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03/07/2011-CC-Agenda Packet-Work SessionAGENDA CITY COUNCIL WORKSESSION MONDAY, MARCH 7, 2011 6:00 PM 502 ELM STREET 1. Call Meeting to Order. 2. Review and Discuss NCTCOG Interlocal Marketing Agreement With Utility Service Partners Private Label, Inc., d/b/a Service Line Warranties of America ("SWLA") for a Service Line Protection Program. 3. Review and Discuss Historic Preservation District. 4. Overview of Budgef to Date. 5. Review and Discuss Ethics Policy. 6. Overview of Items on Regular Agenda. 7. Adjournment. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on the following date and time: . , gyp/ / at / / ' 00 A.m. and shall remain posted until meeting is adjourned. Tami Taber, City Sec City of Sanger, Texas This facility is wheelchair accessible and accessible par•l ing spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 45&7930 for further information. CITY OF SANGER COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Yes ® Not Applicable ® Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ❑ Not Applicable Council Meeting Date: Submitted By. March 21, 2011 Joseph D. Iliff, AICP City Manager Reviewed/Approval Initials Date ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ❑ APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ® OTHER COMMENT AND DIRECTION AGENDA CAPTION Report from Director of Development Services on work by Historic Preservation Commission FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE Flap []BUDGETED ❑NON -BUDGETED BACKGROUND/SUMMARY OF ITEM The Historic Preservation Commission (HPC) met 10 times in 2010 to develop improve policy for preserving the historic character of Sanger's historic core. This follows work in 2009 to improve the architectural standards of to Central Business District (CBD). The focus now is on the remainder of Sanger's historic core. The Zoning Ordinance was amended in 2007 to allow the City to designate historic districts and historic landmarks, but this has never been done. Those designations would require construction activities to be approved by the HPC. The Commission discussed the following issues: • The criteria listed in Section 28 for approving proposed construction is vague (Pages 6-7 of attached). Many cities reference the Secretary of the Interior's standards, a 182 page document. • The historic core does not have sizeable sub -areas of architectural continuity. Most of the area has contributing and non-contributing structures in close proximity to one another. This makes creating one or more districts with common architectural and/or historic character difficult. (See attached Exhibit of 7"' Street & Peach Street) • Many structures within the historic core do not conform to the architectural standards for new construction. This causes newer structures in the area to have a very different appearance from older structures, rather than contributing to continuity. The HPC discussed two possible approaches to regulating the built environment in the historic core. One was to require existing construction to maintain, and new construction to include, architectural features that contribute to the visual character of the area. This approach places less emphasis on the historic integrity of a structure, or historic character of a district, and more emphasis on buildings with visual appeal and interest. The other places more emphasis on maintaining the historic integrity of significant structures, either individually or within a district. A proposed alteration or demolition of a structure would be reviewed to detailed criteria designed to preserve as much of its historic integrity as possible. The HPC has expressed support for placing the higher value on preserving the historic integrity of significant structures and pursuing that option. STAFF OPTIONS & RECOMMENDATION Staff thanks the Historic Preservation Commission for their service to the community this past year. Staff is requesting comments from City Council concerning City's historic preservation efforts and direction for continued actions in 2011. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Sanger Zoning Ordinance Section 28 "H" — Agencies: Historic District and Historic Preservation The Historic Preservation Commission met 10 times in • Exhibit: Example of architectural variety 2010, working to improve Sanger's historic preservation • Aerial map of Sanger's Historic Core policies. City of Sanger Zoning Ordinance SECTION 28a "H" - HISTORIC DISTRICT AND HISTORIC PRESE\RVATION Declaration of policy The city council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation, and use of historic landmarks is a public necessity and is required in the interest of culture, prosperity, education and general welfare of the people. The purposes of this article are to: A. Protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the city's and state's architectural, archeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places.[;] B. Safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations; C. Stabilize and improve property values in such locations; D. Foster civic pride in the beauty and accomplishments of the past; E. Protect and enhance the city's attractions to tourists and visitors and provide incidental support and stimulus to business and industry; F. Strengthen the economy of the city; G. Promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the city and visitors of the city. 28.1 Definitions 1. Alteration: The introduction of compatible forms, colors, textures, materials, and shapes which harmonize with existing historical districts and landmark characteristics yet relate well through the sensitive use of proportion, scale, and landscaping. 