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HomeMy WebLinkAboutApril 18, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL April 18, 2006 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 18, 2006 at in the Council Work 4:00 p.m. Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Receive a report, hold a discussion, and give staff direction regarding Emergency Medical Services (EMS) Fee Schedule changes. 2. Receive a funding recommendations report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion regarding the proposed 2006 Action Plan for Housing and Community and give staff direction. Development 3. Receive a report from the City Attorney, hold a discussion and give direction regarding an ordinance concerning improper disclosure of the confidential information. The City Council reserves the right to go into closed session to receive legal advice from the City Attorney under Section 551.071 of the Texas Government Code. 4. Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of April 18, 2006. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1. Closed Meeting: A. Consultation with Attorney ? Under Texas Government Code Section 551.071 1. Consultation with the City?s attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City?s northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters would conflict with the duty of the City?s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City?s legal position in any administrative proceedings or potential litigation. City of Denton City Council Agenda April 18, 2006 Page 2 2. Discuss legal strategies and alternatives regarding potential litigation concerning street failures in selected subdivisions. 3. Discuss legal strategies, issues and alternatives regarding potential litigation and other remedies concerning Vintage Parkway Utility Project, including breach of covenants in real estate contract by Denton-CJW Partners, Ltd. A public discussion of these legal matters would conflict with the duty of the City?s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City?s legal position in any potential litigation. B. Deliberations regarding Certain Public Power Utilities: Competitive Matters ? Under Texas Government Code Section 551.086. 1. Receive a presentation from DME staff regarding public power and business matters regarding the pending request for proposals; and information and analysis regarding power purchase contracts; and discuss, deliberate, consider and provide staff with direction regarding such matters. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ?PUBLIC POWER EXCEPTION?). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV?T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, April 18, 2006 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 A. U.S. Flag B. Texas Flag ?Honor the Texas Flag ? I pledge allegiance to thee, Texas, one and indivisible.? 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. April Yard-of-the-Month Awards City of Denton City Council Agenda April 18, 2006 Page 3 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 Consent 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. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A ? I). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent 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. A. Consider approval of a resolution of the City of Denton, Texas, authorizing the Public Utility Commission of Texas to set the access line rate at the new CPI- Adjusted Maximum rate to be paid to the City by Certificated Telecommunications Providers pursuant to Chapter 283 of the Texas Local Government Code ("HB 1777"); authorizing the City Manager to accept future Public Utility Commission access line rate adjustments; and providing an effective date. B. Consider approval of a resolution allowing Mi Casita Restaurant to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 6, 2006, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Parks, Recreation and Beautification Board recommends approval (4-0) . C. Consider adoption of an ordinance accepting competitive bids and awarding a contract for Distribution Gang Operated Air Brake Switches for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3475 ? Distribution GOAB Switches awarded to the lowest responsible bidder meeting specifications, Hughes Supply, in the annual estimated amount of $46,183). The Public Utilities Board recommends approval (6-0). D. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of playground equipment for two city parks for the City of Denton Parks & Recreation Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3492 ? Interlocal Agreement for the purchase of Little Tikes Commercial Custom Kid Builder Castle Theme awarded to Jim Lea & Associates, Inc. in the City of Denton City Council Agenda April 18, 2006 Page 4 amount of $55,836, GameTime PowerScape Modular Unit awarded to SouthWest Parks & Playgrounds in the amount of $33,044.56, and a Hill Climbing Boulder awarded to The PlayWell Group in the amount of $5,160.60 for a total award of $94,041.16). E. Consider approval of a resolution of the City of Denton, Texas establishing the City Council Audit Committee as a standing committee of the City Council; appointing the initial members of the Committee; approving a Council Audit Committee Directive, Audit Committee Bylaws, and Internal Audit Charge; superceding resolution No. R2005-052; and providing for an effective date. F. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute an Agreement with Terry D. Morgan & Associates, P.C. for professional legal services relating to issues regarding the Denton Development Code and the Comprehensive Plan; authorizing the expenditure of funds therefor; and providing an effective date. G. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the Interim City Manager to execute a contract with Taylor, Olson, Adkins, Sralla & Elam, LLP for professional legal services related to initiating litigation against one or more contractors involved in the street or utility construction of the Wind River Estates development in Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. H. Consider approval of a resolution establishing a Public Art Policy for the City of Denton, Texas, to be administered by the Parks and Recreation Department. Parks, Recreation and Beautification Board recommends approval (4-0). I. Consider adoption of an ordinance amending Chapter 22 ?Parks and Recreation?, Code of Ordinances, City of Denton. Texas by amending Section 22-4, Code of Ordinances, ?duties? to include that the board shall have the duty to make recommendations to the City Council and the Parks and Recreation Director regarding policy matters related to public art; amending Section 22-6, providing for a City Council appointed nine-member Public Art Committee of the Parks, Recreation and Beautification Board; and providing for an effective date. Parks, Recreation and Beautification Board recommends approval (4-0). 4.PUBLIC HEARINGS A. Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 3,406 acres of land generally located west of Interstate 35 West, south of Tom Cole Road in the Southwestern section of the City of Denton Extraterritorial Jurisdiction (ETJ). (A06-0001, Cole Ranch Annexation) B. Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 6.22 acres of land, from an Employment Center- Industrial (EC-I) zoning district to an Employment Center Commercial (EC-C) zoning district. The property is located on the west side of Fort Worth Drive (U.S. 377) southwest of Country Club Road. The Planning and Zoning Commission recommends approval (6-0). (Z06-0009, Ricks and Cheek Addition) City of Denton City Council Agenda April 18, 2006 Page 5 C. Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 58.26 acres from a Neighborhood Residential-2 (NR- 2) zoning district to a Neighborhood Residential-4 (NR-4) zoning district. The property is located at the southwest corner of Teasley Lane and Ryan Road. The Planning and Zoning Commission recommends denial (5-0). (Z06-0006, Teasley Park) SUPER MAJORITY VOTE REQUIRED FOR APPROVAL . D. Hold a public hearing and consider adoption of an ordinance approving an Alternative Development Plan for a proposed retail development on approximately 14.48 acres. The subject property is located on the northwest corner of Loop 288 and Spencer Road.The property is located in a Regional Center Commercial Neighborhood (RCC-N) zoning district. The purpose of the Alternative Development Plan is to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommends approval (6-0). (ADP06-0003, Loop 288 & Spencer) E. Hold a public hearing inviting citizens to comment on the City of Denton?s 2006 . Action Plan for Housing and Community Development 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton, Texas, certifying funding and support for the Statewide Transportation Enhancement Program Nomination Form 2006 with the Texas Department of Transportation, authorizing the City Manager to submit an application to receive funding to construct pedestrian and bike improvements as part of the Downtown Multi Modal Transit Center, and, if the grant is approved, to execute the grant agreement and take other actions necessary to implement the grant, and providing an effective date. Mobility Committee recommends approval (3-0). B. Consider adoption of an ordinance of the City of Denton, Texas, certifying funding and support for the Statewide Transportation Enhancement Program Nomination Form 2006 with the Texas Department of Transportation, authorizing the City Manager to submit an application to receive funding to construct bridges on the Denton Branch Rail Trail over Pecan Creek at mile post 722 and over Loop 288 at mile post 724, and, if the grant is approved, to execute the grant agreement and take other actions necessary to implement the grant, and providing an effective date. Mobility Committee recommends approval (3-0). Parks, Recreation and Beautification Board recommends approval (4-0). C. Consider adoption of an ordinance amending Chapter 2, Article I of the of the Code of Ordinances of the City of Denton by adding Section 2-30 ?Improper Disclosure of Confidential Information?; providing a penalty of a fine not to exceed five hundred dollars ($500.00); providing a severability clause; providing for publication; and declaring an effective date. D. Consider nominations/appointments to the City?s Boards and Commissions. City of Denton City Council Agenda April 18, 2006 Page 6 E. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Bob Clifton regarding city business. B. Jordan Hudspeth regarding concerns of Southeast Denton. C. Lanisha Hudspeth regarding concerns of Southeast Denton. D. Hagar Hudspeth regarding concerns of Southeast Denton. E. Willie Hudspeth regarding concerns of Southeast Denton. F. Robert Donnelly regarding City Council decisions. F. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. G. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2006 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. Revised 4/14/2006 AGENDA INFORMATION SHEET April 18, 2006 AGENDA DATE: Fire Department DEPARTMENT: Jon Fortune ACM: SUBJECT Receive a report, hold a discussion, and give staff direction regarding Emergency Medical Services (EMS) Fee Schedule changes. BACKGROUND In February 2006, the City approved to outsource patient care reporting and emergency medical service (EMS) billing. New procedures for documenting patient care and processing billing were implemented on April 1, 2006. At this time, EMS invoices will be processed using the current fee schedule. Preparing for the transition has given us the opportunity to review our costs to provide service and our current fee schedule. The last change in emergency ambulance fees was in July 2004 when resident fees increased from $400 to $475 and non-resident fees increased from $475 to $600. Cost for supplies and mileage remained the same. Since then, the cost to provide service continues to increase and new methods of billing have been reviewed. 1.Our costs to provide emergency medical services continue to increase: In FY 04-05, the Fire Department responded to a total of 8,469 emergency calls for assistance. Of those, 6,527 were emergency medical service (EMS) calls. This statistic shows that 77% of the Fire Department?s business was EMS. Over the past ten years, EMS responses have consistently averaged over 70% of total emergency responses. The City?s four (4) front line ambulances respond to all EMS calls as well as some fires. In addition to an ambulance, a fire engine responds to those medical calls from the nearest fire station. The Operations Division?s FY04-05 budget was $12,107,684. A portion of the Department?s cost is recovered through revenue. In FY04-05, $1,381,823 was collected in EMS Billing revenue. An estimated $1,300,000 is expected for FY05-06. Although we recover some of the costs to provide emergency medical transports, the revenue generated from the ambulance transport fees only recovers a small portion of our actual costs to provide the service. The average cost of recovery per run is $240.00. The basic cost for ambulance service is $645.33. The cost increases with the addition of fire apparatus, which routinely respond with the ambulance. The City recovers additional revenue from the County contract and from the small cities EMS interlocal agreements. Beginning in FY06-07, the City?s only outside contract for EMS service will be with Denton County. Page 1 of 5 ServiceFY04-05 Total Cost Cost per Run Ambulance$3,426,065.87$645.33 Ambulance + Billing $3,610272.87$680.03 + Engine $4,691,140.11$1,378.72 + Quint $5,010,712.29$1,601.98 + Truck $5,056,900.87$3,880.53 ResourceFY04-05 Actual Projected FY05-06Projected FY06-07 EMS Billing$1,381,823$1,300,000$1,495,000 County Contract $188,055$221,402$152,000 Sanger$86,400$106,000$0 Ponder$9,396$0$0 2.Remain competitive with other area emergency medical services providers: A survey of surrounding cities was conducted in March 2006. Most cities are restructuring their fee schedules to reflect the level of service provided (Basic Life Support ? BLS and Advanced Life Support ? ALS) on a call. This is a direct result of payment structures being adopted by Medicare / Medicaid and private insurance companies. Effective January 1, 2006, Medicare completed implementation of a flat fee pay schedule. Payments are strictly based on BLS and ALS services provided and itemization of supplies is no longer allowed. This will continue to impact our cost recovery by capping the payment amount received regardless of the level of service provided. Other payors such as private insurance companies also pay based on BLS and ALS baserates but continue to allow itemization for medical treatments performed, medications administered and supplies used. Billing at a rate closer to the reasonable and customary rates established by insurance companies allows for maximum cost recovery. Billing at this rate is known as ?umbrella billing.? Payment rates are obtained from the major insurance companies and a billing rate is established slightly below the lowest rate. This rate captures all established rates and decreases the potential for denial of claims. Many cities providing EMS service are also adopting this method of billing to maximize the amount recovered for services billed. Page 2 of 5 ProviderResidentNon-Resident Transport Charge Transport Charge ArgyleALS1 $855.00 ALS1 $855.00 BedfordALS1 $855.00 ALS1 $855.00 CarrolltonALS1$414.18ALS1 $464.18 ALS2 $576.89 ALS2 $626.89 ALS3 $743.54 ALS3 $793.54 GrapevineALS1 $855.00 ALS1 $855.00 Lake Cities $400.00$500.00 Lewisville$535.00$668.75 ShermanALS1 $855.00 ALS1 $855.00 Pilot Point ALS1 $855.00 ALS1 $855.00 City of Denton (current) $475.00$600.00 City of Denton (proposed) ALS1 $855.00 ALS1 $855.00 ALS2 $900.00 ALS2 $900.00 PROPOSED ORDINANCE 1.Maintain our Present Health Care Finance Administration Methodology #4. The Health Care Finance Administration (HCFA) establishes the limits on charges that will be paid out by Medicare, which ultimately results in what rates insurance companies will pay out for emergency ambulance services. The HCFA uses four methods of billing for emergency ambulance services. The HCFA mandates that all emergency ambulance providers state formally which method they will use and the providers must then use only that method. This method is a simple, all-inclusive charge, reflecting all services, HCFA Method 1: supplies and mileage using one code. This method is one charge, reflecting all services and supplies, with HCFA Method 2: separate charge for mileage. This method is one charge for all services and mileage, with a HCFA Method 3: separate charge for supplies. This method uses separate charges for services, mileage and supplies. HCFA Method 4: This is the current and preferable HCFA method used by the City of Denton. . 2Establish fee schedule based on level of service (BLS and ALS) provided rather than resident and non-resident fees. Establishing base rates on BLS and ALS services provided would be consistent with the method of determining payment by Medicare / Medicaid and private insurance companies. Beginning October 2006, Denton County will be the only remaining contract to provide EMS Page 3 of 5 services outside of the city limits. In FY04-05, County runs accounted for 235 of 4429 transports. In addition to the revenue collected from the contract for service, the County allows the City to bill the patient directly for the call. The loss of the Sanger contract to provide EMS services will further reduce the unincorporated area the City responds to, resulting in a reduction of calls. 3.Increase rates to reflect true cost of providing service. The City currently charges $475.00 for Residents and $600.00 for Non-residents. The charges for medications have remained the same since 2002. The average cost for an EMS run is approximately $1,378.00 (ambulance + engine). The average collection per run is $240.00. Increasing the base rates to $855.00 for ALS service and $787.00 for BLS service and updating the medication charges to a level more closely reflective of the actual cost to provide the service will increase the amount collected per run and maximize our cost recovery. This increase will directly impact collections from private insurance companies and private patient pay. Medicare / Medicaid payments will not change from their established flat rate. 4.Changethecurrentchargesof$100.00fornon-transportwhen an IV is administeredand$200.00fornon-transport when an IV and one (1) medication and treatment are administered as in Ordinance 2002-244 to read $100.00 for BLS treatment / no transport and $200.00 ALS treatment / no transport. In addition to recovering personnel and ambulancecosts, this fee helps recover some of our costs for disposable goods and drugs. A change is wording is needed to maintain consistency within the fee schedule and billing codes. 5.Increase the Standby Charge for special events to $150.00 per hour with a four (4) hour minimum. With the continued increase in cost for equipment and personnel, the cost to provide Standby services for special events has also increased. A reserve ambulance with two off-duty crewmembers is used to staff the Standby vehicle. This is done to avoid taking a front line ambulance out of service for an extended period of time. The cost of personnel alone to man the ambulance at overtime rate averages $141.00. Additionally time must be spent in checking out the ambulance prior to the event, driving to and from the event and then cleaning the ambulance after the event to ensure the ambulance is in proper condition if it should be needed for a call.Thischargeisforthestandby of the ambulanceonly. If an emergency happens at the event and a patient is transported, all other charges that are incurred by the patient are billed according to the ordinance. PRIOR ACTION / REVIEW (Council, Boards, Commissions) Council approved the last change in EMS fees in July 2004. On August 1, 2005, Council was briefed in detail during a work session on the history of EMS billing, billing methods and procedures, and actual cost for service. Council was also given information on revenue Page 4 of 5 collections and the impact of billing rates. In February 2006, the Council approved the outsourcing of Patient Care Reporting and EMS Billing. FISCAL INFORMATION This new ordinance will enable the City to recover a greater portion of the actual costs of providing emergency ambulance services and increase our expected revenues. EXIBITS Existing Ordinance 2004-206 Proposed Ordinance RespectfullySubmitted: ____________________________ RossChadwick FireChief Page 5 of 5 S:\Our Documents\Ordinances\06\ambulance service fees ord.doc ORDINANCE NO. _________________ AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2004-206 OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO BE CHARGED FOR EMERGENCY AMBULANCE SERVICES AND STANDBY EMERGENCY AMBULANCE SERVICES IN THE CITY AS PROVIDED FOR IN SEC. 27-102 OF ARTICLE IV OF CHAPTER 27 ?VEHICLES FOR HIRE? OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has analyzed and studied its fees for emergency ambulance services; and WHEREAS, the City of Denton should operate a cost-effective and efficient emergency medical service; and WHEREAS, the City of Denton desires to maintain its Health Care Finance Administration (HCFA) Method #4; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.Ordinance No. 2004-206, enacted by the City Council on July 20, 2004, is hereby repealed and replaced by hereby approving and establishing the following fees for emergency ambulance services in the City pursuant to Sec. 27-102 of the Code of Ordinances as follows: a. Advanced Life Support (?ALS?) and Basic Life Support (?BLS?) service base rates, fees for additional supplies, medications and/or disposable goods administered to each patient, and fees associated additional personnel and response codes will be charged: ALS1 Emergency Base Rate 855.00 ALS1 Non-Emergency Base Rate 855.00 ALS2 Emergency Base Rate 900.00 BLS Emergency Base Rate 787.00 BLS Emergency Base Rate in ALS unit 787.00 BLS Non-Emergency Base Rate 787.00 BLS Non-Emergency Base Rate in ALS unit 787.00 ALS Supplies ? Airway Management 94.00 ALS Supplies ? Autopulse 472.00 ALS Supplies ? Capnography 156.00 ALS Supplies ? Defibrillation 210.00 ALS Supplies ? EKG Pads 36.75 ALS Supplies ? External Pacing 210.00 ALS Supplies ? Intubation 100.00 ALS Supplies ? IO Infusion 262.25 ALS Supplies ? IV Therapy 258.00 S:\Our Documents\Ordinances\06\ambulance service fees ord.doc ALS Supplies ? Mast Trousers 42.00 ALS Supplies ? Needle Thoracostomy 31.50 ALS Supplies ? Surgical Airway 314.75 ALS Supplies ? Routine Disposable 52.50 BLS Supplies ? Routine Disposable 52.50 BLS Supplies ? Defibrillation (AED) 42.00 Bone Injection Adult 250.00 Bone Injection Pedi 250.00 Blood Glucose Test 45.64 EKG Interpretation 260.00 ETCO2 Bulb Adult 32.50 ETCO2 Bulb Pedi 32.50 Oxygen, Administration and Supplies/hr. 119.00 Nu-Trake Surg. Airway 300.00 Pulse Oximeter 94.50 Spinal Immobilization 184.50 Extra Attend ? CPR 147.00 Extra Attend ? Stairs 50.00 Dispatch Fee 94.00 Emergency Rate 94.00 b. A mileage rate of $15.00 per mile from the incident location to the receiving hospital will be charged. A charge of $100.00 for BLS treatment provided with no transport to a medical facility, and $200.00 for ALS treatment provided with no transport to a medical facility will be administered. c. Fees for medications administered and IV treatments performed to each patient will be charged as follows: Drug ? Acetaminophen 5 mL 2.25 Drug ? Activated Charcoal 20 cc PO 12.50 Drug ? Adenosine 6 mg 66.62 Drug ? Albuterol (.83%) 3 mL 19.83 Drug ? Albuterol/Ipratropium 36.00 Drug ? Aminophyllin 250 mg 88.25 Drug ? Aminodarone HCl 150 mg/3 mL 335.71 Drug ? Apirin Chewable 81 mg 2.10 Drug ? Atropine Sulfate 0.3 mg 14.69 Drug ? Butorphanol 2 mg 60.00 Drug ? Calcium Chloride 1 gm/10 mL 7.75 Drug ? Clonodine 0.1 mg 11.00 Drug ? Dexamethasone 4 mg 44.00 Drug ? Dextrose 25% (D25) 29.50 Drug ? Dextrose 50% (D50) 18.88 Drug ? Diazepan 5 mg 26.23 Page 2 of 5 S:\Our Documents\Ordinances\06\ambulance service fees ord.doc Drug ? Diltiazem HCl 61.88 Drug ? Diphenhydramine 50 mg 9.44 Drug ? Dobutamine, per 250 mg 54.55 Drug ? Dopamine 22.03 Drug ? Enalaprilat 44.00 Drug ? EPI 1 mg/10 mL IV 9.32 Drug ? EPI 1 mg/cc IV 15.74 Drug ? EPI Pen 60.00 Drug ? EPI Pen Pedi 60.00 Drug ? Etomidate 1 Vial 33.57 Drug ? Flumazenil 60.00 Drug ? Furosemide 20 mg 20.72 Drug ? Glucagon 1 mg 136.38 Drug ? Haloperidol 5 mg 26.25 Drug ? Ibuprofen for Children 4 oz 2.25 Drug ? Ipecac 5 cc 5.25 Drug ? Ipratropium Bromide .18 mg 5.25 Drug ? Isoproterenol HCl .5% 20.98 Drug ? Ketorlac 15 mg 48.00 Drug ? Labetolol 10 mg 44.59 Drug ? Lidocaine Drip 1 gm/25 mL 52.50 Drug ? Lidocaine HCl (2%) 50 mg 26.23 Drug ? Lorazepam 2 mg 43.01 Drug ? Mag Sulfate, per 500 mg 22.03 Drug ? Mannitol 104.91 Drug ? Meperidine HCl 100 mg 35.50 Drug ? Methylprednisolone 125 mg 41.44 Drug ? Midazolam HCl 1 mg 41.96 Drug ? Morphine Sulfate, 10 mg 58.75 Drug ? Nalbuphine HCl 10 mg 24.65 Drug ? Naloxone 1mg IV 12.65 Drug ? Nitrous Oxide 80.00 Drug ? Norcuron 10 mg 94.42 Drug ? NTG Spray 0.4 mg SL 6.99 Drug ? Oral Glucose Gel 15 g 6.29 Drug ? Oxytocin 10 IU 19.93 Drug ? Procainamide HCl 39.45 Drug ? Promethazine, 50 mg 33.05 Drug ? Propranolol HCl 1 mg 11.04 Drug ? Revex 100 mcg 60.00 Drug ? Rocuronium/Zemuron 119.00 Drug ? Sodium Bicarbonate per CC 7.74 Drug ? Sublimaze 75.75 Drug ? Succinylcholine 20 ml 8.39 Drug ? Terbutaline Sulfate 1 mg 26.02 Page 3 of 5 S:\Our Documents\Ordinances\06\ambulance service fees ord.doc Drug ? Tetracaine 19.50 Drug ? Thiamine 100 mg IV 3.36 Drug ? Basopressin 40 units 54.55 Drug ? Vecuronium 10 mg 110.00 Drug ? Verapamil 2.5 mg 60.00 Drug ? Xopenex 1.25 mg 35.50 IV ? 5% Dextrose/NS 500 CC 42.00 IV ? D5W 1000 CC 47.75 IV ? D5W 500 CC 42.00 IV ? Normal Saline 1000 CC 47.75 IV ? Normal Saline 100 CC 39.60 IV ? Normal Saline 250 CC 39.60 IV ? Normal Saline 500 CC 41.90 IV ? Ringers Lactate 1000 CC 47.75 IV ? Blood Draw Procedure 21.00 IV ? Collection Tubes 18.75 d. A fee of $40.00 will be charged for each medical records request made by attorneys? offices or other agencies which requires an affidavit. SECTION 2.The City shall charge an Emergency Ambulance Standby fee of $150.00 per hour with a four hour minimum for the use of any City of Denton emergency ambulance for standby at special events such as football games, rodeos, concerts, etc. If any patient is transported, the other fees in the ordinance shall be charged, to the patient, as incurred. SECTION 3.Acopy of this schedule of fees and charges shall be maintained on file in the office of the City Secretary. SECTION 4.All ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 5.If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, the City Council of the City of Denton, Texas, hereby declares that they would have enacted such remaining portions despite any such invalidity. SECTION 6.This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2006. Page 4 of 5 S:\Our Documents\Ordinances\06\ambulance service fees ord.doc ______________________________ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________ ________________ Page 5 of 5 AGENDA INFORMATION SHEET April 18, 2006 AGENDA DATE: Economic Development DEPARTMENT: Howard Martin, 349-8232 CM: SUBJECT Receive a funding recommendations report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion regarding the proposed and give 2006 Action Plan for Housing and Community Development staff direction. BACKGROUND On an annual basis, the City of Denton prepares an for submission to the US Action Plan Department of Housing and Urban Development (HUD). The serves as the City?s Action Plan application for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) programs. In 2005, using a process with extensive input from citizens and local non-profit organizations, staff developed Denton?s . The Consolidated Plan for Housing and Community Development is a five-year strategy detailing proposed housing, social services and public Consolidated Plan works projects benefiting low and moderate-income households and neighborhoods. Annual action plans are developed based on the strategies outlined in the . The Consolidated Plan2006 represents the second year in the City?s five-year strategy. Action Plan Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held in December 2005. Minutes from the public hearings are included on pages 39 ? 41 of the 2006 Application availability was advertised from November through December. Staff Action Plan. 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 present to City Council. Staff has developed the using 2006 Action Plan these recommendations. Administration activities are also included in the Action Plan. Please refer to pages 44 ? 72 of your for minutes of the CDAC and HSAC 2006 Action Plan meetings. ESTIMATED PROJECT SCHEDULE Public comment period April 3 through May 2 CDAC & HSAC presentation to City Council April 18, 2006 Public Hearing April 18, 2006 Action Plan approval May 16, 2006 Submission of Action Plan to HUD June 15, 2006 HUD release of funds & program initiation August 1, 2004 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee (CDAC) reviewed requests for housing and infrastructure improvements. CDAC recommended $1,261,650 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 2006 , the approval of the Plan include approval of those recommendations. Action Plan does not General fund recommendations will be considered during the normal budgeting cycle. HSAC allocated $133,566 in CDBG funding to various programs. FISCAL INFORMATION All projects and programs approved under the are funded through CDBG and 2006 Action Plan 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. 2006 Action Plan for Housing and Community Development 4. CDAC HSAC Meeting Minutes Respectfully submitted: Janet Fitzgerald Director of Parks and Recreation Prepared by: Barbara Ross Community Development Administrator COMMUNITY DEVELOPMENT ADVISORYCOMMITTEE FUNDING RECOMMENDATIONS FOR CDBG AND HOMEFUNDS 2006/07 PROGRAMYEAR CDBGHOMEBALANCE 2006 FUNDING FUNDSFUNDSNOT REQUEST $729,574$532,076FUNDED APPLICATIONS 2COM DEVHOMEIMPROVEMENT PROGRAM$598,015$144,109$392,076$61,830 3COM DEVHOMEBUYER ASSISTANCEPROGRAM$109,500$45,000$64,500 4COM DEVMINOR REPAIR PROGRAM$101,697$101,700($3) 5ENGINEERINGSKINNER ST. SEWERREPLACEMENT$65,000$65,000$0 6ENGINEERINGWILSON ST. SEWER REPLACEMENT$130,000$130,000$0 7ENGINEERINGMULBERRY AVE. REPAVE$64,000$0$64,000 MLK RECREATION KITCHEN 8PARKS & RECR.$48,765$48,765$0 RENOVATIONS AFFORDABLE HOUSINGOPPORTUNITY 9NON-PROFIT$164,000$0$140,000$24,000 PROGRAM FRED MOORE DAY NURSERY SCHOOL 10NON-PROFIT$195,000$195,000$0 IMPROVEMENTS 11NON-PROFITNEW GENERATION PLAYGROUND$27,091$0$27,091 TOTAL FUNDING REQUESTED $1,503,068 TOTAL FUNDING RECOMMENDED $1,261,650$729,574$532,076$241,418 Shaded requests are HOME eligible activities Exhibit 1 CityofDenton CityofDenton DRAFT DRAFT ActionPlanforHousingand ActionPlanforHousingand CommunityDevelopment CommunityDevelopment 2006ProgramYear 2006ProgramYear HousingPark Facilities Public ImprovementsHuman Services Prepared for the U.S. Dept. of Housing and Urban Development Presentation to Denton City Council on April 18, 2006 www.cityofdenton.com ADA/EOE/ADEA Exhibit 3 TABLE OF CONTENTS A. Summary of Action Plan 1. Introduction..................................................................................................................1 2. Funding Summary........................................................................................................1 3. Local Match..................................................................................................................1 4. Citizen Participation.....................................................................................................2 5. Amendment..................................................................................................................2 B. Funding Sources 1. Summary.......................................................................................................................3 2. SF-424 Application......................................................................................................4 C. Projects/Activities 1. Summary.......................................................................................................................6 2. CPD Listing of CDBG and HOME Proposed Projects................................................7 3. Other Resources Available.........................................................................................18 D. CP Strategies and Proposed Projects 1. Housing Strategies......................................................................................................19 2. Continuum of Care Strategies....................................................................................20 3. Lead-Based Paint Strategies.......................................................................................23 4. Human Services Strategies.........................................................................................23 5. Infrastructure & Public Facilities Strategies..............................................................25 6. Demolition Strategies.................................................................................................26 7. Anti-Poverty & Economic Development Strategies..................................................26 E. Proposed Project Map......................................................................................................27 F. Other Program Requirements 1. HOME ? Forms of Investment...................................................................................28 2. HOME ? Tenant-Based Rental Assistance................................................................28 3. Monitoring Standards and Procedures ......................................................................29 4. Public Housing Improvements...................................................................................30 5. Public Housing Resident Initiatives...........................................................................30 6. Institutional Structure.................................................................................................30 G. Certifications....................................................................................................................32 H. Minutes 1. Public Hearings on December 5, 2005.......................................................................39 2. Public Hearing on December 8, 2005........................................................................40 3. Public Hearing on April 18, 2006..............................................................................42 4. 30-day Comment Period.............................................................................................43 5. CDAC Committee Minutes .......................................................................................44 6. HSAC Committee Minutes .......................................................................................58 SUMMARY INTRODUCTION This document serves as the City of Denton's 2006 Action Plan for the Community Development Block Grant (CDBG) and HOME Investment 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. Department of Housing and Urban Development. The plan outlines the specific projects and services that will be funded during the 2006 Program year to address Denton's strategies stated in the. The following 2005-2009 Consolidated Plan for Housing and Community Development five-year strategies were identified in 2005 year and are reaffirmed this year: Assistance to Renters, Owners, and Homebuyers and the Production Housing Strategies: of Affordable Units; Prevention Homelessness, Outreach and Assessment, Continuum of Care Strategies: Emergency Shelter, Transitional Housing and Transition to Permanent Housing and Independent Living; Education and Reduction of Lead-Based Paint Hazardous Lead-Based Paint Strategies: to Owners and Homebuyers; Improve availability and accessibility of basic food, Human Services Strategies: emergency shelter, transitional housing, services promoting strong, supportive relationships for families, and basic health care and mental health services. Improvements to Streets, Sidewalks and Infrastructure Improvement Strategies: Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; Support Training and Employment Anti-Poverty & Economic Development Strategy: Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. FUNDING SUMMARY The City of Denton is currently an entitlement city for the Community Development Block Grant and HOME Investment Partnership Programs. The City of Denton's 2006 CDBG allocation is $890,440 and the HOME allocation is $546,196. A total of $110,000 in program income is projected for the 2006 Program year for both CDBG and HOME grants. 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 Denton'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 Denton will provide the match from a variety of sources including the following: 1 Page 1. Federal Home Loan Bank funds awarded to the City of Denton and the Denton Affordable Housing Corporation (DAHC) for home ownership assistance and home improvement. 2. Denton County Housing Finance Corporation and other non-federal funding awarded to Denton Affordable Housing Corporation and City of Denton. 3. 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 2006 Action Plan process, the city followed its Citizen ththth Participation Plan. Public hearings were held December 5 and 8. The December 5 public hearing was held in Spanish. The public hearings updated citizens on the status of current programs and activities and asked the citizens how they felt the 2006 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 Development Newsletter that was mailed out to neighborhood associations; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Development 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 governmental 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 comments 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 2006 Action Plan process, a public hearing will be scheduled on April 18, 2006 during a City Council Meeting to give citizens the opportunity to comment on the 2006 proposed projects and activities. See page 39 for minutes of the public hearing. AMENDMENT The City of Denton is also amending the 2003 and 2004 Action Plans for Housing and Community Development to reallocate $98,788 from cancelled projects. In 2003, CDBG funds were allocated to the Crawford Sidewalks ($60,000) and the Fannin Repave ($28,788); however, other non-federal funds were used to carry out the projects. In 2004, $10,000 in CDBG funds was allocated to the Rental Rehabilitation Program. Additional funding is available to this program allowing the reallocation of these funds. These amendments would allow $98,788 in 2003 and 2004 CDBG funds be reallocated to the Home Improvement Programs, an existing program. The City of Denton?s 2005 Consolidated Plan for Housing and Community Development is 2 Page hereby amended to include the Section 108 Loan Guarantee Program as a potential source of funding to meet the City?s strategy to, ? encourage and assist low and moderate-income .? homeowners to maintain their units up to current City of Denton code standards If an application is submitted and funding is awarded under the Section 108 Loan Guarantee Program, funds would be used to supplement HOME, CDBG and other funding sources used for the City?s Home Improvement Program (HIP). This program meets the national objective of benefiting low and moderate-income persons. Section 108 funding in the approximate amount of $650,000 could be requested for HIP. CDBG Loan repayment revenue from the Home Improvement Program is a potential source of funding to repay the debt. CDBG program income expected from HIP is approximately $51,000 per year. 2006 FUNDING SOURCES Entitlement Grant (Includes Reallocated Funds) CDBG $890,440 ESG $0 HOME $546,196 HOPWA $0 Total $1,436,636 Prior Years' Program Income Not Previously Programmed Or Reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total $0 Reprogrammed Prior Years' Funds (See Amendment Section) CDBG $98,788 ESG $0 HOME $0 HOPWA $0 Total $98,788 Total Estimated Program Income CDBG Loan Repayments $65,000 HOME Loan Repayments $45,000 Total $110,000 Section 108 Loan Guarantee Fund $0 Total Funding Sources $1,645,424 3 Page SF 424 SF 424 Complete the fillable fields (blue cells) in the table below. The other items are pre-filled with values from the Grantee Information Worksheet. Date SubmittedApplicant Identifier June 15, 2006756000514 Type of Submission Date Received by state State Identifier Application Pre-application Date Received by HUD Federal Identifier Construction Construction Non Construction Non Construction Applicant Information CITY OF DENTON Error! Not a valid link.Error! Not a valid link. 101 S. LOCUST, STE. 500 07-138-0190 Error! Not a valid link.Error! Not a valid link. Error! Not a valid link.Error! Not a valid link. PARKS & Error! Not a valid link.Error! Not a valid link. DENTON State TEXAS RECREATION DEPT. COMMUNITY Error! Not a valid link. 76201 DEVELOPMENT Error! Not a valid link.Error! Not a valid link. DENTON Error! Not a valid link. Employer Identification Number (EIN): 08/01/06 Error! Not a valid link. 75-6000514 Applicant Type: Specify Other Type if necessary: Error! Not a valid link. Error! Not a valid link. U.S. Department of Housing and Urban Development Program Funding Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding 14.218 Entitlement Grant Community Development Block Grant CDBG Project Titles: Description of Areas Affected by CDBG Project(s) Housing rehabilitation, minor repair, sewer projects, public Denton, Texas facility improvements, provision of public services, homeownership assistance, program administration. CDBG Grant Amount Additional HUD Grant(s) Leveraged Describe $890,440 $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) $65,000 Total Funds Leveraged for CDBG-based Project(s) 4 Page 14.239 HOME Home Investment Partnerships Program HOME Project Titles: housing rehabilitation, assistance to Description of Areas Affected by HOME Project(s) CHDO for acquisition, rehab and homeownership Denton, Texas assistance, and program administration $HOME Grant Amount $Additional HUD Grant(s) LeveragedDescribe $546,196 $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) $45,000 Total Funds Leveraged for HOME-based Project(s) 14.241 HOPWA Housing Opportunities for People with AIDS HOPWA Project Titles Description of Areas Affected by HOPWA Project(s) $HOPWA Grant Amount $Additional HUD Grant(s) LeveragedDescribe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOPWA-based Project(s) 14.231 ESG Emergency Shelter Grants Program ESG Project Titles Description of Areas Affected by ESG Project(s) $ESG Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for ESG-based Project(s) Congressional Districts of: Is application subject to review by state Executive Order 12372 Process? Applicant Districts 26 Project Districts 26 Is the applicant delinquent on any federal debt? If Yes This application was made available to the ?Yes? please include an additional document state EO 12372 process for review on DATE explaining the situation. No Program is not covered by EO 12372 Yesx No x N/A Program has not been selected by the state for review Person to be contacted regarding this application Barbara L. Ross Error! Not a valid link.Error! Not a valid link.Error! Not a valid link. CD (940) 349-7235 (940) Error! Not a valid link.Error! Not a valid link.Error! Not a valid link. Administrator383-2445 ? Error! Not a valid link.Error! Not a valid link.Error! Not a valid link. bross@cityofdenton.comwww.cityofdenton.com Signature of Authorized Representative ? Howard Martin, City Manager Date Signed 5 Page 2006 PROJECTS/ACTIVITIES SUMMARY The City of Denton's total federal and program income funding for 2006 is $1,645,424 (includes $98,788 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 17 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number: CDBGHOME Page # Project Name FundsFunds 7 AIDS Services of North Texas $8,500 $0 8 CASA of Denton County $5,766 $0 8 CDBG Administration $191,088 $0 9 DAHC ? Affordable Housing Opportunity Program $0 $140,000 9 Day Stay For Adults $4,300 $0 10 Denton Christian Preschool $22,000 $0 10 Denton County Friends of the Family $23,000 $0 11 Family Health Care, Inc. $23,000 $0 11 Fred Moore Day School Renovation Project $195,000 $0 12 HOME Administration $0 $59,120 12 Home Improvement Program $144,109 $392,076 13 Homebuyer Assistance Program $45,000 $0 13 HOPE, Inc. $20,000 $0 14 Minor Repair Program $101,700 $0 14 MLK Center Kitchen Renovation Project $48,765 $0 15 PARD - King's Kids Day Kamp Program $5,000 $0 15 PARD - Owsley Summer Program $5,000 $0 16 Skinner St. Sewer Replacement Project $65,000 $0 16 SPAN, Inc. $17,000 $0 17 Wilson Street Sewer Replacement Project $130,000 $0 Total Funding Allocated to Projects $1,054,228 $591,196 Funding Available $1,054,228 $591,196 Unprogrammed Funds $0 $0 6 Page PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2006 program year with CDBG and HOME funds: AIDS SERVICES OF NORTH TEXAS Provision of food and medical care to individuals and families impacted by AIDS/HIV. Funds will be used to buy food and medical care for non-HIV related infections and chronic diseases. Program carried out by AIDS Services of North Texas. 05 Public Services (General) 570.201(e) HUD Matrix Code: Objectives: Suitable Living Environment 570.208(a)(2) Low/Mod Limited Clientele Eligibility: Decent Housing Non-Homeless Special Needs Priority Need: Creating Economic Opportunities Improve the services for low/moderate income Specific Objective: persons. Outcomes: Number of persons assisted with improved access to Availability/Accessibility Specific Outcomes: a service - 70 persons Affordability Sustainability 70 People Project Goals: Homeless HIV/AIDS Disabled Primary Purpose: Funding: Private 570.500(c) Subrecipient: CDBG $8,500 4210 Mesa Drive, Denton Texas 76207 Location: HOME $0 10/1/2006 Start Date Other $0 9/30/2007 Completion Date Total $0 7 Page CASA OF DENTON COUNTY Provision of advocacy services in the judicial system for abused children who have been removed from their home. The agency helps to ensure the child is placed in a safe home. Program carried out by CASA of Denton County. 05N Abuse and Neglected Children HUD Matrix Code: Objectives: Suitable Living Environment 570.208(a)(2) Low/Mod Limited Clientele Eligibility: Decent Housing Public Services Priority Need: Creating Economic Opportunities Improve the services for low/moderate income Specific Objective: persons. Outcomes: Number of persons assisted with improved access to Availability/Accessibility Specific Outcomes: a service - 130 persons Affordability Sustainability 130 People Project Goals: Homeless HIV/AIDS Disabled Primary Purpose: Funding: Private 570.500(c) Subrecipient: CDBG $5,766 614 N. Bell Ave. Denton Texas 76207 Location: HOME $0 10/1/2006 Start Date Other $0 9/30/2007 Completion Date Total $0 CDBG ADMINSTRATION CDBG funds will be used for program management, coordination, monitoring and evaluation associated with carrying out eligible activities. Funds will also be utilized to continue City?s efforts in fair housing. Funding includes $10,400 in CDBG Program Income. The program will be carried out by the City?s Community Development Division.Funding includes $13,000 in proposed CDBG program income. 21A General Program Administration 570.206 HUD Matrix Code: Objectives: Suitable Living Environment 570.208(a)(2) Low/Mod Limited Clientele Eligibility: Decent Housing Planning & Administration Priority Need: Creating Economic Opportunities N/A Specific Objective: Outcomes: Availability/Accessibility N/A Specific Outcomes: Affordability Sustainability N/A Project Goals: Homeless HIV/AIDS Disabled Primary Purpose: Funding: Local Government Subrecipient: CDBG $191,008 Community Wide Location: HOME $0 08/01/06 Start Date Other $0 07/31/07 Completion Date Total $0 8 Page DAHC - AFFORDABLE HOUSING CORP 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. 14G Acquisition for Rehabilitation 92.205 (a) HUD Matrix Code: Objectives: Suitable Living Environment N/A Eligibility: Decent Housing Creating Economic Housing Priority Need: Opportunities Increase the availability of affordable owner Specific Objective: housing. Outcomes: Number of affordable units - 20 Specific Outcomes Availability/Accessibility Numbers brought to standard condition - 20 Indicators: Affordability Sustainability 20 housing units Project Goals: Homeless HIV/AIDS Disabled Primary Purpose: Funding: CHDO 92.2 Subrecipient: CDBG $0 Location: Community Wide HOME $140,000 Start Date 08/01/06 Other $0 07/31/07 Completion Date Total $0 DAY STAY FOR ADULTS Provision of day activity programming and health services to functionally impaired adults. Funds will be used to subsidize daycare costs not covered by Medicaid reimbursement. Program will be carried out by Day Stay for Adults. 05B Handicapped Services 570.201(e) HUD Matrix Code: Objectives: 570.208(a)(2) ? Low/Mod Limited Clientele Eligibility: Suitable Living Environment Decent Housing Non-homeless special needs Priority Need: Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Number of persons assisted with improved access to Specific Outcomes Availability/Accessibility a service -24 persons Indicators: Affordability 24 People Project Goals: Sustainability Homeless HIV/AIDS Disabled Primary Purpose: Funding: Private 570.500(c) Subrecipient: CDBG $4,300 Location: 2109 University Dr., Denton Texas 76201 HOME $0 Start Date 10/01/06 Other $0 09/30/07 Completion Date Total $0 9 Page DENTON CHRISTIAN PRESCHOOL Provision of childcare services for low income children between the ages of 3 years and 5 years. Funds will be utilized pay for teacher?s salaries. The program carried out by the Denton Christian Preschool. 05L Child Care Services 570.201(e) HUD Matrix Code: Objectives: 570.208(a)(2) ? Low/Mod Limited Clientele Eligibility: Suitable Living Environment Decent Housing Public Services Priority Need: Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Number of persons assisted with improved access to Specific Outcomes Availability/Accessibility a service - 62 persons Indicators: Affordability 62 People Project Goals: Sustainability Homeless HIV/AIDS Disabled Primary Purpose: Funding: Private 570.500(c) Subrecipient: CDBG $22,000 Location: 1114 West University Drive, Denton, Texas HOME $0 Start Date 10/01/06 Other $0 09/30/07 Completion Date Total $0 DENTON COUNTY FRIENDS OF THE FAMILY Provision of childcare services for low income children between the ages of 3 years and 5 years. Funds will be utilized pay for teacher?s salaries. The program carried out by the Denton Christian Preschool. Objectives: 05G Battered and Abused Spouses 570.201(e) HUD Matrix Code: Suitable Living Environment 570.208(a)(2) ? Low/Mod Limited Clientele Eligibility: Decent Housing Public Services Priority Need: Creating Economic Opportunities Provide emergency services for homeless persons. Specific Objective: Outcomes: Number of persons assisted with improved access to Specific Outcomes Availability/Accessibility a service - 1583 persons Indicators: Affordability Sustainability 1583 People Project Goals: Homeless HIV/AIDS Disabled Primary Purpose: Funding: Private 570.500(c) Subrecipient: CDBG $23,000 Location: Confidential HOME $0 Start Date 10/01/06 Other $0 09/30/07 Completion Date Total $0 10 Page FAMILY HEALTH CARE 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 pregnant women. Program will be carried out by Family Health Care, Inc. 05M Health Services 570.201 (e) HUD Matrix Code: Objectives: Suitable Living 570.208(a)(2) ? Low/Mod Limited Clientele Eligibility: Environment Public Services Priority Need: Decent Housing Creating Economic Improve the services for low/moderate income Specific Objective: Opportunities persons. Outcomes: Number of persons assisted with improved access to Specific Outcomes Availability/Accessibility a service - 83 persons Indicators: Affordability 83 People Project Goals: Sustainability Homeless HIV/AIDS Disabled Primary Purpose: Funding: Private 570.500(c) Subrecipient: CDBG $23,000 Location: 525 S. Loop 288, Suite A, Denton Texas 76205 HOME $0 Start Date 10/01/06 Other $0 09/30/07 Completion Date Total $0 FRED MOORE DAY SCHOOL RENOVATION PROJECT Funds will be used to support a portion of the site improvements and could include adding an additional infant classroom and an additional toddler classroom. Also, plans are to relocate the office to the front of the building and build a gymnasium and parking lot. Project will be carried out by the City?s Community Development Division and Fred Moore Day School. 03M Child Care Centers 570.201 (C) HUD Matrix Code: Objectives: Suitable Living 570.208(a)(2) ? Low/Mod Limited Clientele Eligibility: Environment Public Facilities Priority Need: Decent Housing Creating Economic Improve the services for low/moderate income Specific Objective: Opportunities persons. Outcomes: Number of persons assisted with new access to a Specific Outcomes Availability/Accessibility facility - 110 persons Indicators: Affordability 110 People Project Goals: Sustainability Homeless HIV/AIDS Disabled Primary Purpose: Funding: Private 570.500(c) Subrecipient: CDBG $195,000 Location: 525 S. Loop 288, Suite A, Denton Texas 76205 HOME $0 Start Date 08/01/06 Other $0 07/31/07 Completion Date Total $0 11 Page HOME ADMINSTRATION HOME funds will be used for salaries associated with carrying out HOME projects by the City?s Community Development Division. Funding includes $4,500 in HOME Program Income. 21H HOME Admin/Planning Costs of PJ (subject to Objectives: HUD Matrix Code: 10%) 92.207 (a) Suitable Living Environment N/A Eligibility: Decent Housing Creating Economic Planning & Administration Priority Need: Opportunities N/A Specific Objective: Outcomes: Specific Outcomes N/A Availability/Accessibility Indicators: Affordability N/A Project Goals: Sustainability Homeless HIV/AIDS Disabled Primary Purpose: Funding: Local Government Subrecipient: CDBG $ Location: Community Wide HOME $59,120 Start Date 08/01/06 Other $0 07/31/07 Completion Date Total $0 HOME IMPROVEMENT PROGRAM 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 ($52,000) and HOME ($40,500) Program Income. Program will be carried out by the City?s Community Development Division. 14A Rehab; Single-Unit Residential 570.202 CDBG HUD Matrix Code: Objectives: / 92.205 (a) HOME Suitable Living Environment 570.208(a)(3) ? Low/Mod Housing Eligibility: Decent Housing Creating Economic Owner-occupied Housing Priority Need: Opportunities Improve the quality of owner housing. Specific Objective: Outcomes: Number of units brought from substandard to Specific Outcomes Availability/Accessibility standard condition - 7 housing units Indicators: Affordability Sustainability 7 housing units Project Goals: Homeless HIV/AIDS Disabled Primary Purpose: Funding: CHDO 92.2 Subrecipient: CDBG $144,109 Location: Local Government HOME $392,076 Start Date Community Wide Other $0 Completion Date 08/01/06 ? 07/31/07 Total $0 12 Page HOMEBUYER ASSISTANCE PROGRAM 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. 13 Direct Homeownership Assistance 570.202 HUD Matrix Code: Objectives: Suitable Living Environment 570.208(a)(3) ? Low/Mod Housing Eligibility: Decent Housing Creating Economic Owner-occupied Housing Priority Need: Opportunities Increase the availability of affordable owner Specific Objective: housing Outcomes: Number of first-time homebuyers - 30 households Specific Outcomes Availability/Accessibility Number receiving down-payment assistance/closing Indicators: Affordability costs - 30 households Sustainability 30 Households Project Goals: Homeless HIV/AIDS Disabled Primary Purpose: Funding: CHDO 92.2 Subrecipient: CDBG $45,000 Location: Local Government HOME $0 Start Date Community Wide Other $0 Completion Date 08/01/06 ? 07/31/07 Total $0 HOPE, INC. Provision of financial assistance and case management to families who are homeless or at risk to be homeless and seeking to secure, stable, permanent housing. Funds will be used to assist the homeless and potentially homeless families with rent, utility, food, and childcare needs. Program will be carried out by HOPE, Inc. 05 Public Services (General) 570.201(e) HUD Matrix Code: Objectives: 570.208(a)(2) ? Low/Mod Limited Clientele Eligibility: Suitable Living Environment Decent Housing Public Services Priority Need: Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Number of persons assisted with improved access to Specific Outcomes Availability/Accessibility a service 45 persons Indicators: Affordability 45 People Project Goals: Sustainability Homeless HIV/AIDS Disabled Primary Purpose: Funding: Subrecipient: Private 570.500(c) CDBG $20,000 Location: Community Wide HOME $0 Start Date 10/01/06 Other $0 09/30/07 Completion Date Total $0 13 Page MINOR REPAIR PROGRAM Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be covered by homeowner?s insurance. Program carried out by the City?s Community Development Division. 