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HomeMy WebLinkAboutMay 1, 2012 Agenda AGENDA CITY OF DENTON CITY COUNCIL May 1, 2012 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, May 1, 2012 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for May 1, 2012. 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. CLOSED MEETING 1.Closed Meeting: A.Consultation with Attorneys – Under Texas Government Code, Section 551.071; Deliberations regarding Real Property – Under Texas Government Code, Section 551.072. 1.Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the O.S. Brewster Survey, Abstract No. 56, the James Edmonson Survey, Abstract 400, and the S. Pritchett Survey, Abstract 1004, Denton County, Texas, and located generally in the 1800, 2200, 3100, and 3400 Blocks of South Bonnie Brae Street, City of Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton 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 proceeding or potential litigation. City of Denton City Council Agenda May 1, 2012 Page 2 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 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: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” 2. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 1. National Day of Prayer 2.Motorcycle Safety and Awareness Month 3.Drinking Water Week in Denton 4.National Nurses Week 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Nell Yeldell regarding 518 E. Prairie Street and related issues. 4. 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. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – L). 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. City of Denton City Council Agenda May 1, 2012 Page 3 If no items are pulled, Consent Agenda Items A – L below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider a request for an exception to the noise ordinance for amplified sound on June 19 and each Sunday in the month of July for the purpose of the Apollo Nights events. The events are scheduled for the following dates: Tuesday, June 19, noon - 11:00 p.m., and the following Sundays: July 1, 5:00 p.m. - 10:00 p.m., July 8, 5:00 p.m. - 10:00 p.m., July 15, 5:00 p.m. - 10:00 p.m., July 22, 5:00 p.m. - 10:00 p.m., and July 29, 2012, from 5:00 p.m. until 11:00 p.m. On July 31, 2012, the event will be from 5:00 p.m. until 11:00 p.m. The events will be held in Fred Moore Park. There is no request for an increase in the level of decibels. Staff recommends approval of the request for amplified sound on each of the dates requested. B. Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2012 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. C. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Grapevine, Texas under Section 271.102 of the Local Government Code, to authorize participation in various City of Grapevine contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4949–Interlocal Agreement with City of Grapevine). D. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Six to the contract between the City of Denton and Landmark Structures I, L.P.; providing for the expenditure of funds therefor; and providing an effective date (Bid 4207–Roselawn Elevated Storage Tank Change Order Number Six in the amount of $60,000 for a total contract award of $5,136,302). The Public Utilities Board recommends approval (6-0). E. Consider adoption of an ordinance accepting competitive bids and awarding a two year contract for Calcium Hypochlorite Feeders and Products for the City of Denton Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4915–Two Year Contract for Calcium Hypochlorite Feeders and Products awarded to the lowest responsible bidder meeting specification, Sunbelt Pools, Inc. in the annual estimated amount of $65,000 for a two year estimated expenditure of $130,000). F. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.03 acre tract; (ii) a utility and slope easement encumbering a 0.02 acre tract; and (iii) a temporary construction, grading and access easement encumbering a 182 square foot tract, all tracts located in the O.S. City of Denton City Council Agenda May 1, 2012 Page 4 Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached to and made a part of the ordinance, located generally in the 1800 block of South Bonnie Brae Street (the “Property Interests”), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to James B. Harrell, Jr. to purchase the Property Interests for the purchase price of Seven Thousand Six Hundred Sixty Seven Dollars and No/Cents ($7,667.00), and other consideration, as prescribed in the Purchase Agreement, as attached to and made a part of the ordinance as Exhibit “B”; authorizing the expenditure of funds therefore; and providing an effective date. G. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.08 acre tract; (ii) a utility and drainage easement encumbering a 0.04 acre tract; and (iii) a drainage easement encumbering a 0.27 acre tract, all situated in the O.S. Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached to and made a part of the ordinance, located generally in the 2200 block of South Bonnie Brae Street (the “Property Interests”), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Agnes H. Rogers and Jean M.G. Tunnell, formerly known as Jean M. Goodson, to purchase the Property Interests for the purchase price of Three Thousand Nine Hundred Seventeen Dollars and No/Cents ($3,917.00), and other consideration, as prescribed in the Purchase Agreement, as attached to and made a part of the ordinance as Exhibit “B”; authorizing the expenditure of funds therefore; and providing an effective date. H. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 7.36 acre tract; (ii) a slope easement encumbering 0.33 acre; (iii) a drainage easement encumbering 1.35 acres; and (iv) a temporary construction, grading and access easement encumbering 0.03 acre, all lands located in Denton County, Texas, and situated in the James Edmonson Survey, Abstract Number 400, as more particularly described on Exhibit “A”, attached to and made a part of the ordinance, located generally in the 3100 block of South Bonnie Brae Street (the “Property Interests”), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Jack Arlyn Parkes and wife, Betty Parkes to purchase the Property Interests for the purchase price of Two Hundred Fifty Five Thousand One Hundred Sixteen Dollars and No/Cents ($255,116.00), and other consideration, as prescribed in the Purchase Agreement as attached to and made a part of the ordinance as Exhibit “B”; authorizing the expenditure of funds therefore; and providing an effective date. I. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 34.92 acre tract situated in the James Edmonson Survey, Abstract No. 400 and the S. Pritchett Survey, Abstract No. 1004; and (ii) a drainage easement encumbering a 0.42 acre tract situated in the James Edmonson Survey, Abstract No. 400, all tracts located in the City of Denton, City of Denton City Council Agenda May 1, 2012 Page 5 Denton County, Texas, as more particularly described on Exhibit “A”, attached to and made a part of the ordinance, located generally in the 3400 block of South Bonnie Brae Street (the “Property Interests”), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to the Marvin Henderson Estate Trust to purchase the Property Interests for the purchase price of Three Hundred Fourteen Thousand, Eight Hundred Sixty Nine Dollars and No/Cents ($314,869.00), and other consideration, as prescribed in the Purchase Agreement, as attached to and made a part of the ordinance as Exhibit “B”; authorizing the expenditure of funds therefore; and providing an effective date. J. Consider adoption of an ordinance of the City of Denton, Texas approving an agreed order in the pending enforcement action concerning the City of Denton, Texas, in Docket Number 2012-0092-MLM-E before the Texas Commission on Environmental Quality respecting the alleged unauthorized discharge of sodium hydroxide near the Lake Ray Roberts Water Treatment Plant; authorizing the Mayor to execute said agreed order on behalf of the City; authorizing the City Manager and the City Attorney to act on the City’s behalf in executing any and all other documents and to take other actions necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. K. Consider approval of a resolution of the City of Denton, Texas approving a City Purchasing Policy regarding purchasing preference due to the location of bidder’s principal place of business; and declaring an effective date. L. Contract adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Second Amendment to an Agreement for Professional Legal Services with Constangy, Brooks & Smith for professional legal services relating to pending litigation styled Jones v. City of th Denton, Cause No. 2011-50255-367, filed in the 367 District Court of Denton County, Texas; authorizing the expenditure of funds therefor in an amount not to exceed $250,000; and providing an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Reconsider Ordinance No. 2012-088 passed by the City Council in its meeting of April 17, 2012 providing for an initial zoning district and use classification of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) on approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU-12 zoning district and use classification; located at the southeast corner of McKinney Street and Mayhill Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z11-0025) The Planning and Zoning Commission recommends approval (5-1). B. Consider adoption of an ordinance of the City of Denton, Texas, providing for an initial zoning district and use classification of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) on City of Denton City Council Agenda May 1, 2012 Page 6 approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU-12 zoning district and use classification; located at the southeast corner of McKinney Street and Mayhill Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.(Z11-0025) The Planning and Zoning Commission recommends approval (5-1). 6. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Bob Clifton regarding the City election. 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2012 at ________o'clock (a.m.) (p.m.) __________________________________________ CITYSECRETARY City of Denton City Council Agenda May 1, 2012 Page 7 NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING. PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY- TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE CITYSECRETARY’SOFFICE. AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2012 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the noise ordinance for amplified sound on June 19 and each Sunday in the month of July for the purpose of the Apollo Nights events. The events are scheduled for the following dates: Tuesday, June 19, noon - 11:00 p.m., and the following Sundays: July 1, 5:00 p.m. - 10:00 p.m., July 8, 5:00 p.m. - 10:00 p.m., July 15, 5:00 p.m. - 10:00 p.m., July 22, 5:00 p.m. - 10:00 p.m., and July 29, 2012, from 5:00 p.m. until 11:00 p.m. On July 31, 2012, the event will be from 5:00 p.m. until 11:00 p.m. The events will be held in Fred Moore Park. There is no request for an increase in the level of decibels. Staff recommends approval of the request for amplified sound on each of the dates requested. BACKGROUND Mr. Harold Jackson, the event organizer for the talent shows and activities, intends to help encourage area youth to increase their performance abilities and provide a safe environment for entertainment. The Apollo Nights events have been taking place in Fred Moore Park since 2001 . The Apollo Nights events would provide music for participants to listen and perform to from an th amplified music system on Tuesday, June 19 and each Sunday in July, 2012. PRIOR ACTION/REVIEW City Council has approved the Apollo Nights and Music Time requests for an exception to the noise ordinance to have amplified sound on Sundays since 2001. EXHIBITS 1.Letter of Request Respectfully Submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2012 DEPARTMENT: Planning and Development/Community Development ACM: Fred Greene SUBJECT Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2012 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. BACKGROUND On an annual basis, the City of Denton prepares an Action Plan for submission to the US Department of Housing and Urban Development (HUD). The Action Plan serves as the application for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) program funding. The 2012 Action Plan represents the third year in the five-year Consolidated Plan which states the priorities for use of Federal CDBG and HOME funding. Public hearings requesting citizen input regarding the use of these funds were held in December 2011. Application availability was advertised from November through December. Staff held application training in January 2012. The Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC) reviewed applications and held funding hearings in February and March. Each committee developed a set of funding recommendations. Staff has developed the 2012 Action Plan based on these recommendations. Administration activities are also included in the Action Plan. A public hearing on the draft 2012 Action Plan was held on April 17, 2012. Comments from the public hearing are included in the Action Plan. Any additional comments will be included in the final copy of the Plan. ESTIMATED PROJECT SCHEDULE Action Plan approval May 1, 2012 Submission of Action Plan to HUD June 15, 2012 HUD release of funds & program/project initiation August 1, 2012 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The CDAC reviewed requests for housing, non-profit facilities and infrastructure projects. CDAC recommended $1,218,116 in funding for various projects and programs. The HSAC reviewed requests for social services program funding. HSAC developed recommendations for use of both CDBG funds and City general fund dollars. The list of general Agenda Information Sheet May 1, 2012 Page 2 fund recommendations is included in the 2012 Action Plan. However, the approval of the Plan does not include approval of the general fund allocations. These recommendations will be considered during the normal budgeting cycle. HSAC recommended allocation of $127,119 in CDBG funding to various social service programs. Each committee chair presented these recommendations to City Council at the work session on April 17, 2012. FISCAL INFORMATION All projects and programs approved under the 2012 Action Plan are funded through the CDBG or HOME programs. General fund dollars used for salary expenses are included in the program administration budget. EXHIBITS 1.Resolution 2.2012 Action Plan for Housing and Community Development Respectfully submitted: Mark Cunningham Director of Planning and Development Prepared by: Barbara Ross Community Development Administrator Action Plan for Housing and Action Plan for Housing and Community Development Community Development 2012 Program Year 2012 Program Year (August 1, 2012 July 31, 2013) (August 1, 2012 July 31, 2013) Housing Park Facilities Public Improvements Human Services Prepared for the U.S. Department of Housing and Urban Development To be presented to Denton City Council on April 17, 2012. To be submitted to the HUD by June 15, 2012. ADA/EOE/ADEA www.cityofdenton.com TABLE OF CONTENTS A.Executive Summary of Action Plan 1. Introduction ..................................................................................................................1 2. Funding Summary ........................................................................................................2 3. Proposed Resource Table .............................................................................................3 4. Local Match ..................................................................................................................4 5. Citizen Participation .....................................................................................................4 6. Amendments .................................................................................................................5 7. Evaluation of Past Performance ...................................................................................5 B.Projects/Activities 1. Summary ......................................................................................................................7 2. CDBG and HOME Proposed Projects..........................................................................8 3. Other Resources Available .........................................................................................16 C.CP Strategies and Proposed Projects 1. Housing Strategies ......................................................................................................17 2. Continuum of Care Strategies ....................................................................................18 3. Lead-Based Paint Strategies .......................................................................................20 4. Human Services Strategies .........................................................................................20 5. Infrastructure & Public Facilities Strategies ..............................................................21 6. Demolition Strategies .................................................................................................22 7.Anti-Poverty & Economic Development Strategies ..................................................22 8.Barriers to Affordable Housing ..................................................................................22 D.Proposed Project Map ......................................................................................................24 E.Other Program Requirements 1.HOME Forms of Investment ...................................................................................25 2.Monitoring Standards and Procedures ......................................................................25 3.Public Housing Improvements ...................................................................................26 4.Public Housing Resident Initiatives ...........................................................................26 5.Institutional Structure .................................................................................................26 6.Chronic Homelessness ...............................................................................................27 7.HOME Minority Outreach Program ........................................................................28 8.HOME Affirmatively Marketing .............................................................................29 F.Community Development Minutes 1.Minutes from Public Hearings ...................................................................................33 2.30-day Comment Period .............................................................................................34 3.Community Development Advisory Committee Minutes ..........................................35 4.Human Services Advisory Committee Minutes .........................................................48 G.Appendix 1.SF 424 Application for CDBG Grant .........................................................................66 2.SF 424 Application for HOME Grant ........................................................................67 3.Certifications for CDBG and HOME .........................................................................68 4.Table: Annual Housing Completion Goals ...............................................................76 EXECUTIVE SUMMARY INTRODUCTION This document serves as the City of Denton's 2012 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 2011 program year to address Denton's strategies stated in 2010-2014 Consolidated Plan for Housing and Community Development the . The following five-year strategies were identified in 2010 year and are reaffirmed this year: Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment, Emergency Shelter, Transitional Housing and Transition to Permanent Housing and Independent Living; Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; Human Services Strategies: Improve availability and accessibility of basic food, emergency shelter, transitional housing, services promoting strong, supportive relationships for families, and basic health care and mental health services. Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Structures; Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. 1 Page FUNDING SUMMARY The City of Denton is currently an entitlement city for the Community Development Block Grant (CDBG) and a participating jurisdiction for the HOME Investment Partnership (HOME) Programs. SF-424 applications for CDBG and HOME are available in the appendix page 65 and 66. The table below shows the final federal funding available from the U.S. Department of HUD for the 2012/13program year. The table below also indicates the amount of CDBG and HOME funds that will benefit low and moderate income persons. 2012/13 FUNDING SUMMARY CDBG HOME TOTAL HUD GRANTS Funds Funds Funds ANNUAL HUD GRANT ALLOCATION $847,464 $327,218 $1,174,682 ESTIMATED PROGRAM INCOME $10,000 $60,000 $70,000 2008 Sidewalk Project $36,534 CDBG Reallocated Funds 2009 SE Sewer Project $90,453 2004 Habitat for Humanity $5,003 $126,987 $184,219 $311,206 2005 Infill New Construction Program $72,589 HOME Reallocated Funds 2005 Habitat for Humanity $36,500 2007 Infill New Construction Program $70,127 TOTAL FUNDS AVAILABLE $984,451 $571,437 $1,555,888 The City of Denton and subrecipients also receives many other federal, state, local and private funds during the 2012-13 Program Year to address priority needs and specific objectives identified in the City of Denton Consolidated Plan. A total of $10,666,601 in additional resources are proposed for the 2012/13program year. A list of resources available to the City of Denton can be found on the next page and includes local, state and federal resources. 2 Page 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 $118,191. The 25% match of federal HOME grant excludes administrative allowances of 10% and CHDO operating expenses. The City of Denton will provide the match from a variety of sources including the following: 1.Residual balance of Match from 2011/12 program year. 2.FHLB funds provide to Denton Affordable Housing Corporation for eligible HOME projects. 3.Denton County Housing Finance Corporation funds provides to Denton Affordable Housing Corporation for eligible HOME projects. CITIZEN PARTICIPATION To ensure citizen participation in the 2012 Action Plan process including the substantial amendment to the 2004-2005 and 2007-2009 Action Plan, the city followed its Citizen Participation Plan at all stages of the plan and amendment. thth Public hearings were held December 8 and 12, 2011. Spanish translations were provided at both public hearings. The public hearings updated citizens on the status of current programs and activities and asked the citizens how they felt the 2012 funds should be spent. Both of the public hearings were held within a low and moderate-income neighborhood. See page 32 for minutes of both public hearings. Information on the public hearings was included in the Community Development Quarterly Newsletter. The Community Development Quarterly Newsletter is was mailed or e-mailed to neighborhood associations; recreation centers and libraries; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Development Advisory Committee (CDAC) members; churches; applicants; contractors; participating lenders; Realtors; employees; citizens who attended previous public hearings; and interested citizens. The newsletter which is in Spanish and English is available for pickup or viFlyers were also sent to the elementaries in low income neighborhoods to be included in their packets to parents. 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 would be available for review, and the process for submitting comments to the City of Denton. The draft Action Plan page. The advertisements also included information on the upcoming public hearing. An ad was also placed in the quarterly Community Development Newsletter. All comments received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. Comments received during the 30-day comment period will be included in the Action Plan on page 33. To ensure citizen participation at all stages of the 2012 Action Plan process, a public hearing will be scheduled on April 17, 2012 during a City Council Meeting to give citizens the opportunity to comment on the 2012 proposed projects and activities. See page 33 for minutes of the public hearing. 4 Page AMENDMENTS The City of Denton is amending the 2004-2005 and 2007-2009 Action Plan to reallocate $126,987 in CDBG funds and $184,219 in HOME funds to a new activity in 2012/13 program year. The City of Denton is amending the following Action Plans: The 2004 Action Plan is being amended to reallocate $5,003 in HOME residual funds that become available from the close-out of the 2004 Habitat for Humanity Project. The residual funds will be allocated to a new 2012 activity. The 2005 Action Plan is being amended to reallocate $72,589 in HOME residual funds that became available from the close-out of the 2005 Infill New Construction Program. The residual funds will be allocated to a new 2012 activity. The 2005 Action Plan is being amended to reallocate $36,500 in HOME residual funds that become available from the close-out of the 2005 Habitat for Humanity Project. The residual funds will be allocated to a new 2012 activity. 2007 Action Plan is being amended to reallocate $70,127 in HOME residual funds that become available from the close out of the 2007 Infill New Construction. The residual funds will be allocated to a new 2012 activity. 2008 Action Plan is being amended to reallocate $36,534 in CDBG residual funds that become available from the completion of the 2008 Sidewalk Project. The residual funds will be allocated to a new 2012 activity. 2009 Action Plan is being amended to reallocate $90,453 in CDBG residual funds that became available from the completion of the 2009 Southeast Sewer Project. The residual funds will be allocated to a new 2012 activity. EVALUATION OF PAST PERFORMANCE Last year was the -2014 Consolidated Plan for Housing and Community Development. Many things were accomplished during the year in the housing, human services and public facilities improvement activities. Though funding levels continue to decrease, programs have been revised and funding transferred if necessary to ensure that the programs assisting households and neighborhood with basic needs have continued. The City of Denton and the non-profit organizations serving residents continue to bring additional non-Federal resources to support these activities. During the 2010-11 program year, the owner-occupied Home Improvement and Minor Repair programs were managed by a smaller staff than in previous years. This was due to funding reductions. The reduction in staff spurred programmatic changes that resulted in assistance to a larger number of households than were assisted last year. A streamlined application process was developed. This, along with other changes to systems and processes minimized the time needed to complete projects. Of the 49 minor repairs completed this year, over 20 households at or below 65 percent of income limits were assisted with central air conditioner repairs or replacement during one of the hottest summers since 1980. Staff did an outstanding job making sure that most of these projects were completed in an average of two weeks or less (from application completion date to final inspection). Three homes, one rehabilitation and two reconstructions, were certified Energy Star by independent, third party raters. By continuing to add Energy Star homes to the affordable housing stock, Denton continues to provide benefit to the low/moderate-income community. The Homebuyer Assistance Program continued to assist low and moderate income renters in Denton who wished to purchase a home. Though the number of homebuyers accessing the program has not yet reached pre-recession levels, they are increasing. Changes were made to the program guidelines to 5 Page provide CDBG funds to assist with program required repairs. Having a funding source to assist with program required repairs has been a deterrent to utilizing the program. In the past, City of Denton has applied for Federal Home Loan Bank funds to assist with repairs; however, the third lien requirement by the Federal Home Loan Bank did not make those funds appealing. Another change to the program guidelines is the use of Certified Realtors by the program. This program changes allowed staff to ensure te agents were familiar with program requirements from the beginning of the application process. After the changes were made, staff promoted the program to increase the number of participating lenders and Realtors by providing monthly trainings and marketing the program to these groups. The number of application to the Homebuyer Assistance Program increased at the end of the 2010/11 program year. Continuum of Care activities continued to be a priority, particularly with the increase in homeless and potentially homeless households in Denton County. The strength and focus of the Denton County Homeless Coalition has supported annual awards of Emergency Shelter Grant and a Homeless Prevention and Rapid Re-Housing grant from the State of Texas. Also, Supportive Housing Program funding has been awarded by HUD to various organizations. These funds are used by local agencies to meet the needs of homeless and potentially homeless individuals and families. Over the five-year period, up to five agencies participa Activities include homeless prevention, provision of essential services and payment of operating and maintenance costs for shelters. SHP funding continues to support the Homeless Management Information System for the Denton County Homeless Coalition. The Denton County Homeless coalition is working on an updated 10-year plan to help end homelessness. It is evident from the number and range of public service activities supported by the City of Denton that this is a very important focus of Federal and local support. These public services activities have been successful in meeting needs identified in the Denton community. Health care has been one area where the community has stepped services to low-income individuals in Denton County, closed, Health Services of North Texas (previously known as AIDS Services of North Texas) purchased the clinic equipment and other items, and expanded their clinic services to include the low-income individuals in Denton County. The City supports the Clinic by providing funding for patient services and medications that are not covered through the Medicaid system. The City of Denton continues to support childcare for low-income families, prenatal health care, services for the elderly, services to at risk children, services for children who are victims of abuse, shelter services for women who are victims of domestic violence, and households affected by AIDS. Staff is working more closely with Engineering, Parks and Recreation and Water/Wastewater in an attempt to speed up the public facility improvement process. The goal will be to complete public improvement projects within the grant year for which the funds have been requested. During the past year, the emphasis has been on completion of CDBG-R projects. All CDBG-R projects will be completed by October 2011. Programs and activities developed to meet community needs are recognized as an important measure of support for a very diverse population. During the coming four years, due to the uncertainty of Federal funding Community Development staff will need to expand efforts to find additional sources of funding, particul Housing, social services, neighborhood revitalization and public facility improvements will continue to be important focus areas for Denton Community Development. Strong collaborative efforts among the local service and housing organizations along with support from the major cities of Denton, Lewisville and Flower Mound, continue to expand opportunities for low-income individuals and households in an effort to help them reach self-sufficiency. 