2. Historic District: A historic district is defined as an area which has outstanding historical and cultural significance in the state, region, or community, within which the buildings, structures, accessory buildings, fences, or other appurtenances are of basic and vital importance for the development of culture and tourism because of their association with history, including: (a) Historic strictures, sites or areas within which the buildings, structures, appurtenances, and places exemplify the cultural, political, economic or social history of the state, region, or community. (b) Historic structures, sites or areas that are identified with the lives of historic personages or with important events in state, regional, or local history. (c) Structures or areas that embody the distinguishing characteristics of an architectural type specimen as to color, proportion, form, and architectural details. Page 1 of 12 City of Sanger Zoning Ordinance Section 28 "H" - Historic District and Historic Preservation 3. Historic Landmark: A historic landmark is defined as a place which has outstanding historical and cultural significance in the state, region, or community. The designation historic landmark recognizes that the historic place, or the building(s), structure(s), accessory building(s), fences or other appurtenances at the place, are of basic and vital importance for the preservation of culture and the development of tourism. 4. Reconstruction: The reconstruction process involves the recreation of a replica of a building or facility that no longer exists on its original site based on archaeological, historical, documentary, and physical evidence. Both modern construction techniques and traditional methods may be used for a reconstruction project. 5. Rehabilitation: This process involves modifications or changes to an existing building. Rehabilitation extends the useful life or utility of the building through repairs or alterations, sometimes major, while the features of the building that contributed to its architectural, cultural, or historical character are preserved. 6. Relocation: Relocation as a result from changes in land use and redevelopment programs involves the disassembly, relocation on a different site, and reassembly of a building. 7. Restoration: The restoration process involves the careful and meticulous return of a building, usually on its original site, to its appearance at a particular period of time by removal of later work or replacement of missing earlier work. 28.2 Historic Preservation Commission Created 1. Creation of Commission There is hereby created a Historic Preservation Commission for historic districts and landmarks, hereinafter called the Commission, consisting of seven (7) members. The members thereof shall be appointed by the City Council. 2. Terms of Appointment Members shall serve from July 1 of the year of appointment for staggered terms of two (2) years and may be appointed to successive terms of office. Newly appointed members shall draw for 4 one (1) year terms and 3 two (2) year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the commission shall, at the discretion of the city council, render any such member liable to immediate removal from office. 3. Qualifications To the extent possible, the City Council shall appoint members to the Commission which have background in architecture, urban design, history, or other related professions. At least one member shall be the owner of a property eligible for historic landmark designation or within a historic district. Page 2 of 12 City of Sanger Zoning Ordinance Section 28 "H" - Historic District and Historic Preservation 4. Chairman of Commission The Chairman of the Commission shall be elected by a majority of the members of Lite Commission. The first Chairman shall be elected at the beginning of the first meeting held after the members are appointed and each successive Chairman shall be elected at the first meeting held after new appointments to the Commission are made each July. 5. Functions of Commission The Historic Preservation Commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the City which may be eligible for designation as historic landmarks. The Commission shall act in an advisory capacity on all historic matters that come before the city. It shall be the function of the Commission to advise the Building Official concerning all applications for permits in the historic districts and historic landmarks. Additional Duties: 1. The Commission shall make an annual report to the city council on the state of historic preservation in the City and shall include in the report a summary of its activities for the past year and a proposed program for the next year. 2. The Commission shall have the further responsibility of recommending to the City Council and Planning and Zoning Commission, the adoption of policies, the sources of funds, and designation of districts and landmarks that may further the City's preservation effort. 3. The Commission shall provide recommendations to the Planning and Zoning Commission and City Council concerning the establishment of City policies, approvals of projects, designations of additional historic districts, changes in historic district boundaries, designations of historic landmarks and any other project or efforts which might affect a designated historic landmark or historic district. 4. The Commission shall, with staff advice and support, determine a suitable emblem for marking bungs, structures, and sites within historic districts and for designated landmarks, both public and private. This emblem shall be submitted for approval to the Texas Historical Commission and then recommended for approval to the City Council, along with a list of locations and sites and estimates as to cost, for approval by the City Council. 