA is working to support self-sufficiency programming for their Section 8 households. DHA is also working to provide additional low- income housing in the community. There are no public housing units in Denton. Page 54 Denton County Public DCHFC is a product of a cooperative relationship between the Housing Finance City and Denton County. The not-for-profit corporation raises Corp funds for low imerest homebuyer loans and down paymem assistance available throughout Denton County. Denton County Quasi- Denton County MHMR provides housing and supportive Memal Health/ Public services for persons in the community with special needs. Mental MHMR. Retardation HOPE, Inc. Nonprofit HOPE, Inc. provides transitional housing services to those at risk of becoming homeless. HOPE has administered funding from FEMA, the Emergency Shelter Gram program, City of Demon general fund, CDBG funds and other public and private funding sources to assist households. HOPE, Inc. will be implememing an HMIS function during the five-yr period. Denton Nonprofit DAHC is CHDO certified by the State of Texas and City of Affordable Demon. DAHC administers several programs that provide Housing owner-occupied, remal and special needs housing to residems Corporation of both Demon county and city. They receive funding from several differem sources including City of Demon HOME, DCHFC, Federal Home Loan Bank of Dallas, Texas Housing Trust Funds, Section 811 program and other state and local funding. Habitat for Nonprofit Habitat for Humanity of Demon County has recemly expanded Humanity to serve the entire county. Habitat has been instrumental in bringing additional resources to meet housing needs in Denton. Habitat has received support through City of Denton Impact Fee Gram and HOME funding. Salvation Army Nonprofit Provides emergency shelter to individuals and families using several funding sources including City of Demon funding. AIDS Services Nonprofit Provides housing assistance to households impacted by of North Texas HIV/AIDS. Lending Private Lenders provide financial and cliem support for homebuyer Institutions assistance programs. Local lenders have also provided private support for activities carried out by the Denton Affordable Housing Corporation and the Denton Housing Authority. Most recemly, lenders have agreed to sponsor home ownership classes for low-income households. Realtors Private Local realtors have assisted in the implementation of the homebuyer assistance program. Page 55 Builders, Private Local housing professionals in the building industry participate Developers and in renovation programs administered by both the City and Contractors DAHC. They participate in discussions concerning affordable housing policies and how to make them work. University of Educational Conducted 1997 community needs assessmem. Assists with North Texas Institution homeless count. UNT has administered two Community Omreach Partnership Grants that have included providing supportive and planning services to the Denton Housing Authority. UNT supports and is educating the community regarding "Green Building." Texas Woman's Educational Conducted 1999-2000 community resources assessmem with a University Institution focus on housing issues. Routinely assists with homeless count involving studems in the process. Denton Housing Authority The City of DeNon and the DeNon Housing Authority have an informal working relationship. Any efforts to collaborate are based on need and opportunity and the willingness of both organizations. DHA and the City of Denton attempt to work together on issues of mutual concern. The community development administrator acts as the Mayor's liaison to the Denton Housing Authority and also participates on the Self Sufficiency Program advisory committee. The mayor of the City of DeNon is responsible for appoiming the DeNon Housing Authority Board of Directors. The DHA Board of Directors is responsible for hiring a chief execmive officer. The CEO makes all other hiring decisions. Policies and decisions regarding comracting and procuremem are also the responsibility of the DHA Board and staff. All proposed developmems by the DeNon Housing Authority must comply with City land use regulations including the recemly adopted DeNon Plan and locally-adopted building codes. Proposed DHA developmems go through the same process as private industry developmems. Demolition permits are required. There are no public housing developmems in the City of DeNon. Community developmem staff reviews DHA's comprehensive plan for consistency with the Consolidated Plan for Housing and Community Developmem. A recommendation is forwarded to the city manager regarding approval of the documem. Page 56 Gaps Assessment Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Housing organizations often compete for resources when coordination and partnership efforts would be more effective. Action to overcome gap: Continue to encourage participation in the Denton Housing Coalition and attempt to expand participation to support the North Texas Housing Coalition. Work with agencies and continue to support partnership effbrts. 2. Need for more effective coordination between emergency assistance agencies. Action to overcome gap: Administer Supportive Housing Program funding awarded to develop HMIS. Work with HOPE, Inc. to expand network of organizations participating in HMIS. o Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Contractor training along with additional funding targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program. Action to overcome gap: Request additional funding where available to train contractors and pay increased costs. Work with training organizations to promote training opportunities to local contractors and employees. 4. Lack of shelter facilities for families and youth. Action to overcome gap: Support work of Denton County Homeless Coalition in targeting priority services and facilities needed in the area. Assist in grant writing and other forms of fund raising. Administer homeless grant funds when appropriate and support is needed. 5. Need for service coordination and referral services that go beyond activities of HMIS, including application intake, referral and coordinated case management. Action to overcome gap: Research potential sources for provision of coordinated case management services. Support development of service if it is determined to be feasible. 6. Lack of coordination ofhomebuyer/homeowner educational services needed to provide a higher level of information. Action to overcome gap: Investigate a partnership with the Denton Housing Coalition, Denton Affbrdable Housing Corporation and/or the State of Texas to develop a more comprehensive educational program. Page 57 APPENDIX A Priority Housing Needs Summary Table PRIORITY Priority Need HOUSING NEEDS Level Unmet Goals (households) Hish, Medium, Low Need H 835 25 0-30% Small Related H 654 20 31-50% M 424 4 51-80% H 258 8 0-30% Large Related M 117 1 31-50% M 250 3 51-80% Renter M 274 3 0-30% Elderly M 199 2 31-50% L 102 0 51-80% H 2,895 87 0-30% All Other H 1,842 55 31-50% H 849 25 51-80% H 551 17 0-30% Owner H 542 16 31-50% H 956 27 51-80% Total Goals 293 Total 215 Goals 293 Page 58 COMMUNITY DEVELOPMENT NEEDS PRIORITY COMMUNITY DEVELOPMENT Priority Need Estimated $'s NEEDS Level to Address High, Medium, Low, No Such Need PUBLIC FACILITY NEEDS Senior Centers Youth Centers Handicapped Centers Child Care Centers High $1,000,000 Parks and Recreation Facilities Medium $5,000,000 Health Facilities Neighborhood Facilities/Community Centers Facilities for Abused & Neglected Children Medium $250,000 INFRASTRUCTURE IMPROVEMENTS Flood Prevention and/or Drainage Improvements High $500,000 Water/Wastewater System Improvements Medium $250,000 Street Improvements High $1,000,000 Sewer Improvements Medium $250,000 Sidewalks High $300,000 Fire Stations/Equipment Solid Waste Disposal Medium $150,000 Water Services Improvements PUBLIC SERVICE NEEDS Services for Persons with Disabilities Medium $250,000 Transportation Services Medium $250,000 Substance Abuse Services High $250,000 Employment Training Health Services High $1,000,000 Other Public Service Needs Medium $250,000 Page 59 ECONOMIC DEVELOPMENT Job Creation Medium $500,000 Capital Improvement Infrastructure Development Medium $3,000,000 Business Support Services/Technical Assistance High $300,000 Commercial/Industrial Rehabilitation Land Acquisition for Commercial/Industrial Dev Medium $1,000,000 Non-residential Historic Preservation Direct Financial Assr to For-Profit Businesses Micro-Enterprise Assistance Low $75,000 Clean-up of Contaminated Sites High $1,000,000 HOUSING NEEDS Single-Family Residential Rehabilitation High $5,000,000 Improvements for Handicapped Accessibility High $500,000 Residential Property Maintenance/Code Enforcement Medium $100,000 Home Ownership Assistance High $2,500,000 Rental Housing Subsidies High $10,000,000 Homeless/Transitional Housing High $2,500,000 Asbestos Removal Low $250,000 Lead-Based Paint Testing and Abatement Medium $500,000 Residential Historic Preservation Medium $500,000 Multi-Family Unit Rehabilitation High $5,000,000 TOTAL ESTIMATED DOLLARS NEEDED: $43,425,000 Page 60 APPENDIX B CITY OF DENTON COMMUNITY DEVELOPMENT PROGRAM CITIZEN PARTICIPATION PLAN Process To encourage participation from all citizens in the community developmem decision-making process, all activities and opportunities for commem will be published in the DeNon Record- Chronicle. Advisory board meeting notices will be posted at least 72 hours in advance. Service agencies, churches and neighborhood associations will be directly informed of these opportunities, often through an article or announcemem in the Community Developmem Update newsletter that is disbursed to approximately 1500 residents and employees. The newsletter is also available to all residents on the City's website. Low and moderate-income households are targeted through the circulation of the newsletter to past cliems and those on waiting list, churches and neighborhood organizations in low and moderate-income neighborhoods. Whenever possible and at least once annually hold public hearings within a low to moderate-income neighborhood. On many occasions staff has canvasses low-income neighborhoods providing information regarding public hearings, program information, etc., to all residems within the neighborhood. Also, the DeNon Housing Authority and other local service agencies are requested to post flyers that encourage participation. The following steps will be taken to encourage participation by minorities, non-English-speaking persons and persons with disabilities. When funding permits, include advertisemems in any additional publications, radio and television stations that target a specific group of citizens, some of who may reside in low- income areas. Advertise Consolidated Plan activities and programs in both Spanish and English. If another significant language minority exists, staff will attempt to translate advertisements to include the language. Provide imerpreters at public meetings when needed. 3. Hold all public meetings in buildings accessible to persons with disabilities. Make program information available in locations accessible to persons with disabilities. 4. Provide a sign language interpreter if requested. The following steps will be taken to obtain commems on the Citizen Participation Plan. 1. The Citizen Participation Plan will be available for review during a published commem period. The period will not be less than 15 calendar days. Page 61 A summary of the plan will be published in advertising form in a newspaper of general circulation. The summary will include a list of locations where the plan will be available for review. 3. Locations may include city hall, public libraries, recreation centers, other City offices and churches. Copies of the plan will be accessible to those in low-income neighborhoods. 4. Upon requested, the Citizen Participation Plan will be in a format accessible to persons with disabilities. 5. All published notices will direct comments to the Community Development Office. Amendments to the Citizen Participation Plan will be published in a newspaper of general circulation. The notice will identify a comment period of not less than 15 days. Comments will be directed to the Community Development Division. At least two public hearings will be held to provide information at different stages of the development. Notifications will be run in advertising form in a newspaper of general circulation. Hearings will be held in various locations throughout the City. All public hearings will be held in census tracts where at least 51% of residents are low and moderate income. All locations will be accessible to persons with disabilities. At least one public hearing annually will be held in a neighborhood that is predominantly minority. Consolidated Plan information is made available to citizens before final approval of the Plan. Information includes the amount of assistance expected to be available and a list of the activities proposed to be included in the Consolidated Plan for the coming fiscal year. The Consolidated Plan will be made available to the public for review and comment. Methods to disseminate the proposed Consolidated Plan will include: A summary of the Consolidated Plan will be published in advertising form in a newspaper of general circulation. Additional notices of the Plan's availability will be advertised on the local cable television network and local radio broadcasting stations. The summary and additional notices will include information on the thirty-day comment period including dates of the comment period, plan locations and where to direct comments and questions. Locations where the Consolidated Plan will be made available for citizen review may include: city hall, local libraries, recreation centers, churches and other public facilities. All locations will be in areas where at least 51% of the residents are low to moderate income. There will be at least three locations available for plan review. The Consolidated Plan will also be available for review on a citizen computer disk. 4. All comments will be considered and a summary of comments will be included in the Plan and reasons for non-acceptance. Page 62 Any substamial change to the activities described in the Consolidated Plan will require a formal amendmem approved by City Council. Substamial changes include the following: 1. Any transfer of funds over 10% of the total gram allocation for the fiscal year in which the activity was funded. 2. Cancellation of a planned activity. 3. Addition of a new activity not previously proposed for public review. 4. Change in the primary purpose or scope of an activity, such as a change in imended beneficiaries or organizational support. 5. Any increase or decrease in a proposed allocation (HUD graM) that is over 1% of the total allocation for the fiscal year. Amendmems will be published in a newspaper of general circulation at least 30 days before a request for city council approval. All commems received will be provided to city council. Technical assistance will be provided to all persons who wish to develop a proposal for Community Developmem Block Gram and/or HOME funds. Any proposal requiring technical assistance from other departmems will be forwarded to that departmem by Community Development staff. Proponents of the proposal will also be given a key contact within the departmem as liaison on the request. A proposal will be developed and submitted to either the Community Developmem Advisory Committee or the Human Services Advisory Committee for review and recommendations. Any citizen or group who wishes to file a complain concerning any aspect of the Community Development program may contact the Community Development Division. Complaints may be in writing or made verbally to any member of the Community Developmem staff. Staff may request that verbal comments be repeated for clarification. Responses to each complaint will be determined within 15 days of receipt of the complaiN. Page 63 APPENDIX C RENTAL REHABILITATION TARGET AREA MAP [Denton, Texas[ iRCULE! Page 64 APPENDIX D HOUSING REHABILITATION TARGET MAP Denton, TexasI Page 65 APPENDIX E CITY OF DENTON PERMIT AND FEE SCHEDULE AS OF SEPT. 2003 Table Table Table Table Table Table Table Table Table Table Table 1 - Permit Fees for 1 & 2 Family Dwellings Table 2 - Permit Fees for Multi-Family Dwellings Table 3 - New Commercial Building Permit Fees Table 4 - Electrical Permit Fees Table 5 - Mechanical Permit Fees Table 6 - Plumbing Permit Fees Table 7 - Miscellaneous Fees Table 8 - Additions/Alterations/Fire Damage Table 9 - Sign Permit Fees 10 - Consumer Health Permit Fees 11 - Engineering Inspection & Parking Lot Fees 12 - Water Tap & Meter Fees 13 - Water Tap Fees 14 - Wastewater Tap Fees 15 - Water/Wastewater Impact Fees 2003-2013 16 - Water Impact Fees 2003-2013 17 - Wastewater Impact Fees 2003-2006 18 - Wastewater Impact Fees 2006-2008 19 - Wastewater Impact Fees 2008-2013 Type Permit Fee Revenue Code 1. Permit Fee $450.00 4116 PB 2. Plan Review Fee $60.00 4474 PV 3. Temporary Power Pole $15.00 5068 MU $35.00 $20.00 4. Temporary Utilities Fee 5. Fence Permit 4138 PM 4128 PF 2. Plan Review Fee Total Valuation* 1. $1to $100,000.00 2. $100,000.01to $500,000.00 3. $500,000.01to $1,000,000.00 4. $1,000,000.01 and up Fee $411.00 for the first $50,000.00 plus $3.00 for each additional $1000.00 or fraction thereof $561.00 for the first $100,000.00 plus $2.00 for each additional $1000.00 or fraction thereof $1361.00forthe first $500,000.00 plus $5.00foreach additional $1,000.00 or kactionthereo[ to and including $1,000,000.00 $5141.00 for the first $1,000,000.00 plus $3.25 for each additional $1,000.00 or fraction thereof Revenue Code 4116 PB 4116 PB 4116 PB 4116 PB Page 66 5. Reserved Reserved 6. Reserved Reserved 7. Reserved Reserved 8. Reserved Reserved *Building Valuation Data shall be based on the most current Building Standards Magazine, year-end issue as published by the International Conference of Building Officials. 9. Inspections outside of normal business hours 10. Plan Review Fee 11. For the use of outside consultants for plan checking and inspections or both $40.00 per hour/Min. 2 hours (Min. Fee $80.00) 50% of the Building Permit Fee (Min. fee $60.00) Actual Cost 4116 PB 4474 PV 4474 PV Type HP Permit Fee Revenue Code 1. Minimum Fee $35.00 4424 PE 2. Outlets < 100 $0.20 4424 PE (each) 3. Outlets >100 $0.15 4424 PE (each) 4. Service Per Amp $0.06 4424 PE 5. Heater $2.00 4424 PE 6. Dishwasher $2.00 4424 PE 7. Dryer $2.00 4424 PE 8. Disposal $2.00 4424 PE 9. Motors 0-5 hp $3.75 4424 PE 10. Motors 5-10 hp $6.00 4424 PE 11. Motors >50 hp $20.00 4424 PE ~abl~ 5 M~hanieal ~e~i~ ~ee~ Type Permit Fee Revenue Code 1. Minimum Fee $35.00 4130 ME 2. Heating Units <100,000BTU (each) $9.00 4130 ME 3. Heating Units > 100,000BTU (each) $11.00 4130 ME 4. Heating Units Suspended $9.00 4130 ME Central Air AC Units (each) 5. <500,000BTU/41.6 Tons $16.50 4130 ME 6. <l,750,000BTU/145.8 Tons $33.50 4130 ME 7. >l,750,000BTU/145.8 Tons $56.00 4130 ME 8. Exhaust Fans $4.50 4130 ME 9. Appliance Vent $4.50 4130 ME 10. Vent/Grease Hood $6.50 4130 ME Page 67 Air Handlers (each) 11. <10,000 CFM $6.50 4130 ME 12. >10,000 CFM $11.00 4130 ME BTU rating shall be based upon the input rating of the unit. Table Type Permit Fee Revenue Code 1. Minimum Fee $35.00 4426 PP 2. Per Fixture/Boiler $7.00 4426 PP 3. Lawn Sprinkler System $35.00 4426 PP ~able~ M i g~ el l aneoug F egg Type Permit Fee Revenue Code 1. Curb Cut Permit $51.00 4120 EX 2. Fence Permit $20.00 4128 PF 3. Temporary Gas/Electric $35.00 4138 PM 4. Certificate of Occupancy $50.00 4132 CT 5. House Moving Permit $35.00 4110 MV 6. Residential Demolition Permit $35.00 4112 DM 7. Commercial Demolition Permit $50.00 4112 DM 8. Pool/Spa/Hot Tub $75.00 4114 PT 9. Re-inspection Fee $20.00 4422 FR 10. Variance Filing Fee $150.00 4134 ZV 11. Landscape Fee $50.00 4136 PL 12. Mobile Home Park License $205.00 + $4.10 per 4122 MH stand 13. Electrical Journeyman License (new) $20.00 4118 EP 14. Electrical Journeyman License $20.00 4118 EP (renewed) 15. Electrical Master License (new) $100.00 4118 EP 16. Electrical Master License (renewed) $20.00 4118 EP 17. Electrical Contractor License $80.00 4118 EP 8 ~dditiong~tgrafiOas/Fire a~agg Type Min. Fee Permit Fee Plan Review Fee Revenue Code 1. 1 &2Family $35.00 $0.14persqft $60.00 4116PB Dwellings 2. Triplex & $35.00 $0.17 per sq ft $60.00 4116 PB Townhouse 3. Multi-Family (4 $35.00 $0.17 per sq ft 50% of Permit, 4116 PB units & above) Min. $60.00 4. Commercial $35.00 $0.17 per sq ft 50% of Permit, 4116 PB Buildings Min. $60.00 Page 68 Type Permit Fee Revenue Code 1. Sign License $50.00 4124 PS 2. Off Premise signs on State $100.00 4124 PS Highways: Annual Review All Other Sign Permits 3. 0-60 sq ft $35.00 4124 PS 4. 60-120 sq ft $55.00 4124 PS 5. 120-250 sq ft $75.00 4124 PS 6. >250 sq ft $110.00 4124 PS 7. Wind Device Permits $35.00 4124 PS 8. Special Exception Petition $250.00 per request 4124 PS 9. Sign Variance Petition $250.00 per variance 4124 PS 10. Sign Appeal Petition $250.00 per appeal 4124 PS 11. Special Sign District $225.00 4124 PS 12. Sign Installed Without Permit Scheduled Fee Doubled 4124 PS Table I0 c onsu Type of Establishment Permit Fee Revenue Code 1. Food Handler Permit $15.00 4102 HC 2. Pool Managers Certification $35.00 4418 S2 3. Beer & Wine Permits $25.00 processing Fee (new 4146 BW applications) $87.50 on-premise $30.00 off-premise $125.00 late night permit fee $75.00 beer only Restaurant 4. <2000 sq ft GFA $310.00 4414 H1 5. >2000 sq ft GFA $485.00 4414 H1 Grocery Store 6. <12,000 sq ft GFA $325.00 4414 H1 7. >12,000 sq ft GFA $450.00 4414 H1 8. Convenience Store without deli $250.00 4414 H 1 9. Convenience Store with deli $300.00 4414 H1 10. Concession Stand, snow-cone $175.00 4414 H 1 stand or similar structure 11. Daycare $150.00 + $1.00 per child 4414 H1 12. Nursing Homes + all others $275.00 4414 H1 13. Seasonal Permit Fee $75.00 4414 H1 14. Temporary Permit $20.00 4414 H1 15. Application fee for new $250.00 4414 H1 establishment I 16. Bar I $250.00 4414 H1 Page 69 Inspection Type Inspection Fees Revenue Code 1. Repairs of Construction in $35.00 per hour Right-of-Way 2. Overtime (after 5:00 pm on $50.00 per hour weekdays & weekends) Parking Lot Permit Permit Fees Revenue Code 3. 1-50 spaces $100.00 4108 PK 4. 51-100 spaces $200.00 4108 PK 5. 101-250 spaces $300.00 4108 PK 6. 