6 Page 2012 PROJECTS/ACTIVITIES SUMMARY The City of Denton's estimated total federal and program income funding for 2012 is $1,555,888 (includes $311,206 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. A total of 86.5% of all CDBG and HOME funds has been allocated to low and moderate income activities not including administration activities. Each project is described in detail from pages 8 to 15 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number: CDBG CDBG HOME HOME Page National Reallocated 2012 Reallocated 2012 # Project Name Objective Funds Funds Funds Funds 8 Alexander Sewer Line Project LMA $51,500 9 Community Development Administration N/A $171,492 $38,673 9 Crescent Street Sidewalk Project LMA $127,000 10 Denton Affordable Housing LMH $100,000 10 Denton City County Day School LMC $31,520 11 Denton City County Day Improvements LMC $72,581 11 Denton County Friends of the Family LMC $25,000 12 Family Health Care, Inc. LMC $19,000 12 Fred Moore Day Nursery Improvements LMC $286,759 13 Health Services of North Texas LMC $26,519 13 Home Improvement Program LMH $184,219 $242,545 14 Martin Luther King Summer Program LMC $15,000 14 Minor Repair Program LMH $126,987 $21,013 15 Special Programs for Aging Needs LMC $10,080 15 Tenant Based Rental Assistance LMH $6,000 Total Funding Allocated to Projects $126,987 $857,464 $184,219 $387,218 Funding Available $126,987 $857,464 $184,219 $387,218 Balance of Funds $0 $0 $0 $0 Total for Low and Moderate Activities $126,987 $685,972 $184,219 348,545 Percentage of Low/Moderate Income Activities 100% 80% 100% 90% 7 Page PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2012 program year with CDBG and HOME funds: ALEXANDER SEWER LINE REPLACEMENT line will be constructed and placed in the street. The existing sewer line is substandard in size, has met the life expectancy with significant age deterioration, is in a state of disrepair and has had a number of service issues with sewer line chokes. The project is located in a low and moderate income census tract that has a total of HUD Matrix Code: 03J Water/Sewer Improvements 570.201(c) Objectives: Suitable Living Environment Eligibility: 570.208(a)(1) Low/Mod Area Decent Housing Priority Need: Infrastructure 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 improvement of quality. Availability/Accessibility Indicators: 2,192 people Affordability Sustainability Project Goals: 2,192 people Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Local Government CDBG $51,500 Location: CT 21200/BG 2 72.72% LM HOME 0 Start Date 09/01/12 Other Sources 0 Completion Date 07/31/13 Total $51,500 8 Page COMMUNITY DEVELOPMENT ADMINSTRATION CDBG and HOME funds will be used for program management, coordination, monitoring and evaluation housing. munity Development Department.Funding includes $2,000 in proposed CDBG program income and $4,500 in HOME Program Income. 21A General Program Administration 570.206 Objectives: 21H HOME Admin/Planning Costs of PJ (subject to HUD Matrix Code: Suitable Living Environment 10%) 92.207 (a) Decent Housing Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Creating Economic Opportunities Priority Need: Planning & Administration Specific Objective: N/A Outcomes: Availability/Accessibility Specific Outcomes: N/A Affordability Project Goals: N/A Sustainability Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Local Government CDBG $174,492 Location: Community Wide HOME $38,673 Start Date 08/01/12 Other Sources $221,560 Completion Date 07/31/13 Total $431,725 CRESCENT SIDEWALK PROJECT The project consists of installing 900 feet of sidewalk on the north side of Crescent from Fulton to Alice. And install 870 feet of sidewalk on the north side of Crescent from Alice to Carroll. Both sections would require new sidewalk and disability ramps. Approximately 1,770 linear feet of sidewalk will be constructed. Project HUD Matrix Code: 03L Sidewalks 570.201(c) Objectives: Suitable Living Environment Eligibility: 570.208(a)(1) Low/Mod Area Decent Housing Priority Need: Infrastructure Creating Economic Improve quality/increase quantity of public Opportunities Specific Objective: improvements for low-income persons. Outcomes: Specific Outcomes Number of persons assisted where activity was used Availability/Accessibility Indicators: to meet a measurable improved quality. Affordability Project Goals: 1,770 linear feet of sidewalk Sustainability Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Local Government CDBG $127,000 Location: CT 204.03 /BG 1 57% LM HOME 0 $22,100 Start Date 09/01/12 Other Sources Completion Date 7/31/13 Total $149,100 9 Page DENTON AFFORDABLE HOUSING CORP RENTAL UNITS Rehabilitation of affordable rental units in Denton for special needs populations. These rental units are owned by Denton Affordable Housing Corp. Funds will be utilized for the actual cost of rehabilitation of rental units. This project also consists of $20,000 for operating expenses and $80,000 in CHDO Set-aside (minimum15% of HOME Grant). Program will be carried out by the Denton Affordable Housing Corporation a certified Community Housing Development Organization (CHDO). HUD Matrix Objectives: 14B Rehab; Multi-Unit Residential Buildings 570.202 Code: Suitable Living Environment Eligibility: 570.208(a)(3) Low/Mod Housing Decent Housing Creating Economic Priority Need: Rental Housing Opportunities Specific Objective: Improve the quality of affordable rental housing. Outcomes: Specific Outcomes Number of households assisted with standard Availability/Accessibility Indicators: affordable housing units. - 5 housing units Affordability Sustainability Project Goals: 5 housing units Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: CHDO 92.2 CDBG 0 Location: Downtown Denton HOME $100,000 Start Date 09/01/2012 Other Sources $214,522 Completion Date 09/30/2013 Total $314,522 DENTON CITY COUNTY DAY SCHOOL Provision of childcare services for low income children between the ages of 2 years and 5 years. Funds will be The school provides affordable day care on a sliding scale. Project will Community Development Department and Denton City County Day School. HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Suitable Living Environment Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Decent Housing Priority Need: Public Services Creating Economic Opportunities Improve the services for low/moderate income Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to Availability/Accessibility Indicators: a service - 199 persons Affordability Sustainability Project Goals: 199 People Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Private 570.500(c) CDBG 31,520 Location: 1603 Paisley Street, Denton Texas 76209 HOME Start Date 10/01/12 Other Sources $483,760 Completion Date 09/30/13 Total $515,280 10 Page DENTON CITY COUNTY DAY SCHOOL PROJECT Project consists of making needed playground and school improvements to the school. CDBG funds will be used to replace of playground equipment, laundry room improvements, renovation to storage room and additional to additional storage space and cubbies in classrooms. The school provides day care on a sliding Denton City County Day School. Objectives: HUD Matrix Code: 03M Child Care Centers 570.201 (C) Suitable Living Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Environment Priority Need: Public Facilities Decent Housing Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with new access to a Availability/Accessibility Indicators: facility 199 children Affordability Sustainability Project Goals: 199 children Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Private 570.500(c) CDBG $72,581 Location: 1603 Paisley Street, Denton Texas 76209 HOME 0 Start Date 08/01/12 Other Sources 0 Completion Date 12/31/12 Total $72,581 DENTON COUNTY FRIENDS OF THE FAMILY Provision of counseling services, crisis assistance and emergency shelter for family members impacted by domestic violence and/or sexual assault. Funds will be utilized to pay direct services for victims of domestic violence. Program will be carried out by the Denton County Friends of the Family. HUD Matrix Code: 05G Battered and Abused Spouses 570.201(e) Objectives: Suitable Living Environment Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Decent Housing Priority Need: Homeless Creating Economic Opportunities Specific Objective: Provide emergency services for homeless persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to Availability/Accessibility Indicators: a service 160 persons Affordability Sustainability Project Goals: 160 People Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Private 570.500(c) CDBG $25,000 Location: Confidential HOME Start Date 10/01/2012 Other Sources $1,919,371 Completion Date 09/30/2013 Total $1,944,374 11 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. Objectives: HUD Matrix Code: 05M Health Services 570.201 (e) Suitable Living Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Environment Priority Need: Public Services Decent Housing Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to Availability/Accessibility Indicators: a service 65 persons Affordability Sustainability Project Goals: 65 People Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Private 570.500(c) CDBG $19,000 Location: 3537 South I-35E, Suite 210, Denton 76210 HOME Start Date 10/01/2012 Other Sources $446,958 Completion Date 09/30/2013 Total $465,958 FRED MOORE DAY NURSERY PROJECT Project consists of various improvements to the day care facility. Improvements will include classroom addition, improvements of sidewalks and parking, ADA/TAS compliance, construction of retaining wall and drainage, replacement of windows, replacement of fencing, painting, and upgrade of playground equipment landscaping. The day care provides services to low and moderate-income families. The project will be carried out by Fred Moore Day Nursery School and the Community Development Division. Objectives: HUD Matrix Code: 03M Child Care Centers 570.201 (C) Suitable Living Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Environment Priority Need: Public Facilities Decent Housing Creating Economic Improve services for low and moderate-income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with access to improved Availability/Accessibility Indicators: facility 140 Affordability Sustainability Project Goals: 140 persons Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Private 570.500(c) CDBG $286,759 Location: 821 Cross Timber Street, Denton, 76205 HOME 0 Start Date 09/01/12 Other Sources 0 Completion Date 05/31/13 Total $286,759 12 Page HEALTH SERVICES OF NORTH TEXAS Provision of food and medical care to individuals and families impacted by AIDS/HIV and medical assistance to underserved, low-income, and uninsured residents of the city of Denton. Funds will be used to buy food, hygiene products and medical care for non-HIV related infections and chronic diseases. Additional funding will be used for the salary of a pharmaceutical assistance program - coordinators salary, medical care, diagnostic tests, laboratory tests, medication and durable medical supplies for low-income residents of the city of Denton. Program will be carried out by Health Services of North Texas. Objectives: HUD Matrix Code: 05 Public Services (General) 570.201(e) Suitable Living Environment Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Decent Housing Priority Need: Non-Homeless Special Needs 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 801 persons Affordability Sustainability Project Goals: 801 People Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Private 570.500(c) CDBG $26,519 Location: 4210 Mesa Drive, Denton Texas 76207 HOME Start Date 10/1/2012 Other Sources $998,500 Completion Date 9/30/2013 Total $1,025,019 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 also includes estimated program income for HOME ($54,000) and CDBG ($8,000). Program will be Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives: Suitable Living Environment Eligibility: 570.208(a)(3) Low/Mod Housing Decent Housing Creating Economic Priority Need: Owner-occupied Housing Opportunities Specific Objective: Improve the quality of owner-occupied housing. Outcomes: Specific Outcomes Number of units brought from substandard to Availability/Accessibility Indicators: standard condition 9 housing units Affordability Sustainability Project Goals: 9 housing units Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Local Government CDBG $0 Location: Community Wide HOME $426,764 Start Date 08/01/2012 Other Sources Completion Date 07/31/2013 Total $426,764 13 Page MARTIN LUTHER KING SUMMER PROGRAM Provision of a summer day program targeted to youth in Denton. Funds will be used to provide scholarships for low- HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Suitable Living Environment Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Decent Housing Priority Need: Public Services Creating Economic Opportunities Improve the services for low/moderate income Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to Availability/Accessibility Indicators: a service 56 people Affordability Sustainability Project Goals: 56 people Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Local Government CDBG $15,000 Location: 1300 Wilson St., Denton Texas HOME Start Date 06/01/14 Other Sources Completion Date 08/31/14 Total $15,000 MINOR REPAIR PROGRAM Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be ivision. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives: Suitable Living Environment Eligibility: 570.208(a)(3) Low/Mod Housing Decent Housing Creating Economic Priority Need: Owner-occupied Housing Opportunities Improve the quality of owner housing. Specific Objective: Outcomes: Specific Outcomes Number of units occupied by elderly - 34 Availability/Accessibility Indicators: Number of units made accessible - 5 Affordability Sustainability Project Goals: 34 housing units Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Local Government CDBG $148,000 Location: Community Wide HOME Start Date 08/01/2012 Other Sources Completion Date 7/31/2013 Total $148,000 14 Page SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS) Provision of congregate and home-delivered meals to the elderly. Funds will be used to buy meals. SPAN provides meals, primarily to elderly Denton residents or to persons sixty years or older. Home meals are specifically provided to home-bound persons. Congregate meals are provided at two local senior centers. Of the meals provided by SPAN, Inc., 16% are congregate meals and 84% are home-delivered meals. Program will be carried out by SPAN. Objectives: HUD Matrix Code: 05A Senior Services 570.201(e) Suitable Living Environment Eligibility: 570.208(a)(2) Low/Mod Limited Clientele Decent Housing Priority Need: Non-housing special needs Creating Economic Opportunities Specific Objective: Improve the services for low/moderate income persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to a Availability/Accessibility Indicators: service 330 persons Affordability Sustainability Project Goals: 330 people Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Private 570.500(c) CDBG $10,080 Location: 1800 Malone Street, Denton, Texas 76201 HOME Start Date 10/01/2012 Other Sources $620,141 Completion Date 09/30/2013 Total $630,221 TENANT BASED RENTAL ASSISTANCE Provision of rental assistance to special needs households including elderly and disabled. Funds will be utilized to make direct rental payments to owners/manager s of units where a special needs TBRA resident resides. Project Objectives: HUD Matrix Code: 05S Rental Housing Subsidies (TBRA) Suitable Living Eligibility: N/A Environment Priority Need: Rental Housing Decent Housing Creating Economic Specific Objective: Improve access to affordable rental housing. Opportunities Outcomes: Specific Outcomes Number of assisted units occupied by elderly or Availability/Accessibility Indicators: disabled households 2 households Affordability Sustainability Project Goals: 1 households Primary Purpose: Homeless HIV/AIDS Disabled Funding: Subrecipient: Local Government CDBG $ Location: Community wide HOME $6,000 Start Date 08/01/12 Other Sources $ Completion Date 07/31/13 Total $6,000 15 Page OTHER RESOURCES AVAILABLE GENERAL FUNDS Also, during the 2012 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 programs. 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 2012. General Other Total Category / Agency Funds Funds Funds Aging Services Day Stay for Adults 45 people $5,100 $286,800 $291,900 RSVP 490 people $10,000 $207,967 $217,967 Emergency Services Denton County HMIS N/A $18,000 $68,908 $86,908 HOPE, Inc. 40 people $24,000 $47,533 $71,533 Salvation Army of Denton 950 people $20,000 $106,440 $126,440 Day Care /After School Care Denton Christian Preschool 95 people $22,500 $408,761 $431,261 Fred Moore Day Nursery 140 people $35,000 $394,825 $429,825 Child/Family Services CASA 216 people $10,000 $164,475 $174,475 Communities in School 380 people $8,000 $691,276 $699,276 Other Services Camp Summit 35 people $2,000 $1,512,455 $1,514,455 PediPlace 284 people $4,480 $1,682,469 $1,686,949 Total 16 Page STRATEGIES & PROPOSED PROJECTS The City of Denton's 2012 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 2010-14 Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy RENTAL HOUSING STRATEGIES DH-3.1 Encourage and support An addition of 150 Provide support for developments meeting this Sustainability of the development of affordable units in mixed strategy. Decent Housing small mixed-income income developments with rental developments in 50 units or less would assist accessible areas. in meeting this outcome measure. DH-2.1 Encourage self-Self sufficiency programs Work with and provide funding when appropriate Affordability of sufficiency among will target households to support transitional housing and self- Decent Housing households that receiving rental assistance sufficiency programs administered by Denton currently receive rental and other forms of public Housing Authority and HOPE, Inc. and other subsidies and other assistance. Create housing local organizations. forms of public affordability for 3 to 5 support. households per year. DH-1.1 Encourage and support Support repairs or Work with Code Enforcement Division and local Availability/ the rehabilitation of rehabilitation of 5 to 10 rental property owners to identify and support Accessibility of substandard units. units per year. rehabilitation of substandard units. Decent Housing DH-2.2 Encourage and assist Approximately 150 renters Continue supporting the Affordability of low-income renters to will be assisted. Decent Housing become homeowners. Housing Opportunity Program, New Construction Program and Nevada Court Project Sufficiency Program and Habitat for Humanity. DH-1.2 Target programs and Four newsletters per year Disseminate program information in Spanish and Availability/ information to will be sent out. Additional English to organizations serving these groups. Accessibility of minorities and the information will appear on Decent Housing elderly. cable channel. OWNER-OCCUPIED HOUSING STRATEGIES DH-2.3 Educate homeowners Information will be provided 9 households will be provided successful Affordability of regarding home to 8-10 households per year. homeowner education. Decent Housing maintenance and budgeting for major and minor repairs and safe cleaning practices. DH-2.4 Assist low and Provide minor repairs to Funding of the Minor Repair Program for a Affordability of moderate-income approximately 100 very low minimum of 34households. Decent Housing households with to moderate-income minor housing repairs homeowners. and weatherization. 17 Page Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy DH-3.2 Encourage and assist Assistance to 20 to 35 Funding of the Home Improvement Program for 9 Sustainability of low and moderate-households. It is anticipated households. Decent Housing income homeowners that 25%-35% of the annual to maintain their units allocation will be dedicated to up to current City of this targeted area. Denton code standards in targeted areas. HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS DH-2.5 Educate homebuyers Information will be provided Support of HUD approved homeowner-ship Affordability of regarding home to 100 prospective workshops by local agencies and lenders Decent Housing buying process and homebuyers. household budgeting. DH-2.6 Encourage and assist Approximately 100 renters Homebuyer Affordability of low and moderate will be assisted. Decent Housing income renters to Housing Opportunity Program with residual become homeowners. funds. It is anticipated that 35% to 50% will be minority households. DH-2.7 Support production of Construction of an estimated New Affordability of affordable units. 50 new units. Construction Program and DAHC and Habitat for Decent Housing CONTINUUM OF CARE PREVENTING HOMELESSNESS DH-2.8 Provide assistance for 1) Support a minimum of 1a) Support and refer persons to local business Affordability of low-income 100 units of individual Decent Housing households to secure and group counseling and and Credit Counseling Classes and sustain safe, educational opportunities 1b) Provide funding to HOPE, Inc in support of decent affordable concerning securing and programs housing maintaining a home. 2a) Provide administrative support and funds including 2b) Continue to support the Tenant 2) Support 750 individual/ Based Rental Assistance from HOME funds family units of services to to the Elderly and Disabled to maintain secure and maintain independent living and to prevent housing including homelessness. prevention of foreclosure and eviction a year. CONTINUUM OF CARE OUTREACH AND ASSESSMENT SL-1.1 Improve community 1) Continue implementation 1) Provide funds to the Denton County Availability/ assessment of needs of HMIS. Increase data Homeless Management Information System Accessibility of and services available sharing and number of to enroll and support homeless service Suitable Living participants. At least 3 agencies. Environment 5 agencies should 2) Assist the Denton County Homeless participate in data sharing. Coalition to organize a taskforce to create 2)Support development of a and implement a plan to in Chronic county-wide, coordinated Homelessness including a coordinated Discharge Policy and Plan discharge policy. to End Chronic Homelessness in two years. 18 Page Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy CONTINUUM OF CARE EMERGENCY SHELTER DH-1.3 Meet the emergency 1) Support at least 1,000 1) Provide funds to the Denton County Friends Availability/ shelter and basic emergency shelter nights of the Family Safe Shelter. Accessibility of health, food, clothing, of stay a year. 2a) Support local agency with application to Decent Housing and personal hygiene 2)Assist local agencies to Emergency Solutions Grant, Supportive needs of the homeless apply for at least three Housing Program. and victims of grants to provide domestic violence. supportive services to all homeless, victims of domestic violence, homeless families or homeless youth. CONTINUUM OF CARE TRANSITIONAL HOUSING DH-1.4 Meet the transitional 1) Support at least 50 1a) Availability/ housing and individuals/ families program to assist 40 people. Accessibility of supportive service provided with transitional 2a) Provide local agencies with information on Decent Housing needs of the homeless housing a yeargrant opportunities for funds to support and victims of 2)Assist local agencies to transitional housing and supportive services. domestic violence in apply for at least two 2b) Provide support for the applications to preparation for a grants to provide request Emergency Solutions Grant Funds move to permanent or additional transitional and Supportive Housing Program funds for permanent supportive housing and supportive transitional housing and supportive services housing. services3) Attend Ten Year Plan to End Homelessness 3)Support the increase use meetings and provide information on the of transitional housing importance and need for transitional housing and/or supportive services and/or supportive services. to prepare individuals for permanent housing in the Ten Year Plan to End Homelessness. CONTINUUM OF CARE TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING DH-3.3 1) Assist agencies to apply 1a) Support local Health Services of North Texas Provide homeless Sustainability of for at least two grants to and Denton County MHMR apply for and victims of Decent Housing provide permanent Supportive Housing Program funds for domestic violence supportive housing with permanent supportive housing program with permanent or an emphasis on chronic projects. permanent homeless and persons 1b) Provide local agencies with information on supportive housing. with a severe mental grant opportunities for funds to support illness and/ or HIV transitional housing and supportive services. positive status. 2a) Participate in the Denton County Homeless 2)Assist at least two Coalition. community partnerships/ 2b) Provide funding to support programs of collaborative efforts to HOPE, Inc, Denton County Friends of the continue to provide Family, and Denton Affordable Housing additional permanent Corporation who have a collaborative effort housing opportunities to to move victims of domestic violence from the homeless, potentially emergency shelter to Transitional housing in homeless and victims of preparation for stable, sustainable permanent domestic violence housing. 19 Page Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy LEAD-BASED PAINT STRATEGIES DH-1.5 Educate homeowners, 30 households and 50-75 13 homeowners will receive both the HUD Availability/ rental property contractors and property pamphletProtect Your Family from Lead in Accessibility of owners/managers & managers received field Your Home and the EPA pamphletRenovate Decent Housing contractors regarding guides for painting, home Right. Fifteen realtors will be educated on both disclosure, the history maintenance and renovation the HUD Lead Rule and the EPA RRP Rule. All of lead-based paint, work instructions. 20 contractors contacted will be encouraged to its hazards to children owners, managers or receive EPA certification. and how to use safe contractors receive individual work practices when safe work practice video disturbing paint in training for the five-year older housing. period DH-1.6 Reduce Lead-Based Average of 40 units will In properties built before 1978, five minor repairs, Availability/ Paint Hazards in receive lead-based paint three owner occupied rehabilitations and five Accessibility of owner and renter-inspection, hazard control homebuyer assistance projects will be completed Decent Housing occupied residential reduction work or abatement, and receive lead-based paint reduction work, pass units as needed. pass inspections and, when inspections and meet final clearance in required, meet final clearance compliance with 24 CFR 35 regarding lead-based over the five-year period. paint during 2011. For the Homebuyer Assistance Program, only a visual inspection will be conducted and property must pass inspection. HUMAN SERVICES STRATEGIES SL-1.2 Meet the basic food 1) Support at least 300 2a) Provide funds to support the Nutrition Availability/ needs of the homeless emergency meals and food Center of Health Services of North Texas to Accessibility of and low-income bags a year provide an estimated 50 persons with Suitable Living weekly nutritional shops. Environment 2) Support at least 150 meals 2b) Provide funds to support SPAN who will and nutritional food provide meals to 330 to persons over 60 or bags/shops a year disabled persons. SL-1.3 Meet the basic shelter 1) Support at least 250 1) Provide funds to the Denton County Friends Availability/ needs of homeless emergency shelter nights of the Family Safe Shelter to assist 160 Accessibility of and low-income of stay a year people. Suitable Living persons 2)Support at least 25 2) Provide funds to HOPE, Inc to support a Environment individuals/ families transitional housing program for an estimated provided with transitional 40-65 persons. housing a year 3a) Provide 10 staff hours to support the Denton 3)Provide at least 60 hours County Homeless Count conducted by the of staff time in support of Denton County Homeless Coalition (DCHC). at least 3 projects for the 3b) Provide staff time as necessary to support the Denton County Homeless DCHC application for Continuum of Care Coalition a year funds. 4)Support 75 individual/ family units of case management and other services to maintain housing including prevention of foreclosure and eviction a year 20 Page Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy SL-1.4 Foster and maintain 1) Participate in at least 3 1a) Participate in the Denton County Homeless Availability/ an environment coalitions and/or Coalition in the effort to prevent and end Accessibility of where families, collaborative efforts for homelessness. Suitable Living neighborhoods, and community initiatives to 2a) Provide funds to three daycares to support the Environment communities enjoy foster and maintain an provision of childcare to an estimated 357 strong, supportive environment to promote families. relationships strong, supportive 2b) Provide funds to after school/summer care relationships. programs and the provision of childcare for 2)Support at least 150 56 children. individuals/ family units 3a) Provide support to Denton County Friends of of childcare, after-school the Family for the provision of domestic and summer care, violence and sexual assault victim services parenting skills, and adult including counseling. education assistance a year. Center for Denton County to provide sexual 3)Support at least 75 units abuse/assault services to children and non- of domestic violence and offending families members. sexual assault prevention 4) Provide support to Denton County Friends of education and training a the Family for the provision of community year education and offender classes to prevent domestic violence and sexual assault. SL-1.5 City residents have 1) Support at least 50 units 1) Provide support the Family Health Care, Availability/ access to health care of health care services a PediPlace and Health Services of North Accessibility of to be as physically year. Texas for primary health care and pre-natal Suitable Living and mentally fit as 2)Participate in any services to at least 1150 persons. Environment possible coalitions/collaborative efforts to improve availability of health care especially for low- income persons, elderly, and people with disabilities. 3)Support at least 20 units of mental health care services a year... INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES SL-3.1 Street improvements. Promote livability & Not applicable this year. Sustainability of sustainability for residents of Suitable Living low/mod neighborhoods. Environment Projects will support 200 hhs. SL-3.2 Installation of new Promote livability and Provide funding for installation of sidewalks on Sustainability of sidewalks and sustainability for residents of Crescent Street. Suitable Living replacement sidewalks. low/mod neighborhoods. Environment Projects will support 200 hhs. SL-3.3 Installation of water and Promote livability and Provide funding for replacement of sewer lines on Sustainability of sewer lines. sustainability for residents of Alexander Street. Suitable Living Connection of low/mod neighborhoods. Environment residential units to Projects will support 150 hhs. services. 