14A Rehab; Single-Unit Residential 570.202 CDBG HUD Matrix Code: Objectives: / 92.205 (a) HOME Suitable Living Environment 570.208(a)(3) ? Low/Mod Housing Eligibility: Decent Housing Creating Economic Owner-occupied Housing Priority Need: Opportunities Improve the quality of owner housing. Specific Objective: Outcomes: Number of units brought from substandard to Specific Outcomes Availability/Accessibility standard condition ? 45 housing units Indicators: Affordability Sustainability 45 housing units Project Goals: Homeless HIV/AIDS Disabled Primary Purpose: Funding: Subrecipient: Local Government CDBG $101,700 Location: Community Wide HOME $0 Start Date 08/01/06 Other $0 Completion Date 07/31/07 Total $0 MLK CENTER KITCHEN RENOVATION PROJECT Project consists of remodeling the MLK kitchen, including cabinetry replacement, new sinks and appliances. The remodel would bring the kitchen up to commercial code and allow greater use by facility users. Project will be carried out by the City?s Community Development Division and the Parks and Recreation Department. 03F Parks, Recreational Facilities 570.201 (c) HUD Matrix Code: Objectives: Suitable Living Environment 570.208(a)(1) ? Low/Mod Area Eligibility: Decent Housing Public Facilities Priority Need: Creating Economic Improve quality/increase quantity of public facilities Opportunities Specific Objective: for low income persons. Outcomes: Number of persons assisted with improved access to Specific Outcomes Availability/Accessibility a facility ? 2192 people. Indicators: Affordability 1 Public Facility Project Goals: Sustainability Homeless HIV/AIDS Disabled Primary Purpose: Funding: Subrecipient: Local Government CDBG $48,765 1300 Wilson St., Denton ; CT 212 BG 2; L/M Location: 72.70% HOME $0 Start Date 08/01/06 Other $0 07/31/07 Completion Date Total $0 14 Page PARD ? KING?S KIDS DAY KAMP PROGRAM Provision of a summer playground targeted to youth in Southeast Denton. Funds will be used to provide scholarships for low-income participants. Program will be carried out by the City?s Parks and Recreation Department. 05L Child Care Services 570.201(e) HUD Matrix Code: Objectives: 570.208(a)(2) ? Low/Mod Limited Clientele Eligibility: Suitable Living Environment Decent Housing Public Services Priority Need: Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Number of persons assisted with improved access to Specific Outcomes Availability/Accessibility a service 12 persons Indicators: Affordability 12 people Project Goals: Sustainability Homeless HIV/AIDS Disabled Primary Purpose: Funding: Subrecipient: Local Government CDBG $5,000 Location: 1300 Wilson St., Denton Texas HOME $0 Start Date 10/01/06 Other $0 09/30/07 Completion Date Total $0 PARD ? OWSLEY SUMMER PROGRAM Provision of a summer playground targeted to youth in the Owsley Neighborhood. Funds will be used to provide scholarships for low-income participants. Program will be carried out by the City?s Parks and Recreation Department. 05L Child Care Services 570.201(e) HUD Matrix Code: Objectives: Suitable Living Environment 570.208(a)(2) ? Low/Mod Limited Clientele Eligibility: Decent Housing Public Services Priority Need: Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons Outcomes: Number of persons assisted with improved access to Specific Outcomes Availability/Accessibility a service 12 persons Indicators: Affordability 12 people Project Goals: Sustainability Homeless HIV/AIDS Disabled Primary Purpose: Funding: Subrecipient: Local Government CDBG $5,000 Location: 2535 Charlotte, Denton Texas HOME $0 Start Date 10/01/06 Other $0 09/30/07 Completion Date Total $0 15 Page SKINNER ST. SEWER REPLACEMENT PROJECT Replacement of existing 6? sewer line on Skinner Street with a new 8? from Prairie to the drainage channel. The new line would be constructed and placed in the street. Project will be carried out by the City?s Engineering Department. 03J Waster/Sewer Improvements 570.201(c) HUD Matrix Code: Objectives: Suitable Living Environment 570.208(a)(1) ? Low/Mod Area Eligibility: Decent Housing Infrastructure Priority Need: Creating Economic Improve quality/increase quantity of public Opportunities Specific Objective: improvements for low income persons. Number of persons assisted where activity was used Outcomes: Specific Outcomes to meet a measurable improved quality ? 2192 Availability/Accessibility Indicators: people Affordability Sustainability 2192 people Project Goals: Homeless HIV/AIDS Disabled Primary Purpose: Funding: Subrecipient: Local Government CDBG $65,000 Location: CT 21200 BG 2 ? 72.72% LM HOME $0 Start Date 10/01/06 Other $0 09/30/07 Completion Date Total $0 SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS) Provision of congregate and home-delivered meals to the elderly. Funds will be used to buy meals. Program carried out by SPAN. 05A Senior Services 570.201(e) HUD Matrix Code: Objectives: Suitable Living Environment 570.208(a)(2) ? Low/Mod Limited Clientele Eligibility: Decent Housing Non-housing special needs Priority Need: Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Number of persons assisted with improved access to Specific Outcomes Availability/Accessibility a service 450 persons Indicators: Affordability 450 people Project Goals: Sustainability Homeless HIV/AIDS Disabled Primary Purpose: Funding: Subrecipient: Private 570.500(c) CDBG $17,000 Location: 1800 Malone Street, Denton, Texas 76201 HOME $0 Start Date 10/01/06 Other $0 09/30/07 Completion Date Total $0 16 Page WILSON ST. SEWER REPLACEMENT PROJECT Replacement of existing 6? sewer line on Wilson Street with a new 8? line from Bushey to Newton. The new line would be constructed and placed in the street. Project will be carried out by the City?s Engineering Department. 03J Waster/Sewer Improvements 570.201(c) HUD Matrix Code: Objectives: Suitable Living Environment 570.208(a)(1) ? Low/Mod Area Eligibility: Decent Housing Infrastructure Priority Need: Creating Economic Improve quality/increase quantity of public Opportunities Specific Objective: improvements for low income persons. Number of persons assisted where activity was used Outcomes: Specific Outcomes to meet a measurable improved quality ? 2192 Availability/Accessibility Indicators: people Affordability Sustainability 2192 people Project Goals: Homeless HIV/AIDS Disabled Primary Purpose: Funding: Subrecipient: Local Government CDBG $130,000 Location: CT 21200 BG 2 ? 72.72% LM HOME $0 Start Date 10/01/06 Other $0 09/30/07 Completion Date Total $0 17 Page OTHER RESOURCES AVAILABLE Also, during the 2006 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 2006. The committee also recommended that $2,500 from last year?s General Fund recommendation for Sickle Cell Disease Association be reallocated to Denton Christian Preschool. A contract for 2005-06 General Fund was not executed with Sickle Cell Disease Association. Category / Agency General Funds Aging Services RSVP ? 475 people $8,000 Emergency Services Community Food Center ? 17,000 people $3,000 Denton County HMIS ? N/A $18,000 Day Care /After School Care Denton City County Day School ? 85 people $25,000 Fred Moore Day Nursery ? 150 people $27,000 Owsley Comm. School - After School ? 80 people $8,000 Child/Family Services CASA ? 477 people $1,234 Children's Advocacy Center ? 300 people $7,000 Denton Family Resource Center ? 4,500 people $4,000 $101,234 Total 18 Page STRATEGIES & PROPOSED PROJECTS The City of Denton's 2006 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 StrategyOutcome Measures Proposed Activities RENTAL HOUSING STRATEGIES Encourage and support the An addition of 100 Provide support for low-income housing development of small affordable units in mixed tax credit and bond proposals for mixed-income rental income developments development. developments in accessible would assist in meeting this areas.outcome measure. Encourage self-sufficiency Rental assistance and other Work with and provide funding when among households that forms of public assistance appropriate to support transitional housing currently receive rental to approximately 25 and self-sufficiency programs administered subsidies and other forms households by Denton Housing Authority, HOPE, Inc of public support. and Cumberland Presbyterian Children?s Home. Encourage and support the RehabilitationContinue to support effort in the City?s Rental rehabilitation of Approximately 25 units. Rehabilitation Program with residual funds. substandard units. Encourage and assist low-Approximately 250 renters Funding City?s Homebuyer Assistance income renters to become will be assisted. Program, DAHC?s Affordable Housing homeowners. Opportunity Program for 50 households. Support of the following programs: DAHC?s Infill New Construction Program and Nevada Court Project, Denton Housing Authority?s Family Self Sufficiency Program and Habitat for Humanity. Target programs and Four newsletters per year Continuation of TBRA Program with residual information to minorities will be sent out. Additional Disseminate program information in funds. and the elderly. information will appear on Spanish and English to organizations cable channel. serving these groups. OWNER-OCCUPIED HOUSING STRATEGIES Educate homeowners Information will be 7 households will be provided successful regarding home provided to 20-25 homeowner education. maintenance and households budgeting for major and minor repairs and safe cleaning practices. 19 Page 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan StrategyOutcome Measures Proposed Activities Assist low and moderate-Provide minor repairs to Funding of the Minor Repair Program for 45 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. and DAHC?s Affordable Housing Opportunity renters to become Program for a total of 50 households. homeowners. Support production of Construction of an Support of DAHC and City?s Infill New affordable units. estimated 75 new units. Construction Program and DAHC and Habitat for Humanity?s New Construction Program. CONTINUUM OF CARE ? PREVENTING HOMELESSNESS Provide assistance for low-1) Support at least three 1a) 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. 1b) 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. 2b) Continue to support the Tenant Based Rental Assistance from HOME funds to the Elderly and Disabled to maintain independent living and to prevent homelessness. 20 Page 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan StrategyOutcome Measures Proposed Activities CONTINUUM OF CARE ? OUTREACH AND ASSESSMENT Improve community Support at least five 1) Provide funds to the Denton County 1) assessment of needs and homeless service agencies Homeless Management Information System services available participating in the HMIS to enroll and support homeless service in three years. agencies. Complete implementation 2a) Complete first phase of Denton County 2) of the Denton County HMIS project Implementation including HMIS project in three contracts with software provider and for years. HMIS technical services support. Support a county-wide 2b) Assist Denton County HMIS Project 3) coordinated Discharge management to complete HMIS policies and Policy and Plan to End procedures. Chronic Homelessness in 3) Assist the Denton County Homeless two years 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 Support at least 1,000 1) Provide funds to the Denton County 1) shelter and basic health, emergency shelter nights Friends of the Family Safe Shelter. food, clothing, and of stay a year. 2a) Assist The Salvation Army, and Denton personal hygiene needs of Assist local agencies to County Friends of the Family to apply for 2) the homeless and victims apply for at least three Emergency Shelter Grant Program Funds of domestic violence. grants to provide 2b) Assist Denton County MHMR to apply for supportive services to all Supportive Housing Program and/or homeless, victims of Shelter Plus Care Funds. domestic violence, 2c) Assist AIDS Services of North Texas homeless families or apply for Supportive Housing Program homeless youth. Funds. 21 Page 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan StrategyOutcome Measures Proposed Activities CONTINUUM OF CARE ? TRANSITIONAL HOUSING Meet the transitional Support at least 100 1a) Support the Salvation Army?s transitional 1) housing and supportive individuals/ families shelter program. service needs of the provided with transitional 1b) Provide funds to HOPE, Inc to support a homeless and victims of housing a year. transitional housing program for an domestic violence in Assist local agencies to estimated 45 persons. 2) preparation for a move to apply for at least two 2a) Provide local agencies with information on permanent or permanent grants to provide grant opportunities for funds to support supportive housing. additional transitional transitional housing and supportive housing and supportive services. services2b) Provide documentation for and assist with Support the increase use the completion of applications to request 3) of transitional housing Emergency Shelter Grant Funds and and/or supportive Supportive Housing Program funds for services to prepare transitional housing and supportive services individuals for permanent 3) Attend Ten Year Plan to End Homelessness housing in the Ten Year meetings and provide information on the Plan to End importance and need for transitional Homelessness. housing and/or supportive services. CONTINUUM OF CARE ? TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING Provide homeless and 1) Assist agencies to apply 1a) Assist AIDS Services of North Texas and victims of domestic for at least two grants to Denton County MHMR apply for violence with permanent or provide permanent Supportive Housing Program funds for permanent supportive supportive housing with permanent supportive housing program housing.an emphasis on chronic projects. homeless and persons 1b) Provide local agencies with information on with a severe mental grant opportunities for funds to support illness and/ or HIV transitional housing and supportive positive status. services. 2) Assist at least two 2a) Participate in the Affordable Housing community partnerships/ Coalition and the Denton County Homeless collaborative efforts to Coalition. provide additional 2b) Provide funding to support programs of permanent housing HOPE, Inc, Denton County Friends of the opportunities to the Family, and Denton Affordable Housing homeless and victims of Corporation who have a collaborative effort domestic violence to move victims of domestic violence from emergency shelter to Transitional housing in preparation for stable, sustainable permanent housing. 22 Page 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan StrategyOutcome Measures Proposed Activities LEAD-BASED PAINT STRATEGIES Educate homeowners, rent 30 households and 50-75 Six owners and 12 contractors or property property owners/managers contractors and property managers will receive field guides for Lead and contractors regarding managers received field Paint Safety painting, home maintenance and disclosure, the history of guides for painting, home renovation work instructions. Four owners, lead-based paint, its maintenance and renovation managers or contractors receive individual safe hazards to children and work instructions. 20 work practice video training and lead-related how to use safe work owners, managers or regulation training. practices when disturbing contractors receive paint in older housing.individual safe work practice video training for the five-year period Reduce Lead-Based Paint Average of 40 units will In properties built before 1978, two minor Hazards in owner and receive lead-based paint repairs, one rental rehabilitation, three owner renter-occupied residential inspection, hazard control occupied rehabilitations and three homebuyer units as needed. reduction work or assistance projects will be completed and abatement, pass inspections receive lead-based paint reduction work, pass and, when required, meet inspections and meet final clearance in final clearance over the compliance with 24 CFR 35 regarding lead- five-year period. based paint during 2006. For the Homebuyer Assistance Program, only a visual inspection will be conducted and property must pass inspection. HUMAN SERVICES STRATEGIES Meet the basic food needs Support at least 5,000 1a) Provide funds to support the Community 1) of the homeless and low-emergency meals and Food Center who will provide emergency income food bags a year food bags to an estimated 17,000 people. Support at least 350 2a) Provide funds to support the Nutrition 2) meals and nutritional Center of AIDS Services of North Texas to food bags/shops a yearprovide an estimated 70 persons with weekly nutritional shops. 2b) Provide funds to support SPAN who will provide an estimated 20,000 meals to elderly. 23 Page 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan StrategyOutcome 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. low-income persons of stay a year 2) Provide funds to HOPE, Inc to support a 2) Support at least 100 transitional housing program for an individuals/ families estimated 45 persons. provided with transitional 3a) Provide 10 staff hours to support the Denton housing a year County Homeless Count conducted by the 3) Provide at least 100 hours Denton County Homeless Coalition of staff time in support of (DCHC). at least 3 projects for the 3b) Provide 60 staff hours to support the DCHC Denton County Homeless application for Continuum of Care funds. Coalition a year 3c) Provide 30 staff hours to support the DCHC 4) Support 250 individual/ application for Emergency Shelter Grant family units of case Program Funds. management and other 4) Provide support to HOPE, Inc 30-90 day services to maintain program. housing including prevention of foreclosure and eviction a year Foster and maintain an 1) Participate in at least 3 1a) 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 1b) Participate in the Success by Six Children?s strong, supportive foster and maintain an Coalition in an effort to improve the lives of relationshipsenvironment to promote children and their families. strong, supportive 1c) Participate in the Denton Information relationshipsNetwork 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 297 families. year 2b) Provide funds to three after school/summer care programs to support the provision of childcare to an estimated 104 families. 24 Page 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan StrategyOutcome 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. environment where 4) Support at least 100 units 3b) Provide support to Children?s Advocacy families, neighborhoods, of domestic violence and Center for Denton County to provide sexual and communities enjoy sexual assault prevention abuse/assault services to children and non- strong, supportive education and training a offending families members. relationshipsyear 4) Provide support to Denton County Friends of the Family for the provision of 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 83 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, disabilitiesand mental health needs. 3) Support at least 25 units of mental health care services INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES Street paving and Paving and repaving Not applicable this year. repaving, installation of projects will support 700 curb and gutter. people. Installation of new Sidewalk projects will Not applicable this year. sidewalks and replacement support 235 people. sidewalks. Installation of water and Water and sewer projects Funding of Skinner St. and Wilson St. Sewer sewer lines. Connection of will support 120 people. Replacement Project for a total of 2192 people. residential units to services. 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. 25 Page 5-yr Consolidated Plan 5-yr Consolidated Plan 1-yr Action Plan StrategyOutcome Measures Proposed Activities 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 Continued support for the Demolition Program substandard buildings to during the five-year period. with residual funds. 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. 26 Page 2006 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts Minority Concentration 1 by Census Tracts 4 0 - 25% 3 +25% - 30% +31% - 40% 2 5 +41% - 50% +50% - 100% 8 9 Source: U.S. 2000 7 Census 6 2006 Projects and Activities 1. AIDS Services of North Texas 7. King?s Kids Day Kamp / MLK Rec. Ctr. 2. CASA of Denton County Kitchen Renovations/Wilson St. Sewer 3. Day Stay for Adults Replacement 4. Denton Christian Preschool 8. Owsley Summer Playground Program 5. Family Health Care 9. Skinner St. Sewer Replacement 6. Fred Moore Day School Improvements Community-Wide Activities CDBG and HOME Administration Minor Repair Program Denton Affordable Housing Corp. ? AHOP HOPE, Inc. Home Improvement Program Services Program for Aging Needs, Inc Homebuyer Assistance Program 27 Page OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM - FORMS OF INVESTMENT The City of Denton, through the Homebuyers Assistance Program (HAP) and Denton 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 amount includes all investment 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 Denton 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 agreements and/or contracts with community housing development corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to continued affordability of assisted units. There are no other forms of investment that are not described in §92.205(b) by the City of Denton. HOME PROGRAM - TENANT BASED RENTAL ASSISTANCE The City of Denton?s Tenant-Based Rental 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 rental assistance are stated in the 2005 Consolidated Plan for Housing and Community Development: 1. 66% of the renter households in Denton are below 50% of the area median income and are considered very low-income households. 2. Waiting lists for Section 8 subsidies or subsidized housing units has 1476 very low-income households. 3. 37% of the elderly in Denton are renters. More than 65% have incomes at or below 50% of the area median income. 4. 54.8% of elderly renter households report housing problems. 5. 31% of the elderly renter households in this category have a cost burden, 37% have a severe cost burden. 28 Page 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 independent, are needed as a supplement to the housing assistance. The information discussed in the 2000-2005 Consolidated Plan concerning the need for affordable rental housing for the elderly and citizen requests for assistance for persons with disabilities has led . This policy will be used to determine the City of Denton to adopt a Tenant Selection Policy appropriate participants under the City?s Tenant-Based Rental Assistance program. TBRA is an essential element of Denton?s Consolidated Plan and will serve to expand the supply of affordable, decent, safe and sanitary housing for very low-income households. MONITORING STANDARDS AND PROCEDURES The City of Denton will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton will consider making changes or updates to the 5-year Consolidated Plan. The City of Denton provides CDBG, HOME and General funds to several non-profits agencies and departments 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 accomplishments. 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 client files, financial and accounting records, and procurement procedures. Independent audits are also submitted and reviewed by the City staff. A similar process is also followed to monitor the Denton Affordable Housing Corporation, a certified CHDO. The City?s Community Development 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 maintains checklists on individual projects to ensure that all required procedures have been completed. The Housing Rehabilitation Staff maintains records on all rehabilitation projects. The Community Development Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maintains 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 accomplishments is also required from all City programs and projects. 29 Page PUBLIC HOUSING IMPROVEMENTS The City of Denton has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Denton has no public housing units. However, City staff will continue 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 Denton?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: 1. 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. Work with the Denton Housing Coalition to bring other housing providers and professionals into the organizations. If funding is available, staff will 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 and other area communities where 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 second year of a three-year Supportive Housing Program grant received from US Department of Housing and Urban Development (HUD). 3. 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. Community Development housing staff will provide one-on-one training for local contractors to assist them in becoming familiar with safe lead procedures. Staff will also inform interested contractors if training on lead hazard control and safe work practices is available in the area. Expend additional Lead Hazard Control Grant funds recently awarded in a partnership with the City of Ft. Worth. Use area contractors for work funded through this grant if possible. 4. Lack of shelter facilities for families and youth. 30 Page 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. The City would participate if UNT leads this effort. 6. Lack of coordination of homebuyer/homeowner educational services needed to provide a higher level of information. Work with local agencies, lenders, realtors and universities 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. 31 Page LOCAL GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: -- The jurisdiction will affirmatively further fair housing, which Affirmatively Further Fair Housing 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. -- It will comply with the acquisition and relocation Anti-displacement and Relocation Plan 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. -- It will or will continue to provide a drug-free workplace by: Drug Free Workplace 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. 32 Page -- To the best of the jurisdiction's knowledge and belief: Anti-Lobbying 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. -- The consolidated plan is authorized under State and local law (as applicable) Authority of Jurisdiction and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. -- The housing activities to be undertaken with CDBG, HOME, ESG, and Consistency with plan HOPWA funds are consistent with the strategic plan. -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and Section 3 implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date Howard Martin Name City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number 33 Page 34 Page Specific CDBG Certifications The Entitlement Community certifies that: It is in full compliance and following a detailed citizen participation plan that Citizen Participation -- satisfies the requirements of 24 CFR 91.105. Its consolidated housing and community development plan identifies Community Development Plan -- 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) It is following a current consolidated plan (or Comprehensive Housing Affordability Following a Plan -- Strategy) that has been approved by HUD. It has complied with the following criteria: Use of Funds -- 4. 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); 5. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during, (a period specified by the grantee consisting of one, two, or three program year(s) 2006 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; 6. 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. 35 Page It has adopted and is enforcing: Excessive Force -- 7. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 8. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; The grant will be conducted and administered in Compliance With Anti-discrimination laws -- 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. Its activities concerning lead-based paint will comply with the requirements of Lead-Based Paint -- part 35, subparts A, B, J, K and R, of title 24; It will comply with applicable laws. Compliance with Laws -- Signature/Authorized Official Date Howard Martin Name City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number 36 Page Specific HOME Certifications The HOME participating jurisdiction certifies that: If the participating jurisdiction intends to provide tenant-based rental Tenant Based Rental Assistance -- 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. it is using and will use HOME funds for eligible activities and costs, as Eligible Activities and Costs -- 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. before committing any funds to a project, it will evaluate the Appropriate Financial Assistance -- 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 Howard Martin Name City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number 37 Page 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 DivisionSuite 500 38 Page 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 ) or imposition of sentence, or both, by any nolo contendere 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 Howard Martin Name City Manager Title 215 E. McKinney Street Address Denton, Texas 76201 City/State/Zip (349) 349-8307 Telephone Number 39 Page Spanish Public Hearing Notes December 5, 2005 Martin Luther King Jr. Recreation Center : Luisa Rodriguez-Garcia and Alma Espino Staff Present : Attendees Sandra Benavides ? CDAC Member Heladio Perez Osiel Perez Daniela Perez Luisa Rodriguez-Garcia opened the public hearing at 6:45 p.m. Ms. Rodriguez-Garcia introduced staff and CDAC members present and stated that the purpose of the public hearing was to receive citizen input on the use of the City?s federal funds from the U.S. Department of Housing and Urban Development. She reviewed with attendees the funding sources and amounts from HUD for the 2006 program year. She also 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. Heladio Perez stated his concern regarding dilapidated rental housing in Denton - specifically Vista Bonita Apartments on Ruddell Street. He said the apartments are unsanitary and are never cleaned prior to renting them. He also added that the sewer line has had issues for years. He asked if any programs were available to assist with this type of housing and what rights did the tenants have regarding repairs. Sandra Benavides mentioned that she also knew someone who needed this type of assistance. The Rental Rehab Program was mentioned, but is limited to 1 ? 4 plex units. Owners of rental property need to apply. Complaints regarding rental housing can be forwarded to Building Inspections Department. Mr. Perez stated that there is a concern from renters regarding a backlash. Heladio Perez asked what assistance was available for illegal aliens to purchase a home. Ms. Rodriguez mentioned that the Homebuyers Assistance Program offers assistance with down payment and closing costs assistance. She explained that persons applying for assistance with the Homebuyers Assistance Program are required to obtain a mortgage loan. Anyone applying for a mortgage note without documentation is considered a higher risk by the mortgage company. This results in higher interest rates, which makes the payment unaffordable for low- income buyers. The program requires the interest rate to be the prevailing interest rate and payments to be affordable. She also mentioned that the funds are not a grant, but a deferred loan. Osiel Perez asked what kind assistance was available for small businesses. Ms. Espino stated that the City of Denton had a Small Business Loan Program that offered loans up to $10,000 for new and existing business. The loan has an interest rate of 3%, payable over five years. An application will be provided for Mr. Perez. 40 Page Exhibit 4 Osiel and his wife Daniela Perez stated a need for sidewalks on Frame Street. The street is used quite frequently for people to miss traffic and to get from University to Mingo. The concern is that their children and other children in the neighborhood are picked up at the end of Frame Street near the railroad tracks. The children have to walk the length of the street from McKinney to Paisley to be picked up by the school bus. The problem is there are no sidewalks and children are walking the length of the street with increase in traffic and there is a potential for an accident. Ms. Espino advised them that there were some issues with Frame Street ? the street is too narrow and some of the houses are built too close to the street. Also, Mr. Perez asked if there were still plans to widen the bridge, because there is not enough room for two cars. Ms. Rodriguez stated that the Engineering Department would be contacted to verify future plans for the street or sidewalks. Heladio Perez asked if there were any plans for a Hispanic recreation center. The other centers in the city are too expensive to rent for occasions and the facilities close at midnight. Ms. Rodriguez and Ms. Espino mentioned that CDBG funding was not sufficient to consider a project of that magnitude. There would have to be other funding involved and a plan to consider other costs or responsibilities for the building. Currently, the local recreation centers are available to anyone wishing to utilize the centers. Osiel Perez asked if the property on the corner of Frame and McKinney was still being considered for a possible recreation center. Heladio Perez stated that the last thing he had heard was that the property had been donated to the City and the city was planning to use it for drainage purposes. Osiel Perez asked if permission was needed to cut down a tree. Mr. Perez was advised that permission was needed and that if he had a tree that was a danger to his home, he could apply to the Minor Repair Program. He stated that it would be a big help, because he could not financially afford the cost. Attendees were reminded that they could continue to call in comments until April regarding the City?s federally funded activities. The English public hearing on December 7th was announced. No additional comments were received so the meeting was adjourned. 41 Page Public Hearing Notes December 8, 2005 Martin Luther King Jr. Recreation Center Staff Present: Nancy Baker, Rebecca Guthrie, Barbara Ross Attendees: Julius Bershell, Don Louis, Edward Touraine ? CDAC Chair Barbara Ross opened the hearing. Julius Bershell indicated that he had no specific projects to request but wanted to understand more about the City?s Community Development programs. Don Louis also indicated that he was there to see how the process worked and did not have a request for funds. CD staff and committee members present explained the possible uses of the funds and the allocation process. Rebecca Guthrie from the City?s Engineering Department described the street, sidewalk, sewer and drainage projects carried out by the City using CDBG funds. No other residents attended the public hearing. The public hearing was adjourned. 42 Page Action Plan Public Hearing Minutes April 18, 2006 City Council Meeting th The following public comments were received at the April 18 public hearing: 43 Page MINUTES FROM 30-DAY COMMENT PERIOD April 3, 2006 through May 3, 2006 The following comments were received during the City of Denton?s 30-day comment period on the 2006 Action Plan for Housing and Community Development. 44 Page OFFICIAL MINUTES COMMUNITY DEVELOPMENT ADVISORY COMMITTEE October 3, 2005 Economic Development Conference Room Members Present: Ron Aldridge, Cassandra Berry, Walter Eagleton, Cathy Tedrick, Edward Touraine, and La Nelle Winn Members Absent with Notification: Sandra Benavides, Larry Collister, Maureen Jamail Staff Present: Barbara Ross Barbara Ross, Community Development Administrator called the meeting to order. She asked the members to introduce themselves. Members were also requested to review their contact information on the committee roster and make any necessary corrections. Ms. Ross reviewed the information regarding the Community Development Block Grant and HOME funds that the City of Denton receives. She provided information on the ?National Objectives? that each CDBG-funded activity must meet and the eligible activities for HOME and CDBG. Members discussed various projects that had been carried out through the programs. Ms. Winn stated that she was familiar with the program from her years in San Antonio and that the program was very successful there. She suggested that the members contact their Congressional representatives to point out the importance of these programs. Mr. Eagleton asked about the 25% match for HOME funding. Ms. Ross explained that the City was required to match the funding, not individual households. The City gets match from various sources including the Denton Affordable Housing Corporation, the Federal Home Loan Bank and the Denton County Housing Finance Agency. Ms. Ross noted that the City has not had to worry about match largely due to the funding efforts of the Denton Affordable Housing Corporation. Ms. Ross reviewed the schedule for the CDBG and HOME funding cycle. The program year begins August 1, 2006. Public hearings to gain citizen input on the use of funds will be held th December 5 and 8, 2005. The hearing on the 5 will be in Spanish. Both hearings will be held at the MLK Jr. Recreation Center and will begin at 6:30 pm. Ms. Ross invited the committee members to attend if they are available. Applications will be available to City departments and other organizations for housing and capital improvements projects in late November. There will be an application workshop for those who wish to submit an application for funding. Members discussed revisions to the application. Ms. Ross noted that at least one new question would be added to ask the applicant to explain what performance measures could be used to gage the effectiveness of the project or program. No additional revisions were suggested. 45 Page Members discussed the election of officers. Ron Aldridge made a motion that Eddie Touraine again be named as committee chairperson. LaNelle Winn seconded the motion. The motion passed unanimously. Eddie Touraine made a motion that Ron Aldridge act as vice-chair. Cassandra Berry seconded the motion. The motion passed unanimously. th Members agreed to set the next meeting for January 20. Staff would determine by talking with the absentee members whether 11:45 am or 3:00 pm would be best time for the meeting. The meeting was adjourned. 46 Page OFFICIAL MINUTES COMMUNITY DEVELOPMENT ADVISORY COMMITTEE January 20, 2006 Emily Fowler Library Meeting Room Members Present: Ron Aldridge, Cassandra Berry, Walter Eagleton, Cathy Tedrick, Edward Touraine, and La Nelle Winn Members Absent: Sandra Benavides, Larry Collister, Maureen Jamail Staff Present: Barbara Ross Edward Touraine called the meeting to order. The members reviewed the minutes from October rd 3. Ron Aldridge made a motion that the minutes be approved as presented. Walter Eagleton seconded the motion. The minutes were unanimously approved. Barbara Ross provided the committee with a virtual tour of various community development projects supported by the Community Development Advisory Committee in previous years. Projects included improvements at both City County and Fred Moore day cares, housing units under construction on Hickory Street, Prairie Street Sidewalks, Cumberland Presbyterian transitional housing duplex project, etc. Members discussed potential meeting dates. Members agreed to set up two luncheon meetings thth for February 15 and 16. Additional meetings would be set up as needed. Ms. Ross stated that the applications were due into the Community Development office today and that staff would get the notebooks out to committee members as soon as possible. The meeting was adjourned. 47 Page OFFICIAL MINUTES COMMUNITY DEVELOPMENT ADVISORY COMMITTEE February 15, 2006 Civic Center Conference Room Members Present: Ron Aldridge, Cassandra Berry, Walter Eagleton, Cathy Tedrick, Edward Touraine, and La Nelle Winn Members Absent: Sandra Benavides, Larry Collister, Maureen Jamail Staff Present: Barbara Ross th Edward Touraine called the meeting to order. There were no corrections to the January 20 minutes. The minutes were approved as written. New Generations Child Care Kathy Davis and Demetria Ennis-Cole gave a presentation on their request for playground equipment for the New Generations Child Care located at 909 N. Loop 288. Ms. Davis and Ms. Ennis-Cole stated that the day care assisted special needs children. They are asking for the grant to meet the play needs of the children. The day care provides services to 88 to 100 children. Ms. Ennis-Cole explains to the committee how they playground unit was chosen. She noted that they had secured $500 in donations for the playground. Members asked the representatives several questions regarding the day care?s services and the playground. Mr. Touraine asked about ADA access. Ms. Ennis-Cole described the ramps that would be included in the project. Ms. Davis stated that they currently have a five-year lease and could get a longer lease if necessary. Cassandra Berry asked if they had looked at any local companies for the equipment. The members and Ms. Ross discussed the fact that the day care would be required to go out for bids or proposals. Mr. Touraine asked about the board make-up and why the board members weren?t from Denton. Ms. Davis stated that they were currently working on expanding the board. One of the members whose address is listed as in Dallas actually lives in Denton. It was noted that the agency did not include a current year or projected budget in their information. Members requested the financial reports from the agency. The day care charges $85 per week and are currently collecting income information from parents through a survey. LaNelle Winn asked about income verification and Ms. Davis explained how the agency handles that task. Ms. Davis and Ms. Ennis-Cole explained that the purpose of the agency was to serve low- income households. That is why the payment is so low. They do advertising to reach that 48 Page group. Ms. Winn asked how they are able to get teachers to serve special needs children at the salary levels they offer. Ms. Davis said that some of the teachers are degreed and they have an investment in the organization. Ms. Davis said they currently have four special needs children with a possibility of one more attending. Denton Affordable Housing Corporation The next presentation was by Sheila Harper, Deputy Director of the Denton Affordable Housing Corporation. She indicated that the proposed budget would assist in acquiring, rehabilitating and selling ten single-family units. She explained the use of funds from each of the categories listed in the program budget including staff and operating costs. Ms. Harper noted that they need assistance with operating costs due to the fact that they could not re-coup all the funds spent on FHA units. Members asked several questions about DAHC and the program: Mr. Touraine asked about monitoring reports and the fact that it appears DAHC is not correcting problems that have been pointed out. Ms. Harper indicated that they administer funds from several organizations that have a variety of rules and procedures to be followed. They are working on correcting any deficiencies. Members discussed the tenant selection policies and the households served by DAHC. Ms. Harper indicated that most of the rental units owned by DAHC are used to assist special needs populations and are rented to MHMR, HOPE households, etc. Only 12 units are leased to the general public. Cathy Tedrick questioned why the rental units are used by other agencies. Ms. Ross pointed out that DAHC does not necessarily do rental projects for the general public. They are usually working with an agency to serve a specific population. Mr. Touraine asked about the board make-up and commented about the lack of minority and low-income members. Ms. Harper responded that they have talked with the board and plan to address this during the next year. Ms. Ross commented that they had only recently begun to use their 2005-06 funding. She asked if they were certain that this request could be spent within the next program year. Ms. Harper explained that they actually have most of the 2005-?06 funds committed. MLK Kitchen Renovation project Cirilo Pedroza and John Whitmore of the Parks and Recreation Department provided information on the MLK Kitchen Renovation project. They noted that the project would bring the kitchen up to Health Department codes and allow for groups to use the kitchen to prepare food for events. Currently, any food brought in has to be completely self-contained. The renovation would create a commercial grade kitchen. It would provide an affordable facility in a low-income neighborhood. Mr. Whitmore noted that the cost estimate was very detailed. Committee members asked about specifics. Mr. Touraine asked if they were going to raise the rental fee for use of the facility. Mr. Pedroza and Mr. Whitmore indicated that this had not been discussed but they did not think rental fees would be increased. Ms. Tedrick asked how the space is currently used. Staff members explained it really wasn?t 49 Page used except for maybe a coffee pot. Ms. Berry asked if the childcare programs serve only pre-packaged food and if they were not able to heat anything up. Mr. Pedroza indicated that this was correct. Walter Eagleton asked if the situation was similar at Denia and Northlake. Mr. Whitmore stated that those facilities do not have kitchens. Ms. Berry asked if the staff would have to monitor the use of the kitchen. Mr. Whitmore indicated that staff would be in the building but would not necessarily be monitoring use of the kitchen. He noted there would be cleaning deposits to ensure the kitchen was properly cared for. Ms. Tedrick asked what PARD would do if they did not receive all requested funding. Mr. Whitmore indicated that he was unsure how much funding could come from other sources. Some additional work may be required and PARD would also have to find the funding for that. Ms. Winn indicated that she thought the materials cost did not seem like enough to do all the work. Staff indicated that they were going to recover cabinetry and use cost efficient methods such as that. Fred Moore Day Nursery School Laura Williams, Executive Director of Fred Moore Day Nursery School gave a presentation regarding the rehabilitation of the Fred Moore facility including the playground and parking lot improvements. The improvements would provide more space for services to infants and toddlers. Fred Moore currently has a waiting list of 36 children. They are one of the few day care facilities and the only sliding scale facility that serves infants. Ms. Williams noted that the Meadows Foundation has said that they would be interested in assisting with the project if Fred Moore was able to obtain other funding. Meadows did not want to be the major funding agency on the project. Ms. Williams noted that Fred Moore has some safety problems related to dropping off and picking up the children. She stated that they need a parking lot with a drive and would like to move the all playground equipment to the north side of the building where the children will have more space. Ms. Williams asked if there were any questions from CDAC members: Ms. Tedrick asked about the number of volunteers serving the day care. Ms. Williams responded that they have 13 UNT volunteers that come in every day and they also have foster grandparents that help. Ms. Tedrick asked about funding other than that from the Meadows Foundation. Ms. Williams indicated that they had also request funding from the Dallas Women?s Foundation for scholarships, the Denton Benefit League will probably assist with doors and windows. Altrusa of North Texas has also adopted Fred Moore and they provide assistance with diapers, baby food, etc. Ms. Berry asked about the architectural design and how thorough the cost estimates were. Ms. Williams explained the design included everything that was needed. She noted that the facility is and will continue to be ADA approved. Ms. Tedrick and Ms. Ross wanted to know the status of the other grants and what would happen if Fred Moore did not get all requested funding. Ms. Williams indicated that they are working on the Peterbuilt and Co-Serve grants and that Meadows stated they would go up to $150,000. Ms. Williams indicated that they have a great need for the two rooms and that they would probably leave off the parking lot????? She added that the main focus of their fundraising is for operations. She noted that they charge 10-15 dollars more per week at City County. At Fred 50 Page Moore, $45 is the minimum and $80 is the highest pay rate The charge is $80 per week for infants. Mr. Touraine asked how many parents are provided with childcare assistance. Ms. Williams responded that 21 to 22 have CCS assistance. She stated that they had more households with assistance but that CCS lost a grant from the United Way and that number has decreased. Ms. Tedrick inquired as to how active the board was in fundraising. Ms. Williams stated that they are doing some new things like a candy sale and solicitation letters. There is also a back-to-school festival in which the board participates. She indicated that most of the funding raised through these efforts goes into operations. Mr. Touraine asked how many of the teachers are certified. Ms. Williams stated that all of the teachers are OK by State standards. To keep their certification, they must have at least 25 hours of early childhood education each year. Five employees have degrees. Ms. Tedrick asked how the agency planned to pay the higher utility bills due to the expansion. Ms. Williams indicated that the agency?s revenues would go up because of the increase in the number of children served. Ms. Williams also explained how the childcare partners with other organizations to teach parenting skills. The facility has monthly parent meetings. There were no more questions. th The members were reminded that the meeting on the 16 would be held in the back meeting room at the Civic Center. The meeting was adjourned 51 Page OFFICIAL MINUTES COMMUNITY DEVELOPMENT ADVISORY COMMITTEE February 16, 2006 Civic Center Meeting Room Members Present: Ron Aldridge, Sandra Benavides, Cassandra Berry, Walter Eagleton, Cathy Tedrick, Edward Touraine, and La Nelle Winn Members Absent: Larry Collister, Maureen Jamail Staff Present: Barbara Ross, Nancy Baker, Alma Espino, Gordon Meredith, Luisa Rodriguez- Garcia Edward Touraine called the meeting to order. Engineering Projects Rebecca Guthrie from the City?s Engineering Department provided a presentation on three applications for funding ? Skinner Street Sewer, Wilson Street Sewer and Mulberry Ave Repave. Ms. Guthrie discussed the Skinner Street Sewer replacement project. She suggested the members look at page seven for a map of area. The project would be from Prairie Street to existing drainage channel. They are requesting $65,000 for the project. The sewer will be upgraded from a six-inch to an eight-inch line. The existing water line will also be replaced using CIP funds. Ms. Guthrie stated that the City would like to do both at the same time. She noted that a six-inch is now considered to be substandard. The Wilson Street Sewer project is from Bushey to Newton. They will also be replacing a six- inch line with an eight-inch. Three manholes will be installed and approximately 1300 feet of sewer line. The project will directly affect 17 households. Ms. Guthrie stated that Engineering is asking for $130,000 for the project. This project will also include a water line constructed using funds from the CIP. Ms. Guthrie then discussed the Mulberry Ave. Repave projects. She noted that they were requesting $64,000 for the project. Cassandra Berry asked about the professional fees on the sewer replacement projects and could they be reduced if both projects were completed at once. Ms. Guthrie stated that the professional fees are for Engineering to design and to monitor the project. She was unsure as to whether the fees would come down if projects were combined due to one project being City employees carrying out the work. Construction costs might be less. Ms. Guthrie discussed that costs are up due to hurricane Mr. Touraine asked if they were going to repave the entire street on the water/sewer project sites. Ms. Guthrie discussed the requirements regarding water and sewer line separation. It could be repaved or patched depending upon how much of the street has to be torn up. 52 Page Ms. Guthrie explained that you don?t replace the existing lines. You would have to bypass pump water and sewer to do that. In some instances sewer is behind the curb and would be moved to the streets. Walter Eagleton asked how Engineering chose these particular projects. Ms. Guthrie explained that representatives from the department attend the public hearing and listen for projects and look at those that might be submitted to CD directly. She noted that they also have lists that the City would like to do that could be in the low/mod area. Cathy Tedrick commented that she saw where it is almost three years before projects are completed. She asked what happens if the committee allocates funds and then the cost goes up. How is it paid for? Ms. Guthrie stated that they work with CD to see if additional funds can be found or they cut back on the original scope of the project. On the Anderson Street project, the Street Department was able to come up with additional funding. Ms. Tedrick asked if there was any citizen input, complaints, etc regarding the need for the proposed projects. Ms.Guthrie was not aware of any complaints. There have been breaks in the sewer lines and everyone is aware of street problems but they are not aware of any specific complaints. Ms. Guthrie noted that they did not receive a lot of citizen input during the past year and at the public hearings. Sandra Benavides asked about the amount of footage on the street project? Ms. Guthrie said she?d get that information to staff. Ms. Benavides noted that the application said that seven homes would be affected but that only two homes were on the street. She added that there is also the funeral home and asked if it was good to put money into a street that only serves two homes. Ms. Guthrie stated that they would like to repave Wood Street and submitted that last year but with the decrease in funding they thought a smaller project would be a better request. Ms. Ross commented that repaving a neighborhood street would serve more than just the residents on that street, it would serve anyone in the neighborhood that uses it. She noted there was additional traffic due to the funeral home location. Home Improvement Program Alma Espino, Housing Programs Specialist, who works with the Home Improvement Program provided a brief presentation on the program. She stated that the request is for $598,000. This estimate is based on the assumption that most projects would be reconstructions rather than rehabilitations. Ms. Espino noted that the program would also do new construction in cases where someone has a vacant lot. This depends on circumstances and if the property owner is currently in substandard or unaffordable housing. Mr. Touraine asked what the difference was between rehab and reconstruction. Ms. Espino explained that reconstruction included the demolition and rebuilding of a home, rehabilitation was work on the existing structure. She stated that participants in the program must have good credit and if not, they have to work with a credit agency to get that in line. They have to show the ability to own and maintain a home, including payment of utilities and taxes. A loan terms 5 ? 20 years depending upon the amount of funds expended on the project. The program addresses code items, overcrowding, deterioration problems and accessible features. Ms. Espino provided the committee with photos of completed projects. She discussed the positive affect that this program has on neighborhoods. The program also provides classes on home maintenance and budgeting to the homeowners. 