251-500 spaces $400.00 4108 PK Fees for Appeals and Variances to Traffic Safety Commission 7. Fee Per Appeal/Variance I $250.00 ! ~abl~ i2 ~ater Tap Meter Fees Application: This schedule applies to the installation, removal or relocation of water taps and meters by the City of Denton Utility Department at the request of a person, firm, association or corporation. Tap and Meter Fees: Any person, association of persons, or corporation that requests a water main tap, water meter or water meter loop, be removed, installed or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: Water Taps with Meter: Size of Tap & Meter Paved Street Unpaved Street Revenue Code 3¼ inch $1,410.00 $595.00 5104 TW 1 inch $1,625.00 $730.00 5104 TW 1 lA inch $2,055.00 $1,085.00 5104 TW 2 inch $2,275.00 $1,410.00 5104 TW Water Meter Fees: Size of Meter Meter Fees Revenue Code 3A inch $305.00 5104 TW 1 inch $375.00 5104 TW 1 lA inch $490.00 5104 TW 2 inch $630.00 5104 TW Water Meter Relocations: Size of Meter Relocation of 10 Feet or Less Revenue code 3A inch $285.00 5104 TW 1 inch $285.00 5104 TW 1 lA inch $340.00 5104 TW 2 inch $390.00 5104 TW Page 70 Size of Tap Paved Street Unpaved Street Revenue Code 4 inch $2,705.00 $1,625.00 5104 TW 6 inch $2,920.00 $1,895.00 5104 TW 8 inch $3,895.00 $2,815.00 5104 TW 12 inch $4,865.00 $3,730.00 5104 TW Tabl~ I4 ~ast~a~er ~ap~ wi~h ~ l~anout Size of Tap Paved Street Unpaved Street Revenue Code 4 inch $2,000.00 $1,410.00 5206 TS 6 inch $2,110.00 $1,570.00 5206 TS 8 inch $2,220.00 $1,730.00 5206 TS 10 inch $2,380.00 $1,865.00 5206 TS Manhole Breakout Fee 6"- 12" Line I $165.00 I I 5206 TS Water and Wastewater Impact Fees - 1998-2003 For a new development for which a final plat recordation occurred on or after September 15, 1998, but before May 29, 2003, and for which no new service units have been added, impact fees for water and wastewater can be calculated according to Table 15 below: Water Meter SFE 's per Net Cost Net Cost per Net Cost Net Cost Size meter per SFE - SFE - per Meter per Meter Water Wastewater Water Wastewater 5/8" x 3¼- 1 $2,044.00 $483.00 $2,044.00 $483.00 1" 2.5 $2,044.00 $483.00 $5,110.00 $1,208.00 1 ½" 5 $2,044.00 $483.00 $10,220.00 $2,415.00 2" 8 $2,044.00 $483.00 $16,352.00 $3,864.00 3" *See Below 4" *See Below *The City of Denton has adopted several methodsjbr calculating water and wastewater impact fees. Any project involving meters 2" and larger should obtain impact fee calculations jbom Tim Fisher at (940)349-7190 or David Wachal at (940)349-7107 at the City of Denton Water Departmen~ Water Impact Fees 2003-2013 For a new development for which final plat recordation occurred prior to September 15, 1998, on or after May 29, 2003, or for any new development which is not subject to Section 1, the impact fee per service unit for water can be calculated according to Table 16 below: Page 71 Water Meter SFE's per Meter Type Typical Net Cost per Net Cost per Size Meter Land Use SFE Meter 5/8" x 3¼,, 1 Positive Residential $3,155.00 $3,155.00 Displacement 1" 2.5 Positive Residential - $3,155.00 $7,887.50 Displacement Commercial 1 ½" 5 Positive Commercial $3,155.00 $15,775.00 Displacement 2" 8 Positive Commercial $3,155.00 $25,240.00 Displacement 3" *See Below Venturi Commercial 3" *See Below Compound Commercial - Industrial 4" *See Below Turbine Commercial - Industrial *The City oj'Denton has adopted several methodsjbr calculating water and wastewater impact fees. Any project involving meters 2" and larger should obtain impact fee ealculations jbom Tim Fisher at (940)349-7190 or David Waehal at (940)349-7107 at the City oj'Denton Water Department Wastewater lmpact Fees for Zone 1 and Zone 2 service areas 2003-2006 For a new development for which final plat recordation occurred prior to September 15, 1998, on or after May 29, 2003 thru May 28, 2006, the impact fee per service unit for wastewater can be calculated according to Table 17 below: Zone 1 Zone 2 Water Meter SFE 's per Net Cost per Net Cost Per Net Cost per Net Cost per Size Meter SFE Meter SFE Meter 5/8" x 3¼,, 1 $1,437.00 $1,437.00 $1,437.00 $1,437.00 1" 2.5 $1,437.00 $3,592.50 $1,437.00 $3,592.50 1 ½" 5 $1,437.00 $7,185.00 $1,437.00 $7,185.00 2" 8 $1,437.00 11,496.00 $1,437.00 $11,496.00 3" *See Below 3" *See Below 4" *See Below *The City oj'Denton has adopted several methodsjbr calculating water and wastewater impact fees. Any project involving meters 2" and larger should obtain impact fee calculations jbom Tim Fisher at (940)349-7190 or David Wachal at (940)349-7107 at the City oj'Denton Water Departmen~ Page 72 Wastewater Impact Fees for Zone 1 and Zone 2 Service Areas 2006 - 2008 For a new development for which final plat recordation occurred prior to September 15, 1998, on or after May 29, 2006 thru May 28, 2008, the impact fee per service unit for wastewater can be calculated according to Table 18 below: Zone 1 Zone 2 Water Meter SFE 's per Net Cost per Net Cost per Net Cost per Net Cost per Size Meter SFE Meter SFE Meter 5/8" x 3¼- 1 $1,570.00 $1,570.00 $1,893.00 $1,893.00 1" 2.5 $1,570.00 $3,925.00 $1,893.00 $4,732.50 1 ½" 5 $1,570.00 $7,850.00 $1,893.00 $9,465.00 2" 8 $1,570.00 $12,560.00 $1,893.00 $15,144.00 3" *See Below 3" *See Below 4" *See Below *The City of Denton has adopted several methodsjbr calculating water and wastewater impact fees. Any project involving meters 2" and larger should obtain impact fee calculations jbom Tim Fisher at (940)349-7190 or David Wachal at (940)349-7107 at the City of Denton Water Department Wastewater Impact Fees for Zone 1 and Zone 2 Service Areas 2008 - 2013 For a new development for which final plat recordation occurred prior to September 15, 1998, on or after May 29, 2008 thru May 28, 2013, the impact fee per service unit for wastewater can be calculated according to Table 19 below: Zone 1 Zone 2 Water Meter SFE 's per Net Cost per Net Cost per Net Cost per Net Cost per Size Meter SFE Meter SFE Meter 5/8" x 3¼- 1 $1,703.00 $1,703.00 $2,614.00 $2,614.00 1" 2.5 $1,703.00 $4,257.50 $2,614.00 $6,535.00 1 ½" 5 $1,703.00 $8,515.00 $2,614.00 $13,070.00 2" 8 $1,703.00 $13,624.00 $2,614.00 $20,912.00 3" *See Below 3" *See Below 4" *See Below *The City of Denton has adopted several methodsjbr calculating water and wastewater impact fees. Any project involving meters 2" and larger should obtain impact fee calculations jbom Tim Fisher at (940)349-7190 or David Wachal at (940)349-7107 at the City of Denton Water Department For any additional information on water/wastewater tap fees please call Loyd Ritchson at 940- 349-7176. For any additional information on impact fees please call David Wachal at 940-349- 7107. Page 73 APPENDIX G GLOSSARY ADDI: American Dream Downpaymem Initiative. Affordable Housing: Affordable housing is generally defined as housing where the occupam is paying no more than 30% of gross income for housing costs. CDAC: Community Developmem Advisory Committee. Cost Burden: The extem to which gross housing costs, including utility income, exceed 30% of gross include, based on data available from the U.S. Census Bureau. Community Development Block Grant (CDBG): An annual gram of federal dollars to the City of Demon from the U.D. Dept. of Housing and Urban Developmem. The funds are spend on activities benefiting low and moderate income persons. Continuum of Care: A comprehensive system for moving individuals and families from homeless to permanem housing by providing services (e.g., job training, counseling, budget counseling, education, etc.) DAHC: Demon Affordable Housing Corporation. DCHC: Denton County Homeless Coalition DCHFC: Denton County Housing Finance Corporation. Denton Development Plan: Plan adopted in 1999 that incorporates land use policies particularly applicable to affordable and supportive housing. DHA: Demon Housing Authority. Elderly: A person who is at least 62 years of age. Emergency Shelter: Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless. Emergency Shelter Grant (ESG): HUD provides funds to improve the quality of emergency shelter, to help make available emergency shelter, and to help meet operating costs and costs of essemial social services to homeless individuals. Page 75 Extremely low-income family: Family whose income is between 0 and 30% of the median income for the area, as determined by HUD. Federal Emergency Management Agency (FEMA): Administers funds to local emergency service organization for responses to emergency situations. FHLB: Federal Home Loan Bank of Dallas Frail Elderly: An elderly person (62+) who is unable to perform at least three activities of daily living, such as eating, dressing, bathing, grooming or household management. Gap Financing: Available under the City's Homebuyer Assistance Program and DAHC's Affordable Housing Opportunity Program to lower the interest rate or provide additional down payment assistance to purchase a home. HOME Investment Partnership Program (HOME): An annual grant from the U.S. Dept. of Housing and Urban Development that provides funds for affordable housing projects/programs. Homeless Person: Unaccompanied person 17 years of age or younger who is living in situations described by terms "sheltered" or "unsheltered". Housing Problems: Households with housing problems including physical defects, overcrowding and cost burden. Overcrowding is a housing unit containing more than one person per room. HMIS: Homeless Management Information System. HSAC: Human Services Advisory Committee. HUD: U.S. Department of Housing and Urban Development. Jurisdiction: A state or unit of general local government. Lead-based paint hazard: Any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. LIHEAP: Low Income Housing Energy Assistance Program LIHTC: Low Income Housing Tax Credit. Low Income: Households whose income is below 80% of the area median income. This is referred to as moderate income in the CDBG program). MFE: Multi-family equivalent unit. Page 76 Middle Income: Households whose income is between 80% and 95% of the median income for the areas. MLS: Multiple Listing Service Other Low Income: Households whose income is between 51% and 80% of the area median income. This income level is referred to as moderate income level in the CDBG program. Section 8 Program: The program provides rental assistance. Those who receive the assistance pay no more than 30% of their gross monthly income for rent. Self-Sufficiency: A program designed to provide support services to enable participating families to achieve economic independence and self-sufficiency. Severe Cost Burden: The extent to which gross housing costs, including utility, exceed 50% of gross income. TBRA: Tenant Based Rental Assistance TDHCA: Texas Department of Housing and Community Affairs SFE: Single-family equivalent unit. Very Low Income: Households whose income is between 31% and 50% of the area median income. Page 77 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: April 5, 2005 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT - Z04-0009 (Hinkle Addition) Hold a public hearing and consider adoption of an ordinance rezoning approximately 19.85 acres from the Neighborhood Residemial 4 (NR-4) zoning district to the Neighborhood Residemial Mixed Use (NRMU-12) zoning district with an overlay. The property is located on the east side of Hinkle Drive, approximately 850 feet north of University Drive. The Planning and Zoning Commission recommends denial (6-0). SUPER MAJORITY VOTE REQUIRED FOR APPROVAL. BACKGROUND Applicam: Randall Smith & Associates DeNon, TX The applicant requests to rezone the property to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with an overlay to restrict multi-family uses throughout the subject site. This overlay district is designed to permit all uses in the NRMU-12 zoning district, except multi-family uses. The subject site is located adjacem to existing NRMU-12 and NRMU zoning districts. Civic, commercial, and institutional uses, including a church, a grocery store, banks, offices, assisted living facilities, restaurants, and the fair grounds are located within one-half mile of the site. The applicam requested the delay of the City Council public hearing for approximately seven momhs after receiving a recommendation for denial from the Planning and Zoning Commission on June 23, 2004, for the zoning change described above in order to address neighborhood concerns. Subsequemly, the applicam met with the neighbors and presemed a new site plan for their consideration (see Attachmem 10). Staff was not informed of the meeting and therefore did not attend the meeting and is not in position to convey what issues were discussed. The new site plan shows the proposed lot layout and drainage easement. However, these features do not relate to zoning standards and could not be enforced by a zoning overlay district. The Planning and Zoning Commission cominued/tabled this zoning request twice (see the Chronology section for details) requiring re-notification multiple times. Twenty (20) legal notices were mailed to property owners within 200 feet of the property for the April 28, 2004 Planning & Zoning Commission meeting. Staff received four (4) written responses in opposition, one (1) in favor, and one (1) neutral. Of the land within 200 feet of the subject property 4.7% was in opposition to the request. Staff mailed 20 legal notices to property owners within 200 feet of the property for the June 23, 2004, Planning & Zoning Commission meeting. Staff received eight responses from property owners within 200 feet of the property [six in opposition, one in favor, and one neutral], and forty-five (45) responses beyond 200 feet of the property (all in opposition) for a total of 53 responses. Of the land within 200 feet of the subject property 26.1% was in opposition to the request. Staff re-notified 20 property owners within 200 feet and 53 residents within 500 feet of the subject property and advertised the public hearing in the newspaper due to the time delay between the Planning and Zoning Commission meeting and the City Council meeting on this item. We received additional opposition letters: one (1) from a property owner within 200 feet increasing the percentage of opposition to 26.5%, and one (1) letter in opposition from a property owner beyond 200 feet of the subject property. All the letters received are listed in Attachment 8. Since opposition is over 20% and the Planning and Zoning Commission recommends denial, if the City Council approves the rezoning request, it must be with a super majority vote. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends denial (6-0). ESTIMATED PROJECT SCHEDULE The subject property is not platted. Preliminary and final plats are required prior to issuance of any building permits. PRIOR ACTION/REVIEW The following is a chronology of Z04-0009: June 23, 2004, the Planning & Zoning Commission recommended denial of the request to rezone approximately 19.85 acres from the Neighborhood Residential 4 (NR-4) zoning district to the Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay. May 26, 2004, the Planning & Zoning Commission approved a motion to table the public hearing. April 28, 2004, the Planning & Zoning Commission approved a motion to continue the public hearing so that the applicant could revise the proposal and staff could review the applicability of the overlay district. During this time, staff and the applicant determined that an overlay district was more appropriate in conjunction with a request to rezone the property to NRMU-12. Applicant resubmitted the application using the overlay with multi-family prohibitions. October 20, 2003; the neighboring residents and property owners met with the applicant and expressed concerns regarding increased traffic congestion along Hinkle Drive, the possibility of multi-family development, potential light pollution and the preservation of existing trees. Ordinance 2002-040 adopted February 2002, placed the subject property in the Neighborhood Residential 4 (NR-4) zoning district and land use classification. Prior to the adoption of the Development Code (Ordinance 2002-040), the property was in the Single-Family 16 (SF 16) zoning district. January 21, 1992, City of DeNon City Council approved a request to rezone approximately 19.8 acres from Planned Developmem 95 (PD) classification to Single-Family 16 (SF 16) zoning district (Ordinance 92-011). A specific use permit for a personal health care facility was approved for 4.82 acres of this tract (Ordinance 92-012). March 19, 1985, City of DeNon City Council approved a request to rezone approximately 16.8 acres from Single-Family 10 (SF-10) to Planned Developmem 95 (PD) classification, for the purpose of a retiremem campus (Ordinance 85-62). ATTACHMENTS 1. Staff'Analysis 2. Maps 3. Public Notification (Property Owner Notification Map) 4. Map of Site with Restricted Area 5. Site Photo 6. April 28, 2004, Planning & Zoning Commission Meeting Minutes 7. Comparison Chart for NR-4, NRMU-12 & NRMU Zoning Districts 8. Written Responses to the Request 9. June 23, 2004, Planning & Zoning Commission Meeting Minutes 10. Proposed Site Plan 11. Ordinance Prepared by: Deborah Viera, AICP Planner II Respectfully submitted: Kelly Carpemer, AICP Director of Planning and Developmem ATTACHMENT 1 Staff Analysis Summary_ of Zoning Request The applicant is requesting to rezone approximately 19.85 acres from the Neighborhood Residential 4 (NR-4) zoning district to the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with an overlay. The proposed overlay will restrict multi-family uses throughout the entire lot. Permitted uses within the NRMU-12 zoning district will be permitted, except for multi-family development, which would be restricted. The proposed zoning change would provide approximately 900 feet of NRMU-12 zoning designation fronting along Hinkle Drive. The NRMU-12 district will serve as a continuation of the existing neighborhood center node to the north and east of the site, which includes existing offices, assisted living facilities, and the fair grounds. The property is within walking distance to a community mixed use activity center, which includes the following existing services, restaurants, a church, banks, and a grocery store. The subject property is in compliance with the Denton Plan regarding the typical service area for a neighborhood center and typical housing types. Existing Condition of Property The subject property is undeveloped. An "Environmentally Sensitive Area" and floodplain bisects the site. Drainage improvements will be required on the preliminary and final plats. Adjacent Zoning North: Neighborhood Residential Mixed Use 12 (NRMU- 12) zoning district South: Community Mixed General (CM-G) zoning district East: Neighborhood Residential Mixed Use (NRMU) zoning district West: Neighborhood Residential 3 (NR-3) zoning district Comprehensive Plan Analysis The subject site is located in an "Existing Neighborhoods" future land use area. New development in this district should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. The permitted uses within the Neighborhood Residential Mixed Use 12 zoning district are compatible with the Existing Neighborhoods uses as stated within the Denton Plan. The request to rezone the subject property is compatible with the Future Land Use Plan (Existing Neighborhoods) and with the surrounding zoning designations. The proposed zoning change is in compliance with the Denton Plan. Development Review Analysis Transportation Access to the property is limited to Hinkle Drive. The Mobility Plan does not show connectivity or access in any other direction. Public Infrastructure Adequate utility capacity exists to serve the proposed use. Development Code / Zoning Analysis Based on the current Neighborhood Residential 4 (NR-4) zoning designation, a maximum density of 4 dwelling units per acre is permitted in the form of detached and duplex units. Attached single-family dwelling units (i.e. townhomes) are allowed only with approval of a Specific Use Permit. The NRMU-12 zoning district permits a variety of residential land uses, with a density of 12 dwelling units per acre. In addition, the NRMU-12 zoning district permits commercial and institutional land uses not permitted in the NR-4 zoning district. The chart below illustrates the difference between the two zoning districts. Limitations for each use are explained below the chart. Single Family Dwellings P P SUP Accessory Dwelling Units L (1) L(1) Attached Single Family Dwellings SUP P Dwellings Above Businesses N P Live/Work Units N P Duplexes L (3) P Group Homes N SUP Multi-Family Dwellings N P Bed and Breakfast N L(10) Retail Sales and Service N L(15) Professional Services and Offices N L(14) Laundry Facilities N P Outdoor Recreation P SUP Community Service N P Semi-public, Halls, Clubs, and Lodges SUP L(15) Business / Trade School N N Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School N P Elderly Housing N L(13) Limitations: L (1) - Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2.The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L (3) - In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single-family residence from the street. L(8) - Travelers' accommodations, are permitted, provided that: 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 4 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L (10) - All restrictions of L(8), but limited to no more than 15 guest units. L (13) - Uses are limited to no more than 55,000 square feet of gross floor area per lot. L (14) - Uses are limited to no more than 10,000 square feet of gross floor area. L (15) - Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. The limitations listed above regulate the specifics of each use allowed within the zoning district. Any proposed development on this site is required to be in compliance with the site design standards of the Development Code. An approved site plan for the proposed development will be required prior to the issuance of any building permit. The chart below illustrates the difference between the two zoning districts, with regard to general zoning district regulations: Maximum density, dwelling units per acre Minimum front yard setback 4 20 Feet b (2) 10 Feet 12 10 Feet Minimum rear yard 10 Feet Maximum Building Height 40 feet 40 feet Maximum Lot Coverage 60% 60% Minimum Landscaped Area 40% 40% Limitations: L (2) - For infill lots, the front setback shall be an average of the adjacent lots. Chapter 35.7.3(D) of the Development Code states the creation of an overlay district shall address the following, as applicable: D. Regulations or Design Standards for any Special Purpose and Overlay District shall be designed to reasonably promote the purposes of the district, and may require or address any of the following, in addition to or in lieu of other regulations affecting property within the Special Purpose and Overlay District. 1. Protection of features designated as being of special concern within the district; Mixtures or limitations or permitted uses; Special performance standards and development regulations; Other matters as appropriate to promote the special public interests of the district. The applicant is requesting to rezone the subject property to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with an overlay to restrict multi-family uses. The restricted area will prohibit multi-family uses throughout the entire lot. This overlay district is designed to permit all uses in the NRMU-12 zoning district, while prohibiting multi-family uses. Staff Findings 1. The subject property is in o compliance with the Denton Plan regarding the typical service area for a neighborhood center (up to 1 square mile) and typical housing types (small apartment buildings and town homes). The overlay requirement, prohibiting multi-family uses throughout the entire lot, addresses the concerns of the neighboring property owners and residents, and sustains the character of the existing neighborhood. The proposed zoning change is compatible with neighboring zoning designations and is in compliance with the intent of the Denton Plan. Staff Recommendation Based on the above findings, staff recommends approval of the requested zoning change and overlay district restricting multi-family uses on the property. ATTACHMENT 2 Location/Zoning Map SITE NORTH Land Use Map ATTACHMENT 3 Notification Map NORTH 200' its :ification Scale: None Public Notification Date: March 20, 2005 200' Legal Notices* sent via Certified Mail: 20 Number of responses to 200' Legal Notice: []In Opposition: 7 I~ln Favor: 1 []Neutral: 1 Percentage of Opposition: *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 ATTACHMENT 4 Map of Site with Restricted Area ATTACHMENT 5 Zoning Notification Sign I PROCEEDINOS .2 · COMMISSIONER ML~OY: OOOd evening. And 3 welconm to the April 28th, 2004 regular session of the 4 City of Denton Planning and Zoning Commission. We will 5 begin wilh the pledges of all~giancc. ' 6 (Thereupon, ~ Ple_Ages of Allegiance wece 7 reciled.) 8 COMMISSIONI!IR MLR~OY: Ollr n~xt iR:all will b~ .9 consider approval of thc m/nutes for the April 14th, 2004 10 meeting. Do wc have a motion? J l COMMISSIONER HOLT: So moreA,, 12 OOMMISSIONER ~OY: MOtion by Ms. Holt. 13 COMMISSIONER STRANGE: second. 14 COMMISSIoNEll. MI~ROY: second by Mr. 15 Strange. If there's no questions or comments, please 16 yom. ii 7 I=m earrie~ 7-0. 18 Next item is the Consent Agmda, Th~ imms 19 on the Cons~t Agenda have bee~ mvi~ted by'the Planning 20 and Zoning Commission during its work session this evening 2'1 and qtmqtions trove beem addressed. So we're looking for a 22 motion on the Cons~t Agenda. 23 }~s, cxm, Em'~: se has a request to speak. 24 COMMiSSiONFlO, MULROY: okay. EXCUSe ille. I 25 have one speaker that w/~hes to address the Consent Page 2 1 2 3 4 5 6 7 8 9 [0 11 12 i3 14 15 t6 17 19 20 21 22 '23 Agenda. That would be Mr. Anthony Goode. MR, GOODE: Only if it gets pulled. ¢OMMISSlOXrER MULRO¥: Okay. All right. Do we have.a motion on the Consent Agenda? COMMISSIONER POWELL: Move to approve, COMMISSIONER MULROY: Motion by Mr. PoweI1 for approval. COMMISSIONER JOHNSON: second. COMMISSIONI~R MULROY: second by Mr. Johnson. If there's no discussion, please vote. Motion carries 7-0. We'll move to Item No. 4, which is punic hearings. 4A ig final plat in the DH Pry¢ Addition. I will open the public hearing and Mr. Failer will presxnt. MIL FULLER: Thank you. The plat meets the minimum requirenwnts of the Development COde. Staff recommends approval. Thank you. COMMISSIONER MULROY: Thank you. Is the applicant here to answer any questions? MR. FULLER: I doll 't believe go. COMMISSIONER MULROY: And no one wishes to speak? MS. CARPENTER: NO, Sir. No one asked to 2 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 1 .2 3 4 5 6 ? 