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2007-072 %(+$1$%$1$-"$%.1,2007072 7 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$2#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.201200101/10/12JR S:\Our Documents\Ordinances\07\Dawntown Incentive Prog.doc ORDINANCE NO. ZOD'/-D72 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 14, 2007, the Downtown Task Force ("DTTF") unanimously recommended creating an incentive program to promote desired development/redevelopment in the downtown area of the City of Denton; and WHEREAS, the DTTF also recommended that the City Council fund the program in an amount to be considered annually by the City Council; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the City of Denton hereby approves the Downtown Incentive Reimbursement Grant Program, attached hereto and made a part hereof. SECTION 2. The City Council will fund the Program in an amount to be considered annually. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~~ day ofd /'/ ~ , 2007. ~''~Ql," ~t~~o PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR ED A TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM Application Instructions If you have any application questions, please contact the Downtown Development office at 940.349- 7731. If you have any building or sign permif/historic preservation questions, please contact the Historic Preservation Officer at 940.349-7732. The City of Denton Downtown Development Department works to revitalize and enhance the unique character of Downtown through historic preservation and community involvement, while at the same time promoting Downtown, providing educational and technical assistance to business and property owners, and maintaining the beauty of Denton. As an economic incentive, the Ciry of Denton Downtown Development Department has designed the following incentive reimbursement grant program. PeOGRAbf DET~t[LS (please read earetallv): The Downtown Incentive Reimbursement Grant Program is set up as a single payment reimbursement to property owners per building/business, and in some situations, tenants. Reimbursement grants are available for the following types of projects: Facade Rehabilitation a. Definition: Removing slipcovers or non-historic/added facades, repointing brick or replacing mortar joints, replacing or restoring cornices, removing paint from brick, replacing windows, restoring transom windows, roof and foundation work. b. Limits: i. 50/50% matching basis with a cap of $50,000 per grant ($100,000+ total project cost) for fapade, roof and foundation work. Roof and foundation repair may constitute no more than 50% of minimum threshold amount and shall only be considered for funding if included as a portion of a lazger project. ii. 50/50% matching basis with a cap of $5,000 per grant ($10,000+ total project cost) for paint-only grants New Awnings & Signs a. Definition: Replacing, adding or repairing awnings & signs. Signs may include signboards, projecting signs and pedestrian signage (includes window sign, hanging sign and awning/canopy sign). b. Limits: i. 50/50% matching basis with a cap of $5,000 per grant ($10,000+ total project cost) for awning work ii. 50/50% matching basis with a cap of $500 per grant ($1000+ total project cost) for signage lofll Sancentive Pmgmm~DOUmtow~ Incentive Gmt Progam Appliratioadoc PROGRAMDETA[LS (continued) • Impact Fee Reimbursement a. Definition: Reimbursement for City of Denton water and wastewater impact fees b. Limits: i. 50/50% matching basis with a cap of $50,000 per grant ($100,000+ total project cost)) • Utility Upgrades a. Definition: Upgrades to water, wastewater and electrical service, includes interior upgrades as well as exterior service upgrades b. Limits: i. 50/50% matching basis with a cap of $50,000 per grant ($100,000+ total project cost) Gxarvr GUIDELINES (please read caretullv): 1. Facade rehabilitation grant funds are available for exterior work on building facades that immediately overlook public streets located in the Main Street Area as defined in the Downtown Master Plan (see attached map), as well as roof and foundation work on commercial buildings in that district. 2. Grants aze on a first-come, first-served basis until Council-allocated funds are depleted, or until the program ends, whichever comes first. 3. No grants will be awarded for work that has already been completed or for work that is covered by insurance. Incentive grant applications must be submitted before requests for building permits. 4. All grants will be awarded on a reimbursement basis once completed work has been verified by City staff as compliant with the plans proposed in the approved application. Any deviation from the approved grant project may result in the total or partial withdrawal of the grant. 5. All submitted work will be reviewed based on the Secretary of the Interior's Standards for Rehabilitation (see page 8) and the City of Denton Property Appearance Guidelines (available from the Downtown Development office). The Denton Downtown Task Force (DTTF) and the Economic Development Partnership Board (EDPB) will review submitted work and make a recommendation to the Denton City Council. Approval from the City Council must be obtained before any eligible work may begin. 6. Grant applications and awards can be made in any of the reimbursable activities listed above and may be combined for any single property or project. However, the maximum award amount available annualW per applicant is $50.000. 2of11 S:Vnantive Pmgmm~DOwnmwn Incentive Gem Program Application dw 7. An applicant is defined as an eligible property within the Denton Central Business District. A single owner of multiple properties may apply for grant funds for each property owned but may not receive more than $50,000 per property. 