28.3 Meetings The Commission shall meet at regular intervals with advance notice posted according to the Texas Open Meeting Law. Additionally, meetings may be called upon request of the Chairman, or upon written request of three (3) members, or upon notice from the City Secretary that a matter requires the consideration of the Commission. Upon the filing of an application for a building permit in a historic district, or historic landmark, the Commission shall hold a hearing within fourteen (14) days after the date of filing of such application. The Commission shall take final action on the application within thirty (30) days of the filing of said application. If action Page 3 of 12 City of Sanger Zoning Ordinance Section 28 "H" - Historic District and Historic Preservation thereon is not taken within thirty (30) days after the date of filing of such application, it shall be deemed to have been recommended for approval and a certificate showing the filing date and the failure to take action on the application within thirty (30) days shall be issued by the Commission on demand. The applicant may withdraw the application before the thirty (30) day period expires and may resubmit it at a later time if additional time is required for the preparation of information or for research required by the Commission. 28.4 Majority and Voting Requirements A majority of the members shall be 5 to constitute a quorum, and action taken at a meeting shall require the affirmative vote of a majority of the appointive members in attendance. 28.5 Criteria to be used by Commission in determining its recommendation for Designation The City Council may from time to time designate certain places in the city as historic landmarks. The city council may designate buildings, structures, sites, districts, areas and lands in the city as historic landmarks and define, amend and delineate the boundaries thereof. The suffix "H" shall indicate the zoning designation of those buildings, structures, sites, districts, areas and lands which the city council designates as historic landmarks. Such designation shall be in addition to any other use designation established in this chapter. The zoning map shall reflect the designation of an historic landmark by the letter "H" as a suffix to any other use designation established by this chapter[.] 1. Designation A. In designating historic landmarks, the City Council shall follow these procedures with recommendation by the Historic Preservation Commission and Planning and Zoning Commission. In making the designations, the city council shall consider but shall not be limited to one (1) or more of the following criteria: 1. Character, interest or value as part of the development, heritage or cultural characteristics of the city, state or the United States; 2. Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places; 3. Embodiment of distinguishing characteristics of an architectural type or specimen; 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the city; 5. Embodiment of elements of architectural design, detail, material or craftsmanship which represent a significant architectural innovation; 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif; Page 4 of 12 City of Sanger Zoning Ordinance Section 28 "H" - Historic District and Historic Preservation 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style; 8. Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state, or United States; 10. Location as the site of a significant historic event; 11. Identification with a person who significantly contributed to the culture and development of the city, state or United States; 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city; 13. Value as an aspect of community sentiment or public pride. B. Hearings and Notice 1. The city planning and zoning commission shall hold public hearings as provided for in V.T.C.A., Local Government Code §211.007 to consider any historic landmark designation ordinance after receiving a recommendation from the historic preservation commission. The notices provided for in V.T.C.A., Local Government Code §211.007 shall be sent to all owners of property which is proposed for "H" designation as well as to the adjoining property owners specified in such article. 2. Within thirty (30) days after the hearing, the city planning and zoning commission shall set forth in writing its recommendation, including the findings of fact that constitute the basis for its decision, and shall transmit its recommendation concerning the proposed ordinance to the city council along with the recommendation of the commission. 3. Any notice required to be given under this Subchapter, if not actually delivered, shall be given by depositing the notice in the United States mail, postage prepaid, addressed to the person or entity to whom such notice is to be given at his last known address. When notice is required to be given to an owner of property, such notice, delivered or mailed by certified or registered mail, may be addressed to such owner who has rendered his property for city taxes as the ownership appears on the last approved city tax roll. 4. Upon passage of any historic district or historic landmark designation ordinance, the City Secretary shall send a notice of the fact of the designation to the owner or owners of affected property by mail. 28.6 Existing uses Nothing contained in this Section or in the designation of property as being in a historic district or historic landmark shall affect the present legal use of property. Use classifications as to all Page 5 of 12 City of Sanger Zoning Ordinance Section 28 "H" - Historic District and Historic Preservation property which may be included in a historic district or historic landmark shall continue to be governed by the general zoning provisions of this and the procedures therein established. In no case, however, shall any use be permitted which requires the demolition, razing, remodeling, or alteration of any buildings or structures in such a historic district or historic landmark so as to adversely affect the character of the district or historic landmark, except upon compliance with the terms of this Section. 