8 10 '.12 I3 t4 15 16 17 18 I9 20 21 22 23 24 25 ~-LANNING AND ZONING APRIL 2gTH, 2004 MI'NLYYES Page 3 speak on this COMMIS,~IONER MIJLROY: Then I'm going to close tim public hearing and entertain a motion or a question. Mr. Johnson. COMMISSIONER JOHNSON: pll move approval. COMML.qSIONF..R MULROY: MS. Holt. COM~SSrONER HOLT: second. COMMISSIONER MULROY: MOtiOn by Mr. $ohnsoa, second from Ms. Holt f~r approval. If there's no discussion, please vote. Motion emetics %0. Our next item, 4B is preliminary plat in the Skylab Addition, Mr. Strange is going to abstain from this, And I'll open tt~ public l~aing, MP~ ~'LLER: ~hank you. The plat meets the minimum Dmtclopment Code Standards, Staff recommends approval. Thank you. COMMISSIOI',W-.R lvlULRO¥:. Thglrlk you, 1Vtl'. FUll. Ms, Carp~nle~' would Elm ~o address the isstm. MS. U..A~PENTER: Mi*. ChailTl~rt, this iteal~ is shown on the Agmda as a pre2iminary plat, But if you look at the baclcup Imm 4B in your packet, pa~ one, it is a final pl~t and is so designated as t~o-ooo2~ tt is not a preliminary plat. COMMISSIONER MUL~OY:: okay. Let me ask counsel how we should proee~l on that. P~e 4 MR. swYOm~: t had a discmsion with Ms, Carpemter earl~er today about ~s. I ~i~ it's o~y b~am¢ ~ ~ ~ ~n~ Law, anyon~ ~t would have ~d an in~t ha app~ng h~ m~ght would have · c s~ in~t in upping m pm~n~ p~t ~ a final plat. ~d a~o as a ma~ of gw, pm~n~ phB do not ~ a public hmng. So for ~ose ~o ~ans I ~ it's okay m proc~. COMMIS8IO~ ~OY: okay. We'~ proc~ on ~e consi~tio~ of ~ final pm~n~. C~s, it's s~pp~my mad. Is ~e app~cant h~ D p~t or ans~ ~. ~: I don't be~e ~MMISSlO~ ~OY: okay. ~ any p~b~c Ms. ~pe~m No, s~. I have COMMIg810~ ~LROY: pubic h~ng and ~min a motion or ~cussion. ~. Roy. COMMISSIO~ ROY: I ~ov~ approval as ~MMISSIONgR ~CROY: Ms. Holt. COMMISSIONER ~OLT: COMMISSIONER ~O~: l'v~ go1 g motion By Page l 2 3 4 $ 7 9 10 II 12 13 14 15 16 i7 18 '19 20 22 23 24 25 l 2 5 6 7 9 I2 15 16 17 19 20 21 22 23 24 Page 5 Mr. Roy, secon6 by Ms. Holt for approval. If there's no further discussion, please vo~. Okay, Remember Mr. Strange is abstaining so we'll only have six voles. Motion carries 6-0. · Chris, would you mind asking Mr. Strange to come back to the pod/urn? Oh, ~ he is, excuse me. All right. We'll move to Item 4C, rezoning of approximately of !9.85 aere~. Mr. Full= will present. I'll open the public treeing. }m~ ~OLUlm: need evening and thank you. The apphcant is m:luesfing to rezone approximately 19.8 acm from }~R4 to the rmMu zoning dis~ct with an overlaid rosa-ici multi-family use~ along the frontage of Hinge. The restrietal area will extend from the property line to a fl:pit within 100 feet within the lot. The purpose of the overlay is to permit the allowed uses within the muao zoning district but to reatrict ttm location of multi-family. The multi-family zoning district - or excuse me, the hrar~u zoning distficI wiI] extend tim existing neighborhood service, node that is existing to the north and the east. It will also be adjacent to a community mixed usc activity center which is looa~e~l to the south. Staff mailed 20 legal notices to property owners within 200 feet. We've recdved four written Page 6 opposition. One in favor, one neutral re the request. Opposition is currently 4.7 p~reent. Staff finds that the restricted area will act as a buffer to the ~q~-3 existing single family uses and the permitted multi-family uses within the r4m, m zoning District, The zoning designation is in compliance with the adjacent zoning distfiots and is in compliance with tl~ Denton plan. Staff recommends approval. Thank you. COMMISSIONER MULROY: lS the applizant here, Mr. Ftfller? MR. FULLER: yes, he is. COMMI$filoNER MULROY: ~nd would he like to presm~ or answer questions? Yes, sir. If you'll give us your nm and address, MR. WILKINSON: Roger Wilkinson. I reside at 2201 North Lake Trail, Denton 76201. We've asked that this property he rezoned. II's loealezl on the were - east si&: of Hinkle Drive. And it's immediately snub5 mid adjacent to Good Sam and the fak=°'rounds is on the east side and the Denton Shopping Center, the vazant part of their propm'ty is on the south side. And we're representing th~ owns. And we'd like ~o obtain the r,r~rt; zoning with the buffer for the multi-family for the 100-foot strip. COMMISSIONER MULRO¥: okay. Is there any 5 6 7 8 9 I0 12 13 14 15 16 17 I9 20 21 22 23 24 25 t 2 3 4 $ 6 7 9 LO 12 13 15 I6 120 21 22 23 24 25 Page queztions? lVlr. 4ohnson. COMMISSIONF/~ JOHNSON: okay. I understand whom you said restricted along Hinkl¢, but tell me exactly what thru means. MR, WILKINSON: Well, fire Staff is gning to do an overlay which will allow for retail but will nol · allow for multi-family along tlm - immediately - the 100-foot strip adjacent to Hinldo Drive. COMMISSIONER JO~INSON: okay. So your inumtion then is to bo able In do multi-family throughom the site except for along Hinkle? MR. WILKINSON: NOg neees~arity, sir. We haven't done a study of the propm't'y. We're.iust -- at this time- COMMISSIONF. R JOHNSON: But th~ zoning would allow that, right? The zoning you're asking for would allow that? MI~ wILKINSON: YeS, it veoffid. COMMISSIONER JOHNSON: okay. Thank you. cOMMISSIONER MULROY: Mr, Powdl. COMMISSIONER POWF. LL: I ~rues8 you've answered my queetion inadvertentlyl I was going to ask if you had plans for ttm git= yet and I think you've answ~,zl that, 1~. WmKINSON: No, sir. That's correct. Page 8 COMMISSIONER MULROY: Mr. Roy. COMMISSIONER ROY: i heard the answer about the restricted area, but I didn't tmders~and it. And you're eaying you don't know what's going to go into the · resm'icted area? M~.. VaLKnqSON' well, the nei~borhood was eonoemed about multi-family fronting on H[nkle Drive. And so to help alleviate that, we came up with an overlay district of 100-foot buffer that would allow only -- the other uaes -- we would restrict multi-family. But all of the other uses could be put thru'e, single family, townhouses and suet as that could be constructed in that COMMISSIONER ROY: SO that 100-foot buffer is still NmMU. SO whatever could go m NRMU other than multi-family could go into that sim? MR. WILKINSON: Yes. That's my understanding that's correct. COMMISSIONER ROY: Okay. Thank you. COMMISSIONER MULROY: MS. Holt. COMMISSIONER HOLT: Yes. If you do pu~ apartments m there, do you think they will be multi-,qtory apartments? Will they be two levels? You have no ide~ what's gems i~ there? MR. WILKINSON: NOt at this time until we PLANNING AND zONING APRIL 2gTH, 2004 MINUTES Page 5 * Page. 6 ? 9 10 11 12 I3 14 15 16 I7 18 19 20 12l :22 '23 24 25 1 2 3 4 5 6 7 l0 l! I2 13 14 15 16 I? 18 19 20 2] 22 23 25 Page 9 get. further down thc road. If we get thc zoning, we'll come back in and do an analysis of thc property, what would b~,qt be suited became I live in the North La 'ke,~ area myself. And I lmow with Cineo De Mayo all of flx~ music comes echoing up th~ hills and with the fairgrounds and such as that, so to m~ something that would buffer ma; would be great for - because t grew np in Drayton and I know where the fairgrounds - I've always at,haled thru* and w~ haVe no immedial~ plans other than get the zoning and once we do that is come in with thc detailmt plans and such as that for the use of the property. COMMISSIONER HOLT: okay, Tharlk you. COMMISSIONER MIYLRO¥: I gllCSS my question then would be would you have - would it be problematic for your davelapm~mt ff part of the overlay district was to hmit the stories on the apartmmts? MR~ Wm~WSON: rm sorry. I didn't hear. COMMISSION'ER MI. ILROY: If part of the conditions on the overlay district was to limit the stories on any multi-family that was behind that 100-foot s~thack? Mm. WrLKi~qSON: Limit to what amount? COMM[SSIONF, R MULROY: well, if a Commissioner - if it was a concern to a~ individual________ Pag~ 10 Commissioner, that would be one way to voice that concern would be to expand the conditions of the overlay district tlmt it would b~ limited to two-stcrry multi-family or three 'story or whatever. So I'm just saying is that concur problmnafic for you? MR. WILKINSON: I don't see it being a problem ar this point, no, COMMIS~qIONER MULROY: okay. '~ank you. Mr. Welkins. coMMISSIONER WATKINS: Thank you, Mr. Chairman. Mr. Wilkinson, not being a developer, it would sezm that a survey of the property first would do away with some of the fzars, perhaps of some of the neigbborliood p~ple. And ~ hear what you're saying, but I ask you m bear with us also, approving a zoning, we've been told a few time~ re~nt[y, well, I can do anytNng I' want to with it, I have the zoning, which doesn't leave some of the citizems feeling as good as th~, could about some of ~e Commissioners. Is this the way a developer goes abou~ it? You get the zoning first and then you decide what you're going to do with it or - MR. WILKINSON: We[~, the rgason we wauw, d to go with NRMU is becaus: w,~ have ~o come back with a detail plan and have a public m~ting. So the 2 3 4 5 6 7 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 9 10 11 12 13 14 15 I7 18 ,19 20 21 22 ~24 ncfighborhood will bare an inpm on whatev~ we put th~. !25 PLANrlqlNG AND ZONING APRIL 2gTI-L 2004 MINtYrES Page And that's wb~ ,e proposed logo with thc N~CO and so the ndghborhoods can come back. COMMiSSIOlqF--,R MULROY: Excuse me. I need tc int~.'ect. Cotmsel, would you like to comment on that? MIL SNYDF. Ik NO. This is an overlay district. This is not a planned development. T}m~ will not be a dmaitcd plan. MR. WILKINSON: oh, thm-~won'I. Okay. It was my under~mnding that they would have site plan or detail plan approval. Oh, with the overlay, you won MS. c, Am,~N'rEl~: xh~ way the ordinance is constructed right thig minum, no, that woald not be a requirement. MR. WILKlWSON: oh, okay. COMMISSIONER MD'LROY: l mcan, you would ,venmany during your permit process submi~ a sim plan, but it's not part of tlx: public process. And I think whm we want to correct is the inference flint thm'e would be another public process to view your proposed layout and counsel has addressed that. ~k. wn;rawso~: well, didn't it used to be that way? I thought it was within - it was previously like that. I didn't know it was changed from that. Se - Mm sWYDmm under our old Code we had planned dev,lopmen*s. Under our new Code we do not. Page 12 COMMISSIONER MUL~OY: ycah. That's dated by about two to thr~ years now. Any fro'thor questions of IVlr. Wilkinson? Okay. Ms. Holt. COMMIF.$iONF-R HOLT: YeS, Looking at this piece of land, it's kind of landlocked. I mean, you'w only got one ~tr~ and that's Hiulde. So everything is going to have to com~ out on to Hiradc some way. There's no through slx'~t. There's no getting anywhere any other way. So it look~ like whamver you put on there is going to haw to com~ out on I--Iinkle whether it's solid multi- family or solid single family. It's alt going to have come out on Hinkle. So I think that's one of the big considerations of all of the n~ighbors is the way that this mucrc is that type of zoning, you could have a homl on thcax:. You could have a bed and breakfast, a vem-iaary clinic, work units, dwellings above businesses, laundry facilities, semi-public halls and clubs, adult day care, kindergarten, middle school, older housing and medical coolers and other ti'tings thor you could apply for an sUP far. And l think that's - I uh/nk that's rosily the main problcan h~ is that there is no other way excepl to ga om on Hinktc. MR.. WILKlb~gON: COMMIS;glOMER HOL'I': Thank you. COMM~SSIOIqEJ'( MULROY: Mr. Powell. Page 9 - Page 12 l 2 3 4 .0 11 12 i3 15 16 i? 19 2O '.2] 22 24 ] 2 4 5 iI 12 14 l? 18 20 22 2B 24 P~e 13 COMMISSIONER POWELL. , want to ~el] you what i think h~re. I think there's a lot of people tonight that's going to he against this. I'm just guessing that from the look of the stack of cards. And I'm also guessing from my exper/once of siUit~g up l~ere for sevcrat years that their main fear is th~ don't know what's coming at them. It would l~ve been wise or might be wise in the future if them was soma way you could allay those fears of not knowing what's coming st thm~. It would surely be easier for us to help you out. I'm just guessing that we're going to be faced with a barrage of people who am against it. And it's b~en my they'll be against it because they don't know. If they knew, th~ would at least -- could say, well, yeah, if you modified th/S way or th,at way or whatever - I'm kind of giving you Dut, h uncle advice you di~'t ask for, and uncler,tand that. And I'm going to hush right there. COMMISSIONER MULROY: Ally fuI~er questions from my fellow Commissioners? I would ~ take lib,'fy to add to Bob's comments that if we're going to utilize the overlay theory to do some restrictions on this, that maybe we should be mom expansive 'about that and elaborate mom and ge more thorbugh. So we might ~t to the point this evening where it might be pruclent to continue this 6 ? $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 15 Page 14 for two or four w~ks rather than take it off '" trove a big no and allow - afro' the - get same more neggliborhood input to re-took at that. And [V~. Carpenter would like to speak. Ms. c~mcrarc Mr. Chairman, in thc NR~U dj,u-icl, th~ multi~famity dwelling units are only allowed with a Special Use Pea-mit and the special use provisions of the Code require the sire plan. So in this in,rant ca,e, if he were to propose apartments on any portion of this properg' with th~ ¢~ccpfion of the reslricted area that he's talking about now, then an sup accompanied by a site plan would have to come bask. coMmlss~o~ MUL~O¥: so lm'd have a pubhc process? MS, ckm~c:n'rraR: ~qe would under the sue, not under the overlay, but' under the suP. COMMISSIONm--.~ MULROY: GO ahead. M~. Sr,'YD~: mst sO the Commission 'lmows. A specific tree permit is a zoning change just Mm this case here tonight. Se i~ would require a public hearing hm, e recommendation by you and on to the City Council I had assumed that i~ was allow~ by ri*~ht. That's why I made the commcm ~arhc:r. MK. WILKINSON: That was my understanding 1 2 3 4 5 6 7 g 9 10 11 12 t3 14 15 16 17 18 19 20 21 22 23 24 knOW, SO -' COMMISSIONER MULROY: well, I appreciate Ms. C. arpmmr and Mr. Snyder and your patience Mr. Wilkinson. Is thom any further questions for Mr. Wilkinson? Okay. We'll now go ~ the citizens that clmimto speak. Ihavethe first throe cards, three spealmrs, four really did not indicate this iu:m of but it's a pretty safe assumption. So when I call your nm if you do not wish to speak on thk item, please lelt us which ium~ it was, and ail of the ~penkJxrs are in opposition. We have none in favor. So we'll s~art with Mr. Richard Enos on Bryn Mawr. If you'll come down to the microphone. And M~. Ann Enos, if you'll be on board, come down to th~ chair behind the spm'k~r, and il' will help tu speed things along. If yon'l/give us your name and addmss, sir. M~. ~OS: }ay name is Richurd Enos. I live at I212 Bryn Mawr, about a 3-iron shot from this project. A lot of things I wanted to say have almady b~:n brought to ti~ consciousness of the Commission hem. I'd like to mitwat~ some of those again and add some additlonal things. First off, if you look at the site, it is - Hinlde is really a dec,nd sureei. Il deadends on the Page 16 north at Windsor. It deadened* at the sooth at University unless there' s some future plans to ~xtend it north or south which I hope does not happ~-~, we have one stree~ coming in to this project, Furthmmore, it hasn'tboen mentioned yet, but the access is only off of Hinkte as IVy. Holt mentioned. Bur furthermore, l.he main su'~t atoning into the project will be Tulane as I recall looking at this map. Ttmt will turn ?ulane into a congo*wA hlgh-,sp~:l highway Ired/ag in*o this project. All of the other streets only indirectly serve I-Iinkte. That's *, I think, an important consideration. If you look at the map, you wilt see on the north, of course, is the Good S~.umritan Village which is a msidmtial facility, nursing hame. et ce~'ra for retired and aged mmabers of our society. They will be ch~,X to jowl if this measure passes and I und~r,~tand the zoning with multi-family apartments with kids, et trash, noise, hooliganism, you name it. To the direa east there is no access into this property because fairgrounds are th{re. Also, to the north, if you look at the map, there is a co:ok, I wond:r about the environmental impact of this project on th/s creek. If the proposal is m build, in addition, businesRe~ i~ this facih .fy -- 25 and fi:at' ~ why 1 said wkai I said. If ] was in error, you 25 PLANNING AND ZONING APRIL 2gTIt, 2004 MINUTES COMMISSION'ER MULROY: YOU have ella Page 13 - Page 16 1 2 5 6 7 8 9 10 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 l 2' 3 5 6 7 8 9 10 Ii 12 13 14 15 16 17 18 19 20 21 22 23 Page ] 7 minute. Mx. Enos. MIL ENOS: If tho proposal is re build - intends to build the businesses of some sort in this facility, it's cheek to jowl ,Mth the D~nton Center which already has faihng businesses, empty shops, et cetera. Well, that's about it. Thank you for your consid=arion. COMMtSSroNER MULROY: ,hank you, Mr. Enos. Ms, Ann Enos. And on board I would like - it looks like a Walker from Tulane Street. If you'll come dow~ on board, plmsc. Go alma& Ms. Enos. Cfive us your name and address. Sis. ENos: I'm also from 1212 Bryn Mawr. And my husband spoke, cOMMISSIONF-~- MULROY: IS it a 3-iron shot for you, too? MS. ENOS: I just want m add that I am very concerned about thc congestion on Hinkle should this pass. Alr~dy we haw a bike path framing along there, ' and several firne~ witkin the last three week~, someone has b~zn inpatimt and passed me on that bil~ pa~. I jngI don't think that this is thc proper kiud of development that we should be having in that arm. And that's ali I have to say~ I.just am opposed. Thank you. cOMMISSIoNER MULROY: Thank yom Ms. Enos. Mr. Walker, if you'll come ap to the mike, and Ruby_~_~ Page 18 Kemer, if you'll come down to tho on-board seat. MR. wArxm: ~Ii fight. My name is Brace Walker and I live at 1205 Tulane. I have spoken personally with every person on my street except for two. And without far1, I did not talk to one person that was excited about this at ail. The concerns that were raised was our property values. With a multi-family homing addition going in, that cannot do, you know, anything but decre, ase the property values that are in our neighborhood. Number two, something that's been mentioned several times is the traffic. And fight now Tulane is pretty busy. It's a nice big wide street which is why I like it. I can park my RV, and park my boat and firings like that, and I like that, but I've got these two little shavers right up here that need a place re ride their bike and have fun on our ,meet. And right now when people come flying by that, that's -- it's scary. It is very scary and I know you guys have kids and you want a cafe place for your kids to he and typically, the street is not the .safe,l place, but it needs to be somewhat. And building a dwelling for hundreds of people, I don't think that's going to help. And anoth~' thing, as we looked at the development,, I pulled some research off the intemet about 2 3 4 5 6 7 8 9 10 12 13 15 16 I7 18 19 20 21 22 23 24 25 i 5 6 7 8 9 10 11 12 13 15 16 i7 18 19 20 21 22 23 ?age in the past of . businesses and things like t~at. and Mr. Kern does not have a at, liar record in his dml/ngs. And I don't f~ ~ ~t is ~e ~o of devzi~ ~at we woffid warn ~ o~ ~ghborh~d. ~d as I p~ up ail of ~o law8~ and eying ~t ~s ~ainst h~ ~o~ T~a~ Hmlfl~ En~fi~ex, I got few p%~s of h~ts on ~ in,et of laws~t a~ n~gencc a~ jus~ on and on ~d on of ~ngs ~at have h~ppm~ wi~ ~s b~in~s~, and ~ ~¢ ~m of ~ngs he's b~ involv~ in. ~d not ~ say ~ you ~ow. he's a bad p~son or w~, but it s~ ~c ~s om p~sonal bminmscs ~vc not ~d a succ~s~ m~ of ~. ~d if we Md a ~umhle p~son ~ar was · wanting m do ~s, I ~ so~ of my n~ghbors nfight ~t h~nd s~ng ~e ~s. But ~ff~ ~e hnd of ~ack ~ord ~at ~ has prov~, I c~i~y cannot su~pc~ an~g ~en ~ sandbox for h~ ~ bz ~eloping down ~e stat. 8o wo smd f~ly. We stand compl~ly ag~nst i~ and we ~ be hack if ~s passes. So ~ank you v~ m~h for yo~ ~. COMMI~IO~ ~OY: Th~k yo~ ~. Wa~. Ruby ~*~. ~n on bo~d ~ol ~dcns, plmsc. MS. ~: T~S is WMr you ~t for riel w~ng'yo~ glass~ b~ame I don't r~mb~ pu~ng down ~ ~at I mn~ m sp~, bm - Page 20 COM~SSIONER MUI-J{O¥: Well. we're just happy to have you, so give it a shot. MS. KERNE~ W~, now ~at I'm up h~, I rant ~ -- absolumly, wMt B~.said is ~. We do ~ve a waffle prob~ on Tulan¢. It is a ~ s~t, but it a~o comes off of ~lone and down m Hiakl¢ which is a mi~t ~hot and ~en ~ race like tim going dnwn 'Hi~. But w~ ~ -- o~ I'd say five y~s ago, ~at ~ was no~ng but ~ inclu~ng me. ~d now we ~ve f~es who ~v¢ mv~ in who have eht~ and ~ p~yand I'm sz~ m d~ ¢ome~ at~e mm of sp~ ~t ~osz c~s come down Tulle. W¢ have had n~borhood m~fings, ~a~s m Brace, and wz have ~d paSc~n out. ~d ~ have spoke m us. And we have ask~ ~ m panel ~e s~t as much us possib~ and I'~ ~ve m a~ I ~ve s~n ~ on ~ mere. ~d it is rally a ~o~, a race -- and you ca~ ~ne if apam~u go in at ~e m~d of fl~e ~t, wl~m it's going m be hke. So one mt~ m ~e young~ people,; hope ~i~ d~gn'I pas~ at a~. ~ank yon. ~MMISglONER ~ROY: Thank you, ~. Kzrnzr. Carol Ridens. 25 the properLY owner and some of the success that he's had 25 ?LAlq'MIIqG AND ZONING APRIL 28TH, 2004 MINUTES }as. ruD~s: Thank you. I'm Cam] Ridens. p~¢ 17 - Page 20 4 5 6 7 8 9 10 12 13 14 I5 16 17 18 19 2] 22 23 24 25 2 4 5 6 7 9 0 1 12 13 I4 15 16 I7 18 19 '20 21 22 23 24 25 Page 21 I live at t21)4 Amherst and thani ~ for permitting me to speak. I think Mr. Powell --what Mr. Pawell had to say about the uncertainty of the development is of great concern to the neighborhood.. I went to the neighborhood meeting tint the developers had, as many of the' people here did. I did not mMerstand anti, you know, I was si~ng right there - I don't know how I could have rrdssed it - that he was ¢onsidmfng apartments. He talked about single family homes. He talked about small businesses up and down Hinlde like professional offices and so forth, and he made it sound like it could be a good thing for the neighborhood, which that m~ght not be too bad. But we start talking aparm~nts, our n,/ghborhood has fought apagments before. We're a small close-nit n~ighborhqod and we'd like to maintain the integrity of the neighborhood, Already because of the traffic problems on University, and Windsor, our mst/mt streets, wkieh I live on, are thoroughfares. They come down Hin'lde. They cut across Tulane. They cut across Amherst to ~ on - and go as far as they can up to CreorgO. own and then pick up University Drive. So I can only imagine if we had ~ development there with a number of aparmmm what those sgeets would become like. I feel if I knew a little bit moro aboul Page 22 what the devdopmerit actually would entail than I could make a dmision on whether I would support it or not. At this point I don't support wha~ I've heard-and I thank you for your consideration. CO~IMISS[ONF-R MULROY: Thank you, Cmrol. Appreciate it. Ohay. I have no more cards from folks that would like to spmk. I have s~veral cards wanting to voice their opposition. PI1 read their names. Char~ McKe~ on Tulane Slreet, Sharon MeKee on Tulane Streeq Horace and Ella Trietscb on Bryn Mawr. And June Knox on Amherst. They're all opposed to the zoning change. O~y. Would th~ applicant tike lo r~but at this time? . MR. SMrlM: My name is Ran~II'Snfith, 829 Tealwood Circle, Flower Mound 75028. I also represent the applicant. I think there's a great misconception here that we're asldng for multi-family zoning. We specifically a~ked for the mmv zoning because it dcr, z not allow multi-family uses. It does require specific use permit which is a zoning change. So in order to do apartments~ we'd have ~o come back before here agaim have a site plan and get ~ zoning change to allow it. We're asking for the ~ zoning because ii allows the office, the retail use& II also dogs provide for scrag residemJal usgs ia conjunction with an office and retail use, 1 ~' a aris/holly proposed the 2 zoning, And tlmt zoning does allow multi-family use& and 3 afl~r meeting with thc neighborhood, we decidrd that 4 because they were concerned about having input into th: 5 design, if there were multi-family, that's when we met 6 with stuff and decided to go vfith the Nm, to which does nol 7 allow multi-family and we also agreed in conjunction with 8 ~taff to an overlay district along Hinldc that wouldn't 9 allow multi-family under any circumstances. · 0 So, you know, we feel that the ~aMV is an 1 appropriate.zoning category for this piece of land. 2 provides the appropriate land uses. And. you ~ow, we 13 would ask for your approval. Thankyou. If there are any 14 questions, I'd be happy to answer them, 15 COMMISSIONER ~OY: ^ny questions of Mr. 16 Smith? If tigress no qumtions, I'm going'to close the 17 public gearing and entertain comments or a motion or 18 further discussion from my fellow commissioners. Mr. Roy. 19 COMMISSIONF-.P, ROY: ~don't know if there is 20 anyone here from staff who can answer this specifically. 21 But I want ~o address the connectivity issues to this 22 sile. IS them a plan for eonnecfiv/ry' to the mst in 23 tea-ms of oar mobility plan? 24 MR. Ft~bF-.R: we'd have to defer that to the 25 Engineering D~t at th/s time. Connectivity has nn~ Page 24 i been raised being primarily a platting requiremen;. 2 COM~aSStO~.X S0¥: ~ut we have a mobility 3 plan that describes roads in the City in the fumm and 4 you say - so there's nothing planned? 5 MR. Ftn.,t. ER: we would need to check that. 6 COMMISSIONER MULROY: I guess a fair 7 clue~fion would be how does the mobility plan relate tc 8 th/s propm~d without gerdng too specific ot~ roads .just 9 in general? ls there anyone lame from the engineering 10 clzpartment? No, Okay. Ail, fight Any flu'thor questions.* Any further discussion? Ms. Holt. COMmSStO},'ER ~OL~: ~f lhis is denied 13 tonight, when could the applicant reapply if they had a 14 little bit more information? 