53 Page Gordon Meredith, Residential Construction Specialist, does a walk through upon completion and staff is planning to do a six-month walk-through and discuss any maintenance issues with the owner. She noted that staff tries to keep clients informed of maintenance issues. Ms. Tedrick asked where houses are located. Ms. Espino stated that were in scattered sites around city. Mr. Touraine asked if the program pays rent for those whose homes are ?reconstructed.? Ms. Espino said no, that these are voluntary relocations and that the families have time to make alternative housing arrangements. It was noted that they usually move in with relatives or rent an inexpensive unit. Mr. Touraine asked about contractors. Ms. Espino explained the bidding process options where either City staff or the owner can obtain bids. The owner chooses the contractor if their bid is within 10% of the cost estimate. All contractors must meet minimum requirements. Mr. Touraine asked if any of the contractors are minorities. Ms. Espino explained how the contractor opportunities are advertised. She noted that they attempt to market to women and minority contractors. Often, insurance requirements make it difficult for small firms to participate. Nancy Baker stated that the contractors also hire minority subcontractors. Ms. Tedrick asked for clarification on the mortgage issue ? if they?ve paid off a mortgage, they now have another one? Also, she asked whether there had been any participants who then could not stay in their home. Ms. Espino and Ms. Ross described the lien that is placed on the property. If clients are very low-income, most of the costs of the rehab/reconstruct are forgiven over the loan term and they are only paying back a small percentage. Ms. Ross indicated that often elderly homeowners pay only 10% of the cost. Ms. Espino stated that this amount would usually be about $32.00 per month. Ms. Espino also explained the process when someone passes away. The income of the heir is taken into consideration and a new payback may be calculated. Minor Repair Program Gordon Meredith, Residential Construction Specialist, who works with Minor Repair Program, gave a presentation on the program. He stated that this is the tenth year of the program and that it fills a very vital niche in our community development program. There is a limit of $5,000 per repair. Examples of repairs are leaking roofs, failing heaters, leaking hot water heaters, etc. He stated that the program allows the City to address items for persons who have to wait for more comprehensive repairs. Mr. Meredith explained the pie chart with project census tract information. In areas with large number of older homes there is usually a need. He noted that the program allows for repairs to mobile homes but only at $2,500. Mr. Meredith commented that the revised program guidelines break funds down into quarterly increments to ensure that some funds are available for all seasons, particularly heating and cooling issues. Mr. Touraine asked if the program could use more funds. Mr. Meredith commented that the program could always use more funds. Ms. Ross explained that since funds are limited staff is careful not to expend too much on the ?Band-Aid? approach of the minor repair program. The real intent of the housing programs is to help families so that they won?t have to keep coming back for assistance and the units can be put in standard condition. Ms. Berry asked if homeowners did not initially need the entire $5,000 could they come back for additional repairs. Mr. Meredith and Ms. Baker explained that the program did not provide $5,000 per unit but this was the maximum that could be spent. They did note however, that there were some instances when something went out a week later, where they would go back. The program limits assistance to one minor repair within a year?s time and no more than three minor repairs per unit. Mr. Eagleton asked how people find out about the program. Mr. Meredith stated it is through word of mouth, CD newsletter, and Charter mentions it on the City?s cable channel, etc. 54 Page Homebuyer Assistance Program Luisa Rodriguez-Garcia, Community Development Coordinator, described the Homebuyer Assistance Program. She stated that it started in 1992 with CDBG funds. The program can use either or both CDBG and HOME. Over the years, the program has assisted 449 families. The number of families assisted per year has been as much as 90 but, things have slowed. Homes have to be in good condition due to the fact that low-income families can?t usually afford a lot of repairs. Last year only 15 families were assisted and so far this year, eight families have applied and have found homes. Ms. Rodriguez-Garcia stated that interest rates have dropped some and business is picking up. She indicated that the program has excess money from last year so the request is smaller than usual. This will allow the City to assist approximately 35 households over the coming year. These funds are supplemented with funds from the Federal Home Loan Bank. Ms. Rodriguez-Garcia provided examples of households that need more than down payment assistance. The program also requires the provision of homebuyer education. A lien is placed on each assisted property based on the forgivable loan term. It was noted that the lien is forgiven if the family lives there for the entire loan term. If the household sells before the end of the term, they will repay the unforgiven portion back to the City. Ms. Berry asked if the program was helping the people from New Orleans. Ms. Rodriguez-Garcia stated that the program has a 12-month residency requirement but it has been waived for Katrina evacuees. Mr. Touraine asked what the maximum amount of assistance was. Ms.Rodriguez-Garcia stated it was $14,900 and with FHLB funds, they can go up to $19,900. The homebuyer must put in some funding. The City?s loan is forgiven at the end of the affordability period. The next meeting date was set for Wednesday, February 22 at 11:30 am. Members discussed the use of the project scoring form. Ms. Ross asked that the form be returned to her by Tuesday. The meeting was adjourned. 55 Page UNOFFICIAL MINUTES COMMUNITY DEVELOPMENT ADVISORY COMMITTEE March 2, 2006 Civic Center Meeting Room Members Present: Sandra Benavides, Walter Eagleton, Cathy Tedrick, Edward Touraine, and LaNelle Winn Members Absent: Ron Aldridge, Cassandra Berry, Larry Collister, and Maureen Jamail Staff Present: Barbara Ross Edward Touraine, chairperson, called the meeting to order. thth The minutes from February 15 and 16 were approved with no corrections. Barbara Ross provided the members with a copy of the final numbers from the scoring sheets completed by CDAC members. Eight committee members completed the scoring sheets giving a higher number to the applications that they felt were the highest priority. The scores for each application are listed below: 5 5 5 3 4 5 5 5 Fred Moore Nursery Improvements 37 5 3 5 4 5 3 5 5 Home Improvement Program 35 4 5 4 5 5 4 4 3 Homebuyer Assistance Program 34 5 2 3 4 5 5 5 4 MLK Kitchen Renovations 33 4 5 3 2 4 4 4 4 DAHC - AHOP 30 4 1 3 4 4 5 3 4 Minor Repair Program 28 3 2 3 5 3 5 2 4 Skinner Street Sewer Replacement 27 3 2 2 5 3 5 2 4 Wilson Street Sewer Replacement 26 3 3 2 2 3 4 2 4 New Generation Playground 23 4 1 1 3 2 5 2 3 Mulberry Ave. Repave21 56 Page Members reviewed the scoring sheet. Fred Moore Day Nursery School received the highest score. Members agreed that the Fred Moore improvement project should receive full funding. Mr. Touraine asked members how they felt about New Generation Childcare. Members discussed concerns about the structure of the organization. It was noted that the organization doesn?t appear to have a ?full board? and also have not developed a budget that details revenues and expenditures. Members also commented that the organization rents it?s current facility and that they had recently moved from St. Andrews Church. Members agreed that they might look at future funding but would like to see a more stable organization with an active board before funding is provided. LaNelle Winn stated that she felt the infrastructure projects were very important. Members discussed the sewer projects and the repaving of Mulberry Street. Ms. Winn also noted that she visited the MLK kitchen and that it was not in good condition. Cathy Tedrick indicated that she had previously assisted with the Kids Unlimited Program and that the kitchen did not work well for that program. Members agreed to fully fund the MLK kitchen renovation. Ms. Tedrick asked to discuss the Home Improvement Program and noted this was the highest level of funding requested by any applicant. Ms. Ross explained that currently, the program primarily carries out ?reconstructions? rather than rehabilitations and that this is why the cost per unit is so high. She noted that a portion of the funding also goes to program soft costs. Ms. Tedrick asked if a reduction would mean that fewer units would be rehabbed/rebuilt. Ms. Ross indicated that this was correct. Ms. Tedrick also noted that the Homebuyer Assistance Program (HAP) had funds left from the previous year. Ms. Ross commented that home sales were slow last year but were already picking up. She added that Ms. Rodriguez-Garcia reduced her request due to the fact that she had funds left from last year. Members agreed that they would not provide full funding for HAP but would allocate the program-related soft costs from CDBG for the program. Mr. Touraine suggested that the Skinner and Wilson Street sewer projects receive full funding. After correction of the funding sheet, members agreed to fund both sewer projects. Ms. Ross reviewed previously funded public improvements and their status. Mr. Touraine suggested that the committee take out the $24,000 of administrative costs that the Denton Affordable Housing Corporation had requested and provide the agency with $140,000 for the Affordable Housing Opportunity Program. Members agreed and DAHC was allocated $140,000 specifically for AHOP. This action left approximately $16,000 to be allocated. Members agreed not to fund the Mulberry Repave project and to put the remaining CDBG funds into the Home Improvement Program. Ms. Winn moved to approve the allocations as stated. Walter Eagleton seconded the motion. The motion was unanimously approved. The recommended allocations are listed below: 57 Page CDBG HOME 2006 FUNDS FUNDS FUNDING APPLICATIONS REQUEST $729,574 $532,076 2COM DEV HOME IMPROVEMENT PROGRAM $598,015$144,109$392,076 HOMEBUYER ASSISTANCE 3COM DEV $109,500$45,000 PROGRAM 4 COM DEV MINOR REPAIR PROGRAM $101,697 $101,700 5 ENGINEERING SKINNER ST. SEWER REPLACEMENT$65,000 $65,000 6 ENGINEERING WILSON ST. SEWER REPLACEMENT $130,000 $130,000 7 ENGINEERING MULBERRY AVE. REPAVE $64,000 $0 PARKS & MLK RECREATION KITCHEN 8$48,765 $48,765 RECR.RENOVATIONS AFFORDABLE HOUSING 9NON-PROFIT$164,000$0$140,000 OPPORTUNITY PROGRAM FRED MOORE DAY NURSERY 10NON-PROFIT$195,000 $195,000 SCHOOL IMPROVEMENTS 11NON-PROFITNEW GENERATION PLAYGROUND $27,091 $0 TOTAL FUNDING RECOMMENDED $1,503,068 $729,574 $532,076 th Ms. Ross told the members that April 18 would probably be the date for the CDAC and the HSAC to present their recommendations to City Council. The public hearing on the Action Plan would also be held that evening at the regular session. She stated she would send out the minutes and ask for corrections and approval via email. The meeting was adjourned. 58 Page OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 8, 2006 Members Present:Teri Rheault, Charles McLain, Steve Pogue, Jodi Vicars-Nance, Mae S. Benford, Mary Tisher, Kami Fletcher, Lilia Bynum Members Absent with Notification: Jan Hillman, Sonja Ball, Dena Claus-Bruton Staff Present: Rachel Ingram, Human Services Coordinator and Barbara Ross, Community Development Administrator On behalf of Chairperson Lilia Bynum, Rachel Ingram called the meeting to order. The HSAC members introduced themselves and stated how long they had served on the committee. Ms. Ingram asked the members which agency scoring sheet they preferred to use. Barbara Ross provided a brief explanation of the process from agency hearings to development of recommendations to City Council. Teri Rheault stated that she preferred the one that allowed you to choose a number score and state ?yes or no? to funding for the agency. Jodi Vicars- Nance and Mae S. Benford also indicated that they preferred the same scoring sheet as Ms. Rheault. Kami Fletcher indicated that she did like the comments section on the other form. Ms. Ingram stated that she could add a comments section to the other form. Teri Rheault moved for acceptance of the form including the number scores. Members voted unanimously to use the form. Members discussed time frame for hearings and amount of time that each agency would have for their presentation and questions. Ms. Ross stated that perhaps with fewer agencies, HSAC might want to give them more than the ten minutes they had last year. Jodi Vicars-Nance stated that she felt ten minutes was sufficient. Mary Tisher reminded the members that the agencies previously had three minutes to make their presentation to the committee. Steve Pogue asked about the hearing process. Ms. Rheault explained the purpose of the hearings and how they were usually handled. Ms. Rheault asked about funding levels. Ms. Ross said that the City was about to begin their budget process but that she had not received any direction regarding human services funding. She did state that CDBG funds allocated to the City were reduced for 2006-07. This would mean about $10,000 less for human services under the CDBG cap. Ms. Ingram stated that staff would provide the committee with a comparison sheet showing funding in previous years. Ms. Fletcher asked if the report to City Council was a written report or a presentation. Ms. Ross indicated that the HSAC chairperson usually did a presentation to City Council at a work session. Lilia Bynum asked when that would occur. Ms. Ross stated that it would be at one of the Council meetings in April. 59 Page Ms. Vicars-Nance again suggested that each agency be given ten minutes. The members agreed. The members discussed potential dates and times for the agency hearings and a meeting to develop their final recommendations. Ms. Ingram indicated that Sonja Ball could not attend meetings during the day. Members agreed to do night meetings. rdthth Meetings were set up for February 23, 28 and March 9. All of the meetings will begin at 6:00 pm. The location will be announced at a later date. Members commented that not everyone would be able to attend all three meetings but these dates are based on when the majority can attend. Ms. Bynum requested a worksheet that allowed members to keep a running tabulation of the funds they are recommending. Ms. Ingram said she?d put it together and get it out to the committee. Ms. Fletcher asked whom to email her comments and questions to if she is not able to make all of the meetings. It was agreed that the questions should be mailed to Ms. Ingram and she would bring these to the committee. Ms. Bynum indicated that HSAC members would make sure they discuss those issues and questions at the hearings. Ms. Ross stated that she would get the meeting dates for the council meetings in April out to the committee. Ms. Bynum asked if there were any further questions or concerns about the process. Ms. Ingram stated that the committee might also want to consider reallocating funding that was previously awarded to the Sickle Cell Disease Association since it appears that they are no longer active. Ms. Bynum stated that the United Way had also stopped funding them. Members agreed they would make a recommendation to reallocate the $2,500 to other agencies. The meeting is adjourned. 60 Page OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 23, 2006 Members Present:Sonja Ball,Mae S. Benford, Dena Bruton-Claus, Lilia Bynum, Kami Fletcher, Jan Hillman, Steve Pogue, Teri Rheault, Mary Tisher, Jodi Vicars-Nance Members Absent with Notification: Charles McLain Staff Present: Barbara Ross, Community Development Administrator AIDS Services of North Texas Suzan Stambaugh and Sam VaQuera of AIDS Services of North Texas stated that they are asking for funds for the nutrition center and unreimbursed medical expenses. Ms. Stambaugh noted that the City of Denton funds have been the backbone of the nutrition center for a long time. She mentioned that the outcome measures for the program are being met. The funds allow them to send patients to specialists. AIDS Services has a contract for reduced fees with various medical practioners. The number of hospital visits has stayed very low. Ms. Stambaugh provided some figures regarding the HIV/AIDS population. More women and youth are being admitted to obtain services. Dena Bruton-Claus asked if clients volunteer. Ms. Stambaugh stated that some do but confidentiality is important and for that reason, not many volunteer on a day-to-day basis. Lilia Bynum and Mae Nell Benford asked where they purchase their food. Ms. Stambaugh stated that they go to Tarrant County Food Bank and buy the meat from Kroger. They try to take advantage of sales, shop at Sack-N-Save, etc. AIDS Services attempts to give the clients as much protein as possible. Ms Benford asked how they get their medication. Ms. Stambaugh said there are federal funds under Ryan White to purchase medications. Deals have been made with manufacturers and medicine is available at reduced prices. Kami Fletcher asked about how sex education is affecting the increase in cases. Members discussed the education issue and how young people were responding to the information provided to them through the schools. SPAN Erica Lissberger and Becky Harral of SPAN discussed their request for funding. Ms. Lissberger thanked the committee for their support over the years. In 2005, 35,000 meals were provided in the City of Denton. More meals will be provided during the coming year. Ms. Lissberger noted that a ?hangar dance? fundraiser was taking place at the airport. She noted that the Board of Directors has asked for a line item for ?operating reserves.? Ms. Lissberger discussed the socialization that occurs at the congregate meals sites and how important this is for seniors. Often, with the home delivered programs the agency finds problems in the homes that need to be addressed. Teri Rheault asked why they didn?t project to assist many additional clients. Ms. Lissberger stated that this was because of budget limitations. Mary Tisher asked Becky Harral to make her comments. Ms. Harral told some stories about staff finding elders in need who were alone in 61 Page their homes. Children?s Advocacy Center of Denton County Dan Leal, Executive Director and LeAnne Breedy of the Children?s Advocacy Center of Denton County Board of Directors were present to answer any questions regarding the agency. Ms. Breedy discussed the District Attorney?s office involvement with the Advocacy Center. She indicated that the Advocacy Center assists the DA?s office by providing assistance to the families and the child. Dan Leal spoke to the therapy program that serves the children. In November of 2004, a therapy programmed opened up here in Denton. Mr. Leal indicated that they have more clients from Denton than from any other City. They are requesting $10,000. Ms. Breedy indicated that the agency does not provide services to the offenders. Ms. Benford asked about the rent. Mr. Leal stated that they pay both rent and utilities at their office. The request is for funds to pay rent. Ms. Rheault noticed that there are two identical requests from the auditor about what to do for the ?in-kind? revenue. Mr. Leal said they were addressing the problem by changing their donor tracking system. RSVP Diana Corona from RSVP introduced herself and discussed the needs of the Retired Senior Volunteer Program. She stated that they were recently able to do some education regarding West Nile Virus since the elderly population is particularly vulnerable. They also assisted with a th disaster drill on August 9. RSVP recruited 236 individuals for the drill. Ms. Corona stated that she felt this was evidence that RSVP can get volunteers when they?re needed. She noted that volunteering increases longevity. Ms. Hillman asked the purpose of the funds. Ms. Corona stated that they are asking for $10,000 to go toward the volunteer placement coordinator for the northern part of the County. The position was not funded in October. Ms. Ross asked about income levels of the volunteers. Ms. Corona stated in most cases they are moderate to low-income but most have to watch their finances carefully. King?s Kids program Cirilo Pedroza, Center Manager, for the City talked about the children?s programs carried out by the Denton Parks and Recreation Department. He described the King?s Kids program. They are requesting approximately $26,000 to serve about 80 children. Kami Fletcher asked if since they weren?t funded this year did they have a program. Mr. Pedroza said that this year there would be some programming but not much. He added that they would serve about 50 kids this summer. Owsley will have 60 kids. Mr. Pedroza stated that more funding has been received for that area. Ms. Rheault asked if other funds have been requested for King?s Kids. Mr. Pedroza noted that since the program began, it was funded with CDBG. Mr. Pedroza stated that the ?Imagine? program was cancelled to provide funding to these programs. Jodi Vicars-Nance asked if the Parks Foundation is doing other types of fundraising. Mr. Pedroza said he was only aware of these funds coming from the Parks Foundation to the summer programs. Ms. Bynum asked if staff could do other fundraising. Mr. Pedroza said they couldn?t ask businesses but could go for grants. Ms. Fletcher asked if they were looking for volunteers to do the programs. Mr. Pedroza 62 Page said they would have some paid staff but would also use volunteers. It was noted that Owsley was a drop-in center. Children can go home if they don?t want to attend the field trips. Ms. Benford asked if there was a waiting list. Mr. Pedroza indicated that they would not be able to serve all the children who want to participate. Owsley Summer Program Mr. Pedroza discussed the Owsley Summer Program. He noted that a problem exists in that the facilities are at least a mile away from where the children live. Ms. Rheault wanted to know if they had asked for more money from the Parks Foundation. Mr. Pedroza stated that it was a good suggestion. Ms. Hillman asked if you could give funds to the Parks Foundation for a specific program. Mr. Pedroza indicated that you could do that. Barbara Ross and Sonja Ball discussed some of the issues and delays concerning the Owsley Community School building. Cumberland Presbyterian Children?s Home Kay Goodman, Board Chair, and Randy Spencer, Executive Director provided some information about the request from Cumberland Presbyterian Children?s Home. Ms. Goodman explained the mission of Cumberland to provide healing and hope to families in need. She talked about the ?Denton? duplex funded partly by the City. Ms. Goodman stated that Cumberland needs the funding to pay part of the salary for a social worker. Mr. Spencer stated that they have increased their capacity to serve ten families. He added that they want to enhance the case management services. But, budgets are tight and they are in need of additional funds for support services. Mr. Spencer and Ms. Goodman talked about the technology center at the campus. They have a grant from Verizon to establish a computer network for the campus. Ms. Fletcher asked if the transitional family could stay longer than one year if needed. Mr. Spencer indicated that they could. He discussed the plans they sit down and create with the family. There may be an outside limit of 18 months as long as they are working on becoming self-sufficient. Ms. Vicars-Nance asked about staff. Mr. Spencer stated that the case manager is now managing the entire program and the number of families has increased, so, they need additional staff. Ms. Goodman talked about the needs that continue to exist for these families and yet funds are not available. Steve Pogue asked about the cash balance that was left in last year?s budget. Mr. Spencer stated that the reserve was spent to serve the families. He noted that they are getting down to the bottom of the reserves. Day Stay for Adults Andre Villarreal of Day Stay for Adults spoke about his application for funding. Mr. Villarreal stated that their main goal is to provide a safe environment for people with disabilities. The care they provide allows caregivers to work or take a break. Family caregivers are saving taxpayers millions of dollars. Day Stay is taking care of both the disabled person and the caregiver. Day Stay allows that family member to stay at home for a longer period of time. Transportation is a problem for the agency because they serve clients all over Denton County. Mr. Villarreal noted that eight board members are from Lewisville. They are looking at building another facility in Lewisville. Dena Bruton-Claus noted that they were licensed for 25. Mr. Villarreal noted that this was an error on the application. He stated that the number should be 59. He also added that though the 63 Page facility is large they would not be able to serve more than 45 persons because of their disabilities. They have a five-year lease and are looking at what they could do at the end of that lease. He stated that they are a licensed facility just like a nursing home. Ms. Rheault asked about the fact that only 60% of clients live in the City but the funding is only for City of Denton residents. Mr. Villarreal stated that this was correct. More clients from outside Denton are coming to the facility. Ms. Benford asked if they participated in the NAACP health fair. Mr. Villarreal stated that they did. Ms. Benford asked what would be the worst-case scenario be if they had 59 clients at the facility. Mr. Villarreal indicated that someone might fall over a wheel chair. Denton Christian Preschool Judy Royal, executive director and Jane Moyna, volunteer staff, told the members about Denton Christian Preschool. Ms. Royal stated that the need has increased over the years since the agency?s inception. She provided some information that is not included in the quarterly reports provided to the City. She mentioned that some of the families are involved with Child Protective Services. Other families are also involved with law enforcement agencies. Ms. Moyna stated that they used some projections from DISD regarding families in need. There are over 1,000 children that are in need of any early intervention program. Denton Christian Preschool is serving 62 of these. Kami Fletcher asked about the fact that they are a Christian-based school and how does that limit the population that they serve. Ms. Royal stated that the name came from the 17 churches that came together and started the school. However, she added, they serve anyone and the name is not intended to limit the children that are served. Many of the families served have no church affiliation. Ms. Fletcher asked for the number of children that don?t attend church. Ms. Royal indicates that they do not ask that question. Sometimes you can tell from what the children say. It was noted that none of their curriculum was religion-based. Ms. Benford asked about their use of volunteers. Ms. Royal said that they have volunteers from UNT and other volunteers that assist. Ms. Rheault asked about funding and what the organization does to obtain funds. Ms. Moyna stated that they have fundraisers and continue to try to expand those activities. It was noted that they have two sessions ? morning and afternoon. Denton City County Day School Carolyn Berry, executive director, Denton City County Day School, stated that she has been with the school six years. She stated that they have increased enrollment from 66 to 74 children. In the summer they now offer a child care program for children five to eight. Ms. Berry stated that they have completed a gymnasium - now the children can play in bad weather. She noted that they have seen growth in their bilingual classroom. There is a waiting list for that classroom. They serve 88 ? 90 children from Denton per year. Ms. Fletcher asked how the $36,000 would be spent. Ms. Berry stated that the funds would help pay the salaries for two teachers. Ms. Benford asked if there was a nurse on staff. Ms. Berry stated no, but that all staff members are certified in CPR techniques. HOPE Inc. Barbara Atkins, executive director, HOPE Inc. discussed the need for the Transitional Housing 64 Page Program. She stated that HOPE has been serving homeless and potentially homeless families for 20 years. The Transitional Program serves families for one to two years. She noted that the numbers in the program are small. It is a very intensive program and is long term. It will be 95% to 100% female head-of-households. Ms. Atkins commented that there were another 70 families that HOPE could have served but didn?t have the resources. Ms. Fletcher asked how important are the volunteers and did they have training. Ms. Atkins said that the volunteers they use are ?behind the scenes? volunteers. They do baskets, work on getting clothes, etc. They hope to use volunteers to do some financial counseling. Volunteers also have confidentiality training. Homeless Management Information System Ms. Atkins then discussed the HMIS request. She stated that she chairs the Steering Committee for the Denton County Homeless Coalition that oversees the HMIS program. Ms. Atkins noted that two local agencies received $565,000. These agencies wouldn?t be able to apply for this funding if they didn?t participate in an HMIS system. Other agencies may also want to apply for funding. The City of Denton participates by being the funding agent. Ms. Atkins described the agencies that are participating in the HMIS. She stated that they want to bring in other agencies that have needs for data. The database has the capacity for sharing. Ms. Atkins explained that there is a lot involved in maintaining confidentiality for clients. The system is there to capture data not infringe upon people?s privacy. Ms. Fletcher asked about HUD funding for personnel. Ms. Atkins stated that there is a match requirement and that?s what these funds are used. th Members agreed to set the next meeting for March 9 at 6:00 pm. Ms. Ross stated that she and Ms. Ingram would get back to them on the location. The meeting was adjourned. 65 Page OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 28, 2006 Members Present:Sonja Ball,Mae S. Benford, Dena Bruton-Claus, Lilia Bynum, Jan Hillman, Steve Pogue, Mary Tisher, Jodi Vicars-Nance Members Absent with Notification: Teri Rheault, Kami Fletcher, Charles McLain Staff Present: Barbara Ross, Community Development Administrator Rachel Ingram, Human Services Coordinator 1. Toni Johnson-Simpson, Executive Director, Denton Co. Friends of the Family (FOF): addressed the organizational mission and need for additional funds as resources decrease. The committee asked about increase in units of services and average number of volunteers per month and total number of volunteer hours per month listed in application. Staff asked why federal funds were cut considerably. Ms. Johnson-Simpson stated increase in services was attributed to both the increased reporting of domestic abuse/assaults and improved awareness of FOF services. FOF stresses group counseling to overcome isolation of victims. Ms. Johnson-Simpson stated the average number of monthly volunteer hours was high because it included intern hours. Decreased dollars from the federal level was for the entire DFW area. 2.: Lillian Ewagata, Director of Mental Health Denton County MHMR ? Sierra Program Services, stated the program helps individuals involved in the criminal justice system. Ms. Ewagata provided copies of the 2005 audit, which was unavailable when the application was submitted. The committee asked about preventative measures taken to keep clients out of jail, MHMR affiliation with University Behavioral Health Clinic (UBHC), available assistance for clients without insurance at UBHC, the vacancy of the SIERRA program position, decrease in units, and use of volunteers in SIERRA program. Ms. Ewagata?s responded as follows: Program provides case management, rehabilitation, and social skills development to help prevent additional incarceration. UBHC is a blessing and resource to have in the community. As many clients without insurance are assisted as possible at UBHC. The vacancy was open for about two months because of difficulty finding a person with the appropriate experience, passion for the work, and ability/desire to visit clients in jail. The units of service are down due to the vacancy. The position is a full-time position and will work with volunteers. 3.: Fran Moore, Executive Director, and Janna Marshall, Board Family Resource Center President, were present. Ms. Moore stated the agency would be changing its name to Family Resource Center of North Texas as recommended by its advisory council. Ms. Moore stated the old name limited grant opportunities south of the lake and in the other North Texas counties the agency serves. The agency will now have the ability to go after funding from a broader base and other municipalities. They now have a strong advisory council as they move forward in serving more families. Members of advisory have pre-existing ties with the 66 Page agency. 4.: Traci Laxton, Executive Director, and James Kirkpatrick, Fairhaven Retirement Home Board President, were present. Ms. Laxton stated the organization has been in Denton for 50 years offering affordable, safe, and clean housing for seniors. No medical services are offered. The requested funding would pay for a housekeeper to do the strenuous cleaning. Committee asked about food services, costs to residents, volunteers. Food services are provided and the resident costs are based on income and a sliding scale. Residents who have lived at Fairhaven for an extended period receive grandfathered rates. House cleaning is done twice per month for each resident. City of Denton amended its 04-05 agreement with Fairhaven at the request of Fairhaven. Ms. Laxton stated the amendment was needed due to the loss of several residents who had serious health needs and needed to be placed in assisted living facilities. Occupancy is at 30 with a net gain of 12 new residents this past year. Staff and board hope to continue momentum. Board president stated there are several reasons why the agency has not been at capacity. It is older facility and had several residents that should not have been present at Fairhaven. The market is different than 25 and 50 years ago. Volunteers assist with maintaining the plant grounds, sing alongs, game facilitation, and transporting residents. Fairhaven uses RSVP volunteers to assist with transportation. Fairhaven relies heavily on volunteers due to the small size of staff. 5.: Patrice Capan, Exec. Director & Clinical Nurse Specialist, Family Health Care (FHC) discussed history and diversity of funding. OBGYN and limited male services are offered. FHC currently has 248 pregnant women and a bilingual staff. The agency accepts private insurances and offers a sliding scale for payment. FHC serves Denton County and due to word of mouth residents from Oklahoma, McKinney and Decatur come for services. Committee asked why growth of prenatal care not present in application, about the acceptance of undocumented clients, and about the auditors note that more than one person should handle finances. Ms. Capan stated growth with prenatal care is not presented in the application because of the limited funding availability and cuts. FHC accepts undocumented clients. When auditor note was made FHC only had three staff members, which made it difficult to have only one person handle finances. They have now addressed the auditor?s note with the increase of staff. FHC receives funding from United Way donations, but is not a United Way agency. About 88% of 248 pregnant women are Hispanic. 6.: Laura Williams, Executive Director, stated Fred Moore focuses on Fred Moore Day School providing low-income families with affordable fees and a sliding scale. Fred Moore is currently at capacity and offers a summer program including school holidays for school-age children. Fred seeks to maintain the quality of teachers. Literacy and curriculum are important. Ms. Williams stated the key is educating and not just operating as a nursery. All age groups are tested for motor skills for age- appropriate advances. Children headed toward kindergarten are evaluated on preparation skills. 7.: Ed Ellis, Treasurer, stated Denton Community Food Denton Community Food Center Center began in 1974 and is made-up of only volunteers. Mr. Ellis stated the food center serves as a conduit of community services and serves more families in need each year. The food center has not requested more than $3,000 per year for utilities, which do not exceed 67 Page $3,000. Funding awarded has not been $3,000 in the past. The committee asked about any audits later than 2003. Mr. Ellis stated a UNT adjunct professor would have her class conduct the audit in the past. The board knows the importance of an audit and plans to have an audit done this year. Jan Hillman suggested contacting another UNT or TWU professor that may be willing to donate his/her time in conducting the audit. 8.: Don Louis, Board Member, stated the Owsley Community Owsley Community School School provides four programs with youth-targeted programs making up three of the programs. The school began in 2000 with music programs. Work-study and graduate students are used to help educate students. Highland Baptist Church is the temporary site for the program. Fifty percent come from Calhoun Middle School. At 3:30 p.m., students begin homework with structured activities following. The committee asked about the City?s recommendation for an independent audit. Mr. Louis responded that an independent audit was done and he would provide copies to staff in the morning to distribute to the committee. Mr. Louis stated the audit reflects 2003 and was not included in the application as an oversight. Mr. Lewis stated finding alternative long term funding sources has been difficult. Committee asked about the status of the permanent location. Mr. Lewis stated there had been some legal issues concerning City ownership of the property. Mr. Lewis stated in his opinion the board lacks the skills to know how to maneuver through City bureaucracy. They are moving forward and plan to have a new facility very soon. : Sonja Committee Discussion Ball provided additional information on the Owsley property status at the request of the committee. Ms. Ball stated not having a long-term site has been a significant road block to getting students to the current location. Permit issues have delayed the process. A volunteer helped with getting the permit, but is no longer available. There is only one part-time employee who works with students and does not have the time and expertise to assist in the other parts of the process involving the building. The organization working with children has to have insurance not the church. Ms. Ball stated they have a building. The problem is getting the building on the lot and getting the lot prepared. Ms. Ball stated the Owsley Community School serves a lot of children when it is fully operational. 9.: Mary Gwinner, Program Director, and Jim Barton, Co-Founder, were Riding Unlimited present. Ms. Gwinner read Mr. Barton?s statement. Mr. Barton was a participant in many programs as a child living with cerebral palsy and wrote the Riding Unlimited program is unique as it is a microcosm of life, helps participants deal with life in a controlled environment, and teach life skills. The Committee asked how was Riding Unlimited different than Spirit Horse and how many scholarships will the requested amount provide. Committee also asked if participants return year after year, if there was a waiting list, what was the age range of participants, and how are volunteers used. Ms. Gwinner stated Riding Unlimited is the only horsemanship and carriage driving therapeutic program accredited by NARD in the area. Riding Unlimited hosts the area special Olympics? equestrian event. The funding will provide three full year students or more than three partial scholarships depending on the need. Students return year after year. Riding Unlimited is close to having a waiting list, but at the time they are able to offer services to all interested parties. The youngest participant was two years old and the oldest was 81. They have junior volunteers ages 11-14 and volunteers 14 & up who work with the classes. 68 Page 10.: Kathy Schaeffer, Program Manager, was present. The City of Denton ? Parks - ASAS ASAS program has been run for 22 years. They pick up 12 schools, approximately 95 children. Ms. Schaeffer stated the participants are overflow kids who can?t get into the DISD afterschool program. The ASAS program offers sports and activities. Committee asked does the ASAS lose children as DISD spots become available. Ms. Schaeffer stated ASAS may sometimes lose kids when an opening in DISD program becomes available, especially if the children reside far from the Denia Center. The children and parents are usually happy with the ASAS program and sometimes those who leave may return because they like the program better. Sixty-three percent of the students are below poverty level. There are no general funds involved in salaries for the programs. Some outside fundraising is done to help with scholarships. Program is a 10-month program. 11.: Sherri Gideon, Executive Director, has been with CASA about 6 years. Ms. Gideon CASA stated she has witnessed the agency grow enormously. The board desires to place structure in to accommodate the growth. The agency struggles with the decision of serving 100% of the children due to the limitations of the agency?s current structure. Currently, CASA is taking the cases with the most urgent needs. Establishing more efficient systems is priority before bringing in additional staff positions. The Committee asked if CASA still expected the same numbers of clients as listed on the application due to them no longer accepting 100% of the children appointed. Ms. Gideon stated they are still expecting the same number of clients as placed on the application. : Recommendation will probably go before council on April 18. Staff Committee Discussion will confirm the amount of CDBG funds available for Human Services. The amount of the City?s general funds for Human Services is not known at this time. Committee asked should they stay within last year?s budget. Barbara Ross stressed the committee was council appointed and staff should not make suggestions on committee decisions. Sonja Ball suggested having the scoring sheet formatted with form fields. Rachel Ingram will work on this for next year. Lilia asked what kind of recommendation presentation she needed to prepare. Barbara stated staff would put together a presentation and Ms. Bynum could use what she felt was needed. Meeting adjourned at 8:50 p.m. Next meeting is scheduled Thursday, March 9, 2006, at 6:30 p.m. to 9:00 p.m. 69 Page OFFICIAL MINUTES HUMAN SERVICES ADVISORY COMMITTEE MARCH 9, 2006 Members Present: Lilia Bynum; Kami Fletcher; Jan Hillman; Steve Pogue; Teri Rheault; Mary Tisher; Jodi Vicars-Nance Members Absent: Sonja Ball; Mae Nell Benford; Dena Bruton-Claus Staff Present: Rachel Ingram; Barbara Ross Lilia Bynum, chairperson called the meeting to order. Members reviewed the minutes of February thrdthth 8, 23 and 28. A correction was made to the minutes of February 28. Each set of minutes was approved unanimously. Rachel Ingram explained the tabulation of the committee member?s scoring sheets. Members discussed the limited funding that was available for human services. It was noted that the CDBG cap for public services was down to $133,566 due to a reduction in the City?s 2006 CDBG allocation. Members reviewed their scores for each program and discussed funding levels. AIDS Services had proposed funding of $8,562 according to the scoring sheets. Members felt that this amount was appropriate. It was noted that AIDS Services has four offices in the area and does an excellent job of fundraising.AIDS Services amount was set at $8,500. CASA requested $10,000 last year and received $5,000. Members agreed to increase the CASA award to $7,000. Ms. Tisher suggested that the Children?s Advocacy Center award remain at $6,000. Members discussed that this would be a significant funding cut. Members agreed to fund the agency at $7,000. Members looked at the After School Action Site program. It was noted that they received no funding last year. Ms. Hillman and Ms. Rheault stated that the program should request their funding from the Parks Foundation. Ms. Vicars-Nance stated that the program seems to get turned down by the City when the request is submitted as a supplemental budget package. Ms. Fletcher indicated that she felt the programs should receive some funding. Members continued the discussion regarding Parks programming. King?s Kids was also not funded last year. Ms. Fletcher stated that the Parks was asking for funding for three programs and asked if perhaps the committee would want to recommend funding for at least one of these programs. Ms. Vicars-Nance asked if there would be a program if staff is not able to raise private funds. Ms. Bynum stated her concern that these types of programs are important to the community and funding should be considered. Members agreed to revisit the Parks programs. 70 Page Members looked at funding for Cumberland Presbyterian Children?s Home. Ms. Hillman noted that the organization had a good board that should be able to bring in some additional funding. It was noted that the funds would be used for a case manager. Ms. Tisher commented that she thought the program was very important. Members agreed but felt that the organization had significant resources and could raise the funding through other methods. Members requested that next year the applications include a question regarding what the organization would do if they did not receive City funding. Members agreed that the day care programs were very important and needed to be funded. It was noted that last year, all three day care providers were awarded $22,000. Members discussed the fact that City County and Fred Moore are the only full-service sliding scale day cares in Denton County. Members allocated $22,000 to Denton Christian Preschool. Community Food Center ? Members agreed to fund the program at $3,000. Denton County Friends of the Family had the highest score on the committee members? compiled scores for need of service. Ms. Vicars-Nance stated that their federal grant amount continues to decrease. Members agreed to include $23,000 in funding for the agency. Homeless Management Information System ? Members agreed that the development and maintenance of this system is necessary to allow Denton County to continue to receive Federal and State homeless funding. The members allocated $18,000. Jan Hillman had to leave at this time. Members noted that the Family Resource Center and MHMR did not have a score that was over 80 points under the need for service category. It was determined that they would come back to these after reviewing those organizations that scored over 80. Family Health Care provides services for indigent pregnant women. Members set aside $23,000 for the organization. Members discussed Fred Moore Day Care. Ms. Ross stated that the Community Development Advisory Committee is recommending $195,000 be awarded to Fred Moore Child Care for expansion and improvements to the facility. Members agreed to set the funding for Fred Moore at $27,000. Denton City County Day Care?s funding was set at $25,000. HOPE, Inc. was discussed. Ms. Bynum stated that $17,000 was the average award amount on the scoring sheets. It was noted that they received $20,000 last year. Members agreed to fund HOPE at last year?s level of $20,000. 71 Page Owsley Community School received $10,000 last year. Ms. Tisher stated that this is the program where they teach students how to play musical instruments. She added that the program would increase the children?s ?sense of worth.? Ms. Ingram pointed out that the Owsley audit had been mailed out to the members. Ms. Vicars-Nance stated that the City funding would go to fund Debbie Wren?s position. Ms. Tisher suggested that they fund the organization for $8,000. Ms. Rheault told the committee not to worry about Riding Unlimited, that she would assist them with fundraising. Members agreed to fund RSVP at $8,000 and SPAN?s meals program at $17,000 Members then returned to the Family Resource Center. Ms. Rheault suggested that they be awarded $5,000. Ms. Vicars-Nance pointed out the various programs that they carry out including the Teddy Bear Cottage, parenting classes, car seat safety. She also stated that they had bilingual people on staff. Fairhaven?s request for homemaker funds was discussed. Ms. Ingram stated that they were requesting about $300 per unit. They currently have $2,000 left from previous year funding. Ms. Tisher commented on the importance of Fairhaven and the services they provide. Ms. Vicars-Nance stated that she believed that Fairhaven would assist these residents with housekeeping regardless of whether or not City funding is allocated. Ms. Rheault agreed. Members agreed to request that the $2,500 allocated to the Sickle Cell Disease Association, which is not being used by that organization, be reallocated to Denton Christian Preschool for their use on current year expenditures. Looking back at the funding amounts, members agreed to fund Day Stay for Adults at $4,300. The Parks programs were also discussed. Mr. Pogue suggested that perhaps the remaining funds could be split between the summer programs. Members also discussed whether they wanted to provide additional funding to AIDS Services. It was agreed that $5,000 would be allocated to each of the Parks and Recreation summer playground programs (King?s Kids and Owsley). It was noted that these awards would push the general fund budget over last year?s budget by $1,234. Ms. Tisher discussed the need for the committee members to monitor the agencies and their use of funding. Ms. Bynum responded that staff monitors the agencies on a regular basis. Members were encouraged to visit agencies. Ms. Rheault made a motion to accept the budget recommendations. Ms. Fletcher seconded the motion. The motion passed ? five in favor and one opposed. Ms. Ross and Ms. Ingram stated that the recommendations would be presented to Council on April th at the Council work session. A public hearing on the City?s 18 2006 Action Plan for Housing and th would take place at the regular Council meeting on April 18. HSAC?s Community Development recommendations will be included in the . A chart with recommended funding amounts Action Plan is attached. 72 Page 73 Page AGENDA INFORMATION SHEET April 18, 2006 AGENDA DATE: Finance DEPARTMENT: Jon Fortune ACM: SUBJECT Consider approval of a resolution of the City of Denton, Texas authorizing the Public Utility Commission of Texas to set the access line rate at the new CPI-Adjusted Maximum rate to be paid to the City by Certificated Telecommunications Providers pursuant to Chapter 283 of the Texas Local Government Code (?HB 1777?); Authorizing the City Manager to accept future Public Utility Commission access line rate adjustments; and providing an effective date. BACKGROUND In Texas, most cities are compensated for the use of the public right-of-way by Certified Telecommunication Providers (CTPs) using access line rates. These rates are monthly fees paid by residential, business and point-to-point customers to CTPs, who in turn, compensate the City. Pursuant to Chapter283 of the Local Government Code (or House Bill 1777), the PUC is required to adjust the maximum access line rates for the City by an amount equal to one half the annual change in the Consumer Price Index (CPI) for the year 2005. Based on information obtained from the Federal Bureau of Labor Statistics, the PUC has determined that one half the annual change in CPI for 2005 is 1.80%. If a city desires to reject the increase in access line rates, it must respond by April 30, 2006. The city must indicate its desired rates, which cannot exceed the new CPI-Adjusted Maximum rate. RECOMMENDATIONS Staff recommends approval of the resolution and approval to forward the resolution to the Public Utility Commission of Texas as required by State Law. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 6, 2005, City Council approved a resolution authorizing the City Manager or his designee to inform the Public Utility Commission, by sending a copy of the resolution, that access line rates should be set at the new CIP-Adjusted Maximum rate to be implemented no later than July 1, 2005. On April 6, 2004, City Council approved a resolution authorizing the City Manager or his designee to inform the Public Utility Commission, by sending a copy of the resolution, that access line rates should be set at the new CIP-Adjusted Maximum rate to be implemented no later than July 1, 2004. Agenda Information Sheet April 18, 2006 Page 2 On April 1, 2003, City Council approved a resolution authorizing the City Manager or his designee to inform the Public Utility Commission, by sending a copy of the resolution, that access line rates should be set at the new CIP-Adjusted Maximum rate to be implemented no later than July 1, 2003. On April 9, 2002, City Council approved a resolution authorizing the City Manager or his designee to sign and transmit the authorization form to the Public Utility Commission to set the access line rates at the new CPI-Adjusted Maximum rate to be implemented no later than July 1, 2002. On March 28, 2000, City Council approved a resolution authorizing the Public Utility Commission to calculate the access line rates the City of Denton is authorized to charge Certificated Telecommunication Providers for use of its rights-of-way and exempting Lifeline customers from the access line fees. On November 16, 1999, City Council approved a resolution authorizing the Public Utility Commission to calculate access line rates and the allocation due to the City of Denton. FISCAL INFORMATION The franchise fee revenue is the specific budgeted revenue item that is affected. The following changes are with the PUC adjustment for CPI: Current Proposed AccessLineRateAccess Line Rate Category 1 (Residential) $1.42$1.45 Category 2 (Business) $3.26$3.32 Category 3 (Point-to-Point)$4.95$5.04 EXHIBITS PUC Notice of Line Rates Increase Resolution Respectfullysubmitted: DianaG.Ortiz ChiefFinancialOfficer L:\Our Documents\Resolutions\06\PUC adjusted Rate Resolution.doc RESOLUTION NO. __________ A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE PUBLIC UTILITY COMMISSION OF TEXAS TO SET THE ACCESS LINE RATE AT THE NEW CPI- ADJUSTED MAXIMUM RATE TO BE PAID TO THE CITY BY CERTIFICATED TELECOMMUNICATIONS PROVIDERS PURSUANT TO CHAPTER 283 OF THE TEXAS LOCAL GOVERNMENT CODE (?HB 1777?); AUTHORIZING THE CITY MANAGER TO ACCEPT FUTURE PUBLIC UTILITY COMMISSION ACCESS LINE RATE ADJUSTMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, HB 1777, Chapter 283 of the Texas Local Government Code (?Code?), established a uniform method for calculating telecommunications franchise compensation paid to municipalities by using access lines and allocating a rate per category of access line; and WHEREAS, the Public Utility Commission of Texas (PUC) has requested the City of Denton to elect if it desires to set the access line rate at the current allocation formula of $1.42 for residential access lines, $3.26 for non-residential access lines and $4.95 for point-to-point access lines or to set the access line rate at the new CPI-adjusted Maximum Rate of $1.45 for residential access lines, $3.32 for non-residential access lines and $5.04 for point-to-point access lines; and WHEREAS, the City Council finds that the access line rate should be set at the new CPI- adjusted Maximum Rate in order for the City of Denton to be fully compensated for the use of the right-of-ways by Certificated Telecommunications Providers; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager or his designee is authorized to inform the Public Utility Commission by sending a copy of this Resolution to the PUC notifying the PUC pursuant to state law that the access line rate should be set at the new CPI-adjusted Maximum Rate of $1.45 for residential access lines, $3.32 for non-residential access lines and $5.04 for point-to-point access lines in order for the City of Denton to be fully compensated for the use of the right-of-ways by Certificated Telecommunications Providers. SECTION 3. The City Manager or his designee is delegated the authority and authorized to accept future PUC adjustments of access line rates under chapter 283 of the Texas Local Government Code without the necessity of further City Council action and to exercise all rights and duties of the City of Denton concerning such access line rate adjustments. SECTION 4. This Resolution shall become effective immediately upon its passage and approval by the City Council. AGENDA INFORMATION SHEET April 18, 2006 AGENDA DATE: Parks and Recreation DEPARTMENT: Howard Martin, 349-8232 CM: SUBJECT Consider approval of a resolution allowing Mi Casita Restaurant to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 6, 2006, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Parks, Recreation and Beautification Board recommended approval with a vote of 4-0. BACKGROUND The Cinco de Mayo Committee, made up of community volunteers and City staff voted for the ninth consecutive year to support the sale of alcohol at the event, allowing Mi Casita Restaurant to be the sole proprietor of this product. Mi Casita Restaurant will be responsible for rental of the booth space, obtaining the temporary license, and securing the temporary permit. The annual Cinco de Mayo Celebration event is a Hispanic cultural festival, co-sponsored by the City of Denton Parks and Recreation Department. It is held in Civic Center Park and includes a parade, local vendors, children's activities, and entertainment. The free daytime event runs from 10:00 a.m. - 6:00 p.m. and will be followed with a public dance from 8:00 p.m. ? 