21 Page Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy SL-3.4 Installation of drainage Promote livability and Not applicable this year. Sustainability of improvements including sustainability for residents of Suitable Living improvements that will low/mod neighborhoods. Environment remove residential Project will support properties from approximately 50 hhs. floodplain. SL-3.5 Rehabilitation and Improve availability & Not applicable this year. Sustainability of expansion of public accessibility of services Suitable Living services facilities. through improvement to at Environment least 2 public service facilities. SL-3.6 Improve and/or expand Improve availability & Not applicable this year. Sustainability of park facilities including accessibility of services to at Suitable Living open space, playground least 2 park facilities. Environment and other recreational facilities. DEMOLITION STRATEGIES SL-3.7 Continue to demolish To demolish 20 structures Continued support for the Demolition Program Sustainability of substandard buildings during the five-year period. through Code Enforcement. Suitable Living to improvement the Environment appearance and safety of neighborhoods ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES EO-3.1 Support training and Provide economic Provide non-federal incentives to organizations to Sustainability of employment activities opportunity by supporting create jobs. Work with job training organizations Economic targeted to poverty activities that create jobs. to promote training in specific areas of need. Opportunity and very low-income Observe an increase in the households. number of poverty and low- income hhs that achieve self- sufficiency*. EO-1.1 Expand educational Provide economic Provide funding to transitional housing providers. Availability/ opportunities for opportunity for transitional Request that information on educational Accessibility of those seeking housing clients. 25-35 hh opportunities be provided to clients. Economic transitional housing (over 5 years) receive Opportunity or other housing counseling/educational support services. services. EO-1.2 Encourage support of Over the five-year period 25+ Monitor federally funded projects and work with Availability/ Section 3 goals by individuals hired for projects contractors to ensure that Section 3 requirements Accessibility of local contractors. by private contractors. are fulfilled. Economic Opportunity BARRIERS TO AFFORDABLE HOUSING STRATEGIES DH-1.6 Educate the Improve accessibility and Quarterly newsletter will be sent out to clients, Availability/Accescommunity regarding availability of information on local lenders, realtors, agencies, churches, sibility of Decent the benefits of affordable units by providing neighborhood associations, libraries, recreation Housing affordable housing. homeownership and fair centers and many others. Two public hearing will housing information, be held during the preparation of the annual quarterly newsletters, at least action plan and one during the preparation of the 2 public hearings annually. performance report. 22 Page Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy DH-2.9 On an annual basis, Create affordability in Continue to request impact fee grants from the Affordability of request approval and housing through provision of General Fund for housing non-profits for the Decent Housing funding for impact an average of three to five construction of affordable housing. fee grants for grants per year over the five- producers of year period. affordable housing. DH-2.10 Allocate funding to Create affordability in Support for Denton Affordable Housing Affordability of the non-profit and housing through construction , Private Decent Housing for-profit of 25 50 SF units and 50 -developers and the Cit organizations that are 100 rental units that are Program. developing affordable affordable to low-income housing. Request that households over the five-year they attempt to period. maximize the leveraging of these dollars and provide documentation. 23 Page 2011 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts Minority 4 Concentration by Census Tracts 5 0 - 25% 2 +25% - 30% 3 +31% - 40% +41% - 50% +50% - 6 1 100% Source: U.S. 2000 Census 2012 Projects and Activities 1. Alexander Sewer Line Replacement Project 4. Health Services of North Texas* 2. Denton City County Day School* 5 Crescent Sidewalk Project 3. Family Health Care* 6. Fred Moore Day Nursery Project Community-Wide Activities MLK Summer Program* Minor Repair Program CDBG and HOME Administration HOPE, Inc. Denton Affordable Housing Corp. Rental Services Program for Aging Needs, Inc Home Improvement Program Tenant Based Rental Assistance Program Geographic distribution of projects is based on citizen, service provider and City staff input regarding significant needs in the low-income community, specifically in regard to public facility improvements. Home Improvement Program activities are limited to low-income areas that are zoned residential. This is to ensure that substantial amounts of funding are not expended on housing in areas zoned commercial or industrial, where the zoning transition in the near future, would no longer allow residential development. *Public service activity locations are provided on the above map, however, services provided by each of the organizations is available to low and moderate-income households throughout the Denton community. 24 Page OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM - FORMS OF INVESTMENT The City of Denton, through the Homebuyers Assistance Program (HAP). 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, 7 or 10-year recapture period for all homebuyers. The subsidy is provided as a 5, 7 or 10 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. City of Denton utilizes recapture for the Homebuyer Assistance Program as required by 24 CFR 92.254(a). The Homebuyer Assistance Program that provides down payment, closingreduction. Recapture occurs when the recipient of HOME dollars either sells the affordability/compliance period, or when the recipient of HO maintain the property as a primary residence, the property is foreclosed on by any lender, or violates the covenants contained in the Written Agreement betweeCity of Denton and the recipient of HOME funds. The terms of recapture are contained in the Written Agreement between City of Denton and the recipient of HOME funds for the Homebuyer Assistance Program. The following are the current recapture terms for each program noted: 3. (INSERT THE SPECIFIC LANGUAGE UTILIZED IN THE WRITTEN AGREEMENT 4 (INSERT THE SPECIFIC LANGUAGE UTILIZED IN THE WRITTEN AGREEMENT and #2 above) NOTE: You are reminded that your Written Agreements should also specif defaults for any reason other than the actual sale of the proper property as his/her/their principal residence) the FULL AMOUNT OF THE HOME SUBSIDY must be repaid. (The PJ is responsible to repay regardless of whether or not any or all of MONITORING STANDARDS AND PROCEDURES 25 Page 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 and General Funds to several non-profits agencies and 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 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. 26 Page For the HOME program, a similar process is also followed to monitor the Denton Affordable Coordinator with the help of the Community Development staff monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. TBRA units and residents are monitored on an annual basis to ensure that all HOME requirements are met. Also, the only rental project not funded through the local CHDO, is a project that provides transitional housing and services for single-parent families. This organization is also monitored annually including a review of the client files for income information. 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. 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 T10-2014 that hinder effective housing and social services delivery. These gaps include the following with 1.Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Local housing organizations need to work together to expand resources and programs to ensure that a variety of housing choices are available to serve low and moderate-income households. Action to overcome gap: Continue to encourage participation in the Denton County Homeless Coalition, the Denton County Senior Services and other collaborative organizations. Work with agencies and continue to support partnership efforts and the sharing of information regarding funding opportunities. 2.Need for more effective coordination between emergency assistance agencies. Action to overcome gap: Continue to support efforts of the Denton County Homeless Coalition and HOPE, Inc. to expand the network of organizations participating in HMIS. 27 Page 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. Action to overcome gap: Request additional funding where available to train contractors and pay increased costs. Work with training organizations to promote training opportunities to local contractors and employees. 4.Lack of shelter facilities for families and youth. Action to overcome gap: Support work of Denton County Homeless Coalition in targeting priority services and facilities needed in the area. Assist in grant writing and other forms of fund raising. Administer homeless grant funds when appropriate and support is needed. 5.Lack of coordination of homebuyer/homeowner educational services needed to provide a higher level of information. Action to overcome gap: Investigate a partnership with the Denton Housing Coalition, Denton Affordable Housing Corporation and/or the State of Texas to develop a more comprehensive educational program. 6.Inability to assist low and moderate-income property owners to bring housing units up to standard condition. Action to overcome gap: Seek out additional funding to assist low income homeowners and work to develop program or policies to ensure that owners of rental property improve units as needed to maintain unit up to local code requirements. ADDRESSING THE CHRONIC HOMELESS (UPDATE IN PROGRESS) The Denton County Homeless developed the following steps during the 2010-2014 Consolidated Plan process to address chronic homeless. These steps are reaffirmed during the 2012/13program year. The Denton County Homeless Coalition believes a structured and seamless collaborative system of services and programs can move individuals experiencing chronic homelessness to sustainable permanent supportive housing. This transition to sustainable permanent housing is the key to ending chronic homelessness. The DCHC point-in-time homeless count taken in March 2009 (Denton County Homeless Count) identified fifteen sheltered and 13 unsheltered chronic homeless. It is likely that there were approximately forty-three chronic homeless that were not counted. These estimates were created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults At this time DCHC is moving from a coalition philosophy to a community strategy to end chronic homelessness. A coalition subcommittee is in the process of developing a Ten-Year Plan to End Chronic Homelessness. Since the plan is in process, the steering committee decided 28 Page to take a three-step planning approach to building a community strategy to end chronic homelessness. 1.A small committee conducting research on strategies, stakeholders, goals, and activities to promote appropriate services for the community and chronic homelessness. In the fall of 2004, the small group completed their research and provided possible community directions for review by the steering committee. The Steering Committee used the information to move to the Step Two of the three step planning approach. 2.Identified community stakeholders and possible actions necessary to end chronic homelessness. Upon review of other successful planning processes to end chronic homelessness, the steering committee decided to approach local elected officials to sponsor and convene the community planning process. The DCHC is in the process of completing this step of the three step planning approach. 3.Convene a large community meeting for all identified stakeholders to review, modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC expects the community plan to end-chronic homelessness will build from current programs and services available. The Denton County Homeless Coalition has identified several obstacles to ending chronic homelessness including lack of major substance abuse services, healthcare services, and transportation. These items present significant barriers in moving the chronic homeless from experiencing homelessness to maintaining a stable environment. HOME PROGRAM - MINORITY OUTREACH PROGRAM To ensure employment and business opportunities for minority businesses the City of Denton will continue to carry out and support the following activities during the program year. 1. The Denton Chamber of Commerce and the Black and Hispanic Chambers of Commerce refer building contractors to the Community Development office to apply to be added to the active contractors bid list. 2. Will request that general contractors on CDBG and HOME-funded capital projects give preference to hiring minority or women subcontractors and employees as well as include this wording in construction contracts. 3. City and encourage minority participation 4. Notices are sent to both the Black Chamber and the Hispanic Chamber of Commerce in Denton informing them about the programs, the assistance and contracting opportunities that are available. 5. City of Denton will continue to attend the Small Business Development Breakfast on a monthly basis. 6. City of Denton will continue to comply with all State bidding requirements for Historically Underutilized Businesses (HUB) 7. City staff will also perform debarment reviews to ensure that no previously debarred contractors are allowed to participate in projects. 8. City will continue to advertise annually in the Denton Record Chronicle and daily in the local cable channel in search for contractors and will encourage participation by minority contractors. 29 Page HOME PROGRAM - Affirmative Marketing Policy and Implementing Procedures Denton Affordable Housing Corporation In accordance with federal regulations, including but not limited to the HOME Investment Partnership -discrimination and equal opportunity in housing, they have established the following procedures to affirmatively market their programs. These procedures are intended to further the objectives of Title VII of the Civil Rights Act of 1968 known as the requirements of Section 2306.257 of the Texas Government Code. The stated policy of the Denton Affordable Housing Corporation is that individuals and families will not be discriminated against in their housing choices or in access to housing services on the basis of race, color, sex, religion, handicap, national origin, or familial status. Furthermore, DAHC is committed to the goals of affirmative marketing which will be implemented in the specific steps outlined as follows: 1. Ensuring that all potential applicants and the general public have access to Federal Fair Housing Laws and Affirmative Marketing Procedures through the following outreach methods: A. other means throughout the target area served by DAHC. (All program advertising as well as other advertising such as job postings should contain required fair housing or equal opportunity language when appropriate.) B. Distributing and posting available information in a variety of ways, as outlined in the Affirmative Marketing Plan. These should be posted in advance of application periods and maintained throughout the period. (All publications or other materials should contain required fair housing or equal opportunity language when appropriate.) 2. Ensure that all persons, including persons covered by the Fair Housing Act and its amendments, have access to information about program services and available units. This includes special outreach to groups that are least likely to apply for assistance. This includes home bound disabled, non-English speaking persons, neighborhood based organizations in minority neighborhoods and/or any other group which not have access to information. When DAHC learns of vacancies, it will make information about them known by: A. Maintaining a list of units at the DAHC business office. This list should be available to the general public during regular business hours. B. dablehousing.org C. Display a copy of the Affirmative Marketing Plan in the leasing office and make a copy of the Plan available to the public upon request. D. Bilingual Services: DAHC will attempt to maintain at least one staff person who is bilingual in English and Spanish and have this service available during the regular work day hours. DAHC will prepare program brochures and documents in both English and Spanish, to the extent possible. E. As part of the special outreach effort, the DAHC will work cooperatively with local organizations which serve the needs of persons protected by the Fair Housing Act. Such organizations might include minority churches, housing agencies, non-profits which serve 30 Page disabled persons or displaced homemakers, eldercare organizations or any other specific organization which provides services in the target area of DAHC. These organizations include: HOPE, Inc. PO Box 50946, Denton, TX 76202-0946 Contact: Barbara Atkins Phone number: 940/382-0609 HOPE, Inc. is a non-profit organization administering programs geared to assist homeless families. REACH of Denton 405 S. Elm, Ste. 202, Denton, TX 76201-6068 Contact: Missy Dickinson Phone Number: 940/383-1062 REACH, Inc. is a non-profit corporation with the goal of advocating for and empowering people with disabilities to take charge of their life. REACH operates Resource Centers in Fort Worth, Dallas, and Denton. The Centers are non-residential resource agencies which provide services including information and referral, Peer Counseling/Support Groups, Independent Living Skills, and Advocacy Assistance. Denton County Mental Health/Mental Retardation (MHMR) PO Box 2346, Denton, TX 76202-2346 Contact: Mary Gotcher Phone number: 940/482-9294 MHMR provides case management and support services to individuals with mental health and/or developmental disabilities. Health Services of North Texas 4210 Mesa Drive, Denton, TX 76207 Contact: Ron Aldridge Phone number: 940/381-1501 HSNT is a nonprofit organization that provides housing assistance and other support services to individuals who are HIV positive or have Aids and their families. This organization also serves as an advocacy group for this population. Friends of the Family 1400 Crescent, Ste. 5, Denton, TX 76201 Contact: Toni Johnson-Simpson Phone: (940) 387-5131 Friends of the Family provides shelter and emergency services to victims of domestic violence. 3. Recordkeeping - The Denton Affordable Housing Corporation will keep records of the following: A Demographic information of applicants for services. This information is included on HUD, FHLB and TDHCA set-up and close-out forms. B. other advertising such as job postings should contain required fair housing or equal opportunity language when appropriate). C. Copies of brochures, flyers, and other program materials which reference their programs. (All publications or other materials should contain required fair housing or equal opportunity language when appropriate.) 31 Page D. Dates, notices, and attendance records from public outreach meetings, if any. F. Identification of special outreach population(s) and procedures utilized to inform this (these) group(s). G. Unit Occupancy/Vacancy Report on a quarterly basis to be made available to the public. 4. Assessment and reporting requirements - The Denton Affordable Housing Corporation will regularly assess its outreach and affirmative marketing efforts and report its results to interested parties, including the City of Denton and TDHCA, at the close of the contract period. This will include: A. A list of outreach methods used, particularly for special needs populations such as persons with disabilities. B. An assessment of success or failure of these methods. This can be made by comparing the demographic data of clients served and those who applied with the demographics of the target area. C. Corrective action to improve affirmative marketing if unsuccessful. This might include additional steps to further market the program to those groups which have not been served, particularly persons with disabilities. 5. Annual Plan to Outreach to Historically Underutilized Businesses (HUBs) In addition to the steps outlined above, on an annual basis, DAHC will prepare and implement a plan to outreach to and network with, local minority businesses and HUBs. The Plan will respond to the findings of the assessment of efforts and success described in paragraph 4. The outreach methods may include: DAHC will join the African American Chamber of Commerce in Denton DAHC will join the Hispanic Chamber of Commerce in Denton DAHC will attend neighborhood meetings to describe participation opportunities Notices soliciting contractors will be placed in the following locations: Martin Luther King Center, bulletin boards of grocery stores, Restaurants catering to minorities, and churches with large minority populations Whenever speaking at a public forum, DAHC representatives will mention that we are always looking for HUB participation and encourage individuals to apply. Participate in local and civic activities, such as the Cinco de Mayo celebration, distributing information about programs and encourage HUBs to apply. 32 Page Public Hearing Notes December 8, 2011 MLK Recreation Center Barbara Ross reviewed the outreach efforts that were taken to get the word out regarding the public hearing. She also reviewed the eligible activities under both the HOME and CDBG programs. tance Program. She also praised the Home Improvement Program that helps with adjacent housing marketability, neighborhood safety and hazard reduction. Ms. Ross added that lead based paint was also addressed by the program. Ms. Ross asked for comments regarding what projects and programs should be funded in the 2012-13 program year. Wendy McGee, Director of Fred Moore Child Care, outlined the services the agency provides. She noted that Fred Moore Day Nursery School is the only agency currently providing sliding scale fee to children under the age of two. She also mentioned the need to expand to serve more infants. The agency receives calls on a weekly basis. Leslie Wisenbaker stated that there is a need for more transitional housing services for persons with substance abuse issues to lead them to more permanent housing situation. She added that the 15% cap should be increased. Ms. Ross explained that the public services cap was set by the federal regulations. Ms. Wisenbaker added that the per capita allowance of general funds allocated to human services needed to be increased due to community needs. Deb Robertson, Director of SPAN, asked if services were provided to add ramps to persons with disabilities. Ms. Ross stated that various ADA improvements were eligible and that the Minor Repair Program currently completes these types of improvements. Leslie Wisenbaker stated the need for a crisis shelter that allowed more than five days of lodging, especially for persons with substance abuse. Public Hearing Notes December 8, 2011 Denia Recreation Center No citizens attended the public hearing at Denia. 33 Page ACTION PLAN PUBLIC HEARING MINUTES April 17, 2012 City Council Meeting Wendy McGee, Executive Director of Fred Moore Day Nursery School (FMDNS), stated that due to the additional CDBG funding that will be allocated to facility improvements at the daycare, the children will have a safer environment. FMDNS will also be able to serve more children as a result of a new classroom addition. She stated that FMDNS was the only sliding fee scale daycare that provides services to children that are under two years of age. Ms. McGee noted that with parent fees at only $2,000 to $2,400 per year that outside sources of funding to support the daycare are needed. She thanked the City Council for their support Rebecca Appling stated that her son attends FMDNS and he has been there since he was a baby. She stated that the daycare really helps single women with children. She added that she thinks it is a great idea to expand the playground and add another classroom. Mayor Pro Tem Pete Kamp read the written comments submitted by Zarian Presley-Boone, Andrea Schreiber and David Kaplan. Each of these individuals expressed their support for the Cre pedestrians. MINUTES FROM 30-DAY COMMENT PERIOD April 1, 2012 through April 30, 2012 As of April 17, no citizen comments had been received. Any comments provided after that date will be included in the Action Plan submitted to the US Department of Housing and Urban Development. 34 Page Community Development Advisory Committee February 8, 2012 Approved Minutes Members Present: Amber Briggle, Margaret Fiedler, Bob Gorton, Gerard Hudspeth, Ray Jordan, John Siegmund, Dorothy Watts, Ira Weinstein Staff Present: Barbara Ross, Nancy Baker Chairperson, Gerard Hudspeth called the meeting to order. He asked members to review the minutes from the October 2, 2011 meeting. John Siegmund made a motion that the minutes be approved as written. Ira Weinstein seconded the motion. The motion was approved. Barbara Ross asked the committee members if there was any additional information that they would like to receive from the applicants that is not included in the initial application information. Vice-Chair Dorothy Watts stated that the revised application was easier to review, however, the service previous application. She requested that the applicants provide more information regarding the demographics of their service population. Members asked what household income levels were eligible to participate in the grant-funded programs. Ms. Ross noted that Nancy Baker, housing programs manager, would be providing the programs guidelines for the Home Improvement Program and the income levels were included in the booklet. Margaret provide information that could be measured and accurately reported. She noted that the performance measures stated in some of the applications were not specific enough. Ray Jordan the measure would be completion of the project. Members continued to discussing the issue. Ms. Ross stated that she would ask each of the applicants to include descriptors that could be measured and included in the annual report. Amber Briggle asked if the members could take a tour of the potential projects and some completed housing projects. Ms. Ross indicated that she would work with the committee the proposed projects on their own. Members continued discussion of the questions they had regarding the applications. Mr. Hudspeth commented that many of the questions will be answered when the applicant makes his/her presentation to the committee. He asked Dr. Fiedler for an example of descriptors. Dr. Fiedler explained that the applicants will be asked what they will accomplish as a result of receiving project funding. Mr. Jordan stated that all of the applicants (non-profit) have already provided this information to the United Way so, it is available. He added that the organizations should have a list of the metrics/goals they plan to accomplish. Mr. Jordan also asked how the Denton City County Day School (DCCDS) has spent their previous funding. He stated a concern that the organization may be requesting funds to replace 35 Page cabinetry, playground equipment and other items that were previously replaced through the CDBG program. Ms. Ross indicated that she would get that information to the members. Dr. Fiedler asked why the Denton Affordable Housing Corporation (DAHC) would need operating funds from the City. She indicated that their financial reports show that DAHC has more income than expenses. Mr. Weinstein commented on the salary levels. Ms. Ross indicated that the executive director of DAHC has been with the organization since its inception in the mid-Provo, ED, about their financial situation when she presents the application. Mr. Hudspeth asked for information regarding which projects had to be bid out. Ms. Ross explained that all projects are bid either formally or, if the amount is small, the organization can get quotes. She did note however, that DAHC acts as their own general contractor and uses various other sub-contractors without getting quotes. HOME regulations allow Community Housing Development Organizations like DAHC to act as developers. Ms. Ross went on to to participate in the Home Improvement and Minor Repair programs. She also commented that the Community Development staff is responsible for monitoring all projects and, before payments are made, staff inspects the properties to make sure all work is completed and up to code. Mr. Weinstein stated that there were 11 requests for funds totaling $1.4 million. He noted that $1.2 million is available so, the CDAC would need to look at cutting only $200,000. Mr. Siegmund explained the decision-making process stating that the committee generally ranks the projects, determines what they want to recommend be funded and then they look at what needs to be cut. Bob Gorton commented that the CDAC is an advisory board and should rank the projects and recommend funding levels, allowing City Council to make the final decisions. Mr. Weinstein asked if the requests could be reduced. Mr. Gorton indicated that the applicants Nancy Baker, Housing Programs Manager, presented the application for the Home Improvement Program (HIP). She explained the financial handouts indicating what funds are currently available, how much of the funding had been committed to ongoing projects, commitments to projects that will soon begin and the approximate amount that will be expended or committed by st the end of the program year which is July 31. Mr. Weinstein noted that the HIP request was for one-third (1/3) of the available funding. Using a slide show, Ms. Baker showed the committee members the types of projects completed through the program, including both rehabilitations and reconstructions. Mr. Jordan asked if there had been any reassessment of tax income, etc. in Denton to determine what type of impact the program has had. Ms. Baker and Ms. Ross indicated that the property values increase so taxes also increase but, no studies have been done. Mr. Jordan asked if the program stopped households from becoming homeless. Ms. Baker indicated that in some instances it has but, the program is intended to help low-income households maintain their homes. It must be apparent, when reviewing their income information that the household would be able to afford to make their utility and tax payments and be able to maintain the property. So, the household must have some stability and a source of income. Ms. 36 Page Baker noted that since she started working with the program twenty years ago, there has only been one unit that was foreclosed upon. Mr. Siegmund stated that he was pleased with the quality of the units and asked who designed the reconstructed units. Ms. Ross indicated that Ms. Baker designs the units. Ms. Baker discussed the unusual lot sizes and how the units are designed to fit. She noted that she uses a software program and works with the homeowners to design the units. Ms. Briggle asked how likely it was that the household owning a unit that was previously rehabbed would come back and ask for additional assistance like more rehabilitation assistance or a reconstruction. Ms. Ross indicated that in some instances households have come back but, in the early days of the program, the limit for rehabs was as low as $9,000, so, after 15 years or so, they could need some additional assistance. Ms. Baker explained that any unit that was renovated using $30,000 or more in HIP funds was ineligible for additional assistance. She also commented that she is only aware of three rehabs that were later reconstructed. thth Members set future meeting dates for February 20 and 27. Ms. Ross stated that she would contact the members by email to setup the date for the tour. The meeting was adjourned . 