8. Projects will be reviewed with the following considerations in mind: • project compliance with all current building standazds, • perceived need for proposed renovations to building, historical accuracy of proposed renovations, • design quality of the proposed renovations, • compatibility of design in relation to other buildings, • project compatibility with s[reetscape objectives, • project compatibility in relation to downtown development goals at time of application, • proximity to Courthouse-on-the-Squaze. 3of11 S:Ununtive PmgmmV)ownmwn laentiw Gan[ Progam Applica[ion.EOc i ~- ` ~ '(of _ _ _, ~ -ff_ ~~iin7 (Jil G`ilt''\, tr's',~*? GRANT APPLICATION PROCESS ]. Determine e[igibi/iry: Discuss project plans with Downtown Project Coordinator and set up an appointment for free assistance in selecting paint, fabrics, color schemes and sign materials for building facade and signs through the Texas Main Street Center's Architectural Assistance Program. The Property Appearance Guidelines should be a reference guide when making any design improvements to properties in the Central Business District. The Property Appearance Guidelines are available from the Downtown Development office at 215 E. McKinney, Denton, TX 76201. 2. Fill out incentive reimbursement grant application form and sign the agreement form. All grant applications must include a scale drawing by the Texas Main Street Architect, the project architect or contractor of all the proposed grant work to be done. Color samples of all final paint selections and/or final fabric or sign material selections must be included with the application to be reviewed by the Downtown Task Force (DTTF), the Economic Development Partnership Board (EDPB) and approved /rejected by the Denton City Council. Obtain itemized written work estimates on all project work from contractors or project architects. Self-contracted work will be reimbursed for actual legitimate expenses, excluding labor. 3. Return the completed application form with all original itemized work estimates, color samples, drawings and example sign material of the proposed work to the Downtown Development office at 2 ] 5 E. McKinney no later than 5 p.m. the Monday prior to the 1 s' Wednesday of each month. 4. T7ee approval process wiU include without limitation the following: (a) All projects must meet current building standards and codes, as well as building permit requirements. (b) The DTTF meets the 2°d Wednesday of each month at 9:00 AM and all applicants are required to attend and present their grant reimbursement project to the DTTF for review and recommendation to [he EDPB. (c) The EDPB meets the 3rd Monday of each month at 11:30 AM and will review submitted applications along with the DTTF's recommendation. The EDPB will then make a recommendation to the Denton City Council for the project's approval /rejection. (d) The Denton City Council has the Snal discretion with regard to funding and reserves the right to modify or reject any project or elements of any project. (e) The Denton City Council will receive recommendations from the DTTF and EDPB. The DTTF and EDPB recommendations shall be advisory only and no recommendation shall be binding on the Denton City Council. (n The Denton City Council shall consider only Applications which have been properly and fully completed and which contain all information required in the Application or requested by any committee, board or the Denton City Council. (~ All construction bids submitted by an Applicant must be current and must be dated no earlier than ninety (90) days prior to the Application request. Bids shall be submitted on the contractor's or project architect's letterhead and shall contain the contractor' name, address, telephone number 4of11 S:Unantive PmgramV)owntovm Incemive Gvrc Pmgam Application doc of ~_. and shall itemize the bid in a manner that allows the DTTF, EDPB and Denton City Council to determine the bid components and authenticity of the bid. (h) An Applicant who submits an Application that was denied a grant by the Denton City Council shall not be eligible to re-submit a grant application for six (6) months from the date the prior Application was declined by the Denton City Council. (i) Applicants receiving approval by the Denton City Council shall commence construction described within the Application within ninety (90) days from the date the grant is awarded by the Denton City Council. All Applicants must complete the construction described in the Application within one (1) year from the date the grant is approved by the Denton City Council. If the Applicant is unable to commence construction within ninety (90) days from the date the grant is approved or complete construction within one (1) year from the date the grant is approved, the Applicant may submit a written request for an extension for the commencement date or completion date provided the extension request is made prior to the ninety (90) day or one (1) year time limit. The Denton Ciry Council shall not be obligated to allow extensions but may do so for good cause determined solely by the Denton City Council. The extensions, if granted, shall be for the term and for the conditions determined exclusively by the Denton City Council. An extension denial cannot be appealed and shall be final with the Denton City Council. (/) As a condition of this grant Application, the Applicant consents and shall allow the Downtown Development staff to request City inspections to determine that the grant, if awarded, will not be used for construction on any building that is not in compliance with the City Municipal Codes and Ordinances that are applicable to the construction contemplated in the application. (k) The Denton City Council shall have sole discretion in awarding grants. The Denton City Council shall award grants considering the grant amount requested, grant funds available, the guidelines of the grant program, condition of the building in which the grant funds will be used, economic impact, other grant