12:00 p.m. The event continues to experience growth each year in community participation through local vendors and entertainment. Last year's event hosted around 12,000 participants with 60vendors and two entertainment stages. This would be the ninth year that alcohol will be sold at this event. There have not been any security issues at the previous events. This year Ben E. Keith, DATCU, Denton County Republican Party, and the Greater Denton Arts Council are the major community sponsors. RECOMMENDATION Staff recommends approval of the ordinance and agreement as submitted, which is consistent with agreements with other co-sponsored events, such as the Denton Arts & Jazz Festival. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Parks, Recreation and Beautification Board recommended approval with a vote of. 4-0 FISCAL INFORMATION None. : Exhibits 1. Proposed Resolution 2. Letter of Request from Mi Casita 3. Civic Center Agreement 4. Park, Recreation and Advisory Board Minutes of April 3, 2006 Janet Fitzgerald Director of Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator Exhibit 2 Exhibit 1 Exhibit 3 DRAFT Parks, Recreation and Beautification Board Minutes April 3, 2006 Members present: Geri Aschenbrenner, Teresa Andress, Patrice Lyke, and Jo Kuhn. Members absent: Ross Richardson and Reginald Heard. Chairman Teresa Andress called the meeting to order at 6:00 p.m. Awards and Recognition - None Approvals of Minutes of March 6, 2006 ? Minutes were approved as distributed. ACTION ITEMS ? Janet reviewed the Public Art Policy that had been discussed at the March board Public Art Policy meeting. The draft policy under Section V Funding ? Public Funding reads, ? Annually, commencing with program year 2007, at least 2.4% of the total Hotel Occupancy Tax revenues will .? Janet said it had be allocated for public arts projects as allowed under Texas Tax Code 351.103 c been recommended to change the policy wording from ?can? to ?will?. Jo expressed her concerns that the committee proposed the policy as worded and recommended the policy not changed from ?will? to ?can?. ACTION: Jo made a motion to recommend approval of the Public Art Policy as drafted with the wording ?will? and support of an ordinance, which establish the Public Art Committee as an advisory committee of the Parks, Recreation and Beautification Board. Patrice seconded the motion and it was approved with a vote of 4-0. ? Janet said the Cinco de Mayo is requesting to sale Request to Sale Alcohol at Cinco de Mayo alcohol at the Cinco de Mayo Celebration as they had in previous years. The event is to be held in Civic Center Park on May 6, 2006. Geri asked if proper security would be at the event. Janet said yes and that there haven?t been any security issues at the previous events and that the same level of security will be provided at this year?s event. ACTION: Geri made a motion to approve the Cinco de Mayo request to sale alcohol in the Civic Center Park on May 6, 2006. Patrice seconded the motion and it was approved with a vote of 4-0. ? Janet said the Summer Food Program began in 1992 and is Summer Food Lunch Program funded by a federal grant program. The Summer Food Service Program has 16 locations and in 2005, there were 34,201 lunches served at a cost of $85,655. ACTION: Patrice made a motion to support the Summer Food Service Program and Geri seconded the motion. The motion was approved with a vote of 4-0. Exhibit 4 DRAFT ? Bob said the Board is being asked to consider Resolution of Support for STEP Projects adoption of a resolution of support for the submission of a Statewide Transportation Enhancement Program (STEP) grant applications to TXDOT to provide improved pedestrian/bike infrastructure and enhanced streetscapes adjacent to the proposed Downtown Multi-Modal Station, Hickory Street Corridor and Arts Walk and the Denton Branch Rail Trail Bridgesfor two bridges over Pecan Creek and Loop 288 on the Denton Branch Rail Trail. ACTION: Geri made a motion to support the resolution of support for the STEP projects and Jo seconded the motion. The motion was passed with a vote of 4-0. DISCUSSION ITEMS th ? Janet said that at the January 10 Committee on the Environment Ed Soph was Eureka Signage asked to work with Dr. Kenny Banks, of the City of Denton, on making changes to the signage and website on the Eureka Playground at South Lakes Park. The Board discussed existing signs and staff reviewed the wording. The Board came to a consensus that the existing signs and website information was adequate and would not recommend any changes at this time. DIRECTOR?S REPORT Project Status Report ? Bob said the pool enhancement bids were too high and it Civic Center Pool Enhancements will be re-bid in May. Construction is anticipated to begin as soon as the pool closes in the fall. ? Bob announced that an anonymous donation for a Clear Creek Natural Heritage Area matching grant has been made in the amount of $100,000 to construct a program and maintenance building and hat $100,000 in CIP funds will be moved forward for design and infrastructure construction. ? There were no questions on the distributed report. Bob reminded the Keep Denton Beautiful Board that the Redbud Festival is this weekend on the Courthouse on the Square lawn. th Bob informed the Board that the Dog Park dedication is scheduled for May 8. He asked the board if they would like a tour of the Dog Park, Rail Trail and the Clear Creek Heritage Area. The board said they would like a tour and asked staff to poll the board for a convenient date. There being no further business, the meeting was adjourned at 6:50 p.m. AGENDA INFORMATION SHEET April 18, 2006 Questions concerning this AGENDA DATE: acquisition may be directed Materials Management to Sharon Mays 349-8487 DEPARTMENT: Jon Fortune ACM: SUBJECT Consider adoption of an Ordinance acceptingcompetitive bids and awarding a contract for Distribution Gang Operated Air Brake Switches for Denton Municipal Electric providing for the expenditure of funds therefor; and providing an effective date (Bid 3475?Distribution GOAB Switches awarded to the lowest responsible bidder meeting specifications, Hughes Supply, in the annual estimated amount of $46,183). The Public Utilities Board recommends approval (6-0). BID INFORMATION This bid is for the annual contract to supply Distribution Gang Operated Air Switches (GOAB) for Denton Municipal Electric (DME). This bid will supply both horizontaland vertical mounted GOAB switches that DME requires. DME cannot construct nor maintain overhead three-phase electric facilities that provide electric service to overhead and underground commercial and industrial customers without the purchase of GOAB switches. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its April 10, 2006 meeting. RECOMMENDATION Award to Hughes Supply in the estimated annual amount of $46,183. PRINCIPAL PLACE OF BUSINESS Hughes Supply Corinth, TX ESTIMATED SCHEDULE OF PROJECT This price agreement will be in effect for a period of eighteen months from the date of award and may be extended for additional one-year periods if agreed to by both parties, with all pricing, terms and conditions remaining the same. Agenda Information Sheet April 18, 2006 Page 2 FISCAL INFORMATION This item 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-AIS-Bid 3475 ORDINANCENO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DISTRIBUTION GANG OPERATED AIR BRAKE SWITCHES FOR DENTON MUNICIPAL ELECTRIC PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3475?DISTRIBUTION GOAB SWITCHES AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATIONS, HUGHES SUPPLY, IN THE ANNUAL ESTIMATED AMOUNT OF $46,183). 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 therefor; 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: BIDITEM NUMBER NOVENDORAMOUNT 3475 1- 7Hughes 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. Should the City and the winning bidder(s) 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 a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSEDANDAPPROVEDthis dayof, 2006. _____________ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 3-ORD-BID 3475 Exhibit A Bid # 3475 Date: 3/21/06 TWO-YEAR CONTRACT FOR DISTRIBUTION GOAB SWITCHES Est. ITEMStock #DESCRIPTIONVENDOR Qty. Hughes Supply Corinth, TX Principle Place of Business: Horizontal Mounted Vector, 25kV, 3 phase Steel Crossarm GOAB 11228586250Switch, Horizontal Mount Bridges # DE973X-$2,239.00 31A Vector, 25kV, 3phase Fiberglass Crossarm GOAB 22NA$2,397.00 Switch, Bridges # DE973XF-31A 25kV, 3phase Fiberglass Crossarm GOAB Switch, S & 32NA$2,524.00 C 147443r2-A2-ED-701R2S2 Vertical Mounted Topper, Riser, 15kV, 3phase, GOAB Switch, Vertical 4128586180$2,313.00 Mount, Bridges # DE1272V-31A Vector, Vertical (Cable Riser) 25kV, 3phase Steel 51NA$2,239.00 Crossarm GOAB Switch, Bridges # DE973V-31A 61NA$2,397.00 Vector, Vertical (Cable Riser) 25kV 3phase Fiberglass Crossarm GOAB Switch, Bridges # DE973VF-31A 71NA$2,524.00 25kV, 3phase Fiberglass Crossarm GOAB Switch, S&C # 147533R2-A2-ED-701R2S2 Shipment ____ days30-50 Prices only good Bidder's Comments:for one year - 12/31/07 Bidder is an authorized distributor, by the N/A manufacturer, and is authorized to sell to the City of Denton? YES or NO *Prices shall be bid F.O.B. Denton 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3April 10, 2006 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Chair called the meeting to order on Monday, April 10, 2006, at 9:01 a.m. in the 7Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, 8Texas. 9 10 Present: Chair Newell, George Hopkins, Dick Smith, Bill Cheek (arrived at 9:04 a.m.), 11John Baines, Phil Gallivan and Bob Bland 12 13 Absent: John Baines, excused 14 15EX OFFICIO MEMBER: 16Howard Martin, Interim City Manager 17 18 CONSENT AGENDA: 19The Public Utilities Board has received background information, staff?s recommendations, and 20has had an opportunity to raise questions regarding these items prior to consideration. Detailed 21information is attached to each Consent Agenda item. 22 23 242) Consider recommending approval of the unit prices in Bid #3475 and awarding an agreement 25for the purchase of distribution gang operated air-break switches from Hughes Supply, 26Corinth, Texas, in the annual estimated expenditure amount of $46,183. 27 28 Board Member Dick Smith moved to approve Item 2 with a second from Board Member 29 Bob Bland. The motion was approved by a vote of 6-0. 30 31 32The meeting was adjourned at 10:01 a.m. 33 AGENDA INFORMATION SHEET April 18, 2006 Questions concerning this AGENDA DATE: acquisition may be directed Materials Management to Janet Fitzgerald 349-8271 DEPARTMENT: Jon Fortune ACM: SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of playground equipment for two city parks for the City of Denton Parks & Recreation Division by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3492-Interlocal Agreement for the purchase of Little Tikes Commercial Custom Kid Builder Castle Theme awarded to Jim Lea & Associates, Inc. in the amount of $55,836, GameTime PowerScape Modular Unit awarded to SouthWest Parks & Playgrounds in the amount of $33,044.56, and a Hill Climbing Boulder awarded to The PlayWell Group in the amount of $5,160.60 for a total award of $94,041.16). FILE INFORMATION The new Civic Center Park playground equipment will be replacing the unit that is in the far southeast corner of the playground. Along with this new playground unit, a new swing is being purchased to replace the old, outdated swing that is currently located outside of the playground area. The City is also adding a Climbing Boulder to the playground area to add some variety to the space. This project will centralize all of the playground structures including the swing, into one area. The new Avondale Park playground equipment will replace all existing playground equipment. The current structures are 2 to 12 years old. The installation of the new equipment and enlargement of the Civic Center Park play area will be bid separately. RECOMMENDATION Award a contract to Jim Lea & Associates, Inc. in the amount of $55,836 for the Little Tikes Commerical Custom Kid Builder Castle Theme,a contract to SouthWest Parks & Playgrounds in the amount of $33,044.56 for a GameTime PowerScape Modular Unit, and a contract to The PlayWell Group in the amount of $5,160.60 for a Hill Climbing Boulder as indicated on the Buy Board contract pricing sheets included as Attachments 1 and 2 and 3. Agenda Information Sheet April 18, 2006 Page 2 PRINCIPAL PLACE OF BUSINESS Jim Lea & Associates, Inc. SouthWest Parks & Playground Richardson,TX Denton, TX The PlayWell Group Dallas, TX ESTIMATED SCHEDULE OF PROJECT The playground equipment is estimated to be delivered to the City in 4 to 6 weeks. All playground equipment is to be installed no later than the last week of August 2006. FISCAL INFORMATION The acquisition of the playground equipment will be funded from the 2005 Bond Program as part of the Capitol Improvements Program from the Avondale/Civic Center Equipment Fund Account 4000065447.1350.40100. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachments 1-3: Buy Board Contract Sheets 1-AIS-FILE 3492 Attachment 1 Attachment 2 Attachment 3 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF PLAYGROUND EQUIPMENT FOR TWO CITY PARKS FOR THE CITY OF DENTON PARKS & RECREATION DIVISION BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3492-INTERLOCAL AGREEMENT FOR THE PURCHASE OF LITTLE TIKES COMMERCIAL CUSTOM KID BUILDER CASTLE THEME AWARDED TO JIM LEA & ASSOCIATES, INC. IN THE AMOUNT OF $55,836, GAMETIME POWERSCAPE MODULAR UNIT AWARDED TO SOUTHWEST PARKS & PLAYGROUNDS IN THE AMOUNT OF $33,044.56, AND A HILL CLIMBING BOULDER AWARDED TO THE PLAYWELL GROUP IN THE AMOUNT OF $5,160.60 FOR A TOTAL AWARD OF $94,041.16). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network 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 on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; 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 items shown in the ?File Number? referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3492 Jim Lea & Associates, Inc. $55,836.00 3492 SouthWest Parks & Playgrounds $33,044.56 3492 The PlayWell Group $ 5,160.60 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3.Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enterinto a formal written agreement as a result of the City?s ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contractis in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4.By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5.This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of ______________, 2006. _____________________________________ EULINE BROCK,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________ 3-ORD-File 3492 AGENDA INFORMATION SHEET AGENDA DATE: April 18, 2006 DEPARTMENT: Internal Audit CM: Howard Martin SUBJECT A Resolution of the City of Denton, Texas establishing the City Council Audit Committee as a standing committee of the City Council; appointing the initial members of the Committee; approving a Council Audit Committee Directive, Audit Committee Bylaws, and Internal Audit Charge; superceding resolution no. R2005-052; and providing for an effective date. BACKGROUND The Internal Audit Department was created back in the early 1990?s, however had never been formally established or recognized by City Ordinance or Resolution until December 2005 under Resolution R2005-052. The enclosed updated resolution and the associated documents expand the financial oversight role of the Audit Committee, bring the Committee more in line with other Council committees, and further define the independence of the internal audit function and the Audit Committee as required by the profession and as allowed by the City Charter. OPTIONS Approve the Resolution formally establishing the City Council Audit Committee as a standing committee of the City Council; appointing the initial members of the Committee; approving a Council Audit Committee Directive, Audit Committee Bylaws, and Internal Audit Charge; and superceding resolution no. R2005-052. Not Approve the Resolution formally establishing the City Council Audit Committee as a standing committee of the City Council; appointing the initial members of the Committee; approving a Council Audit Committee Directive, Audit Committee Bylaws, and Internal Audit Charge; and superceding resolution no. R2005-052. RECOMMENDATION Approve the Resolution formally establishing the City Council Audit Committee as a standing committee of the City Council; appointing the initial members of the Committee; approving a Council Audit Committee Directive, Audit Committee Bylaws, and Internal Audit Charge; and superceding resolution no. R2005-052. ESTIMATED SCHEDULE OF PROJECT NA PRIOR ACTION/REVIEW (Council, Boards, Commissions) Approved by City?s Audit Committee in March 2006 Respectfully submitted: Andrea Gage, Internal Auditor Susan Croff, Utility Process/Quality Control Auditor EXHIBIT A City of Denton COUNCIL AUDIT COMMITTEE DIRECTIVE City of Denton Audit Committee Directive ESTABLISHMENT 1 The Audit Committee (Committee) is established in accordance to resolution number _________. This Committee is a standing committee of the City Council (Council). This Directive establishes the responsibilities and explains the role of the Committee. OBJECTIVE 2 The primary objective of the Committee is to assist Council in fulfilling its organizational governance and oversight responsibilities relating to the audit function, and both financial and operational information and reporting practices. More specifically the Committee will: Assess financial data and basis of information for objectivity, consistency and reliability Enhance the independence and effectiveness of the Internal Audit Department (Internal Audit); Oversee the application of appropriate accounting and disclosure policies and procedures; Monitor existing organizational policies and recommend new policies to prohibit unethical, questionable or illegal activities; Provide a communication link between Management, internal auditors/external auditors and Council; Promote the need for public accountability of managers to Council, the tax and ratepayers and other interested parties; and Support measures to improve operational performance and internal controls. 3 RESPONSIBILITIES The Committee will work closely with Management and internal and external auditors to carry out its responsibilities. While Management has the primary responsibility for financial reporting, application and maintenance of internal controls, compliance with laws and regulations, and setting of ethical standards, the Committee will exercise an independent monitoring and reviewing role. The Committee will have unrestricted access to all information, including documents and personnel, and have adequate resources including the right to seek independent professional advice in order to fulfil its oversight responsibilities. 1 City of Denton Audit Committee Directive The responsibilities of the Committee include: 3.1 Internal Audit Activities Subsections 2.08(q)(r) and Section 213 of the City of Denton Charter (the ?Charter?) authorize the Council to provide for the auditing and investigation of the municipal affairs of the City. To that end it is important that the City?s internal audit function be independent and free from improper influence or coercion. The internal audit function is not an administrative function of the City contemplated by Section 5.03 of the Charter. Therefore, the prohibitions contained in Section 2.10 of the Charter are not applicable to the internal audit function. The Committee will establish, maintain and oversee Internal Audit and ascertain that the activities undertaken by Internal Audit are in accordance with the Internal Audit Charge. The Committee will review and approve the Annual Internal Audit Plan and monitor the planning and scope of Internal Audit activities, assessing findings, recommendations, and results of those activities. The Committee will review and concur in the appointment; replacement or dismissal of the Internal Auditor to ensure independence of the function is maintained. The Committee will monitor whether Internal Audit is receiving the cooperation of all levels of Management; and in light of its purpose and activities, is viewed as a governance function for Council. The Committee will assess whether all significant recommendations resulting from internal audits performed, have been properly implemented by Management. The Committee will review, monitor and assist in the minimization of operational risk by assessing the effectiveness of the control environment established by Management. 3.2 Financial and Operational Oversight It is understood that Management retains the authority and responsibility to direct and formulate data and information regarding financial information, including data, reports and forecasts. The Committee will provide financial oversight by reviewing financial reports or data that is being put before Council for decision-making purposes to ensure its integrity and completeness. Further, the Committee will review significant accounting, operational and reporting issues and assess their impact on the financial and operating results, and will assess the overall affect on the system of internal controls. 2 City of Denton Audit Committee Directive The Committee will provide oversight of the audit activities performed by the external auditors by reviewing the effectiveness of the annual audit, to ascertain whether emphasis is being placed on areas where the Committee, Management or the auditors believe special attention is necessary. Further, the Committee will review Management responses to external audit reports and the extent to which audit recommendations concerning internal accounting controls, and other matters, are implemented. 3.3 Reporting and Other Matters The Committee will assess whether Council is receiving reliable and timely Management information. This assessment will include detailed reviews of the proposed Annual Program of Services to ensure decisions and Management propositions are prudent and meet the overall organizational objectives. The Committee will periodically review the Ethics Policy for Elected and Appointed Officials and any other organizational policies related to ethics, code of conduct, conflict of interest, fraud and other sensitive issues that relate to setting the control climate within the organization. 4 MEMBERSHIP The Committee will consist of the Mayor and two additional Council members. The City Manager and Internal Auditor shall be non-voting ex officio members of the Committee. Other ex officio non-voting Committee members may be added by a majority vote of the full Committee. The Internal Auditor will be the staff liaison and provide assistance and guidance to the Committee. Council members on the Committee will be appointed based on their experience and ability to effectively guide the City in avoiding both financial and operational risk. 5 MEETINGS, RECORDS AND REPORTING STRUCTURE The Committee shall meet at least quarterly. The Chair, with the 5.1 assistance of Internal Audit, will set the date, time and place for the meetings. In addition, the Chair will call a meeting if requested to do so by any Committee member, the City Manager, or the Internal Auditor. A quorum shall consist of two members. 5.2 Committee meetings will be posted in accordance with the Open 5.3 Meetings Act, being Chapter 551 of the Government Code. 3 City of Denton Audit Committee Directive The Internal Auditor will serve as the staff liaison to the Committee 5.4 and oversee the preparation of the agenda and minutes for all Committee meetings. The Committee shall keep correct and complete minutes of the open 5.5 proceedings of all meetings. . 4 City of Denton Audit Committee Bylaws EXHIBIT B BC YLAWS OF THE ITY OF DENTON AUDIT COMMITTEE ARTICLE I: INTRODUCTION These Bylaws shall govern the actions of the City of Denton Audit Committee (Committee), established by Resolution number 2006-_____ and the Council Audit Committee Directive (Council Directive) of the City of Denton, in the regulation and management of its affairs. ARTICLE II: OBJECTIVES & RESPONSIBILITIES The objective and broad responsibilities of the Committee are stated in the Council Directive as: The primary objective of the Committee is to assist Council in fulfilling its organizational governance and oversight responsibilities relating to the audit function, and both financial and operational information and reporting practices. The Committee will work closely with Management and internal and external auditors to carry out its responsibilities. While Management has the primary responsibility for financial reporting, application and maintenance of internal controls, compliance with laws and regulations, and setting of ethical standards, the Committee will exercise an independent monitoring and reviewing role. The Committee will have unrestricted access to all information, including documents and personnel, and have adequate resources including the right to seek independent professional advice in order to fulfill its oversight responsibilities. 1 City of Denton Audit Committee Bylaws The Committee shall have the purposes stated in the Resolution and the Council Directive and shall exercise the following powers: 1 Internal Audit Activities According to the Council Directive, ?Subsections 2.08(q)(r) and Section 213 of the City of Denton Charter (the ?Charter?) authorize the Council to provide for the auditing and investigation of the municipal affairs of the City. To that end it is important that the City?s internal audit function be independent and free from improper influence or coercion. The internal audit function is not an administrative function of the City contemplated by Section 5.03 of the Charter. Therefore, the prohibitions contained in Section 2.10 of the Charter are not applicable to the internal audit function. The Committee will establish, maintain and oversee Internal Audit and ascertain that the activities undertaken by Internal Audit are in accordance with the Internal Audit Charge.? The Committee may delegate any other powers to Internal Audit to assist in fulfilling the governance role. The Committee?s oversight functions will be performed to assist Council, boards and commissions, and Management of the City of Denton, in providing efficient and effective services to the tax and ratepayers of the City. The Committee shall: Monitor whether Internal Audit is receiving the cooperation of all 1.1 levels of management; and in light of its purpose and activities, is viewed as a governance function for Council. Ensure there are no unjustified restrictions or limitations put forth on the Internal Auditor in the performance of audits or reviews. Review, monitor and assist in the minimization of operational risk. 1.2 Ensure appropriate systems of internal controls are established by 1.3 City Management, including computerized information system controls and security, to detect and minimize financial and operational risks. This will allow the City to achieve its objectives within an acceptable level of risk. Ensure that adequate procedures are in place to address any 1.4 fraudulent or corrupt activities that may affect the City. Approve the appointment, replacement or dismissal of the Internal 1.5 Auditor as provided in the Internal Audit Charger (5.2). 2 City of Denton Audit Committee Bylaws Approve job classifications, descriptions and pay ranges for the 1.6 Internal Auditor, and any necessary staff or external assistance, for Internal Audit for submission to Council. Ascertain that the activities undertaken by Internal Audit are in 1.7 accordance with the Internal Audit Charge. Review and approve the Annual Internal Audit Plan (Audit Plan), 1.8 which shall be drafted by the Internal Auditor, and submitted to the Committee for approval within 30 days of their appointment, or annually, within four weeks after the completion of the external audit. Assess whether resources available to Internal Audit are adequate to implement the Audit Plan. Review the planning and scope of Internal Audit activities and 1.9 assess the results, recommendations and findings of those activities. Review and approve all financial, performance and self-assessment 1.10 reports performed by Internal Audit. Review responses and action plans submitted by audited City 1.11 Management. Assess whether all significant recommendations provided by 1.12 Internal Audit have been properly implemented by Management. Any reservations the Internal Auditor may have about control risk, accounting and disclosure practices should be discussed by the Committee. Review and approve the Internal Audit budget on an annual basis 1.13 for submission to Council. 2 Financial and Operational Oversight The Council Directive provides that ?It is understood that Management retains the authority and responsibility to direct and formulate data and information regarding financial information, including data, reports and forecasts. The Committee will provide financial oversight by reviewing financial reports or data that is being put before Council for decision- making purposes to ensure its integrity and completeness. Further, the Committee will review significant accounting, operational and reporting issues and assess their impact on the financial and operating results, as will assess the overall affect on the system of internal controls.? 3 City of Denton Audit Committee Bylaws The Committee shall: Confer with external auditors, and any other federal, state, or 2.1 independent accountants/auditors/consultants retained by the City and discuss their timetable, audit plan and any issues noted regarding accounting policies or errors, control weaknesses, process efficiencies or issues arising with City personnel. Review and confer with the external auditors to ensure financial 2.2 compliance with accounting policies and procedures, and governing laws, rules and regulations. Review the scope of the total audit activities with the external 2.3 auditors, accountants or consultants. Review and confer with the external auditors concerning the final 2.4 financial statements prior to the approval by Council, taking to the Council any external audit comments or other Committee concerns. In particular the review should focus on: significant changes in accounting policies and practices; any major judgmental area; significant audit adjustments; and proposed departures from accounting standards. Review the effectiveness of the annual audit, to ascertain whether 2.5 emphasis is being placed on areas where the Committee, Management or the auditors believe special attention is necessary. Review Management responses to external audit reports and the 2.6 extent to which audit recommendations concerning internal accounting controls and other matters are implemented. Review significant accounting, operational and reporting issues 2.7 and understand their impact on the organization?s financial and operational status. Review, recommend and approve any significant accounting policy 2.8 changes. Review other financial reports or data that is being put before the 2.9 Council for decision-making purposes to ensure its integrity and completeness. 4 City of Denton Audit Committee Bylaws 3 Reporting and Other Matters Perform other duties as stated in the Council Directive or otherwise delegated by Council which consist of the following: Review the proposed Annual Program of Services (organizational 3.1 budget) in detail to ensure decisions and Management propositions meet the overall organizational objectives and that information presented is based on objective, sound and reliable data. Periodically review the Ethics Policy for Elected and Appointed 3.2 Officials and any other organizational policies related to ethics, code of conduct, conflict of interest, fraud and other sensitive issues that relate to setting the control climate within the organization. Determine whether Council is receiving reliable and timely 3.3 Management information. Report any matter to the Council and/or City Manager that the 3.4 Committee considers appropriate. Submit an annual report to the Council and City Manager, which 3.5 shall include any recommendation for change to its responsibilities as written in these bylaws. ARTICLE III: MEMBERSHIP AND OFFICERS 4 Membership The Council Directive states: ?The Committee will consist of the Mayor and two additional Council members. The City Manager and Internal Auditor shall be non-voting ex officio members of the Committee. Other ex officio non-voting Committee members may be added by a majority vote of the full Committee. The Internal Auditor will be the staff liaison and provide assistance and guidance to the Committee. Council members on the Committee will be appointed based on their experience and ability to effectively guide the City in avoiding both financial and operational risk.? In order to assist it in its investigatory and auditing function, the Committee may solicit advise from persons internal or external to the organization with expertise in auditing and financial practices, or in a profession for which advice is being sought. 5 City of Denton Audit Committee Bylaws 5 Officers The officers of the Committee shall consist of a Chair and a Vice Chair as appointed by the Committee. The officers shall be appointed annually by the Committee at the first meeting following formal appointment of Committee members by Council. 6 Chair The Chair will be determined by the voting members of the Committee at the first meeting following official appointment by Council. The Chair shall be the principle executive officer and shall exercise general supervision and control over the affairs of the Committee. In addition, the Chair shall have such powers and duties as the Council may from time to time assign. The Chair has the power to sign correspondence and resolutions for the Committee. The Chair is also authorized to meet separately with the Internal Auditor and/or City Manager to discuss sensitive audits and investigations. 7 Vice Chair The Vice Chair shall be determined by the Committee at the first meeting following official appointment of Committee members by Council. The Vice Chair shall have the powers and shall perform the duties that the Committee and/or the Chair prescribe. If the Chair is absent or unable to fulfill their duties, the Vice Chair shall perform all duties and exercise all the powers of the Chair. ARTICLE IV: AUDIT COMMITTEE ADMINISTRATION 8 Meetings The Council Directive states, ?The Committee shall meet at least quarterly. The Chair, with the assistance of Internal Audit, will set the date, time and place for the meetings. In addition, the Chair will call a meeting if requested to do so by any Committee member, the City Manager, or the Internal Auditor.? A quorum shall exist when a majority of the voting members are present. The Committee may set meeting dates to accommodate special circumstances. No business, other than that on the agenda may be conducted at a meeting. 6 City of Denton Audit Committee Bylaws 9 Notification of Meetings Committee meetings will be posted in accordance with the Open Meetings Act, being Chapter 551 of the Government Code. 10 Voting Each member of the Committee shall have one vote. Members must be present at the time of the vote. Except as otherwise provided in the Council Directive and these bylaws, the act of the majority of the members present at a meeting, at which a quorum is present, is the act of the Committee. A quorum shall consist of two members. 11 Protocol To the extent not contrary to these bylaws, and the Council Directive, Roberts Rules of Order pertaining to small assemblies may be consulted regarding the conduct of Committee meetings. The Committee may convene into closed session when authorized by the Open Meetings Act. ARTICLE V: BOOKS AND RECORDS 12 Records Required The Committee shall keep correct and complete minutes of the open proceedings of all meetings. ARTICLE VI : AMENDMENT These bylaws may be repealed or amended, and additional bylaws may be adopted, by the recommendation of a majority vote of the full Committee and approval by Council. ARTICLE VII: SIGNATURE I HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the Bylaws of the City of Denton Audit Committee, as in effect on this day of _____________. ______________________________ CHAIR, CITY OF DENTON AUDIT COMMITTTEE 7 EXHIBIT C City of Denton INTERNAL AUDIT CHARGE City of Denton Internal Audit Charge 1 ESTABLISHMENT The Internal Audit Department (Internal Audit) was established to provide the City of Denton (City) with a comprehensive program of internal auditing as an overall internal control measure and a service to the City. 2 OBJECTIVE The primary objective of Internal Audit is to aid City Council (Council) and City Management (Management) in achieving City goals and objectives while minimizing undue risk. Internal Audit is a control that functions by measuring and evaluating the effectiveness of other City internal controls. Internal Audit shall assist the organization in meeting objectives by performing a variety of independent audit functions including financial, performance and compliance audits; risk assessment; and other evaluations as deemed necessary. 3 INDEPENDENCE 3.1 Internal Audit shall be free from control or undue influence in the selection and application of audit techniques, procedures and programs; the determination of facts revealed by the examination or in the development of recommendations or opinions; and the selection of areas, activities, personal relationships and managerial policies to be examined. 3.2 Internal Audit reports operationally to the Audit Committee (Committee). When matters involving Management arise, or other matters as determined by the Internal Auditor, the Internal Auditor will have the right to call together only those members of the Committee that are not a part of Management. 4 AUTHORITY Internal Audit shall have the following authority: Unrestricted access to all City functions, records, property and personnel. Full and free access to the Committee. When matters arise that involve Management or other sensitive areas, the Internal Auditor may call together only the voting members of the Committee. Ability to allocate resources, set frequencies, select subjects, determine scopes of work and apply the techniques required to accomplish audit objectives. Access to review the findings and recommendations of examinations performed by regulatory agencies or other external entities. 1 City of Denton Internal Audit Charge Ability to perform unplanned internal audit projects/reviews throughout the year when determined necessary by Internal Audit, Management or the Council. However, if a proposed project may substantially change the Annual Internal Audit Plan (Audit Plan), a majority vote must be obtained from the voting members of the Committee to approve the performance of the project and the related change to the Audit Plan. 5 REPORT STRUCTURE 5.1 Administratively, and when independence is not compromised, Internal Audit will report directly to the City Manager. All administrative matters concerning work schedules, time off and performance evaluations will be handled by the City Manager. Operationally, Internal Audit will report to the Committee. This will 5.2 include approval of the appointment, replacement or dismissal of the Internal Auditor, as well as guidance and approval regarding the Audit Plan and audit work performed throughout the year. 6 RESPONSIBILITIES 6.1 Internal Audit is responsible for providing the Committee and Management information about the adequacy and effectiveness of its systems of internal controls and quality of operating performance when compared to established goals or standards. In doing so, Internal Audit will provide audit services and recommendations to assist Management in ensuring: Risks are appropriately identified and managed. Interaction among various departments occurs effectively and efficiently. Significant financial, managerial and operational information is accurate, reliable and timely. Employees? actions are in compliance with policies, standard procedures and applicable laws and regulations. Resources are acquired economically, used efficiently and adequately protected. Programs, plans and objectives are achieved. Quality and continuous improvement are fostered in Management?s control processes. Significant legislative or regulatory issues affecting the City are recognized and addressed. 6.2 Internal Audit will be responsible for developing and implementing a flexible annual Audit Plan to include any risks or control concerns identified by Management or the Committee. The Audit Plan is submitted to the Committee for review and approval. 2 City of Denton Internal Audit Charge 6.3 Internal Audit will conduct financial and performance audits in accordance with Government Auditing Standards as promulgated by the United States General Accounting Office. 6.4 A professional audit staff will be maintained with sufficient knowledge, skills, experience and professional certifications to ensure the requirements of this Charge are achieved. 6.5 Follow-up reviews will be performed to monitor and ensure that Management actions have been effectively implemented or that Management has accepted the risk of not taking action. 6.6 The Internal Auditor will provide periodic reports to the Committee summarizing results of audit activities. Further, Internal Audit will ensure significant suspected fraudulent activities within the City are investigated and Management and the Committee are notified of the results. 6.7 Internal Audit will assist the Audit Committee in their responsibility to hire, direct and provide oversight of the External Audit and related contracts or any other related services. 6.8 It is not the responsibility of Internal Audit, but rather that of Management to resolve issues noted during any Internal Audits performed and implement new procedures and processes necessary to ensure the efficient and effective operation of City functions. Further, it is the responsibility of Management to ensure proper internal controls are implemented and functioning properly throughout City operations. 7 AUDIT RECORDS ACCESSIBILITY Only reports and other audit records that are required to be made public under the Public Information Act will be made public, unless public disclosure is authorized by the Council. 3 AGENDA INFORMATION SHEET AGENDA DATE: April 18, 2006 DEPARTMENT: Parks and Recreation Department CM: Howard Martin, 349-8232 SUBJECT Consider approval of a resolution establishing a Public Art Policy for the City of Denton, Texas; to be administered by the Parks and Recreation Department, and providing for an effective date. Parks, Recreation and Beautification Board recommends approval 4-0. BACKGROUND On November 15, 2005, the City Council directed staff to initiate a process to research and develop a public art policy for the City of Denton. Staff was also directed to coordinate the development of a public art policy as a public/private cooperative with the Greater Denton Arts Council, and as part of that process, insure input from a broad spectrum of public and private stakeholders. The Public Art Policy Development Task Force was created and completed its work in February 2006. After reviews by the Parks, Recreation and Beautification Board and the City Council, the Public Art Policy is submitted for final consideration and approval by resolution. At the March 7, 2006, Work Session, Council primary discussion with the Task Force representatives and staff on the policy included: Funding strategies Should funding be flexible rather than fixed formulas that would establish o committed funding for the program. This issue was discussed also at the Task Force and Park Board level. The recommendations of these two bodies was to establish funding recommendations that were fixed and committed funding for the Public Art Program. The Legal Department advises that the Council cannot obligate future Councils and prefers wording in the ?Public Funding? replace: ?The City of Denton shall include a base of 2% . . .? with ?The City of Denton intends to include a base of 2% . . .?, and ?. . . Hotel Occupancy Tax revenues can be allocated . . . ? with ?. Hotel Occupancy Tax revenues may be allocated . . . Public Art Committee The placement of the committee as a subset of the Parks, Recreation and o Beautification Board. The number of members appointed and nominations made by the GDAC Board o After discussion the Council consensus was to proceed with the recommendation. The Public Art Policy was established as a broad and flexible document to provide for future and unforeseen circumstances. It is understood that issues not specifically prohibited in the policy are not necessarily allowable, and that all actions and recommendations related to the administration of the Public Art Policy must comply with all local, state and federal laws and regulations. RECOMMENDATION At its February 16, 2006, meeting the Public Art Policy Development Task Force voted unanimously to recommend the Public Art Policy as drafted for approval. On March 7, 2006, the City Council in Work Session directed staff to proceed with the recommendation and place on an upcoming regular session agenda. At the April 3, 2006 meeting, Parks, Recreation and Beautification Board recommended approval with a vote of 4-0. The Board?s recommendation was for the policy to be approved as drafted by the Public Art Policy Development Task Force. OPTIONS Council may adopt the resolution as presented, direct staff to make changes and reschedule the item, or deny the resolution. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 7, 2005 Parks, Recreation and Beautification Board November 15, 2005 City Council Work Session March 6, 2006 Parks, Recreation and Beautification Board March 7, 2006 City Council Work Session April 3, 2006 Parks, Recreation and Beautification Board FISCAL INFORMATION Funding mechanisms as identified in the Public Art Policy will include a base of 2% from all future CIP programs, Hotel Occupancy Tax (HOT) revenues and tax abatement savings. The policy protects current and future funding levels of art groups receiving HOT fund revenues. Private funding would be pursued through grants, donations and contributions. Funding of the maintenance and management of public art will impact the General Fund operation and maintenance budget of the Parks and Recreation Department. All permanent public art projects must have a short and long-term maintenance plan that projects both staff time and funding required to properly maintain the work. EXHIBITS 1. Public Art Policy Resolution 2. Public Art Policy 3. City Council meeting minutes ? March 7, 2006 4: Parks, Recreation and Beautification Board minutes ? April 3, 2006 Respectfully submitted: Janet Fitzgerald, Director Parks and Recreation Department Exhibit 1 City of Denton Public Art Policy I.Intent and Purpose The City of Denton?s Public Art Policy confirms the commitment that the Denton community has for sustaining and promoting its unique, creative identity. Art enhances the cultural, physical, and psychological environment by enlivening and humanizing 1 public spaces. As stated in The Denton Plan: ?Public art provides a number of benefits to the city. It can create interest, create local distinctiveness, provide a memorable image associated with the city or certain districts within the city, lend character to urban spaces, and make the urban environment more attractive.? Denton has experienced a rich tradition of promoting the arts for over a century. The first art course was taught at the University of North Texas (Texas Normal College and Teacher Training Institute) in 1894 and at Texas Woman?s University (Girls Industrial College) in 1901. Both art programs have had a significant impact on Denton, which continues today, making it a home for hundreds of professional artists and influencing Denton?s visual heritage. In recognition of the role that public art already plays in Denton, by interpreting its history, character, and aspirations, and of the importance of integrating public art into the daily lives of its citizens, the City of Denton?s Public Art Policy is established to achieve the following goals: Create distinct, attractive, and inviting public space by including public art as an integral part of the design of spaces and around development. Celebrate Denton?s cultural heritage and diversity by encouraging collaboration between artists and the community. Distinguish Denton?s image in the metroplex by providing for the creation of quality public art in locations of prominent stature. Foster community education and enjoyment of public art. Promote a community environment that attracts artists to live and work, businesses to invest and locate, and residents to thrive. Encourage participation in the provision of public art through public and private investment. Advance collaboration between the City of Denton and the Greater Denton Arts Council (GDAC) in achieving the goals of this policy. 1 Denton Plan 1999-2020 Comprehensive Plan of the City of Denton, Texas Policies, Goals, Strategies & Implementation. - 1 - Exhibit 2 II. Definition of Public Art Public art, as defined by this policy, encompasses the broadest definition of visual art including all artistic disciplines. Public art governed by this policy shall be art that is visually or physically accessible to the public and that is acquired by, donated to, and approved by the City of Denton. Public art that is neither paid for with public funds, nor created through special conditions by approval of the City of Denton, is not governed by this policy. III. Policy Administration The City Council shall establish and appoint a Public Art Committee that will serve in an advisory capacity to the Parks, Recreation and Beautification Board. This Public Art Committee, established by separate ordinance, will make recommendations on the: Commissioning, placing, and installing of public art Implementation of funding mechanism(s) for public art Effective and efficient management of public art Ongoing maintenance of public art Accessioning, deaccessioning and resiting of public art The Public Art Committee will provide an annual report detailing its goals and accomplishments related to the implementation of this policy. The Parks and Recreation Department will administer the Public Art Policy for the City of Denton in collaboration with GDAC. The Denton City Council will appoint two members representing the GDAC to the Public Arts Committee. The GDAC Board of Directors will nominate these members. GDAC Executive Director and the Parks & Recreation Director will serve as ex-officio members on the Public Art Committee. The Public Art Committee will develop detailed guidelines outlining all aspects involved with the implementation of this policy. IV.Community Involvement The Parks, Recreation and Beautification Board and the City Council ensure citizen involvement through the establishment of the Public Art Committee and the review and approval of each public art project. In addition, the Public Art Committee will work with GDAC and local educational institutions to educate and inform citizens about projects and the process for involvement. V. Funding Funding for public art should be realized from both public and private sources to insure a broad and balanced program. - 2 - Exhibit 1 Public Funding The City of Denton shall include a base of 2% for the arts from all future Capital Improvement Programs, with the option and flexibility to increase to a 4% maximum, based on needs and economic conditions. Funds appropriated will be utilized to support City approved and initiated projects. Funds from individual projects can be combined into aggregate project(s). Annually, commencing with program year 2007, at least 2.4% of the total Hotel Occupancy Tax revenues can be allocated for public arts projects as allowed under Texas Tax Code 351.103 (c). This represents 16.01% of the 15% maximum that is allowed for the arts category, and allows for sustained funding of existing agencies in the arts category and provides a balance for potentially new agencies.Funding eligibility will be contingent on fulfillment of financial, reporting, and use requirements as outlined by the Hotel Occupancy Tax Program Guidelines. Tax abatements to developers that include publicly accessible art as a significant component of the development are outlined in the Denton Policy for Tax Abatement. Fifty percent of the tax abatement savings from 5% abatement should be committed to public art. Private Funding The Parks and Recreation Department, Public Art Committee, and GDAC will actively pursue public and private sources to fund public art initiatives. Individuals, businesses and organizations will also be encouraged to make contributions. All funds for public art received by the City of Denton from any source other than Capital Improvement Programs and HOT funds will be deposited in a public art agency account established by the City of Denton. This fund will be used to support city-initiated projects as approved by the City of Denton. The Parks and Recreation Department will administer this fund and agency account. The Public Art Committee will have responsibility for making recommendations for allowable uses of these funds with final approval by the City Council. VI. Site Selection As established in The Denton Plan: The provision of public art will normally be expected as part of any large development scheme. Public art should be considered as an integral part of the design of space in and around development. - 3 - Exhibit 1 The Public Art Committee should adopt standards to guide the placement of art in public places such as landmarks, view corridors, pockets, traffic circles, and other locations of prominent stature. Site locations for public art will be identified and recommended by the Public Art Committee to the Parks, Recreation and Beautification Board, with final approval by the City Council. The Public Art Committee will make its recommendations to: Complement and supplement other planning documents and adopted masterplans. Insure visual and physical access by the public. Insure suitability and appropriateness of art to the site. Provide a balanced and equitable distribution of art in the city. Allow for efficient management and maintenance of the art at the site location. VII. Eligible Projects The Public Art Committee will be responsible for the development of specific guidelines in making recommendations for eligible projects. In general, eligible projects will include: The commissioning of permanent works designed for specific public sites in Denton The loan, purchase, or donation of art works The installation of short-term projects that result in the creation of temporary or permanent public art VIII. Art and Artist Selection The Public Art Committee will develop and adopt specific criteria for the selection of artists and artwork with final approval from the City Council. Methods used for artist selection may include open competition, invitational competition, or direct selection and must comply with all laws, regulations, and city policies governing purchasing. IX.Ownership and Copyright Permanent pieces of public art shall be the property of the City of Denton. The City shall own the physical work, with unlimited reproduction rights allowed the City for appropriate promotional and educational purposes. Legal title and copyrights in any work of public art will be spelled out contractually between the City and the artist/owner. X. Maintenance Prior to acceptance of any piece of artwork, the Public Art Committee is required to develop a recommendation for its short and long-term maintenance, including a budget for each project. All permanent public art projects must have a maintenance plan that projects both staff time and funding required to properly maintain the work. The City of - 4 - Exhibit 1 Denton shall be responsible for the maintenance and management of city initiated public art projects. XI. Accessioning, Deaccessioning, and Resiting of Public Art Gift acceptance and placement of public art should be in accordance with historic use and in keeping with the City of Denton general public art goals. The quality, scale, and character of the gift should be appropriate to the particular setting. Donations of works that require the City of Denton to pay installation, framing, restoration, or repair are not encouraged. The City of Denton will evaluate such expenditures at the time the gift is considered. Works of art requiring high or excessive maintenance may be declined. All donations of art must be reviewed by the Public Arts Committee and the Parks, Recreation and Beautification Board, and must be approved by the City Council. In accordance with the provisions of guidelines established by Public Art Committee, the City of Denton shall deaccession and dispose of works of art in its collection only when it finds such action to be in the public interest or as a means of improving the quality of the collection or public safety. Works of public art may be relocated or removed if a gift or commissioned piece becomes a hazard or liability or if the approved terms of acceptance are not fulfilled. Works of art that meet the definition for public art covered by this policy but which came into existence prior to the adoption of the policy will be subject to this same deaccessioning procedure. XII. Temporary Exhibits Public art projects may include installations, artist-in-residence programs, and other short-term projects that result in the creation of temporary public art. XIII. Lending Policy Artwork may be loaned to other agencies or entities if deemed appropriate by the Public Art Committee with final approval of the City Council. The Public Art Committee will be responsible for recommending criteria for establishing a lending policy. The Denton Public Art Policy is based upon the Arlington County, Virginia, Public Art Policy. - 5 - Exhibit 1 CITY OF DENTON CITY COUNCIL MINUTES March 7, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 7, 2006 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None Item #2 was considered. 