28.7 Role of Building Official 1. Construction, Reconstruction. Alteration, Restoration, or Relocation Procedure The Building Official shall not take action upon a permit for any construction, reconstruction, aIteration, restoration, or relocation of a building or signs in the historic district or historic landmark until he has received a recommendation from the Commission or certificate from the Commission showing failure to take action as provided in Subsection 28.3 of this Section. Upon receipt of an application for a permit in the historic district or historic landmark, the Building Official shall act in accordance with the procedures presently being followed in that office except as those procedures are necessarily modified by the following requirements: (a) Building Official shall forward to the Commission a copy of the application for a building permit, together with a copy of the plot plan and the building plans and specifications filed by the applicant. (b) Building Official shall maintain in his office a record of all such applications and of his handling and final disposition of the same, which shall be in addition to and appropriately cross-referenced to his other records. (c) Building Official shall require applicants to submit a sufficient number of additional copies of material required to be attached to an application for a building permit in compliance with the foregoing. 2. Demolition Procedure Notwithstanding any other provision of this Section, any property owner who desires to effect complete demolition of any entire structure on his property theretofore classified pursuant to the terms of this Section as, or part of, a historic district or historic landmark, shall give written notice to the Building Official of his intention to effect such demolition. One hundred twenty (120) days after the giving of such notice, the property owner shall be entitled to receive a permit for such demolition, provided the application complies otherwise with this and the Building Code. 3. Standards to be applied The same criteria considered by the Commission as set forth in this Section shall be applied by the Building Official in arriving at his determination as to issuance or denial of the permit. 4. Historic District Page 6 of 12 City of Sanger Zoning Ordinance Section 28 "H" - Historic District and Historic Preservation In determining the recommendation to be presented to the Building Official concerning the issuing of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of all or part of any building within the historic district, the Commission shall consider the following matters: (a) The effect of the proposed change upon the general historic, cultural, and architectural nature of the district. (b) The appropriateness of exterior architectural features, including parking and loading spaces, which can be seen from a public street, alley, or walkway. (c) The general design, arrangement, texture, material, and color of the building or structure and the relation of such factors to similar features of buildings or structures in the district. The criterion shall not be the aesthetic appeal to the Commission of the structure or the proposed remodeling but rather its conformity to the general character of the particular historic area involved. (d) Signs which are not consistent with the character of the historic district in question shall not be permitted. (e) The value of the historic district as an area of unique interest and character shall not be impaired. 5. Historic Landmarks. In determining the recommendation to be presented to the Building Official administration concerning the issuing of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of all or part of any designated historic landmark, the Commission shall consider those considerations which gave rise to the original request for the designation of the place as a historic landmark as well as the following matters: (a) The effect of the proposed change upon the historic, architectural, or cultural nature of the landmark. (b) The appropriateness of exterior architectural features, including parking and loading spaces, which can be seen from a public sheet, alley, or walkway. (c) The general design, arrangement, texture, material, and color of the building or structure site and the similarity, contrast, or other relation of such factors to other landmarks built at or during the same period, as well as the uniqueness of such features, considering the remaining examples of architectural, historical, and cultural values. (d) Signs which are not consistent with the character of the historic landmark shall not be permitted. (e) The value of the historic landmark as a place of unique interest or character shall not be impaired. 28.8 Commission Action Concerning Application for Permit Page 7 of 12 City of Sanger Zoning Ordinance Section 28 "H" - Historic District and Historic Preservation l . Meetings of the Commission Upon receipt from the Building Official by the Commission of the application for a building permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of a building or buildings in this historic district or historic landmark, the Commission shall schedule a meeting to consider the recommendation which the Commission will give to the Building Official. The person applying for the permit shall be advised of the time and place of said meeting and invited to appear to explain his reasons. The Commission may invite such other persons or groups as it desires to attend its meetings. The Commission may hold any additional meetings it considers necessary to carry out its responsibilities as enumerated in this Section. 