requests, the type and nature of the construction, and the proposed construction results considering the grant program.. (/) No Applicant has a proprietary right to receive grant funds. The Denton City Council shall consider any Application within its discretionary authority to determine what grant amount would be in the best interest of the Grant program. The review criteria may include, but shall not be limited to, project compliance with all current building standards, perceived need for proposed renovations to building, historical accuracy of proposed renovations, design quality of the proposed renovations, the compatibility of design in relation to other buildings, project compatibility with streetscape objectives and project compatibility in relation to downtown development goals at time of application. (m) The Applicant shall be required to furnish photographs of the building's exterior, roof and foundation as part of the Application request and shall provide photographs a8er the construction is completed, as a condition of final grant reimbursement. (n) The Applicant is required to obtain all applicable Ciry permits and City approvals required for the construction if a grant is awarded. Sofll S Uncentive Pmgrem~DOwnmxm Incentive Grent Pmgnm Applica~ion.doc ~_. ~of _f (o) No Applicant, nor Applicant agent, representative or tenant shall be entitled to receive grant approval on the same property if requested within three (3) years from the date a previous grant was awarded by the Denton City Council. (p) An Applicant must attend DTTF, EDPB and Denton City Council meetings which consider the Application. Failure to attend a meeting when required shall be cause for rejection of the Application. 5. Reimbursement: When the entire grant project has been satisfactorily completed and reviewed, the applicant shall present the Downtown Development office with copies of all paid invoices, including copies of cancelled checks and/or credit card receipts, for a single payment reimbursement of the approved funding. 6of11 S:Vncemive ProgramNOwmown Ucemive Grent Program Application.doc % ~ ~\ of ~` ,_ REHABILITATION TIPS • Roof, foundation and structural items should be given priority over cosmetic improvements. • Carefully examine old buildings for termites, wood rot and general deterioration. • When repairing a building, do not cut expenses on the roof or the foundation. • Be aware of areas on the roof and at connecting walls where water does not readily drain. Flashing should be installed at intersections to prevent leakage. • Carefully locate air conditioning units to avoid water condensations on the sides of buildings. Condensing units should be supported from the masonry walls and not placed directly on the roof. • The top brick cornices that project above the roof deteriorate rapidly unless they are capped with metal, terra cotta, stone or concrete. • When mortar is missing or in poor repair, moisture will enter the walls and eventually may cause structural damage. Deteriorated mortar should be removed to a depth of at least three-fourths of an inch and replaced with new mortar that matches the old in color, texture and striking of the joint. • Do not sandblast. Chemicals and/or water can remove dirt and paint without damaging the surface of the building. • Do not paint too often; many times a building only needs mild washing. • If the building has stone or brick that has never been painted, do not create a maintenance problem by painting it. • Existing architectural details, including old wood doors, windows, ceilings, and trim work add to the character of a building and its resale value. Repair these features rather than remove them. • Wood windows are reasonable to repair, if a specialist in window repair can be found. If the windows are missing, custom-made windows can be ordered for replacement in old buildings. • Pressed metal ceiling panels are still being manufactured today with some of the same patterns installed originally. Deteriorated panels, therefore, can be replaced exactly. • Do not use aluminum siding. It can hide water penetration into the walls and accelerate deterioration. • Before rehabilitating a building fapade, take a careful look at the structural aspects of the building. Develop a design that is compatible with neighboring buildings. • Retain a sense of continuity by carrying exterior building design inside the structure. • Demand quality. 7of11 S:Vncentive ProgramUJowmtown Ince~rcive Grant Progvn Application doc ~ rfof ~`- SECRETARY OF INTERIOR'S STANDARDS FOR REHABILITATION Alt Downtown Incentive Reimbursement Grant appticatious will be reviewed by the DTTF and EDPB and approved by the Denton City Council for design appropriateness. The DTTF, EDPB and Denton City Council will maintain au awareness o[ the Staadards ojRebabllitatton as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment, or to use a property for its original intended purpose. 2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features will disqualify any building from [his program. 3. All building, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged and may disqualify any building from this program. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance may be recognized and respected. 5. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. 6. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will change or damage the historic building materials shall no[ be undertaken. 7. Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural materials, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. 8. Whenever possible, new additions or alterations to structures shall be done in such a manner that if such addition or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. New additions should be compatible to the present structure. 