2. The Council received a report, held a discussion and gave staff direction on a Public Art Policy. Janet Fitzgerald, Director of Parks and Recreation, stated that the draft public art policy would be presented at this meeting. She introduced the members of the committee that drafted the policy. The process was started in November at the direction of Council to draft the policy. In December the task force began meeting. The proposed draft policy was modeled after a policy from Arlington County, Virginia. Roni Beasley, Chair-Public Art Policy Development Task Force, reviewed the procedures that the task force followed to reach the draft policy. Those procedures included intent and purpose of the task force, a definition of public art, the procedures for policy administration, role of the committee, other major components including community involvement, site selection criteria, project eligibility, art and artist selection, ownership and copyright, maintenance, accessioning, deaccessioning and resiting, temporary exhibits, and a lending policy. Jerry Mohelintzky, Task Force member, spoke on public funding. Suggested funding sources were divided into CIP funding, hotel occupancy tax revenues, and tax abatements. State and federal funding might also be available. Private funding included grants, foundations, and contributions from individuals, businesses and organizations. Council discussion ? Consider a sliding scale formula similar to the HOT funds rather than a fixed percentage. The purpose of the proposal was to establish a formula/program for funding for public art. The Council needed to commit to funding for the program. Why would the Committee act as a subset of the Parks Board rather than be a freestanding committee? Beasley replied that the Parks Board would have the task of installing and maintaining the pieces so input from that Board would be essential. Why were nine members suggested instead of seven as other council boards? Beasley replied that nine members would allow for some appointments from the arts community with expertise in the arts. Change the wording to ?Council appointments? rather than ?individual appointments. Consider whether the Committee needed direct line to council for decision-making ? Fitzgerald stated that the majority of the art would be on public property maintained and managed by the Parks Department. It was felt that the Committee needed to follow that chain of command. The Committee would be able to submit a minority report to council if the Parks Board did not approve a piece of art. Exhibit 3 City of Denton City Council Minutes March 7, 2006 Page 2 GDAC was indicated as the arts representative of the city. Was that officially approved anywhere. Beasley stated that the policy was recognizing the role of GDAC in policy and selection of art for the city. Consensus of Council was to proceed with the recommendation. Council returned to the regular agenda order. 1. The Council received a report, held a discussion and gave staff direction concerning the establishment of a City Council Ad Hoc Development Review Committee. Interim City Manager Martin stated that Council had requested this item and staff had placed information in the backup for Council consideration and direction. Council discussion ? Formation of the committee would help compress the time frame for council consideration of the Code review. This committee would help analyze the review of the code. Council Member Mulroy and Mayor Pro Tem McNeill volunteered to be on the committee. A nominating committee made up of Council Members Mulroy and Kamp and Mayor Pro Tem McNeill would make recommendations to the entire council for the remaining members. Consensus of the Council was to proceed with formation of the committee. 3. The Council received a report, held a discussion and gave staff direction on possible amendments to requirements for parking in front of buildings and to criteria for Alternative Development Plans (ADPs). Kelly Carpenter, Director of Planning and Development, stated that currently the Code required parking behind or beside a building and not in front of the building. There had been eleven or twelve alternative development plans that had requested parking in front of the building. She presented visuals on how parking might look if allowed in front of buildings. Landscaping requirements might include a 15 foot landscaping area, 18 feet of first row of parking, a 24 foot drive aisle, 18 feet of second row of parking, 5 feet of walkway and 5 feet landscape area in front of building which could be paved if pots or planters were incorporated. Another challenge with an alternative development plan was a speculative development project that did not know what was going to be developed on each parcel. Consensus of the council was to continue with the process. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for March 7, 2006. City of Denton City Council Minutes March 7, 2006 Page 3 Following the completion of the 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. Closed Meeting: A. Consultation with Attorney ? Under Texas Government Code Section 551.071 1. Consulted with the City?s attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City?s northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters would conflict with the duty of the City?s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City?s legal position in any administrative proceedings or potential litigation. 2. Consulted with the City's Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the International Association of Fire Fighters Local 1291, pursuant to Texas Local Government Code sec. 142.101, et seq. A private caucus on this topic is specifically authorized by Texas Local Government Code 142.113(b), and public discussion would otherwise conflict with the duties of the City's attorneys to maintain confidential communications with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 3. Received legal advice from the City Attorney regarding the Award of Special Commissioners and procedural options in condemnation proceedings styled The City of Denton, Texas v. Julian Chavez, et al., Cause No. ED-2004-00088 pending in the Probate Court of Denton County, Texas. Regular Meeting of the City of Denton City Council on Tuesday, March 7, 2006 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. City of Denton City Council Minutes March 7, 2006 Page 4 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Brock presented the following proclamations: Professional Social Work Month American Red Cross Month 3. CONSENT AGENDA Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. A. 2006-068 - An ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton Amendment No. 2 to an Airport Project Participation Agreement with the Texas Department of Transportation dated January 8, 2002 relating to the construction of improvements at the Denton Municipal Airport, and declaring an effective date. The Airport Advisory Board recommended approval (5-0.) B. R2006-007 - A resolution of the City Council of the City of Denton, Texas, adopting Section 33.11 of the Texas Property Tax Code; providing for imposing an early collection costs penalty for taxes imposed on personal property; and providing an effective date. C. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1.Target/Dayton Hudson Corp Overpayment 2005$27,491.49 2. Target/Dayton Hudson Corp Overpayment 2005 $19,764.87 3.Sybra Inc/Arby?s Erroneous Payment 2005$15,785.19 4. Sybra Inc/Arby?s Overpayment 2005 $11,035.70 5.Sybra Inc/Arby?s Erroneous Payment 2005$ 9,883.93 6. Sybra Inc/Arby?s Overpayment 2005 $ 5,011.79 7.Ford Family Partners Duplicate Payment 2005$ 2,982.97 8. First Horizon Home Loans Erroneous Payment 2005 $ 1,211.32 9.Saxon Mortgage/Annette Franklin Duplicate Payment 2004$ 881.84 10. LandAmerica/Debra Hill Duplicate Payment 2004 $ 858.55 11. Tax Ease Funding/Milton & Maria Overpayment 2005$ 803.15 Fairley D. 2006-069 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of HDPE Pipe and Accessories for the City of Denton Solid Waste Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3448 ? Annual Contract for HDPE Pipe and Accessories awarded to the lowest responsible bidder, Forrer Supply Company, Inc. in the annual estimated amount of $30,000). The Public Utilities Board recommended approval (5-0). City of Denton City Council Minutes March 7, 2006 Page 5 E. 2006-070 -- An ordinance accepting competitive bids and awarding a two year contract for the purchase of Manual PME 9,10 and 11 Padmounted Switchgear; providing for the expenditure of funds therefor; and providing an effective date (Bid 3457 ? Two Year Contract for Manual PME 9,10 and 11 Padmounted Switchgear awarded to the lowest responsible bidder, Priester Supply, in the annual estimated amount of $255,119). The Public Utilities Board recommended approval (5-0). F. 2006-071 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of Waterford Series Decorative Streetlight Poles; providing for the expenditure of funds therefor; and providing an effective date (Bid 3460 ? Three Year Contract for Waterford Series Decorative Concrete Streetlight Poles awarded to Lonestar Prestress Manufacturing, Inc. in the annual estimated amount of $69,000). The Public Utilities Board recommended approval (5-0). G. 2006-072 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of Automatic Meter Reading System; providing for the expenditure of funds therefor; and providing an effective date (Bid 3449?Three Year Contract for Automatic Meter Reading System awarded to the lowest responsible bidder meeting specifications for each item in the annual estimated amount of $106,840). The Public Utilities Board recommended approval (5-0). H. 2006-073 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Irrigation Parts and Supplies; providing for the expenditure of funds therefor; and providing an effective date (Bid 3464 ? Annual Contract for Irrigation Parts and Supplies awarded to Longhorn Supply Inc. in the estimated amount of $64,000). I. 2006-074 - An ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of Malcolm Pirnie, Inc. to provide engineering services for the preliminary design of the Lake Lewisville Water Treatment Plant Upgrade; authorizing the expenditure of funds therefor; and providing an effective date (File 3430 in an amount not to exceed $200,000). The Public Utilities Board recommended approval (5-0). J. 2006-075 - An ordinance of the City of Denton, Texas approving an Agreement between the City of Denton and the North Texas Umpire Association; approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 3473 ? Agreement with North Texas Umpire Association in the amount of $40 per game for an estimated award of $44,000). K. 2006-076 - An ordinance approving the extension of an agreement between the City of Denton and the Historical Park Foundation of Denton County, Inc., for the payment and use of hotel tax revenue; and providing an effective date. City of Denton City Council Minutes March 7, 2006 Page 6 L. R2006-008 - A resolution allowing Tejas Storytelling Association to be the sole participant allowed to sell alcoholic beverages in the Civic Center Park at the Texas Storytelling Festival on March 31 - April 2, 2006, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommended approval (5-0). M. 2006-077 - An ordinance of the City of Denton, Texas authorizing payment of the award of special commissioners into the registry of the court in condemnation proceedings styled Cause No. The City of Denton, Texas v. Julian Chavez, et al, ED-2005-00088 pending in the probate court of Denton County, Texas; and declaring an effective date. N. Approved the minutes of: February 6, 2006 February 7, 2006 4.PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding an amendment to Subchapter 4 of the Denton Development Code, concerning the Development Review Committee. The Planning and Zoning Commission recommended approval (5-0). . (DCA05-0013, Amendment to 35.4.4 Development Review Committee Kelly Carpenter, Director of Planning and Development stated that the proposal was housekeeping in nature to complete a sentence left out in the original ordinance. 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. 2006-078 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.4 OF THE DENTON DEVELOPMENT CODE PERTAINING TO THE DEVELOPMENT REVIEW COMMITTEE; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (DCA05-0013) Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. B. The Council continued a public hearing and considered adoption of an ordinance regarding an Alternative Development Plan for a proposed Retail and Office development on City of Denton City Council Minutes March 7, 2006 Page 7 approximately 25 acres. The subject property was generally located on the Northwest corner of University Drive and Old North Road intersection. The property was located in a Neighborhood Residential Mixed Use (NRMU) zoning district and Commercial Mixed Use General (CM-G) zoning district. The purpose of the Alternative Development Plan was to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommended approval with conditions (7-0). (ADP05-0008, The Shops at Old North) Kelly Carpenter, Director of Planning and Development, stated that staff had met with the developer regarding revisions to his alternative development plan relative to the expectations of the framework of an alternative development plan. The applicant had submitted an amended alternative development plan on December 9, 2005 which staff recommended denial. The revised ADP specifically stated that it was applicable to parking in front of buildings only; the site plan also included several additional elements that were potentially not compliant with landscaping, parking, and circulation. The Planning and Zoning Commission, at its meeting of January 11, 2006, recommended approval for two rows of parking between the building and the street with the conditions to provide a three-foot high berm along University Drive frontage outside the eight-foot easement, provide a three foot high hedge along University Drive frontage outside the eight-foot easement and planted in front of the berm, and provide a 12.5 foot landscape area in addition to the required 10 feet wide landscape area planted with one large tree for every 40 linear feet. After a meeting on February 21, 2006 the applicant submitted a revised ADP showing reduced parking spaces but still exceeding code maximums by 29 spaces and continued to include several additional elements that were potentially not complaint with landscaping, circulation and driveway standards. Council discussed whether the site plan presented showed multiple plots or one lot. Carpenter indicated the preliminary plan was for multiple lots. The Mayor indicated that the public hearing would continue at this point. Thomas Glendenning ? representing the developer ? spoke in favor of the proposal. Having the two rows of parking already approved was good marketing for the proposed development. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-079 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 25 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHWEST CORNER OF UNIVERSITY DRIVE AND OLD NORTH ROAD INTERSECTION, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT, AND A COMMERCIAL MIXED USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR THE LIMITED PURPOSE OF ALLOWING PARKING BETWEEN THE STREET AND THE BUILDING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE City of Denton City Council Minutes March 7, 2006 Page 8 MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP05-0008) Mulroy motioned to approve for parking as shown only - no other items. City Attorney Snyder requested a clarification of the parking. Carpenter stated it was two rows of parking in the front of the building plus the Planning and Zoning Commission?s conditions. Mulroy clarified the motion to include the two rows of parking but that the parking count would include all parking plus the conditions from the Planning and Zoning Commission. This would capture the total count for parking. Kamp seconded the motion. City Attorney Snyder asked if the motion was for the exact parking configuration as shown. Mulroy indicated that if a wholesale change was needed, it should return to the Council for approval. The staff would be able to make minor changes administratively. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance approving the acquisition of professional audit services for the review of royalties paid to the City of Denton for gas well leases within the City of Denton; authorizing the City Manager or his designee to execute a professional services agreement with Diversified Utility Consultants, Inc.; authorizing the expenditure of airport gas well revenues for the audit of airport gas wells; authorizing the expenditure of additional funds for audit services subject to the City Manager?s approval; and providing an effective date. The Airport Advisory Board recommended approval (6-0). Mark Nelson, Chief Transportation Officer, stated that this item was for a professional services contract for a review audit of all producing gas wells in the city of Denton. The Airport Advisory Board had reviewed the airport portion of the contract. Staff was recommending a review of all gas wells operated for the city. The following ordinance was considered: NO. 2006-080 AN ORDINANCE APPROVING THE ACQUISITION OF PROFESSIONAL AUDIT SERVICES FOR THE REVIEW OF ROYALTIES PAID TO THE CITY OF DENTON FOR GAS WELL LEASES WITHIN THE CITY OF DENTON; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC.; City of Denton City Council Minutes March 7, 2006 Page 9 AUTHORIZING THE EXPENDITURE OF AIRPORT GAS WELL REVENUES FOR THE AUDIT OF AIRPORT GAS WELLS; AUTHORIZING THE EXPENDITURE OF ADDITIONAL FUNDS FOR AUDIT SERVICES SUBJECT TO THE CITY MANAGER?S APPROVAL; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. B. The Council considered nominations/appointments to the City?s Boards and Commissions. No nominations/appointments were made at this time. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Tomasa Garcia regarding Federacion Latino-Americana de Futbol Soccer. Ms. Garcia presented concerns regarding the Federacion Latino-Americana de Futbol Soccer Association. She had delivered to Council a memo regarding the problems with the Association. A formal organization had been formed to coordinate the different teams associated with the league. They now needed help from Council to become recognized by the Parks Department and to have access to the soccer fields, which currently they did not have. B. Robert Donnelly regarding tax credit apartments. Mr. Donnelly asked Council for explanation of a vote taken on June 7, 2005 expanding an existing tax credit apartment complex. The new development was too close to the existing development in violation of the regulations. C. Gerald DeMarsh regarding Police Department issues. Mr. DeMarsh was not present. D. Kent Bass regarding City Barge on Lake Lewisville. Mr. Bass stated that he owned a lot adjoining the city?s intake on Lake Lewisville. He was trying to get the City to address the issue regarding the city?s barge on Lake Lewisville. He was concerned that the barge was unsightly and creating a situation where it was impairing their ability to enjoy the lot. He was asking the City to move the barge to the east 100 feet to get it out of his line of vision. He had even offered to pay to have it moved. To this point he was not give a good reason not to move the barge. City of Denton City Council Minutes March 7, 2006 Page 10 Mayor Brock asked Mr. Bass if the barge was there when he purchased the property. Mr. Bass replied yes but he thought the City would move it if asked. E. Bob Clifton regarding City business. Mr. Clifton presented a slide show regarding the painting of the city?s water towers. He presented pictures of his neighbor?s yard and neighbor?s dogs. There was no certificate of occupancy for living at the location where his neighbor was located. Animal Control should be able to assist with the dogs chained in the yard. F. Willie Hudspeth regarding concerns of Southeast Denton. Jordan Hudspeth stated that Eureka Park was dangerous due to the poison wood at the park. Hagar Hudspeth presented a video regarding a requested crossing guard at Woodrow and Morse Streets. Cars would not stop to let children cross the street. Lanisha Hudspeth spoke regarding the lack an African American firefighter in the city of Denton and presented a video clip from a speech by Martin Luther King, Jr. Willie Hudsepth spoke regarding the issues presented by his grandchildren. Why was there no crossing light in southeast Denton on Woodrow and Morse? He wanted his grandchildren to go to Eureka but could not due to the poison wood. He questioned again why there still was no African American firefighter in Denton. G. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudsepth spoke as noted above. H. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth spoke as noted above. I. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth spoke as noted above. D. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Mayor Brock requested a report on the progress to eliminate dumpsters on streets and sidewalks. 2. Mayor Brock requested an update on Western Blvd. City of Denton City Council Minutes March 7, 2006 Page 11 E. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Interim City Manager Martin did not have any items for Council. F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. G. 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 8:00 p.m. ______________________________ EULINE BROCK MAYOR CITY OF DENTON, TEXAS ______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS DRAFT Parks, Recreation and Beautification Board Minutes April 3, 2006 Members present: Geri Aschenbrenner, Teresa Andress, Patrice Lyke, and Jo Kuhn. Members absent: Ross Richardson and Reginald Heard. Chairman Teresa Andress called the meeting to order at 6:00 p.m. Awards and Recognition - None Approvals of Minutes of March 6, 2006 ? Minutes were approved as distributed. ACTION ITEMS ? Janet reviewed the Public Art Policy that had been discussed at the March board Public Art Policy meeting. The draft policy under Section V Funding ? Public Funding reads, ? Annually, commencing with program year 2007, at least 2.4% of the total Hotel Occupancy Tax revenues will .? Janet said it had be allocated for public arts projects as allowed under Texas Tax Code 351.103 c been recommended to change the policy wording from ?can? to ?will?. Jo expressed her concerns that the committee proposed the policy as worded and recommended the policy not changed from ?will? to ?can?. ACTION: Jo made a motion to recommend approval of the Public Art Policy as drafted with the wording ?will? and support of an ordinance, which establish the Public Art Committee as an advisory committee of the Parks, Recreation and Beautification Board. Patrice seconded the motion and it was approved with a vote of 4-0. ? Janet said the Cinco de Mayo is requesting to sale Request to Sale Alcohol at Cinco de Mayo alcohol at the Cinco de Mayo Celebration as they had in previous years. The event is to be held in Civic Center Park on May 6, 2006. Geri asked if proper security would be at the event. Janet said yes and that there haven?t been any security issues at the previous events and that the same level of security will be provided at this year?s event. ACTION: Geri made a motion to approve the Cinco de Mayo request to sale alcohol in the Civic Center Park on May 6, 2006. Patrice seconded the motion and it was approved with a vote of 4-0. ? Janet said the Summer Food Program began in 1992 and is Summer Food Lunch Program funded by a federal grant program. The Summer Food Service Program has 16 locations and in 2005, there were 34,201 lunches served at a cost of $85,655. ACTION: Patrice made a motion to support the Summer Food Service Program and Geri seconded the motion. The motion was approved with a vote of 4-0. Exhibit 4 DRAFT ? Bob said the Board is being asked to consider Resolution of Support for STEP Projects adoption of a resolution of support for the submission of a Statewide Transportation Enhancement Program (STEP) grant applications to TXDOT to provide improved pedestrian/bike infrastructure and enhanced streetscapes adjacent to the proposed Downtown Multi-Modal Station, Hickory Street Corridor and Arts Walk and the Denton Branch Rail Trail Bridgesfor two bridges over Pecan Creek and Loop 288 on the Denton Branch Rail Trail. ACTION: Geri made a motion to support the resolution of support for the STEP projects and Jo seconded the motion. The motion was passed with a vote of 4-0. DISCUSSION ITEMS th ? Janet said that at the January 10 Committee on the Environment Ed Soph was Eureka Signage asked to work with Dr. Kenny Banks, of the City of Denton, on making changes to the signage and website on the Eureka Playground at South Lakes Park. The Board discussed existing signs and staff reviewed the wording. The Board came to a consensus that the existing signs and website information was adequate and would not recommend any changes at this time. DIRECTOR?S REPORT Project Status Report ? Bob said the pool enhancement bids were too high and it Civic Center Pool Enhancements will be re-bid in May. Construction is anticipated to begin as soon as the pool closes in the fall. ? Bob announced that an anonymous donation for a Clear Creek Natural Heritage Area matching grant has been made in the amount of $100,000 to construct a program and maintenance building and hat $100,000 in CIP funds will be moved forward for design and infrastructure construction. ? There were no questions on the distributed report. Bob reminded the Keep Denton Beautiful Board that the Redbud Festival is this weekend on the Courthouse on the Square lawn. th Bob informed the Board that the Dog Park dedication is scheduled for May 8. He asked the board if they would like a tour of the Dog Park, Rail Trail and the Clear Creek Heritage Area. The board said they would like a tour and asked staff to poll the board for a convenient date. There being no further business, the meeting was adjourned at 6:50 p.m. Exhibit 4 AGENDA INFORMATION SHEET AGENDA DATE: April 18, 2006 DEPARTMENT: Parks and Recreation Department CM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance amending Chapter 22 ?Parks and Recreation?, Code of Ordinances, City of Denton. Texas by adding to Section 22-4, Code of Ordinances, ?duties? to include that the board shall have the duty to make recommendations to the City Council and the Parks and Recreation director regarding policy matters related to public art; adding Section 22-6, providing for a City Council appointed nine-member Public Art Committee of the Parks, Recreation and Beautification Board; and providing for an effective date. Parks, Recreation and Beautification Board recommends approval 4-0. BACKGROUND The Public Art Policy, considered for approval by the City Council on April 18, 2006, includes a section related to the administration of the policy. It states: The City Council shall establish and appoint a Public Art Committee that will serve in an advisory capacity to the Parks, Recreation and Beautification Board. This Public Art Committee, established by separate ordinance, will make recommendations on the: Commissioning, placing, and installing of public art Implementation of funding mechanism(s) for public art Effective and efficient management of public art Ongoing maintenance of public art Accessioning, deaccessioning and resiting of public art The Public Art Committee will provide an annual report detailing its goals and accomplishments related to the implementation of this policy. The Parks and Recreation Department will administer the Public Art Policy for the City of Denton in collaboration with GDAC. The Denton City Council will appoint two members representing the GDAC to the Public Arts Committee. The GDAC Board of Directors will nominate these members. GDAC Executive Director and the Parks & Recreation Director will serve as ex-officio members on the Public Art Committee. The Public Art Committee will develop detailed guidelines outlining all aspects involved with the implementation of this policy. The appointed members terms, attendance and meeting structure will follow those established for the Parks, Recreation and Beautification Board in sections 22-1, 22-2, and 22-3 in the Code. This ordinance establishes the Public Art Committee as directed in the Public Art Policy. Upon adoption of this ordinance, Council will be asked to begin making appointments to the Public Art Committee, to be able to begin meeting officially in July 2006. The Public Art Policy was established as a broad and flexible document to provide for future and unforeseen circumstances. It is understood that issues not specifically prohibited in the policy are not necessarily allowable, and that all actions and recommendations of the Public Art Committee must comply with all local, state and federal laws and regulations. RECOMMENDATION At its February 16, 2006, meeting the Public Art Policy Development Task Force voted unanimously to recommend the Public Art Policy including the formation of a Public Art Committee as drafted for approval. At the April 3, 2006 meeting, Parks, Recreation and Beautification Board recommended approval with a vote of 4-0. OPTIONS Council may adopt the ordinance as presented, direct staff to make changes and reschedule the item, or deny the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 7, 2005 Parks, Recreation and Beautification Board reviews policy development process as Discussion Item. November 15, 2005 City Council reviews policy development in Work Session March 6, 2006 Parks, Recreation and Beautification reviews policy as Discussion Item March 7, 2006 City Council reviews policy in Work Session April 3, 2006 Parks, Recreation and Beautification Board recommends approval 4-0. FISCAL INFORMATION The Public Art Committee will be supported by the Parks and Recreation Department General Fund budget for miscellaneous meeting costs, such as copies and postage. EXHIBITS 1. Public Art Committee Resolution 2. Public Art Policy 3. City Council meeting minutes ? March 7, 2006 4. Parks, Recreation and Beautification Board minutes ? April 3, 2006 Respectfully submitted: Janet Fitzgerald, Director Parks and Recreation Department City of Denton Public Art Policy I.Intent and Purpose The City of Denton?s Public Art Policy confirms the commitment that the Denton community has for sustaining and promoting its unique, creative identity. Art enhances the cultural, physical, and psychological environment by enlivening and humanizing 1 public spaces. As stated in The Denton Plan: ?Public art provides a number of benefits to the city. It can create interest, create local distinctiveness, provide a memorable image associated with the city or certain districts within the city, lend character to urban spaces, and make the urban environment more attractive.? Denton has experienced a rich tradition of promoting the arts for over a century. The first art course was taught at the University of North Texas (Texas Normal College and Teacher Training Institute) in 1894 and at Texas Woman?s University (Girls Industrial College) in 1901. Both art programs have had a significant impact on Denton, which continues today, making it a home for hundreds of professional artists and influencing Denton?s visual heritage. In recognition of the role that public art already plays in Denton, by interpreting its history, character, and aspirations, and of the importance of integrating public art into the daily lives of its citizens, the City of Denton?s Public Art Policy is established to achieve the following goals: Create distinct, attractive, and inviting public space by including public art as an integral part of the design of spaces and around development. Celebrate Denton?s cultural heritage and diversity by encouraging collaboration between artists and the community. Distinguish Denton?s image in the metroplex by providing for the creation of quality public art in locations of prominent stature. Foster community education and enjoyment of public art. Promote a community environment that attracts artists to live and work, businesses to invest and locate, and residents to thrive. Encourage participation in the provision of public art through public and private investment. Advance collaboration between the City of Denton and the Greater Denton Arts Council (GDAC) in achieving the goals of this policy. 1 Denton Plan 1999-2020 Comprehensive Plan of the City of Denton, Texas Policies, Goals, Strategies & Implementation. - 1 - Exhibit 2 II. Definition of Public Art Public art, as defined by this policy, encompasses the broadest definition of visual art including all artistic disciplines. Public art governed by this policy shall be art that is visually or physically accessible to the public and that is acquired by, donated to, and approved by the City of Denton. Public art that is neither paid for with public funds, nor created through special conditions by approval of the City of Denton, is not governed by this policy. III. Policy Administration The City Council shall establish and appoint a Public Art Committee that will serve in an advisory capacity to the Parks, Recreation and Beautification Board. This Public Art Committee, established by separate ordinance, will make recommendations on the: Commissioning, placing, and installing of public art Implementation of funding mechanism(s) for public art Effective and efficient management of public art Ongoing maintenance of public art Accessioning, deaccessioning and resiting of public art The Public Art Committee will provide an annual report detailing its goals and accomplishments related to the implementation of this policy. The Parks and Recreation Department will administer the Public Art Policy for the City of Denton in collaboration with GDAC. The Denton City Council will appoint two members representing the GDAC to the Public Arts Committee. The GDAC Board of Directors will nominate these members. GDAC Executive Director and the Parks & Recreation Director will serve as ex-officio members on the Public Art Committee. The Public Art Committee will develop detailed guidelines outlining all aspects involved with the implementation of this policy. IV.Community Involvement The Parks, Recreation and Beautification Board and the City Council ensure citizen involvement through the establishment of the Public Art Committee and the review and approval of each public art project. In addition, the Public Art Committee will work with GDAC and local educational institutions to educate and inform citizens about projects and the process for involvement. V. Funding Funding for public art should be realized from both public and private sources to insure a broad and balanced program. - 2 - Exhibit 1 Public Funding The City of Denton shall include a base of 2% for the arts from all future Capital Improvement Programs, with the option and flexibility to increase to a 4% maximum, based on needs and economic conditions. Funds appropriated will be utilized to support City approved and initiated projects. Funds from individual projects can be combined into aggregate project(s). Annually, commencing with program year 2007, at least 2.4% of the total Hotel Occupancy Tax revenues can be allocated for public arts projects as allowed under Texas Tax Code 351.103 (c). This represents 16.01% of the 15% maximum that is allowed for the arts category, and allows for sustained funding of existing agencies in the arts category and provides a balance for potentially new agencies.Funding eligibility will be contingent on fulfillment of financial, reporting, and use requirements as outlined by the Hotel Occupancy Tax Program Guidelines. Tax abatements to developers that include publicly accessible art as a significant component of the development are outlined in the Denton Policy for Tax Abatement. Fifty percent of the tax abatement savings from 5% abatement should be committed to public art. Private Funding The Parks and Recreation Department, Public Art Committee, and GDAC will actively pursue public and private sources to fund public art initiatives. Individuals, businesses and organizations will also be encouraged to make contributions. All funds for public art received by the City of Denton from any source other than Capital Improvement Programs and HOT funds will be deposited in a public art agency account established by the City of Denton. This fund will be used to support city-initiated projects as approved by the City of Denton. The Parks and Recreation Department will administer this fund and agency account. The Public Art Committee will have responsibility for making recommendations for allowable uses of these funds with final approval by the City Council. VI. Site Selection As established in The Denton Plan: The provision of public art will normally be expected as part of any large development scheme. Public art should be considered as an integral part of the design of space in and around development. - 3 - Exhibit 1 The Public Art Committee should adopt standards to guide the placement of art in public places such as landmarks, view corridors, pockets, traffic circles, and other locations of prominent stature. Site locations for public art will be identified and recommended by the Public Art Committee to the Parks, Recreation and Beautification Board, with final approval by the City Council. The Public Art Committee will make its recommendations to: Complement and supplement other planning documents and adopted masterplans. Insure visual and physical access by the public. Insure suitability and appropriateness of art to the site. Provide a balanced and equitable distribution of art in the city. Allow for efficient management and maintenance of the art at the site location. VII. Eligible Projects The Public Art Committee will be responsible for the development of specific guidelines in making recommendations for eligible projects. In general, eligible projects will include: The commissioning of permanent works designed for specific public sites in Denton The loan, purchase, or donation of art works The installation of short-term projects that result in the creation of temporary or permanent public art VIII. Art and Artist Selection The Public Art Committee will develop and adopt specific criteria for the selection of artists and artwork with final approval from the City Council. Methods used for artist selection may include open competition, invitational competition, or direct selection and must comply with all laws, regulations, and city policies governing purchasing. IX.Ownership and Copyright Permanent pieces of public art shall be the property of the City of Denton. The City shall own the physical work, with unlimited reproduction rights allowed the City for appropriate promotional and educational purposes. Legal title and copyrights in any work of public art will be spelled out contractually between the City and the artist/owner. X. Maintenance Prior to acceptance of any piece of artwork, the Public Art Committee is required to develop a recommendation for its short and long-term maintenance, including a budget for each project. All permanent public art projects must have a maintenance plan that projects both staff time and funding required to properly maintain the work. The City of - 4 - Exhibit 1 Denton shall be responsible for the maintenance and management of city initiated public art projects. XI. Accessioning, Deaccessioning, and Resiting of Public Art Gift acceptance and placement of public art should be in accordance with historic use and in keeping with the City of Denton general public art goals. The quality, scale, and character of the gift should be appropriate to the particular setting. Donations of works that require the City of Denton to pay installation, framing, restoration, or repair are not encouraged. The City of Denton will evaluate such expenditures at the time the gift is considered. Works of art requiring high or excessive maintenance may be declined. All donations of art must be reviewed by the Public Arts Committee and the Parks, Recreation and Beautification Board, and must be approved by the City Council. In accordance with the provisions of guidelines established by Public Art Committee, the City of Denton shall deaccession and dispose of works of art in its collection only when it finds such action to be in the public interest or as a means of improving the quality of the collection or public safety. Works of public art may be relocated or removed if a gift or commissioned piece becomes a hazard or liability or if the approved terms of acceptance are not fulfilled. Works of art that meet the definition for public art covered by this policy but which came into existence prior to the adoption of the policy will be subject to this same deaccessioning procedure. XII. Temporary Exhibits Public art projects may include installations, artist-in-residence programs, and other short-term projects that result in the creation of temporary public art. XIII. Lending Policy Artwork may be loaned to other agencies or entities if deemed appropriate by the Public Art Committee with final approval of the City Council. The Public Art Committee will be responsible for recommending criteria for establishing a lending policy. The Denton Public Art Policy is based upon the Arlington County, Virginia, Public Art Policy. - 5 - Exhibit 1 CITY OF DENTON CITY COUNCIL MINUTES March 7, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 7, 2006 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None Item #2 was considered. 2. The Council received a report, held a discussion and gave staff direction on a Public Art Policy. Janet Fitzgerald, Director of Parks and Recreation, stated that the draft public art policy would be presented at this meeting. She introduced the members of the committee that drafted the policy. The process was started in November at the direction of Council to draft the policy. In December the task force began meeting. The proposed draft policy was modeled after a policy from Arlington County, Virginia. Roni Beasley, Chair-Public Art Policy Development Task Force, reviewed the procedures that the task force followed to reach the draft policy. Those procedures included intent and purpose of the task force, a definition of public art, the procedures for policy administration, role of the committee, other major components including community involvement, site selection criteria, project eligibility, art and artist selection, ownership and copyright, maintenance, accessioning, deaccessioning and resiting, temporary exhibits, and a lending policy. Jerry Mohelintzky, Task Force member, spoke on public funding. Suggested funding sources were divided into CIP funding, hotel occupancy tax revenues, and tax abatements. State and federal funding might also be available. Private funding included grants, foundations, and contributions from individuals, businesses and organizations. Council discussion ? Consider a sliding scale formula similar to the HOT funds rather than a fixed percentage. The purpose of the proposal was to establish a formula/program for funding for public art. The Council needed to commit to funding for the program. Why would the Committee act as a subset of the Parks Board rather than be a freestanding committee? Beasley replied that the Parks Board would have the task of installing and maintaining the pieces so input from that Board would be essential. Why were nine members suggested instead of seven as other council boards? Beasley replied that nine members would allow for some appointments from the arts community with expertise in the arts. Change the wording to ?Council appointments? rather than ?individual appointments. Consider whether the Committee needed direct line to council for decision-making ? Fitzgerald stated that the majority of the art would be on public property maintained and managed by the Parks Department. It was felt that the Committee needed to follow that chain of command. The Committee would be able to submit a minority report to council if the Parks Board did not approve a piece of art. Exhibit 3 City of Denton City Council Minutes March 7, 2006 Page 2 GDAC was indicated as the arts representative of the city. Was that officially approved anywhere. Beasley stated that the policy was recognizing the role of GDAC in policy and selection of art for the city. Consensus of Council was to proceed with the recommendation. Council returned to the regular agenda order. 1. The Council received a report, held a discussion and gave staff direction concerning the establishment of a City Council Ad Hoc Development Review Committee. Interim City Manager Martin stated that Council had requested this item and staff had placed information in the backup for Council consideration and direction. Council discussion ? Formation of the committee would help compress the time frame for council consideration of the Code review. This committee would help analyze the review of the code. Council Member Mulroy and Mayor Pro Tem McNeill volunteered to be on the committee. A nominating committee made up of Council Members Mulroy and Kamp and Mayor Pro Tem McNeill would make recommendations to the entire council for the remaining members. Consensus of the Council was to proceed with formation of the committee. 3. The Council received a report, held a discussion and gave staff direction on possible amendments to requirements for parking in front of buildings and to criteria for Alternative Development Plans (ADPs). Kelly Carpenter, Director of Planning and Development, stated that currently the Code required parking behind or beside a building and not in front of the building. There had been eleven or twelve alternative development plans that had requested parking in front of the building. She presented visuals on how parking might look if allowed in front of buildings. Landscaping requirements might include a 15 foot landscaping area, 18 feet of first row of parking, a 24 foot drive aisle, 18 feet of second row of parking, 5 feet of walkway and 5 feet landscape area in front of building which could be paved if pots or planters were incorporated. Another challenge with an alternative development plan was a speculative development project that did not know what was going to be developed on each parcel. Consensus of the council was to continue with the process. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for March 7, 2006. City of Denton City Council Minutes March 7, 2006 Page 3 Following the completion of the 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. Closed Meeting: A. Consultation with Attorney ? Under Texas Government Code Section 551.071 1. Consulted with the City?s attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City?s northern ETJ, under Annexation Case No. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters would conflict with the duty of the City?s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City?s legal position in any administrative proceedings or potential litigation. 2. Consulted with the City's Attorneys, and receipt of legal advice, regarding potential bargaining issues to be raised by management team representatives during Meet and Confer negotiations with the International Association of Fire Fighters Local 1291, pursuant to Texas Local Government Code sec. 142.101, et seq. A private caucus on this topic is specifically authorized by Texas Local Government Code 142.113(b), and public discussion would otherwise conflict with the duties of the City's attorneys to maintain confidential communications with the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 3. Received legal advice from the City Attorney regarding the Award of Special Commissioners and procedural options in condemnation proceedings styled The City of Denton, Texas v. Julian Chavez, et al., Cause No. ED-2004-00088 pending in the Probate Court of Denton County, Texas. Regular Meeting of the City of Denton City Council on Tuesday, March 7, 2006 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. City of Denton City Council Minutes March 7, 2006 Page 4 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Brock presented the following proclamations: Professional Social Work Month American Red Cross Month 3. CONSENT AGENDA Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. A. 2006-068 - An ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton Amendment No. 2 to an Airport Project Participation Agreement with the Texas Department of Transportation dated January 8, 2002 relating to the construction of improvements at the Denton Municipal Airport, and declaring an effective date. The Airport Advisory Board recommended approval (5-0.) B. R2006-007 - A resolution of the City Council of the City of Denton, Texas, adopting Section 33.11 of the Texas Property Tax Code; providing for imposing an early collection costs penalty for taxes imposed on personal property; and providing an effective date. C. Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1.Target/Dayton Hudson Corp Overpayment 2005$27,491.49 2. Target/Dayton Hudson Corp Overpayment 2005 $19,764.87 3.Sybra Inc/Arby?s Erroneous Payment 2005$15,785.19 4. Sybra Inc/Arby?s Overpayment 2005 $11,035.70 5.Sybra Inc/Arby?s Erroneous Payment 2005$ 9,883.93 6. Sybra Inc/Arby?s Overpayment 2005 $ 5,011.79 7.Ford Family Partners Duplicate Payment 2005$ 2,982.97 8. First Horizon Home Loans Erroneous Payment 2005 $ 1,211.32 9.Saxon Mortgage/Annette Franklin Duplicate Payment 2004$ 881.84 10. LandAmerica/Debra Hill Duplicate Payment 2004 $ 858.55 11. Tax Ease Funding/Milton & Maria Overpayment 2005$ 803.15 Fairley D. 2006-069 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of HDPE Pipe and Accessories for the City of Denton Solid Waste Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3448 ? Annual Contract for HDPE Pipe and Accessories awarded to the lowest responsible bidder, Forrer Supply Company, Inc. in the annual estimated amount of $30,000). The Public Utilities Board recommended approval (5-0). City of Denton City Council Minutes March 7, 2006 Page 5 E. 2006-070 -- An ordinance accepting competitive bids and awarding a two year contract for the purchase of Manual PME 9,10 and 11 Padmounted Switchgear; providing for the expenditure of funds therefor; and providing an effective date (Bid 3457 ? Two Year Contract for Manual PME 9,10 and 11 Padmounted Switchgear awarded to the lowest responsible bidder, Priester Supply, in the annual estimated amount of $255,119). The Public Utilities Board recommended approval (5-0). F. 2006-071 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of Waterford Series Decorative Streetlight Poles; providing for the expenditure of funds therefor; and providing an effective date (Bid 3460 ? Three Year Contract for Waterford Series Decorative Concrete Streetlight Poles awarded to Lonestar Prestress Manufacturing, Inc. in the annual estimated amount of $69,000). The Public Utilities Board recommended approval (5-0). G. 2006-072 - An ordinance accepting competitive bids and awarding a three year contract for the purchase of Automatic Meter Reading System; providing for the expenditure of funds therefor; and providing an effective date (Bid 3449?Three Year Contract for Automatic Meter Reading System awarded to the lowest responsible bidder meeting specifications for each item in the annual estimated amount of $106,840). The Public Utilities Board recommended approval (5-0). H. 2006-073 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Irrigation Parts and Supplies; providing for the expenditure of funds therefor; and providing an effective date (Bid 3464 ? Annual Contract for Irrigation Parts and Supplies awarded to Longhorn Supply Inc. in the estimated amount of $64,000). I. 2006-074 - An ordinance authorizing the City Manager to execute a Professional Services Agreement with the firm of Malcolm Pirnie, Inc. to provide engineering services for the preliminary design of the Lake Lewisville Water Treatment Plant Upgrade; authorizing the expenditure of funds therefor; and providing an effective date (File 3430 in an amount not to exceed $200,000). The Public Utilities Board recommended approval (5-0). J. 2006-075 - An ordinance of the City of Denton, Texas approving an Agreement between the City of Denton and the North Texas Umpire Association; approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 3473 ? Agreement with North Texas Umpire Association in the amount of $40 per game for an estimated award of $44,000). K. 2006-076 - An ordinance approving the extension of an agreement between the City of Denton and the Historical Park Foundation of Denton County, Inc., for the payment and use of hotel tax revenue; and providing an effective date. City of Denton City Council Minutes March 7, 2006 Page 6 L. R2006-008 - A resolution allowing Tejas Storytelling Association to be the sole participant allowed to sell alcoholic beverages in the Civic Center Park at the Texas Storytelling Festival on March 31 - April 2, 2006, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommended approval (5-0). M. 2006-077 - An ordinance of the City of Denton, Texas authorizing payment of the award of special commissioners into the registry of the court in condemnation proceedings styled Cause No. The City of Denton, Texas v. Julian Chavez, et al, ED-2005-00088 pending in the probate court of Denton County, Texas; and declaring an effective date. N. Approved the minutes of: February 6, 2006 February 7, 2006 4.PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding an amendment to Subchapter 4 of the Denton Development Code, concerning the Development Review Committee. The Planning and Zoning Commission recommended approval (5-0). . (DCA05-0013, Amendment to 35.4.4 Development Review Committee Kelly Carpenter, Director of Planning and Development stated that the proposal was housekeeping in nature to complete a sentence left out in the original ordinance. 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. 