2. The Commission, after the meeting in accordance with this Section and after the making of any changes in the plans and specifications as provided in this Section, shall submit to the Building Official, in writing, its recommendation concerning the issuance of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition or razing of all or a part of any building within the historic district or historic landmark. The written report shall include the opinion and recommendation of the Commission as stated in subparagraphs (g) and (h) of this paragraph and may include all or any part of the matters stated in subparagraphs (a) through (f) of this paragraph. (a) The exact location of the area or place in which the work is to be done. (b) The exterior changes to be made or the exterior character of the stricture to be erected. (c) A list of surrounding structures with their general exterior characteristics. (d) The effect of the proposed change upon the general historic and architectural nature of the district or landmark. (e) The appropriateness of exterior architectural features which can be seen from a public street, alley, trail, or walkway. (f) The general design, arrangement, texture, material, and color of the building or structure and the relation of such factors to similar features of buildings or structures in a district, or to the general period of construction in a district or landmark. (g) The opinion of the Commission, including any dissent, as to the appropriateness of the work proposed as it will preserve or destroy the historic aspect and nature of the district or landmark. (h) The specific recommendation of the Commission. 3. Meetings Of The Commission Upon receipt from the Building Official by the Commission of the application for a building permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of a building or buildings in this historic district or historic landmark, the Commission Page 8 of 12 City of Sanger Zoning Ordinance Section 28 "H" - Historic District and Historic Preservation shall schedule a meeting to consider the recommendation which the Commission will give to the Building Official. The person applying for the permit shall be advised of the time and place of said meeting and invited to appear to explain his reasons. The Commission may invite such other persons or groups as it desires to attend its meetings. The Commission may hold any additional meetings it considers necessary to carry out its responsibilities as enumerated in this Section. 4. Action by the Building Official The recommendation of the Commission shall be binding upon the Building Official, and upon receipt of the report of the Commission, the Building Official shall within ten (10) days notify the applicant in writing of the approval, conditional approval, or disapproval of the application, and shall provide a copy to the Commission. 5. Appeal from action of the Commission Concerning Applications for Permits An applicant for permit dissatisfied with the action of the Commission relating to issuance or denial of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of a building in the historic district shall have the right of appeal to the City Council within fifteen (15) days after receipt of notification of such action. The applicant shall be advised by the City Secretary of the time and place of the hearing at which his appeal will be considered and shall have the right to attend and be heard as to his reasons for filing the same. In determining whether or not to certify to the appropriateness of the proposed construction, reconstruction, alteration, restoration, relocation, demolition, or razing of all or a part of any building within the historic district, the City council shall consider the same factors as the Commission set forth in Subsection 28.9 of this Section and the report of the Commission and any other matters presented at the hearing on the appeal. If the City Council disapproves the application by a majority of the members voting, it shall direct the Building Official not to issue such permit. Such disapproval may indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical character of the district. 6. Duties of the Building Official Upon receipt of the action of the City Council, the Building Official shall forthwith so advise the applicant and the Commission. 7. Reapplication for Building Permit In the case of an application's disapproval by the City Council, the application shall not be resubmitted for consideration until one (1) year has elapsed from the date of disapproval unless the indicated changes in the plans and specifications required to meet the conditions for protecting the district or landmark have been incorporated into the reapplication. 28.9 Violations; Penalties It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, relocate, restore, demolish, raze, or maintain any building, structure, accessory building, fence, or other appurtenance in a historic district or historic landmark in violation of the provisions of this Sections and proper City officials, or their duly authorized representatives, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful Page 9 of 12 City of Sanger Zoning Ordinance Section 28 "H" - Historic District and Historic Preservation construction, reconstruction, structural alteration, remodeling, renovation, restoration, relocation, demolition, razing, or maintenance, to restrain, correct, or abate such violation, to prevent any illegal act, conduct, business, or maintenance in and about such premises. Each day such violation continues shall constitute a separate offense. 28.10 Partial Tax Exemption for Historically Designated Sites 1. Definition - As used in this subsection, "Historic Site" means a property designated as a historic landmark or within a historic district in need of tax relief to encourage its preservation. 2. Granting of Exemption -The City Council shall, by ordinance, concurrent with the levy of taxes for each year, approve for partial exemption from ad valorem taxes certain historically significant sites in need of tax relief to encourage their preservation. 