15 COMMISSIONER MULROY: MI'. Fuller? I I 6 ~trc mJLLm~t: ff it's denied one of the 17 options the apphcant would have would be to close the 1 g case as it is, reapply which would be in two weeks. There 19 would then be a review rime. You're looking at a month, a 20 month and a half, 21 COMMISSIONER MULROY: II; has to be ~ yga.r. 22 MR. FULLER: If they close it before City 23 Council, they could rmpply is my understanding. 24 COMMIg.glONF_.R MULROY: I would a.~k Counsel 25 to give us an opinion. PLANNING AND ZONING APRIL 2gTH, 2004 MINU'I'IgS Page 21 - Page 24 -" Pag~ 25 Page 27 I Mr. Powell -- well, tet's finish this. I I MR ....LER: Ye& sir. 2 believe ifs a year, but Ed will check it, 2 COMMISSIOb.'ER MUI-J~OY: Mr. Roy. 3 MR. S~D~: If an apphcafion ig ~i~ 3 ~M~SS~O~ ROY: t sense fl~a~ ~ was 4 ~ ~e su~j~t prop~ s~lt not be e~bB for 4 sores con.sion at me b~nning of ~e m~fing on ~e part 5 ~ubmiml for 12 mon~g mxl~s ~ app~eaut can show -- 5 of ~ev~al p~pl~ ~d c~nly probably ~e ~iden~ in 6 MS. ~~: ff ~e Phn~ng and ~ning 6 ~e ~ ~at if ~ move ~d ~ ~M~ ~t ~at 7 a~afica~y ahows m~fi-f~ly an4 it does not: is 7 Co~sio~ - 8 ~ s~D~ ~. But if ~ ~n't 8 c~t? 9 appml it and you ~ny ik ~t's ~e final d~ision. ~ 9 ~ ~Lm: ~Mfi-fmily is 0 ~e P~nning and ~ning ~ssion ~i~ a ~ning case, I 0 · ho~, a ~ific me p~it is ~ which would .1 and ~e ~ppheant do,.not appml iq ~n ~t's ~e 11 ~mil a sim 12 final dgision. Now, we ~ve - in ~e pag~ we ~y have 12 COMM~IO~ ~O~: so it is not I3 aummfie~y - we woMd nnt be m~ng a ~isJon mni~t 13 in~m~ it ano~ way. I'm not sm. 14 MS. ~V~: T~ tuning ens~ always go 14 ~t a~mafi~a~y says ~ eon bdld mffifi-f~ty by 15 on m Comcil. 15 g~ing m ~ 16 MR. S~D~: NOt if ~'m ~ni~ and ~e 16 m ~Lm: No, . .g 17 ~MMISSIO~ ROY: Th~ ~11 be 17 app~zanl d~sn app~I it. 18 COMM~IO~ ~OY: The apphcant ~s m 18 proems, ano~ opp~i~ for ~i~ bas~ on more 19 move it f~md. 19 ~ils at ~t ~e. So m~ ~n possibly mi~g 20 MR. 8~O~: well, ~'s sm. Mfs m~ 20 ~s ~m, I won~ if a continence ~ght be mom 21 s~ on ~t. I'm ~ng of ~ old ~&. Maybe ~ 21 appropmg for, p~Mps,.~ me for ano¢~ m~fing 22 ~ ~e co~mi~ ~ ~e s~ ~'s co~unication '22 n~, Code says so~ng ~ff~t. Ho~ 23 Ms. ~a~M~: The hism~ ~s b~ ~t if 23 along ~t hne and b~ e~n~ of po,sib}y coming m an 24 it go~ m Ci~ Co~c~ if it's so--ag ~t ~ 24 un~smn~ng h~, I wo~d ~ m ~ve s~ ~ognition 25 CiW Co~eit approval ~at's wh~ -' if ~e Ci~ ~mcil 25 m ~ ~vetop~s move a~dy m ~velop a huff~ s~p. Page 26 Page 28 I ~nies ik ~ it woffifl ~ one y~. ~ a~ Planning I I ~ ~at was a good move and ~men~, you lmow, 2 and Zoning C~ssian ~nies ik it wig au~fi~y go 2 s~ in ~ effort m b~ b~, you ~ow, whal 3 fo~d w ~e Ciw Co,oil and wi~ ~ a 3 ~t b~ in ~ ~ ~vmmhy and what nfi~t be up 4 a~inst ~e -- clos~ m ~e ~i~. 4 sup~jofiW yom in ordw m pass. 5 But if ~sy ~w it prior m Ci~ 5 So I'm ~n~ng along ~e hncs of a 6 Ca~cil, ~en ~ co~d si~ificanflY ~ ~ 6 continuance. BUt I ~ it d~mds a lot on ~e opinion ? app~cafian and come back, 7 of ~¢ d~elop~, whe~ ~ wo~d like to do ~at. 8 m. s~9~; 0~Y. ~s is ~e ans~. 8 ~MMISSIO~ ~OY: okay. Let=g move on 9 Und~ o~ old ~&, ~e app~cant ~d m spmifically 9 ~o~ ~ and we'll come back m ~at ~lesg you wan~ t0 appml. Un~ o~ n~~ ~, it d~ not ~ ~ appel 10 m ask spmifica~y fi~t now. 11 by ~e appli~nt. Itj~t ~ayg ~t a~ ~am by ~e 11 coM~ss[o~ aoY: w¢I1, let's prac~ if 12 P~nning and ~ning'~mssion wi~ be fo~ ~ ~e 12 you wi~. 13 Ci~ Co~cil. So it's .j~t a ~o~m~fion of ~ial and 13 COMM~SS[O~ ~ROY: okay. ~. johnson. ] 4 ~o I apology, but I was ~nking of how ~ old Ca~ was ] 4 COMMISSION~ JONSON: ~h, I have a 15 word~ and eot ~e n~ ~. It wo~d ~ve m go fo~d 15 couple of qu~fions. ~e -- we've hmrd a numbw of 16 to fl~e Ciw Co~eil before it wo~d be ennsi~ an 16 pmple i~ ~posifion ~ ~s ~ni~t h~, bat in my 17 bae~ it ~ayg none. So m I m ass~ ~t all of~e 7 acm] denial. g COMMISS[O~ M~ROY: ~ ac~l ~nial. 1S opposition is oumi~ of ~c radi~ ~t would ~mm 19 Okay. ~ank you, ~. SayS. End,ming. ~. Power. 19 sup~jonW? 20 cOMM[SSIO~ poWELL: Q~tJo~ of ~ff. 20 ~. ~L~: No, sir. ~en ~ose stuff 21 Te~ me, if you can, ~ zoning ~flY m ~e west an 21 ~om ~ ~, ~ have m be ~s~bu~. At 22 ~nbhar and Tulane and BWn Ma~ and ~ ~- 22 me~ no ~posifian ~d b~ ~iv~, Be~n fl~e tree 23 ~. ~LLER: T~al. J8 n~i~borhood 23 yo~ smff~on was deliv~ to you and ~ig evening, 24 opposition has bran rec~v~. 2~ residential 3. 25 COMMISSIONER JOHNSON: okay. 25 cOMMISSIONER pOWELL: Thank you. PLA~G A~ zO~G AP~L 2g~, 2004 ~S Page 25 - Page 28 5 6 7 § 9 .0 I1 12 13 t4 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 l0 12 I3 14' 15 16 17 19 20 2] 22 23 24 Page 29 MR. FULLF-R'. That's What WaS given to you at the work session. COMMIggfoNER JOHNSON'. SO do you know what number that is now? Is it sgv~ percent? Is that what you said? M~. VULL~: No, it's 4.7 plus w~ received one while the public hearing was in motion, go you're probably looking at 5.5. COMMI~iObIER JOHNSON: okay. So it's still not enough to require a supermajority on the Council? MR. FULLE~: NO, sir. That's 20 pcrc, ent. COMMiSSIoNER JOHNSON: ye, ah. Okay. The other firing. The -- if this site is deeveloped as N~-4 I thmk yon still have th~ traffic problems on Fiinkle because ~t s lust matter of degree. You still have the access probk~m. You st/Il have got to get cars into and out of the site. On twenty acres, you can get a lot of houses in them. So - and especially if you can put - if you're looking at putting small businesses up and down Fiinlde, you're looking at a significant traffic flow impact along Hinkle whether you have ap~t buildings or noL I think aparuncnt buildings do aggravate the situation, but I tkink that's something that we definitely need to look at and is them no possibility for Page 30 entrance and oinks to the west or to thc north of this thing, this site? I mean, is that -- I mean, them is a little bit of a road that ¢orne~ in fram the ~asL but I can't ~11 if that's all on - see; thc htfle mad there toward the northeast corner; is that all on - it's on the fairground or Oood Samaritan, is that not a public mad? MR. FULLER: whgrl Oily dev~iopmem review engineer mviv,ved this application, no demmfination was made for access otlx~ tha~ along Hinlde~ while that doesn't preclude that no access can be mad~ a, ~s point, staff is unaware. coMMmSmrX~,n Jo~r~so~: o~y. I think that's all I have. Thank you. COMMIS$IONF-R MULROY: MI'. Wa[,kins. COMMI$SIONF-iI wATK[Ns: Thank yoLt, [v'ff~ Chairman, As to my fellow Commissioner Roy, my problam is the only thing that's known is the mstricmd area won't be multi-family. That's ali we've been told. I assume that the nei~borhood, th~"m was a neighborhood meeting and the people apparently in good ~tanding and go forth and rli be honest witt, yom I would love to see this piece of propa-aJ d~vdoped. But ~ hate to pass ouI. zoning only knowing thru this t00-foo~ strip won't bemulti-family. Itdid~'t 5 6 7 9 10 11 12 13 14 15 16 17 lg 19 120 21 22 23 24 25 Page els~. I would ,. ,¢illing to put it off or wha~w', and I'm not trying to co.~t the people money and I'd like m see, as I say, it developed No-4, ~-3 or wMmver, but I would like to be up front with both tho citizens and ourself in thinking that it's going to be, et cetera, et cetera. Tha~ you, Mr. Chairman. COMMI,.g~ION'F.R MI~OY: Alt fight. Thamk Y°th George. And I would 1Lke to.ask Mr. Wilkinson to eon~ down then for a specific quest/on. If I may have the floor for a moment, tt~ - and I'm not saying ] concur that this it the proper interpretation of our overlay provision in our Code, ! think it's perhaps b~ing creative and if we want to go that way, my suggestion to staff is that we correct th~ Code as mitten so we haw a sv. nse of clarity and exactitude in how we proceed forward. rm going to surmise you were 'you were guided in the overlay ~oncvpt to help mitigau~ questions from th~ neighborhood and to h~¥ your development. And thofs whc~ we m'~ to this point. And after he~ing tho nb--ighborhaod and my fellow Commissioners and assuming we're going to go forward with this intcrprmafion of thc overlay dkmet, it seems to m~ it would make a lot more sense f we going to u~ th~ overlay concept that we expand it b~yond 100 fc~t and that you get it as d~finite a~ you aaa and go 1 2 3 4 5 6 7 9 10 Il I2 115 16 17 lg 19 20 21 22 23 :24 Page 32 back to the neighborhood and he mom specific in the areas of this ,~ite of what would make sense for you to and nega~ th~ other uses and pare that down in certain -- whe~bm- it's quadrants or percentages, pare it down with tl~ overlay formula and than come back in two or f~ur wee, ks with som~hing that has bc~ bffo~r.d through the neighborhood and that you could gs.n~er some supper(. Do~s that approach mal~ s~ns~ to you, Mr, Wilkinson? MR. W/LKI~$ON; well, what w~ envision is some kind of offi¢~ like possibly down aloes Lillian COMMI~$IO~ MUI~ROY: wen, no, ~'m not lrying to solve this tonight. I'm saying would it make sense to you to have a cent/nuance, and have two to four wee, k~ to expand that overlay eonv.~-pt and work wifl~ the neighborhood ~nd allay their fears and betwr d~.finv what yon want to do? MR. WILKINSON: I dok'l'I, have a problem with doing that. cOMM~gg~OWm~ ~RO¥: okay+ Thank you. And Irk. Snyder need~ to speak. ~R. SWYDER; The way thi,~ item was pogted and I'm assuming the noli~es that went om i~ fl~e mai] and fl~ not/ce that was advertised in the n~vspaper read ga5, il wouldnq, be a hotel or it wo~ldn '1 be something 25 similar to what's on the Agenda. It only says flat fl~e FLA~G A~ zo~G AP~L 2g~, 2004 ~S Page 29 Page ?ag~ 33 ] overlay will he to m~u-iet multi-fanuly uses along the 2 frontage of Hinkle Drive. So if we want to ex~d it for 3 ti~c enfir~ property, I think we're going to have to 4 rv--ad.vertise and smad new notices out. 5 MS. CARPENTER: That's 6 COM~tSS~O),,~ER )~tS~RO¥: BUt we could continue 7 it and re-notify? 8 M~. sNYD~ eight. Just make sum we give 9 ourselves enough ~ to do that. LO CO~MISS~OK~R x~rty_~oy: so I'm thinking in 11 order for you to develop a plan and then have a venue with I2 thc neighborhood, that we're looking at four weeks minimum 13 anyway.' go Itm thinking out loud in concert with sore= 14 predecessor comments, and if that's okay with yot~ we'D 15 keep that in mind. ! have several commissioners that t 6 would like to speak. Mr. Powell. ] 7 COMMISSlONF-.R ?OWELL: YeS. Would th¢~ be 18 by necessity any -kind of connectivity h~een th: shopping 19 cen~ and this si~ if it was dvee, lop~? I guess that's 20 a question for staff. It would seem to me that there 21 would have to be, but I don't !mow that, so I'm asking. 22 gat. VULLVm: ?he Code requires connectivity 23 with undevelop~ land, however given this parcel% 24 position and the probable continuance we can have 25 traffic engineer answer these questions prior to the next Page 34 l 2 3 4 5 6 7 9 I0 1 ,]2 I3 15 6 7 19 2O 2 22 23 public hca'ins. COMMISSIONF-~. POWELL: s~-mingly, connectivity ~ would help ~e Hi~e probe. Ym not an ~in~, but it looks ~ ~ li~it wa~d be of soma help an~ay, Hin~ ~ffic prob~ ~cuse m~. Pow~, ~. Jo~son. ~MMI~IO~R IOHNSON: T~ yOU. ~o~g at my ~e c~ ~, ~ sing~ f~ily dwe~ngs ~ not p~i~. So if we go ~, ~ we cannot havz single f~fily in ~s s~fion; is ~at co~t? ms. ~PE~: T~ ruble in Chap~ 5 says singl~ family hom~ a~ not p~i~ in ~ COMMm~[O~ ~ROY: tf ~ do con~nue case, ~ could corn: back wis so~ do~ ~ning - coMMISSIO~ JOHNSON: W~, I ~ess was going to be my po]rtL 'If w~ acm: back wi~ la~ on, if we want m pat single fa~ly in ~, ~ we'~ probably not m~dng ~. so we n~ m b: ca~l an w~: we'~ look~ng at f~ zoning ff we come back COMMISSION~ ~ROY:' Good pO~% ~' M~. s~DE~: ~n I point som~ng else 4 5 6 7 8 '9 10 11 12 13 14 15 16 I7 18 I9 20 21 22 23 24 25 Page 35 overlay for, t~ , don't think we'd want to be adding uses to a district. cOMMISSIONER MULROY; subtracting is wha~ we would he doing. M~. SNYD~: ¥~th. And putting other conditions. COMMi~[ONF_,RMULROY: ldgh~.. Thank you, Ed. Mt. PowdL COMMISSIONER POWELL: UUSt want tn make one point that hasn't been mad~ and I kind of alludexl to it earlier, but the ~-4 that's gxisfiag is higher density than th~ ~-3 across Hinkle. Nommliy, that woukhft sit well with homeowners, But in this case, it might. I don't know. I just pass that on for whamver it's worth. It is higher d~nsity than what they have across the street. And that's.what's there, and I would assume it's there as kind of a buffer between the ~a~o-t2 or whamver. Comment only. COMMISSIONER MULROY: Tharlk you, MI'. Powe21. Is thom any fiarther questions or comments by Commissioners? If riel w~ wilt enmrtain a motion. Mr. Roy, COMM[SSIONF-~ ROY: I mo'qe that this i~m be eonfinuecl for four weeks. cOMMISSIONER STRANGE: second. Page 36 1 2 3 4 5. 6 7 9 10 11 12 13 14 15 16 17 19 20 2l 22 23 24 COMMISSIONF-,R MUI"Roy: ~have a motion by Mr. Roy, a second by Mr. Strang~ for a continuance for a minimum - for four weeks. And we'lI be -- ' MS. CARPIUqTF_,Pc That's mough tirae, COMMISSIONER ROY: Date c=nain? MK. sNYDER: No. We don't have to do it a dam certain, but four wenks is ual when our next meeting will be, COMMISSIONER MUL~OY: okay. MS. C. kRPEN'rER: Th~ second meeting in May would be accurate language. COMMISSIONER MULRO¥: The sex:end r~eting in May. COMMISSIONER ROY: I amend my motion m m,~ommend the second m~dng in May. COMM[IIs[ONF-.Iq. M'UL,ROY: We're up to sp~ on our motion. If tim'~'s no further discussion -- COMMISSIONER pOWELL: Is th~-~m a second? coMMISSIONER MULROY: Yes, }V/.r. Su'ange. If there's no further discussion, pleas~ vote. Motion comes 7-0. Thank you, Chris. And we will re-advertise. N~t on the Agenda it t~xn 4D, rezonin['- of 1.8 acres. And Mr. ?niter will presem. MR. FULLER: Thank you. Good evening. The 25 out, mo? We need to be careful aborn wha~ we usc the 25 applicant is requesting to dow~ zone l.g acres from th.q~ p].ANNING AND ZONING APKIL 2gTH, 2004 M]NLrYES Page 3 ATTACHMENT 7 Comparison Chart for NR-4, NRMU-12 & NRMU Zoning Districts · P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Agriculture P P P Livestock L(7) L(7) L(7) Single Family Dwellings P P N SUP Accessory Dwelling Units L(1 ) L(1 ) N Attached Single Family Dwellings SUP P L(40) Dwellings Above Businesses N P P Live/Work Units N P P Duplexes L(3) P N Community Homes For the Disabled P P P Group Homes N SUP SUP SUP Multi-Family Dwellings N P L(4) Manufactured Housing Developments N N N Home Occupation P P P Sale of Products Grown on Site N N N Hotels N N P Motels N N N Bed and Breakfast N L(10) P Retail Sales and Service N L(15) L(17) Movie Theaters N N N Restaurant or Private Club N N L(11 ) Drive-through Facility N N SUP Professional Services and Offices N L(14) L(17) Quick Vehicle Servicing N N SUP Vehicle Repair N N N Auto and RV Sales N N N Laundry Facilities N P Equestrian Facilities N N N Outdoor Recreation P SUP SUP Indoor Recreation N N N Major Event Entertainment N N N Commercial Parking Lots N N N Administrative or Research Facilities N N L(14) Broadcasting of Production Studio N N L(14) Sexually Oriented Business N N N Temporary Uses L(38) L(38) L(38) Printing / Publishing N N N Bakeries N N L(21 ) Manufacture of Non-odoriferous Foods N N N Feed Lots N N N Food Processing N N N Light Manufacturing N N N Heavy Manufacturing N N N Wholesale Sales N N N Wholesale Nurseries N N N Distribution Center N N N Wholesale Storage and Distribution N N N Self-service Storage N N N Construction Materials Sales N N N Junk Yards and Auto Wrecking N N N Kennels N N N Veterinary Clinics N N P Sanitary Landfills, Commercial N N N Incinerators, Transfer Stations Basic Utilities L(25) L(25) L(25) Community Service N P P Parks and Open Space P P P Churches P P P Semi-public, Halls, Clubs, and Lodges SUP L(15) P Business / Trade School N N L(14) Adult or Child Day Care SUP P P Kindergarten, Elementary School SUP P P Middle School N P P High School N N SUP Colleges N N N Hospital N N N Elderly Housing N L(13) P Medical Centers N N P Cemeteries N N N Mortuaries N N N General Regulations l/ll 20 feet Minimum front yard setback L(2) 10 feet None Minimum side yard 6 feet 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet None Minimum rear yard 10 feet 10 feet None Maximum density, dwelling units per acre 4 12 30 Minimum side yard for non-attached buildings 5 feet 10 feet 12 feet Maximum lot coverage 60% 60% 80% Minimum landscaped area 40% 40% 20% Maximum building height 40 feet 40 feet 65 feet Limitations: L(1) - Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(2) - For infill lots, the front setback shall be an average of the adjacent lots. L(3) - In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. L(4) - Permitted as part of a mixed use development of ten (10) acres or more and only in conjunction with office, retail or other permitted commercial or institutional uses. L(7) - Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(8) - Travelers' accommodations, are permitted, provided that: 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 4 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(10) - All restrictions of L(8), but limited to no more than 5 guest units. L(13) - Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) - Uses are limited to no more than 10,000 square feet of gross floor area. L(15) - Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(17) - Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(21) - Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L (38) = Must meet the requirements of Section 35.12.9. L (40) =Limited to a maximum 12 units per acre. IATTACHMENT8 I CondenscltTM 5 6 7 8 9 10 1! 12 13 14 15 t6 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 2~ 22 23 24 25 Page 77 COMMISSIONER POWELL: we will take a ten minute break and we will return at 8:23. (Break taken.) COMMISSIONER POWELL: we're going on to Item 6B, the re'zoning of approximately 19.85 acres from neighborhood residential 4, NR-4, zoning district to neighborhood residential mixed use 12, NmaU-12 zoning district with an overlay. The property is located on the east side of Hinkle Drive approximately 850 feet north of University Drive. Mr. Fuller. MR. FULLER: Good evening and thank you. COMMISSIONER POWELL: EXCllSe me, Mi, Fuller. I'm going to re-open the public hearing. MR. FtJI. LER: Item 6B is a hearing for the applicant's original proposal which was to rezone the property into tile NRMU district with an overlay to restrict multi-family along the fi'enrage of Hinkle. The applicant has not come forward with a modified proposal in which he wants to -- in which he is requesting to rezone the property to the NRMU-12 zoning district with an overlay to restrict multi-family throughout the entire site. Staff mailed 20 legal notices to property owners within 200 feet of the site. We have received 53 written responses, six are from property owners within 200 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 Page 78 feet of the site, three in opposition. Two are in -- two 1 are in favor. One is neutral to the request. 2 Currently, the opposition, is 26.1 percent. 3 The proposed zoning change is compatible with the 4 neighboring -- the neighboring zoning designation and is 5 compliance with the intent of the Denton Plan. Staff 6 recolmnends approval. Thank you. 7 COMMISSIONER POWELL: Thank you. Is there 8 any questions of staff at this time? Seeing none, si.r, we 9 will go to the public. Okay. Again, we are not always 10 sure that we're straight on these cards, so bear with us. ] 11 Anybody who wishes to speak will have an opportunity. 112 My understanding that Mr. Steven Spurger I 13 wishes to speak and I'll ask him to be followed up by Mr.114 Bruce Walker.~ 15 16 17 18 19 20 21 22 23 24 25 MR. SPURGER: My nmne is Steven Spurger and I live at 1218 Amhurst and I appreciate the opportunity to come before y'all tonight. COMMISSIONER POWELL: EXCUSe me, Mr. Spurger. I have really fouled up. Could I ask you to wait because I haven't asked the applicant to speak? MR. SPURGER: oh, sure. COMMISSIONER POWELL: I don't even want to admit that, but it's a fact. Would the applicant please come forward? And I really apologize, sir. Page 79 MR. SMITH: That's fine. Thank you. Mr. Chairman, members of the Commission, my name is Randall Smith. I live at 829 Tealwood Circle in Flower Mound 75028, and I represent the property owner that's making this request, MI. Peter Kern. We've -- as the staff noted this is our second time here. And in our meetings with the neighborhoods, the primary objective -- or opposition to this request was the multi-family uses. We have restricted the entire site against auy multi-family uses. The owner would like the zoning changed in order to be able to build a garden office project, possibly some retail, although, you know, there's really not any demand for retail with empty space along University Drive. So primarily it would be in a garden-type office development. We're surrounded -- or actually we're joined on the south by the shopping center to the east, the fairgrounds. We don't really believe that low density single family houses is appropriate for this property. And we feel that our zoning request is compatible. We think it's probably the highest and best use for the property. And we would ask for your favorable consideration. Thank you. COMMISSIONER POWELL: Thank you, sir. Is there any question of the applicant from -- from tile Commission? MI. Watkins. Page 80 COMMISSIONER WATKINS: YeS. I have to ask, did you have another meeting with the neighborhood group after deciding, I believe you just told us what you planned on doing with the property. Before you had -- at least you wouldn't share with us what you planned on doing with the property. Now that you've made up your nfind, have you had another meeting with the neighborhood? MR. SMITH: well, no, we haven't actually changed what the intent. The intent all along -- COMMISSIONER POWELL: speak into the mike, sir. MR, SMITH: -- was to request the NRMU type zoning to allow office and retail uses. Now, the NRMU-12 also does allow single family uses and those would still be allowed, also. And the applicant doesn't have, you know, a definitive plan because, you know, it kind of depends on market conditions, et cetera, but he anticipates ttmt the frontage along Hinkle would be the office-type stuff. And there could bo some, you know, single family type uses in the rear of the property. COMMISSIONER WATKINS: BUt you do realize that's very not definitive? MR. SMITH: That's conect. COMMISSIONER WATKINS: okay. Thank you. MR. SMITH: ^nd we also -- I might add that PLANNING AND ZONING JUNE 23RD, 2004 M1NIJTES Page 77 - Page 80 CondenseItTM 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 81 we've got a situatioo with the drainage that bisects the property, so the part to the northeast will be very difficult to develop. In fact, probably the only use would be to sell it to Good Sam or the fairgrounds because tile accessibility problem. COMMISSIONER WATKINS: Thank you. COMMISSIONER POWELL: Any other questions of tile applicant? Seeing none, I'll thank you, sir. And now we'll go to the public. MR. SMITH: I didn't think we picked the best night to try to rezone something on Hinkle. Thank you. COMMISSIONER POWELL: Mr. Spurgcr, I really 1 2 3 4 5 6 7 8 9 I0 11 12 13 Page 83 and a lot of the other senior care facilities that he has had. None of tbem have been stellar. To my knowledge, there's been just numerous problems with some of the business dealings that lie has had and that doesn't really make me comfortable with having a dcvelopmcalt go right across the strect. And I live almost one house down from the comer of Tulane and Hiakle. I enjoy seeing my neighbors out on their front porch and I enjoy seeing Cleatice -- I know she's going to be out there and she's going to be waiting for the mail. I enjoy seeing Leon right next door to me come in and out. I enjoy seeing my Sunday School teacher, apologize for asking you to come down and then asking you to go back. MR. SPURGER: That's okay. I'm Steve Spin'ger. I live at 1218 Amherst. I didn't really quite understand exactly what this is all about. Like many of my neighbors until two months ago, I had never heard of an NR-3, NR-4, NR-2, NRq2 mixed use whatever. When I talked to some of my neighbors, they were a little confused as well and still are. I'm still a lit-tlc confused about what's going to be there. I came tonight to speak in opposition to what I thought were going to be apartments on the site. And I'm assuming now from what I hear that Page 82 the~ aren't going to be apartments on the site. So that's my biggest concern. We hav~ a considerable amount of vandalism in the back of the shopping center there, graffiti on the walls, the traffic not only on Hinkle, but on Antherst. Amherst, as you know, 14 15 16 17 18 19 20 21 22 23 24 25 Charles McKee frotn back whenever I was a young man right across the street. I enjoy the nice conmmnity feel that we have and to put garden offices across the street when there is lots and lots of development in this town, offices, empty buildings, the -- there's just not a need for that. It seems that there are other filings in the workings that we are not being made aware of as far as this zoning and there's not a plan and there's not -- we haven't seen anything -- the other things flint Woody Kern has done to lead us to believe that this is going to be a quality