2006-078 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.4 OF THE DENTON DEVELOPMENT CODE PERTAINING TO THE DEVELOPMENT REVIEW COMMITTEE; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (DCA05-0013) Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. B. The Council continued a public hearing and considered adoption of an ordinance regarding an Alternative Development Plan for a proposed Retail and Office development on City of Denton City Council Minutes March 7, 2006 Page 7 approximately 25 acres. The subject property was generally located on the Northwest corner of University Drive and Old North Road intersection. The property was located in a Neighborhood Residential Mixed Use (NRMU) zoning district and Commercial Mixed Use General (CM-G) zoning district. The purpose of the Alternative Development Plan was to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommended approval with conditions (7-0). (ADP05-0008, The Shops at Old North) Kelly Carpenter, Director of Planning and Development, stated that staff had met with the developer regarding revisions to his alternative development plan relative to the expectations of the framework of an alternative development plan. The applicant had submitted an amended alternative development plan on December 9, 2005 which staff recommended denial. The revised ADP specifically stated that it was applicable to parking in front of buildings only; the site plan also included several additional elements that were potentially not compliant with landscaping, parking, and circulation. The Planning and Zoning Commission, at its meeting of January 11, 2006, recommended approval for two rows of parking between the building and the street with the conditions to provide a three-foot high berm along University Drive frontage outside the eight-foot easement, provide a three foot high hedge along University Drive frontage outside the eight-foot easement and planted in front of the berm, and provide a 12.5 foot landscape area in addition to the required 10 feet wide landscape area planted with one large tree for every 40 linear feet. After a meeting on February 21, 2006 the applicant submitted a revised ADP showing reduced parking spaces but still exceeding code maximums by 29 spaces and continued to include several additional elements that were potentially not complaint with landscaping, circulation and driveway standards. Council discussed whether the site plan presented showed multiple plots or one lot. Carpenter indicated the preliminary plan was for multiple lots. The Mayor indicated that the public hearing would continue at this point. Thomas Glendenning ? representing the developer ? spoke in favor of the proposal. Having the two rows of parking already approved was good marketing for the proposed development. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-079 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 25 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHWEST CORNER OF UNIVERSITY DRIVE AND OLD NORTH ROAD INTERSECTION, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT, AND A COMMERCIAL MIXED USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR THE LIMITED PURPOSE OF ALLOWING PARKING BETWEEN THE STREET AND THE BUILDING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE City of Denton City Council Minutes March 7, 2006 Page 8 MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP05-0008) Mulroy motioned to approve for parking as shown only - no other items. City Attorney Snyder requested a clarification of the parking. Carpenter stated it was two rows of parking in the front of the building plus the Planning and Zoning Commission?s conditions. Mulroy clarified the motion to include the two rows of parking but that the parking count would include all parking plus the conditions from the Planning and Zoning Commission. This would capture the total count for parking. Kamp seconded the motion. City Attorney Snyder asked if the motion was for the exact parking configuration as shown. Mulroy indicated that if a wholesale change was needed, it should return to the Council for approval. The staff would be able to make minor changes administratively. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance approving the acquisition of professional audit services for the review of royalties paid to the City of Denton for gas well leases within the City of Denton; authorizing the City Manager or his designee to execute a professional services agreement with Diversified Utility Consultants, Inc.; authorizing the expenditure of airport gas well revenues for the audit of airport gas wells; authorizing the expenditure of additional funds for audit services subject to the City Manager?s approval; and providing an effective date. The Airport Advisory Board recommended approval (6-0). Mark Nelson, Chief Transportation Officer, stated that this item was for a professional services contract for a review audit of all producing gas wells in the city of Denton. The Airport Advisory Board had reviewed the airport portion of the contract. Staff was recommending a review of all gas wells operated for the city. The following ordinance was considered: NO. 2006-080 AN ORDINANCE APPROVING THE ACQUISITION OF PROFESSIONAL AUDIT SERVICES FOR THE REVIEW OF ROYALTIES PAID TO THE CITY OF DENTON FOR GAS WELL LEASES WITHIN THE CITY OF DENTON; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC.; City of Denton City Council Minutes March 7, 2006 Page 9 AUTHORIZING THE EXPENDITURE OF AIRPORT GAS WELL REVENUES FOR THE AUDIT OF AIRPORT GAS WELLS; AUTHORIZING THE EXPENDITURE OF ADDITIONAL FUNDS FOR AUDIT SERVICES SUBJECT TO THE CITY MANAGER?S APPROVAL; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins ?aye?, Kamp ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. B. The Council considered nominations/appointments to the City?s Boards and Commissions. No nominations/appointments were made at this time. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Tomasa Garcia regarding Federacion Latino-Americana de Futbol Soccer. Ms. Garcia presented concerns regarding the Federacion Latino-Americana de Futbol Soccer Association. She had delivered to Council a memo regarding the problems with the Association. A formal organization had been formed to coordinate the different teams associated with the league. They now needed help from Council to become recognized by the Parks Department and to have access to the soccer fields, which currently they did not have. B. Robert Donnelly regarding tax credit apartments. Mr. Donnelly asked Council for explanation of a vote taken on June 7, 2005 expanding an existing tax credit apartment complex. The new development was too close to the existing development in violation of the regulations. C. Gerald DeMarsh regarding Police Department issues. Mr. DeMarsh was not present. D. Kent Bass regarding City Barge on Lake Lewisville. Mr. Bass stated that he owned a lot adjoining the city?s intake on Lake Lewisville. He was trying to get the City to address the issue regarding the city?s barge on Lake Lewisville. He was concerned that the barge was unsightly and creating a situation where it was impairing their ability to enjoy the lot. He was asking the City to move the barge to the east 100 feet to get it out of his line of vision. He had even offered to pay to have it moved. To this point he was not give a good reason not to move the barge. City of Denton City Council Minutes March 7, 2006 Page 10 Mayor Brock asked Mr. Bass if the barge was there when he purchased the property. Mr. Bass replied yes but he thought the City would move it if asked. E. Bob Clifton regarding City business. Mr. Clifton presented a slide show regarding the painting of the city?s water towers. He presented pictures of his neighbor?s yard and neighbor?s dogs. There was no certificate of occupancy for living at the location where his neighbor was located. Animal Control should be able to assist with the dogs chained in the yard. F. Willie Hudspeth regarding concerns of Southeast Denton. Jordan Hudspeth stated that Eureka Park was dangerous due to the poison wood at the park. Hagar Hudspeth presented a video regarding a requested crossing guard at Woodrow and Morse Streets. Cars would not stop to let children cross the street. Lanisha Hudspeth spoke regarding the lack an African American firefighter in the city of Denton and presented a video clip from a speech by Martin Luther King, Jr. Willie Hudsepth spoke regarding the issues presented by his grandchildren. Why was there no crossing light in southeast Denton on Woodrow and Morse? He wanted his grandchildren to go to Eureka but could not due to the poison wood. He questioned again why there still was no African American firefighter in Denton. G. Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudsepth spoke as noted above. H. Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth spoke as noted above. I. Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth spoke as noted above. D. New Business The following items of New Business were suggested by Council Members for future agendas: 1. Mayor Brock requested a report on the progress to eliminate dumpsters on streets and sidewalks. 2. Mayor Brock requested an update on Western Blvd. City of Denton City Council Minutes March 7, 2006 Page 11 E. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Interim City Manager Martin did not have any items for Council. F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. G. 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 8:00 p.m. ______________________________ EULINE BROCK MAYOR CITY OF DENTON, TEXAS ______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS DRAFT Parks, Recreation and Beautification Board Minutes April 3, 2006 Members present: Geri Aschenbrenner, Teresa Andress, Patrice Lyke, and Jo Kuhn. Members absent: Ross Richardson and Reginald Heard. Chairman Teresa Andress called the meeting to order at 6:00 p.m. Awards and Recognition - None Approvals of Minutes of March 6, 2006 ? Minutes were approved as distributed. ACTION ITEMS ? Janet reviewed the Public Art Policy that had been discussed at the March board Public Art Policy meeting. The draft policy under Section V Funding ? Public Funding reads, ? Annually, commencing with program year 2007, at least 2.4% of the total Hotel Occupancy Tax revenues will .? Janet said it had be allocated for public arts projects as allowed under Texas Tax Code 351.103 c been recommended to change the policy wording from ?can? to ?will?. Jo expressed her concerns that the committee proposed the policy as worded and recommended the policy not changed from ?will? to ?can?. ACTION: Jo made a motion to recommend approval of the Public Art Policy as drafted with the wording ?will? and support of an ordinance, which establish the Public Art Committee as an advisory committee of the Parks, Recreation and Beautification Board. Patrice seconded the motion and it was approved with a vote of 4-0. ? Janet said the Cinco de Mayo is requesting to sale Request to Sale Alcohol at Cinco de Mayo alcohol at the Cinco de Mayo Celebration as they had in previous years. The event is to be held in Civic Center Park on May 6, 2006. Geri asked if proper security would be at the event. Janet said yes and that there haven?t been any security issues at the previous events and that the same level of security will be provided at this year?s event. ACTION: Geri made a motion to approve the Cinco de Mayo request to sale alcohol in the Civic Center Park on May 6, 2006. Patrice seconded the motion and it was approved with a vote of 4-0. ? Janet said the Summer Food Program began in 1992 and is Summer Food Lunch Program funded by a federal grant program. The Summer Food Service Program has 16 locations and in 2005, there were 34,201 lunches served at a cost of $85,655. ACTION: Patrice made a motion to support the Summer Food Service Program and Geri seconded the motion. The motion was approved with a vote of 4-0. Exhibit 4 DRAFT ? Bob said the Board is being asked to consider Resolution of Support for STEP Projects adoption of a resolution of support for the submission of a Statewide Transportation Enhancement Program (STEP) grant applications to TXDOT to provide improved pedestrian/bike infrastructure and enhanced streetscapes adjacent to the proposed Downtown Multi-Modal Station, Hickory Street Corridor and Arts Walk and the Denton Branch Rail Trail Bridgesfor two bridges over Pecan Creek and Loop 288 on the Denton Branch Rail Trail. ACTION: Geri made a motion to support the resolution of support for the STEP projects and Jo seconded the motion. The motion was passed with a vote of 4-0. DISCUSSION ITEMS th ? Janet said that at the January 10 Committee on the Environment Ed Soph was Eureka Signage asked to work with Dr. Kenny Banks, of the City of Denton, on making changes to the signage and website on the Eureka Playground at South Lakes Park. The Board discussed existing signs and staff reviewed the wording. The Board came to a consensus that the existing signs and website information was adequate and would not recommend any changes at this time. DIRECTOR?S REPORT Project Status Report ? Bob said the pool enhancement bids were too high and it Civic Center Pool Enhancements will be re-bid in May. Construction is anticipated to begin as soon as the pool closes in the fall. ? Bob announced that an anonymous donation for a Clear Creek Natural Heritage Area matching grant has been made in the amount of $100,000 to construct a program and maintenance building and hat $100,000 in CIP funds will be moved forward for design and infrastructure construction. ? There were no questions on the distributed report. Bob reminded the Keep Denton Beautiful Board that the Redbud Festival is this weekend on the Courthouse on the Square lawn. th Bob informed the Board that the Dog Park dedication is scheduled for May 8. He asked the board if they would like a tour of the Dog Park, Rail Trail and the Clear Creek Heritage Area. The board said they would like a tour and asked staff to poll the board for a convenient date. There being no further business, the meeting was adjourned at 6:50 p.m. Exhibit 4 AGENDA INFORMATION SHEET April 18, 2006 AGENDA DATE: Planning & Development DEPARTMENT: Howard Martin, 349-8232 CM: __________________________________________________________________________________ A06-0001 (Cole Ranch Annexation) SUBJECT Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 3,406 acres of land generally located west of Interstate 35 West, south of Tom Cole Road in the southwestern section of the City of Denton Extraterritorial Jurisdiction (ETJ). BACKGROUND Applicant: SLF Cole Property, LP Dallas, TX A voluntary annexation proceeding is being considered by the City of Denton for the Cole Ranch Development. In accordance with the City?s Annexation Policy Plan, approved in June 1993, the City will ?access on a case by case basis? the annexation of areas in the ETJ when significant developments are proposed. The applicant, SLF Cole Property, LP, petitioned for the voluntary annexation of approximately 3,406 acres of land into the City on January 30, 2006. The applicant is proposing to develop a mixed use development in four phases beginning in 2008 with a projected completion date of 2025. The applicant introduced the mixed use development to the City Council in a work session on January 30, 2006. On February 21, 2006, staff received direction from the City Council to proceed with the annexation. The City of Denton issued a letter of intent to annex to property owners on March 17, 2006. On March 31, 2006, neighboring property owners were notified of the voluntary annexation with an ?intent to annex? letter and official public hearing notification. To date, staff has received no letters in opposition from property owners within 200? of the proposed annexation area. (See Attachment 3). The Comprehensive Plan identifies this area to be within Rural Areas, Industrial Areas, Regional Mixed Use Centers, Employment Centers, and Neighborhood Centers land use designations and Environmentally Sensitive Areas. OPTIONS 1. Maintain land area. 2. Delete land area. 3. Amend Service Plan. 4. Deny. RECOMMENDATION Staff recommends that the annexation proceeds on schedule. ESTIMATED PROJECT SCHEDULE The annexation process is scheduled to be completed by July18, 2006. PRIOR ACTION/REVIEW The Denton City Council held a work session regarding the proposed development on January 30, 2006. The annexation request was again heard before the Denton City Council on February 21, 2006. The City Council directed staff to proceed with the annexation. FISCAL INFORMATION Development of this property will increase the assessed value of the city. It will require no short-term public improvements that are the responsibility of the city. ATTACHMENTS 1. Letter from Applicant 2. Annexation Schedule 3. Location Map 4. Service Plan 5. Service Analysis 6. Notification Map Prepared By: ___________________________ Lori Shelton Planner II Respectfully submitted: ______________________________ Brian Lockley, AICP Acting Planning & Development Director ATTACHMENT 1 Letter from Applicant ATTACHMENT 2 ANNEXATION SCHEDULE OF Cole Ranch Annexation (A06-0001) Tuesday, April 18, 2006 City Council conducts first public hearing at 6:30 PM Wednesday, April 26, 2005 Planning and Zoning Commission public hearing to make a recommendation to City Council regarding the proposed annexation. Tuesday, May 2, 2006 City Council conducts second public hearing at 6:30 PM Tuesday, May 23, 2006 City Council conducts first reading of annexation ordinance. (Special Called Meeting) Wednesday, May 24, 2006 Planning and Zoning Commission public hearings ? make a recommendation to City Council regarding the zoning and comprehensive plan amendment Tuesday, July 18, 2006 Second reading and adoption of annexation ordinance and public hearing for zone change and comprehensive plan amendment request. City Council by simple majority vote takes final action of zone change request. ATTACHMENT 3 Location Map ATTACHMENT 4 SERVICE PLAN CITY OF DENTON ANNEXATION PLAN FOR A06-0001 (Cole Ranch - I 35 and Tom Cole Road) I. AREA ANNEXED The annexation area is located in the southwestern portion of Denton?s Extraterritorial Jurisdiction and contains approximately 3,406.12 acres generally located west of Interstate 35 West, south of Tom Cole Road. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 10 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services (?EMS?). C. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. D. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. E. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. F. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a ?cost recovery? basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. G. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Denton Development Code of the Code of Ordinances, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city?s 1999-2020 comprehensive plan, by Ordinance 99- 439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Neighborhood Centers, Industrial Centers, Regional Mixed Use Centers, Employment Centers and 100 year Floodplain/ Environmentally Sensitive Areas. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. UTILITY (RATEPAYER) SERVICES H. Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City. The Department is an entirely fee based operation and received no resources from taxes. Solid waste collection service will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Residential and commercial properties have the option to choose solid waste service from a private company or the City of Denton during the first two years after the effective date of annexation, after which the City of Denton will become the exclusive service provider. The City of Denton Solid Waste Department will honor existing contracts with private solid waste service providers after the effective date of this annexation in accordance with Texas Local Government Code, Section 43.056(o) (Vernon Supp. 2000). To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office and submit a request/applicationfor service. I. Water/Wastewater Facilities Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment. Currently, the majority of the area to be annexed is provided with a private water well and a private wastewater system. A City of Denton waterline exists in the annexation area. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. J. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. K. Electrical Services Denton Municipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner. Electric utility service will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. II. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ½) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). ATTACHMENT 5 Service Analysis ANNEXATION REQUEST SERVICE AREA ANALYSIS A06-0001 The Planning and Development Department has received a request for annexation of: 3,406.12 acres on the west of Interstate 35 West, south of Tom Cole Road. See attached map. Size. 3,406.12 acres Location. West of Interstate 35 West, south of Tom Cole Road. The property is bounded by Tom Cole Road to the north. FM 2449 bisects the property near the center of the development and John Payne Road is the eastern boundary south of FM 2499. Underwood Drive is on the eastern side of the property north of FM 2449. Proposed use. Mixed use development consisting of residential, commercial, recreational, and industrial uses. Proposed zoning. Default Rural Development?5 (RD-5) until zoning component is finalized. The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please provide the requested information and any other pertinent information. To determine the city?s ability to provide services to the proposed area it is necessary to document: each department?s existing capacity to provide an adequate level of service to the proposed area; additional personnel and capital equipment/facilities necessary to provide an adequate level of service to the proposed area; and cost of providing additional service. Existing Conditions: Proximity to existing arterial and collector roads. Several rights of way traverse the property and the property is bounded by Tom Cole Road to the north, John Payne Road on the east, Underwood Drive on the east, and C. Wolfe Road on the west. Existing land use: Currently the vast majority of the property is undeveloped. One occupied residence exists on the property. Prominent natural features: The Environmentally Sensitive Areas map of the Denton Plan shows this property lies within a stream buffers area and Riparian Habitat. This property is affected by the 100 year floodplain, in the northeastern portion of the site. Proximity to other service providers: This property is along the western border of the City of Denton, solely within the City of Denton? Thank you for your consideration of this request. Please submit any other information that you believe is pertinent to evaluate the provision of services to this area to Lori Shelton in the Planning and Development Department by March 17, 2006 and call 349-7274 if there are any questions. The annexation request/petition is scheduled for the April 18, 2006 City Council Agenda. Location Map of the Proposed Annexation SERVICE ANALYSIS A06-0001 Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # ___3____, located at ___I35E and McCormick_____________________________. 2. Estimated response time. ___10__ minutes 3. Appropriate response time in the City. ___5___ minutes 4. Is a new fire station approved in the CIP that could serve this area? __yes___ If yes, what is the CIP program year? __2007____ 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? __no__. If yes, when should this station be operational? ___NA_____________ 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. ________________________________________________________ 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? __20,000_____ Is there an accepted facility/equipment to population ratio that can be used for planning purposes? __20,000___________________________________________________ Is there an accepted fire fighter to population ratio that can be used for planning purposes? __1 for 1,000_________________________________________ Additional Comments: The area would be covered by existing fire equipment and personnel. The addition of Station Seven will help this area tremendously. ___Rick Jones____________________ March 20, 2006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0001 Parks and Recreation What neighborhood park and recreational facilities are currently serving this area or are capable of serving this area if annexed and/or developed (federal, state, or local)? None are within the proposed annexation. The closest Denton Parks properties to the proposed annexation area are Robson Ranch Park .75 miles to the west, and the Vintage-Roark Branch creek open space, 1 mile to the east across I-35E. Current residents will be able to use existing City of Denton parks, facilities and programs. 1. What projects and/or equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or similar standards?The 2000 Denton Park and Recreation Master Plan does extend to the general area of the proposed annexation. Existing is an open space park at Robson Ranch Development near Lively Road. Base on information provided by the Developer, 12,000 residential units may be constructed. This equals into approximately 84 acres of new parkland. As neighborhood subdivision development occurs, neighborhood parks and community parks with athletic facilities will be necessary. Neighborhood Parks: __2.5_ acres per 1,000 population. (to be dedicated at time of development) ___5__ acres minimum size. Neighborhood Park Development cost per acre is approximately $60,000. Community Parks: 3.0 acres per 1,000 population. 30 acre minimum 2. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area?None required for Parks at this time. However additional mowing for street right of ways will be needed. Annual cost for street right of way mowing for 5 cycles is estimated at $4,302.00 for the 8.66 miles or 20.99 acres of new right of way mowing areas to come into the city. Service Standard: per acre per mowing cycle. Based on $41.00 3. How many additional personnel would be needed to properly serve this area if annexed and developed? No additional personnel for Parks maintenance required at this time. However additional resources will be required for road right of way mowing along FM2449, Lively Road, Tom Cole Road, John Paine Road, Westcourt Road, Underwood Road, and Springside Road. Additional Comments:Denton Parks and Recreation Department will attempt to coordinate placement of park facilities proposed for development by the developer or use funds from the Park Land Dedication requirements to purchase or expand existing parks within the service area of this development. Bob Tickner, Superintendent of Park Planning and Development Person to contact if there are questions Date: 3-17-06 SERVICE ANALYSIS A06-0001 Police 1. Estimated average response time for this area based on current department conditions: Priority __18 minutes Non-priority __35____ minutes Average __23______ minutes 2. Appropriate average response time in the city based on current department conditions: Priority __11____ minutes Non-priority __27____ minutes Average __19____ minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? __Yes___ If yes, how many? What type?_4 Patrol officers would allow for continuous coverage of the area on each shift_ 4. Will additional equipment and funding be needed to serve this area? __No____ If yes, what type? ______________________________________________. 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? _____No_______ If yes, when should the new facilities be operational? ________________________________________________________ 6. Please comment on the cumulative impact of annexation and development. At what population level would another police facility be required? _It is not anticipated that this development would require another police facility. Is there an accepted facility/equipment to population ratio that can be used for planning purposes? _No_________________________________________________ Is there an accepted officer to population ratio that can be used for planning purposes? __Currently, 1.79 Officers per 1,000 residents__ Additional Comments: Lt. Lenn Carter 3/15/06 ____________________________ _____________ Person to contact if there are questions Date SERVICE ANALYSIS A06-0001 Library 1. Estimated additional funding needed strictly based on proposed annexation and development. _$0.00__________________________________________________ 2. Please comment on the cumulative impact of annexation and development. The proposed annexation will have no direct impact on library services provided by the three branches in the City of Denton. 3. At what population level would another library facility be required? __131,738______ 4. Is there an accepted circulation to population ratio that can be used for planning purposes? __Yes, 8.04 per capita_____________________________________ 5. Is there an accepted employee to population ratio that can be used for planning purposes? ___Yes. 1.0 / 2,500________________________________________ 6. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel?____Yes_____________________________________________ 7. If not, how many additional employees and what type of facilities and materials will be needed to provide services? __________________________________ Additional Comments: _Eva Poole, Director of Libraries_____ _March 17, 2006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0001 Solid Waste 1. Is residential solid waste service available to the proposed area for annexation? _Yes_______ 2. Is commercial solid waste service available to the proposed area for annexation? __Yes_____ 3. What is the estimated cost to provide this area with solid waste service? Equipment and Maintenance. __Initially, with one residence, $16.50 / month Personnel. __A portion of one employee?s time 4. What is the typical revenue collected per: Household. $16.50 per month____________________ Commercial Business $68 to $108 per month depending on container size 5. Will additional equipment be needed to serve this area if annexed or developed? Type of Equipment. _No additional employees will be needed___ Cost of Equipment. _Not Applicable____________________________ 6. Will additional employees be needed to serve this area if annexed or developed? Type of Employees. _ No additional employees will be needed _______ Number of Employees. _Not Applicable____________________________ Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? _Too variable to establish Is there an accepted equipment to population ratio that can be used for planning purposes? _No________________________________________________________ Is there an accepted employee to population ratio that can be used for planning purposes? _No________________________________________________________ Additional Comments: __Scott Lebsack x 8069_______ __March 1, 2006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0001 Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? Denton Municipal Electric has transmission service at the Denton West Interchange located on the south side of FM 2449. Denton Municipal Electric has distribution lines at Tom Cole Road and West Court. 2. What type of lines and facilities would be required to serve this area? Denton Municipal Electric would have to construct distribution facilities to the area. Depending on electrical lad a distribution substation would ultimately be constructed at the Denton West Interchange. 3. Are any new lines or facilities proposed for construction to serve this area? None at this time._______________________________________________ 4. Are there any potential responsibilities if this area is annexed? With annexation, the City of Denton would provide street lighting and electric utility service according to the Denton Municipal Electric Service Standards. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Electric Load Dependent, not population Is there an accepted equipment to population ratio that can be used for planning purposes? __Not Applicable___________________________________________ Is there an accepted employee to population ratio that can be used for planning purposes? __Not Applicable___________________________________________ Additional Comments: The Public Utility Commission of Texas determines electric service classification. Donald L. McLaughlin_________ March 8, 2006 Person to contact if there are questions Date SERVICE ANALYSIS A06-0001 Water/Wastewater 1. What is the nearest City of Denton water line? Size of water line. _______16 inch___________ Location of water line. __ __Vintage Blvd at I-35 W Distance from proposed annexation. ______10,100 ft___________ 2. What is the nearest City of Denton sewer line? See attached Wastewater Exhibit Size of sewer line. _________________________ Location of sewer line. _________________________ Distance from proposed annexation. _________________________ 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location Water lines 36-inch_ _2010 Bonnie Brae and Corbin Road Sewer lines ______ ______ _________________ 4. Are there any City of Denton lines included in the proposed annexation? _12 inch waterline in Westcourt at northeast corner of property line 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? _18,750 ___ Is there an accepted equipment to population ratio that can be used for planning purposes? _One Crew per 18,750____________________________________ Is there an accepted employee to population ratio that can be used for planning purposes? _One Employee per 5,770 population_________________________ Additional Comments: The size and location of this property will require a water distribution system master plan to be prepared and submitted by the developer?s engineer at the time the property is submitted for preliminary plat review to identify how water service can be extended from the city?s existing water distribution system to serve the development. This plan must consider existing system capacity constraints and proposed capital improvements within the city?s five-year CIP as well as proposed line extensions at the developer?s expense as well as the proposed phasing of these improvements related to the proposed phasing of the development. The water distribution system master plan for the development must be prepared by a licensed engineer with water distribution system modeling experience and shall be in accordance with the city?s water and wastewater design criteria manual. The attached ?Wastewater Exhibit? shows the existing and proposed sewer lines that would serve the Cole Ranch. There is an existing 18-inch sewer line at Bonnie Brae that was oversized to accommodate flows beyond the needs of the Vintage development. An approximately 5,400 feet off-site extension from Cole Ranch by the developer will be required to bring flows to the existing 18-inch sewer line from the northern tract of the development. The southern part of the development will be served by a future sewer line in the Roark Branch watershed and an off-site extension by the developer, as shown in the exhibit. The sewer line sizes to serve the development will be based on yet to be determined wastewater flows from the development. The developer will generate the wastewater flow data from Cole Ranch. The off-site developer required sewer extensions and the future sewer lines shown in the ?Wastewater Exhibit? are currently not in the 5-year capital improvement plan. A ?Wastewater Service Agreement ? must be negotiated with the developer based on the wastewater master plan for the Cole Ranch to determine funding requirements by the developer and the city for the construction of wastewater facilities to serve the development. Tim Fisher__________ _March 17, 2006_____ Person to contact if there are questions Date SERVICE ANALYSIS A06-0001 Engineering and Transportation 1. What existing roads, bridges and other transportation facilities will be impacted by this proposed annexation and development in terms of needed improvements or upgrades? Name and location Type of Improvement Approximate Cost Underwood______ Road maintenance to City standards Unknown ? see below C Wolf________ Road maintenance to City standards Unknown ? see below Tom Cole_____ Road maintenance to City standards Unknown ? see below John Payne ___ Road maintenance to City standards Unknown ? see below The County bridges at John Payne Road at Roark Branch and at Tom Cole Road at Hickory Creek were recently reconstructed by Denton County under the Texas Dept. of Transportation Off-System Bridge Replacement Program. Bridge Replacement is needed at Underwood Road at Hickory Creek.This bridge qualifies for replacement under the present Texas Dept. of Transportation Off-System Bridge Replacement Program. Estimated administrative costs are $25,000, excluding right-of-way acquisition costs which are the responsibility of the City. The Replacement Bridges constructed under this program do not span the entire floodplain (see Additional Drainage Comments below). Automated roadway flood gates will be required at two bridge locations, at an approximate costs of $100,000 each for a total of $200,000. Gates are not required at the smaller John Payne Road box culverts because flows are lower. 2. Are any of these improvements presently scheduled to be done at state or federal expense? __Yes__. If yes, please identify facility and anticipated date improvements will begin. Bridge Replacement needed at Underwood Road at Hickory Creek qualifies for replacement under the Texas Dept. of Transportation Off-System Bridge Replacement Program. Estimated administrative costs to the City are $25,000, excluding right-of- way acquisition costs which are the responsibility of the City.The bridge could be reconstructed within the next 2 years. 3. Please list any drainage improvements that may require local funding, and include estimated cost (if no specific improvements can be determined, please make general comments concerning drainage). The developer typically funds the drainage improvements required to prevent adverse impacts and downstream flooding, consistent with the requirements of the City?s Development Code and Drainage Criteria Manual. Drainage culvert improvements will be required for two crossings at C. Wolfe Road to meet the standards of the City?s Development Code and Drainage Criteria Manual. These culverts can be improved when development occurs that will increase the flows to the culverts. 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? __Yes___. If yes, what type of equipment or facility? 1 - backhoe; 2 ?12yd dump trucks; 1 ? crew truck; 1- concrete saw & truck; 1 ? crew of 5 men, including hand tools. The City?s existing drainage maintenance equipment and facilities are adequate for maintaining the annexed area in its present land use. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Not Applicable to determine severity of increased wear on roadways until additional traffic is applied. Is there an accepted equipment to population ratio that can be used for planning purposes? _No______________________________________________________ Is there an accepted employee to population ratio that can be used for planning purposes? _No________________________________________________________ Additional Comments: STREETS The streets listed above are typical chip seal type roadways of this area and constructed for low volume, minimal truck related traffic volumes, constructed for accessing rural farms. Other public roadways or parts thereof may also apply. It is expected that future development will contribute to the improvements of these roadways prior to any expected traffic volume increases. However, if any part of the property contained within this annexation is allowed to develop prior to roadway improvements, substantial maintenance will be required to keep these roads in passable condition until the roadway is constructed to meet minimum City standards. The vehicles and personnel noted above are probable needs for this maintenance. Theses roads will also require speed studies and speed limit signing, as well as additional signing and markings as are appropriate. Bernard Vokoun (Streets) 03/10/2006 _______________________________ ____________ Person to contact if there are questions Date DRAINAGE There are two existing Lakes within the annexation area that were constructed by the Soil Conservation Service (now called National Resources Conservation Service). As the area develops, flows entering these lakes will be increased, the dam safety hazard classifications for these lakes may be re-classified to high hazard status. TCEQ requires the lake owners to conduct annual dam safety inspections for high hazard dams. The lake owners would also be responsible for spillway improvements, maintenance and repairs to the dam structures to comply with the TCEQ dam safety requirements. The City would assume these responsibilities if these lakes were acquired with a golf course or recreational area as City parkland. Costs cannot be predicted, but can be quite expensive (exceeding $1,000,000 each) for studies design and construction of larger spillway structures and seepage control systems for dams of this size. Clear zones downstream from these lakes across the Cole Ranch can be established to prevent these dams from being classified as high hazard dams. Residential and commercial development would not be allowed in the zones, because the areas would flood if a dam breach occurred. These dams cannot be removed because they currently provide the benefits of reducing downstream sedimentation and flooding in the Hickory Creek drainage basin through the City. The ownership and maintenance responsibility for these dams and clear zones must be addressed during the conceptual master-planning phase for the entire development. To construct new bridges spanning the approximately 1,500-feet wide floodplains at the Underwood Road and Tom Cole Road locations would cost more than $6,000,000 each. The hydraulic capacity of the new multiple box culvert structure at John Payne Bridge has not been evaluated by the City at this time. The smaller John Payne culvert can be improved by the developer as required by the City?s Development Code. Additional culverts could be added to the existing structure. The City should consider planning a CIP Program and funding mechanism to construct new bridges spanning the floodplains at Underwood Road and Tom Cole Road in the future if this annexation is successful. Edward Witkowski (Drainage) 03/17/2006 ________________________________ ____________ Person to contact if there are questions Date SERVICE ANALYSIS A06-0001 Denton Independent School District Education services are currently provided by: __Denton ISD and Ponder ISD________________________________. 1. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? 2. If not, how many additional employees and what type of facilities and materials will be needed to provide services? Estimate additional funding needed strictly based on proposed annexation and development. Will projected school taxes from this development provide that additional funding? 3. Please comment on the cumulative impact of annexation and development. 4. At what population level would other school facilities be required for the City of Denton? 5. Is there an acceptable employee to population ratio that can be used for planning purposes? Additional Comments: ___Gene Holloway___________ ____________ Person to contact if there are questions Date ATTACHMENT 6 Notification Map Public Newspaper Notification Date: April 2, 2006 200? Legal Notices* sent via Certified Mail: 27 500? Courtesy Notices mailed: 28 Number of responses to 200? Legal Notice: In Opposition: 0 In Favor: 0 Neutral: 0 AGENDA INFORMATION SHEET April 18, 2006 AGENDA DATE: Planning and Development DEPARTMENT: Howard Martin, 349-8232 CM: ? Z06-0009:(Ricks and Cheek Addition) SUBJECT Hold a public hearing and consider adopting an ordinance approving a zoning change for 6.22 acres on Fort Worth Drive south of Country Club Road from Employment Center- Industrial (EC-I) to Employment Center-Commercial (EC-C). The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Mike Beaver Denton, TX The applicant is proposing to use the site for a nursery and landscape supply business. The Denton Development Code classifies the use that the applicant is proposing as ?Retail Sales and Service?. The ?Retail Sales and Service? use is permitted only in association with a gas station in the existing EC-I zoning district and is permitted in the proposed EC-C district. (See EC-C/EC-I comparison chart in the attached Staff Analysis) The applicant will be leasing a portion of an existing platted lot with frontage on Fort Worth Drive for the proposed use. The zoning request only applies to the portion the lot that the applicant is leasing. The remaining rear portion of the lot will retain the EC-I zoning and is currently being used by the property owner for storage in association with the industrial use to the south. Public notification information is provided in Attachment 3. As of this writing, staff has not received any responses from property owners within 200 feet of the subject site. OPTIONS 1. Approve. 2. Deny. 3. Postpone consideration. 4. Table. RECOMMENDATION Staff recommends approval of this request with the following findings: 1 1. The uses and development standards contained within the proposed EC-C zoning district are in character with the surrounding zoning and comply with the Denton Plan. 2. The uses allowed in the proposed EC-C District are less intense that the existing EC-I district. The EC-C district allows for retail sales without a limitation requiring it be associated with gas stations while the EC-I allows for more wholesale and storage related uses. 3. The proposed EC-C district does not adversely change the types of uses that will be allowed to occupy the request site compared to the EC-I district that is in place today. ESTIMATED PROJECT SCHEDULE The subject property is a part of a platted lot. The applicant may apply for building permits if the Council approves the zoning request. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification Map 4. Site Photos 5. Letter of Intent 6. Planning and Zoning Commission Minutes March 22, 2006 7. Ordinance Prepared by: Chuck Russell Planner III Respectfully submitted: Brian Lockley, AICP Acting Director of Planning & Development 2 ATTACHMENT 1 Staff Analysis Summary of Zoning Request The applicant is requesting the rezoning of approximately 6.22 acres, currently zoned EC-I, to an EC-C zoning district. The property is located on the west side of Fort Worth Drive (US 377) southwest of Country Club Road (see attached Map). Existing Condition of Property The request site is currently undeveloped. Adjacent zoning and land uses. : Employment Center-Industrial (EC-I); Developed single family (Country View North Mobile Home Park) : Industrial Center-General (IC-G); Developed industrial (Jagoe Public) South Employment Center-Commercial (EC-C) and Neighborhood Residential Mixed East: Use (NRMU); Developed multifamily and undeveloped land Employment Center-Industrial (EC-I); Developed outside storage West: Comprehensive Plan Analysis The subject site is located within an future land use area. ?Employment Center? Employment Centers are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. Employment centers are also intended to accommodate secondary uses that complement or support the primary workplace uses, such a hotels, restaurants, convenience shopping, and child care. Adequate public facilities shall be a criterion by which zoning is granted. The requested EC-C Employment Center-Commercial zoning district provides for land uses and development standards that are compatible with the ?Employment Center? future land use designation. The proposed zoning change is in compliance with the Denton Plan. Development Review Analysis as per the Development Review Committee Access and Capacity Driveway access to US 377 will be allowed at the southern property line. The driveway will need to be a shared driveway with the property to the south. Public Infrastructure Public infrastructure is adequate for project. 3 Development Code / Zoning Analysis The following tables highlight the differences in uses between the EC-I and EC-C districts. The EC-C district allows for retail sales without a limitation requiring it be associated with gas stations. The EC-I allows for more wholesale and storage related uses. Commercial Land Use Categories EC-CEC-I Motels P N Retail Sales and Service P L(18) Outdoor Recreation P N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Industrial Land Use Categories EC-CEC-I Wholesale Nurseries N L(32) Distribution Center N P Wholesale Storage and Distribution N L(34) Construction Materials Sales N P P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 The chart below illustrates the differences between the EC-C and EC-I zoning district development standards. The EC-C district allows more density and height than the EC-I district. General Regulations EC-CEC-I Minimum lot area (square feet) 2,900 2,500 Minimum lot width 20 feet 50 feet Minimum front yard setback None 10 feet Minimum side yard adjacent to a street None 10 feet Maximum FAR 1.50 0.75 Maximum lot coverage 80% 85% Minimum landscaped area 20% 15% Maximum building height 100 feet 65 feet 4 The uses and development standards contained within the proposed EC-C zoning district are in character with the surrounding zoning and comply with the Denton Plan. Staff recommends approval of the requested zoning change from Employment Centers- Industrial (EC-I) to Employment Centers-Commercial (EC-C). 5 ATTACHMENT 2 Existing Zoning Map Proposed Zoning Map Subject Site Scale: N.T.S. 6 Land Use Map 7 ATTACHMENT 3 Public Notification 500 Feet Notification 200 Feet Notification Scale: None Public Notification Date: 3/08/06 200? Legal Notices* sent via Certified Mail: Number of responses to 200? Legal Notice In Opposition: In Favor: Neutral: Percent of land within 200? in opposition: *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 8 ATTACHMENT 4 Photographs Subject site from Forth Worth Drive Adjacent industrial use to the south Adjacent residential to the north Northeast across Forth Worth Drive South east across Fort Worth Drive Storage and gas well west of site 9 ATTACHMENT 5 Letter of Intent 10 ATTACHMENT 6 Planning & Zoning Minutes 11 12 ATTACHMENT 7 Ordinance 13 14 15 AGENDA INFORMATION SHEET April 18, 2006 AGENDA DATE: Planning and Development Department DEPARTMENT: Howard Martin, 349-8532 CM: ? Z06-0006:(Teasley Park) SUBJECT Hold a public hearing and consider adopting an ordinance regarding the rezoning of approximately 58 acres from Neighborhood Residential-2 (NR-2) zoning district to Neighborhood Residential-4 (NR-4) zoning district. The property is located on the west side of Teasley Lane and south of Ryan Road. The Planning and Zoning Commission recommends denial (5-0) (REQUIRES A SUPER MAJORITY TO APPROVE) (Z06- 0006, Teasley Park). BACKGROUND Applicant: Wallace Creel, HIG Acquisitions, Ltd. Dallas, TX The applicant is requesting to rezone the 58 acre parcel to Neighborhood Residential ?4. The applicant proposes to develop the site concurrently with the 22.71 ?acre NR-4 parcel to the north with similar residential uses. The subject property contains approximately 30 acres of Upland Habitat as noted on the Environmentally Sensitive Area map of the Denton Development Code. Of this acreage the applicant proposes to develop 50 percent of the habitat and preserve the remaining 50% as required by the Denton Development Code. Public notification information is provided in Attachment 5. As of this writing, staff has received 6 written responses in opposition and 1 written responses in support of the request. The responses in opposition represent less than 5 percent of the total property owners within 200 feet of the subject site. The Planning and Zoning Commission voted to recommend denial of this request at the February 22, 2006 Planning and Zoning Commission meeting (5-0). The applicant held a neighborhood meeting on Monday, March 20, 2006 to discuss neighborhood concerns expressed at the Planning and Zoning Commission public hearing of February 22, 2006. The primary concerns of the neighborhood expressed at the meeting is the location of the preserved Upland Habitat and the additional traffic on Teasley Lane. The applicant presented the new site design exhibit shown in Attachment 4. 1 PRIOR ACTION/REVIEW This site was rezoned to NR-2 with the adoption of the Denton Development Code in 2002. Since then, no further action or review has been brought to the Denton Planning and Zoning Commission or the Denton City Council. OPTIONS 1. Approve as submitted. 2. Deny. 3. Postpone consideration. 4. Table item. RECOMMENDATION Staff recommends approval of this request with the following findings: 1. The rezoning request is in compliance with the Denton Plan. 2. The proposed rezoning is consistent with density and general development patterns as the surrounding subdivisions ATTACHMENTS 1. Staff Analysis 2. Maps 3. Lot Layout Exhibit 4. Revised Lot Layout Exhibit 5. Public Notification Map 6. Site Photos 7. Letter of Intent 8. Planning and Zoning Commission Minutes February 22, 2006 9. Ordinance Prepared by: Lori Shelton Planner II Respectfully submitted: Brian Lockley, AICP Acting Planning & Development Director 2 ATTACHMENT 1 Staff Analysis Summary of Zoning Request The applicant is requesting the rezoning of 58.258 acres, currently zoned NR-2, to a NR- 4 zoning district. The property is located on the west side of Teasley Lane approximately, south of Ryan Road. Existing Condition of Property The property is currently undeveloped. There are approximately 30 acres of Upland Habitat located on the subject property. The applicant will preserve 50% of the Upland Habitat as is required in the Subchapter 35.17.9 of the Denton Development Code. Adjacent zoning and land uses. : Neighborhood Residential 4 (NR-4); Developed single family (Hickory Creek North Heights) : Neighborhood Residential 4 (NR-4); Developed single family (Lexington Park South Phase 1) PD-176; Developed single family (Wheeler Ridge) East: Neighborhood Residential 4 (NR-6); Undeveloped West: Comprehensive Plan Analysis The subject site is located within the designated future land ?Neighborhood Centers? use area of the Denton Development Plan. These areas may develop similar to adjacent residential development patterns or may be developed into a ?neighborhood center?. Neighborhood centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. The Denton Plan states: ?Within established residential areas, new development 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 proposed rezoning is consistent with the description of how new residential areas should relate to the existing residential areas with the same density and general development patterns as the surrounding subdivisions. There is NR-4 zoning to the north and south of the subject site. See Attachment 2 Zoning Map. Therefore, staff finds the request to rezone the subject property is compatible with the Future Land Use Plan and with the surrounding zoning designations. The proposed zoning change is in compliance with the Denton Plan. 3 Development Review Analysis as per the Development Review Committee Access and Capacity A Traffic Impact Analysis (TIA) will be required at the time of platting. Access will be from Teasley Lane and Ryan Road. Staff has prepared proposed changes to the Denton Mobility Plan which includes a north south connection from Creekdale to Ryan Road. This proposed alignment would provide additional connectivity from the Teasley Park subdivision to Ryan Road. Public Infrastructure Engineering staff review of zoning application reports public infrastructure is adequate for project. Development Code / Zoning Analysis The NR-2 zoning district allows a maximum density of 2 dwelling unites per acre. The NR-4 zoning district allows a maximum of 4 dwelling units per acre. The chart below illustrates the differences between the two zoning districts. Existing Zoning Proposed Zoning General Regulations NR-2NR-4 Maximum Density, dwelling units per 2 4 acre Minimum front yard setback 10 feet 5 feet Minimum side yard setback 6 feet 6 feet Minimum rear yard setback 10 feet 10 feet Maximum Lot Coverage 30% 60% Minimum Landscaped Area 70% 40% The current zoning (NR-2) would allow up to 116 residential lots on the 58.258 acres based only on density allowed. The proposed zoning (NR-4) would allow up to 233 residential lots on the same area. The lot coverage requirement is significantly different between the NR-2 with 30% allowed in NR-2 and 60% lot coverage allowed in NR-4. The NR-2 zoning district requires a 10 foot front yard setback, while the NR-4 district requires only 6 feet. 4 ATTACHMENT 2 Maps LOCATION AND ZONING MAP FUTURE LAND USE MAP 5 Subject Site AERIAL PHOTO UPLAND HABITAT LOCATION 6 ATTACHMENT 3 Proposed Lot Layout ATTACHMENT 3 Proposed Lot Layout ATTACHMENT 3 Proposed Lot Layout Proposed site design as submitted to Planning & Zoning Commission on March 22, 2006. NOTE: the site design exhibit is not a part of the rezoning ordinance. 