3. Partial Exemptions -Historic Sites approved for exemption by ordinance pursuant to the provisions of this subsection shall have an exemption of seventy-five percent (75%) of the assessed value of the structure and the land. These exemptions may be applied to both residential and commercial property for a maximum of five (5) years per property. 4. Application -For each assessment year for which the owner of property designated a Historic Site desires such property to be partially tax exempt pursuant to provisions of this subsection, the owner shall file with the Historic Preservation Commission a sworn application, not later than April 1, setting forth the fact that the requirements of paragraph (5) of this subsection concerning the preservation and maintenance of the subject structure were being fully satisfied as of January 1 of the year for which application for exemption is being sought. Application forms are to be available at the office of the City Tax Assessor -Collector. The application shall affirmatively set forth the owner's authorization for members of the Historic Preservation Commission to visit and inspect the historic property as well as examine the books and records as necessary to certify whether or not the property was being preserved and maintained as required by paragraph (5) of this subsection and to determine what new construction or modifications have been completed. 5. Certification -Upon receipt of the sworn application, the Historic Preservation Commission shall cause an inspection of the historic property to be made and review the books and records as to whether or not the historic property is being preserved and maintained in accordance with this paragraph (5) as of January 1 of that year and shall certify the facts to the City Tax Assessor -Collector not later than April 30, along with the Commission's recommendation for approval or disapproval of the application for exemption. The Historic Preservation Commission shall note on the application form any new construction or modification which has been accomplished in accordance with the restrictions placed on the structure by this Section. The following items shall be used in determining whether a Historic Site has been maintained in accordance with minimum property, structural, and health standards: (a) Any well, cesspool, or cistern shall be securely covered or closed; (b) Dead trees and tree limbs that are reasonably capable of causing injury to a person shall be removed; Page 10 of 12 City of Sanger Zoning Ordinance Section 28 "H" - Historic District and Historic Preservation (c) Any structure or portion of a structure which is vacant shall be securely closed so as to prevent unauthorized entry; (d) Paint or other coatings shall be applied at reasonable intervals so as to protect the exterior surfaces of a structure which are subject to decay; (e) The exterior grounds shall be maintained free of excessive rubbish, garbage, junk, or refuse; (f) Screens and shutters existing at the time of historic designation or added subsequent thereto shall be maintained in good repair; (g) Broken windows shall be replaced or reglazed; (h) Exterior doors and doorways shall be maintained in good repair and operable condition; (i) Skirting around the structure, if any, shall be maintained in good repair; (j) Porch flooring and supports shall be maintained in a sound condition, capable of bearing an imposed load safely, (k) Railings and handrails of exterior stairs, steps, balconies, porches and other exterior features shall be maintained in a sound condition so as to afford safety, (1) Rotted exterior wood shall be replaced and repainted; (m) Broken or partially missing gutters or downspouts shall be replaced or repaired.[;] (n) Loose bricks or stones in the exterior of a structure shall be reestablished or replaced and all joints weatherproofed by proper maintenance of painting; (o) Fences and the exteriors of accessory buildings shall be maintained in reasonable repair, including painting if applicable. 6. Tax Assessment of Historic Sites and Determination of the Land Reasonably Necessary for Access and Use Thereof -The City Tax Assessor -Collector shall determine that portion of land which is reasonably necessary for access to and use of those historic structures for which applications for approval of exemptions are pending, and shall assess for taxation all such excess land in the same equal and uniform manner as all other taxable properties in the City. The determination of the City Tax Assessor -Collector shall be final with respect to the amount of land reasonably necessary for access to and use of the historic structure for which tax exemption is sought. The City Tax Assessor -Collector shall, not later than June 1 of each year or as soon thereafter as is practicable and prior to the levy of taxes for the current year, forward the application for tax exemption to the City Council after having indicated thereon the assessed values of the historic Page 11 of 12 City of Sanger Zoning Ordinance Section 28 "H" - Historic District and Historic Preservation structure and land necessary for access to and use thereof and the assessed value of the land determined to be in excess of that necessary for access to and use thereof. 7. Rendition and Assessment of Historic Sites for Ad Valorem Taxation -The provisions of this subsection pertaining to partial exemption of historic properties do not change the provision of any other section of the City Code pertaining to taxation, and the applicant's properties shall be rendered and assessed in the same manner as any other property in the event the City Council elects to disapprove the application for exemption. 