8of11 S:Uncenuve ProgemU)oxmtown Incentive Grant Program Applicarion.doc fof~;~ DEADLINE: Monday prior to the Ise Wednesday of each month Date Received: DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM CHECKLIST Use this form as a checklist to follow all steps needed to complete the Dowutowu Incentive Reimbursement Grant Program application to receive approvsL ^ Meet with Downtown Project Coordinator to determine eligibility and to walk through Downtown Incentive Reimbursement Grant and instructions, and to possibly set up appointment far free assistance from the Texas Main Street Center's Architectural Assistance Program. ^ Meet with the City's Historic Preservation Officer (940-349-7732) if any work may involve receiving a building or sign permit or dealing with historic preservation issues. ^ Complete the Downtown Incentive Reimbursement Grant application form and sign agreement form. Include the following required attachments: scale drawing by the Texas Main Street Architect, the project architect or contractor of all the proposed grant work to be done including signage renderings, color samples of all final paint selections and/or final fabric or sign material selections, photographs of building's exterior, roof and foundation. ^ Return completed application and agreement form with required attachments no later than Sp.m, on the Monday prior to the ls` Wednesday of the month to the Downtown Project Coordinator to be added to the next DTTF meeting agenda. ^ Attend and present Downtown Incentive Reimbursement Grant application project to DTTF and EDPB for their recommendation to the Denton City Council. ^ Receive project recommendation of proposed work listed on grant application. Get signatures and recommendation status of the chairs of the DTTF and EDPB on last page of application form. ^ Return all paperwork to Downtown Project Coordinator to be scheduled for a future Denton City Council meeting. ^ Attend Denton City Council meeting where staff will present Downtown Incentive Reimbursement Grant application project to the Denton City Council for their approval. ^ If approved, Downtown Incentive Reimbursement Grant project construction may commence. Work must commence within ninety (90) days of approval from Denton City Council and be completed within one year. ^ Upon completion of Downtown Incentive Reimbursement Grant project, furnish photographs of the building's exterior, roof and foundation; copies of all paid invoices, including copies of cancelled checks and/or credit card receipts, to receive a single payment reimbursement of the approved funding. 9of11 S Wcen[ive ProgramVbwntown Incentive Crcem Progun Appliwtion.doc ~ ~"~ ;,~of ___~ __ r.. ' DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM APPLICATION Please return completed with necessary attachments and signature to Downtown Development office, 215 E. McKinney no later than 5 p.m. on the Monday prior to the 1" Wednesday of each month. If you have any application questions, please contact the Downtown Project Coordinator at 940-349-7731. If you have any building or sign permiUhistoric preservation questions, please contact the Historic Preservation Ottcer at 940-349-7732. • Applicant • Business Name • Mailing Address • Contact Phone Email • Building Owner (ijd~erent from applicant) • HistoricaUCurrent Building Name • Physical Building Address • Tvpe of Work: (check all that apply) - Fagade Rehabilitation _ Fapade -Paint-only _ Awnings _Signage _ Impact Fee _ Utility Upgrade • Details of Planned Improvements for Downtown Incentive Reimbursement Grant (attach additional paper ijnecessary) List Contractor/Project architect Proposals and Total Amounts (please attach original proposals): 2. • TOTAL COST OF PROPOSED PROJECT: • AMOUNT OF GRANT REQUESTED (50% OF TOTAL COST ABOVE: Attach with all required color samples ojpaint, awning/canopy, sign design, etc., as well as photographs of building's exterior facade, roojand foundation. Applicant's Signature Date 10 of 11 S Unumive ProgramU)owntown Inccntive Gant Pro~am Applirationdoc ~\ Vt DOWNTOWN INCENTIVE REIMBURSEMENT GRANT AGREEMENT FORM Please return completed with necessary attachments and signature to Downtown Development office, 215 E. McKinney no later than 5 p.m. on the Monday prior to the 1°' Wednesday of each month. If you have auy application questions, please contact the Downtown Project Coordinator at 940-349-7731. If you have any building or sign permit/historic preservation questions, please contact the Historic Preservation Officer at 940-349-7732. I have met with the Downtown Project Coordinator, and I fully understand the Downtown Incentive Reimbursement Grant Procedures and Details established by [he Denton City Council I intend [o use this grant program for the aforementioned renovation projects to forward the efforts of revitalization and historic preservation of Denton's historic downtown. 1 have not received, nor will I receive insurance monies for this revitalization project. I have read the Downtown Incentive Reimbursement Grant Application Procedures including the Downtown Incentive Reimbursement Grant Details. 1 understand that if I am awarded a Downtown Incentive Reimbursement Grant by the Denton City Council, any deviation from the approved project may result in the partial or total withdrawal of the Downtown Incentive Reimbursement Grant. If I am awarded a reimbursement grant for facade, awning or sign work and the facade, sign or awning is altered for any reason within oae (1) year from construction, I may be required to reimburse the City of Denton immediately for the full amount of the Downtown Incentive Reimbursement Grant. Business/Organization Name Applicant's Signature Printed Name Date Building Owner's Signature (if different from applicant) Printed Name Date DTTFSignature (obtain signature at DTTF meeting Recommendation Date EDPB Signature (obtain signature at EDPB meeting) Recommendation Date 11 of 11 s. Wcemive Pmgram~DOwnmvm Incentive Gant Progam Applicstion.doc