37 Page Community Development Advisory Committee February 20, 2012 Approved Minutes Members Present: Amber Briggle, Margaret Fiedler, Bob Gorton, Ray Jordan, John Siegmund, Dorothy Watts, Ira Weinstein Members Absent: Gerard Hudspeth Staff Present: Barbara Ross Vice Chair, Dorothy Watts called the meeting to order. She asked members to review the minutes from the February 8, 2012 meeting and asked if they had any corrections. Ira Weinstein made a motion that the minutes be approved as written. Bob Gorton seconded the motion. The motion was approved. Members discussed the upcoming projects tour. They stated that they would like to see both of the daycares that have submitted requests for funding and some of the housing projects. Ms. Ross stated that the tour will leave from the Civic Center parking lot at 9:00 am on Friday. A van will take the CDAC members on a brief tour, which should take about two hours. Eddie Garcia, Executive Director of Denton City County Day Nursery School (DCCDS) and Simone Anderson, Board member, presented their application for funding. Mr. Garcia stated that DCCDS had been providing child care services for more than 50 years. Childcare is available to extremely low, low and moderate-income households. Mr. Garcia pointed out that DCCDS does not just baby-sit but prepares the children for kindergarten. Mr. Garcia discussed the need for facility improvements. He noted that parents need to see that it is a good place to leave their children and the improvements will also help when the agency is monitored by the State. Ray Jordan asked how many teachers they had. Mr. Garcia indicated that there were eight regular teachers and two floaters. He added that they are trying to create stability by doing what they can to keep their teachers. DCCDS had recently received an excellent audit from the Federal food program. John Siegmund asked how long Mr. Garcia had been at DCCDS. Mr. Garcia stated he had been ED since 2007. Ira Weinstein asked about the number of children served and if they had bilingual teachers. Mr. Garcia indicated that their current enrollment is 93 though they are licensed for over 100. He noted that they do have bilingual teachers but not in all languages. The children learn English quickly. Amber Briggle asked if the parents were involved with the daycare and are they following up with the children at home. Mr. Garcia stated that the parents are very active. Homework is given each day except Friday and in almost all cases, the parents help their children with the homework. Ms. Anderson and Mr. Garcia described the criteria for hiring teachers. Mr. Garcia reviewed the slides and noted that there are 62 children on the waiting list. Mr. Jordan asked for an itemized breakdown of the most important improvements. Mr. Garcia stated that the playground was most important but, that he would send a list of the improvements in priority order. 38 Page have some but, they also work with the school district. Bob Gorton explained the mission of the Ann Windle School and the services provided to those that need more than a standard daycare could provide. Ms. Watts mentioned that it is always interesting to see the number of graduates that at one time attended DCCDS. Rebec applications submitted by staff. She stated that the projects were listed in priority order with Alexander Street Sewer Line as the first priority. She noted that staff costs, which had previously been requested as part of the application, would be paid by Water Utilities. Mr. Gorton asked whether the line would go only to the property line. Ms. Guthrie explained that sometimes the line has gone to the house in which cases they had to use a plumber but, normally it only goes to the tap. Mr. Gorton asked if this created any problems for the home owners. Ms. Guthrie stated that normally it does not but, occasionally there are problems. Ms. Ross pointed out that the Minor Repair Program can assist homeowners with sewer line problems. The next project listed was the Baldwin and Ramey Circle Water Line Replacements. Ms. Guthrie indicated that the projects could be broken down to single streets to reduce the cost if necessary. Ms. Guthrie reviewed the Duncan/Kerley project. Ms. Briggle asked for an explanation of the specific time span for one mile of the water line. Members discussed the water line breaks. Mr. Weinstein asked who pays for the break repairs. Ms. Guthrie stated they are paid from operational funds. Mr. Siegmund asked if there were any estimates regarding how much water is lost in these breaks. Ms. Guthrie stated that she did not have that information. The project will increase the line size from six to eight inches and 23 households will benefit. It was noted that though the request was a substantial amount, the project included both water and sewer line replacements. The Egan Sidewalk project was discussed. Ms. Guthrie stated that they will do the patching on the North side where there are some sidewalks but, there are also gaps. Sidewalks would be installed on the south side. She added that this would assist 16 households and those students walking to Denton High School and Calhoun Middle School. Margaret Fiedler asked why the sewer projects were a higher priority than the sidewalks. Ms. Guthrie stated that the sewer projects were more of a necessity. She also noted that sidewalks could be installed on only one side of Egan. The north side would be easier. Ms. Briggle stated she was familiar with the proposed bike accommodations and suggested that the sidewalk project could also connect to bike lanes and provide better access to Newton Razor Elementary. Ms. Guthrie described the Crescent Street Sidewalk project. She noted that this project could be broken down into a smaller project if needed. Crescent is a street with high volume traffic due to its proximity to DHS. There are quite a few students that walk down Crescent to and from school. Ms. Briggle asked why the north side was chosen for the sidewalks since the school is to the south. Ms. Guthrie indicated that the north side was determined to be best for the sidewalks. Power lines are on the south side. Mr. Weinstein asked how long a sidewalk project would take pointing out that the application stated completion in July. Ms. Guthrie explained that it g but, that Ms. Ross had indicated all projects needed to be complete by July. Ms. Briggle asked why the sidewalks, which she considers a safety issue, 39 Page were not a higher priority than the water and sewer projects. Ms. Guthrie explained some of the issues in relation to the sewer & water problems back-ups in homes, homes with no water available, toilets backing up in houses, etc. It is usually the older homes and neighborhoods that have these problems. The final presenter was Gordon Meredith, Residential Construction Specialist. Mr. Meredith He stated that the program serves households below 65% of the area. The amount that can be spent on each unit is $5,000. Mr. Meredith commented that during the summer about three quarters of the repairs were air conditioning units. Mr. Weinstein asked about the replacement costs of the units. Mr. Meredith responded that it is usually about $2,000 depending upon the size of the unit. He added that the coil is often also replaced. Mr. Weinstein asked how residents apply. Mr. Meredith stated that there is currently no waiting list and the program is first come, first served. The units must be owner-occupied. Roofs are also a high priority. Ms. Briggle asked how often homes receiving minor repairs also go through the Home Improvement Program (HIP). Mr. Meredith stated that when he goes to check out a request for a minor repair, he will often see other issues and suggest that the owner get on the HIP waiting list. It is very seldom that a housing unit that received a minor repair is later demolished and reconstructed. The possibility of no longer assisting residents that live in mobile homes was discussed. Staff is looking at how many of these units are eventually moved or abandoned. Members continued discussed the funding requests. Mr. Weinstein asked if there have ever been any accidents related to the lack of sidewalks. Mr. Briggle stated that a child was killed on Country Club Road where there were no sidewalks. Mr. Siegmund stated that safety is important and added that sewer improvements also improved safety for residents. Members also discussed the inconvenience to residents when public facility construction projects take a long time. Ms. Watts noted that the residents on Morse Street have had quite a bit of construction on their street over the years. Ms. Watts reminded members of the Friday tour. The meeting was adjourned. 40 Page Community Development Advisory Committee February 27, 2012 Approved Minutes Members Present: Amber Briggle, Margaret Fiedler, Ray Jordan, Gerard Hudspeth, John Siegmund, Ira Weinstein Members Absent: Bob Gorton, Dorothy Watts Staff Present: Barbara Ross Barbara Ross asked if the members had any revisions to the minutes. Hearing none, John Siegmund made a motion to approve the minutes as written. Margaret Fiedler seconded the motion. The minutes were approved as written. Chairperson, Gerard Hudspeth asked the representatives of Fred Moore Day Nursery School (FMDNS) to introduce themselves and begin their presentation. Wendy McGee, Executive Director introduced herself and the FMDNS Board chair, Sam Bays. Ms. McGee explained the importance of the daycare program at FMDNS. She noted studies indicating that children from lower-income households that participated in child development programs showed improved nutrition and health. Ms. McGee stated that FMDNS wants to serve as many children as possible. She emphasized that they are the only sliding scale non-profit daycare in Denton County that provides services to children under the age of two (2). The classroom addition that they are proposing will also serve children under two years of age. Ms. Bays stated that she had been on the FMDNS board since 2009. She commented that they bank. It was noted that Ms. McGee has been ED for five months. Ms. Bays stated that criteria that had to be met for FMDNS to continue as owner of the property - -profit entity, and 2) the property can only be used as a day care serving low-income families. She stated that they cannot sign a lien on the property. Ms. McGee commented that the daycare also works with DentonISD. She mentioned a program where DentonISD high school students who are parents can use the daycare facility. Ms. McGee also stated that 70% of those households served by FMDNS are single parents, mostly women. Ms. Bays described the improvements that would be completed this spring under Phase I. The project is currently being bid out and improvements, a new roof and air conditioning system. It was noted that there is no asbestos in the building. The grant that is being requested for 2012-13 will enhance the safety of the school by build classroom, bring the building up to ADA compliance, build a retaining wall so that rain water requested in the future for a gym at the back of the facility. Ms. Fiedler commented that the facility appears to be a safety concern. Mr. Jordan asked about the possibility of building a new school in a different location. He added that with the amount of 41 Page funding being spent on this building that a new building might be an option. Ms. Bays stated that they could not demolish and re-build on the site, that would mean closing the school and the DentonISD could then take back the property. She also stated that these funds would not be used Mr. Weinstein stated that Denton City County Day School (DCCDS) had indicated on their application, which improvements where priorities and asked if FMDNS could do the same. Ms. Bays went over the priorities for the daycare which were numbers 1 -4 on the list new classroom, sidewalks & off-street parking, ADA compliance improvements and construction of the retaining walls. She also noted that #5 and #6 should be switched in order of priority. Ms. Briggle asked if the proposed new gym would be near the sidewalks and the playground equipment would be on the side. Ms. Bays responded that the playground would be on the side yard. Mr. Weinstein pointed out that the amount of funds requested by FMDNS was 25% of the total CDBG/HOME budget. Ms. Bays discussed the community support for the daycare and that provided funding to FMDNS for many years. Funds to provide services are allocated by the Human Services Advisory Committee. Also, CDBG funds have been used in the past to rehab the facility. Ms. Bays mentioned the $150,000 that FMDNS gave back to the City since the agency had financial issues that needed to be resolved. It was also noted that parent fees are ses. If the agency were closed for a substantial period of time, there would probably be some problems continuing to pay off debts. Mr. Weinstein asked if DCCDS was under the same rules as FMDNS. Ms. Bays pointed out that DCCDS does not serve children under the age of two so, there are different requirements. Ms. Fiedler complimented the board members who have volunteered their own time to support FMDNS and are providing a quality early development program. Mr. Siegmund asked if FMDNS receives all of the funding requested will they be able to continue operating while the work is being completed. Ms. Bays stated that they will work with the contractors to get as much as possible completed on weekends and holidays. Mr. Jordan asked how much they received from the United Way. Ms. Bays stated that the United Way provide care for infants as young as six months. Ms. McGee stated that the agency serves infants as young as six weeks. Denton Affordable Housing Corporation (DAHC) staff, Jane Provo, Executive Director and Sheila Harper, Assistant Director, presented Provo stated that they were requesting funds as a Community Housing Development Organization (CHDO). DAHC has received funding from the City of Denton for the past 17 years. She noted that in the last four years, DAHC has shifted its focus from homebuyer to rental housing. DAHC has seventy rental units for low/mod renters. Many of the units are aging and they would like to improve the livability for their low-income tenants. Ms. Provo pointed out that t discussed how DAHC works with other agencies like MHMR, HOPE and Denton County Friends of the Family to provide housing for their client households. 42 Page Ms. Provo stated that DAHC is requesting $100,000. The request includes $25,000 for operating costs and $75,000 for renovation of rental units. Right now, their Affordable Housing Opportunity Program (AHOP) which is a homebuyer program is on hold. Ms. Provo commented that a portion of the income received from the AHOP was used to support staff costs. The request for $25,000 in operating is due to the fact that the program is no longer active. She noted that the rehabilitation of these older units would cost $20,000 to $30,000 per unit. Ms. Provo also pointed out that you cannot use additional HOME funds on a unit for 15 years, therefore, each rehabilitation needs to be substantial. application. Would the funding be used for two to three rehabs? Ms. Provo stated that the goal is to rehab three to four units. Ms. Fiedler asked which units would be targeted for rehab. Ms. Provo stated that 410 and 412 Mill Street and Sawyer Street were the priorities. Mr. Hudspeth asked if that was a total of six units. Ms. Harper and Ms. Provo pointed out that these were two duplexes facing each other across from Fred Moore. Mr. Jordan pointed out that units identified in previous applications were not necessarily the units that were renovated. Ms. Ross stated that the funding agreements allowed any units that would serve low/mod income households to be renovated. She also noted however, that if the committee wanted to limit their funding recommendations to the units listed on the application, this could be done. Ms. Ross asked if DAHC planned to start up the AHOP again. Ms. Provo responded that staff is looking for single family homes that they could buy, renovate and sell. She added that entry level households are having difficulty getting loans. However, there are some signs that things are improving. Mr. Jordan asked about single family units in the rental pool. Ms. Provo stated that they have some single family units and this may be the best time to consider purchasing additional units. Mr. Jordan commented that low cost housing is in high demand. Ms. Briggle asked for more homebuyer projects until the market began having problems four years ago. They now focus on improvements to their seventy rental units. She noted that they seldom have any vacancies in their rental units. Ms. Briggle asked about the rent levels. Ms. Provo and Ms. Harper indicated that rents range from $286 to $738 per month for two-bedroom units. It was noted that a portion of the units are directly assisted by the Department of Housing & Urban development. Ms. Provo commented that their disabled tenants seldom move and the victims of domestic violence stay for a two- indicated that this was correct. Mr. Hudspeth commented that the committee would like to know if DAHC would be rehabilitating the units on Mill Street. Ms. Provo stated that DAHC would be using any 2012- 13 funding allocated on the Mill Street and Sawyer Street units. Members and Ms. Provo discussed how the units with families and more turnover tend to have more property damage issues. Members discussed the housing programs that HOME funds could be used to support. Ms. Ross explained the 15% setaside for local Community Housing Development Organizations (CHDOs) like DAHC. She stated that the 15% setaside must be spent on projects and any operating funds 43 Page allocated to the organization would not be included in the 15%. Ms. Ross stated that the 15% setaside based on the 2012-13 HOME funding allocation is $49,009 Mr. Weinstein pointed out that based on the funding requests, there is a $600,000 shortfall. He added that he felt the two daycare programs should be fully funded. Members continued to discuss the various applications. Ms. Ross stated that she would send out the ranking form and have those numbers available to the committee for the next meeting. Mr. Hudspeth asked the members when they were available for the next meeting. Members th agreed to meet on Monday, March 5 to develop their recommendations for presentation to City Council. The meeting was adjourned. 44 Page Community Development Advisory Committee March 5, 2012 Draft Minutes Members Present: Amber Briggle, Margaret Fiedler, Ray Jordan, Bob Gorton, Gerard Hudspeth, John Siegmund, Dorothy Watts and Ira Weinstein Staff Present: Luisa Rodriguez-Garcia and Barbara Ross CDAC chairperson Gerard Hudspeth called the meeting to order. He asked if there were any th revisions to the minutes from February 27 or a motion that the minutes be approved. Ray Jordan moved that the minutes be approved as written. Ira Weinstein seconded the motion. The minutes were approved unanimously. Members discussed the Fred Moore Day Nursery School (FMDNS) request for $304,908. The request was ranked as the top priority by committee members. It was noted by staff that currently FMDNS is the owner of the property however, if the daycare ceased to provide services, the property would revert to the DentonISD. It was noted that any lien executed by FMDNS would not be enforceable if the property reverted to the school district. Members discussed the safety issues present at the daycare. Ray Jordan suggested several of the requested improvements be funded for completion during the coming year, but that the facility expansion be delayed and possibly funded the following year. Margaret Fiedler and Dorothy Watts pointed out that the addition of a new classroom would allow the daycare to serve more families. They supported full funding for the project. Mr. Hudspeth stated that the $304,908 request was a a two-year period. Ms. Ross noted that funding allocated should be spent during the grant year. She commented that the Department of Housing & Urban Development can take funds away if he committee put $180,000 in the recommendations chart for the agency and move to the next request. He added that they could come back to FMDNS and discuss the allocation further. Denton City County Day School (DCCDS) was the listed as the second priority on the playground portion of the project and suggested that the committee recommend funding only for the interior improvements. Ms. Fiedler stated that she had spoken with staff and felt comfortable would improve the facility. It was noted that the DCCDS facility was in much better condition than FMDNS. Ms. Watts suggested that the committee take a vote for both FMDNS and DCCDS to see if the committee would support full funding for both organizations. The vote was split four to four. Mr. Hudspeth suggested putting $35,000 in the recommendations chart of DCCDS and moving to the next request. It was agreed that the committee would come back to both daycare requests after looking at the other projects/programs. John Siegmund stated that the Minor Repair Program was a much-needed program and he recommended full funding. Mr. Jordan commented that the program had assisted many 45 Page households. Members suggested putting in full funding of $148,000 for the program on the chart. Members agreed to postpone the discussion regarding the Home Improvement Program since it was the highest dollar request. It was noted that HOME funds could be used for the program. The request from the Denton Affordable Housing Corporation for operating costs of $25,000 and rental unit improvement costs of $75,000 was discussed. Ms. Ross and Ms. Garcia explained indicated that the request summary sheet had an error where it indicated that DAHC operating funds could be paid from CDBG. Members asked ab (AHOP) which is a homebuyer program had been funded in the past. The program had not been active for the past two to three years due to the economic recession and DAHC asked to re- program the funds to renovate their affordable rental units. This had delayed expenditure of the funds. Committee members discussed that the HOME funds could only be used for the DAHC rental program a requested amount of $100,000 to DAHC and the remaining HOME funds of $426,276 to the The sewer and sidewalk projects were discussed. Ms. Briggle stated that the sidewalks were a Hudspeth suggested that the committee look at where the sidewalks are on the priority listing. It was noted that the Alexander Street Sewer project had the most points as ranked by the committee. Ms. Briggle commented that the sewer projects serve a small number of households but the sidewalks serve many more residents. Members discussed the use of CDBG funds for capital improvement projects. Ms. Ross noted that since the mid- public facility improvements in low to moderate-income areas. Denton has supported many public works projects with CDBG funding. Mr. Gorton explained the history of sidewalks in the Denton community and how, in the past, housing developers were not required to construct sidewalks. Now they are. As a result, there are many older areas without sidewalks and the City would probably not be able to construct sidewalks in all those areas. The lower-income households in those areas would also not be able to afford to pay for sidewalk improvements. Members again discussed funding for the daycare facilities. Mr. Hudspeth and Mr. Jordan suggested funding amounts that were somewhat less than the funding requested. Ms. Watts pointed out that the infant care provided by FMDNS is the only affordable infant care in the area. Concerns regarding the ability of the non-profit to spend all allocated funding during the CDBG program year were voiced by some members. Ms. Fiedler asked if the new parking area would have to be torn up to build the new gymnasium they mentioned as a future project. Mr. Weinstein suggested that they look at the breakdown of the sewer projects and perhaps do only a portion of each project to have sufficient funds for the daycare improvements. 46 Page Members asked that funding for the Alexander Street Sewer line and Crescent Street Sidewalks be included in the recommendations chart. It was noted that these allocations leave approximately $36,000 in CDBG funds to be allocated. It was suggested that the remaining funding be split between DCCDS and FMDNS. If the $36,298 was split between the daycare providers, FMDNS would receive $286,759 and DCCDS would receive $72,581. Ms. Fiedler commented that if allocated in this manner, the percentage increase for DCCDS was much more than the percentage increase for FMDNS. A motion was made by Mr. Jordan to accept the budget as currently proposed. John Siegmund seconded the motion. Members discussed the possibility of taking some funding from the Minor Repair Program to fully fund the daycare improvements. Mr. Jordan stated that the FMDNS request was reduced by 6% and the DCCDS request was reduced by 20%. Mr. Hudspeth called for the vote. The proposed budget was approved by a vote of five to three. Members discussed the presentation to City Council. Ms. Ross stated that the month of April will be the 30- recommendations. Both committees will also present their recommendations to City Council in April. The meeting was adjourned. 47 Page Approved 2/9/2012 OFFICIAL MINUTES Human Service Advisory Committee Meeting - December 1, 2011, 6 p.m. City Hall East, Human Resources Conference Room, 601 E. Hickory, Denton, TX Members Present: Mary Behrens, James McDade, Teddy Griffin, Sheryl English, Sara Bagheri, David Sanchez and Lara Fronczek Members Not Present: Mary Anne McDuff, Maria Minerva Villanueva-Simental, Victoria Campbell and Mari Metzgar Staff Present: Alma Espino Call to Order: Meeting was called to order and staff welcomed members. Oath of Office: Teddy Griffin completed her Oath of Office. Approval of Minutes from May 2, 2011: Alma Espino asked if there were any changes on the minutes. Hearing none, she asked for a motion. Sara Bagheri made the motion to approve the minutes from May 2, 2011. James McDade seconded the motion. The minutes were approved as written. Chair & Vice-Chair Elections: Ms. Espino asked for nominations for chair and vice chair. Ms. Bagheri nominated Sheryl English for chair. Ms. English was elected by acclamation. Ms. English nominated David Sanchez for vice chair. Mr. Sanchez was elected by acclamation. HSAC Funding History: Alma Espino explained the funding process, provided information on the public hearings, application submission and how she tracks information and monitors the agencies. Review & Approve Application, Assessment Tool, and Hearing Format: Members discussed the Human Services Advisory Committee (HSAC) procedures, application, assessment tool, and hearing format. Ms. Espino advised the committee regarding application training for agencies planning to apply for 2012-13 Human Services funds. Applications will be made available to the agencies December 2, 2011 and would be due January 26, 2012. Staff will make the applications available to the committee via binders or via flash drive. Ms. Espino asked if there were any recommendations for revisions to the application. Ms. Bagheri asked if there could be a cost per person served. Ms. Fronczek asked about outcomes. Ms. Espino stated that agencies were required to report quarterly on beneficiary and performance which lists outcomes. Committee had no other changes to the application or assessment tool. Members approved the application, assessment and current hearing format. Application Training Dates: Thursday, December, 8, 2012, 9 a.m. Workshop session is mandatory for new organizations wishing to submit an application. Another workshop will be scheduled in January 2012. Schedule Other Meetings: Members discussed and set up four meetings for review of applications and development of recommendations for funding. The following meeting dates were selected: HSAC Application Presentations: Thursday, February 8, 2012, 6 p.m., Thursday, February 15, 2012, 12 p.m., and Thursday, February 22, 2012, 6 p.m. HSAC Funding Recommendation Meeting, Thursday, March 1, 2012, 6 p.m. 48 Page The meeting was adjourned at 7:15 p.m. 49 Page Approved 2/16/2012 OFFICIAL MINUTES Human Service Advisory Committee Meeting - February 9, 2012 City Hall East, Human Resources Conference Room, 601 E. Hickory, Denton, TX Members Present: Mary Behrens, James McDade, Teddy Griffin, Sheryl English, Sara Bagheri, David Sanchez, Lara Fronczek, Mary Anne McDuff, Maria Minerva Villanueva- Simental and Victoria Campbell Members Not Present: Mari Metzgar Staff Present: Alma Espino Call to Order: Chair Sheryl English called the meeting to order at 6:05 p.m. Approval of Minutes from December 1, 2011: Ms. English asked if there were any changes on the minutes. Hearing none, Mary Behrens made the motion to approve the minutes from December 1, 2011. James McDade seconded the motion. The minutes were approved as written. Discussion of Human Services Applications/Presentations & 2012-13 HSAC Application Evaluation: Ms. English asked if there were any questions about the application process. 