7 ATTACHMENT 4 Revised Lot Layout Revised site design exhibit showing connection to Ryan Road and Upland Habitat preserved adjacent to Lexington Park subdivision. NOTE: the site design exhibit is not a part of the rezoning ordinance. 8 ATTACHMENT 5 Notification Map Scale: None Newspaper Notification Date: April 2, 2006 % Percent of land within 200? in opposition: <5 200? Legal Notices* sent via Certified Mail: 103 st 500? Courtesy Notices* sent via 1 Class Mail: 115 In Favor: 1 Opposed: 6 Neutral: 1 9 ATTACHMENT 6 Site Photographs Photograph taken from Teasley Road looking northwest. 10 ATTACHMENT 7 Letter of Intent 11 12 ATTACHMENT 8 Planning & Zoning Minutes 13 14 15 16 17 18 19 ATTACHMENT 9 Ordinance 20 21 AGENDA INFORMATION SHEET April 18, 2006 AGENDA DATE Planning and Development Department DEPARTMENT: Howard Martin, 349-8232 CM: ? ADP06-0003:(Loop 288 & Spencer) SUBJECT Hold a public hearing and consider adopting an ordinance regarding an Alternative Development Plan for a retail development on approximately 14.48 acres. The subject property is located on the northwest corner of Loop 288 & Spencer Road. The property is located in a Regional Center Commercial Neighborhood (RCC-N) zoning district. The purpose of the Alternative Development Plan is to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommends approval (6-0). (ADP06-0003, Loop 288 and Spencer). BACKGROUND O?Brien & Associates Dallas, TX Applicant: The purpose of an Alternative Development Plan (ADP) is to provide applicants an option to the requirements of the Denton Development Code. The ADP is intended to address the site design standards of the Denton Development Code that the applicant chooses not to or cannot meet. The goal of the ADP is to meet or exceed the objectives of the Denton Plan and Development Code and to proceed with approval under Subchapter 13. The applicant is proposing to vary from the site design standards concerning the location, number and division requirements of parking area exceeding 100 spaces. The Planning and Zoning Commission voted to recommend approval of the ADP request subject to the attached site plan as submitted at the March 22, 2006 meeting. As of this writing, staff has received no responses from the required property owner notification. (See attachment 7 for more information). OPTIONS 1. Approve. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. 1 STAFF RECOMMENDATION Based on the following findings, staff recommends approval of the Alternative Development Plan for parking with the following findings: 1) The proposed additional landscape area, pedestrian plaza, open space, and trail system ensure a development that meets the intent of the regulations of the Development Code. 2) Alternative Development Plans allowing similar parking configurations have been approved for other projects in the immediate area. 3) Existing infrastructure is adequate to accommodate the development. 4) The proposed development is located in Regional Mixed Use Center. PRIOR ACTION/REVIEW No prior action has been brought before the City Council on the subject property. ATTACHMENTS 1. Staff Analysis 2. Alternative Development Plan 3. Location/ Zoning Map 4. Site Photos 5. Aerial Map 6. Site Plan 7. Notification Map 8. Letter of Intent 9. Planning & Zoning Commission Minutes, March 22, 2006 10. Ordinance Prepared by: ________________________ Lori Shelton Planner II Respectfully submitted: _____________________________ Brian Lockley, AICP Acting Director of Planning & Development 2 ATTACHMENT 1 Staff Analysis Summary of Alternative Development Plan Request § 35.13.13.4.8. (Parking location requirements) states: ?Parking areas shall be located behind buildings or on one or both sides?, The applicant is proposing to locate parking ? in front of building as shown on the site plan. To promote better pedestrian activity, the applicant is proposing to develop Lot 6 (3.29 acres) as a natural area with a trail system with benches and lighting. § 35.13.10.B.1.d (Impervious parking spaces over required number of spaces) states: Permeable paving is required for those parking spaces that exceed the number of ? parking spaces required.? The applicant is proposing to provide an additional landscape area of 10,296 square feet. Assuming each parking space requires 400 square feet of paved area (includes access), the additional 65 spaces would require 26,000 square feet of additional pavement. The applicant proposes to provide 121,656 square feet of landscaped area over the required 94,618 square feet (15%). § 35.13.10.AB.1.c. (Division of parking spaces for parking lots of over 100) states: Parking lots with 100 spaces or more shall be divided into separate areas and divided by ? landscaped areas or walkways at least 10 feet in width, or by a building or group of buildings.? The applicant has provided a 10 foot landscaped area between two parking areas, each exceeding the 100 space maximum. One area includes 126 parking spaces and the second has 130 parking spaces. Deviation and Mitigation Table Required Provided Percent Landscaped Area 15% 34% Square Footage of 94,618 216,274 Landscape Area Percent Canopy Coverage 20% 29% Parking Spaces 438 503 Existing Condition of Property The property is undeveloped. Adjacent zoning and land uses. : Employment Center Commercial (EC-C) Undeveloped and Regional North Center Commercial Neighborhood (RCC-N) Tractor Supply : Regional Center Commercial Downtown (RCC-D) Denton Crossing South : Regional Center Commercial Neighborhood (RCC-N) Lowes East Employment Center Commercial (EC-C) One residential use West: 3 Comprehensive Plan Analysis The subject site is located within a future land use area. ?Regional Mixed Use Center? 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 proposed development complies with the Denton Plan. Development Code/Zoning Analysis The proposed plan deviates from the location and number of impervious parking spaces established by the Development Code. Section 35.13.5 (Alternative Development Plan) states, ?An applicant may propose an Alternative Development Plan which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary.? Section 35.13.5.A. identifies the criteria for approval of an Alternative Development Plan. A.The goals and objectives which must be met, and by Criteria for Approval. 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. 4 ATTACHMENT 2 Alternative Development Plan Section 35.13.5 (Alternative Development Plan) of the Denton Development Code provides a provision for the ability of an applicant to ??propose an Alternative Development Plan which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative Development Plan provides the option to address the design criteria through a flexible discretionary process.? The Alternative Development Plan for Loop 288 and Spencer will deviate from the following Denton Development Code Subchapters: § 35.13.13.4.8. (Parking location requirements) states: ?Parking areas shall be located behind buildings or on one or both sides??, The applicant is proposing to locate parking in front of building as shown on the site plan. § 35.13.10.B.1.d (Impervious parking spaces over required number of spaces) states: Permeable paving is required for those parking spaces that exceed the number of parking spaces required.? The applicant will provide 65 spaces over the required number of spaces. § 35.13.10.AB.1.c. (division of parking spaces for parking lots of over 100) states: Parking lots with 100 spaces or more shall be divided into separate areas and divided by landscaped areas or walkways at least 10 feet in width, or by a building or group of buildings.? The applicant has provided a 10 foot landscaped area between two parking areas, each exceeding the 100 space maximum. One area includes 126 parking spaces and the second has 130 parking spaces. The plan will require the mitigation measures as shown on the site plan and described in the following table: Deviation and Mitigation Table Required Provided Percent Landscaped Area 15% 34% Square Footage of 94,618 216,274 Landscape Area Percent Canopy Coverage 20% 29% Parking Spaces 438 503 5 The following table is provided to set standards for each lot as developed. These individual lot requirements are as follows and are reflected on the site plan: Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6* Minimum 7% 39% 33% 15% 40% 100% Landscape percentage Maximum 330 39 36 62 36 0 Parking Spaces * Lot 6 will be preserved as open space and pedestrian amenities. Less than 5% of the lot area will be impervious service and used for pedestrian pathways and picnic area. The tree canopy requirements for individual lots will be determined by the approved Landscape Plan. 6 ATTACHMENT 3 Location/ Zoning Map SITE 7 ATTACHMENT 4 Site Photographs View from Spencer looking northeast. 8 ATTACHMENT 5 Aerial Photographs ATTACHMENT 6 Site Plan 10 ATTACHMENT 7 Notification Map Newspaper Notification Date: April 2, 2006 200? Legal Notices* sent via Certified Mail: 10 500? Courtesy Notices mailed: 24 Notice: Number of responses to 200? Legal In Opposition: 0 In Favor: 0 Neutral: 0 11 ATTACHMENT 8 Letter of Intent 12 ATTACHMENT 9 Planning & Zoning Commission Minutes 13 14 15 AGENDA INFORMATION SHEET April 18, 2006 AGENDA DATE: Parks and Recreation DEPARTMENT: Howard Martin, 349-8232 CM: SUBJECT Hold a public hearing inviting citizens to comment on the City of Denton?s 2006 Action Plan for . Housing and Community Development BACKGROUND On an annual basis, the City of Denton prepares an for submission to the US Action Plan Department of Housing and Urban Development (HUD). The serves as the City?s Action Plan application for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) programs. HUD requires a 30-day comment period. The comment period for the is April 3 through May 2. Copies of the plan are available for citizen 2006 Action Plan th review in the Community Development Division office on the 5 floor of the Wells Fargo Building, 101 S. Locust, Suite 500 and on the City?s website. The includes recommendations from the Community Development Advisory 2006 Action Plan Committee and the Human Services Advisory Committee. CDBG and HOME administration funds are also included. ESTIMATED PROJECT SCHEDULE Public comment period April 3 through May 2 CDAC & HSAC presentation to City Council April 18, 2006 Public Hearing April 18, 2006 Action Plan approval May 16, 2006 Submission of Action Plan to HUD June 15, 2006 HUD release of funds & program initiation August 1, 2006 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee (CDAC) reviewed requests for housing and infrastructure improvements. CDAC recommended $1,261,650 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 2006 , the approval of the Plan include approval of those recommendations. Action Plan does not General fund recommendations will be considered during the normal budgeting cycle. HSAC allocated $133,566 in CDBG funding to various programs. Both committees presented their recommendations to City Council at the work session on April 18, 2006. FISCAL INFORMATION All projects and programs approved under the are funded with CDBG and 2006 Action Plan 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. Minutes Respectfully submitted: Janet Fitzgerald Director of Parks and Recreation Prepared by: Barbara Ross Community Development Administrator Spanish Public Hearing Notes December 5, 2005 Martin Luther King Jr. Recreation Center : Luisa Rodriguez-Garcia and Alma Espino Staff Present : Attendees Sandra Benavides ? CDAC Member Heladio Perez Osiel Perez Daniela Perez Luisa Rodriguez-Garcia opened the public hearing at 6:45 p.m. Ms. Rodriguez-Garcia introduced staff and CDAC members present and stated that the purpose of the public hearing was to receive citizen input on the use of the City?s federal funds from the U.S. Department of Housing and Urban Development. She reviewed with attendees the funding sources and amounts from HUD for the 2006 program year. She also 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. Heladio Perez stated his concern regarding dilapidated rental housing in Denton - specifically Vista Bonita Apartments on Ruddell Street. He said the apartments are unsanitary and are never cleaned prior to renting them. He also added that the sewer line has had issues for years. He asked if any programs were available to assist with this type of housing and what rights did the tenants have regarding repairs. Sandra Benavides mentioned that she also knew someone who needed this type of assistance. The Rental Rehab Program was mentioned, but is limited to 1 ? 4 plex units. Owners of rental property need to apply. Complaints regarding rental housing can be forwarded to Building Inspections Department. Mr. Perez stated that there is a concern from renters regarding a backlash. Heladio Perez asked what assistance was available for illegal aliens to purchase a home. Ms. Rodriguez mentioned that the Homebuyers Assistance Program offers assistance with down payment and closing costs assistance. She explained that persons applying for assistance with the Homebuyers Assistance Program are required to obtain a mortgage loan. Anyone applying for a mortgage note without documentation is considered a higher risk by the mortgage company. This results in higher interest rates, which makes the payment unaffordable for low- income buyers. The program requires the interest rate to be the prevailing interest rate and payments to be affordable. She also mentioned that the funds are not a grant, but a deferred loan. Osiel Perez asked what kind assistance was available for small businesses. Ms. Espino stated that the City of Denton had a Small Business Loan Program that offered loans up to $10,000 for new and existing business. The loan has an interest rate of 3%, payable over five years. An application will be provided for Mr. Perez. 40 Page Exhibit 1 Osiel and his wife Daniela Perez stated a need for sidewalks on Frame Street. The street is used quite frequently for people to miss traffic and to get from University to Mingo. The concern is that their children and other children in the neighborhood are picked up at the end of Frame Street near the railroad tracks. The children have to walk the length of the street from McKinney to Paisley to be picked up by the school bus. The problem is there are no sidewalks and children are walking the length of the street with increase in traffic and there is a potential for an accident. Ms. Espino advised them that there were some issues with Frame Street ? the street is too narrow and some of the houses are built too close to the street. Also, Mr. Perez asked if there were still plans to widen the bridge, because there is not enough room for two cars. Ms. Rodriguez stated that the Engineering Department would be contacted to verify future plans for the street or sidewalks. Heladio Perez asked if there were any plans for a Hispanic recreation center. The other centers in the city are too expensive to rent for occasions and the facilities close at midnight. Ms. Rodriguez and Ms. Espino mentioned that CDBG funding was not sufficient to consider a project of that magnitude. There would have to be other funding involved and a plan to consider other costs or responsibilities for the building. Currently, the local recreation centers are available to anyone wishing to utilize the centers. Osiel Perez asked if the property on the corner of Frame and McKinney was still being considered for a possible recreation center. Heladio Perez stated that the last thing he had heard was that the property had been donated to the City and the city was planning to use it for drainage purposes. Osiel Perez asked if permission was needed to cut down a tree. Mr. Perez was advised that permission was needed and that if he had a tree that was a danger to his home, he could apply to the Minor Repair Program. He stated that it would be a big help, because he could not financially afford the cost. Attendees were reminded that they could continue to call in comments until April regarding the City?s federally funded activities. The English public hearing on December 7th was announced. No additional comments were received so the meeting was adjourned. 41 Page Public Hearing Notes December 8, 2005 Martin Luther King Jr. Recreation Center Staff Present: Nancy Baker, Rebecca Guthrie, Barbara Ross Attendees: Julius Bershell, Don Louis, Edward Touraine ? CDAC Chair Barbara Ross opened the hearing. Julius Bershell indicated that he had no specific projects to request but wanted to understand more about the City?s Community Development programs. Don Louis also indicated that he was there to see how the process worked and did not have a request for funds. CD staff and committee members present explained the possible uses of the funds and the allocation process. Rebecca Guthrie from the City?s Engineering Department described the street, sidewalk, sewer and drainage projects carried out by the City using CDBG funds. No other residents attended the public hearing. The public hearing was adjourned. 42 Page Action Plan Public Hearing Minutes April 18, 2006 City Council Meeting th The following public comments were received at the April 18 public hearing: 43 Page MINUTES FROM 30-DAY COMMENT PERIOD April 3, 2006 through May 3, 2006 The following comments were received during the City of Denton?s 30-day comment period on the 2006 Action Plan for Housing and Community Development. 44 Page OFFICIAL MINUTES COMMUNITY DEVELOPMENT ADVISORY COMMITTEE October 3, 2005 Economic Development Conference Room Members Present: Ron Aldridge, Cassandra Berry, Walter Eagleton, Cathy Tedrick, Edward Touraine, and La Nelle Winn Members Absent with Notification: Sandra Benavides, Larry Collister, Maureen Jamail Staff Present: Barbara Ross Barbara Ross, Community Development Administrator called the meeting to order. She asked the members to introduce themselves. Members were also requested to review their contact information on the committee roster and make any necessary corrections. Ms. Ross reviewed the information regarding the Community Development Block Grant and HOME funds that the City of Denton receives. She provided information on the ?National Objectives? that each CDBG-funded activity must meet and the eligible activities for HOME and CDBG. Members discussed various projects that had been carried out through the programs. Ms. Winn stated that she was familiar with the program from her years in San Antonio and that the program was very successful there. She suggested that the members contact their Congressional representatives to point out the importance of these programs. Mr. Eagleton asked about the 25% match for HOME funding. Ms. Ross explained that the City was required to match the funding, not individual households. The City gets match from various sources including the Denton Affordable Housing Corporation, the Federal Home Loan Bank and the Denton County Housing Finance Agency. Ms. Ross noted that the City has not had to worry about match largely due to the funding efforts of the Denton Affordable Housing Corporation. Ms. Ross reviewed the schedule for the CDBG and HOME funding cycle. The program year begins August 1, 2006. Public hearings to gain citizen input on the use of funds will be held th December 5 and 8, 2005. The hearing on the 5 will be in Spanish. Both hearings will be held at the MLK Jr. Recreation Center and will begin at 6:30 pm. Ms. Ross invited the committee members to attend if they are available. Applications will be available to City departments and other organizations for housing and capital improvements projects in late November. There will be an application workshop for those who wish to submit an application for funding. Members discussed revisions to the application. Ms. Ross noted that at least one new question would be added to ask the applicant to explain what performance measures could be used to gage the effectiveness of the project or program. No additional revisions were suggested. 45 Page Members discussed the election of officers. Ron Aldridge made a motion that Eddie Touraine again be named as committee chairperson. LaNelle Winn seconded the motion. The motion passed unanimously. Eddie Touraine made a motion that Ron Aldridge act as vice-chair. Cassandra Berry seconded the motion. The motion passed unanimously. th Members agreed to set the next meeting for January 20. Staff would determine by talking with the absentee members whether 11:45 am or 3:00 pm would be best time for the meeting. The meeting was adjourned. 46 Page OFFICIAL MINUTES COMMUNITY DEVELOPMENT ADVISORY COMMITTEE January 20, 2006 Emily Fowler Library Meeting Room Members Present: Ron Aldridge, Cassandra Berry, Walter Eagleton, Cathy Tedrick, Edward Touraine, and La Nelle Winn Members Absent: Sandra Benavides, Larry Collister, Maureen Jamail Staff Present: Barbara Ross Edward Touraine called the meeting to order. The members reviewed the minutes from October rd 3. Ron Aldridge made a motion that the minutes be approved as presented. Walter Eagleton seconded the motion. The minutes were unanimously approved. Barbara Ross provided the committee with a virtual tour of various community development projects supported by the Community Development Advisory Committee in previous years. Projects included improvements at both City County and Fred Moore day cares, housing units under construction on Hickory Street, Prairie Street Sidewalks, Cumberland Presbyterian transitional housing duplex project, etc. Members discussed potential meeting dates. Members agreed to set up two luncheon meetings thth for February 15 and 16. Additional meetings would be set up as needed. Ms. Ross stated that the applications were due into the Community Development office today and that staff would get the notebooks out to committee members as soon as possible. The meeting was adjourned. 47 Page OFFICIAL MINUTES COMMUNITY DEVELOPMENT ADVISORY COMMITTEE February 15, 2006 Civic Center Conference Room Members Present: Ron Aldridge, Cassandra Berry, Walter Eagleton, Cathy Tedrick, Edward Touraine, and La Nelle Winn Members Absent: Sandra Benavides, Larry Collister, Maureen Jamail Staff Present: Barbara Ross th Edward Touraine called the meeting to order. There were no corrections to the January 20 minutes. The minutes were approved as written. New Generations Child Care Kathy Davis and Demetria Ennis-Cole gave a presentation on their request for playground equipment for the New Generations Child Care located at 909 N. Loop 288. Ms. Davis and Ms. Ennis-Cole stated that the day care assisted special needs children. They are asking for the grant to meet the play needs of the children. The day care provides services to 88 to 100 children. Ms. Ennis-Cole explains to the committee how they playground unit was chosen. She noted that they had secured $500 in donations for the playground. Members asked the representatives several questions regarding the day care?s services and the playground. Mr. Touraine asked about ADA access. Ms. Ennis-Cole described the ramps that would be included in the project. Ms. Davis stated that they currently have a five-year lease and could get a longer lease if necessary. Cassandra Berry asked if they had looked at any local companies for the equipment. The members and Ms. Ross discussed the fact that the day care would be required to go out for bids or proposals. Mr. Touraine asked about the board make-up and why the board members weren?t from Denton. Ms. Davis stated that they were currently working on expanding the board. One of the members whose address is listed as in Dallas actually lives in Denton. It was noted that the agency did not include a current year or projected budget in their information. Members requested the financial reports from the agency. The day care charges $85 per week and are currently collecting income information from parents through a survey. LaNelle Winn asked about income verification and Ms. Davis explained how the agency handles that task. Ms. Davis and Ms. Ennis-Cole explained that the purpose of the agency was to serve low- income households. That is why the payment is so low. They do advertising to reach that 48 Page group. Ms. Winn asked how they are able to get teachers to serve special needs children at the salary levels they offer. Ms. Davis said that some of the teachers are degreed and they have an investment in the organization. Ms. Davis said they currently have four special needs children with a possibility of one more attending. Denton Affordable Housing Corporation The next presentation was by Sheila Harper, Deputy Director of the Denton Affordable Housing Corporation. She indicated that the proposed budget would assist in acquiring, rehabilitating and selling ten single-family units. She explained the use of funds from each of the categories listed in the program budget including staff and operating costs. Ms. Harper noted that they need assistance with operating costs due to the fact that they could not re-coup all the funds spent on FHA units. Members asked several questions about DAHC and the program: Mr. Touraine asked about monitoring reports and the fact that it appears DAHC is not correcting problems that have been pointed out. Ms. Harper indicated that they administer funds from several organizations that have a variety of rules and procedures to be followed. They are working on correcting any deficiencies. Members discussed the tenant selection policies and the households served by DAHC. Ms. Harper indicated that most of the rental units owned by DAHC are used to assist special needs populations and are rented to MHMR, HOPE households, etc. Only 12 units are leased to the general public. Cathy Tedrick questioned why the rental units are used by other agencies. Ms. Ross pointed out that DAHC does not necessarily do rental projects for the general public. They are usually working with an agency to serve a specific population. Mr. Touraine asked about the board make-up and commented about the lack of minority and low-income members. Ms. Harper responded that they have talked with the board and plan to address this during the next year. Ms. Ross commented that they had only recently begun to use their 2005-06 funding. She asked if they were certain that this request could be spent within the next program year. Ms. Harper explained that they actually have most of the 2005-?06 funds committed. MLK Kitchen Renovation project Cirilo Pedroza and John Whitmore of the Parks and Recreation Department provided information on the MLK Kitchen Renovation project. They noted that the project would bring the kitchen up to Health Department codes and allow for groups to use the kitchen to prepare food for events. Currently, any food brought in has to be completely self-contained. The renovation would create a commercial grade kitchen. It would provide an affordable facility in a low-income neighborhood. Mr. Whitmore noted that the cost estimate was very detailed. Committee members asked about specifics. Mr. Touraine asked if they were going to raise the rental fee for use of the facility. Mr. Pedroza and Mr. Whitmore indicated that this had not been discussed but they did not think rental fees would be increased. Ms. Tedrick asked how the space is currently used. Staff members explained it really wasn?t 49 Page used except for maybe a coffee pot. Ms. Berry asked if the childcare programs serve only pre-packaged food and if they were not able to heat anything up. Mr. Pedroza indicated that this was correct. Walter Eagleton asked if the situation was similar at Denia and Northlake. Mr. Whitmore stated that those facilities do not have kitchens. Ms. Berry asked if the staff would have to monitor the use of the kitchen. Mr. Whitmore indicated that staff would be in the building but would not necessarily be monitoring use of the kitchen. He noted there would be cleaning deposits to ensure the kitchen was properly cared for. Ms. Tedrick asked what PARD would do if they did not receive all requested funding. Mr. Whitmore indicated that he was unsure how much funding could come from other sources. Some additional work may be required and PARD would also have to find the funding for that. Ms. Winn indicated that she thought the materials cost did not seem like enough to do all the work. Staff indicated that they were going to recover cabinetry and use cost efficient methods such as that. Fred Moore Day Nursery School Laura Williams, Executive Director of Fred Moore Day Nursery School gave a presentation regarding the rehabilitation of the Fred Moore facility including the playground and parking lot improvements. The improvements would provide more space for services to infants and toddlers. Fred Moore currently has a waiting list of 36 children. They are one of the few day care facilities and the only sliding scale facility that serves infants. Ms. Williams noted that the Meadows Foundation has said that they would be interested in assisting with the project if Fred Moore was able to obtain other funding. Meadows did not want to be the major funding agency on the project. Ms. Williams noted that Fred Moore has some safety problems related to dropping off and picking up the children. She stated that they need a parking lot with a drive and would like to move the all playground equipment to the north side of the building where the children will have more space. Ms. Williams asked if there were any questions from CDAC members: Ms. Tedrick asked about the number of volunteers serving the day care. Ms. Williams responded that they have 13 UNT volunteers that come in every day and they also have foster grandparents that help. Ms. Tedrick asked about funding other than that from the Meadows Foundation. Ms. Williams indicated that they had also request funding from the Dallas Women?s Foundation for scholarships, the Denton Benefit League will probably assist with doors and windows. Altrusa of North Texas has also adopted Fred Moore and they provide assistance with diapers, baby food, etc. Ms. Berry asked about the architectural design and how thorough the cost estimates were. Ms. Williams explained the design included everything that was needed. She noted that the facility is and will continue to be ADA approved. Ms. Tedrick and Ms. Ross wanted to know the status of the other grants and what would happen if Fred Moore did not get all requested funding. Ms. Williams indicated that they are working on the Peterbuilt and Co-Serve grants and that Meadows stated they would go up to $150,000. Ms. Williams indicated that they have a great need for the two rooms and that they would probably leave off the parking lot????? She added that the main focus of their fundraising is for operations. She noted that they charge 10-15 dollars more per week at City County. At Fred 50 Page Moore, $45 is the minimum and $80 is the highest pay rate The charge is $80 per week for infants. Mr. Touraine asked how many parents are provided with childcare assistance. Ms. Williams responded that 21 to 22 have CCS assistance. She stated that they had more households with assistance but that CCS lost a grant from the United Way and that number has decreased. Ms. Tedrick inquired as to how active the board was in fundraising. Ms. Williams stated that they are doing some new things like a candy sale and solicitation letters. There is also a back-to-school festival in which the board participates. She indicated that most of the funding raised through these efforts goes into operations. Mr. Touraine asked how many of the teachers are certified. Ms. Williams stated that all of the teachers are OK by State standards. To keep their certification, they must have at least 25 hours of early childhood education each year. Five employees have degrees. Ms. Tedrick asked how the agency planned to pay the higher utility bills due to the expansion. Ms. Williams indicated that the agency?s revenues would go up because of the increase in the number of children served. Ms. Williams also explained how the childcare partners with other organizations to teach parenting skills. The facility has monthly parent meetings. There were no more questions. th The members were reminded that the meeting on the 16 would be held in the back meeting room at the Civic Center. The meeting was adjourned 51 Page OFFICIAL MINUTES COMMUNITY DEVELOPMENT ADVISORY COMMITTEE February 16, 2006 Civic Center Meeting Room Members Present: Ron Aldridge, Sandra Benavides, Cassandra Berry, Walter Eagleton, Cathy Tedrick, Edward Touraine, and La Nelle Winn Members Absent: Larry Collister, Maureen Jamail Staff Present: Barbara Ross, Nancy Baker, Alma Espino, Gordon Meredith, Luisa Rodriguez- Garcia Edward Touraine called the meeting to order. Engineering Projects Rebecca Guthrie from the City?s Engineering Department provided a presentation on three applications for funding ? Skinner Street Sewer, Wilson Street Sewer and Mulberry Ave Repave. Ms. Guthrie discussed the Skinner Street Sewer replacement project. She suggested the members look at page seven for a map of area. The project would be from Prairie Street to existing drainage channel. They are requesting $65,000 for the project. The sewer will be upgraded from a six-inch to an eight-inch line. The existing water line will also be replaced using CIP funds. Ms. Guthrie stated that the City would like to do both at the same time. She noted that a six-inch is now considered to be substandard. The Wilson Street Sewer project is from Bushey to Newton. They will also be replacing a six- inch line with an eight-inch. Three manholes will be installed and approximately 1300 feet of sewer line. The project will directly affect 17 households. Ms. Guthrie stated that Engineering is asking for $130,000 for the project. This project will also include a water line constructed using funds from the CIP. Ms. Guthrie then discussed the Mulberry Ave. Repave projects. She noted that they were requesting $64,000 for the project. Cassandra Berry asked about the professional fees on the sewer replacement projects and could they be reduced if both projects were completed at once. Ms. Guthrie stated that the professional fees are for Engineering to design and to monitor the project. She was unsure as to whether the fees would come down if projects were combined due to one project being City employees carrying out the work. Construction costs might be less. Ms. Guthrie discussed that costs are up due to hurricane Mr. Touraine asked if they were going to repave the entire street on the water/sewer project sites. Ms. Guthrie discussed the requirements regarding water and sewer line separation. It could be repaved or patched depending upon how much of the street has to be torn up. 52 Page Ms. Guthrie explained that you don?t replace the existing lines. You would have to bypass pump water and sewer to do that. In some instances sewer is behind the curb and would be moved to the streets. Walter Eagleton asked how Engineering chose these particular projects. Ms. Guthrie explained that representatives from the department attend the public hearing and listen for projects and look at those that might be submitted to CD directly. She noted that they also have lists that the City would like to do that could be in the low/mod area. Cathy Tedrick commented that she saw where it is almost three years before projects are completed. She asked what happens if the committee allocates funds and then the cost goes up. How is it paid for? Ms. Guthrie stated that they work with CD to see if additional funds can be found or they cut back on the original scope of the project. On the Anderson Street project, the Street Department was able to come up with additional funding. Ms. Tedrick asked if there was any citizen input, complaints, etc regarding the need for the proposed projects. Ms.Guthrie was not aware of any complaints. There have been breaks in the sewer lines and everyone is aware of street problems but they are not aware of any specific complaints. Ms. Guthrie noted that they did not receive a lot of citizen input during the past year and at the public hearings. Sandra Benavides asked about the amount of footage on the street project? Ms. Guthrie said she?d get that information to staff. Ms. Benavides noted that the application said that seven homes would be affected but that only two homes were on the street. She added that there is also the funeral home and asked if it was good to put money into a street that only serves two homes. Ms. Guthrie stated that they would like to repave Wood Street and submitted that last year but with the decrease in funding they thought a smaller project would be a better request. Ms. Ross commented that repaving a neighborhood street would serve more than just the residents on that street, it would serve anyone in the neighborhood that uses it. She noted there was additional traffic due to the funeral home location. Home Improvement Program Alma Espino, Housing Programs Specialist, who works with the Home Improvement Program provided a brief presentation on the program. She stated that the request is for $598,000. This estimate is based on the assumption that most projects would be reconstructions rather than rehabilitations. Ms. Espino noted that the program would also do new construction in cases where someone has a vacant lot. This depends on circumstances and if the property owner is currently in substandard or unaffordable housing. Mr. Touraine asked what the difference was between rehab and reconstruction. Ms. Espino explained that reconstruction included the demolition and rebuilding of a home, rehabilitation was work on the existing structure. She stated that participants in the program must have good credit and if not, they have to work with a credit agency to get that in line. They have to show the ability to own and maintain a home, including payment of utilities and taxes. A loan terms 5 ? 20 years depending upon the amount of funds expended on the project. The program addresses code items, overcrowding, deterioration problems and accessible features. Ms. Espino provided the committee with photos of completed projects. She discussed the positive affect that this program has on neighborhoods. The program also provides classes on home maintenance and budgeting to the homeowners. 53 Page Gordon Meredith, Residential Construction Specialist, does a walk through upon completion and staff is planning to do a six-month walk-through and discuss any maintenance issues with the owner. She noted that staff tries to keep clients informed of maintenance issues. Ms. Tedrick asked where houses are located. Ms. Espino stated that were in scattered sites around city. Mr. Touraine asked if the program pays rent for those whose homes are ?reconstructed.? Ms. Espino said no, that these are voluntary relocations and that the families have time to make alternative housing arrangements. It was noted that they usually move in with relatives or rent an inexpensive unit. Mr. Touraine asked about contractors. Ms. Espino explained the bidding process options where either City staff or the owner can obtain bids. The owner chooses the contractor if their bid is within 10% of the cost estimate. All contractors must meet minimum requirements. Mr. Touraine asked if any of the contractors are minorities. Ms. Espino explained how the contractor opportunities are advertised. She noted that they attempt to market to women and minority contractors. Often, insurance requirements make it difficult for small firms to participate. Nancy Baker stated that the contractors also hire minority subcontractors. Ms. Tedrick asked for clarification on the mortgage issue ? if they?ve paid off a mortgage, they now have another one? Also, she asked whether there had been any participants who then could not stay in their home. Ms. Espino and Ms. Ross described the lien that is placed on the property. If clients are very low-income, most of the costs of the rehab/reconstruct are forgiven over the loan term and they are only paying back a small percentage. Ms. Ross indicated that often elderly homeowners pay only 10% of the cost. Ms. Espino stated that this amount would usually be about $32.00 per month. Ms. Espino also explained the process when someone passes away. The income of the heir is taken into consideration and a new payback may be calculated. Minor Repair Program Gordon Meredith, Residential Construction Specialist, who works with Minor Repair Program, gave a presentation on the program. He stated that this is the tenth year of the program and that it fills a very vital niche in our community development program. There is a limit of $5,000 per repair. Examples of repairs are leaking roofs, failing heaters, leaking hot water heaters, etc. He stated that the program allows the City to address items for persons who have to wait for more comprehensive repairs. Mr. Meredith explained the pie chart with project census tract information. In areas with large number of older homes there is usually a need. He noted that the program allows for repairs to mobile homes but only at $2,500. Mr. Meredith commented that the revised program guidelines break funds down into quarterly increments to ensure that some funds are available for all seasons, particularly heating and cooling issues. Mr. Touraine asked if the program could use more funds. Mr. Meredith commented that the program could always use more funds. Ms. Ross explained that since funds are limited staff is careful not to expend too much on the ?Band-Aid? approach of the minor repair program. The real intent of the housing programs is to help families so that they won?t have to keep coming back for assistance and the units can be put in standard condition. Ms. Berry asked if homeowners did not initially need the entire $5,000 could they come back for additional repairs. Mr. Meredith and Ms. Baker explained that the program did not provide $5,000 per unit but this was the maximum that could be spent. They did note however, that there were some instances when something went out a week later, where they would go back. The program limits assistance to one minor repair within a year?s time and no more than three minor repairs per unit. Mr. Eagleton asked how people find out about the program. Mr. Meredith stated it is through word of mouth, CD newsletter, and Charter mentions it on the City?s cable channel, etc. 54 Page Homebuyer Assistance Program Luisa Rodriguez-Garcia, Community Development Coordinator, described the Homebuyer Assistance Program. She stated that it started in 1992 with CDBG funds. The program can use either or both CDBG and HOME. Over the years, the program has assisted 449 families. The number of families assisted per year has been as much as 90 but, things have slowed. Homes have to be in good condition due to the fact that low-income families can?t usually afford a lot of repairs. Last year only 15 families were assisted and so far this year, eight families have applied and have found homes. Ms. Rodriguez-Garcia stated that interest rates have dropped some and business is picking up. She indicated that the program has excess money from last year so the request is smaller than usual. This will allow the City to assist approximately 35 households over the coming year. These funds are supplemented with funds from the Federal Home Loan Bank. Ms. Rodriguez-Garcia provided examples of households that need more than down payment assistance. The program also requires the provision of homebuyer education. A lien is placed on each assisted property based on the forgivable loan term. It was noted that the lien is forgiven if the family lives there for the entire loan term. If the household sells before the end of the term, they will repay the unforgiven portion back to the City. Ms. Berry asked if the program was helping the people from New Orleans. Ms. Rodriguez-Garcia stated that the program has a 12-month residency requirement but it has been waived for Katrina evacuees. Mr. Touraine asked what the maximum amount of assistance was. Ms.Rodriguez-Garcia stated it was $14,900 and with FHLB funds, they can go up to $19,900. The homebuyer must put in some funding. The City?s loan is forgiven at the end of the affordability period. The next meeting date was set for Wednesday, February 22 at 11:30 am. Members discussed the use of the project scoring form. Ms. Ross asked that the form be returned to her by Tuesday. The meeting was adjourned. 55 Page UNOFFICIAL MINUTES COMMUNITY DEVELOPMENT ADVISORY COMMITTEE March 2, 2006 Civic Center Meeting Room Members Present: Sandra Benavides, Walter Eagleton, Cathy Tedrick, Edward Touraine, and LaNelle Winn Members Absent: Ron Aldridge, Cassandra Berry, Larry Collister, and Maureen Jamail Staff Present: Barbara Ross Edward Touraine, chairperson, called the meeting to order. thth The minutes from February 15 and 16 were approved with no corrections. Barbara Ross provided the members with a copy of the final numbers from the scoring sheets completed by CDAC members. Eight committee members completed the scoring sheets giving a higher number to the applications that they felt were the highest priority. The scores for each application are listed below: 5 5 5 3 4 5 5 5 Fred Moore Nursery Improvements 37 5 3 5 4 5 3 5 5 Home Improvement Program 35 4 5 4 5 5 4 4 3 Homebuyer Assistance Program 34 5 2 3 4 5 5 5 4 MLK Kitchen Renovations 33 4 5 3 2 4 4 4 4 DAHC - AHOP 30 4 1 3 4 4 5 3 4 Minor Repair Program 28 3 2 3 5 3 5 2 4 Skinner Street Sewer Replacement 27 3 2 2 5 3 5 2 4 Wilson Street Sewer Replacement 26 3 3 2 2 3 4 2 4 New Generation Playground 23 4 1 1 3 2 5 2 3 Mulberry Ave. Repave21 56 Page Members reviewed the scoring sheet. Fred Moore Day Nursery School received the highest score. Members agreed that the Fred Moore improvement project should receive full funding. Mr. Touraine asked members how they felt about New Generation Childcare. Members discussed concerns about the structure of the organization. It was noted that the organization doesn?t appear to have a ?full board? and also have not developed a budget that details revenues and expenditures. Members also commented that the organization rents it?s current facility and that they had recently moved from St. Andrews Church. Members agreed that they might look at future funding but would like to see a more stable organization with an active board before funding is provided. LaNelle Winn stated that she felt the infrastructure projects were very important. Members discussed the sewer projects and the repaving of Mulberry Street. Ms. Winn also noted that she visited the MLK kitchen and that it was not in good condition. Cathy Tedrick indicated that she had previously assisted with the Kids Unlimited Program and that the kitchen did not work well for that program. Members agreed to fully fund the MLK kitchen renovation. Ms. Tedrick asked to discuss the Home Improvement Program and noted this was the highest level of funding requested by any applicant. Ms. Ross explained that currently, the program primarily carries out ?reconstructions? rather than rehabilitations and that this is why the cost per unit is so high. She noted that a portion of the funding also goes to program soft costs. Ms. Tedrick asked if a reduction would mean that fewer units would be rehabbed/rebuilt. Ms. Ross indicated that this was correct. Ms. Tedrick also noted that the Homebuyer Assistance Program (HAP) had funds left from the previous year. Ms. Ross commented that home sales were slow last year but were already picking up. She added that Ms. Rodriguez-Garcia reduced her request due to the fact that she had funds left from last year. Members agreed that they would not provide full funding for HAP but would allocate the program-related soft costs from CDBG for the program. Mr. Touraine suggested that the Skinner and Wilson Street sewer projects receive full funding. After correction of the funding sheet, members agreed to fund both sewer projects. Ms. Ross reviewed previously funded public improvements and their status. Mr. Touraine suggested that the committee take out the $24,000 of administrative costs that the Denton Affordable Housing Corporation had requested and provide the agency with $140,000 for the Affordable Housing Opportunity Program. Members agreed and DAHC was allocated $140,000 specifically for AHOP. This action left approximately $16,000 to be allocated. Members agreed not to fund the Mulberry Repave project and to put the remaining CDBG funds into the Home Improvement Program. Ms. Winn moved to approve the allocations as stated. Walter Eagleton seconded the motion. The motion was unanimously approved. The recommended allocations are listed below: 57 Page CDBG HOME 2006 FUNDS FUNDS FUNDING APPLICATIONS REQUEST $729,574 $532,076 2COM DEV HOME IMPROVEMENT PROGRAM $598,015$144,109$392,076 HOMEBUYER ASSISTANCE 3COM DEV $109,500$45,000 PROGRAM 4 COM DEV MINOR REPAIR PROGRAM $101,697 $101,700 5 ENGINEERING SKINNER ST. SEWER REPLACEMENT$65,000 $65,000 6 ENGINEERING WILSON ST. SEWER REPLACEMENT $130,000 $130,000 7 ENGINEERING MULBERRY AVE. REPAVE $64,000 $0 PARKS & MLK RECREATION KITCHEN 8$48,765 $48,765 RECR.RENOVATIONS AFFORDABLE HOUSING 9NON-PROFIT$164,000$0$140,000 OPPORTUNITY PROGRAM FRED MOORE DAY NURSERY 10NON-PROFIT$195,000 $195,000 SCHOOL IMPROVEMENTS 11NON-PROFITNEW GENERATION PLAYGROUND $27,091 $0 TOTAL FUNDING RECOMMENDED $1,503,068 $729,574 $532,076 th Ms. Ross told the members that April 18 would probably be the date for the CDAC and the HSAC to present their recommendations to City Council. The public hearing on the Action Plan would also be held that evening at the regular session. She stated she would send out the minutes and ask for corrections and approval via email. The meeting was adjourned. 58 Page OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 8, 2006 Members Present:Teri Rheault, Charles McLain, Steve Pogue, Jodi Vicars-Nance, Mae S. Benford, Mary Tisher, Kami Fletcher, Lilia Bynum Members Absent with Notification: Jan Hillman, Sonja Ball, Dena Claus-Bruton Staff Present: Rachel Ingram, Human Services Coordinator and Barbara Ross, Community Development Administrator On behalf of Chairperson Lilia Bynum, Rachel Ingram called the meeting to order. The HSAC members introduced themselves and stated how long they had served on the committee. Ms. Ingram asked the members which agency scoring sheet they preferred to use. Barbara Ross provided a brief explanation of the process from agency hearings to development of recommendations to City Council. Teri Rheault stated that she preferred the one that allowed you to choose a number score and state ?yes or no? to funding for the agency. Jodi Vicars- Nance and Mae S. Benford also indicated that they preferred the same scoring sheet as Ms. Rheault. Kami Fletcher indicated that she did like the comments section on the other form. Ms. Ingram stated that she could add a comments section to the other form. Teri Rheault moved for acceptance of the form including the number scores. Members voted unanimously to use the form. Members discussed time frame for hearings and amount of time that each agency would have for their presentation and questions. Ms. Ross stated that perhaps with fewer agencies, HSAC might want to give them more than the ten minutes they had last year. Jodi Vicars-Nance stated that she felt ten minutes was sufficient. Mary Tisher reminded the members that the agencies previously had three minutes to make their presentation to the committee. Steve Pogue asked about the hearing process. Ms. Rheault explained the purpose of the hearings and how they were usually handled. Ms. Rheault asked about funding levels. Ms. Ross said that the City was about to begin their budget process but that she had not received any direction regarding human services funding. She did state that CDBG funds allocated to the City were reduced for 2006-07. This would mean about $10,000 less for human services under the CDBG cap. Ms. Ingram stated that staff would provide the committee with a comparison sheet showing funding in previous years. Ms. Fletcher asked if the report to City Council was a written report or a presentation. Ms. Ross indicated that the HSAC chairperson usually did a presentation to City Council at a work session. Lilia Bynum asked when that would occur. Ms. Ross stated that it would be at one of the Council meetings in April. 59 Page Ms. Vicars-Nance again suggested that each agency be given ten minutes. The members agreed. The members discussed potential dates and times for the agency hearings and a meeting to develop their final recommendations. Ms. Ingram indicated that Sonja Ball could not attend meetings during the day. Members agreed to do night meetings. rdthth Meetings were set up for February 23, 28 and March 9. All of the meetings will begin at 6:00 pm. The location will be announced at a later date. Members commented that not everyone would be able to attend all three meetings but these dates are based on when the majority can attend. Ms. Bynum requested a worksheet that allowed members to keep a running tabulation of the funds they are recommending. Ms. Ingram said she?d put it together and get it out to the committee. Ms. Fletcher asked whom to email her comments and questions to if she is not able to make all of the meetings. It was agreed that the questions should be mailed to Ms. Ingram and she would bring these to the committee. Ms. Bynum indicated that HSAC members would make sure they discuss those issues and questions at the hearings. Ms. Ross stated that she would get the meeting dates for the council meetings in April out to the committee. Ms. Bynum asked if there were any further questions or concerns about the process. Ms. Ingram stated that the committee might also want to consider reallocating funding that was previously awarded to the Sickle Cell Disease Association since it appears that they are no longer active. Ms. Bynum stated that the United Way had also stopped funding them. Members agreed they would make a recommendation to reallocate the $2,500 to other agencies. The meeting is adjourned. 