development or reputable development or anything of that sort. Page 84 i like -- you know, I would like for it to be Na-4 which is what it is now, I believe. I would -- I would love to see so,ne houses going over there. I would love to see file east side of it given to the ~air Grounds or Good Samaritan. I'd love to sec Good Samaritan develop probably runs parallel to University, so most people no longer go up to University at HinkIe to get on University. They drive down Amherst and avoid two lights and tarn over. So the amount of traffic ia our neighborhood has increased exponentially as people have tried to avoid that intersection there at Hinkle and University. So that's my biggest concerns, probably a quiet little office park, that sounds pretty nice to me. It depends on how it's landscaped and stuff. But I would like to know a little bit more about how it's zoned. So I'd appreciate it very much as long as you keep it away from apartments, I appreciate it. Thank you very much. COMMISSIONER POWELL: Thank you, sir. Mr. Walker and backed up by Carol Ridens. MR. WALKER: My name is Bruce Walker and I live at 1205 Tulane. You know, when -- when you see these developments go in and I've seen several that Kern -- Woody Kern has done, there's only one time to do it right and it's right from the very start. And I have not been impressed with any of the other developments, Kern Manner 6 7 8 9 10 11 12 13 14 15 t6 17 18 19 20 21 22 23 24 25 the whole shoot match. But they have been a good neighbor. They have done a very good job with tt:e resources that they have had. The music and stuff doesn't bother us in our neighborhood. It bothers us about 45 minutes a year. That's it. Because we go inside our house, shut the door, turn the box fan on and go to bed. And the Fair Grounds has told me personally, they were, like, we don't think any sort of business would want to be a neighbor to us. So -- and this opposition of 26.1 perccmt. I don't think that figure is correct. I don't think that figure shows evm3ahing, all of thc notices that we mailed in from last time. So I want to -- because last -- at the last time I talked to Chris, lie said it was enormous, so -- anyway. COMMISSIONER POWELL: Thank you, sir. MR. WALKER: Thank you. COMMISSIONER POWELL: Carol R[dens backed up by Yvonnc Lowcrre. PLANNING AND ZONING JUNE 23RD, 2004 MINIJTES Page 81 - Page 84 CondensoltTM 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 85 MS. R[DENS: My name is Carol Ridens. I live at 1204 Amherst. I have lived there for 31 years. Have been a resident of Denton for 47 years. I've seen some changes. You probably have noticed -- in fact, one of your members remarked to me two or ti~'ee years ago that it looked like it was really poor planning on our side of town, and I won't say which member that was, but we have Page 87 foot overlay that is proposed, we're going to take -- this piece of property is 900 feet nordl and south. That means that that's 90,000 square feet which is more than two acres off of this property just in that 100 foot overlay as I understand it. Then you've got the creek that they can't build, they could not build in, which means whenever they talk about the tq~q2 zoning, that means that you're had, I think, poor planning in tile past when it comes to providing through streets. Our neighborhoods were not designed for through traffic, nevertheless, we have it. I'd like to say, too, NR-6, 8, wbatever it was there on Bowling Green, those are primarily owner occupied duplexes. They're very nice, not disturbing to any neighborhood whatsoever. I know you can't correct past mistakes in planning, but I hope whatever decision that you do make, you will take into consideration the impact on both neighborhoods, ours, North Ridge and the Headlec Addition and try to help maintain whatever integrity wc have and perhaps enhance the in~grity. Thank you. COMMISSIONER POWELL: Thank you, ma'am. Yvonne Lowerre followed up by Horrace Trietsch. MS. LOWERRE: Mr. Chairman, members of the Council, I live at 2500 Hinkle in Good Sanmritan Village in from the newer duplexes. I'm concerned about what is 8 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 going to have areas of that that are going to have as many as 20 or so units on them to -- because they take into account the whole 19.85 acres, so I think that needs to be a consideration. I, too, would love to have a good neighbor over there and I know these guys have got a whipping over this piece of property for a long time. But we would like some good neighbors. And we would very definitely support something that would be logical for that ama. Thank you for listening to me. COMMISSIONER POWELL: Thank you, sir. Mr. Whittingham followed up by Charles McKee. MR. WHITTINGHAM: My name is Dave Whittingham. I'm a resident at Good Sam. My remarks will supplement those -- some of those that have already been made. First of all, I'd like to co~mnend the people who spoke recognizing the future that these properties are going to be developed. I'm referring not only to the one Page 86 put there because our neighbors have flooding already. And I know that any more concrete, anything else that adds to the congestion is going to impact on those people. I would hope that it would be if you do allow something to be built there, that it would be in keeping with the neighborhood itself. I don't think any of us would object to holnes that would he the same as across the street. But we do not want to see vandalism coming up to our doors. We are quite open there, and anyone can come. Animals~ too. We have problems with that. So there's the creek and behind this property that's in question is a creek and flooding will be a big problem. So we hope you will take our concerns to heart because Good Samaritan is a good neighbor and you've been wonderful to us. And we -- we want to have good feelings. And I'm just here to speak for them. Thank you. COMMISSIONER POWELL: Thank you, ma'am. Hon'ace Trietsch followed up by David Whittingham. MR, TRIETSCH: rm Horrace Trietsch. I live at 1200 B~3~n Mawr right across the st~ct from this property, this property's south line. I wanted to make a note up here where this creek does come through this property and what it does to this property. With this 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~5 16 18 19 20 21 22 23 24 25 Page 88 in question now, but the previous one. And in good sense must accept that fact, nevertheless accepting that fact, there can be a lot of difference in the impact on the neighbor hood depending and determined by what goes in. So I would urge that as consideration is given, that that consideration be done to minimize file impact and my principle concern to speak independently of others is in the drainage problem, the flooding proble~n. Back in -- well, three years ago, I went to the engineer's office and I received some information about the flooding in that ama and the 100-year flood plan. And one thing that I don't know and Fm not sure that anybody knows is when that I00-year flood plan was developed. And I also doWt know what changes have been made in the interim period to minimize the impact of that flood plan so that it is necessary and I think imperative that serious consideration be given to tile flooding. Any changes that increase the driveways, the parking areas, any coverage of land is going to increase flood ttamt and we all know the devastating effect that that can have. Not only will it increase the impact, but - not only will it increase rile impact in that area but further downstream, I was glad to hear the engineer's office stale that an impact study would have to PLANNING AND ZONING .ffJNE 23RD, 2004 MINUTES Page 85 - Page 88 CondenseltTM 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 i3 14 15 t6 17 18 '19 20 21 22 23 24 25 Page 89 be made on flooding and corrections made. That is not going to be easy to do because the flooding will markedly increase and it has an impasse downstream as well as in that inm~edlate area. And as you all know and particularly is shown there, that drainage area goes right through this piece of property and will seriously impact what happens. COMMISSIONER POWELL: ~'hank you very much, sir. Mr. McKee. Ma. MCKE~: c.:harles McKee, 1204 Tulane, 26 years. Tonight I just want to voice personal concerns and yet I feel like I'm speaking for everybody in our neighborhood. As long-term homeowners and taxpayers we're concerned about the future of our neighborhood. A lot of us are older people without alternatives. This is the neighborhood where we spent many years raising our kids, working hard to maintain the appearance of our homes in an effort to ensure the quality of our investment for futm'e years. Now, we have a person that's purchased some land. And he, too, wants to protect his investments. The difference is that ours is a lifetime investment. His is speculation in an effort to make a profit regardless of the impact on the neighborhood. It may sound good today but the question is Page 90 what about thc future? When he's finished with this project, he will be gone, but we will still be here having to llve with the consequences, good and bad. We, the homeowners request that thc Planning and Zoning Commission give consideration to an established neighborhood that wants to continue to live in the same manner and style we've enjoyed without fear of the future. Thank you for your time. COMM[SS1ONEi*, P@WELL: Thank you, sir. I don't have any more cards for speakers. I'm not going to deny anyone else that wants to speak~ but right now I'm going to say that the following people have put cards in requesting being shown in opposition, but not requesting to speak. And that would be Mike Trevino, Richard Enos, John DuChemin, Suzy DuChernin, and I know I'm not pronouncing that right but maybe I'll learn before the night's over. MS. DUC[.IEMIN: DuChemin. COMMISSIONER POWELL: DuChemin, thank you very much. Chris Briggs, Sharon McKee, George Spuller, Willam Harzley. Now, is there anyone else that would like to speak against this, come forward, sir. And anyone else who wants follow him, please come down in the on-deck seat. Give us your name and address, sir. MR. BRIGGS: Yes, sir. My nalne is Chris 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 91 Briggs. I reside at 1308 Bryn Mawr. My main concern is that it sounds like the developer wants just a blank open invitation to build. They don't seem to know what they're going to build. There's a lot of misinformation. I'm with you, Mr. Watkins, and how you spoke to them. We've heard aparnnents. We've heard condos. We've heard retail. And even think about it. Achnittedly, the developer says there doesn't seem to be a demand for retail space or office space in this area. So what's the point developing now? What's the point in changing this zoning? What are we going to benefit? What you're going to give him is an open invitation to build whatever he wants, whenever he wants. And that's not the kind of neighbor we need. And I just ask you to keep that in mind. Think into the future, 20 years from now, 30 years froxn now, what could be built there. And think about what it does and how it impacts the neighborhoods that are 40 year old houses, some of them. My house is built in 1953. How -- what do you want? Do you want a good neighborhood, where people that are the backbone of this City will reside and can take pride in and that the whole City can take pride in through neighborhoods like this. Please protect the integrity of these neighborhoods. An office park, I would have no problem Page 92 with. The problem I would have is that they don't know what they want yet, and that's what I want to hear. I think you should make a decision when they have an idea what they*re going to put in. And I thank you for your time. COMMISSIONER POWELL: Thank you, sir. Ma'mn. MS. 13nc~: Tracy Beck, 611 Magnolia. And I started hem not knowing that beeping sound was out of fime, so Iql recognize that. COMMISSIONER POWELL: Three minutes and you'll hear a beep when you're down to one-minut~.h MS~ BECK: okay. Very good. And I also starled saying this was not my first place to pick for moving. Since we did move here and I got involved in the City of Denton, I've worked with the City of Denton. In fact, part of your Transportation Consultant Team a few years ago through IXS. when I moved here, I realized all of the benefits that there were here. We've got the great parks and rec. We've got great libraries, universities, hospitals, everything is fantastic to the point my family crone to visit to see the new home, and they didn't leave without buying one down the street. So I'm watching how the City of Denton is developing. And 1[ see Loop 288 as a very big spot. PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 89 - Page 92 CondenseltTM 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 2O 21 22 23 24 25 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 93 Again, I work at TXDOT. I'm aware of the progranuning for the funding. And I'm worried that University is going to bt over-capacity before we can even finish that up. I came here thinking these were going to be apartments, too. And I was drastically opposed to those. And then I was a little bit more worried that we don't really know what's going to be proposed here. I would ask as a recourmendafion that we look a little bit more intensely at what needs to be here. What's in it for us? What's in it for the developer? The developer nods money 1 2 3 4 5 6 7 8 9 10 Page 95 COMMISSIONER POWELL: YOU'Ve already spoken once, sir. I can't -- at least I think you did. UNIDENTIFIED SPEAKER: well, this was a different thing about a different situation. MS. PALLIMEO: NO. COMM£SS[ONER POWELL: Did yOU speak on this issue, sir? MS. PALUMBO: YeS, bt did. COMMISSIONER POWELL: That's all I call allow then, sir. I'm sorry, and I support that. We need a good community because we've been investing time into this conununity. I say that on bthalf of the neighbors, not me being here for four months. But what worries me the most is that you only have one chance to do it right. We've heard that. We need to leave a legacy out here. There is a fantastic strip of seoior facilities through here and I had my granchnother move into Primrose down the street. An apartment complex like that would be wonderful. I'm not opposed to multi-family. But maybe something into a senior assisted living or a senior adult apartment complex. I wouldn't be opposed to tlmt at ail. An office park, and maybe taking this drainage channel and turning it into a greenbelt or some type of a walking trail. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNIDENTIFIED SPEAKER: I Was -- COMMISSIONER POWELL: I'm sorry, sir. Yes, sir. MR. FRISB¥: r'm lack Frisby and I live at 405 Magnolia. And I put 6A or 6B on my card. COMMISSIONER POWELL: well, those cards were confusing to us, sir. MR. FRISBY: And first I thought it was going to be apartments, too, so that's one reason I came up here, but I've lived, like I said, 21 years where I live at Magnolia. And for years, I've said that would be an awful beautiful place to build some homes there. Oood Samaritan. And we've been hearing that everybody has a right to make money with their property and stuff. Sometimes you lose lnoney in tile stock Page 94 There's a lot of opportunities for the City of Denton to just raise the bar on what they've been doing in the past. There's a little suburban town of Dallas and there's a lot of growth going on, and there's demand. So I just ask you-all to seriously look at the corridor. I hear so nmch about Dtvclopment Cedis, Mobility Plans, but here in zoning it seems to be swinging so significantly, yet there's no background on what they're asking for. What's the traffic going to bt? We're not even sure what we're going to develop. And how -- how are you going to get access to the streets? We're not sure how we're going to do that yet. This is stuff you need to do in advance. You don't go through college and pick your degree at the end. You have to look and see what you want and then move forward. And everyone is willing to change the mold a little bit. But it needs to be someflfing that's reasonable with the planning. And if our planning is wrong, we may need to go back and re-evaluate our zoning laws and zoning districts and whatnot, and identify what do we need to do a little bit better. So I thank you all tonight, and have a good one. COMMISSIONER POWELL: Thank you. Any other speakers? UNIDENTIFIED SPEAKER: Yeah. I have -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 96 market. Enron, other people. I'm sorry if this man bought land and he's landlocked or the other guy can't do anything. That's not my problem. He took a chance. And another thing, I used to jog from Magnolia down to Hinkle, and run all the way to the Presbyterian Church and back~ Ninety percent of tile time those weeks are six feet and taller. About twice a year, it gets mowed. And for a long time, you couldn't hardly run down thc sidewalk because there would be briars, tree limbs. I don't think the owners cared about the neighbors, you know, or they would have mowed their yard more often. I'm sure the City Code had to come make thean mow. And when they do mow sometimes they mow three or four strips and stop. You know, people who really care about neighbors keep their property nice. And these people hasn't done -- and I don't know who owns it. I was told way back that Fulson owned Denton Center, I thought owned that. I don't know who this guy is representing or what, but, you know, he's here to make a buck and we've got a lot of people here that have got a lot of money invested in their home, and I think we ought to consider that. COMMISSIONER POWELL: Thank you, sir. Any other speakers? If there are no other speakers, thee I will close file public hearing, and ask -- ask file PLANNING AND ZONING ILINE 23RD, 2004 MINUTES Page 93 - Page 96 CondcnscItTM 7 8 9 10 11 12 3 14 15 16 17 18 19 20 21 22 23 24 25 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 97 developer if he'd like to come back up here -- rm sorry, the applicant. MR. SMITH: I think most of the comments -- COMMISSIONER POWELL: speak into the mike, sir. MR. SMITH: I think most of thc co~mnents from the people agreed that offices would be an appropriate use. Tile way your zoning ordinances are written, they allow for multiple uses. I think we're -- if we wanted to get a plan and present it to you, it would probably change because that's a lot of offices. I mean, we achuit that, 20 ac~,cs of office buildings especially with the way the zoning ordinance is written for this category requires, I believe, a maximum of 5,000 square feet per building. Well, that's a lot of 5,000 square foot office buildings. We're admitting that the majority -- that the majority of the site may not be office buildings. I mean, the market will determine that. We feel that them is a current demand for that product. How much of a demand over how much of a period of time? We don't know. The market will determine. We would like the zoning in place so that we would be able to go and ay to make this happen, bring some development to the City, take some of the burden off the school district. And we would Page 98 ask for your favorable reco~mnendation. Thank you. COMMISSIONER POWELL: Thank you. Is there any question of the applicant? Being no questions -- I'm sorry. We have one from Mr. Roy. Sir, would you come back to the mike? COMMISSIONER ROY: [ gUeSS this is a question. I mmn, two or tlm~ people came up and talked about they were worried about -- somebody said, like, 20 units per acre and that sort of stuff. Please say very clearly what your intention is with regard to multi-family and that sort of thing. MR, SM[TH: we're requesting an overlay district for the entire sim against any multi-family USES. COMMISSIONER ROY': NO muIti-fmnily units -- MR. SMITH: That's correct. COMMISSIONER ROY: -- in the entire site? MR. SMITH: Yes. The original request was a restriction along Hinkle. We, you know, listened to the concerns at the previous meeting and so we agreed to do an overlay for the entire site for no multi-family. COMMISSIONER ROY: Thank you, COMMISSIONER POWELL: Any Other questions of the applicant? Mr. Johnson. COMMISSIONER JOHNSON: And what does 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2~ !22 23 24 25 Page 99 multi-family mcan to you? Dos that include duplexes? MR. SMITH: NO, it does not include duplexes. COMMISSIONER JOHNSON: Thank you. MR. SMITH: Those are considered single -- I believe the NR-6 category allows that. COMMISSIONER JOHNSON: It does. Thank you. COMMISSIONER POWELL: Any other questions? MR. SMITH: I might point out that a nmnber of the neighbors have expressed a desire to have duplexes on the property. COMMISSIONER POWELL: Please -- any other questions of the applicant? Thank you, sir. Mr. Roy~ COMMISSIONER ROY: I have a question of staff. Many of the citizens expressed concern about the flooding issue. That's understandable because that creek bed goes right through there. And I know there's been no design, but can you address that very clearly? And maybe what do our standards say and what might be a typical solution or group of solutions to prevent any impact? MR. FULLER: orainage improveanents will be required. Building will not be allowed within the drainage casement that will be required during preliminary and final platting. So the building will not be required -- or would not be accepted wittfin the required easement Page 100 that will be needed for the channel. COMMISSIONER ROY: could you elaborate on that, less technical and more clearly what might the citizens in the area might expect? MrC FULL~R: The citizens will not see development -- when the development comes in an easement will be required that will not allow development within a certain prescribed distance to the channel on both sides. Tile size of tile easement will not be determined until platting. COMMISSIONER POWELL: we have SOllle lrtore from staff up here. And then I have some staff coming down and then I have legal. MS. C_~,ae~NTER: I think the goal in dealing with flood plains in the City is to keep them as natural as possible because they represent our water sbeds and we're trying to keep them natural so that we get cleaner water and less siltation in the lake, okay, however when we're in a reach oa a flood plain where it's considered developed on either side then the options for providing a more developed solution to the drainage situation bccomcs available to the developer. Now, correct mc if I'm wrong, David, in a case where you find development on either side of this parcel, where the flood plain is already developed, it's not in its natural state, then you will PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 97 - Page 100 CondenseltTM 6 7 9 10 1 2 4 16 17 18 19 20 21 22 23 24 2~ 1 2 3 4 6 7 8 10 il 12 13 14 16 17 19 20 21 22 23 24 2~ Page 101 probably see a drainage solution that reflects a more developed nature, a channel, a pipe, something rather than the more natural flood plain that you might see along Hickory Creek, for exmnple, because it's developed on either side of this reach. COMMISSIONER POWELL: Anything else from staff?. I've asked legal to help us out here a little bit. MS. PALUMBO: Drainage is a consideration that's taken into account on the property during the platting stage. During the zoning stage of the property, it's really premature to talk about drainage because you don't know the extent of what the development is going to be on the property. COMMISSIONER POWELL: I would like to extend those remarks with pointing out that this is a zoning case. And I'm pointing this out to the audience now. This is a zoning case. These people have a perfectly good right to come to us for a zoning change. They're not coming to us with a plan to build. They're not asking for a building permit. They're not asking for a site plan. This is a zoning situation. And that's why there is no plan at this time available to us and we can't expect it. And if I'm wrong on that, that's what I wanted legal to clear up for me. ' MS. PALUMBO; That is correct. During the Page 102 zoning possess, you're asking for a use to be placed on the property that's different from the use that is cmxently on the property. There is no requirement that the applicant come forward with any kind of site plan or to come forward and design the property and show exactly 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 103 infrastructure. That's another appropriate category to consider for a rezoning. But for the applicant to be required under the law to come forward with a site plan or with a -- COMMISSIONER WATKINS: NO, no. I didn't -- I didn't mean site plan. I didn't mean anything like that. I don't mean anything about drainage. I'm simply saying if someone comes before us and said I'd like to have sF-4, we don't have the right to ask them if they want to build a house? MS. PALUMBO: Well, there is no current SF-4 category, but for exmnple -- COMMISSIONER WATKINS: NR-4. MS. PALUMBO: NR-4 allows houses to be built. It also allows additional uses and I'd ask Ms. Carpenter to add some of the additional uses than NR-4, but the applicant is not -- when they ask for s~t-4 restricted to just houses, it's all the uses within the -- COMMISSIONER WATKIN8: well, I'm looking at NRMU-12 and I've got three pages of what it could be. MS. PALUMBO: That's correct. COMMISSIONER WATKINS: But I'm not allowed to ask what they want it to be? That's my point. MS, PALUMBO: oh, you're allowed to ask the applicant questions concerning the zoning classification, Page 104 and -- but the applicant is -- my understanding the question was, is the applicant required to come forward and tell you how they're going to use the property through a site plan or through pictures or things like that. COMMISSIONER WATKINS: NO, no. ~[ didn't what the applicant intends to build. This applicant has chosen to ask for an overlay which will restrict the uses in the zoning classification that he's asking for. COMMISSIONER POWELL: Thank you. Mr. Watkins. COMM£SSION~.