2012-2013 Human Services Applicant Presentations The Salvation Army of Denton Sergeant Carol Hernandez, Corps Administrator and Brenda Jackson, Shelter and Social Services Program Coordinator introduced themselves. Sergeant Hernandez provided the History of The Salvation Army and how it started in London. She stated that the Salvation Army of Denton had various programs. The five (5) night emergency shelter, which after an assessment can be extended. If they get a job, they can transition to the 90-day transitional housing program. These clients work closely with Brenda Jackson to learn financial management and other skills needed to continue living independently. The adverse weather shelter includes a Summer Cooling Station and a Winter Warming Station and when the weather becomes dangerous. The Afternoon Program allows volunteers groups to come in and lead Life Skills Workshops. Also, the SA has an Angel Tree Program and a youth program. Funding is being requested to support the Food Pantry and K.A.R.E. Kitchen. The Salvation -perishable food items. Individuals may come once a month and are encouraged to apply for government services after the second consecutive month. K.A.R.E. Kitchen serves breakfast and dinner 365 days a year. Approximately 25-35 individuals for breakfast and 50-75 for dinner are served. It was noted that the SA is trying to reach out to obtain funding, since the agency lost two major funding sources. They are also hoping to increase their data collection with Homeless Management Information System (HMIS). Mary Anne McDuff asked them to mention the number of folks they serve and how has it gone 50 Page up. Sergeant Hernandez stated that there had been an increase just in the last three months. In unduplicated numbers, in November they served 56 persons, 617 shelter nights and over 2,213 meals. In December, they served 61 persons, 693 shelter nights and 2,204 meals. In January 2012, it continued to increase to 73 persons, 1,161 shelter nights and 2,527 meals. Note: Seconds in meals are not counted. She added that the increase has been a challenge. Barbara Ross asked what grants had been lost. Sergeant Hernandez stated that the agency had lost United Way and Emergency Shelter Grant funds. Denton Christian Preschool Judy Royal, Executive Director and Ray Jordan, Board Member and Treasurer, introduced themselves. Ms. Royal stated that she wanted to mention the differences between Denton Christian Preschool and other child care organizations. The school has field trips, due to donors, that add to the curriculum. The school has a waiting list. Other schools do not have a waiting list. The new D.I.S.D. preschool is only 50% full. Due to funding they have a program that gives $100 to previous DCP students who graduate from High School. This past year the program provided $1,200 and of the 12 graduating students, eleven students were enrolled in college. Ms. Royal added the difference can also be seen in a story of a mother and her four children. Three of the children attended Denton Christian Preschool while the youngest, due to her need to work all day, had to attend day care. Of the three that attended Denton Christian Preschool, two did very well in school; the third had learning disabilities, but did very well in her classes. The fourth child on the other hand was not interested in school and thinks it is just a place to go to and have fun. Her mother attributed this to her attending daycare and not preschool. Ray Jordan added that child care facilities, per Texas Department of Family and Protective Services rules, requires that employees be at least 18 years of age, have a high school diploma or equivalent and must complete eight (8) hours of pre-service training. At Denton Christian Preschool, we require degreed teachers in early childhood development or other similar degree. Mr. Jordan stated that the school also provides services to kids that have conditions that may impede the learning process. This can include an eye exam, dental checkup with fluoride treatment, hearing, medical checkup and testing for learning disabilities. When it comes to English as a Second Language, children that attend the school leave the school with the ability to communicate. Also, the school offers classes to the parents. He noted that tonight, parents are Agriculture. They are also hoping to have a homecoming to invite graduates of tech school. Ms. English asked why Denton Christian Preschool has a waiting list when DISD pre-schools are only is ½ full. Mr. Jordon stated that there were probably various reasons that included tuition and transportation. The D.I.S.D. school does not have transportation. The Denton Christian Preschool has a lot of history, lots of inquiries, word of mouth. The program also provides meal services. Ms. Royal added that other organizations also provide referrals to their schools. Ms. Ross mentioned that the kids probably love the new playground that was paid for with Recovery Act Funds. Ms. McDuff added that the school has been providing services for 41 years in Denton and Judith Royal has been with the school since the 1980s. The school has good quality, commitment and great volunteers. 51 Page Mr. Jordan added that they are talking with D.I.S.D. to assist them in filling up the school. Family Health Care Patrice Capan introduced herself as Executive Director of Family Health Care. She is also a nurse practitioner. Besides the obstetrics/gynecology services offered, the clinic sees patients with other health issues, from eyes, dental, feet, breast mass, hypertension to diabetes. Clients are asked to pay what they can. This clinic provides much needed prenatal care. She noted that otherwise, the medical community will be responsible for managing late pregnancy care, which can be costly and detrimental to both the mother and the baby. Ms. Capan added that due to the prenatal care, their patients have a better percentage of low birth weight babies - 3.8%. This percentage is much lower than the 10.1% for the State of Texas. Mary Ann McDuff asked about the ethnicity numbers. Ms. Capan answered that their staff was bilingual. She added that their clinic saw various races. For examples, middle eastern students from the universities. Health Services of North Texas Food Pantry & Health Clinic Susan Stambaugh, Director of Clinical Services, and Roman Herrington, introduced themselves. Ms. Stambaugh stated that the City of Denton funds are one of the backbones of the agency. The position for two years. The agency has again applied for federal designation as a qualified health center. support is the ability of the clinic to offer diagnostic services and prescriptions. The position works to get clients on with programs provided by the drug companies to receive their prescriptions for free. They are currently seeing 300 persons and each person can have up to 9 prescriptions. There are applications that need to be completed for this service. Funds for these reduced prices are available. The importance of a diagnosis can assist in getting a client in to see a specialty doctor (ex. cardiologist). HSNT has grown substantially. Patients seen have increased from 400 to 500 people. The clinic is now doing more outreach. The clinic also takes insurance and Medicaid, which some doctors will not. Ms. Stambaugh extended an invitation to come and see the clinic. Ms. Stambaugh stated that is was a goal to add a mid level Pediatric PA or a nurse practitioner. Though the biggest increase will probably be the elderly, due to that fact that very few doctors are taking Medicaid or Medicare, HSNT is looking at the possible growing needs like for doctors that take Medicaid. There are only three doctors taking new patients with Medicaid and Medicare. The clinic also works with Family Health Care. Ms. Ross asked if Health Services was working with Alice Masciarelli and the new clinic. Ms. Stambaugh replied that HSNT is working with Denton Serves. She added that there are enough people needing services in the community that there could be ten clinics. Ms. Stambaugh added that they are also working taking referrals from hospitals. When a hospital releases a patient, and the patient returns, the clinic does not get paid. HOPE, Inc. - Transitional Housing Program & Homeless Management Information system (HMIS) Barbara Atkins, Executive Director and Carl Seiler, Project Coordinator of HOPE, Inc. introduced themselves. Ms. Atkins stated that there are about 600,000 families and 1.3 million 52 Page children homeless on a single night and funds continue to decrease. Due to new regulations and a new definition of homeless, HOPE has worked hard to adapt programs to comply. The program continues assisting families with children and female head of households. It is important to keep being competitive to keep the program going. The HMIS is assisting with providing the data showing the homeless numbers in the community. There is a growth in the number of homeless families with children. Ms. McDuff asked what agencies participate in the HMIS system. Mr. Seiler stated that any agency that serves low/moderate income persons, not necessarily homeless, could participate, if the HMIS system could afford to financially support it. Our Daily Bread is collecting data on a daily basis. HOPE, Inc., Salvation Army, MHMR and Health Services of North Texas and Christian Community Action also participate in the HMIS system. Two other agencies have expressed interest. Victoria Campbell asked who the two agencies were. Mr. Seiler answered that it was Solutions of North Texas and Vision Ministries. Ms. Atkins stated that there is a move to more statistical data and having the HMIS in Denton County has been beneficial. It allows the county to remain competitive and control and data. ler stated that he went from social scientist, to computers to academics, to business and then to nonprofits. Ms. Atkins stated thanks to the Community Development staff and their initiative. Court Appointed Special Advocates (CASA) Sherri Gideon, Executive Director introduced herself. Ms. Gideon stated that she had been the director for twelve years. The application shows that the program served slightly less clients, but after a visit from Texas CASA, they were required to tighten up their percentage of volunteers serving children. This has increased and is being met. Ms. Gideon mentioned their strategic funding goals. The purchase of a building and they are working to build a maintenance fund. Why fund CASA? The agency is a good investment in the care of children. The agency has 20 years of service in Denton and is a well run organization. Sara Bagheri asked how the agency recruits. Ms. Gideon stated that they utilize state and national advertising. Free if possible. Word of mouth and presentations are also made in the communities. Dr. Phil has adopted CASA nationally and this has really helped the organization. Lara Fronczek mentioned that there had been good story on the news recently. Ms. Gideon stated that she did have a good story. She had a family who had two foster children. The family was able to adopt the older. The younger child had a young mother who worked hard to get her child back. The foster family was very supportive. The mother was provided with support and classes on what she needed to be a good mom. After a few months, the young mother made a decision to give up the child for adoption. She knew she was too young to be a good mom. She still has some contact with the child. Ms. McDuff mentioned that Ms. Gideon was an amazing speaker for groups. Ms. Gideon mentioned that next week CASA was having an event in Dallas to recruit African American volunteers. Texas CASA is working on recruiting Hispanics and African Americans. Mr. McDade asked what the qualifications were to become a volunteer, so that this information could be shared. Ms. Gideon stated that qualifications include being 21 years of age, heart for 53 Page kids, and ability to learn. No special skills required. The volunteer is trained and paired up with CASA staff. Adjourn The meeting was adjourned at 7:45 p.m. 54 Page Approved 2/23/2012 OFFICIAL MINUTES Human Service Advisory Committee Meeting - February 16, 2012 Civic Center Conference Room, 321 E. McKinney, Denton, TX Members Present: Mary Behrens, James McDade, Teddy Griffin, Sheryl English, Sara Bagheri, David Sanchez, Lara Fronczek, Maria Minerva Villanueva-Simental and Victoria Campbell Members Not Present: Mari Metzgar and Mary Anne McDuff Staff Present: Alma Espino Call to Order: Chair Sheryl English called the meeting to order at 12:01 p.m. Approval of Minutes from February 9, 2012 Ms. English asked if there were any changes on the minutes. Hearing none, James McDade made a motion to approve the minutes from February 9, 2012. Teddy Griffin seconded the motion. The minutes were approved as written. Discussion of Human Services Applications/Presentations & 2012-13 HSAC Application Evaluation Ms. English asked if there were any questions about the application process. 2012-2013 Human Services Applicant Presentations Denton City County Day School Eddie Garcia, Executive Director and Jana Marshall, Board Member introduced themselves. Mr. Garcia stated that Denton City County Day School has provided child care services to low to moderate income households for the last 58 years. The school currently has 93 children and 60 families on the waiting list. The waiting list is not due to the school offering child care on a sliding scale, but due to the fact that the school has a great history and does a great job in providing care and preparing children for kindergarten. This can be seen on the State website, with the Federal Food program and with CCCS they are a Four Star Vendor. Mr. Garcia added that the funds being requested maintain good and consistent care and this means maintaining good teachers. Ms. Marshall added the need for the children to have the same teacher and see them every day. There is low turnover of teachers and staff. Ms. English asked if the school provided services year round. Mr. Garcia stated that it did, plus they had a summer program. Ms. English asked regarding the teacher ratios. Mr. Garcia stated that all classrooms had two teachers. The ratios were as follows: for 2-3 year olds the teacher ratio is 1 to 11, for 3-4 years old it is 1 to 15, 4 year old pre-K the ratio is 1 to 18 and for 5 year old pre-K the ratio is 1 to 22. Barbara Ross asked regarding the percentage of city of Denton student. Mr. Garcia stated that there were two children that were not from the city of Denton, but their parents work in Denton. Ms. English asked regarding the waiting list. Mr. Garcia stated that he had 60 families on the waiting list and that they try to refer to other sliding scale agencies. 55 Page Lara Fronczek asked how often families are qualified for assistance. Mr. Garcia stated that they are qualified at registration and then once a year. Ms. English asked a question regarding the weekly fee and if it is discounted if the household has more than one child in the school? Mr. Garcia stated that the weekly fee is based on a sliding scale, which is dependent on family size and total family income. The fee is between $67 to $95 and no, it is not reduced for more than one child. The rate is already very inexpensive. Ms. English asked if children were required to be potty trained. Mr. Garcia stated that this was a requirement. Sara Bagheri asked what the schools general fundraisers were. Mr. Garcia answered that they had various that included letter writing, bake sale, garage sale, word of mouth from board members, and cookies fundraiser. Ms. Ross asked about the possibility of them having infant care. Mr. Garcia stated that it had been previously considered, but there were too many rules and regulations and insurance requirements. Mr. Garcia added that he welcomed visits from the committee. People are always surprised by the quality of the facility. Barbara Ross mentioned that CDBG funds had funded various additions, repairs and other items. CDBG funds are very important to organizations like DCCDS in the community. Camp Summit Carla Weiland, Chief Operating Officer and Lisa Braziel, Camp Director introduced themselves. Ms. Weiland stated how the camp had expanded to the fall season for an additional 10 weeks of camp. This saw a big increase in city of Denton residents. Ms. Braziel shared a story of a 52 camper with cerebral palsy and their first experience with a horse. She also mentioned the weekend camps and the family camp. Ms. Fronczek asked regarding repeat campers. Ms. Braziel stated that 85% are return campers. James McDade asked regarding how many campers were from the city of Denton. Ms. Braziel stated that 15 were from the city of Denton, but that in the new fall (October-December) there had been 21 campers from the city of Denton. Mr. McDade asked why there were no board members from the city of Denton. Ms. Weiland answered that the agency would like someone from Denton and if we knew of anyone. She added that the funds provided by the City are spent on city of Denton residents. Ms. Bagheri asked regarding funding from other cities. Ms. Weiland stated that she receives funds from Lewisville. Ms. Campbell asked which funding source provided more funds, private or public. Ms. Weiland replied that the private. After partnering with United Way of Dallas for years, United Way has changed their priorities and are not funding Camp Summit. City of Denton PARD Kings Kids Day Kamp Kathy Schaeffer, Leisure Services Supt. introduced herself. Ms. Schaeffer stated that the camp is offered during the summer, Monday-Friday, from 9 a.m. to 5 p.m. The summer program provides fields trips, swimming, arts and crafts, team building, volunteer presentations, camps 56 Page and other. The summer camp serves the whole community for any household that meets the program qualifications. Ms. Bagheri asked if there was a waiting list. Ms. Schaeffer stated there were 38 kids on this eight children from the waiting list were able to join the summer program. Ms. Fronczek asked regarding the at-risk situations. Ms. Schaeffer stated that there are questions asked at application. The at-risk situations can include income; most families average poverty level, single family homes, and neighborhoods. If the camp was not available, kids would stay home and would probably get into trouble. Ms. Fronczek asked how often the program had return kids. Ms. Schaefer stated return kids was about 20-30% of the time. Ms. Ross added that single females have the highest poverty rate in the county. Denton County Friends of the Family Toni Johnson-Simpson, Executive Director introduced herself. Ms. Johnson-Simpson stated that DCFOF had been a recipient of City of Denton funds for 32 years. City of Denton funds was one of the first funders when the agency started, which had a whole budget of $10,000. Now the budget is over $2 million. Funds requested will be applied to staff costs within the shelter. DCFOF continues to serve core services for city of Denton residents. Mr. McDade asked is the restore was providing financial support. Ms. Johnson-Simpson stated it does provide about $150,000 to $170,000, less expenses. Ms. Ross asked regarding the possibility of expanding the shelter. Ms. Johnson-Simpson stated that it had been expanded a few years ago. There have been requests from Lewisville, but due to high costs, regulations, this has not happened. They are currently looking a house in Lewisville as possible transitional housing. Ms. Ross asked if there was space to expand at their current location. Ms. Johnson-Simpson ate and rebuild the shelter. Day Stay for Adults, Inc. Erica Strain, Chief Operating Officer and Troy Greisen, Chief Executive Officer introduced themselves. Mr. Greisen stated the center is changing to provide services to adults with developmental disabilities. They are making changes that include changing name to Special Abilities of North Texas. Ms. Ross stated that Day Stay for Adults was original created to assist seniors and family with seniors. Mr. Greisen stated that it is still in their mission statement, but that the majority of clients (90%) have developmental disabilities. Ms. Bagheri asked how many clients did the agency serve. The agency in Corinth serves 25 and the agency in Lewisville serves 25, for a total of 50. Ms. Strain elaborated regarding the changes. Clients are over the age of 18 with developmental disability. Also, Medicare no longer covers day stay services. Ms. English asked where seniors 57 Page go. Mr. Strain stated that they still come to their agency, but are private pay. Ms. Greisen stated Ms. Fronczek asked what growth was expected. The Corinth facility allows for up to 45 clients. Ms. Bagheri asked if the agency received funding from other cities. Mr. Greisen stated that the agency does receive funding from the City of Lewisville. Ms. Ross asked if other cities like Corinth had been approached. Mr. Greisen stated that Corinth did not have funding for these types of services. Retired Senior Volunteer Program (RSVP) Diana Corona, Executive Director, and Lori Kloepper, Volunteer Services/Community Outreach introduced themselves. The request for $10,000 shows their federal sponsor, local support and can be used as match. Their level of service has not been affected by cuts, but there has been a greater need from the local nonprofit community. Ms. Kloepper stated that after the cuts from United Way, RSVP looked at capacity building and reached out to local agencies that had lost United Way funding. Ms. Fronczek asked if volunteer hours are tracked. Ms. Corona stated that they do track hours, but sometimes volunteers and staff forget to track some hours. Ms. Bagheri asked regarding matching funds. Ms. Corona stated that is for the federally sponsor and the match is 20 to 30% of funds. Mr. McDade asked if the federal sponsor pay for the volunteer hours. Ms. Corona stated that they are budgeted on actively serving volunteers. RSVP is shifting to meeting community needs or capacity building that will show impact within the community. Discussion of Human Services Applications/Presentations The committee discussed concerns regarding Denton County Friends of the Family and Day Stay for Adults. Adjourn The meeting was adjourned. 58 Page Approved 3/1/2012 OFFICIAL MINUTES Human Service Advisory Committee Meeting - February 23, 2012 Civic Center Conference Room, 321 E. McKinney, Denton, TX Members Present: James McDade, Teddy Griffin, Sheryl English, Sara Bagheri, David Sanchez, Lara Fronczek, Maria Minerva Villanueva-Simental and Victoria Campbell Members Not Present: Mari Metzgar, Mary Behrens, and Mary Anne McDuff Staff Present: Alma Espino Call to Order: Chair Sheryl English called the meeting to order at 12:01 p.m. Approval of Minutes from February 16, 2012 Ms. English asked if there were any changes on the minutes. Hearing none, James McDade made a motion to approve the minutes from February 16, 2012 as written. Maria Minerva Villanueva-Simental seconded the motion. The minutes were approved as written. Discussion of Human Services Applications/Presentations & 2012-13 HSAC Application Evaluation Ms. English asked if there were any questions about the application process. 2012-2013 Human Services Applicant Presentations Special Program for Aging Needs (SPAN) Deb Robertson, Executive Director, introduced herself. SPAN provides mobility solutions and Meals On Wheels for Denton County. Ms. Robertson stated that there was some client data that has been hard to obtain, but that they are reworking their self certification form to obtain the information. Clients that are referred by DADs and Medicaid do not supply all the data that the City of Denton requires to be reported. SPAN provides congregate meals and home delivered meals. Sometimes the home delive on the rise and continues to increase. SPAN serves Denton County. Communities in Schools of North Texas Dana Smith, CEO and Wendy Johnson, Director of Finance introduced themselves. Ms. Smith stated that the Denton ISD has seen a 5% increase in at-risk students with 35.1% of the entire district being classified as at-risk of dropping out and 41.5% of the entire district is considered economically disadvantaged, a 3% increase from last year. Meanwhile, the school district has been forced to cut $8 million due to funding cuts from the state. This is a clear indicator if the current and quickly growing need for additional resources for thousands of children in Denton. DISD is looking toward CISNT to bridge the gap in services. There are also significant cuts that include the loss of funds from a Texas Criminal Justice Division grant. It was suppose to be a 3 year grant, but they have advised CISNT that nonprofits are no longer eligible to apply. Also, after CISNT experienced a 30% funding cut from the Texas Education Agency funding during the last legislative session, programs were cut to part time at all four campuses. However, due to United Way and foundation support CISNT has been able to reinstate these programs to full time for the remainder of this fiscal year. This was an important, but temporary boost to the Denton programs. CISNT is now seeking increased support from other sources, including the City of Denton. 59 Page Lara Fronczek asked if CISNT had the number of children that would not be served due to the funds being cut. Ms. Smith stated that they would probably cut programs back to part time to retain a presence in the schools and work back to full time again. The number of students would drop from 2000 to 500 students. Pedi Place Larry S. Robins, President and CEO introduced himself. Mr. Robins provided data about City of Denton clients that was not included in the application. Of the 250 children, from the city of Denton, 76% have Medicaid, 14 % have CHIP and 10% are uninsured. The Medicaid numbers tends to remain constant and the CHIP and uninsured percentages will fluctuate by as much as 5 percentage points throughout the year. e. Of the 250 children, 55% were six and under and most of the children were under the age of three. primarily transformation. Medical records are being converted to an electronic system, which is allowing for more space, since files are no longer required. Pedi Place is expanding hours and doubling capacity. Why fund Pedi Place? Pedi Place provides extraordinary, quality and cost effective care. Pedi Place measures their success by comparing vaccination rates, based on recent audit from the State; Pedi Place had scored 100%. The State average is 78%. Pedi Place consistently exceeds targets. The request for funds from the City of Denton of $10,000 will translate into $75,000 in services to clients and help to provide more services to kids. Ms. Campbell asked if they had received any cuts from organization, like United Way. Mr. Robins stated that they had received an increase of funds from United Way of Dallas due to their change in goals. City of Lewisville has remained stable and Denton County funds have been decreasing. Previously Pedi Place had not done well in fund development, but this has changed in the last four years. Ms. Campbell asked how long is Dr. William Smith had been with Pedi Place. Mr. Robins stated that he had been with Pedi Place for seven years as a doctor and five to six years as their medical director. Ms. Fronczek asked how many families are unable to pay. Mr. Robins stated that Pedi Place writes off about $30,000 to $50,000 due to uncompensated medical care. Ms. Campbell asked if there were currently any board members from the city of Denton. Mr. Robins stated that there were currently no members. Ms. Fronczek stated that Pedi Place was very well respected by Christian Community Action in Lewisville. Fred Moore Day Nursery School, Inc. Wendy McGee, Executive Director and Elizabeth Ferris, Board Member introduced themselves. Ms. McGee stated how Ms. Ferris had been so important to Fred Moore Day Nursery School. Ms. Ferris is a retired elementary school teacher, which has provided support in the curriculum, a fundraiser who raised $9,000 in the gospel lunch, and recruiter of other board members. Ms. McGee stated the importance of the City of Denton funds and of the school within the community. The school provides a quality education program that studies have shown beneficial results and allowed the students to help meet their full potential. Cost is based on a sliding scale. The need for outside funds is necessary, because tuition only covers a 1/3 of the expenses. 60 Page list till recently. The school is now full and is the only income based sliding scale school for children under the age of two in Denton county. Ms. McGee added that Fred Moore is currently utilizing City of Denton CDBG funds to improve the facility and add a classroom for children under the age of two. This will provide room for fifteen (15) extra kids. Sara Bagheri asked that due to the extra curriculum was the Denton I.S.D. providing funds. Ms. McGee stated that they had approached the foundation, but because they were not in the Denton I.S.D. they were not eligible for the funds. 2012-13 HSAC Application Evaluation Alma Espino asked that evaluations forms be turned in by noon, next Tuesday. Adjourn The meeting was adjourned at 7 p.m. 61 Page UNOFFICIAL MINUTES Human Service Advisory Committee Meeting - March 1, 2011 City Hall East, 2nd Floor Conference Room, 601 E. Hickory, Denton, TX Members Present: James McDade, Teddy Griffin, Sheryl English, Sara Bagheri, David Sanchez, Victoria Campbell, Mary Behrens, and Mary Anne McDuff Members Not Present: Mari Metzgar, Maria Minerva Villanueva-Simental and Lara Fronczek Staff Present: Alma Espino and Barbara Ross Call to Order: Chair Sheryl English called the meeting to order at 6 p.m. Approval of Minutes from February 23, 2012 Ms. English asked if there were any changes on the minutes. Hearing none, James McDade made a motion to approve the minutes from February 23, 2012 as written. Teddy Griffin seconded the motion. The minutes were approved as written. Results of Individual Recommendation Sheets Alma Espino p included an average allocation amount. The average was determined by totaling the individual recommendations, per agency, and dividing by ten (10) members. The total amount equaled $257,220. Ms. Espino announced that extra funds might be available and asked Barbara Ross to explain. (social) service agencies that provide various forms of assistance to local residents. Due to funding reductions from various sources, local agencies are requesting increased funding from the City of Denton. An increase in the human services general fund budget cap would provide additional support to local agencies. Staff presented the potential increase to City Council through and informal staff report. This will increase the budget from $112,797 to approximately $170,000 in FY 2012-13. Both CDBG and general funds are subject to final approval by City Council. Mary Ann McDuff stated that she would have preferred to have this information, prior to making decisions. She added that due to the better economy, she would recommend that that level of funding provided by the City be increased to the level provided years ago. She added that support for federal CDBG was also needed to assist the community. Members agreed to review the list of requesting agencies, to discuss the amount of funding and make a final recommendation. Camp Summit Camp Summit was discusse amount of $2,000. Court Appointed Special Advocates (CASA) CASA was discussed. Several members stated that they would like to see an increase. Members agreed to recommend funding the agency with $10,000. 62 Page City of Denton PARD Kings Kids Day Kamp Summer Playground Program Members discussed the Kings Kids Day Kamp summer playground program. Sara Bagheri stated that she loved this program and that it had a lot of bang for the buck. She added that these Ms. Ross stated that this program was started with CDBG and had continued to receive funding. Members agreed to fund the agency with $15,000. Communities In Schools Communities In Schools was discussed. Ms. McDuff stated that she had recommended an increase in 2011-12 due to cuts in funding they had received, but was recommending moving funding back to $5,000 to find funds for Salvation Several members recommend leaving the amount at the average of $7,870. Information was clarified, about the number of schools they provide services at. They currently serve 11 schools, but only four are served full time. Members agreed to recommend to fund at $8,000. Day Stay for Adults Day Stay for Adults was discussed. Several members noted concerns over the change in their mission. Victoria Campbell stated that the agency was changing their mission due to funding constraints. She recommended increasing the average amount. Ms. Espino stated that Day Stay for Adults still had the mission to provide day care services. Ms. Campbell added that there have been financial issues due to a drop of cliental for various reasons that included Denton County Transportation Authority refusing to drop off at the Corinth facility. Several members stated that they did not believe that it was a priority. Members discussed the needs and services offered. Ms. Campbell stated that the organization does have a nurse on staff to handle medical needs. She added that this service was needed and could prolong life. Ms. McDuff stated that the change in mission to attract alternative clientele reminds her of AIDS Services of North Texas and their move to Health Services of North Texas to expand their clientele. Members agreed to recommend funding at $5,100. Denton Christian Preschool Denton Christian Preschool was discussed. Ms. McDuff stated that Denton Christian Preschool had the best presentation of all the agencies. Members discussed and agreed to recommend to fund at $22,500. Denton City County Day School Members discussed Denton City County Day School. Members agreed to recommend funding at $30,000. Denton County Friends of Family (DCFOF) DCFOF was discussed. Several members expressed concern regarding possible expansion affecting location of the shelter. Ms. McDuff stated that there is a need for this shelter for women and children. Mr. McDade stated that he had spoken with the executive director; Toni Johnson and she had stated that the possible expansion plan was two to three years in the future. Members agreed to recommend to fund at $25,000. Family Health Care Family Health Care was discussed. Members agreed to recommend to fund at $19,000. 