8. Additional Tax -Each year during which the historic site is granted a tax exemption pursuant to provisions of this subsection, the Tax Assessor -Collector shall note on his records the assessments which would have been made had the property not qualified for tax exempt status under this subsection that it is no longer a Historic Site due to failure to comply with this subsection, the property shall be subject to an additional tax, the difference between the taxes paid or payable, under the provisions of this section, and the amount of tax which would have been payable for the preceding three (3) years had the property not been approved for tax exemption under this subsection, or for a lesser number of years, if any, during which such land has been exempt. Taxes provided by this subsection shall be due and payable at once and if not paid within ninety (90) days thereafter, shall be deemed delinquent and shall be subject to the same penalty and interest as other taxes for each such year. 28.1 I Exemptions from Provisions of this Section Ordinary repair or maintenance, including minor damage such as a broken window caused by natural causes or accidents, which does not involve changes in architectural and historic value, style, or general design, color, or appearance is exempt from the provisions of this section. (Ordinance 09-39-07 adopted 9/17/07) Page 12 of 12 Exhibit: Example of architectural variety. All of these houses are located near the intersection of 7th Street and Peach Street. 2 in I OWINRW, ST YL.CAN ST _ if :) M A A a er ' s nis touric sure !-,w j I... 1.... i # x z G x r = 1 MOM [yI4, 1 S_itT7�hTIT A "A l.T T.1TlAMA .f] IT s tM0 5 14 1 rY +� t �sU f. . ;.:_ � •fit ..v�_i till o- IX Ethics Code of Conduct 9.01 Purpose Open, responsive and efficient local government requires public confidence in the integrity of its public servants. To preserve and enhance public trust it is imperative that all employees conduct themselves ethically and avoid even the appearance of unethical behavior. Public employees are, and should be, held to a higher standard because they are entrusted with public funds. This Ethics Code spells out the ethical standards expected of employees no matter what position they hold in City Government. 9.02 Definitions Employee —Means any person holding a position either paid or volunteer with the City of Sanger. For the purpose of this policy employee does not include the Mayor, City Council or members of City boards and commissions unless they also serve in a separate paid or volunteer position with the City. Immediate Family —Means an employee's husband, wife, father, mother, brother, sister, son, daughter, and like relatives by marriage such as a stepson, stepdaughter, father-in-law, mother- in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law. Interest — Means direct or indirect pecuniary or material benefit accruing to a City employee as a result of a contract or transaction which is or may be the subject of an official act or action of the City, except for such contracts or transactions which confer similar benefits to all other persons and/or property similarly situated. For the purpose of his/her policy an employee is deemed to have an interest in the affairs of: l . Any person of the employee's immediate family as defined herein. 2. Any business entity in which the employee is an owner, officer, director, or employee. 3. Any business in which the stock of, or legal or beneficial ownership of, in excess of 5% of the total stock or total legal and beneficial ownership, is controlled or owned directly or indirectly by the employee. 4. Any person or business entity with whom a contractual relationship exists with the employee; provided that a contractual obligation of less than $500, or a commercially reasonable loan made in the ordinary course of business or a contract for a commercial retail sale shall not be deemed to create an interest in violation of his/her chapter. Single Source — Is defined as any person or entity or representative or agent acting on behalf of a person or entity. 9.03 Certain Privileges or Exemptions Prohibited No employee shall use his/her position to secure special privileges or exemptions for him/herself or any other person or persons. No employee shall accept anything of value that may tend to influence him/her in the discharge of his/her duties. 9.04 Incompatible Employment or Activity Prohibited No employee shall engage in or accept private employment or render services for private individuals or entities or engage in any business or professional activity incompatible with the proper discharge of his/her official duties, or when it would require or induce him/her to disclose confidential information acquired by him/her by reason of his/her official position. No employee shall assist anyone with an adversarial matter involving the City except to the extent required or compelled by law. No employee shall represent or make an appearance as an advocate in front of any board or commission of the City except in his/her official capacity as a representative of the City or to represent his or her self. 9.05 Disclosure of Confidential Information Prohibited No employee shall, except as required by the legitimate performance of his/her duties, intentionally disclose confidential information gained by reason of his/her official position, nor shall he use confidential information for his/her personal interest or gain. 9.06 Conflict of Interest No employee shall engage in any act which is in conflict with, or creates an appearance of conflict with, the performance of his/her official duties. 9.07 Gifts No employee may accept gifts, except as exempted below, or any other thing of value in excess oI. $50.00 in a Calendar Year from any single source. The value of gifts given to the employee's immediate family shall be attributed to the employee in calculating the annual value. The following items are presumed not to influence and may be accepted by an employee as long as there is no demanded, suggested, implied or inferred action or inaction on the employees part in exchange for receiving the item: 1. Unsolicited cards, flowers, plants, or food items under $50.00. 