~ W^TKr~s: Mr. Chairman, and point of order. Are you saying that any applicant is not -- docs not have to tell us what they're going to do with the property on a zoning case? COMMISSIONER POWELL: That's what my understanding was and that's why I asked for legal's help to make sure I wasn't stepping off into deep water here. MS. PALUMBO: That'S correct. The law does not require the applicant to come forward and say rm going to build an office building on this property. The zoning decision that you are looking at is whether the zoning classification and the uses within that classification are going to be compatible with thc adjacent properties or the zoning that they're requesting is not going to somehow cause a burden on the City's 6 7 8 9 10 tl i2 13 I4 15 16 17 18 19 20 21 22 23 24 25 ask for that. Thank you. COMMISSIONER POWELL: Mr. Watkins, I brought this up because you -- Pm sure you are remember the last time the applicant was here, I chided them dramatically for not telling these people what it -- was going to be built here. And I said to flaem that if you don't you're going to have massive opposition. But I also have to be fair to the audience and explain to thcm that we can't demand it. I think he should do it. But that's just my thoughts. And I thought there was some confusloa in the audience. And that's what I was trying do straighten out. We can't demand he tell us. I told him the last time that he'd get a lot further il' he'd do it. But so far we're -- we don't have it and there's nothing much more that I can do. But I wanted the audience to understand where all of that was coining from. Mr. Fuller -- any questions of Mr. Fuller? Now, I have a request, Mr. Fuller. I[ you would go over in clear, plain, non-planniug language, what exactly is PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 101 - Page 104 CondcnscltTM 5 6 7 8 9 10 i1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 :23 24 25 Page 105 thc zoning request here and what does it mcan? You know, we've heard in the past about multiffamily and we've heard apartments and I know that that's not there anymore. Tell us what is there and what does it mcan in your best, clearest language. MR. FULLER: Sllre. Currently, the request before us is to rezone the property to the NRMU-12 zoning district just as we would anywhere in the City any other request. The only thing that makes this unique is the applicant is requesting an overlay district, which is simply prohibiting nmlfi-family tlu-ough the entire site, through the entire lot. They are saying they will not do that one use. They will not engage in multi-family. They do have the flexibility to i~tfict any use within the NRMU-12. They do not have to only restrict nmlti-family. They could restrict as many or as few as they like in order to adch'ess ~e neighbort~ood and the citizens' concerns, they have chosen multi-family. COMMISSIONER POWELL: Thank you. MR, FULL ~EaR: IS that clear enough? COMMISSIONER POWELL: Yes~ sir. Thank you very much. And I did that mostly for tile audience because I think it's important. Any other questions from staff?. I sec no blinking lights up here. So I'!1 ask if there's any discussion on this issue or is anybody ready to move 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Page 107 uses that are allowed under the NR-4 and NRMU. 12, there are only it looks like three or four differences -- for instance, on an NRMU-12, you can have by right multi-family dwellings, however, that right has been seeded on this one by virtue of the overlay district. You can have laundry facilities on an NRMU-12 but not on an NR-4. You can have conununity service. You can have a middle school, not l/kely, and you can have for single family -- I think this is for single family units a density of 12 per acre versus four per acre for Na-,~. So yOU can have higher density for single family dwetlings. And there are some other minor uses. The major issue that I've heard is multi-family dwellings and thafs been -- that's off the table. Other than that, it's true. We don't know very much about what's going to happen hem. We do know that whatever happens, things like drainage will have to be accounted for later in tile process. We do know that traffic impact will have to be studied and things done about that possibly. Other than that, we are allowing the applicant quite a bit of flexibility. So when I Iook at the whole thing overall I don't think that the man -- that the applicant is asking for a lot of NaMUq2 than he would get in t4R-4 given that he has the overlay district applied to it. Page 106 on it? Nh'. Roy. COMMISS~O~4Ea aO¥: xhis is currently zoned NR-4, but, you knov(, backing up to that retail, backing up to the rodeo grounds there, you know, I can't imagine anybody coming in there and building fora' units per acre, you know, nice homes in there. It doesn't sma to be suitable for residential area, whether it's suitable for all of the possible uses of tqu~au-~2. ~ think that's the questiom I think the developer has gone a long way here to satisfy the residents by restricting and prohibiting multi-family~ which I recall being the major concern of -- tile first tilne we reviewed this, all of the traffic and such that would be caused by the muhi-family. So I think that's a significant restriction on the part of the site. So I'm struggling now on whether, you know, all of the other possible uses -- I'm just looking at the list, but considering tlmt -- it's unlikely that this is ever going to be developed, you know, fora' units per acre. It seems like some sort of commercial office such is going to be what this site is best used for. Thank you. COMMISSIONEg POWELL: Any other comn~ents on this iran? Discussion? Anybody -- Mr. Johnson and followed by Ms. Holt. COMMISSIONER JOHNSON'. when you compare the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 108 So it doesn't sound to me like what we're doing here if we grant his request is really very onerous. It is understandable that the neighborhood residents would feel a little bit uneasy about it not knowing what's going to come. It's like a big tiger out there maybe hiding in the bushes getting ready to pounce on you and you don't know. So that I think the uncertainty is what's driving the major part of the concern. But I think biggest concern which is multi-family has becu taken off the table. That's all I have. COMMISSIONER POWELL: MS. Holt. COMMISSIONER HOLT: NRMU is neighborhood residential mixed use. That's what it's supposed to be, a mixture of a lot of things, and taking the multi-family out is a great solufiom But you can also build all single family dwellings. COMMISSIONER POWELL: speak into your mike a little more. COMMISSIONER HOLT: ^11 single family dwellings, 12 per acre. Now, if that happened, that would really be a lot of -- a lot of houses in there. And thc intention of NRMU was a mixed, if it was small businesses, a few homes, a few garden homes, dwellings above businesses, professional services, office buildings, that would be a really nice addition because of the co~xmlercial PLANNING AND ZONING JUNE 23RD, 2004 MINUTES Page 105 - Page 108 CondcnscltTM 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 109 on two sides, would be a really nice addition. And I think that's the thing that's holding us all back because there are so many things that you could do that you don't want. And that one single family hang-up really is holding me back from this. COMMISSIONER POWELL: Mr. Johnson. COMMISSIONER JOHNSON: It'S interesting to me to note also because it has been commented here a couple of times, why don't they just sell it to Good Samaritan and be done with it? If Good Samaritan were to own this property and were to do what they have done where they are, this - the zoning would have to be NRMU-12. So even if this applicant were to sell to Good Sam, we're going to be asking thc same question for thc same type zoning later on. COMMISSIONER POWELL: Mr. Strange. COMMISSIONER S'r~NOE: I think the problem ! have with -- is similar to some of the other Conunissions is that we're going from NR-4 to an NRMU-I2 which is a very broad jmnp. And, again, with seenfingly little knowledge of what's going to take place there. And we do have a single family residential directly across the street basically three streets intersect with this property. And I don't know how we can give them any assurance of what they're going to see across from the 5 6 7 8 9 10 1t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page the floor for denial. COMMISSIONER STRANGE: second. COMMISSIONER POWELL: Seconded by Mr. Strange. Any discussion on this motion? Seeing no discussion, I will call for a vote. Motion passes 6-0. We will go to Item 7A. And we'll take a five-minute break when we do that. (Break taken.) Page 110 front of their house other than the fact we may build some offices there. So I have a problmn with it because I don't see how we're going to provide adequate buffering to the existing neighborhood. And if it did go to Good Sam, you know, that's not on the table tonight. So I don't see that as a concern. We're here tonight to talk about what this person wants to use it for. And, again, I don't see that we have any -- any affecting buffering here against the residential area. So it's a concern to me. COMMISSIONER POWELL: Any other comments? Mr, Watkins. COMMISSIONER WATKINS: Thank you, Mr. Chairman, It scorns to me that we're talking about speculation here rather than development. And there's nothing wrong with that. That's absolutely acceptable except I wish someone would just come forward and say I want to build a mn-stoW airplane hanger. Maybe I'm just simple about that kind of thing. But I just don't feel like I want to give NRMU-12 from NR-4 tO test the water. I'm sorry. Thank you, Mr. Chaimmn. COMMISSIO~4m ?OWe[i: IS anybody willing to dip their toe into a motion here? Mr. Roy. COMMISSIONER ROY: [ move denial. COMMISSIONER POWELL: we have a motion on 1 2 3 4 5 6 7 8 9 10 11 !14 16 17 18 19 20 21 22 23 24 25 Page 112 PLANNING AND ZONING jUNE 23RD, 2004 MINUTES Page 109 - Page 112 ATTACHMENT 10 O O 3AI~C] 39NNIH I I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY PROHIBITING MULTI-FAMILY USES FOR APPROXIMATELY 19.85 ACRES OF LAND LOCATED ON THE EAST SIDE OF HINKLE DRIVE, APPROXIMATELY 850 FEET NORTH OF UNIVERSITY DRIVE, AND APPROXIMATELY 1,200 FEET WEST OF CARROLL BOULEVARD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE ~ AMOUNT OF $2,000.00 FOR ViOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0009) WHEREAS, Randall Smith & Associates. has applied for a change in zoning for approximately 19.85 acres of land located on the east side of Hinkle Drive, approximately 850 feet north of University Drive, and approximately 1,200 feet west of Carroll Boulevard and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential'4 (NR-4) zoning district to the Neighborhood Residential Mixed Use 12 (NKMU-12) zoning district zoning district classification and use designation, with an overlay prohibiting multi-family uses; and WHEREAS, on June 23, 2004, the Planning and Zoning Commission recommended denial of the requested change in zoning; and WHEREAS, the City Council makes the following findings: a. The change in zoning, including the overlay district, is consistent with the Comprehensive Plan; and The overlay district will protect and enhance the Property and surrounding area which are distinct from lands and structures outside of the overlay district and the immediate neighborhood; and The regulations imposed in the overlay district serve important and substantial public interests by preserving the integrity of the neighborhood surrounding the overlay district while offering a different type; and WHEREAS, the City Council f'mds that the change is zoning is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are tree and correct and are incorporated herein by reference. SECTION 2. The zoning district classification and use designation of the Propertyis hereby changed from Neighborhood Residential 4 (NR-4) zoning district to the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use with an overlay prohibiting ail multi-family uses within the Property. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the __ day of ., 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM:. EXHIBIT 'A" All that certain tract or parcel of land lying and being situated in the R. Beaumont Survey, Abstract No. 31, Denton County, Tins, beir~ part of a (called) 42.07 acre ~ descn'bed in a deed fr~m Sidney Brandenbeq;ler, etux, to Crawford Building Corporation on June 13, 1955, and recorded in volume 411, Page 4911 Deed ~ecords of sa~d County, and being more partlouiarly described as follows: BEGINNING at a cross.tie fence comer post set in concrele ~t tim Northeaet comer of said 42.07 ~ tract THENCE South 0~ 43' 00' West, along and near a fence on the East boundary line of said 42.07 acre tract, 871.15 feat to a two-inch steel fence post set in concrete; THENCE North 88° 41' 50' West 993.73 feet to a steel pin on the East boundary line of Hinlde Drive; THECE NORTH 01° 16' 10' East, with the East boundary line of Hinkle Drive, 874.10 feet to a steel pin on the North boundary line of said 42.07 acre tract; THENCE South 88° 31' 30' East, along and near a fence on the north boundary line of said 42.07 acre tract, 987.6t feet to the PLACE OF BEGINNING and CONTAINING in all 19.8454 acres of land, mom or less. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: April 5, 2005 Parks and Recreation Department Howard Martin, Utilities 349-8232 SUBJECT Hold a public hearing and consider adoption of an ordinance graining approval of a public street easement for the surface use of an approximate 0.05 acre portion of the Denton Branch Rail Trail for the purpose of a public street at Woodrow Lane in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a Public Street Easemem, and providing an effective date. The Parks, Recreation and Beautification Board recommended approval with a vote of 5-0. BACKGROUND The City of Denton, Street Department is requesting the use of parkland in order to expand the right of way of Woodrow Lane/Colorado Boulevard across the Demon Branch Rail Trail. The request is for a Public Street Easement expanding the existing public crossing 23 feet wide by 100 feet across as it crosses the rail trail right of way. This request is part of the improvements to Woodrow Lane with the addition of a traffic signal at Spencer Road. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: 1.) there is no feasible andprudent alternative to the use or taking of such lan& and 2.) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. b) a finding may be made only after notice and a hearing as required by this chapter." If the proposed Public Street Easement is allowed, a value must be placed on the additional acreage and charged to the City of Demon, Street Division. In addition, land disturbed in the park will be returned to its original condition and all pedestrian route connections and sidewalks will be reconnected. Parks and Recreation Department and the City of Denton staff have reviewed all other possible alternatives. These alternatives included: · Make no changes to the existing Public Street Easement and keep the current alignment and lane width of Woodrow Lane in place. This option does not provide for the ability to add proper turn lanes at the Woodrow Lane/Spencer Road intersection and provide for a traffic light. -1- Allow the expansion of the current Public Street Easement to 80 feet to match the street right of way width of adjacem properties. This option will permit the ability to expand the street pavemem to include mm lanes for Spencer road and a new traffic light. Also the Ordinance will grant a permanent street easement to the City of Denton in the event a railroad reclaims the railbanked right of way for re-activation of a railroad. RECOMMENDATION ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in spring 2005. PRIOR ACTION/REVIEW The Parks, Recreation and Beautification Board recommended approval (5-0) of this expansion of Woodrow Lane Public Street Easement at a meeting on March 7, 2005. FISCAL INFORMATION Compensation related to this use is still under discussion with City of Denton Street Division. It is reasonable to expect that improvements directly related to programs and/or facilities in the Demon Branch Rail Trail will be provided. BID INFORMATION Not applicable EXHIBITS: 1. Map 2. Ordinance 3. Minutes Prepared by: Respectfully Submitted: Janet Simpson, Director Parks and Recreation Department Bob Tickner, Superintendent Parks and Recreation Department -2- Denton Branch Rail Trail Woodrow Lane Public Street Easement Proposal Exhibit 2 lira :BI Easement expansion IN EXHIBIT 1 ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL OF A PUBLIC STREET EASEMENT FOR THE SURFACE USE OF AN APPROXIMATE 1/2 ACRE PORTION OF THE DENTON BRANCH RAIL TRAIL FOR THE PURPOSE OF A PUBLIC STREET AT WOODROW LANE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A PUBLIC STREET EASEMENT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize harm to the park resulting from such use; and WHEREAS, the City of Denton desires to improve public transportation to the City of Denton by expanding a roadway 23 linear feet across the trail for a public street; and WHEREAS, the City of Denton desires to construct the public street across the Denton Branch Rail/Trail since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Denton Record Chronicle on March 14, 21, and 28, 2005 of a Public Hearing to be held on April 5, 2005 in the Council Chambers to' consider the alternatives to the use of City Park for the subject street project; and WHEREAS, the City Council on April 5, 2005, received testimony at a public hearing on the issues of no feasible and prudent alternative to the use of the property for the proposed project and that the project includes all reasonable planning to minimize harm to the Denton Branch Rail/Trail resulting from the public street crossing; and WHEREAS, the City Council finds that the project does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the park land and that the subject public street project includes all reasonable planning to minimize harm to the park as a result of the project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. The public street crossing for Woodrow Lane proposed by the City of Denton (the "Project") shall be constructed and maintained above the surface of the park property containing approximately ½ acre at the location set forth in Exhibit A, which is attached hereto and made a part hereof for all purposes. The City Attorney is hereby authorized to substitute this description for an actual survey description once a survey is received. The surface of the park after installation of the public street be constructed in a manner so that the park land EXHIBIT 2 S30ur DOeameulgOrd~e~tWo~h~wLane-RailTrail4~5 OS.DOC may still be used by its patrons after completion of the Project in the same manner it was used prior to the Project. SECTION 2. A public street dedication easement which is revocable as required by law (National Trails System Act, 16 U.S.C. 1247(d)) shall be composed by the City Manager or his designee and approved by the City Attorney allowing the use of the park property for the Project as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the park from injury and damage both during and after construction of the Project; compensates for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the Project, temporary use of such additional park land necessary to stage the construction of the improvements may be approved by the Director of Parks and Recreation Department. However, at the completion of the construction activities for the Project such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The fights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED th/s the __ day of ., 2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 N 00'36'45' 30,77' z N 0.47]5 ACRES 61°45'32· ~ ~=12~e.oo' II ~H=NOi3 3~37~ ~ ~6,3~' 0 `30' 60' 1 "=.30' WOODROW LANE RAILS TO TRAILS PUBLIC STREET EASEMENT (EXHIBIT A) Page 1 Page 2 DRAFT Parks, Recreation and Beautification Board March 7, 2005 City Hall Conference Room Members presem: Teresa Andress, Geri Aschenbrenner, Patrice Lyke, Ross Richardson, and Chuck Smith. Members absent: Jo Kuhn and Reggie Heard. Staff present: Janet Simpson and Bob Tickner. Chairman Teresa Andress called the meeting to order at 6:00 p.m. AWARDS AND RECOGNITION - Janet announced that the Leisure Services Division was awarded with the National Recreation and Parks Association Regional Award for the Denia Homeschool program. APPROVAL OF MINUTES OF FEBRUARY 21, 2005 - The minutes were approved as distributed. ACTION ITEMS Proposed Public Street Easement Denton Branch Rail Trail - Bob reviewed the City of Denton Street Department is requesting the use of parkland in order to expand the right of way of Woodrow Lane/Colorado Boulevard across the Demon Branch Rail Trail. The request is for Public Street Easement expanding the existing public crossing 23 feet wide by 100 feet across as it crossing the rail trail right of way. This request is part of the improvements to Woodrow Lane with the addition of a traffic signal at Spencer Road. ACTION: Ross Richardson made a motion to approve the Chapter 26 request. Geri Aschenbrenner seconded the motion and it passed unanimously. DISCUSSION ITEMS - None DIRECTOR'S REPORT Project Status Report - There were no questions regarding the distributed report. Keep Denton Beautiful - There were no questions regarding the distributed report. ITEMS FOR NEXT MEETING - The Board requested that if Chapter 26 gas line requests come before the Board, they would like to go out to rail/trail and tour the area before voting on the item. There being no further business, the meeting was adjourned at 6:15 p.m. EXHIBIT 3 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: April 5, 2005 Planning and Development Department Jon Fortune, Assistant City Manager SUBJECT: ADP04-0009 (Shady Oaks and Mexican Inn Restaurants) Consider adoption of an ordinance concerning an Alternative Developmem Plan for approximately 3.2 acres of land located in Regional Cemers Commercial Dowmown (RCC-D) zoning district. The proposed site is generally located at the southwest corner of Windriver Lane and 1-35 E frontage road intersection. Two restaurants are proposed. The Planning and Zoning Commission recommends approval (5-0). BACKGROUND Applicant: Clear Water Construction Arlington, Texas The purpose of an alternative development plan is to provide an option for developments that do not meet the site design standards as outlined in the Development Code, but meet or exceed the objectives of the DeNon Plan and Developmem Code. The applicant is proposing to vary from the site design standards concerning the location and maximum number of parking spaces by providing additional landscaping and pedestrian walkways. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (5-0, Commissioner Noble was absem) ESTIMATED PROJECT SCHEDULE The subject property is preliminary platted. commencement of construction. Final Plats and building permits are required prior to PRIOR ACTION/REVIEW The following is a chronology of ADP04-0009: Ordinance 2002-040, adopted February 2002, placed the subject property in the Regional Center Commercial Downtown (RCC-D) zoning district. Prior to the adoption of the Development Code (Ordinance 2002-040), the property was zoned Agricultural. ATTACHMENTS 1. Staff'Analysis 2. Location Map 3. Site Plan 4. March 9, 2005 Planning and Zoning Commission Minutes 5. Ordinance Prepared by: Deborah Viera, AICP Planner II Respectfully submitted: Kelly Carpenter, AICP Director of Planning and Development ATTACHMENT 1 Staff Analysis Summary of Alternative Development Plan Request Permeable paving: § 35.13.10.B. 1 .c states: Permeable paving is required for those parking spaces that exceed the number of parking spaces required. The applicant is proposing to exceed the required parking by 118 spaces, which relates to 19,116 sf of permeable paving. Instead of the permeable paving, the applicant is proposing to increase open space and tree canopy coverage throughout all parking areas and for the entire development. The table below identifies the required and proposed open space and tree canopy required and proposed: Required Proposed Difference 7% 10.32% 55% + increase Parking lot open space (5,800 sq. ft.) (9,032 sq. ft.) (3,232 sq. ft.) 10% 22.06% 120% + increase Site open space (14,000 sq. ft.) (30,884 sq. ft.) (16,884 sq. ft.) Parking lot tree canopy 15% 32.97% 119% + increase coverage (12,428 sq. ft.) (27,318 sq. ft.) (14,890 sq. ft.) Site tree canopy 20% 39.20% 96% + increase coverage (28,000 sq. ft.) (54,875 sq. ft.) (26,875 sq. ft.) Parking between Building and Street: § 35.13.13.4.A. 8 states: Parking areas shall be located behind buildings or on one or both sides, except along the interstate where a minimum fifteen foot (15') additional lan&cape area will be required along parking areas in front of a building. The applicant is proposing parking between the buildings and the street. Along 1-35, parking between the building and right-of-way is allowed with additional landscaping. Due to the site location, parking between Wind River Lane and the buildings will be compatible within the area. To mitigate the visual effects created by parking along Wind River Lane, a three- foot (3') tall wrought iron fence with stone columns is proposed as visual buffer in addition to the landscaping. Eight-foot sidewalks are proposed along south of Wind River Lane with street trees on both sides of the sidewalks. They serve as pedestrian walkways and further recess the parking area away from the street. The design encourages pedestrian flow with paths connecting the buildings and sidewalks. Overall, the applicant's proposal provides elevated visual qualities that outweigh the location of parking. Existing Condition of Property Adjacent zoning: North: RCC-D-Vacant South: RCC-D-Vacant West: RCC-D - Vacant East: RCC-D - Denton Regional Medical Center The subject property is undeveloped. Comprehensive Plan Analysis The subject site is located within a "Regional Mixed Use Center" future land use area. Regional Mixed Use Centers are intended to contain the shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. A regional activity center could contain developments such as a regional shopping mall, big box retail, superstores, restaurant and entertainment facilities, a high school or community college, and high-density housing. "The quality of development, particularly commercial development along the city's corridors, is a significant factor in the quality of neighborhoods, the urban environment, and the sustainability of structures. Adequate public facilities shall be a criterion by which zoning is granted." (p. 42) "Visual quality objectives and a healthy business climate should not be considered mutually exclusive. Urban design concepts should be incorporated into private development plans early into the review process." (p. 61) "OffZstreet parking requirements should reflect respect for environmental quality considerations. Parking location and associated landscaping should be carefully regulated to avoid unacceptable expanses of pavement. Large parking lots should be broken into smaller sub-lots. Parking standards should be carefully set to avoid unnecessary pavement. Shared use parking facilities should be encouraged." (p. 66) The Denton Plan clearly identifies the visual quality of commercial developments as an integral component of the site design process that could have a major impact on the urban environment. Special attention is given to parking lots in the Denton Plan. Developers should design parking areas with pedestrian pathways, minimized large paved surfaces, and the use of landscape areas. Development Code/Zoning Analysis The proposed plan deviates from the parking standards established by the Development Code. Section 35.13.5.A. identifies the criteria for approval of an Alternative Development Plan. A. Criteria for Approval. The goals and objectives which must be met, and by which the proposal will be judged are: 1. Preserve Existing Neighborhoods. 2. Assure quality development that fits in with the character of Denton. 3. Focus new development to activity centers to curb strip development and urban sprawl. 4. Ensure that infrastructure is capable of accommodating development prior to the development occurring. Staff Findings: 1. The proposed development is not adjacent to any existing neighborhoods. 2. The proposed development is similar to recent developments in Denton. 3. The proposed development is located in a Regional Activity Center. 4. Existing infrastructure is adequate to accommodate the development. 5. The proposed additional open space, landscaping, fences, and 8' sidewalks, ensure a quality development that meets the intent of the regulations of the Development Code. Staff Recommendation: Based on above findings, staff recommends approval. ATTACHMENT 2 Location Map NORTH ATTACHMENT 3 Site Plan c / / / / ,/ ,i Landscape Plan 3g~ AMH 3ZWLSW31N! Planning and Zoning Commission March 9, 2005 Page 2 of 2 Stuart Road. The subject site is within Neighborhood Residential 3 (NR-3) and Neighborhood Residential 4 (NR-4) zoning districts. One lot is proposed for institutional use. (FP04-0051, C.H. Collins Athletic Complex, Kay Liang) Co Approval of Final Plat of Robson Ranch, 8-1. The approximately 35.78-acre site is located on the north side of Robson Ranch Road, approximately 2,500 feet east of Florence Road. The site is located within Planned Development 173 (PD-173) zoning district. 83 residential lots, one private street lot and one open space lot are proposed. (FP04-0044, Robson Ranch, 8-1, Supriya Chewle). Do Approval of Final Plat of Robson Ranch, Michelle Way, Phase I. The approximately 8.36-acre site is located on the north side of Robson Ranch Road, approximately 2,500 feet east of Florence Road. The site is located within Planned Development 173 (PD-173) zoning district. One non-residential lot is proposed. (FP04-0045, Robson Ranch, Michelle Way, Phase I, Supriya Chewle). mo Approval of a Physical Hardship Variance of Section 35.20.3 (B) of the Code of Ordinances and cross-referenced Section 2.1.3 of the Transportation Criteria Manual concerning sidewalk width along a local street. The variance requested is for 605 feet of sidewalk on the north side of Prairie Street west of Bradshaw Street bordering Oakwood Cemetery. (V05-0010, Prairie/Bradshaw Sidewalk Variance, Stephen Cook) Commissioner Holt moved to approve the consent agenda. Commissioner Watkins seconded. Motion carried 5-0, Commissioner Noble absent. 4. INDIVIDIIAI, CONSIDERATION: Consider making a recommendation to City Council on the following items: mo Alternative Development Plan for approximately 1.75 acres of land located in Regional Centers Commercial Downtown (RCC-D) zoning district. The proposed site is generally located southeast of Windriver Lane and southwest of 1-35. Two restaurants are proposed. (ADP04-0009, Shady Oaks and Mexican Inn Restaurants, Kay Liang) Commissioner Roy moved to approve. Commissioner Holt seconded. Motion carried 5-0, Commissioner Noble absent. MEETING WAS ADJOURNED AT 6:42 PM 5. FIITIIRE AGENDA ITEMS ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN FOR APPROXIMATELY 3.2 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WlNDRIVER LANE AND 1-35, WITHIN A REGIONAL COMMERCIAL CENTER DOWNTOWN (RCC-D) ZONING DISTRICTS, SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP04-0009) WHEREAS, Clearwater Construction has applied for aa alternative development plan (the "ADP") on approximately 3.2 acres of land particularly described in Exhibit "A" attachexl hereto and made a part hereof by reference (the "Property") which ADP is on file in the City's Planning Department, a copy of which is attached hereto and made a part hereof as Exhibit "B" which Property is located in a Regional Centers Commercial Downtown (RCC-D) zoning district; and WHEREAS, on March 9, 2005, the Planning and Zoning Commission recommended approval of the ADP; and WHEREAS, the City Council finds that the ADP is consistent with the Denton Plan; NOW, THEKEFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein. SECTION 2. The ADP is hereby approved. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~ day of ,2005 EULINEBROCK, MAYOR ATTEST: JENN]FER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~~ PAGE 2 EXHIBIT A LEGAL DESCRIPTION BEING a 3.214 acre tract of land situated in the M.E.P. and P.R.R. CO. Survey, Abstract No. 950, in the City of Denton; Denton County, Texas, and being a portion of that certain tract of land described in deed to Windjammer, Ltd., recorded in County Clerk's File No. 98-R0093041 of the Real Property Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8~inch steel rod with plastic cap stamped "JDJR" set at the intersection of the south right of way line of VVindriver Lane (a 80' right-of-way) recorded in County Clerk's File No. 99-R0065227, Real Property Records, Denton County, Texas and the southwest right-of-way tine of Interstate Highway 35 (a variable width right-of-way); THENCE South 49 degrees 57 minutes 22 seconds East, with the southwest line of said highway and the northeast line of said Windjammer Tract, a distance of 244.55 feet to a 5/8-inch steel rod with plastic cap stamped "JDJR" set for corner, same point being the north corner of a called 3.00 acre save and except tract described in the aforesaid deed to Windjammer, Ltd. recorded in County Clerk's File No. 98-R0093041, Real Property Records, Denton County, Texas; THENCE South 40 degrees 02 minutes 38 seconds West, departing the south tine of said highway and along the northwest line of said 3.00 acre tract, a distance of 569.47 feet to a 5/8-inch steel rod with plastic cap stamped "JDJR" set for corner; THENCE North 49 degrees 57 minutes 22 seconds West, a distance of 261.28 feet to a 5/8-inch steel rod with plastic cap stamped "JDJR" set for corner in the south line of said Windriver Lane, same being the beginning of a curve to the left having a radius of 540.00 feet, a central angle of 14°18'54'', a tangent of 67.81 feet, and a chord that bears North 47 degrees 11 minutes 14 seconds East a distance of 134.57 feet; THENCE with said curve to the left and with said south line of windriver Lane, an arc distance of 134.92 feet to a a 5/8-inch steel rod with plastic cap stamped "JDJR" set for corner; THENCE North 40 degrees 02 minutes 38 seconds East, with said south line of Windriver Lane, a distance of 435.95 feet to the PLACE OF BEGINNING. CONTAINING a computed area of 140,000 square feet or 3.214 acres of land. :IgC AMH ::II¥1~i::I=IINt :lgg XMH 3-LV-LC3EI':I.LN! AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: April 5, 2005 Materials Management Questions concerning this acquisition may be directed to Bruce Henington 349-8134 ACM: Kathy DuBose ~ SUBJECT Consider adoption of an Ordinance accepting sealed competitive proposals and awarding a contract for construction services for renovations to the City of Denton Municipal Jail; providing for the expenditure of funds therefore and providing an effective date (RFSCP 3290-Additions to Denton City Jail awarded to Jones and Jeffery Construction Co., Inc. in an amount not to exceed $317,992.30). RFSCP INFORMATION This competitive sealed proposal is for the renovation of the City of Demon Municipal Jail at 635 East Hickory. The project includes limited demolition and modifications to the electrical system, plumbing, ceiling, security cameras, and HVAC to accomplish the construction of two additional jail cells and other minor improvemems. The construction is to be done during normal work hours without interruption to standard jail operations. Four competitive sealed proposals were received. Team members from Purchasing, Facilities Management, the Police Department, and Kirkpatrick Architects evaluated the two most qualified proposals. The proposal from Jones and Jeffery Construction Co., Inc. was selected as the best value and most responsive contractor. RECOMMENDATION Award to Jones and Jeffery Construction Co., Inc. in an amoum not to exceed $317,992.30. PRINCIPAL PLACE OF BUSINESS Jones and Jeffery Construction Co., Inc. Demon, TX STAFF COST ESTIMATE This project was estimated to be approximately $300,000. ESTIMATED SCHEDULE OF PROJECT Construction is estimated to take 150 days. Agenda Information Sheet April 5, 2005 Page 2 FISCAL INFORMATION Funding for this project is budgeted in account number 100091445. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-RFCSP 3290 Bid' 3290 Date' 2/8/2005 Municipal 3ail Renovations Attachment 1 *****This is a best value procurement obtained from competitive sealed Is.**** ~ .... ]Imperial ]ones & ]effery ~ Pete uurant & Tim t~eaty ........ ~ L~onstructlon, L~onstructlon  Associates, Tnc. Builders, Tnc. Ltd Tnc Company, Principle Place of Business: Keller, TX Denton, TX Weatherford, TX Denton, TX 1 TOTAL BASE BID $419,000.00 $362,200.00 $363,732.00 $254,868.00 2 DAYS 210 Days 189 Days 160 Days 150 Days CAMERA SYSTEMS UPGRADE/ $58,134.30 $58,134.30 $58,134.30 $58,134.30 3 NOTIFICATION SYSTEMS OF AMERICA 4 ALT. BID ~1 $8,000.00 $5,270.00 $8,900.00 $4,990.00 5 DAYS 0 0 0 4 Days 6 BID BOND YES YES YES YES 7 Addendum ~ i YES YES YES YES 8 Addendum ~ 2 YES YES YES YES 8 Addendum ~ 3 YES YES YES YES ORDINANCE NO. AN ORDINANCE ACCEPTING SEALED COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR CONSTRUCTION SERVICES FOR RENOVATIONS TO THE CITY OF DENTON MUNICIPAL JAIL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE (RFSCP 3290-ADDITIONS TO DENTON CITY JAIL AWARDED TO JONES AND JEFFERY CONSTRUCTION CO., INC. IN AN AMOUNT NOT TO EXCEED $317,992.30). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of Construction Services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFSCP NUMBER CONTRACTOR AMOUNT 3290 Jones and Jeffery Construction Co., Inc. $317,992.30 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. That should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. That by acceptance and approval of the above numbered items of the submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposals or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ~:::': : " . 7~x' BY: ~:2~::_~---~ 3-ORD-RFSCP 3290 (.~z/ U AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: March 31, 2005 Planning and Developmem Jon Fortune, Assistam City Manager SUBJECT Consider approval of a resolution of the City of DeNon, Texas, authorizing the City Council of the City of Denton to provide comments to the North Central Texas Council of Governments concerning coordination of the alignment of the Trans-Texas Corridor. BACKGROUND The City Council Mobility Committee has met on several occasions and discussed a proposed alignment of a future connector road between 1-35 and the future extension of the Dallas North Tollway. The Mobility Committee feels that it is importam to establish a corridor for such a future connector road. Additionally, after hearing the presentation of Mr. Michael Morris of the North Cemral Texas Council of Governmems (NCTCOG), where he discussed both this proposed corridor and the position of the Regional Transportation Council on the Trans-Texas Corridor, the Mobility Committee deems it appropriate to request of the NCTCOG, that the referenced "connector road" become a part of the TTC corridor. OPTIONS I. Approve the subject Resolution. II. Provide staff direction on other alternatives. RECOMMENDATION The City Council Mobility Committee and the staff recommend approval of the subject resolution. Such approval is an initial step in providing for the establishmem of a corridor for the future roadway. EXHIBITS Resolution and draft letter to the NCTCOG. Respectfully submitted: Jon Fortune Assistam City Manager Prepared by: Butch Jones Regional Mobility Coordinator RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY COUNCIL OF THE CITY OF DENTON TO PROVIDE COMMENTS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS CONCERNING COORDINATION OF THE ALIGNMENT OF THE TRANS-TEXAS CORRIDOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council Mobility Committee met on several occasions to discuss the proposed alignment of the North Loop Connector between the North Dallas Tollway and 1-35, North of Denton; and WHEREAS, the City Council Mobility Committee made a recommendation that the North Loop Connector could serve as a proposed alternative alignment for the Trans-Texas Corridor; and WHEREAS, the North Cemral Texas Council of Govemmems, ("NCTCOG"), has requested that the City Council provide input to NCTCOG on the alternative alignment; and WHEREAS, the City Council of the City of DeNon wishes to provide commems to NCTCOG concerning coordination of the alignmem of the Trans-Texas Corridor as described in Attachment A; and WHEREAS, the City Council is authorized to sign Attachmem A to provide the commems to the NCTCOG concerning coordination of the alignmem of the Trans-Texas Corridor; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of DeNon is authorized to sign Attachmem A to provide the comments to the NCTCOG concerning coordination of the alignment of the Trans- Texas Corridor. SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Demon and it is accordingly so resolved. PASSED AND APPROVED this the __day of ,2005. EULINE BROCK, MAYOR S:\Our Documents\Resolutions\05\NCTCOG Letter for Trans-Texas Corridor.doc 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S:\Our Documents\Resolutions\05\NCTCOG Letter for Trans-Texas Corridor.doc 2 215 E. MclO,~EYSr~,EEr, DENTON, TX 76201 (940) 349-7717- FAX (940) 349-8596 April 5, 2005 Mr. Michael Morris, P.E. Director of Transportation North Central Texas Council Of Governments P.O. Box 5888 Arlington, TX 76005-5888 Dear Mr. Morris, The City of Denton would like to thank you for your efforts to plan and meet the transportation needs for our region. It is reassuring to know that we have such excellent leadership from you and NCTCOG. We would like to solicit your help in coordinating the future alignment of the proposed Trans- Texas Corridor (TTC) in a way that will be most beneficial to our community. We strongly believe that such a corridor should include a path through Denton County, and that this corridor should parallel Imerstate Highway 35 as closely as possible. The alignmem of the corridor in relation to the City of Denton should be compatible with present growth patterns and existing plans for future development of the City. We would also request that the plans and work that have been put into the NAFTA Corridor not be ignored, but rather that the TTC coordinate with the proposals and plans that have been in place for years. In particular, we believe that TTC should form a continuum with existing North Central Texas Regional Transportation corridors and with developmem plans already in place for the future of North Central Texas Regional Transportation. We believe that such a continuum, by necessity, should include a connection between the Dallas North Tollway (DNT) and Imerstate Highway 35. We further believe that the most reasonable location for such a connector would lie in a corridor north of and paralleling US 380, south of Lake Ray Roberts. The City of DeNon would like to solicit your help and expertise in establishing such a proposed corridor between the DNT and 1-35, and we strongly suggest that the location of the 1-35 tie-in be just north of Loop 288 in the City of Denton. "Dedicated to Quality Service" www. cityofdenton, com By copy of this letter we solicit and invite the participation of Denton County, Denton County Transportation Authority, and the North Texas Tollway Authority in pursuing this location for a portion of the TTC. Additionally, Mr. Morris, we most certainly welcome your thoughts and guidance in helping us to achieve this goal for regional transportation in the Denton County area. Thank you for you help. Euline Brock, Mayor Perry McNeill, Mayor Pro-Tem Raymond Redmon, Councilmember Pete Kamp, Councilmember Jack Thomson, Councilmember Bob Montgomery, Councilmember Joe Mulroy, Councilmember cc: Denton County Commissioner's Court Denton County Judge Mary Horn Charles Emery, Chairman DCTA John O. Hedrick, Executive Director DCTA David D. Blair, Jr. Chairman of the NTTA Allan Rutter, Acting Executive Director of the NTTA John Polster, ITS Butch Jones, City of Denton AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: April 5, 2005 Planning and Developmem Jon Fortune, Assistam City Manager SUBJECT Consider approval of a resolution of the City of DeNon, Texas, endorsing and establishing a regional policy position regarding the Texas Department of Transportation's Trans-Texas Corridor- 35 initiative. BACKGROUND The Texas Department of Transportation, in cooperation with the Federal Highway Administration, is preparing to conduct a series of public meetings this spring on the proposed Trans-Texas Corridor (TTC). imerested parties have been invited to provide public commem to be submitted by April 22, 2005. The City Council Mobility Committee emertained Mr. Michael Morris of the NCTCOG on February 4, 2005, when he presemed a program outlining both the TTC and the proposed position of the Regional Transportation Council (RTC) regarding the TTC. The City Council Mobility Committee met on March 28, 2005 and further discussed the policy position of the RTC regarding the TTC. OPTIONS i. Approve a Resolution stating that the City of Denton adopts the Regional Policy Position of the Regional Transportation Council. ii. Provide staff direction on other alternatives. RECOMMENDATION The City Council Mobility Committee and staff recommend approval of the resolution adopting the Regional Policy Position of the Regional Transportation Council. EXHIBITS Regional Transportation Council's Policy Position regarding the Trans-Texas Corridor- 35. Applicable schematic maps illustrating the proposed TTC-35. Respectfully submitted: Jon Fortune, Assistant City Manager Prepared by: Butch Jones Regional Mobility Coordinator RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ESTABLISHING A REGIONAL POLICY POSITION REGARDING THE TEXAS DEPARTMENT OF TRANSPORTATION'S TRANS-TEXAS CORRIDOR - 35 INITIATIVE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council Mobility Committee met on March 28, 2005 to discuss the policy position as adopted by the Regional Transportation Council (RTC) regarding the Departmem of Transportation's Trans-Texas Corridor; and WHEREAS, the Texas Departmem of Transportation is seeking commems on the proposed Trans-Texas Corridor; and WHEREAS, the City Council Mobility Committee made a recommendation that City of Denton should adopt a resolution supporting the policy position adopted by RTC as shown in Attachment A; and WHEREAS, the City Council of the City of DeNon desires to adopt the Regional Policy Position as shown in Attachment A; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of DeNon adopts the Regional Policy Position as shown in Attachment A. SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Demon and it is accordingly so resolved. PASSED AND APPROVED this the __day of ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents\Resolutions\05\MPO Review.doc North Central Texas Council Of Governments TO: FROM: SUBJECT: Michael 'B?hrens, P.E. Executive Director · Michael Morris, .P.E. Director of Transportation Regional P°sition on theTrans-Texas Corridor-35 DATE: February 23, 2005 Thank you for your continued hard work On State transportation, issues; Your staff's commitment to supporting the Trans-Texas Corridor-35 public involvement process has been very impressive. Their commitment to serving the'public is a credit to you and your organization. In anticipation of the Texas Transportation commission's pending selection of a single corridor alignment, the Regional Transportation Council has approved the attached regional policy position. Staff anticipates ongoing work with regional partners and the Texas Transportation COmmission throughout the concurrency process as you and your staff move forward on this initiative. · If you have questions or concerns regarding the attached policy position, please contact me at (817) 695-9241. MS:Ik Attachment cc: Ric Williamson, Texas Transportation Commission Phillip Russell, P.E. TxDOT Maribel Chavez, P.E. TxDOT Fort Worth Bill Hale, P.E. TxDOT Dallas Mike Sims, NCTCOG 2004-2005 UPWP Element 5.06 Project File ,616 Six Flags Drive, Centerpoint Two P.'O. Box 5888, Arlington, Texas 76005-5888 (817) 64'0-3300 FAX: 817-640-7806 {~ recycled paper http://www, nctcog.org RESOLUTION ESTABLUSH]NG A ::REGIONAL POUC:Y POS]TON REGARDUNG THE TEXAS DEPARTMENT OF TRANSPORTAT]ON~'S TRANS~TEXAS CORR]BOR- 35 ]NliT]AT]VE WHEREAS, Uhe Nod;h Cenl:ra] Texas Council of Governments (NCTCOG)has been des,ignated as the Metropo!itan Planning OrganizaIJon for the Da!las-Fort Wod:h area by the Governor of Texas in accordance wit:h federal !aw; and, WHEREAS, NCTCOG is. authorized by aw to conduct such coordinating and [echnical studies as required to ;juide the unified developmenl, et the area. eliminate et. ~icat on, and pr'emote economy and elliciency througls area-.wiCe planning; and. WHEREAS, the Regional Transpodalion Council, comprised primari!y of Iocaa elected oU*ficaa~s, is the regional Iranspor[atJon pokey body associated with NCTCOG, and lqas been and continues to be a forum For cooperative decisions on transoodation ]nclud;ng the approval o~ the regional Mobility Plan, air quality conformi;ty process aed pr'o,lect pr'c, grar~mlng; and, WHEREAS, the Re9 onal 1Fransoodaaon Council' has previously adopted a Goo,ds MovernenU Corridors Technology Deploymeal Program a:imed at expanding and enhancing Ihe Intelligent Transportation System in. frastructure in the region along major ~;uck routes and; WHEREAS, the Regioeal I ransportation Counci~ is respcx~sible under lederaI law to ~ulBII the federal concurrency requirement ]or' projects t. ha~ ~moact the region (23 U.S..