63 Page Fred Moore Nursery School Members discussed Fred Moore Nursery School. The daycare is the only daycare providing infant care on a sliding scale. Members agreed, due to the need, to recommend funding of $30,000. Health Services of North Texas Health Services of North Texas was discussed. Members agreed to recommend funding at $26,519. HOPE, Inc. - Transitional Housing Members discussed HOPE, Inc. Members agreed to recommend funding at $24,000. HOPE, Inc. - Homeless Management information System HOPE, Inc. - HMIS was discussed. Members agreed to recommend funding the agency at $18,000. PediPlace confusing and the presenter kept changing the subject he was presenting on. Ms. Campbell clarified some the items mentioned by PediPlace. Ms. Ross asked if anyone knew if the new clinic in Denton would be offering care for children. It was noted, that the clinic had not yet opened. Members agreed to fund at $4,480. Retired Senior Volunteer Program (RSVP) Members discussed RSVP. Members agreed to recommend to fund at $10,000. Special Programs for Aging Needs (SPAN) SPAN was discussed. Members agreed to recommend to fund at $21,000. Salvation Army of Denton Salvation Army of Denton request was discussed by members. Mr. McDade stated that this was a needed service and wanted to provide them extra funds. Members agreed to recommend to fund at $20,000. Approval: Funding Recommendations of $297,119. Alma Espino stated that amounts for CDBG and General Funds are subject to approval by City Council. Presentation of 2012-2013 Human Services funding recommendations at Council work session should be in early April. Committee will be informed of the time and place. Ms. Espino would be recommended to be funded through CDBG. A decision was made to approve the funding and meet again if changes were requested. James McDade made a motion to approve the funding recommendations and Sara Bagheri seconded the motion. The members approved the funding recommendations. The meeting was adjourned. 64 Page APPENDIX #1 - #3 SF424 Applications 65 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 Submitted Applicant Identifier Type of Submission 756000514 Date Received by state State Identifier Application Pre-application Date Received by HUD Federal Identifier Construction Construction Non Construction Non Construction Applicant Information JurisdictionCITY OF DENTONUOG Code Street Address Line 1 601 E. HICKORY, SUITE B Organizational DUNS 07-138-0190 Street Address Line 2 Organizational Unit City DENTON State TEXAS Department PLANNING & DEVELOPMENT ZIP 76201 Country U.S.A. Division COMMUNITY DEVELOPMENT Employer Identification Number (EIN): County DENTON 75-6000514 Program Year Start Date (MM/DD) 08/01/11 Applicant Type: Specify Other Type if necessary: Local Government: Township Specify Other Type U.S. Department of Housing and Urban Development Program Funding Catalogue of Federal Domestic Assistance Numbers; Descriptive Tiby Project(s) (cities, Counties, localities etc.); Estimated Fundin Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles: Description of Areas Affected by CDBG Project(s) Housing rehabilitation, minor repair, public facility Denton, Texas improvements, provision of public services, homeownership assistance, and program administration. CDBG Grant Amount Additional HUD Grant(s) Leveraged Describe $847,464 $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) $10,000 Total Funds Leveraged for CDBG-based Project(s) 66 Page Home Investment Partnerships Program 14.239 HOME HOME Project Titles: housing rehabilitation, assistance to Description of Areas Affected by HOME Project(s) CHDO for acquisition, rehab and homeownership Denton, Texas assistance, tenant based rental assistance and program administration $HOME Grant Amount $Additional HUD Grant(s) Leveraged Describe $327,218 $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) $60,000 Total Funds Leveraged for HOME-based Project(s) Housing Opportunities for People with AIDS 14.241 HOPWA HOPWA Project Titles Description of Areas Affected by HOPWA Project(s) $HOPWA 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 HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG 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 state EO 12372 process for review on DATE explaining the situation. No Program is not covered by EO 12372 Yes No N/A Program has not been selected by the state for review Person to be contacted regarding this application First Name Barbara Middle Initial L. Last Name Ross Title CD Administrator Phone (940) 349-7235 Fax (940) 349-7753 eMail bross@cityofdenton.com Grantee Website www.cityofdenton.com Other Contact Signature of Authorized Representative George C. Campbell, City Manager Date Signed 67 Page APPENDIX #4 Certifications 68 Page LOCAL GOVERNMENT CERTIFICATIONS FOR CDBG AND HOME PROGRAMS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. 69 Page Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: 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; 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 It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date George C. Campbell Name City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number 70 Page Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2012 , (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 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. 71 Page Excessive Force -- It has adopted and is enforcing: 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 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; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Date George C. Campbell Name City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number 72 Page Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date George C. Campbell Name City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number 73 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 By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 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. 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. 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). 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 601 E. Hickory, Denton Denton TX 76205 Department Suite B 74 Page Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must be 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 George C. Campbell Name City Manager Title 215 E. McKinney Street Address Denton, Texas 76201 City/State/Zip (349) 349-8307 Telephone Number 75 Page APPENDIX #5 Annual Housing Goals 76 Page Annual Housing Completion Goals (Table 3B) Grantee Name: Expected Annual Actual Annual Resources used during the period Number of Units Number of Units Program Year: To Be Completed Completed CDBG HOME ESG HOPWA BENEFICIARY GOALS (Sec. 215 Only) Homeless households Non-homeless households 71 Special needs households 11 Total Sec. 215 Beneficiaries* 82 RENTAL GOALS (Sec. 215 Only) Acquisition of existing units Production of new units Rehabilitation of existing units 11 Rental Assistance Total Sec. 215 Affordable Rental 11 HOME OWNER GOALS (Sec. 215 Only) Acquisition of existing units Production of new units Rehabilitation of existing units 46 Homebuyer Assistance 25 Total Sec. 215 Affordable Owner 71 COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only) Acquisition of existing units Production of new units Rehabilitation of existing units 57 Rental Assistance Homebuyer Assistance 25 Combined Total Sec. 215 Goals* 82 OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housing) Annual Rental Housing Goal 11 Annual Owner Housing Goal 71 Total Overall Housing Goal 82 77 Page AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Elton Brock 349-7133 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program agreement with the City of Grapevine, Texas under Section 271.102 of the Local Government Code, to authorize participation in various City of Grapevine contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4949-Interlocal Agreement with City of Grapevine). FILE INFORMATION Section 271.102 of the Local Government Code, authorizes respective participating governments to enter into joint contracts and agreements for the purchase of necessary materials, supplies, and services. Over the past several years, the City of Denton and other entities have entered into cooperative purchasing agreements that have been highly beneficial to the taxpayers through anticipated savings. The Agreement attached to the ordinance is an authorization to participate in contracts awarded by the City of Grapevine and will remain in effect until terminated by either party. This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and services competitively bid by the City of Grapevine. In the past, we have purchased such items as police sedans, tires, corrugated metal pipe, lubricants, oils, road materials, and other supplies from similar agreements. The bid process followed by the City of Grapevine meets all State bidding requirements. RECOMMENDATION Approve the Interlocal Agreement between the City of Denton and the City of Grapevine. PRINCIPAL PLACE OF BUSINESS City of Grapevine Grapevine, Texas Agenda Information sheet May 1, 2012 Page 2 ESTIMATED SCHEDULE OF PROJECT This Agreement will become effective upon approval by the City of Grapevine. The Agreement is scheduled to be considered by the City of Grapevine at their May 15, 2012 Council meeting. The Interlocal Agreement will remain in effect until terminated by either party. FISCAL INFORMATION Each acquisition, based on this Agreement, will follow the City of Denton fiscal verification policy and be charged to the appropriate budget account. Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4949 ORDINANCE NO. ___________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF GRAPEVINE, TEXAS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE PARTICIPATION IN VARIOUS CITY OF GRAPEVINE CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 4949-INTERLOCAL AGREEMENT WITH CITY OF GRAPEVINE). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the City of Grapevine under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the File 4949 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2012 ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 2-ORD-Interlocal Agreement With Grapevine \\CODAD\Departments\Finance\Agenda Item Shared\Agenda Item Shared\2012 Agenda Folders\May 2012\May 1 - 2012\4C - 4949 Grapevine Interlocal Agreement\3-AGR-File 4949.doc INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF GRAPEVINE, TEXAS AND CITY OF DENTON, TEXAS STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made on the ________ day of _______________, 2012, between the City of Denton, and the City of Grapevine; jointly referred to herein as WHEREAS, the respective parties are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies; WHEREAS, it is the desire of the aforesaid parties to comply with and further the policies and purpose of the Interlocal Cooperation Act; WHEREAS, the parties cannot normally obtain the best possible purchase price for materials and supplies acting individually and without cooperation; and WHEREAS, it is deemed in the best interest of all parties that said governments do enter into a mutually satisfactory agreement for the purchase of certain materials and supplies; WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation Act, promise and agree as follows: I. Purpose The purpose of this Agreement is to authorize the parties mutual participation in various contracts for the purchase of various goods and services. Participation in this cooperative program will be highly beneficial to the taxpayers of the participating parties through anticipated savings to be realized. II. Duration of Agreement This Agreement shall be in effect from the date of execution until terminated by either party to the agreement. III. Relationship of Parties It is agreed that the parties, in receiving products and/or services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in which they are acquired. Neither party is an agent, employee or joint enterprise of the other, and each party is responsible for its own actions, forbearance, negligence and deeds, and for those of its agents or employees, in conjunction with the utilization and/or cooperative solicitation of any Supplier Agreement obtained in accordance with Texas law. Parties shall notify all participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses, and shall keep participating parties informed of all changes to the Cooperative Purchasing list of contracts. Nothing in this agreement shall prevent any participating party from accepting and awarding bids for commodities subject to this agreement individually and in its own behalf. Purchasing Agent is hereby designated as the official representative to act for the City of Denton in all matters relating to this agreement. Purchasing Agent is hereby designated as the official representative to act for City of Grapevine in all matters relating to this agreement. IV. Purchase of Goods and Services All products and services shall be procured in accordance with procedures governing competitive bids and competitive proposals. The parties will be able to purchase from those contracts established by the other where notice has been given in the specifications and successful bidder has accepted terms for Cooperative Purchasing Agreements for local governments. The parties hereto agree that the ordering of products and services through this agreement shall be their individual responsibility and that the successful bidder or bidders shall bill each party directly, or as deemed advantageous to both parties. The parties agree to pay successful bidders or anticipating governments directly for all products or services received from current revenues available for such purchase. Each party shall be liable to the successful bidder only for products and services ordered by and received by it, and shall not by the execution of this agreement assume any additional liability. Parties do not warrant and are not responsible for the quality or delivery of products or services from successful bidder. The participating parties shall receive all warranties provided by successful bidder for the products or services purchased. In the event that any dispute arises between individual parties and a successful body and the bidder. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers thereon the day and the year first above written. CITY OF GRAPEVINE CITY OF DENTON _______________________________ ____________________________ By: Bruno Rumbelow By: George Campbell City Manager City Manager AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tim Fisher at 349-7190 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Six to the contract between the City of Denton and Landmark Structures I, L.P.; providing for the expenditure of funds therefor; and providing an effective date (Bid 4207- Roselawn Elevated Storage Tank Change Order Number Six in the amount of ($60,000) for a total contract award of $5,136,302). The Public Utilities Board recommends approval (6-0). CHANGE ORDER INFORMATION Change Order Number Six is for a reduction in the contract amount based upon quality control issues that arose during the construction phase of this project. A complete description of the issues contributing to the negotiated change order is included in the attached Public Utilities Board Agenda Information Sheet (Exhibit 1). Change Order Number Six modifies the contract by extending the final completion date 221 days and extending the warranty period an additional five years as specified in Section B3 of the change order document (Exhibit 2). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 13, 2009, Council awarded a contract to Landmark Structures I, L.P. in the amount of $5,146,000 (Ordinance 2009-020). On April 23, 2012, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Approve Change Order Number Six in the negative amount of ($60,000). Change Orders One through Five totaling $50,302 were within the approval authority of staff and previously applied to the contract bringing the total to $5,196,302. Change Order Six will now reduce the total contract award amount to $5,136,302. PRINCIPAL PLACE OF BUSINESS Landmark Structures I, L.P. Fort Worth, TX Agenda Information Sheet May 1, 2012 Page 2 ESTIMATED SCHEDULE OF PROJECT Per Change Order Six, the estimated completion date is May 1, 2012. FISCAL INFORMATION The change order will reduce the amount encumbered against project account number 630157515.1360.40100 by $60,000. EXHIBITS Exhibit 1: Public Utilities Board Agenda Information Sheet Without Exhibits Exhibit 2: Change Order Six Exhibit 3: Public Utilities Board Draft Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-Bid 4207 Change Order 6 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM #1 AGENDA INFORMATION SHEET AGENDA DATE: April 23, 2012 DEPARTMENT: Utility Administration UTILITIES ACM: Howard Martin, Utilities, 349-8232 ______________________________________________________________________________ SUBJECT Consider a recommendation of an approval of Change Order #6 to Landmark Structures, I.L.P., for modifications to the interior painting system for the Roselawn Elevated Storage Tank for a negotiated contract reduction in cost of $ 60,000 and an extension to the interior painting system warrantee from two years to seven years. BACKGROUND The original design of the Roselawn Elevated Storage Tank was completed and released for bids in December of 2008. The low bidder was Landmark Structures, I.L.P., and they were awarded the contract after PUB and City Council approved the contract award in January of 2009. The project has had two construction delays related to quality control issues that arose during the construction phase. The first issue related to weld quality control issues in the cone section of the tank bowl, the second one related to the interior paint system application for the tank bowl. The weld defects showed up on the x-ray tests and related to slag inclusions and other discontinuities within the multiple pass welds on the thicker steel plates on the cone section of the tank bowl. This resulted in a no cost change order (C.O. # 3) that included a third party engineering assessment of the weld defects, a negotiated repair plan to correct the deficiencies, an extension of the warrantee period for the welds in this section of the tank bowl, and an adjustment to the contract time period to complete the project. The second issue related to application workmanship by the painting subcontractor in the installation of the second coat of the interior tank bowl coating system. The specified coating system was a high build, high solids, single coat epoxy system that required specialized application equipment and applicator experience. The painting subcontractor over applied this coating system in the bulk of the interior tank bowl but also had some areas with deficient coverage. To correct this quality control issue, several items needed to be address including certification approvals, a negotiated repair plan for addressing deficiencies in the coating system, an extension of the warrantee period and a cost reduction based upon an estimate of the additional future cost to remove the extra thick epoxy coating when the tank interior paint system would be replaced. These items were incorporated into a negotiated change order (C.O. # 6) that AIS PUB Agenda Item #1 April 23, 2012 Page 2 of 3 included the $ 60,000 reduction in contract price and an extension to the contract time to complete the project. The previous change orders for the project were for a cost amount that did not require city Council Approval and were administratively executed. Change Order #6 includes a negotiated cost reduction of $ 60,000 and any change orders greater than $ 50,000 (increase or decrease) requires City Council approval. OPTIONS 1.Approve the Change Order # 6 with Landmark Structures I.L.P., for acceptance of the interior painting system, at a reduced cost of $60,000 with an extension of the warrantee period from two years to seven years. This would be a negotiated settlement change order. 2.Reject the proposal and renegotiate the terms and price. RECOMMENDATION Staff recommends approval of Change Order #6, with the negotiated reduction in contract price and extension of the warrantee period. The contractor has verified that the interior painting system will satisfy NSF 61 certification requirements and has agreed to compensate the city for the estimated future costs to remove the extra coating system thickness when the interior painting system is removed and replaced in the future for routine maintenance. The contractor has also provided an additional five years to the existing contract required two year warrantee period to remove any risks to the city related to unforeseen premature costing system failure. Rejection of the interior painting system is not in the best interests of the city or the contractor and would likely result in a contractor claim for damages. ESTIMATED SCHEDULE OF PROJECT The elevated storage tank should be operational prior to the early summer of 2012. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMM.) PUB: January 12, 2009 - Consider Approval of the Bid Award to Landmark Structures, I.L.P., for Bid No. 4207 - Construction of the Roselawn Elevated Storage Tank, for the Total Amount of $ 5,146,000. City Council: January 13, 2009 - Consider Approval of the Bid Award to Landmark Structures, I.L.P., for Bid No. 4207 - Construction of the Roselawn Elevated Storage Tank, for the Total Amount of $ 5,146,000. AIS PUB Agenda Item #1 April 23, 2012 Page 3 of 3 DATE SCHEDULED FOR COUNCIL APPROVAL May 1, 2012 FISCAL INFORMATION The proposed Change Order # 6 reduces the contract amount by $ 60,000. The final contract amount after all change orders is $ 5,136,302. Details of the terms and conditions of this change order and a detailed summary of previously approved change included in the change order document. EXHIBITS 1.Location Map 2.Change Order #6 Respectfully submitted: Jim Coulter Director of Water/Wastewater Utilities Prepared by: Tim Fisher, P.E. Assistant Director of Water Utilities Exhibit 2 Attachment 3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 April 23, 2012 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, April 23, 2012 at 9:02 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Phil Gallivan, Leonard Herring, John Baines, and 11 Barbara Russell, and Randy Robinson (appeared after vote on Items 2-4) 12 13 Absent Excused: Billy Cheek 14 15 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities 16 17 OPEN MEETING 18 19 CONSENT AGENDA 20 21 22 Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his 23 designee, to implement each item in accordance with the staff recommendations. The Public 24 25 opportunity to raise questions regarding these items prior to consideration. 26 27 Listed below are bids, purchase orders or other matters to be brought before the Public Utilities 28 Board to be considered and approved for payment or other action under Consent Agenda Items 1 29 through 4. Detailed information is attached to each Consent Agenda item. This listing is 30 provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw 31 an item prior to approval of the Consent Agenda. If the item is pulled from consideration for 32 separate discussion, prior to its consideration, such item will be considered as the first item(s) 33 34 The remaining Consent Agenda Items will be approved with one motion, a second, and by a 35 majority vote of the Public Utilities Board Members who are present. 36 37 1) Consider a recommendation of an approval of Change Order #6 to Landmark Structures, 38 I.L.P., for modifications to the interior painting system for the Roselawn Elevated Storage 39 Tank for a negotiated contract reduction in cost of $60,000 and an extension to the interior 40 painting system warranty from two years to seven years. 41 Item 1 pulled for individual consideration and discussion by Chairperson Smith. 42 43 44 2) Consider a recommendation of an approval of the engineering services preliminary 45 design proposal from CDM Smith on expanding the production of biogas at the Pecan Creek 46 Water Reclamation Plant anaerobic digesters for use in electricity generation for plant use for 47 $41,910. Draft Minutes of the Public Utilities Board Meeting April 23, 2012 Page 2 of 5 1 2 3) Consider a recommendation of an approval of the purchase of two dry pit submersible 3 pumps for the Raw Sewage Pump Station Number 2 at the Pecan Creek Water Reclamation 4 Plant from DXP Enterprises for the amount of $115,000. 5 6 4) Consider a recommendation of an approval of the engineering services proposal from 7 Freese & Nichols, Inc for the survey, architectural and structural design, geotechnical 8 investigations, landscaping, and professional services during bidding and construction of the 9 Pecan Creek Water Reclamation Plant Operations Building for the amount of $192,057. 10 Motion to approve Items 2, 3, and 4 by Board Member Smith with a second from Board 11 Member Russell. Vote 6-0. 12 13 ITEMS FOR INDIVIDUAL CONSIDERATION: 14 15 16 1)Consider a recommendation of an approval of Change Order #6 to Landmark Structures, 17 I.L.P., for modifications to the interior painting system for the Roselawn Elevated 18 Storage Tank for a negotiated contract reduction in cost of $60,000 and an extension to 19 the interior painting system warranty from two years to seven years. 20 21 Chairperson Smith notes that poor weld issues and interior paint are significant issues. Fisher 22 replies that they are. Smith asked if that was a reflection of Landmark Structures; if it reflects 23 their quality of work. Fisher replied 24 system and are the preferred contractor in this area. They disclosed other projects with similar 25 weld- issues but that based on his judgment 1 time in 50 with quality issues. Fisher 26 commented that taking a conservative position and rejecting it could have created a 1.5 million 27 dollar dispute; and that they relied on a third-party expert, Steven Meyer, who worked for CB&I 28 for close to 30 years, and was the chair of the AWW Committee that established the standard, t 29 make certain recommendations that were incorporated into the repair plan. 30 Smith inquired about the paint. Fisher explained that the final coat of point on the interior had a 31 zinc-rich primer in it, as used on other projects. The consultant specified an epoxy was 100 32 percent solids and required special expertise, and the temperatures were quite high while 33 installing and it was over-applied and unevenly applied. Technical issues involved NSF 34 certification verified due to large tank since earlier tests were done on smaller tanks with a 35 limited thickness. The bigger debate was, is thicker better? They indicated that it would be a 36 better system but oneed repainting cycles on a tank with 37 that coating system after 20 years, and having a higher thickness would create a higher potential 38 cost to remove it. 39 Smith asked if Fisher would use Landmark Structure again. Fisher replied, yes, despite the 40 disap 41 better company. On the weld issue, one of the problems was that they experimented with 42 productivity, so they were p work itself in 43 alignment with quality control. Most are former employees of that company right now, and he 44 45 Draft Minutes of the Public Utilities Board Meeting April 23, 2012 Page 3 of 5 1 Fisher said one of the things that presented a challenge was that this company was the low bid on 2 the last two tanks, and he has another large tank that is queued up and he 3 hostile relationship with a premier supplier. It was definitely a disappointment that we had to 4 deal with quality control issues. 5 Smith asked if they had been in business a long time. Fisher replied, not as along as CD&I but in 6 business building composite tanks longer; they developed the system. It was a family business 7 out of Canada. He was involved in negotiations because I knew one of the brothers - the father 8 had set it up and there were three sons, and I knew one of the three sons from when they were 9 marketing that product, probably back in the early 90s when they were trying to get into the 10 United States market. 11 Gallivan comments that the warranty goes for seven years, and does Fisher have any problem 12 with them being around in another seven years. Fisher replied that the 13 Regarding the tank paint ix- 14 person company out of Ohio but he insisted that we deal with only their company. 15 Board Member Smith moves approval of Item 1; Board Member Gallivan seconds. 16 17 VOTE 6-0. 18 19 Board Member Robinson now present. 20 21 22 5) Consider recommending approval of the Public Utilities Board Meeting minutes of: 23 a. April 9, 2012. 24 25 Board Member Robinson commented that when the motion that was made for Items 4 26 that the board was approving those, and 27 felt silly since he seconded the motion. He believed they were making a recommendation that 28 the information should be taken to city council with no recommendation from the board. 29 Board Member Howard Martin responds that they did take this forward as a recommendation 30 and they did approve this at the last council meeting. He suggests Paul come back and talk about 31 it, though he thought that Paul would get with him individually but can come back to the board 32 and oward said 33 forward. Robinson responded that he 34 thought it was one of thing where no action was recommended; we just recommended that more 35 information be brought to the council, so that they can make the decision 36 a misunderstanding on our part then. We can move to bring this back as an issue and discuss it a 37 little bit more. Robinson states, w. 38 Board Member Smith: I think there were sufficient questions about the true market value of 39 those lots, and the question was to go back and talk to the appraiser. Howard responds that they 40 had done that. Smith comments that it would be worthwhile to have Paul come back before we 41 talk about another piece of property. Martin concurs. 42 No changes or revisions to the minutes. Approved. 43 44 45 46 Draft Minutes of the Public Utilities Board Meeting April 23, 2012 Page 4 of 5 1 6) ACM Update: 2 3 a)Staff Report to Mayor and City Council re: Lake Lewisville Water Treatment Plant 4 Construction Activities Report #8. 5 6 7) Receive a report, hold a discussion, and give staff direction regarding the development of 7 a Local Preference Purchasing Policy. 8 9 8) Discussion of the Matrix representing items for discussion for future Public Utilities 10 Board meetings. 11 12 9) Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the 13 Public Utilities Board or the public with specific factual information or recitation of policy, 14 or accept a proposal to place the matter on the agenda for an upcoming meeting. 