60 Page OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 23, 2006 Members Present:Sonja Ball,Mae S. Benford, Dena Bruton-Claus, Lilia Bynum, Kami Fletcher, Jan Hillman, Steve Pogue, Teri Rheault, Mary Tisher, Jodi Vicars-Nance Members Absent with Notification: Charles McLain Staff Present: Barbara Ross, Community Development Administrator AIDS Services of North Texas Suzan Stambaugh and Sam VaQuera of AIDS Services of North Texas stated that they are asking for funds for the nutrition center and unreimbursed medical expenses. Ms. Stambaugh noted that the City of Denton funds have been the backbone of the nutrition center for a long time. She mentioned that the outcome measures for the program are being met. The funds allow them to send patients to specialists. AIDS Services has a contract for reduced fees with various medical practioners. The number of hospital visits has stayed very low. Ms. Stambaugh provided some figures regarding the HIV/AIDS population. More women and youth are being admitted to obtain services. Dena Bruton-Claus asked if clients volunteer. Ms. Stambaugh stated that some do but confidentiality is important and for that reason, not many volunteer on a day-to-day basis. Lilia Bynum and Mae Nell Benford asked where they purchase their food. Ms. Stambaugh stated that they go to Tarrant County Food Bank and buy the meat from Kroger. They try to take advantage of sales, shop at Sack-N-Save, etc. AIDS Services attempts to give the clients as much protein as possible. Ms Benford asked how they get their medication. Ms. Stambaugh said there are federal funds under Ryan White to purchase medications. Deals have been made with manufacturers and medicine is available at reduced prices. Kami Fletcher asked about how sex education is affecting the increase in cases. Members discussed the education issue and how young people were responding to the information provided to them through the schools. SPAN Erica Lissberger and Becky Harral of SPAN discussed their request for funding. Ms. Lissberger thanked the committee for their support over the years. In 2005, 35,000 meals were provided in the City of Denton. More meals will be provided during the coming year. Ms. Lissberger noted that a ?hangar dance? fundraiser was taking place at the airport. She noted that the Board of Directors has asked for a line item for ?operating reserves.? Ms. Lissberger discussed the socialization that occurs at the congregate meals sites and how important this is for seniors. Often, with the home delivered programs the agency finds problems in the homes that need to be addressed. Teri Rheault asked why they didn?t project to assist many additional clients. Ms. Lissberger stated that this was because of budget limitations. Mary Tisher asked Becky Harral to make her comments. Ms. Harral told some stories about staff finding elders in need who were alone in 61 Page their homes. Children?s Advocacy Center of Denton County Dan Leal, Executive Director and LeAnne Breedy of the Children?s Advocacy Center of Denton County Board of Directors were present to answer any questions regarding the agency. Ms. Breedy discussed the District Attorney?s office involvement with the Advocacy Center. She indicated that the Advocacy Center assists the DA?s office by providing assistance to the families and the child. Dan Leal spoke to the therapy program that serves the children. In November of 2004, a therapy programmed opened up here in Denton. Mr. Leal indicated that they have more clients from Denton than from any other City. They are requesting $10,000. Ms. Breedy indicated that the agency does not provide services to the offenders. Ms. Benford asked about the rent. Mr. Leal stated that they pay both rent and utilities at their office. The request is for funds to pay rent. Ms. Rheault noticed that there are two identical requests from the auditor about what to do for the ?in-kind? revenue. Mr. Leal said they were addressing the problem by changing their donor tracking system. RSVP Diana Corona from RSVP introduced herself and discussed the needs of the Retired Senior Volunteer Program. She stated that they were recently able to do some education regarding West Nile Virus since the elderly population is particularly vulnerable. They also assisted with a th disaster drill on August 9. RSVP recruited 236 individuals for the drill. Ms. Corona stated that she felt this was evidence that RSVP can get volunteers when they?re needed. She noted that volunteering increases longevity. Ms. Hillman asked the purpose of the funds. Ms. Corona stated that they are asking for $10,000 to go toward the volunteer placement coordinator for the northern part of the County. The position was not funded in October. Ms. Ross asked about income levels of the volunteers. Ms. Corona stated in most cases they are moderate to low-income but most have to watch their finances carefully. King?s Kids program Cirilo Pedroza, Center Manager, for the City talked about the children?s programs carried out by the Denton Parks and Recreation Department. He described the King?s Kids program. They are requesting approximately $26,000 to serve about 80 children. Kami Fletcher asked if since they weren?t funded this year did they have a program. Mr. Pedroza said that this year there would be some programming but not much. He added that they would serve about 50 kids this summer. Owsley will have 60 kids. Mr. Pedroza stated that more funding has been received for that area. Ms. Rheault asked if other funds have been requested for King?s Kids. Mr. Pedroza noted that since the program began, it was funded with CDBG. Mr. Pedroza stated that the ?Imagine? program was cancelled to provide funding to these programs. Jodi Vicars-Nance asked if the Parks Foundation is doing other types of fundraising. Mr. Pedroza said he was only aware of these funds coming from the Parks Foundation to the summer programs. Ms. Bynum asked if staff could do other fundraising. Mr. Pedroza said they couldn?t ask businesses but could go for grants. Ms. Fletcher asked if they were looking for volunteers to do the programs. Mr. Pedroza 62 Page said they would have some paid staff but would also use volunteers. It was noted that Owsley was a drop-in center. Children can go home if they don?t want to attend the field trips. Ms. Benford asked if there was a waiting list. Mr. Pedroza indicated that they would not be able to serve all the children who want to participate. Owsley Summer Program Mr. Pedroza discussed the Owsley Summer Program. He noted that a problem exists in that the facilities are at least a mile away from where the children live. Ms. Rheault wanted to know if they had asked for more money from the Parks Foundation. Mr. Pedroza stated that it was a good suggestion. Ms. Hillman asked if you could give funds to the Parks Foundation for a specific program. Mr. Pedroza indicated that you could do that. Barbara Ross and Sonja Ball discussed some of the issues and delays concerning the Owsley Community School building. Cumberland Presbyterian Children?s Home Kay Goodman, Board Chair, and Randy Spencer, Executive Director provided some information about the request from Cumberland Presbyterian Children?s Home. Ms. Goodman explained the mission of Cumberland to provide healing and hope to families in need. She talked about the ?Denton? duplex funded partly by the City. Ms. Goodman stated that Cumberland needs the funding to pay part of the salary for a social worker. Mr. Spencer stated that they have increased their capacity to serve ten families. He added that they want to enhance the case management services. But, budgets are tight and they are in need of additional funds for support services. Mr. Spencer and Ms. Goodman talked about the technology center at the campus. They have a grant from Verizon to establish a computer network for the campus. Ms. Fletcher asked if the transitional family could stay longer than one year if needed. Mr. Spencer indicated that they could. He discussed the plans they sit down and create with the family. There may be an outside limit of 18 months as long as they are working on becoming self-sufficient. Ms. Vicars-Nance asked about staff. Mr. Spencer stated that the case manager is now managing the entire program and the number of families has increased, so, they need additional staff. Ms. Goodman talked about the needs that continue to exist for these families and yet funds are not available. Steve Pogue asked about the cash balance that was left in last year?s budget. Mr. Spencer stated that the reserve was spent to serve the families. He noted that they are getting down to the bottom of the reserves. Day Stay for Adults Andre Villarreal of Day Stay for Adults spoke about his application for funding. Mr. Villarreal stated that their main goal is to provide a safe environment for people with disabilities. The care they provide allows caregivers to work or take a break. Family caregivers are saving taxpayers millions of dollars. Day Stay is taking care of both the disabled person and the caregiver. Day Stay allows that family member to stay at home for a longer period of time. Transportation is a problem for the agency because they serve clients all over Denton County. Mr. Villarreal noted that eight board members are from Lewisville. They are looking at building another facility in Lewisville. Dena Bruton-Claus noted that they were licensed for 25. Mr. Villarreal noted that this was an error on the application. He stated that the number should be 59. He also added that though the 63 Page facility is large they would not be able to serve more than 45 persons because of their disabilities. They have a five-year lease and are looking at what they could do at the end of that lease. He stated that they are a licensed facility just like a nursing home. Ms. Rheault asked about the fact that only 60% of clients live in the City but the funding is only for City of Denton residents. Mr. Villarreal stated that this was correct. More clients from outside Denton are coming to the facility. Ms. Benford asked if they participated in the NAACP health fair. Mr. Villarreal stated that they did. Ms. Benford asked what would be the worst-case scenario be if they had 59 clients at the facility. Mr. Villarreal indicated that someone might fall over a wheel chair. Denton Christian Preschool Judy Royal, executive director and Jane Moyna, volunteer staff, told the members about Denton Christian Preschool. Ms. Royal stated that the need has increased over the years since the agency?s inception. She provided some information that is not included in the quarterly reports provided to the City. She mentioned that some of the families are involved with Child Protective Services. Other families are also involved with law enforcement agencies. Ms. Moyna stated that they used some projections from DISD regarding families in need. There are over 1,000 children that are in need of any early intervention program. Denton Christian Preschool is serving 62 of these. Kami Fletcher asked about the fact that they are a Christian-based school and how does that limit the population that they serve. Ms. Royal stated that the name came from the 17 churches that came together and started the school. However, she added, they serve anyone and the name is not intended to limit the children that are served. Many of the families served have no church affiliation. Ms. Fletcher asked for the number of children that don?t attend church. Ms. Royal indicates that they do not ask that question. Sometimes you can tell from what the children say. It was noted that none of their curriculum was religion-based. Ms. Benford asked about their use of volunteers. Ms. Royal said that they have volunteers from UNT and other volunteers that assist. Ms. Rheault asked about funding and what the organization does to obtain funds. Ms. Moyna stated that they have fundraisers and continue to try to expand those activities. It was noted that they have two sessions ? morning and afternoon. Denton City County Day School Carolyn Berry, executive director, Denton City County Day School, stated that she has been with the school six years. She stated that they have increased enrollment from 66 to 74 children. In the summer they now offer a child care program for children five to eight. Ms. Berry stated that they have completed a gymnasium - now the children can play in bad weather. She noted that they have seen growth in their bilingual classroom. There is a waiting list for that classroom. They serve 88 ? 90 children from Denton per year. Ms. Fletcher asked how the $36,000 would be spent. Ms. Berry stated that the funds would help pay the salaries for two teachers. Ms. Benford asked if there was a nurse on staff. Ms. Berry stated no, but that all staff members are certified in CPR techniques. HOPE Inc. Barbara Atkins, executive director, HOPE Inc. discussed the need for the Transitional Housing 64 Page Program. She stated that HOPE has been serving homeless and potentially homeless families for 20 years. The Transitional Program serves families for one to two years. She noted that the numbers in the program are small. It is a very intensive program and is long term. It will be 95% to 100% female head-of-households. Ms. Atkins commented that there were another 70 families that HOPE could have served but didn?t have the resources. Ms. Fletcher asked how important are the volunteers and did they have training. Ms. Atkins said that the volunteers they use are ?behind the scenes? volunteers. They do baskets, work on getting clothes, etc. They hope to use volunteers to do some financial counseling. Volunteers also have confidentiality training. Homeless Management Information System Ms. Atkins then discussed the HMIS request. She stated that she chairs the Steering Committee for the Denton County Homeless Coalition that oversees the HMIS program. Ms. Atkins noted that two local agencies received $565,000. These agencies wouldn?t be able to apply for this funding if they didn?t participate in an HMIS system. Other agencies may also want to apply for funding. The City of Denton participates by being the funding agent. Ms. Atkins described the agencies that are participating in the HMIS. She stated that they want to bring in other agencies that have needs for data. The database has the capacity for sharing. Ms. Atkins explained that there is a lot involved in maintaining confidentiality for clients. The system is there to capture data not infringe upon people?s privacy. Ms. Fletcher asked about HUD funding for personnel. Ms. Atkins stated that there is a match requirement and that?s what these funds are used. th Members agreed to set the next meeting for March 9 at 6:00 pm. Ms. Ross stated that she and Ms. Ingram would get back to them on the location. The meeting was adjourned. 65 Page OFFICIAL MINUTES HUMAN SERVICE ADVISORY COMMITTEE MEETING February 28, 2006 Members Present:Sonja Ball,Mae S. Benford, Dena Bruton-Claus, Lilia Bynum, Jan Hillman, Steve Pogue, Mary Tisher, Jodi Vicars-Nance Members Absent with Notification: Teri Rheault, Kami Fletcher, Charles McLain Staff Present: Barbara Ross, Community Development Administrator Rachel Ingram, Human Services Coordinator 1. Toni Johnson-Simpson, Executive Director, Denton Co. Friends of the Family (FOF): addressed the organizational mission and need for additional funds as resources decrease. The committee asked about increase in units of services and average number of volunteers per month and total number of volunteer hours per month listed in application. Staff asked why federal funds were cut considerably. Ms. Johnson-Simpson stated increase in services was attributed to both the increased reporting of domestic abuse/assaults and improved awareness of FOF services. FOF stresses group counseling to overcome isolation of victims. Ms. Johnson-Simpson stated the average number of monthly volunteer hours was high because it included intern hours. Decreased dollars from the federal level was for the entire DFW area. 2.: Lillian Ewagata, Director of Mental Health Denton County MHMR ? Sierra Program Services, stated the program helps individuals involved in the criminal justice system. Ms. Ewagata provided copies of the 2005 audit, which was unavailable when the application was submitted. The committee asked about preventative measures taken to keep clients out of jail, MHMR affiliation with University Behavioral Health Clinic (UBHC), available assistance for clients without insurance at UBHC, the vacancy of the SIERRA program position, decrease in units, and use of volunteers in SIERRA program. Ms. Ewagata?s responded as follows: Program provides case management, rehabilitation, and social skills development to help prevent additional incarceration. UBHC is a blessing and resource to have in the community. As many clients without insurance are assisted as possible at UBHC. The vacancy was open for about two months because of difficulty finding a person with the appropriate experience, passion for the work, and ability/desire to visit clients in jail. The units of service are down due to the vacancy. The position is a full-time position and will work with volunteers. 3.: Fran Moore, Executive Director, and Janna Marshall, Board Family Resource Center President, were present. Ms. Moore stated the agency would be changing its name to Family Resource Center of North Texas as recommended by its advisory council. Ms. Moore stated the old name limited grant opportunities south of the lake and in the other North Texas counties the agency serves. The agency will now have the ability to go after funding from a broader base and other municipalities. They now have a strong advisory council as they move forward in serving more families. Members of advisory have pre-existing ties with the 66 Page agency. 4.: Traci Laxton, Executive Director, and James Kirkpatrick, Fairhaven Retirement Home Board President, were present. Ms. Laxton stated the organization has been in Denton for 50 years offering affordable, safe, and clean housing for seniors. No medical services are offered. The requested funding would pay for a housekeeper to do the strenuous cleaning. Committee asked about food services, costs to residents, volunteers. Food services are provided and the resident costs are based on income and a sliding scale. Residents who have lived at Fairhaven for an extended period receive grandfathered rates. House cleaning is done twice per month for each resident. City of Denton amended its 04-05 agreement with Fairhaven at the request of Fairhaven. Ms. Laxton stated the amendment was needed due to the loss of several residents who had serious health needs and needed to be placed in assisted living facilities. Occupancy is at 30 with a net gain of 12 new residents this past year. Staff and board hope to continue momentum. Board president stated there are several reasons why the agency has not been at capacity. It is older facility and had several residents that should not have been present at Fairhaven. The market is different than 25 and 50 years ago. Volunteers assist with maintaining the plant grounds, sing alongs, game facilitation, and transporting residents. Fairhaven uses RSVP volunteers to assist with transportation. Fairhaven relies heavily on volunteers due to the small size of staff. 5.: Patrice Capan, Exec. Director & Clinical Nurse Specialist, Family Health Care (FHC) discussed history and diversity of funding. OBGYN and limited male services are offered. FHC currently has 248 pregnant women and a bilingual staff. The agency accepts private insurances and offers a sliding scale for payment. FHC serves Denton County and due to word of mouth residents from Oklahoma, McKinney and Decatur come for services. Committee asked why growth of prenatal care not present in application, about the acceptance of undocumented clients, and about the auditors note that more than one person should handle finances. Ms. Capan stated growth with prenatal care is not presented in the application because of the limited funding availability and cuts. FHC accepts undocumented clients. When auditor note was made FHC only had three staff members, which made it difficult to have only one person handle finances. They have now addressed the auditor?s note with the increase of staff. FHC receives funding from United Way donations, but is not a United Way agency. About 88% of 248 pregnant women are Hispanic. 6.: Laura Williams, Executive Director, stated Fred Moore focuses on Fred Moore Day School providing low-income families with affordable fees and a sliding scale. Fred Moore is currently at capacity and offers a summer program including school holidays for school-age children. Fred seeks to maintain the quality of teachers. Literacy and curriculum are important. Ms. Williams stated the key is educating and not just operating as a nursery. All age groups are tested for motor skills for age- appropriate advances. Children headed toward kindergarten are evaluated on preparation skills. 7.: Ed Ellis, Treasurer, stated Denton Community Food Denton Community Food Center Center began in 1974 and is made-up of only volunteers. Mr. Ellis stated the food center serves as a conduit of community services and serves more families in need each year. The food center has not requested more than $3,000 per year for utilities, which do not exceed 67 Page $3,000. Funding awarded has not been $3,000 in the past. The committee asked about any audits later than 2003. Mr. Ellis stated a UNT adjunct professor would have her class conduct the audit in the past. The board knows the importance of an audit and plans to have an audit done this year. Jan Hillman suggested contacting another UNT or TWU professor that may be willing to donate his/her time in conducting the audit. 8.: Don Louis, Board Member, stated the Owsley Community Owsley Community School School provides four programs with youth-targeted programs making up three of the programs. The school began in 2000 with music programs. Work-study and graduate students are used to help educate students. Highland Baptist Church is the temporary site for the program. Fifty percent come from Calhoun Middle School. At 3:30 p.m., students begin homework with structured activities following. The committee asked about the City?s recommendation for an independent audit. Mr. Louis responded that an independent audit was done and he would provide copies to staff in the morning to distribute to the committee. Mr. Louis stated the audit reflects 2003 and was not included in the application as an oversight. Mr. Lewis stated finding alternative long term funding sources has been difficult. Committee asked about the status of the permanent location. Mr. Lewis stated there had been some legal issues concerning City ownership of the property. Mr. Lewis stated in his opinion the board lacks the skills to know how to maneuver through City bureaucracy. They are moving forward and plan to have a new facility very soon. : Sonja Committee Discussion Ball provided additional information on the Owsley property status at the request of the committee. Ms. Ball stated not having a long-term site has been a significant road block to getting students to the current location. Permit issues have delayed the process. A volunteer helped with getting the permit, but is no longer available. There is only one part-time employee who works with students and does not have the time and expertise to assist in the other parts of the process involving the building. The organization working with children has to have insurance not the church. Ms. Ball stated they have a building. The problem is getting the building on the lot and getting the lot prepared. Ms. Ball stated the Owsley Community School serves a lot of children when it is fully operational. 9.: Mary Gwinner, Program Director, and Jim Barton, Co-Founder, were Riding Unlimited present. Ms. Gwinner read Mr. Barton?s statement. Mr. Barton was a participant in many programs as a child living with cerebral palsy and wrote the Riding Unlimited program is unique as it is a microcosm of life, helps participants deal with life in a controlled environment, and teach life skills. The Committee asked how was Riding Unlimited different than Spirit Horse and how many scholarships will the requested amount provide. Committee also asked if participants return year after year, if there was a waiting list, what was the age range of participants, and how are volunteers used. Ms. Gwinner stated Riding Unlimited is the only horsemanship and carriage driving therapeutic program accredited by NARD in the area. Riding Unlimited hosts the area special Olympics? equestrian event. The funding will provide three full year students or more than three partial scholarships depending on the need. Students return year after year. Riding Unlimited is close to having a waiting list, but at the time they are able to offer services to all interested parties. The youngest participant was two years old and the oldest was 81. They have junior volunteers ages 11-14 and volunteers 14 & up who work with the classes. 68 Page 10.: Kathy Schaeffer, Program Manager, was present. The City of Denton ? Parks - ASAS ASAS program has been run for 22 years. They pick up 12 schools, approximately 95 children. Ms. Schaeffer stated the participants are overflow kids who can?t get into the DISD afterschool program. The ASAS program offers sports and activities. Committee asked does the ASAS lose children as DISD spots become available. Ms. Schaeffer stated ASAS may sometimes lose kids when an opening in DISD program becomes available, especially if the children reside far from the Denia Center. The children and parents are usually happy with the ASAS program and sometimes those who leave may return because they like the program better. Sixty-three percent of the students are below poverty level. There are no general funds involved in salaries for the programs. Some outside fundraising is done to help with scholarships. Program is a 10-month program. 11.: Sherri Gideon, Executive Director, has been with CASA about 6 years. Ms. Gideon CASA stated she has witnessed the agency grow enormously. The board desires to place structure in to accommodate the growth. The agency struggles with the decision of serving 100% of the children due to the limitations of the agency?s current structure. Currently, CASA is taking the cases with the most urgent needs. Establishing more efficient systems is priority before bringing in additional staff positions. The Committee asked if CASA still expected the same numbers of clients as listed on the application due to them no longer accepting 100% of the children appointed. Ms. Gideon stated they are still expecting the same number of clients as placed on the application. : Recommendation will probably go before council on April 18. Staff Committee Discussion will confirm the amount of CDBG funds available for Human Services. The amount of the City?s general funds for Human Services is not known at this time. Committee asked should they stay within last year?s budget. Barbara Ross stressed the committee was council appointed and staff should not make suggestions on committee decisions. Sonja Ball suggested having the scoring sheet formatted with form fields. Rachel Ingram will work on this for next year. Lilia asked what kind of recommendation presentation she needed to prepare. Barbara stated staff would put together a presentation and Ms. Bynum could use what she felt was needed. Meeting adjourned at 8:50 p.m. Next meeting is scheduled Thursday, March 9, 2006, at 6:30 p.m. to 9:00 p.m. 69 Page OFFICIAL MINUTES HUMAN SERVICES ADVISORY COMMITTEE MARCH 9, 2006 Members Present: Lilia Bynum; Kami Fletcher; Jan Hillman; Steve Pogue; Teri Rheault; Mary Tisher; Jodi Vicars-Nance Members Absent: Sonja Ball; Mae Nell Benford; Dena Bruton-Claus Staff Present: Rachel Ingram; Barbara Ross Lilia Bynum, chairperson called the meeting to order. Members reviewed the minutes of February thrdthth 8, 23 and 28. A correction was made to the minutes of February 28. Each set of minutes was approved unanimously. Rachel Ingram explained the tabulation of the committee member?s scoring sheets. Members discussed the limited funding that was available for human services. It was noted that the CDBG cap for public services was down to $133,566 due to a reduction in the City?s 2006 CDBG allocation. Members reviewed their scores for each program and discussed funding levels. AIDS Services had proposed funding of $8,562 according to the scoring sheets. Members felt that this amount was appropriate. It was noted that AIDS Services has four offices in the area and does an excellent job of fundraising.AIDS Services amount was set at $8,500. CASA requested $10,000 last year and received $5,000. Members agreed to increase the CASA award to $7,000. Ms. Tisher suggested that the Children?s Advocacy Center award remain at $6,000. Members discussed that this would be a significant funding cut. Members agreed to fund the agency at $7,000. Members looked at the After School Action Site program. It was noted that they received no funding last year. Ms. Hillman and Ms. Rheault stated that the program should request their funding from the Parks Foundation. Ms. Vicars-Nance stated that the program seems to get turned down by the City when the request is submitted as a supplemental budget package. Ms. Fletcher indicated that she felt the programs should receive some funding. Members continued the discussion regarding Parks programming. King?s Kids was also not funded last year. Ms. Fletcher stated that the Parks was asking for funding for three programs and asked if perhaps the committee would want to recommend funding for at least one of these programs. Ms. Vicars-Nance asked if there would be a program if staff is not able to raise private funds. Ms. Bynum stated her concern that these types of programs are important to the community and funding should be considered. Members agreed to revisit the Parks programs. 70 Page Members looked at funding for Cumberland Presbyterian Children?s Home. Ms. Hillman noted that the organization had a good board that should be able to bring in some additional funding. It was noted that the funds would be used for a case manager. Ms. Tisher commented that she thought the program was very important. Members agreed but felt that the organization had significant resources and could raise the funding through other methods. Members requested that next year the applications include a question regarding what the organization would do if they did not receive City funding. Members agreed that the day care programs were very important and needed to be funded. It was noted that last year, all three day care providers were awarded $22,000. Members discussed the fact that City County and Fred Moore are the only full-service sliding scale day cares in Denton County. Members allocated $22,000 to Denton Christian Preschool. Community Food Center ? Members agreed to fund the program at $3,000. Denton County Friends of the Family had the highest score on the committee members? compiled scores for need of service. Ms. Vicars-Nance stated that their federal grant amount continues to decrease. Members agreed to include $23,000 in funding for the agency. Homeless Management Information System ? Members agreed that the development and maintenance of this system is necessary to allow Denton County to continue to receive Federal and State homeless funding. The members allocated $18,000. Jan Hillman had to leave at this time. Members noted that the Family Resource Center and MHMR did not have a score that was over 80 points under the need for service category. It was determined that they would come back to these after reviewing those organizations that scored over 80. Family Health Care provides services for indigent pregnant women. Members set aside $23,000 for the organization. Members discussed Fred Moore Day Care. Ms. Ross stated that the Community Development Advisory Committee is recommending $195,000 be awarded to Fred Moore Child Care for expansion and improvements to the facility. Members agreed to set the funding for Fred Moore at $27,000. Denton City County Day Care?s funding was set at $25,000. HOPE, Inc. was discussed. Ms. Bynum stated that $17,000 was the average award amount on the scoring sheets. It was noted that they received $20,000 last year. Members agreed to fund HOPE at last year?s level of $20,000. 71 Page Owsley Community School received $10,000 last year. Ms. Tisher stated that this is the program where they teach students how to play musical instruments. She added that the program would increase the children?s ?sense of worth.? Ms. Ingram pointed out that the Owsley audit had been mailed out to the members. Ms. Vicars-Nance stated that the City funding would go to fund Debbie Wren?s position. Ms. Tisher suggested that they fund the organization for $8,000. Ms. Rheault told the committee not to worry about Riding Unlimited, that she would assist them with fundraising. Members agreed to fund RSVP at $8,000 and SPAN?s meals program at $17,000 Members then returned to the Family Resource Center. Ms. Rheault suggested that they be awarded $5,000. Ms. Vicars-Nance pointed out the various programs that they carry out including the Teddy Bear Cottage, parenting classes, car seat safety. She also stated that they had bilingual people on staff. Fairhaven?s request for homemaker funds was discussed. Ms. Ingram stated that they were requesting about $300 per unit. They currently have $2,000 left from previous year funding. Ms. Tisher commented on the importance of Fairhaven and the services they provide. Ms. Vicars-Nance stated that she believed that Fairhaven would assist these residents with housekeeping regardless of whether or not City funding is allocated. Ms. Rheault agreed. Members agreed to request that the $2,500 allocated to the Sickle Cell Disease Association, which is not being used by that organization, be reallocated to Denton Christian Preschool for their use on current year expenditures. Looking back at the funding amounts, members agreed to fund Day Stay for Adults at $4,300. The Parks programs were also discussed. Mr. Pogue suggested that perhaps the remaining funds could be split between the summer programs. Members also discussed whether they wanted to provide additional funding to AIDS Services. It was agreed that $5,000 would be allocated to each of the Parks and Recreation summer playground programs (King?s Kids and Owsley). It was noted that these awards would push the general fund budget over last year?s budget by $1,234. Ms. Tisher discussed the need for the committee members to monitor the agencies and their use of funding. Ms. Bynum responded that staff monitors the agencies on a regular basis. Members were encouraged to visit agencies. Ms. Rheault made a motion to accept the budget recommendations. Ms. Fletcher seconded the motion. The motion passed ? five in favor and one opposed. Ms. Ross and Ms. Ingram stated that the recommendations would be presented to Council on April th at the Council work session. A public hearing on the City?s 18 2006 Action Plan for Housing and th would take place at the regular Council meeting on April 18. HSAC?s Community Development recommendations will be included in the . A chart with recommended funding amounts Action Plan is attached. 72 Page 73 Page AGENDA INFORMATION SHEET : April 18, 2006 AGENDA DATE : Transportation Operations DEPARTMENT Howard Martin, 349-8232 CM: SUBJECT Consider an ordinance of the City of Denton, Texas, certifying funding and support for the Statewide Transportation Enhancement Program Nomination Form 2006 with the Texas Department of Transportation, authorizing the City Manager to submit an application to receive funding to construct pedestrian and bike improvements as part of the Downtown Multi Modal Transit Center, and, if the grant is approved, to execute the grant agreement and take other actions necessary to implement the grant, and providing an effective date. Mobility Committee recommends approval 3-0. BACKGROUND The North Central Texas Council of Governments (NCTCOG) announced on March 6, 2006 that three projects submitted by the City of Denton for the Statewide Transportation Enhancement Program (STEP), an air quality improvement program funded by the Texas Department of Transportation (TxDOT), received favorable recommendation by NCTCOG. One of the projects submitted was a proposal to provide improved pedestrian and bike infrastructure as well as enhancement of streetscapes adjacent to the proposed Downtown Multi Modal Station. This proposed project received the top ranking out of 55 projects submitted in TxDOT?s Eastern Subregion. The proposed enhancements will complement the future Downtown Multi Modal Station and will further improve economic development opportunities for the eastern side of Downtown Denton. The NCTCOG recommendation is the first step in the project approval process. As part of the application process for the STEP grant program, TxDOT requested that the NCTCOG, serving as the Metropolitan Planning Organization, conduct an initial review and evaluation of each project submitted and provide a ranking of all projects in the region. The rankings outlined in Exhibit 3 are draft recommendations provided by NCTCOG staff and will be considered by the Regional Transportation Council (RTC) at the April 13, 2006 meeting for final recommendation. Upon RTC action, NCTCOG will provide the City of Denton a letter of recommendation for projects no later than April 19, 2006. This recommendation letter is required as part of the formal application due to TxDOT by April 28, 2006. TxDOT is also requesting that nominating entities provide letters from the community demonstrating public support for each project. Staff is working with various local and regional organizations, downtown merchants and property owners to collect such letters to be submitted with the final application. In addition to the letter of recommendation by NCTCOG and community support letters, TxDOT is requesting that all entities provide a resolution or an ordinance demonstrating the submitting organization?s support and financial commitment for each project should TxDOT award funding 1 for a particular project. The attached draft ordinance, Exhibit 1, outlines the City?s commitment to provide the required minimum local match at 20 percent of project costs and states that the City will be responsible for all non-federally eligible items and 100 percent of all project overruns. PRIOR ACTION/REVIEW Each project was submitted in February to the NCTCOG and ranked in the NCTCOG preliminary review process for TxDOT. The City Council Mobility Committee recommended approval of the proposed ordinance 3-0. The Downtown Multi Modal Transit Center project was reviewed and approved by the Denton Parks and Recreation Board at the April 3, 2006 meeting recommending City Council approve the ordinance 4-0 and passed a resolution of support for the project. FISCAL INFORMATION STEP is a TxDOT matching grant program requiring the local sponsor to pay 20 percent of the total project costs and any cost overruns. The total estimated project cost for the Downtown Denton Multi Modal Transit Center is $1,135,110 of which the City?s 20 percent share is estimated at $227,022. The local share would come from the 2004-09 CIP Bond Program for the Downtown Multi Modal Station. ESTIMATED SCHEDULE OF PROJECT The STEP application deadline to TxDOT is 5:00 PM April 28, 2006. NCTCOG staff has indicated the TxDOT project review, approval and award process will take approximately six to eight months from submission deadline. EXHIBITS 1. Ordinance 2. STEP Nomination Form 3. Draft NCTCOG Staff Ranking 4. Mobility Committee Draft Minutes 5. Parks and Recreation Board Draft Minutes Respectfully submitted: Mark Nelson Chief Transportation Officer 2 Exhibit 1 Exhibit 2 DRAFT MINUTES 1 City Council Mobility Committee 2 March 17, 2006 3 4 After determining that a quorum of the Mobility Committee of the Denton City Council was 5 present, the Chair of the Committee on the Mobility convened into an Open Meeting on Friday, 6 March 17, 2006 at 1:10 p.m. in the Civic Center Community Conference Room, 321 E. 7 McKinney Street, Denton, Texas. 8 9 Mayor Euline Brock, Mayor Pro-Tem Perry McNeill, Council Member and Chair Present: 10 Pete Kamp 11 12 : Council Member Bob Montgomery, excused Absent 13 14 Ex Officio Member: 15 Mark Nelson, Chief Transportation Officer 16 17 : Jim Coulter, Director of Water/Wastewater Utilities, Linda Ratliff, Director of Also Present 18 Economic Development, Tony Puente, Budget Coordinator and John Polster, ITS 19 20 Chair Kamp called the meeting to order at 1:10 p.m. 21 22 3) Receive a report, hold a discussion and provide a recommendation regarding proposed 23 ordinances to certify funding and support of three projects to be submitted as part of the 24 Texas Department of Transportation Statewide Transportation Enhancement Program 25 (STEP) call for projects. 26 27 Mark Nelson reviewed the three projects submitted by the City of Denton to the NCTCOG, 28 which received favorable recommendations from NCTCOG staff. Mark Nelson stated that of the 29 55 projects submitted from the NCTCOG Eastern Subregion, the three Denton Projects received 30 top ten rankings. The three projects submitted were the Downtown Multi Modal Transit Center 31 area bike and pedestrian enhancements, ranked number one, the Hickory Street Corridor and 32 Arts Walk, ranked number nine, and the Denton Branch Rail Trail Bridges project, ranked 33 number ten. 34 35 Mark Nelson stated that the next step in the application process would occur mid-April when the 36 Regional Transportation Council (RTC) considers and provides a formal recommendation on the 37 projects. The RTC will provide a Letter of Recommendation for those projects approved by the 38 RTC. Mark Nelson indicated that letters of support from the community and a resolution or 39 ordinance of support from the City Council would need to be submitted prior to the April 28, 40 2006 deadline. The Committee provided staff with direction on the letters of support to include 41 but not limited to seeking letters from both universities, the County, the Economic Development 42 Partnership Board, North Central Texas College and Denton County Transportation Authority. 43 44 The Committee, by a vote of 3-0, directed staff to proceed with Option One to provide a 45 recommendation for the proposed ordinances supporting the STEP grant applications for 46 the Downtown Multi-Modal Station, Hickory Street Corridor and Arts Walk and the 47 . Denton Branch Rail Trail Bridges as presented 48 49 The meeting adjourned at 2:15 p.m. 50 Exhibit 4 DRAFT Parks, Recreation and Beautification Board Minutes April 3, 2006 Members present: Geri Aschenbrenner, Teresa Andress, Patrice Lyke, and Jo Kuhn. Members absent: Ross Richardson and Reginald Heard. Chairman Teresa Andress called the meeting to order at 6:00 p.m. Awards and Recognition - None Approvals of Minutes of March 6, 2006 ? Minutes were approved as distributed. ACTION ITEMS ? Janet reviewed the Public Art Policy that had been discussed at the March board Public Art Policy meeting. The draft policy under Section V Funding ? Public Funding reads, ? Annually, commencing with program year 2007, at least 2.4% of the total Hotel Occupancy Tax revenues will .? Janet said it had be allocated for public arts projects as allowed under Texas Tax Code 351.103 c been recommended to change the policy wording from ?can? to ?will?. Jo expressed her concerns that the committee proposed the policy as worded and recommended the policy not changed from ?will? to ?can?. ACTION: Jo made a motion to recommend approval of the Public Art Policy as drafted with the wording ?will? and support of an ordinance, which establish the Public Art Committee as an advisory committee of the Parks, Recreation and Beautification Board. Patrice seconded the motion and it was approved with a vote of 4-0. ? Janet said the Cinco de Mayo is requesting to sale Request to Sale Alcohol at Cinco de Mayo alcohol at the Cinco de Mayo Celebration as they had in previous years. The event is to be held in Civic Center Park on May 6, 2006. Geri asked if proper security would be at the event. Janet said yes and that there haven?t been any security issues at the previous events and that the same level of security will be provided at this year?s event. ACTION: Geri made a motion to approve the Cinco de Mayo request to sale alcohol in the Civic Center Park on May 6, 2006. Patrice seconded the motion and it was approved with a vote of 4-0. ? Janet said the Summer Food Program began in 1992 and is Summer Food Lunch Program funded by a federal grant program. The Summer Food Service Program has 16 locations and in 2005, there were 34,201 lunches served at a cost of $85,655. Exhibit 5 DRAFT ACTION: Patrice made a motion to support the Summer Food Service Program and Geri seconded the motion. The motion was approved with a vote of 4-0. ? Bob said the Board is being asked to consider Resolution of Support for STEP Projects adoption of a resolution of support for the submission of a Statewide Transportation Enhancement Program (STEP) grant applications to TXDOT to provide improved pedestrian/bike infrastructure and enhanced streetscapes adjacent to the proposed Downtown Multi-Modal Station, Hickory Street Corridor and Arts Walk and the Denton Branch Rail Trail Bridgesfor two bridges over Pecan Creek and Loop 288 on the Denton Branch Rail Trail. ACTION: Geri made a motion to support the resolution of support for the STEP projects and Jo seconded the motion. The motion was passed with a vote of 4-0. DISCUSSION ITEMS th ? Janet said that at the January 10 Committee on the Environment Ed Soph was Eureka Signage asked to work with Dr. Kenny Banks, of the City of Denton, on making changes to the signage and website on the Eureka Playground at South Lakes Park. The Board discussed existing signs and staff reviewed the wording. The Board came to a consensus that the existing signs and website information was adequate and would not recommend any changes at this time. DIRECTOR?S REPORT Project Status Report ? Bob said the pool enhancement bids were too high and it Civic Center Pool Enhancements will be re-bid in May. Construction is anticipated to begin as soon as the pool closes in the fall. ? Bob announced that an anonymous donation for a Clear Creek Natural Heritage Area matching grant has been made in the amount of $100,000 to construct a program and maintenance building and hat $100,000 in CIP funds will be moved forward for design and infrastructure construction. ? There were no questions on the distributed report. Bob reminded the Keep Denton Beautiful Board that the Redbud Festival is this weekend on the Courthouse on the Square lawn. th Bob informed the Board that the Dog Park dedication is scheduled for May 8. He asked the board if they would like a tour of the Dog Park, Rail Trail and the Clear Creek Heritage Area. The board said they would like a tour and asked staff to poll the board for a convenient date. There being no further business, the meeting was adjourned at 6:50 p.m. AGENDA INFORMATION SHEET AGENDA DATE: April 18, 2006 DEPARTMENT: Parks and Recreation CM: Howard Martin, 349-8232 SUBJECT Consider an ordinance of the City of Denton, Texas, certifying funding and support for the Statewide Transportation Enhancement Program Nomination Form 2006 with the Texas Department of Transportation, authorizing the City Manager to submit an application to receive funding to construct bridges on the Denton Branch Rail Trail over Pecan Creek at mile post 722 and over Loop 288 at mile post 724, and, if the grant is approved, to execute the grant agreement and take other actions necessary to implement the grant, and providing and effective date. Mobility Committee recommends approval 3-0. Parks, Recreation and Beautification Board recommends approval 4-0. BACKGROUND The North Central Texas Council of Governments (NCTCOG) announced on March 6, 2006 that three projects submitted by the City of Denton for the Statewide Transportation Enhancement Program (STEP), an air quality improvement program funded by the Texas Department of Transportation (TxDOT), received favorable recommendation by NCTCOG. The Denton Branch Rail Trail Bridges Project has been ranked ten out of 55 projects submitted in the eastern region. The Denton Branch Rail Trail Bridges Project includes two pedestrian and bike bridges on the Denton Branch Rail Trail at mile post 722 near Prairie Street and mile post 724 at Loop 288 to provide connectivity of the trail shown in exhibit 6 maps. The bridge projects will allow the trail to connect residential neighborhoods, hospitals and medical centers, manufacturing plants, corporate offices retail areas and future rail commuter stations. Exhibit 3 outlines the NCTCOG ranking of projects submitted for consideration in TxDOT?s Eastern Subregion. The NCTCOG recommendation is the first step in the project approval process. As part of the application process for the STEP grant program, TxDOT requested that the NCTCOG, serving as the Metropolitan Planning Organization, conduct an initial review and evaluation of each project submitted and provide a ranking of all projects in the region. The rankings outlined in Exhibit 3 are draft recommendations provided by NCTCOG staff and will be considered by the Regional Transportation Council (RTC) at the April 13, 2006, meeting for final recommendation. Upon RTC action, NCTCOG will provide the City of Denton a letter of recommendation for projects no later than April 19, 2006. This recommendation letter is required as part of the application due to TxDOT by April 28, 2006. TxDOT is also requesting that nominating entities provide letters from the community demonstrating public support for each project. Staff is working with various local and regional organizations, downtown merchants and property owners to collect such letters to be submitted with the final application. In addition to the letter of recommendation by NCTCOG and community support letters, TxDOT is requesting that all entities provide a resolution or an ordinance demonstrating the submitting organization?s support and financial commitment for each project should TxDOT award funding for a particular project. The attached draft ordinance, Exhibit 1, outlines the City?s commitment to provide the required minimum local match at 20% of project costs and states that the City will be responsible for all non-federally eligible items and 100 % of all project overruns. PRIOR ACTION/REVIEW Each project was submitted in February to the NCTCOG and ranked in the NCTCOG preliminary review process for TxDOT. The City Council Mobility Committee recommended approval of the proposed ordinance 3-0. The Denton Parks, Recreation and Beautification Board met April 3, 2006, to review the Denton Branch Rail Trail bridges project noted in exhibit 5. Theoard recommends approval of the project 4-0 to the CityCouncil.The Citizen Capital B Improvement Advisory Committee provided a favorable recommendation for funding the Denton Branch Rail Trail Bridge project. FISCAL INFORMATION STEP is a TxDOT matching grant program requiring the local sponsor to pay 20% of the total project costs and any cost overruns. The total project cost for the Denton Branch Rail Trail Bridge project is estimated to be $1,301,800 of which the City?s 20% share will be $260,360.00. The local share will come from the 2004-09 CIP Bond Program for the Denton Branch Rail Trail. ESTIMATED SCHEDULE OF THE PROJECT The STEP application deadline to TxDOT is 5:00 PM April 28, 2006. NCTCOG staff has indicated the TxDOT project review; approval and award process will take approximately six to eight months from submission deadline. EXHIBTS 1. Ordinance 2. STEP Nomination Form 3. Draft NCTCOG Ranking 4. Transportation Subcommittee Minutes 5. Park Board Minutes 6. Maps Respectfully Submitted: Janet Fitzgerald, Director Parks and Recreation Prepared by: Bob Tickner, Superintendent Parks and Recreation Department Exhibit 1 Exhibit 2 Exhibit 3 DRAFT MINUTES 1 City Council Mobility Committee 2 March 17, 2006 3 4 After determining that a quorum of the Mobility Committee of the Denton City Council was 5 present, the Chair of the Committee on the Mobility convened into an Open Meeting on Friday, 6 March 17, 2006 at 1:10 p.m. in the Civic Center Community Conference Room, 321 E. 7 McKinney Street, Denton, Texas. 8 9 Mayor Euline Brock, Mayor Pro-Tem Perry McNeill, Council Member and Chair Present: 10 Pete Kamp 11 12 : Council Member Bob Montgomery, excused Absent 13 Ex Officio Member: 14 Mark Nelson, Chief Transportation Officer 15 16 : Jim Coulter, Director of Water/Wastewater Utilities, Linda Ratliff, Director of Also Present 17 Economic Development, Tony Puente, Budget Coordinator and John Polster, ITS 18 19 Chair Kamp called the meeting to order at 1:10 p.m. 20 21 3) Receive a report, hold a discussion and provide a recommendation regarding proposed 22 ordinances to certify funding and support of three projects to be submitted as part of the 23 Texas Department of Transportation Statewide Transportation Enhancement Program 24 (STEP) call for projects. 25 26 Mark Nelson reviewed the three projects submitted by the City of Denton to the NCTCOG, 27 which received favorable recommendations from NCTCOG staff. Mark Nelson stated that of the 28 55 projects submitted from the NCTCOG Eastern Subregion, the three Denton Projects received 29 top ten rankings. The three projects submitted were the Downtown Multi Modal Transit Center 30 area bike and pedestrian enhancements, ranked number one, the Hickory Street Corridor and 31 Arts Walk was ranked number nine and the Denton Branch Rail Trail Bridges project was ranked 32 number ten. 33 34 Mark Nelson stated that the next step in the application process would occur mid-April when the 35 Regional Transportation Council (RTC) considers and provides a formal recommendation on the 36 projects. The RTC will provide a Letter of Recommendation for those projects approved by the 37 RTC. Mark Nelson indicated that letters of support from the community and a resolution or 38 ordinance of support from the City Council would need to be submitted prior to the April 28, 39 2006 deadline. The Committee provided staff with direction on the letters of support to include 40 but not limited to seeking letters from both universities, the County, the Economic Development 41 Partnership Board, North Central Texas College and Denton County Transportation Authority. 42 43 The Committee, by a vote of 3-0, directed staff to proceed with Option One to provide a 44 recommendation for the proposed ordinances supporting the STEP grant applications for 45 the Downtown Multi-Modal Station, Hickory Street Corridor and Arts Walk and the 46 . Denton Branch Rail Trail Bridges as presented 47 48 The meeting adjourned at 2:15 p.m. 49 Exhibit 4 Draft Parks, Recreation and Beautification Board Minutes April 3, 2006 Members present: Geri Aschenbrenner, Teresa Andress, Patrice Lyke, and Jo Kuhn. Members absent: Ross Richardson and Reginald Heard. Chairman Teresa Andress called the meeting to order at 6:00 p.m. Awards and Recognition - None Approvals of Minutes of March 6, 2006 ? Minutes were approved as distributed. ACTION ITEMS ? Janet reviewed the Public Art Policy that had been discussed at the March board Public Art Policy meeting. The draft policy under Section V Funding ? Public Funding reads, ? Annually, commencing with program year 2007, at least 2.4% of the total Hotel Occupancy Tax revenues will .? Janet said it had be allocated for public arts projects as allowed under Texas Tax Code 351.103 c been recommended to change the policy wording from ?can? to ?will?. Jo expressed her concerns that the committee proposed the policy as worded and recommended the policy not changed from ?will? to ?can?. ACTION: Jo made a motion to recommend approval of the Public Art Policy as drafted with the wording ?will? and support of an ordinance, which establish the Public Art Committee as an advisory committee of the Parks, Recreation and Beautification Board. Patrice seconded the motion and it was approved with a vote of 4-0. ? Janet said the Cinco de Mayo is requesting to sale Request to Sale Alcohol at Cinco de Mayo alcohol at the Cinco de Mayo Celebration as they had in previous years. The event is to be held in Civic Center Park on May 6, 2006. Geri asked if proper security would be at the event. Janet said yes and that there haven?t been any security issues at the previous events and that the same level of security will be provided at this year?s event. ACTION: Geri made a motion to approve the Cinco de Mayo request to sale alcohol in the Civic Center Park on May 6, 2006. Patrice seconded the motion and it was approved with a vote of 4-0. ? Janet said the Summer Food Program began in 1992 and is Summer Food Lunch Program funded by a federal grant program. The Summer Food Service Program has 16 locations and in 2005, there were 34,201 lunches served at a cost of $85,655. ACTION: Patrice made a motion to support the Summer Food Service Program and Geri seconded the motion. The motion was approved with a vote of 4-0. Exhibit 5 ? Bob said the Board is being asked to consider Resolution of Support for STEP Projects adoption of a resolution of support for the submission of a Statewide Transportation Enhancement Program (STEP) grant applications to TXDOT to provide improved pedestrian/bike infrastructure and enhanced streetscapes adjacent to the proposed Downtown Multi-Modal Station, Hickory Street Corridor and Arts Walk and the Denton Branch Rail Trail Bridgesfor two bridges over Pecan Creek and Loop 288 on the Denton Branch Rail Trail. ACTION: Geri made a motion to support the resolution of support for the STEP projects and Jo seconded the motion. The motion was passed with a vote of 4-0. DISCUSSION ITEMS th ? Janet said that at the January 10 Committee on the Environment Ed Soph was Eureka Signage asked to work with Dr. Kenny Banks, of the City of Denton, on making changes to the signage and website on the Eureka Playground at South Lakes Park. The Board discussed existing signs and staff reviewed the wording. The Board came to a consensus that the existing signs and website information was adequate and would not recommend any changes at this time. DIRECTOR?S REPORT Project Status Report ? Bob said the pool enhancement bids were too high and it Civic Center Pool Enhancements will be re-bid in May. Construction is anticipated to begin as soon as the pool closes in the fall. ? Bob announced that an anonymous donation for a Clear Creek Natural Heritage Area matching grant has been made in the amount of $100,000 to construct a program and maintenance building and hat $100,000 in CIP funds will be moved forward for design and infrastructure construction. ? There were no questions on the distributed report. Bob reminded the Keep Denton Beautiful Board that the Redbud Festival is this weekend on the Courthouse on the Square lawn. th Bob informed the Board that the Dog Park dedication is scheduled for May 8. He asked the board if they would like a tour of the Dog Park, Rail Trail and the Clear Creek Heritage Area. The board said they would like a tour and asked staff to poll the board for a convenient date. There being no further business, the meeting was adjourned at 6:50 p.m. AGENDA INFORMATION SHEET April 18, 2006 AGENDA DATE: City Manager?s Office DEPARTMENT: Howard Martin, InterimCity Manager CM: SUBJECT Consider nominations/appointments to the City?s Boards and Commissions. BACKGROUND The following is a list of current board/commission vacancies: Construction Advisory and Appeals Board ? Council Member Montgomery has nominated Bob Ralph. Parks, Beautification and Recreation Board ? Council Member Kamp has nominated Alyson Coe. Zoning Board of Adjustment ? Mayor Pro Tem McNeill has nominated Philip Jordan. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\Agenda Items\Board-Commission vacancies.doc