(;. §§ I34. 135; 23 CFR § 450.208(a)(2'1), §450.210; §450.2~4(bX4)), ano: WHEREAS,, ali major roadway construction projects wi'[h;n the regional Metropolitan P!anning Are~-. musL by federal law, be approved by the Regional Transpod:aaen CeJncil ir'l I:he regiona~ Mobility Plan; and,, WHEREAS, HB 3588~ passed by the 78~u Texas Legisla~.ure in 2003, requires the 'Texas Transportation Commissior~ to compare the congestion relief costs and bene¢ils of Trans-Texas Corridor investments again¢ alternative investr~e¢~ts;, and, WHEREAS, the Trans,.:Texas Corridor -. 35 provides imp. o~anU new corridors 'for' er/erg:y, water, informa[ion and o!her u!:ility needs necessary for cor~t:inued ur'ban grow'th; an;d, WHEREAS, the Trans.-Texas Corridor cea sept. provides an opporI:unity [o meet both ur'barl¢ and ;inter~c;ity transpor-tation needs; and, NOW', THEREFORE, BE UT HEREBY RESOLVEB: Section Th,aU the Regiona! Transpodation Council supports expanded invesl:rnenl:s to meet iong-,standing urban mobBty, r'etiabili, ty, safety and air quality needs, inc~udirlg utilizing the Trans-Texas Corridor'.-,. 35 main ,alignment and urban connectors to meet Uhese crucia! urban needs. Sect:ion That t:he maps shown as A!:tachments 1 l;hrough 4. represent regionally supported phased modal investmen(s, This includes right of way presepcation for al;l corridors, Section 3. Tha~: Trans,-Texas Corridor-. 35 consodJum investments and concession fees should be used in the near term to eva~uate and, as feasib!e~ construc~ both an easL/w'est freight rail bypass ko the south of the region and a nod:h/south freight rail bypass 'to the west o! lhe region. (Attachment 1 }, This incJudes an inves!ment ~o provide congestion feiief a~ Tower 55.. That Trans-Texas Corridor ,- 35 consorlium investments and concession fees shouM be' used in the near terns ~o evaluate and~ as feasible., oonstruc:t dedicated truck 'lanes and ©~her truck improvements on the TransZ~'exas Corridor Truc~ Urban Connectors identified on I,H,20, !B, 30 east o~ I.H. 635, I,H.. 35W, LH 35E,, U,S, 287, U.S. 6'7~ the west side of I,H~ $20~ !,H, 635 south of' L~, 30, $,H, 360 south o~ !,H, 20, and Loop 12/Spur ~08, Ca:her truck tela~ed improvements include ~n~e!ligen't T'ranspodaSon System improvements, geomeb"ic improvemen'ts~ interchange and ~:rontage road improvemen~s, and dher truck safety enhancements, That Trans-'Texas Comdor .~ 3.5 consodium investments and concession ~ees shoutd also be used in the near-~term to eva~uate ar'ad, as feasible, construct an inter-.city 'ltucX, corridor. (Attachment 2) Se.crOon 5~ Tha~: Trans-Texas Corridor- 35 consodium investment8 and concession fees should be used in the near ~erm fo evaluate and, as ~easibie, cen¢.ruct additional capacity improvement's ~o 1he to!! road Aulomobile Urban Connector along existing and planned sections of the BaBes North Tollway, S.~H~ 161, the President George Bush 'Turnpike~ and S.H. 360. Tha~ Trans.,Texas Corridor- 35 consortium inveslr'nents and concession ~ees should a~so be used in the nearqerm to evalua!;e and, as feasible, construct an in~er-city aut:o corridor, (Attachment 3) Sec~o]~ 6~ ThC the high-speed rail portion of the Trans-Texas Corridor should access t:he Dallas/Fed Worth !nternaSonai AJrporl (DFWiA} from the souB"~ as indicated k~ the DFWIA Bai~ Access Study, and should also connec~ ~o ~he regional iigh~ and commuter rail system ~o facilitate movement to other' destinations in the region. (A/~tachment 4) Se, ctio~ 7', Tha( the inter-city portions of ~;he Trans-Texas Corridor- 35 a!ignmen! between Hillsboro and Laredo should be spaced as close to ~,:H. 35 as possible. Section 8~ Thai the eva!uation of a!ternat:ive roui.e.s and staging 0¢ inves(ment should include an analysis, of e. canomic impacts to exiisBng and fu(ure urban popuiation and empio:yment. Sectior~ Upon concurrency between the Texas Depadmen~: of Transpoda'tion and the Me, rope,Ii,an P~anning Organization, Trans..Texas Corridor .... 35 routes within 'the Metropolitan; Planning Organization wili be p~aoed i~n the MobBty Plan. Section 10. That this resolution will be sent to the Texas Transportation Commission. Section 11. That this motion shall be in effect immediately upon adoption. Jack Hatch.-air ' Regional Transportation Council Commissioner, Collin County ! hereby certify tha~ this resolution was ado of the North Central Texas Council of Governments the Regional Transportation Counci! Regi CoB S~cretaw Transpodation Council ~ioner, Denton County TRANS-T'EX~AS CORRIDOR 35 FREIGHT RAiL -,% MO'DE Legend TTC-3,5 Features Nea,,r Term TTC-35 Frei§hr ~Rail Corridor Study Zone for Bypass Trains Lo,rig Temq TTC-35 Freight Ra, iii Corridor Study ZoBe for Bypass, Other Features s,e~e iota! freigh,~ rail r~e,ed8 in the ',~uture~ TRAN$-TEXAS CORR~DO, R TRUCK MODE 3¸5 Legend ~'C-35 Featu res Nea~ "i"'c~,~m FT6,35 T~uck Nea~ ~erm TrL!ck Long Term TT~.,..,.x .:. T~uc~ Oorr~cior Study Xor~e Other Feaiu res Ai q::,o ds TRANS-TEXAS CORFI~DOR 35 AUTO ~ODE Legend 1~'TC~35 Features G©~T cl©r Siudy Zone Near 'T,~xm Aul;om©biie U rba ¢~ Con n ~s~e ' A~h;~nm e rd Loag l"emq l?TC~35 Au~omc, b (e C:ordd,or Stu,dy Zone Other' Features Highways ~ MobBty 2025 Update Ai fpo ~ts N TRANS,-TEXAS PASSENGER i! C,OFiRiDOR 35 RAIL ~ODF_ ,~,,L,J Legend Long Term hTter-City Rail Features Cur~er~ Amlrak - F,u~,!re High .._.~ ~0-35 Passenger Rail Alignmer~I 'rTo,35 Passei'~ger Rail Corridor Study Zcx~e Other Features A~rpoRs AGENDA DATE: DEPARTMENT: CM/DC~ACM: AGENDA INFORMATION SHEET April 5, 2O05 Legal Department Ed Snyder, Deputy City Attorney SUBJECT: AN ORDINANCE PROVIDING FOR THE REASSIGNMENT OF THE CITY ATTORNEY AND THE APPOINTMENT OF AN INTERIM CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: City Attorney, Herbert Prouty has announced his intention to retire effective August 31, 2005. This ordinance provides for the appointment of Ed Snyder, Deputy City Attorney as the Interim City Attorney. OPTIONS: Approve or deny the ordinance. PRIOR ACTIONfREVIEW: None FISCAL INFORMATION: There should be no fiscal impact. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE REASSIGNMENT OF THE CITY ATTORNEY AND THE APPOINTMENT OF AN INTERIM CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Herbert L. Prouty, City Attorney ("Prouty"), has announced his intention to retire as of August 3 I, 2005 ("Retirement Date"); and WHEREAS, the City Council desires that from an after the effective date of this ordinance Prouty will remain a full time employee of the City of Denton but without the title and duties of the City Attorney up to and through the Retirement Date; and WHEREAS, during this per/od Prouty will continue to provide advisory, consultation and other legal services to the Interim City Attorney to help facilitate a seamless transition in the City's Legal Department; and WHEREAS, the City Council desires to appoint Edwin M. Snyder, Deputy City Attorney ("Snyder") as an Interim City Attorney to take effect from and after the effective date of this ordinance; and WHEREAS, the City Council finds that this ordinance is in the public interest; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. From and after the effective date of this ordinance Prouty will no longer be the City Attorney of the City of Denton but remain a full time employee of the City of Denton, without the title and duties of the City Attorney up to and through the Retirement Dates. During this period Prouty will continue to provide advisory, consultation and other legal services to the Interim City Attorney to help facilitate a seamless transition in the City's Legal Department. SECTION 3. Snyder is hereby appointed Interim City Attorney of the City of Denton and will serve at the pleasure of the City Council until a permanent City Attorney is appointed. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ., 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:' ~ Page 2 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET April 5, 2005 Legal Department Ed Snyder, Deputy City Attorney SUBJECT: Consider an ordinance approving a Personal and Professional Services Contract between the City of Denton and Herbert L. Prouty; authorizing the expenditure of funds; and providing an effective date. BACKGROUND: Since the City Attorney, Herbert L. Prouty ("ConsuRant"), has announced his intention to retire at the end of August 2005, the City Council has expressed its desire to retain his personal and professional legal services as a consultant through January of 2006 to assist the City with legal services during a time of transition to a significantly smaller legal staff. The main element of the reorganization plan, recently adopted by the City Council for the Legal Department, will be a reduction in staff from seven attorneys to five attorneys. The reduction in staff will include the elimination of two attorney positions within the City of Denton Legal Department, effective by October 1, 2005, the start of the new fiscal year. Due to the fact that Consultant has served as City Attorney for the City of Denton for nearly ten years, Council desires to retain' his legal services to provide his unique knowledge and outside consulting services during this transition in order to help make the transition a success and to assure the continued delivery of quality legal services. The term of the Contract would be from September 1, 2005 through January 31, 2006. There is an option for the parties to extend the Contract for an additional six months if both parties deem this necessary and in the public interest. The Consultant would be paid at his current monthly salary less any benefits during the period of the Contract, and would perform legal services as assigned to him by the Interim City Attorney and/or City Attorney. Other information concerning the terms of the Contract is included in the City Attorney's stares report. OPTIONS: The Council can adopt the Ordinance to approve the Personal and Professional Services Contract with the Consultant. The Council can choose to approve the Personal and Professional Services Contract with changes in the Terms and Conditions. The Council can decide not to approve the Personal and Professional Services Contract. RECOMMENDATION: Staff believes the Personal and Professional Services Contract with the Consultant should be approved, due to the significant reduction in attomeys within the Legal Department, to ensure a $:~g. ur rl~akOd~ ~ ~ 5.~I S P.cm~al S~awir~s Agreem~l.DOC Agend~a l_nforination Sheet Page 2 successful transition to a smaller legal staff. Outsourcing legal services through a Consulting Contract to a Consultant who is familiar with the City Code, charter provisions, staff and procedures within the Legal Department will help assure the success of this portion of the reorganization plan while allowing the Legal Department to continue to provide quality legal services. FISCAL IMPACT: Funding for this Personal and Professional Services Contract with the Consultant will be provided within the current City Attorney's budget and within the Consultant portion of the City Attorney's budget for 2005-2006. Anticipated savings as a result of the reduction of two attorneys' positions are estimated to be over $250,000. To provide for the partial funding of this Consulting Contract and to meet the City's goal of outsourcing specialized legal services, sufficient funds will be added from savings into the Consultant portion of the Legal Department's budget to pay for services rendered and to fund any additional outsourcing deemed necessary to continue to provide quality legal services to the City. Respectfull) ' Ed Snyder, D~ City Attorney Page 2 ORDINANCE NO. AN ORDINANCE APPROVING A PERSONAL AND PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND HERBERT L. PROUTY; AUTHORIZING THE EXPENDITURE OF FLINT)S; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to emer into a Personal and Professional Services Contract with Herbert L. Prouty to provide legal services to the City, in substantially the same form as the contract attached hereto and made a part hereof as Exhibit "A", to take effect on September 1, 2005 (the "Contract"); and WHEREAS, the City Council finds that the Contract is in the public interest; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. The City Council hereby approves the Contract and authorizes the City Manager, or his designee to execute the Contract on behalf of the City. SECTION 3. The City Manager, or his designee is authorized to make the expenditures provided for in the Contract. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY. EULINE BROCK, MAYOR BY: APPROVED AS TO LEGAL I~ORM: HERBE~~Y ATTORNEY' S:\Our Documents\Contracts\OSWrouty Consulting Agreement,doc Exhibit A PERSONAL SERVICES AND PROFESSIONAL CONSULTING AGREEMENT FOR LEGAL SERVICES STATE OF TEXAS COUNTY OFDENTON § THIS AGREEMENT is made and entered into as of the __ day of , 2005, by and between the City of Denton, a Texas Municipal Corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201 (hereinafter referred to as "City") and Herbert L. Prouty, hereinafter referred to as "Consultant." WHEREAS, City desires to engage the services of Herbert L. Prouty ("Consultant") as a consultant to provide legal services to assist with meeting the legal services' workload with the reduction in force of the Legal DeparUnent ("legal services") fi.om a seven lawyer to four lawyer office; and WHEREAS, Consultant has served as the City's City Attomey for ten years and is familiar with all aspects of the Legal Department and the organization and operations of the City and the City desires to engage his unique personal services; and WHEREAS, the City desires to resolve all issues with respect to Consultant's existing employment agreement and any protective class interests Consultant may have; NOW, THEREFORE, in consideration of the Promises and mutual undertakings herein contained, the parties agree as follows: SECTION 1. Engagement of Consultant/City's Obligations. l(a). The City hereby engages the personal and professional services of Consultant to assist the "City Attomey" or "Interim City Attorney" (?City Attorney") to perform all functions and duties of the Legal Department as may be assigned to him by the City Attorney including, without limitation, handling ongoing utility matters involving Atmos Energy, Charter Communications, and CoServ and assisting outside aitomeys with any construction litigation relating to the street problems in various subdivisions throughout the City, to provide assistance during the transition period when municipal legal services and staff attorneys are reduced from seven full time attorneys to five attorneys in accordance with the Legal Department's reorganization plan. 1 (b). The City agrees to pay Consultant his cra-rent monthly salary plus car allowance at the rate of $12,119.08 per month, without any o.ther benefits payable, at the same time employees of the City are paid, with the first payment being September 16, 2005, throughout the term of this Agreement. l(c). The City agrees to retain and to pay ConSultant as a full time employee of the City through the pay period ending on August 31, 2005 at his current monthly salary with all benefits including without limitations, health insurance, life insurance, long term disability insurance, S:\Our Documents\Contracts\05kProury Consulting Agreement.dae retirement under the Texas Municipal Retirement System, deferred compensation at four percent and alt other benefits under terms set forth in Consukant's current employment agreement dated April 30, 1995. The City's payroll system will continue to identify the Consultant as an employee of the City through August 31, 2005. l(d). On the effective date of Consultant's retirement, the City shall pay Consultant alt Consultant's unused vacation time up to the maximum amount of 320 accumulated hours, all reduction in force payments required by the City's Reduction in Force (RIF) Policy including all unused sick leave and 80 additional hours but in no event shall the payment be less than 400 hours for accumulated unused vacation t/me and the RIF hours required for years of service regardless of any chauges in the RIF or vacation policy, plus payment of any additional time not previously paid Consultant for time worked as an employee through August 31, 2005 less all deductions for withholding taxes, TMRS contributions, ICMA deferred compensation 457K accounts. As previously directed by Consultant, ail Consultant's accumulated unused vacation time shall be paid Consultant and transferred into his ICMA Health Savings Plan Account. The remaining mount shall be paid Consultant through a separate check on the effective date of his retirement. l(e). In November of 2005 Consultant shall receive a longevity check for 123 months of service (through August 31, 2005) at the longevity rate of $4.00 per month, less all appl/cable taxes and deductions. l(f). The City will cease paying for Consultant's spousal and personal coverage for health insurance as an employee as of September 1, 2005, but Consultant shall be able to obtain coverage under the City' s plan with ali benefits similar to any other current City retiree or obtain other insurance. l(g). The City shall provide Consultant with an office within the Legal Department and all equipment, including without limitations, computers and access to email, Westlaw, law books, and Consultant's identification card during the term of this Agreement to facilitate Consultant's services herein and access to all City facilities as set forth in Section 4 hereof. SECTION 2. Engagement of Consultant/Consultant Obligations. 2(a). Consultant shall perform the services herein with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. 2(b). Consultant shall perform all legal services assigned to him by the City Attorney and will work at least forty hours a week during the term of this Agreement. Provided, however, Consultant shall have the right, during the term of this Agreement, to teach, consult and to perform other work and other non-City connected business so long as the non-City connected business does not conflict with Consultant's duty under this Agreement. The City agrees that any teaching for the University of Texas at Dallas, the University of North Texas, the Texas Women's University or any similar higher educational institution will not constitute a conflict under this Agreement. 2(c). In consideration of this Consulting Agreement, the Consultant agrees to and hereby waives and releases any rights he may have under his employment agreement or under any Page 2 of 6 S:\Our Decuments\Contracts\05~Prou~y Consulting Agreement.doc protected class legislation or law including without limitation, the Age Discrimination in Employment Act to the extent the Consultant can waive and release these rights under the law. 2(d). In further consideration of this'. Consultant Agreement, the Consultant agrees to move his effective retirement date up from January 31, 2006 to after 5:00 p.m. on August 31, 2005. SECTION 3. Term. This Agreement for legal services, expressed herein, shall commence on the 1st day of September 2005 and shall end on the 31st day of January 2006, unless sooner terminated for cause or unless extended by mutual agreement of the parties. SECTION 4. Access to Facilities. The City's responsibility under Section 1 of ttds Agreement to provide office space and access shall be complete in order to facilitate the satisfactory performance of Consultant's services and shall include, without limitations, the following: Access to alt the City's books and records; Access to City's personnel; Access to all support services such as computer, telephone, and copying within the Legal Department; Retention of the keys, the Consultant's identification card, and all other personal items in an office space to be designated by the City Attorney until the end of this Agreement. SECTION 5. Renewal. The City may request renewal of this Agreement for aa additional six-month period ending July 31, 2006 under such terms and conditions as the City and the Consultant may agree upon. SECTION 6. Billing and Time Records. At the City's request through its City Attorney, the Consultant shall keep and submit time records detailing the work that Consultant has done and accomplished during the term of this Consulting Agreement. SECTION 7. Other Support Papers, Documents and Property. All documents prepared or furnished by the Consultant for delivery to City Attomey become the property of the City upon the termination of the Agreement, and full and final payment of all undisputed mounts owed Consultant hereunder. The Consultant is entitled to retain copies of all such documents. Page 3 of 6 S:\Our Doemnents\Contracts\05~Prouty Consulting Agreement.doc SECTION 8. Independent Contractor. Consultant is to provide services to the City as an independent contractor, not as an employee of the City. Consultant shall not have or claim any right arising from employee status during the term of this Consulting Agreement. SECTION 9. Arbitration and Alternate Dispute Resolution. The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. SECTION 10. Termination of Agreement. This Agreement may be terminated whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (3 0) calendar days to care the failure; and (2) an opportunity for consultation with the terminating party prior to termination. If the Agreement is terminated for cause prior to completion of the services provided hereunder, Consultant shall immediately cease all services and shall be paid for services in accordance with his Agreement up to the actual date of termination. SECTION 11. Entire Agreement. This Agreement, including all Exhibits and Amendments annexed hereto and made a part hereof, constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all other oral or written representations, understandings or agreements relating to the subject matter hereof. Neither party shall be bound by the provisions of any pre- printed or other written terms and conditions subsequent to the date of this Agreement relating to the subject matter hereof unless such additional terms and conditions are made effective pursuant to the Amendments subsection of tlfis section. SECTION 12. Compliance with Laws. The Consultant shall comply with all federal, state, local laws, roles, regulations, and ordinances apphcable to the professional services performed pursuant to this Agreement, as they may now read or may hereal'~er be amended. Page 4 of 6 S:\Our Doeuments\Contracts\05~Prouty Consulting Agreement.doe SECTION 13. Assignability Consultant shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the City. SECTION 14. Modification or Amendment No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the fights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed; and, the parties further agree that the provisions of this section will not be waived unless as herein set forth. No amendment of this Agreement shall be valid unless in writing and signed by both parties. SECTION 15. Miscellaneous. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be govemed by and construed in accordance with the laws of the State of Texas. Bo In accomplishing this engagement, Consultant shall take such steps as are appropriate to coordinate the work involved with related work being carded on by City. City is engaging a Consultant due to his unique experience and Consultant shall provide alt services to be performed under the Agreement The headings of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. go Each party represents that it is authorized to enter into this Agreement and that the individual executing this Agreement on behalf of the party, is authorized to enter into this Agreement. IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager; and Consultant has executed this Agreement on this the day of ,2005. Page 5 of 6 S:\Our Documents\Contracts\05h%outy Consulting Agreement.doc "CITY" CITY OF DENTON, TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Michael A. Conduff, City Manager BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ ATTEST: "CONSULTANT" HERBERT L. PROUTY BY: ~ " .~ert L. ~ou~C~t~ Page 6 of 6