15 AND 16 Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of 17 community interest regarding which no action will be taken, to include: expressions of 18 thanks, congratulations, or condolence; information regarding holiday schedules; an honorary 19 or salutary recognition of a public official, public employee, or other citizen; a reminder 20 about an upcoming event organized or sponsored by an entity other than the governing body 21 that was attended or is scheduled to be attended by a member of the governing body or an 22 official or employee of the municipality; or an announcement involving an imminent threat 23 to the public health and safety of people in the municipality that has arisen after the posting 24 of the agenda. 25 26 1)Official Action, if necessary, on Closed Meeting item(s) under §551.071-551.088 of the 27 Texas Government Code, as amended. 28 29 2)Adjournment. 30 31 32 33 CERTIFICATE 34 35 36 I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the 37 City of Denton, Texas, on the 23rd of April, 2012 . 38 39 40 ______________________________________ 41 CITY SECRETARY 42 43 44 45 NOTE: The Service Center Training Room, City of Denton Service Center is handicap-accessible in accordance 46 with the Americans with Disabilities Act. The City will provide sign language interpreters for the hearing impaired 47 Draft Minutes of the Public Utilities Board Meeting April 23, 2012 Page 5 of 5 1 349-8309 or use telecommunications devices for the deaf (TDD) by calling 1-800-RELAY-TX so that a sign 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Adjournment at 9:48 a.m. ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER SIX TO THE CONTRACT BETWEEN THE CITY OF DENTON AND LANDMARK STRUCTURES I, L.P.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4207-ROSELAWN ELEVATED STORAGE TANK CHANGE ORDER NUMBER SIX IN THE AMOUNT OF ($60,000) FOR A TOTAL CONTRACT AWARD OF $5,136,302). WHEREAS, on January 13, 2009 by Ordinance No. 2009-020, the City awarded a public works contract to Landmark Structures I, L.P., in the amount of $5,146,000 for the construction of the Roselawn Elevated Storage Tank and Change Orders One through Five totaling $50,302 have been previously approved; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and a decrease in the payment amount, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order No. Six, decreasing the amount of the professional services agreement between the City and Landmark Structures I, L.P., which is on file in the office of the Purchasing Agent, in the negative amount of Sixty Thousand and 00/100 -($60,000.00) Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase order amount decreases to $5,136,302. SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 4207 to the City Manager of the City of Denton, Texas, or his designee. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Emerson Vorel at 349-7460 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a two year contract for Calcium Hypochlorite Feeders and Products for the City of Denton Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4915-Two Year Contract for Calcium Hypochlorite Feeders and Products awarded to the lowest responsible bidder meeting specification, Sunbelt Pools, Inc. in the annual estimated amount of $65,000 for a two year estimated expenditure of $130,000). BID INFORMATION This solicitation is to install Pulsar chlorine feeders at the City of Denton Water Works Park, Natatorium, and Civic Center pool which also includes delivery of Pulsar chlorine tablets in 50 pound buckets at a cost of $1.59/ pound. RECOMMENDATION Staff recommends awarding to the lowest responsible bidder meeting specification, Sunbelt Pools, Inc., as shown on the attached bid tabulation (Exhibit 1). Invitation for bids (IFB) were advertised in the local newspaper in accordance with Local Government Code 252.041 and sent to six area vendors on March 13, 2012. Firms located in Denton were included, but no local responses were received. PRINCIPAL PLACE OF BUSINESS Sunbelt Pools, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT The chlorine tablets will be ordered and delivered on an as needed basis. Staff recommends awarding an initial two year contract with options to renew for three additional one year periods to ensure continuity of the supply source and stability of pricing. Agenda Information Sheet May 1, 2012 Page 2 FISCAL INFORMATION Funding for the chlorine tablets will be provided by the account numbers listed for each facility: Water Works Park 207002.6334, Natatorium 207001.6334, Civic Center 401160.6334. Purchase orders will be issued as needed. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-Bid 4915 Exhibit 1 Bid # 4915 Date: 3/27/12 Two Contract for Calcium Hypochlorite Feeders & Products Est. NO.Annual UOMDESCRIPTIONVendorVendorVendor Qty. Sunbelt Knorr Systems Aqua-Rec Pools Inc.Inc. Principle Place of Business: Dallas, TX Dallas, TXAzle, TX Calcium Hypochlorite $42,930.00 127,000Lbs.$56,160.00$52,650.00 Tablets/Briquettes 50# Pail Unit Price/Ext $1.59 $2.08 $1.95 Price Yearly Rental for 2Equipment - Civic Center No charge$123/$1,476No charge Pool Yearly Rental for No charge 3Equipment-Natatorium $56.25/$2,151No Charge Pools Yearly Rental for 4Equipment-Water Works No charge$56.25/$2,826No charge Pools Shipment can be made in ___ 2 Days 3 Days2 Days days from receipt of order ORDINANCE NO. __________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO YEAR CONTRACT FOR CALCIUM HYPOCHLORITE FEEDERS AND PRODUCTS FOR THE CITY OF DENTON PARKS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4915-TWO YEAR CONTRACT FOR CALCIUM HYPOCHLORITE FEEDERS AND PRODUCTS AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, SUNBELT POOLS, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $65,000 FOR A TWO YEAR ESTIMATED EXPENDITURE OF $130,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 4915 Sunbelt Pools, Inc. 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. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 4915 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 4915 Exhibit A Bid # 4915 Date: 3/27/12 Two Contract for Calcium Hypochlorite Feeders & Products Est. NO.Annual UOMDESCRIPTIONVendor Qty. Sunbelt Pools Principle Place of Business: Dallas, TX Calcium Hypochlorite $42,930.00 127,000Lbs. Tablets/Briquettes 50# Pail Unit Price/Ext $1.59 Price Yearly Rental for 2Equipment - Civic Center No Charge Pool Yearly Rental for No Charge 3Equipment-Natatorium Pools Yearly Rental for 4Equipment-Water Works No Charge Pools Shipment can be made in ___ 2 Days days from receipt of order AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.03 acre tract; (II) a utility and slope easement encumbering a 0.02 acre tract; and (III) a temporary construction, grading and access easement encumbering a 182 square foot tract, all tracts located in the O.S. Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached hereto and made a part hereof, located generally in the 1800 Block of South Bonnie Brae Street (the “Property Interests”), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to James B. Harrell, Jr. (the “Owner”) to purchase the Property Interests for the purchase price of Seven Thousand 00 Six Hundred Sixty Seven Dollars and No Cents ( $7,667.), and other consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached hereto and made a part hereof as Exhibit “B”; authorizing the expenditure of funds therefore; and providing an effective. (Bonnie Brae Widening and Improvements project) BACKGROUND In accord with the current Bonnie Brae Widening and Improvements project initiative, staff is undertaking the identification of the additional land rights necessary to accommodate the construction and operation of the improved roadway. Integra Realty Resources has been engaged to provide real estate appraisal services in regard to those identified tracts that will be directly impacted by the project. In respect to the tract owned by Mr. James B. Harrell, the project requires the acquisition of a Fee Tract for street purposes and a Utility and Slope easement to accommodate the relocation of utilities and provide lateral support slope for the makeup of roadway itself. In addition, a Temporary Construction, Grading and Access Easement is required to provide work space for the road contractor to reconstruct the property owner’s driveway that is affected by changes to roadway elevation and alignment. Integra Realty Resources has provided a real estate appraisal report in regard to Mr. Harrell’s property tract and the land rights necessary for the Project. Their findings constitute the present offer to purchase. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action or review regarding the identified fee tract and easement tracts affecting Mr. Harrell’s property. FISCAL INFORMATION The overall Bonnie Brae Widening and Improvements project is being funded with a combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase 00 offer price of $7,667. plus closing costs as prescribed in the Agreement are to be funded through a combination of these funding sources. BID INFORMATION Not applicable EXHIBITS 1.Location Map Respectfully submitted, 2.Ordinance Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.08 acre tract; (II) a utility and drainage easement encumbering a 0.04 acre tract; and (III) a drainage easement encumbering a 0.27 acre tract, all situated in the O.S. Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached hereto and made a part hereof, located generally in the 2200 Block of South Bonnie Brae Street (the “Property Interests”), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Agnes H. Rogers and Jean M.G. Tunnell, formerly known as Jean M. Goodson (collectively the “Owner”) to purchase the Property Interests for the purchase 00 price of Three Thousand Nine Hundred Seventeen Dollars and No Cents ( $3,917.), and other consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached hereto and made a part hereof as Exhibit “B”; authorizing the expenditure of funds therefore; and providing an effective. (Bonnie Brae Widening and Improvements project) BACKGROUND In accord with the current Bonnie Brae Widening and Improvements project initiative, staff is undertaking the identification of the additional land rights necessary to accommodate the construction and operation of the improved roadway. Integra Realty Resources has been engaged to provide real estate appraisal services in regard to those identified tracts that will be directly impacted by the project. In respect to the tract owned by Ms. Rogers and Ms. Tunnell, the project requires the acquisition of a Fee Tract for street purposes, a Utility and Slope easement to accommodate the relocation of utilities and provide lateral support slope for the makeup of roadway itself, and a Drainage easement to provide space for end treatment construction and future maintenance regarding the upsized concrete drainage boxes traversing Bonnie Brae at this location. Integra Realty Resources has provided a real estate appraisal report in regard to Ms Rogers and Ms. Tunnell’s property tract and the land rights necessary for the Project. Their findings constitute the present offer to purchase. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action or review regarding the identified fee tract and easement tracts affecting property owned by Ms. Rogers and Ms. Tunnell. FISCAL INFORMATION The overall Bonnie Brae Widening and Improvements project is being funded with a combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase 00 offer price of $3,917. plus closing costs as prescribed in the Agreement are to be funded through a combination of these funding sources. BID INFORMATION Not applicable EXHIBITS 1.Location Map Respectfully submitted, 2.Ordinance Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 7.36 acre tract; (II) a slope easement encumbering 0.33 acres; (III) a drainage easement encumbering a 1.35 acres; and (IV) a temporary construction, grading and access easement encumbering 0.03 acres, all lands located in Denton County, Texas, and situated in the James Edmonson Survey, Abstract Number 400, as more particularly described on Exhibit “A”, attached hereto and made a part hereof, located generally in the 3100 Block of South Bonnie Brae Street (the “Property Interests”), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Jack Arlyn Parkes and wife, Betty Parkes (collectively the “Owner”) to purchase the Property Interests for the purchase price of Two Hundred Fifty Five Thousand One 00 Hundred Sixteen Dollars and No Cents ( $255,116.), and other consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached hereto and made a part hereof as Exhibit “B”; authorizing the expenditure of funds therefore; and providing an effective. (Bonnie Brae Widening and Improvements project) BACKGROUND In accord with the current Bonnie Brae Widening and Improvements project initiative, staff is undertaking the identification of the additional land rights necessary to accommodate the construction and operation of the improved roadway. Integra Realty Resources has been engaged to provide real estate appraisal services in regard to those identified tracts that will be directly impacted by the project. In respect to the tract owned by Mr. and Mrs. Parkes, the project requires the acquisition of several discrete tracts. A Fee Tract for street purposes, and several other distinct easement types to provide for drainage, and to provide lateral support slope for the makeup of roadway itself. In addition, a Temporary Construction, Grading and Access Easement is required to provide work space for the road contractor to reconstruct the property owner’s driveways that are affected by changes to roadway elevation and alignment. Integra Realty Resources has provided a real estate appraisal report in regard to Mr. and Mrs. Parkes’ property tract and the land rights necessary for the Project. Their findings constitute the present offer to purchase. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action or review regarding the identified fee tract and easement tracts affecting property owned by Mr. and Mrs. Parkes. FISCAL INFORMATION The overall Bonnie Brae Widening and Improvements project is being funded with a combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase 00 offer price of $255,116. plus closing costs as prescribed in the Agreement are to be funded through a combination of these funding sources. BID INFORMATION Not applicable EXHIBITS 1.Location Map Respectfully submitted, 2.Ordinance Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 34.92 acre tract situated in the James Edmonson Survey, Abstract No. 400 and the S. Pritchett Survey, Abstract No. 1004; and (II) a drainage easement encumbering a 0.42 acre tract situated in the James Edmonson Survey, Abstract No. 400, all tracts located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit “A”, attached hereto and made a part hereof, located generally in the 3400 Block of South Bonnie Brae Street (the “Property Interests”), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to the Marvin Henderson Estate Trust (the “Owner”) to purchase the Property Interests for the purchase price of Three Hundred Fourteen Thousand Eight Hundred Sixty Nine Dollars and No 00 Cents ( $314,869.), and other consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached hereto and made a part hereof as Exhibit “B”; authorizing the expenditure of funds therefore; and providing an effective. (Bonnie Brae Widening and Improvements project) BACKGROUND In accord with the current Bonnie Brae Widening and Improvements project initiative, staff is undertaking the identification of the additional land rights necessary to accommodate the construction and operation of the improved roadway. Integra Realty Resources has been engaged to provide real estate appraisal services in regard to those identified tracts that will be directly impacted by the project. In respect to the tract owned by the Marvin Henderson Estate Trust, the project requires the acquisition of a Fee Tract for street and drainage purposes and a Drainage easement to provide space for reshaping and maintaining the area upstream of the existing road bridge abutment at the proposed drainage easement location. Integra Realty Resources has provided a real estate appraisal report in regard to the Marvin Henderson Estate Trust’s property tract and the land rights necessary for the Project. Their findings constitute the present offer to purchase. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action or review regarding the identified fee tract and easement tract affecting property owned by the Marvin Henderson Estate Trust. FISCAL INFORMATION The overall Bonnie Brae Widening and Improvements project is being funded with a combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP ‘08) funds and City of Denton local match funds. The purchase 00 offer price of $314,869. plus closing costs as prescribed in the Agreement are to be funded through a combination of these funding sources. BID INFORMATION Not applicable EXHIBITS 1.Location Map Respectfully submitted, 2.Ordinance Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2012 DEPARTMENT: Water Utilities/ Water Production ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving an agreed order in the pending enforcement action concerning the City of Denton, Texas, in docket number 2012-0092- MLM-E before the Texas Commission on Environmental Quality respecting the alleged unauthorized discharge of sodium hydroxide near the Lake Ray Roberts water treatment plant; authorizing the mayor to execute said agreed order on behalf of the city; authorizing the city manager and the city attorney to act on the city’s behalf in executing any and all other documents and to take other actions necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date. BACKGROUND Late last summer, the Lake Ray Roberts Water Treatment Plant experienced a chemical spill onto the grounds of the plant while staff was performing maintenance on a chemical tank. The material that was spilled was a strong caustic solution. The Texas Commission on Environmental Quality (TCEQ) has been involved with this spill. Cleanup of the impacted area has been accomplished under TCEQ procedures and protocols. At no time was the City’s drinking water at risk from the spill. There were no off-site environmental consequences. The City of Denton has completed the spill cleanup and is working to finalize their clean-up report to the TCEQ. As a result of this incident, the TCEQ has notified the City of Denton of two alleged violations: unauthorized discharge under the Texas Water Code Section 26.121 and failure to report discharges to the TCEQ within 24 hours under 30 TAC Chapter 327.3(b). The TCEQ Enforcement Division has proposed to the City an Agreed Order in settlement of this enforcement action. The Agreed Order has specific terms and conditions that the City must agree to. Staff has previously briefed both the Public Utilities Board and the Denton City Council on these matters in Closed Meetings. These matters are set forth in the Agreed Order. The TCEQ considers this Agreed Order to be an expedited administrative process in order to settle the matter, and to avoid turning the matter over to their Litigation Division for further processing. This proposed Agreed Order settling the matter needs to be signed by the Mayor, and includes the City’s payment of an administrative penalty that is currently under review by the TCEQ, in order to correct some minor errors in the original draft which the City has brought to the TCEQ’s attention. 1 It is expected that the revised Agreed Order, when provided by TCEQ to the City, will reduce the administrative penalty slightly, but in no event will the proposed administrative penalty be greater than $14,040. We would request that the Denton City Council approve the authorization to sign the revised Agreed Order upon its receipt from the TCEQ. The revised Agreed Order will be substantially the same as the one presented to the PUB and Denton City Council in Closed Meeting. Staff has been directed by both bodies to proceed forward with the settlement process, with the execution of the Agreed Order and the payment of the administrative penalty. In order to comply with the TCEQ’s sixty-(60) day deadline, the Denton City Council needs to approve this authorization at its May 1, 2012 City Council Meeting. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Utilities Board was briefed in Closed Meeting on April 9, 2012. City Council was briefed in Closed Meeting on April 17, 2012. OPTIONS 1.Authorize the Mayor to sign the proposed Agreed Order. 2.Deny authorization and defend future expected litigation with the TCEQ. RECOMMENDATIONS Staff recommends Option 1. If the City fails to accept the proposed Agreed Order and respond th to the TCEQ by May 14, the TCEQ will turn the matter over to its Litigation Division. EXHIBITS 1.Ordinance 2.Original “Agreed Order” received from the TCEQ dated March 16, 2012 Respectfully submitted, Jim Coulter Director of Water Utilities Tim Fisher Assistant Director of Water Utilities 2 ORDINANCE NO. 2012-_______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREED ORDER IN THE PENDING ENFORCEMENT ACTION CONCERNING THE CITY OF DENTON, TEXAS, IN DOCKET NUMBER 2012-0092-MLM-E BEFORE THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RESPECTING THE ALLEGED UNAUTHORIZED DISCHARGE OF SODIUM HYDROXIDE NEAR THE LAKE RAY ROBERTS WATER TREATMENT PLANT; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREED ORDER ON BEHALF OF THE CITY; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY’S BEHALF IN EXECUTING ANY AND ALL OTHER DOCUMENTS AND TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the Agreed Order settling the pending enforcement action at the Texas Commission on Environmental Quality concerning alleged violations committed by the City of Denton, Texas, in Docket Number 2012-0092-MLM-E, substantially in the form of the attached Agreed Order, which violations are in dispute and said Agreed Order shall in no way constitute an admission of any violation as alleged by the Texas Commission on Environmental Quality. SECTION 2. The Mayor is hereby authorized to act on the City’s behalf in approving and executing and delivering the Agreed Order. SECTION 3. The City Manager and the City Attorney are hereby authorized to execute any and all other documents, and to take other actions as are necessary to finalize the settlement of this matter. SECTION 4. The City Manager, or his designee is hereby authorized to expend funds in accordance with, and in full payment of the agreed amount of the administrative penalty specified in the attached Agreed Order. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _____ day of May, 2012. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: _______________________________ AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2012 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of a resolution of the City of Denton, Texas, approving a City Local Preference and declaring an effective date. BACKGROUND In 2010, the City updated its Purchasing and Payment Procedures Manual, which contained procedures for applying local preference on certain purchases. The procedures complied with the Texas Local Government Code (Chapter 271) provisions in effect at that time. The existing procedures are applicable to competitively bid contracts of less than $100,000 and provide a local preference if 1) the local bidder is within five percent (5%) of low bidder, and 2) the local bidder offers the best combination of price and economic development opportunities. In 2011, an internal purchasing stakeholders group was created to review, revise, and improve the . The working group was comprised of staff members from almost every area of the City organization (Engineering, Electric, Water/Wastewater, Solid Waste, Parks, Fire, Fleet, Streets, Legal, Technology Services, Facilities Management, Utilities Administration, Purchasing and Finance). While the group has not yet finished their work, the stakeholders have met several times and significant progress has been made on updating the Of particular note, the group developed a policy to encourage local preference in our purchasing process. This policy has been developed in response to amendments to the Texas Local nd Government Code (LGC Chapter 271.905 and 271.9051) that were approved in 2011 by the 82 Legislature of the State of Texas. Below are key elements of the Local Preference Purchasing Policy: 1.Provisions in LGC 271.905 and 271.9051 apply to competitive bids only. These are specifically identified as Lowest Responsible Bids and Best Value Bids. a.Lowest Responsible Bids Price is the single determinant factor when awarding a bid to a responsible bidder. In this case, the following criteria will apply: Agenda Information Sheet May 1, 2012 Page 2 i.A five percent (5%) price differential will apply to construction bids less than $100,000 and all other bids, including services, less than $500,000. Excludes telecommunication and information services. ii.A three percent (3%) price differential will apply to bids, excluding construction and services, greater than $500,000. The chart below is a summary of the criteria for Lowest Responsible Bids: LGC 271.9051 LGC 271.905 5% price differential 3% price differential Construction bids less than $100,000 All other bids, excludes construction and services, greater than $500,000 All other bids, including services, less than $500,000 b.Best Value Bids Price is only one of a number of determining factors that are weighted for evaluation purposes. As a result, an additional weighted factor will be added to all such bids for bidders meeting local preference criteria. The appropriate weight, either 5% or 3%, will be consistent with the criteria outlined above. 2.Implementation of Local Bidder Preference Consideration Application a.A new and complete application must be submitted with each competitive bid by the due date. b.This application serves to ensure the qualification of a bidder as a local bidder and find, in writing, that a bidder is a local bidder. The application also removes any subjectivity on the part of staff in attempting to make this determination. 3.Bidders seeking local preference must meet all specifications and minimum requirements contained in the bid documents. 4.This policy does not apply to purchases obtained through a Request for Qualifications (Professional Services), Requests for Proposals or bids involving Federal funds, in whole or part. Agenda Information Sheet May 1, 2012 Page 3 5.Regarding purchases through Cooperative Programs and Interlocal Agreements, staff will periodically complete a pricing comparison of select purchases to verify that the best price is being obtained. In accordance with the statutory provisions, it is important to point out that the City may award a competitively bid contract to the lowest responsible bidder, local bidder or reject all bids. As such, staff will continue to make appropriate award recommendations to the City Manager or City Council with necessary justifications. While the staff working group helped develop the recommendation preference purchasing procedures, the group is also actively working on additional updates to the presented to the Audit/Finance Committee in the near future. RECOMMENDATION Staff recommends approval of the Local Preference Purchasing Policy. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 12, 2010, the City Council gave staff direction in a work session to proceed with updates t On February 14, 2012, the Audit/Finance Committee unanimously recommended that the proposed Local Preference Purchasing Policy be submitted to the City Council for consideration. On April 2, 2012, the City Council gave staff direction in a work session to bring forward a resolution to formally approve the proposed Local Preference Purchasing Policy. On April 23, 2012, the Public Utility Board received a presentation on the proposed Local Preference Purchasing Policy and gave staff direction to proceed. No formal action was taken. Respectfully submitted: Bryan Langley CFO and Director of Strategic Services Prepared by: Antonio Puente, Jr. Assistant Director of Finance CITY OF DENTON LOCAL PREFERENCE PURCHASING POLICY Purpose: The purpose of this policy is to comply with Sections 271.905 and 271.9051 of the Texas Local Government Code allowing for “Consideration of Location of Bidder’s Principal Place of Business” in the award of competitively bid contracts. Procedure: I.Scope a.This policy applies to the purchase of real property, personal property that is not affixed to real property, or services (including construction services) through a Competitive Bid. i.Lowest Responsible Bid – Price is the single determinant factor when awarding a bid to a responsible bidder. ii.Best Value Bid – Price is only one of a number of determining factors that are weighted for evaluation purposes. (Texas Local Government Code 252.043) II.Criteria a.Lowest Responsible Bids – i.A five percent (5%) price differential will apply to construction bids less than $100,000 and all other bids, including services, less than $500,000. Excludes telecommunication and information services. ii.A three percent (3%) price differential will apply to bids, excluding construction and services, greater than $500,000. The chart below is a summary of the criteria for Lowest Responsible Bids: LGC 271.9051 LGC 271.905 5% price differential 3% price differential Construction bids less than $100,000 All other bids, excludes construction and All other bids, including services, less services, greater than $500,000 than $500,000 LOCAL PREFERENCE PURCHASING POLICY (Continued) b.Best Value Bids – i.Price is only one of a number of determining factors that are weighted for evaluation purposes as provided in Texas Local Government Code 252.043. As a result, an additional weighted factor will be added to all such bids for bidders meeting local preference criteria. The appropriate weight, either 5% or 3%, will be consistent with the criteria outlined in the chart above. c.Local Bidder Preference Consideration Application (Attachment 1) – i.A new and complete application must be submitted with each competitive bid by the due date, including a Tax Certification from the Denton County Tax Assessor/Collector. ii.This application serves to ensure the qualification of a bidder as a local bidder and serves as the basis for meeting the statute’s requirement that the governing body fin, in writing, that a bidder is a local bidder. d.Bidders seeking local preference must meet all specifications and minimum requirements contained in the bid documents. III.Exceptions – a.This policy does not apply to purchases obtained through a Request for Qualifications (RFQ), Request for Proposals (RFP), bids involving Federal funds, Cooperative Programs or Interlocal Agreements. IV.Award of Contract a.The City Council may award a competitively bid contract to the lowest responsible bidder, local bidder or reject all bids. ATTACHMENT 1 Purchasing Department 901B Texas Street Denton, TX 76209 940-349-7100 940-349-7302 (f) purchasing@cityofdenton.com APPLICATION FOR LOCAL BIDDER PREFERENCE CONSIDERATION This “APPLICATION FOR LOCAL BIDDER PREFERENCE CONSIDERATION” does not mean that the City of Denton is limiting responses to their competitive bids to only those businesses located within the city limits. All bids are welcome. Bidders who wish to request a LOCAL PREFERENCE must have their principal place of business located within the City of Denton, city limits. If your principal place of business is within the Denton city limits and you wish to apply for local preference consideration, then youmust meet the minimum requirements below for each bid: a)Provide a Tax Certificate from the Denton County Tax Assessor showing the current status of taxes, penalties, interest, and any known costs due on a property; and b)Submit thecompleted application on the following page. Local Preference may be considered in the following instances: A.In purchasing any real property or personal property that is not affixed to real property, if a local government receives one or more bids from a bidder whose principal place of business is in the local government and whose bid is within three percent of the lowest bid price received by the local government from a bidder who is not a resident of the local government, the local government may enter into a contract with the bidder whose principal place of business is in the local government. (Local Government Code 271.905) B.In purchasing any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases of less than $500,000 with the bidder whose principal place of business is in the municipality. This section does not apply to the purchase of telecommunications services or information services, as defined by 47 U.S.C. Section 153. (Local Government Code 271.9051) The City of Denton reserves the right to award to the lowest bidder or reject all bids. The full text of the Local Government Code related to Purchasing and Contracting Authority of Municipalities, Counties, and certain other Governments is available at http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.271.htm#271. Detailed information related to local bidders is found in Section §271.905 and §271.9051 “CONSIDERATION OF LOCATION OF BIDDER’S PRINCIPAL PLACE OF BUSINESS.” LOCAL PREFERENCE CONSIDERATION APPLICATION For bidders whose business is located within the Denton city limits ____________________________________________________________________________________________ The City of Denton requires the following information for consideration in award of competitive bids: 1.Location Eligibility: Principal place of business is defined herein as any business which owns or leases a commercial building within the City limits and uses the building for actual business operations. Is company’s principal place of business within the City Limits of Denton, Texas? a.If yes, identify the following: i.Business Name/DBA: _______________________________________________________ ii.Address: _____________________________________________________________ iii.Business Structure: ____________________________________________________ (sole proprietorship/partnership/corporation/other) b.Name and city of residence of owner(s)/partners/corporate officers, as applicable. iv.Name/Title: __________________________________________________________ v.City of Residence: _____________________________________________________ If more than one owner/partner/corporate officer exists, attach a separate sheet of paper. 