2. Unsolicited promotional items of nominal value such as pens and note pads. 3. Unsolicited awards in the form of a plaque, trophy, desk item, wail memento or similar item. 4. Unsolicited items received for the purpose of evaluation or review and used for official business. 5. Informational material, publications or subscriptions related to the recipients official duties. 6. Food and beverages at hosted receptions or infrequent business lunches or dinners related to an employee's official duties. 7. Admission to and the cost of food and beverages at events sponsored by or in conjunction with a civic, charitable, governmental or community organization. The presumptions above are rebuttable and may overcome by the circumstances surrounding the giving and acceptance of the item. 9.08 Use of Public Property No employee shall request or permit the use of City vehicles, equipment, materials, or property for personal convenience or profit. Use is restricted to such services as are available to the general public, for the conduct of official business, and for such purposes and under such conditions as are directed by administrative order of the City Manager. Authorized take home vehicles are not a violation of this policy provided they are only driven to and from work and not used for any other personal use. 9.09 Political Activities No employee shall use his/her official authority or influence for the purpose of interfering with or influencing the result of a municipal election. No employee shall campaign for or against any candidate or issue while on duty or on City property. No employee shall represent their advocacy or opposition for any candidate or issue as the official position of the City. Employees are encouraged to fulfill their civic duty in voting in all elections. This policy does not prohibit employees from contributing to candidates or actively participating in campaigns as a private individual while off duty and not on City property. 9.10 Conduct Employees shall maintain a professional demeanor at all times while on duty. Employees shall conduct themselves so as not to bring embarrassment or disgrace on the City both on and off duty. Further, no employee shall engage in any activity or associate with any group, either formal or informal, that has the potential to embarrass or disgrace the City by the employee's involvement. Employees shall not knowingly file a false charge or complaint of a violation of this ethics code. Employees shall not induce, coerce or attempt to induce or coerce anyone into violating the ethics code. Employees shall in no way retaliate against any person malting a complaint of violations of this ethics code. 9.11 Complaints Ethics complaints against an employee may be filed by anyone who is a party to the alleged violation. Complaints shall be in writing and shall detail the alleged violation including, but not limited to, the date(s) and time(s) of the alleged violation if known, the Section(s) of the ethics code that was allegedly violated, names and contact information for all parties and witnesses involved, and a detailed narrative of what occurred. Complaints must be signed in the presence of a Notary and notarized. Complaints shall be filed with the City Secretary. The City Secretary will forward the complaint to the City Manager. If the City Manager is the one being accused, the City Secretary shall notify the Mayor and City Attorney of the alleged violation. Employees who are aware of a possible violation but who are not a party to the possible violation have a duty to report the possible violation to the City Manager's office. In such a case the complaining party, at least initially, will be the City. 9.12 Investigations The City Manager, or the Mayor if the City Manager is the accused party, shall assign an investigator to investigate the complaint. The investigator may be a City employee who is not a party to the alleged violation, or an outside investigator. The investigator shall duly investigate the complaint and prepare a written report to the City Manager, or Mayor if the City Manager is the accused party, detailing his/her findings. Employees who are the complainant, defendant, other party to the violation or witnesses are required to attend the hearing, if called, and to cooperate fully with the investigating officer. The investigators report will document whether or not a violation or violations has occurred or if there is not sufficient evidence to substantiate the alleged violation(s). 9.13 Hearing If the investigators report indicates that one or more violations have occurred and can be substantiated, the City Manager will set a hearing date and appoint a hearing officer. If the City Manager is the accused party, the hearing shall be in front of the City Council. All parties involved will be notified in writing of the date and time of the hearing. All parties shall have the opportunity to be heard and present witnesses and evidence at the hearing, one at a time. Employees who are the complainant, defendant, other party to the violation or witnesses are required to attend the hearing, if called, and to cooperate fully with the hearing officer. After hearing all of the parties involved the hearing officer shall determine what level of discipline will be imposed based on the City's progressive discipline policy. The employee shall have the right to appeal any discipline imposed as outlined in section 8.11, Complaint/Appeal Process of the Sanger Personnel Policy Manual. 9.13 False or Frivolous Charges Any person who files a knowingly frivolous or false charge shall be solely responsible for all costs associated with the investigation. Nothing in this Policy impedes or prohibits a falsely accused employee from taking legal action against the Complainant if falsely or frivolously accused regardless of any disciplinary action taken against the complainant by the City.