2.Economic Development benefits that would result from award of this contract: a.Total number of current employees who are residents of the City of Denton? __________ b.Will award of this contract result in the employment/retention of residents of the City of Denton? ___ Yes ___ No c.Will subcontractors with principal places of business in the City of Denton be utilized? ___ Yes ___ No d.Will award of this contract result in increased tax revenue to the City? ___ Yes ___ No e.If yes, check types of taxes? ___ Property Taxes ___ Sales Taxes ___ Hotel Occupancy Taxes f.Other economic development benefits deemed pertinent by applicant (attach separate sheet if necessary): _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ City Bid Number for which local preference is requested:______________________________ Certification of information: The undersigned does hereby affirm that the information supplied in its bid and this application are true and correct as of the date hereof, under penalty of perjury. / Company Name Date / Signature Print Name Tax Certificate from Denton County Tax Assessor is attached SAMPLE AGENDA INFORMATION SHEET AGENDA DATE: May 1, 2012 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - Z11-0025, McKinney/Mayhill Rezoning Consider adoption of an ordinance of the City of Denton, Texas, providing for an initial zoning district and use classification of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) on approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU-12 zoning district and use classification; located at the southeast corner of McKinney Street and Mayhill Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (5-1). PROPOSAL The subject property includes an approximate total of 40 acres. Approximately 10.6 acres are comprised of three (3) zoning districts; Community Mixed Use General (CM-G), Neighborhood Residential Mixed Use 12 (NRMU-12), and Neighborhood Residential 6 (NR-6). The remaining 28.1 acres are subject to the Rural District 5 (RD-5) zoning and use classification; however they are currently unzoned. The applicant, Larry Reichhart (Spring Brook Planning Group); is requesting the initial application of a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district to approximately 23.8 acres, the initial application of CM-G to approximately 4.3 acres and the rezoning of 3.5 acres from Neighborhood Residential 6 (NR-6) to NRMU-12. The 3.8 acres located at the northwestern corner of the outlined area will retain its current CM-G zoning. The remaining 3.4 acres just east of the current CM-G zoning will also retain its current NRMU- 8.1 acres of CM-G and 31.9 acres of NRMU-12. The applicant has indicated a desire to construct various commercial uses including professional offices and residential uses including single-family attached and detached dwellings at this location; however, it is important to note that if the subject property is rezoned to CM-G and NRMU-12 as requested, the property may be developed in accordance with the full use classification and general regulations associated with the two proposed zoning districts. BACKGROUND Prior to the 2002 city-wide rezoning, the northern portion of the site was zoned Agriculture (A) and the southern portion of the site was located in the Extraterritorial Jurisdiction (ETJ). The southern portion is located in an area identified as DH-11 and was annexed into the City of Denton in 2010 by Ordinance number 2010-129. It is important to note that when property is annexed into the City of Denton, the property is essentially un-zoned. However, uses, intensities of use, dimensions or lot sizes must be authorized by the RD-5 zoning district. Agenda Information Sheet May 1, 2012 Page 2 The property is currently undeveloped and is not platted. Platting will be required prior to the issuance of building permits and certificates of occupancy. The applicant did not host a neighborhood meeting. However, the applicant did send notices to property owners within 200 feet of the site, explaining the proposal with his contact information and s within 200 feet of the site regarding the notice. Staff sent twenty one (21) certified notices of the public hearing to property owners within two hundred (200) feet of the subject property and fifty eight (58) to residents and property owners within five hundred (500) feet of the property. As of this writing, staff has received two (2) notices in favor of the request from property owners within 200 feet of the site. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 8, 2012, the Planning and Zoning Commission recommended approval. On April 17, 2012 the City Council recommended approval. Subsequent to the meeting, Council Member Chris Watts received information from the owner of the property indicating that a portion of the ordinance acted upon by the City Council is contrary to the intent of the communications to the Council. The owner related that there was a misunderstanding in that the owner did not desire that the multi-family use be stricken. Accordingly, Council Member Watts asked that Ordinance No. 2012-088 be reconsidered by the City Council. OPTIONS 1.Approve as submitted. 2.Approve with conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION APPROVAL The Planning and Zoning Commission recommends of Z11-0025 (5-1). The increased intensity from RD-5 and NR-6 and the extension of the existing CM-G and NRMU-12 zoning districts has been reviewed by staff and has been determined to be appropriate APPROVAL at this location. The Development Review Committee (DRC) recommends of Z11-0025. Agenda Information Sheet May 1, 2012 Page 3 EXHIBITS 1. Agenda Information Sheet 2. Site Location/Aerial Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Future Land Use Map 6. Notification Map 7. Property Owner Responses to Notification 8. Applicant Letter of Intent 9. Applicant Notice 10. Planning & Zoning Commission Meeting Minutes (2.8.12) 11. Ordinance 12. Site Photos Prepared by: Johnna M. Matthews Senior Planner Respectfully submitted: Mark A. Cunningham, AICP, CPM Planning and Development Director EXHIBIT 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: February 8, 2012 TYPE: Rezoning CC Date: April 17, 2012 PROJECT #:Z11-0025 Project Number: Z11-0025, McKinney/Mayhill Rezoning Request: Apply an official zoning district of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) to approximately 28 acres of land and rezone approximately 3.7 acres of land from Neighborhood Residential 6 to Neighborhood Residential Mixed Use 12 (NRMU-12). Applicant: Larry Reichhart, Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 Property Bci Real Estate Ventures, Lp Owner: 525 S. Carroll Blvd., Suite 100 Denton, TX 76201 Location: The property is located at the southeast corner of McKinney Street and Mayhill Road. Size: 40 acres +/- Existing Zoning Designation(s): Community Mixed Use General (CM-G), Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential 6 (NR-6), Rural District 5 (RD-5) Proposed Zoning Designation(s): Community Mixed Use General (CM-G), Neighborhood Residential Mixed Use 12 (NRMU-12) Future Land Use: Community Mixed Use Center and Neighborhood Center Case Planner: Johnna M. Matthews DRC Recommendation: The Development Review Committee (DRC) recommends APPROVAL of Z11-0025. Summary of Analysis The subject property is currently located within four (4) zoning districts. Along the frontage of McKinney Street is Community Mixed Use General (CM-G), Neighborhood Residential Mixed Use 12 (NRMU-12) and Neighborhood Residential 6 (NR-6). The remainder is located within the Rural District 5 (RD-5) zoning district. The portion of land located within the RD-5 zoning district was annexed into the City of Denton in 2010 and was located within an area identified as DH-11. The applicant is proposing that the existing CM-G along the frontage of McKinney be extended directly south for a total of approximately 8 acres. The applicant is proposing that the remaining 31.9 acres be zoned NRMU-12. The proposed CM-G zoning district is one 1 of two (2) land use categories within the group, Community Mixed Use Centers. Land use categories (zoning districts) within the Community Mixed Use Centers group include the proposed CM-G and Community Mixed Use Employment (CME). The purpose of these land use categories is to provide the necessary shopping services, recreation, employment and institutional facilities that are required and supported by the surrounding community. The proposed NRMU-12 zoning district is 1 of seven (7) land use categories within the group, Neighborhood Residential. Land use categories within the Neighborhood Residential group include and in the following order of intensity, Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12) and Neighborhood Residential Mixed Use (NRMU). The purpose of the 7 aforementioned land use categories is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns and design standards. The “Future Land Use Designation” for the 8 acres in which the applicant is proposing is to rezone to CMG is located within a Community Mixed Use Center Future Land Use Designation. The remaining 31.9 acres in which the applicant is proposing to rezone to NRMU-12 is located within a Neighborhood Center Future Land Use Designation. The proposed zoning districts are consistent with both Future Land Use Designations and a comprehensive plan amendment will not be required. A portion of the site is located within the 2 zoning districts in which the applicant is proposing. The table below highlights only the differences in uses and general regulations of the proposed CM-G and NRMU-12 and the existing zoning districts of RD-5 and NR-6. It is important to note that the property that is currently zoned RD-5 was annexed into the City in 2010. When property is annexed into the City of Denton, the property is essentially un-zoned. However, uses, intensities of use, dimensions or lot sizes must be authorized by the RD-5 zoning district. NRMU-12 CM-G RD-5 NR-6 Residential Land Use Categories (Existing/ (Existing/ (Existing) (Existing) Proposed) Proposed) Single Family Dwellings P P PN SUP Accessory Dwelling Units P L(1) N L(1) Dwellings Above Businesses N N PP Live/Work Units P L(16) PP Duplexes N P PN Group Homes SUP N SUPN Multi-Family Dwellings N N L(4) L(6) & L(4) Manufactured Housing Developments P SUP NN NRMU-12 CM-G RD-5 NR-6 Commercial Land Use Categories (Existing/ (Existing/ (Existing) (Existing) Proposed) Proposed) Home Occupation P P PN Sale of Products Grown on Site P N NN Hotels N N NP Motel N N NP Bed and Breakfast L(10) N L(10) P Retail Sales and Service N N L(15) P Movie Theaters N N NSUP Restaurant or Private Club N N NP Drive-through Facility N N NP Professional Services and Offices N N L(14) P Quick Vehicle Servicing N N NP Vehicle Repair N N NP Auto and RV sales N N NP Laundry Facilities N N PP Equestrian Facilities P N NN Outdoor Recreation P P SUPP Indoor Recreation N N NP Major Event Entertainment N N NSUP Commercial Parking Lot N N NP Administrative or Research Facilities SUP N NP Broadcasting of Production Studio SUP N NP NRMU-12 CM-G RD-5 NR-6 Industrial Land Use Categories (Existing/ (Existing/ (Existing) (Existing) Proposed) Proposed) Printing/Publishing N N NP Bakeries N N NP Feed Lots SUP N NN Wholesale Nurseries P N NN Kennels L(14) N NN Veterinary Clinics P N NP SUPSUP SUP Gas Wells L(27) L(27) L(27) L(27) NRMU-12 CM-G RD-5 NR-6 Institutional Land Use Categories (Existing/ (Existing/ (Existing) (Existing) Proposed) Proposed) Basic Utilities P L(25) L(25) SUP Community Service N N PP Semi-public, halls, Clubs, Lodges N SUP L(15) P Business/Trade School N N NP Adult or Child Day Care P SUP PP Kindergarten, Elementary School P SUP PP Middle School N N PP High School N N NP Colleges N N NP Elderly Housing N SUP L(13) N Medical Center N N NP Mortuaries N N NP WECS (Free-standing Monopole Support L(41) SUP SUPSUP Structure) WECS (Building-mounted) L(42) SUP SUPSUP P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Limitations L(1) = Accessory dwelling units are permitted, subject to the following additional criteria 1.The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4.One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(4) = Multi-family is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of a Master Plan Development, Existing; or 4.If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005-224; or 5.If allowed by a City Council approved neighborhood (small area) plan. nd L(6) = Permitted only on 2 story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(8) = Travelers’ accommodations, are permitted, provided that The business-owner or manager shall be required to reside on the property occupied by 1. the accommodation, or adjacent property. That each accommodation unit shall have 1 off-street parking space, and the owners shall 2. have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. That only one ground or wall sign, constructed of a non-plastic material, non-interior 3. illuminated of 4 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers’ accommodation. That the number of accommodation units allowed shall be proportional to the permitted 4. density of the zone. Each traveler’s accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler’s accommodations. All traveler’s accommodations shall be within 200 feet of a collector or arterial. Street 5. designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. Excluding the business-owner’s unit and the area of the structure it will occupy, there 6. must be at least 400 sq. ft. of gross interior floor space remaining per unit. Traveler’s accommodations are limited to no more than 8 guest units. 7. L(10) = All restrictions of L(8), but limited to no more than 5 guest units L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(41) = Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP. L(42) = Building-mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades’ elevation. If the WECS does not use blades, then height is measured from the base of the WECS where is mounted on the building to the highest point of the WECS. Findings of Fact 1.The request is to apply an official zoning district of Community Mixed Use General (CM- G) to approximately 4.3 acres; apply an official zoning district to approximately 23.8 acres from RD-5 to Neighborhood Residential Mixed Use 12 (NRMU-12); and rezone approximately 3.7 acres from Neighborhood Residential 6 (NR-6) to NRMU-12. The ultimate zoning in which the applicant is proposing for the entire 40-acre site would include approximately 8.1 acres of CM-G and 31.9 acres of NRMU-12. 2.Prior to the 2002 city-wide rezoning, the northern portion of the site was zoned Agriculture (A) and the southern portion of the site was located in the Extraterritorial Jurisdiction (ETJ). 3.The southern portion is located in an area identified as DH-11 and was annexed into the City of Denton in 2010 by Ordinance number 2010-129. 4.It is important to note that when property is annexed into the City of Denton, the property is essentially un-zoned. However, uses, intensities of use, dimensions or lot sizes must be authorized by the RD-5 zoning district. 5.The site is located within two (2) Future Land Use Categories; Community Mixed Use Center and Neighborhood Center. The proposed zoning districts are compatible with the future land use designations. That said, a comprehensive plan amendment is not required. 6.According to the Denton Plan, the focus of a community activity center (Community Mixed Use Center Future Land Use Designation) contains the shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high-to moderate-density housing, and perhaps an elementary of middle school. It includes vertically integrated uses where different uses may occur on each floor of the building. 7.According to the Denton Plan, within the Neighborhood Center Future Land Use Designation, within the undeveloped urban and urbanized areas of the city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of ‘neighborhood centers.’ These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. These support uses could include service-oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood “greens” and floodplain preservation. Civic uses such as fire stations, schools, libraries and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. 8.Adjacent zoning districts include Employment Center Industrial (EC-I) and Neighborhood Residential 2 (NR-2) to the north; Rural District 5 (RD-) to the south; Community Mixed Use Employment (CM-E) to the west and Neighborhood Residential 4 (NR-4), ETJ and Neighborhood Residential 3 (NR-3) to the east. 9.The surrounding area is developed with a mix of various uses. North of the site are existing single-family homes, a religious institution, and Ryan High School. West of the site are various commercial offices and warehouse uses. East of the site is property located within the City’s extraterritorial jurisdiction (ETJ) and a single family subdivision; and south of the site is undeveloped land owned by the City of Denton. 10.The Environmentally Sensitive Area (ESA) map shows undeveloped floodplain within the limits of the subject property. Development would be subject to compliance with Section 35.17.7 of the Denton Development Code (DDC). 11.The floodplain line is required to be delineated based on topographical survey data and the base flood elevation on the FEMA map. 12.A stream buffer ESA (outside of the floodplain) extends 50 feet from the center line of the existing channel located on the east side of the property. Uses within areas designated as stream buffers are regulated by Section 35.17.8 of the DDC. 13.Any areas meeting the definition of wetlands, as defined by the US Corps of Engineers (USACE) will be subject to USACE permitting, regulation and mitigation. Areas planned for development should be assessed to determine of any jurisdictional wetlands exist. 14.Coordination with the City of Denton CIP Engineering Department is required for this development regarding the widening of Mayhill Road. 15.Coordination with TxDot is required for this development regarding the widening of McKinney Street. 16.Based on the size of the development, a TIA will be required to determine all offsite improvements and/or signal cost participation requirements. 17.Per Section 35.13.13.7 of the COD Development Code, all non-residential development are required to provide container enclosures for both solid waste and recycling storage facilities. 18.Sewer is available from an existing gravity main along Pecan Creek. Connecting to this main would involve acquiring an offsite 16’- Public Utility Easement. There is not sufficient available capacity in the existing 8-inch gravity main along Mayhill Road to serve the entire site at the most intense use associated with the proposed zoning. 19.Per Section 35.21.2.A.1 of the DDC, the existing 8-inch gravity sewer main is required to be extended within a 16-foot PUE, to the east property line of the subject site, to facilitate future service to the two un-sewered properties just east of the subject property. 20.Water is available from the existing 8-inch main along Mayhill Road. It is also available from the existing 16-inch main along McKinney Street; however only main-line taps (as opposed to service taps) would be allowed off this main. 21.The new electric service will be per DME’s Electric Service Standard available at www.dmepower.com. 22.For any residential dwellings, a Park Dedication and Development fees must be paid. This is in two sections, the first at time of Platting and the second at time of obtaining a building permit. 23.The property is currently not platted. Preliminary and final platting is required prior to the issuance of building permits and Certificates of Occupancy. 24.Ryan High School would serve the area high school students. Ryan High School is currently over capacity by 6%. Staff is unable to determine how many students the development would yield as the applicant has not indicated the number of residential structures proposed. Development Review Committee IS CONSISTENT The Development Review Committee finds that the request with the general IS CONSISTENTIS CONSISTENT character of the area, with the Denton Plan, and with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of Z11-0025. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Employment Center Industrial Employment Center Industrial (ECI) Neighborhood Residential 2 (NR-2) (EC-I) Neighborhood Residential 2 (NR-2) (Single Family) (Warehouses) (Single-family, Religious, Ryan High School) West:Subject Property East: Community Mixed Use Employment Community Mixed Use General Extraterritorial Jurisdiction (ETJ) (CM-E) (CM-G), Neighborhood Residential Neighborhood Residential 4 (NR-4) (Offices and Warehouses) Mixed Use 12 (NRMU-12), (ETJ and Single Family) Neighborhood Residential 6 (NR-6), Rural District 5 (RD-5) (Undeveloped) Southwest: South: Southeast: Community Mixed Use Employment Rural District 5 Rural District 5 (RD-5) (CM-E); Employment Center (Undeveloped) Neighborhood Residential 3 (NR-3) Industrial (EC-I) (Undeveloped and Single Family) (Undeveloped) Source: City of Denton Geographical Information System and site visit by City staff Summary of Surrounding Zoning Designations and Current Land Use Activity: The area within ¼ mile radius of the site is comprised of approximately 204 acres. Uses within a ¼ mile radius of the site include a range of uses from each land use category of the Denton Development Code. Specifically, within a ¼ mile radius, there are approximately 26 acres which are considered agricultural uses; 38 acres developed with single family uses and 11 acres developed with multi-family uses; approximately 50 acres are developed with schools; approximately 7.25 acres are developed with mobile home parks; approximately 46 acres are developed with institutional uses including parks and community service institutions and the remaining 25 acres are undeveloped. Comprehensive Plan: The proposed rezoning request does not require a comprehensive plan amendment. The underlying future land use designation for the property is Community Mixed Use Center and Neighborhood Center. According to the Denton Plan, the focus of a community activity center (Community Mixed Use Center Future Land Use Designation) contains the shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high-to moderate-density housing, and perhaps an elementary of middle school. It includes vertically integrated uses where different uses may occur on each floor of the building. According to the Denton Plan, within the Neighborhood Center Future Land Use Designation, within the undeveloped urban and urbanized areas of the city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of ‘neighborhood centers.’ These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. These support uses could include service-oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood “greens” and floodplain preservation. Civic uses such as fire stations, schools, libraries and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. Zoning Allocation: The site includes approximately 40 acres, of which 3.7 acres is currently zoned CM-G; 3.4 acres is zoned NRMU-12; 3.5 acres is zoned NR-6 and 29.4 acres is zoned RD-5. The proposed zoning at this location would include approximately 4.3 acres from RD-5 to CMG; 23.8 acres from RD-5 to NRMU-12 and 3.7 acres from NR-6 to NRMU-12. The rezoning case would obviously affect the zoning allocation of the RD-5, NR-6, NRMU-12 and CM-G zoning districts. Currently, there is approximately 425.84 acres of land within the city that is zoned RD-5. If the applicant’s proposal is approved, the RD-5 allocation within the city will decrease to 397.74 acres. The NR-6 allocation within the city will decrease from 1,318.19 acres to approximately 1,314.49 acres. The NRMU-12 zoning allocation will increase from 1,179.55 acres to 1,207.65 acres and the CM-G zoning allocation will increase from approximately 1,113.11 acres to 1,117.41 acres. Zoning Allocation Current Allocation Proposed Allocation Zoning District (acres) (acres) RD-5 425.84 397.74 (Existing) NR-6 1,318.19 1,314.49 (Existing) NRMU-12 1,179.55 1,207.65 (Existing and Proposed) CM-G 1,113.11 1,117.41 (Existing and Proposed) Nearest Elementary, Middle, and High School According to the Denton Independent School District (DISD), Ryan High School is the school that high school aged children would attend. The functional capacity for Ryan High School is approximately 2,000 students. The existing capacity is approximately 2,123 students. Ryan High School has exceeded its existing capacity by 6%. Any future residential developments will impact the schools for the area. Staff was unable to determine the project’s estimated student generation, as the applicant has not indicated the number of residential structures proposed. DISD has indicated that the school will continue to be over capacity until another high school is constructed. Name of School Approximate Distance Existing % Capacity Project’s Estimated Annual From Subject Property Student Generation Rivera Elementary 2.8 ± miles 65% TBD School Calhoun Middle 3.3 ± miles 85% TBD School Ryan High School.36 ± miles -6% TBD Name of School Approximate Distance Existing % Capacity Project’s Estimated Annual From Subject Property Student Generation Source: Denton Independent School District Nearest Fire and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMS Fire Station # 2 (3309 E. McKinney Street) 0.75 miles ± Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 40 ± acres Proposed Demand or No) Permitted Density 12 du/acre for NRMU-12 Yes Potable Water Consumption (GPM 731 Yes at peak hour) Wastewater Generation (GPM at 462 Yes peak hour) B. Available Capacity: The anticipated water demand for this development is approximately 731 GPM at peak hour. Water is currently available from the existing 8-inch main along Mayhill Road. Water is also available from the existing 16-inch main along McKinney Street. However, only main line taps (as opposed to service taps) would be allowed off the main along McKinney Street. Sewer is available from an existing gravity main along Pecan Creek. Connecting to the Pecan Creek main would involve acquiring an offsite 16-foot PUE. There is not sufficient available capacity in the existing 8-inch gravity main along Mayhill to serve the entire site at the most intense use associated with the proposed zoning. Additionally, this development would require an extension of the 8-inch gravity sewer main, within a dedicated 16-foot PUE, to the east property line of the subject site, to facilitate future service to the two un-sewered properties just east of the subject property. C. CIP Planned Improvements: The Water Master Plan calls for a new 12-inch main to be installed along Mayhill Road in this area between 2017 and 2032. Roadways/Transportation Network: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes Proposed Demand 40 ± acres or No) 12 units/AC for NRMU-12 Permitted Density Yes 16,000SF drive thru restaurants Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 40 ± acres Proposed Demand or No) for CM-G Average Annual 10,481 Yes Daily Trips (AADT) PM Peak Hour Trips 994 Yes B. Available Capacity: A TIA is required by this development upon platting to determine current available capacity of both roadways (McKinney Street and Mayhill Road) and to determine if this development is required to widen the roadways as part of this development if prior to City/TxDot project schedules. C. Roadway Conditions: McKinney Street is an asphalt roadway and is proposed to be widened by TxDot in the near future. Mayhill Road is a City-owned roadway that is classified as unimproved. D. CIP Planned Improvements: There is a planned CIP project for the widening of Mayhill Road. Environmental Conditions: The Environmentally Sensitive Area (ESA) map identifies undeveloped floodplain within the limits of the subject property. Development of the property is subject to Subchapter 35.17.7 of the Denton Development Code. Additionally, a stream buffer (outside the floodplain) extends 50 feet from the centerline of the existing channel located on the east side of the property. Uses within areas designated as stream buffers are regulated under Subchapter 35.17.8 of the DDC. No structures are allowed in areas designated as stream buffers. Electric: The electrical provider in the area is Denton Municipal Electric (DME). Exhibit 2 Site Location/Aerial Map Exhibit 3 Existing Zoning Map 3.8 acres 4.5 acres 3.6 acres 28.1 acres Exhibit 4 Proposed Zoning Map 8.1 acres 31.9 acres Exhibit 5 Future Land Use Map Exhibit 6 Notification Map Exhibit 7 Property Owner Responses to Notification Exhibit 8 Applicant Letter of Intent Exhibit 9 Applicant Notice Exhibit 10 Planning and Zoning Commission Minutes (2.8.12) Exhibit 11 Ordinance Exhibit 12 Site Photos Photos taken on the north side of McKinney Street near Carpenter Road looking south at the site. Photo taken at the southeast corner of McKinney Street and Mayhill Road looking southwest at the site. Photo taken along the south side of McKinney Street looking east along McKinney Street. Interior of the site Interior of the site