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HomeMy WebLinkAboutFebruary 17, 2009 AgendaAGENDA CITY OF DENTON CITY COUNCIL February 17, 2009 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Closed Meeting on Tuesday, February 17, 2009 at 1:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1. Closed Meeting: A. Deliberations regarding consultation with the City Attorney -Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations -Under Texas Government Code Section 551.087, and Deliberations regarding real property -Under Texas Government Code Section 551.072. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary rules of Professional conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the leasing of land and financing of a city facility on University of North Texas property located at I-35 and North Texas Blvd. The discussion shall include financial information the City Council will review, including the offer of financial or other incentives. B. Deliberations regarding Real Property -Under Texas Government Code Section 551.072; Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Consult with City's attorneys and hold a discussion regarding legal issues associated with the annexation of approximately 865.92 acres of land, contiguous and adjacent to the City of Denton. The tracts of land are located in two distinct areas. The first area (annexation area # 1) is approximately 23.23 acres in size and is generally located between the City's current northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) is approximately 842.69 acres and is generally located east of FM 2164 and north of Shepard Road. C. Deliberations regarding consultation with the City Attorney -Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations -Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion City of Denton City Council Agenda February 17, 2009 Page 2 regarding granting economic development incentives to Allegiance Hillview Development, LP with respect to development at Rayzor Ranch. This discussion shall include commercial or financial information the City Council has received from Allegiance Hillview Development, LP which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the city council is conducting economic development negotiations; including the offer of financial or other incentives. D. Deliberations regarding Real Property -Under Texas Government Code Section 551.072; Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of an easement for the construction, maintenance and operation of a rail line within the Denton Rail Corridor to the Denton County Transportation Authority (DCTA), the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City's attorneys regarding legal issues associated with the granting of said easement above described where a public discussion of these legal matters would clearly 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. E. Deliberations regarding consultation with the City Attorney -Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations -Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the construction of needed infrastructure in the industrially zoned area along Airport Road, west of Interstate 35, for the location of an advanced materials manufacturing company. The discussion shall include the offer of financial or other incentives for the project. City of Denton City Council Agenda February 17, 2009 Page 3 Following the completion of the Closed Session, the City Council will convene in a Work Session at which the following items will be considered: 1. Requests for clarification of agenda items listed on the agenda for February 17, 2009. 2. Receive a report, hold a discussion, and give staff direction on proposed Articles I - XII of the Denton Property Maintenance Code, Chapter 17 of the Code of Ordinances. The Citizens Code Committee and the Council Property Maintenance Code Committee recommend approval. 3. Receive a report, hold a discussion and give staff direction regarding the Water, Wastewater, and Engineering Management Study performed by Matrix Consulting Group. 4. Receive a report; hold a discussion and provide direction regarding a proposed interlocal cooperation agreement between the City of Denton and the Denton County Transportation Authority regarding the use of a portion of the Denton Branch Rail Trail for the purpose of public commuter rail service. 5. Receive a report, hold a discussion and give staff direction regarding the Oak-Hickory one-way street esign. 6. Receive a report, hold a discussion and give staff direction regarding the formation of a Charter Review Committee. Regular Meeting of the City of Denton City Council on Tuesday, February 17, 2009 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Severe Weather Awareness Week 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. City of Denton City Council Agenda February 17, 2009 Page 4 Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - I). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - I below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance authorizing the City Manager to approve an agreement with Fidelity Express to provide additional payment locations for utility customers; and providing an effective date. The Public Utilities Board recommends approval (6-0). B. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 4239-Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the annual estimated amount of $1,300,000). The Public Utilities Board recommends approval (5-0). C. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of six police sedans; providing for the expenditure of funds therefor; and providing an effective date (File 4226-Interlocal Agreement for Police Sedans with Tarrant County, contract awarded to Philpott Ford Inc. in the amount of $138,345). D. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with City of Fort Worth and awarding a contract for the purchase of gasoline and diesel fuel; providing for the expenditure of funds therefor; and providing an effective date (File 4256-Interlocal Agreement for Purchase of Fuel with City of Fort Worth, contract awarded to Martin Eagle Oil Co., Inc. in the estimated amount of $5,200,000). E. Consider adoption of an ordinance of the City of Denton, Texas approving an Agreement between the City of Denton and the North Texas Umpire Association; determining a sole source and approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 4259- Agreement with North Texas Umpire Association in the amount per game as specified in the agreement for an estimated award of $65,000). F. Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving Amendment No. 1 to Tower Lease by and between the City of Denton and Dallas MTA, L.P. d/b/a Verizon Wireless; and providing an effective date. The Public Utilities Board recommends approval (5-0). City of Denton City Council Agenda February 17, 2009 Page 5 G. Consider adoption of an ordinance approving an assignment of leasehold interest in a commercial operator airport lease agreement at Denton Municipal Airport from Jack Faas to Planes of History, Inc. located at 4665 Spartan Lane at the Denton Municipal Airport and providing for changes to indemnification and insurance requirements of the leasehold; and providing an effective date. The Airport Advisory Board tabled the item (7-0). H. Consider adoption of an ordinance of the City of Denton, Texas, on second reading, annexing by consent tracts of land consisting of approximately 865.92 acres, contiguous and adjacent to the City of Denton. The tracts of land are located in two distinct areas. The first area (annexation area # 1) is approximately 23.23 acres in size and is generally located between the City's current northern Clty 11m1tS and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) is approximately 842.69 acres and is generally located east of FM 2164 and north of Shepard Road. The proposed ordinance will also approve a service plan for the annexed property and provide a severability clause and an effective date (A08-0001). The Planning and Zoning Commission recommends approval (5-0). I. Consider approval of the minutes of: February 2, 2009 February 3, 2009 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City Council of the City of Denton authorizing the acceptance of deed restrictions prohibiting the use of designated groundwater from beneath the property, generally described as the 0.79 acre tract, being part of Lot 1, Block 1 Victoria Square, generally at the northeast corner of South Locust and East Prairie Streets, Denton, Texas, to facilitate certification of a municipal setting designation ("MSD) of said property by the Texas Commission on Environmental Quality ("TCEQ), pursuant to the Texas Solid Waste Disposal Act; and providing for an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton, Texas designating portions of Oak Street and Hickory Street as one-way streets; designating no parking on portions of Oak Street and Hickory Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommends approval (7- 0). B. Consider approval of a resolution creating a Charter Review Committee to consider and advise the City Council whether and in what manner to revise City Charter provisions governing mayor and council member terms of service or changes of position during terms of service on the City Council and providing an effective date. City of Denton City Council Agenda February 17, 2009 Page 6 C. Consider nominations/appointments to the City's Boards and Commissions: 1. Historic Landmark Commission 2. Traffic Safety Commission 3. Charter Review Committee D. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Bob Clifton regarding a Power Point presentation on various needed city improvements. B. Catherine Bell regarding the manager of the Senior Center Legion Building and Denia Recreation Center. C. Alma Clark regarding the manager of the Senior Center Legion Building. D. Willie Hudspeth regarding concerns of Southeast Denton. E. Jordan Hudspeth regarding concerns of Southeast Denton. F. Lanisha Hudspeth regarding concerns of Southeast Denton. G. Hagar Hudspeth regarding concerns of Southeast Denton. E. 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. F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. G. 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 , 2009 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: February 17, 2009 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager ~~ ~TIR.TF,CT: Receive a report, hold a discussion, and give staff direction regarding proposed Articles I-XII of the Denton Property Maintenance Code. BACKGROUND: The current city codes that address property maintenance issues are located in various Chapters of the city's Code of Ordinances. Thus, it can be confusing for anyone who is trying to research information related to the city's property maintenance codes. Also, the current property maintenance code language is deficient in some areas, contradicts itself in other areas, and does not address some of the complaints being filed by residents. As a result, there are numerous instances where staff is not able to address valid complaints by citizens because we do not have a code in place to address the complaint, or the code does not adequately address the situation. In 2005, when the City attempted to address the revision of the property maintenance code language, that attempt was met with resistance from certain sections of the community. In April, 2006, the Denton City Council asked the Denton Chamber of Commerce to conduct an assessment of the city's property maintenance issues. The Chamber asked the 2006-07 Leadership Denton Class to adopt this issue as their class project, and the class conducted a non- scientific survey of the community's thoughts on this issue. Their study was based on data collected in the city from November 2006 through January 2007. In April 2007, the Leadership Denton Class presented the results of their survey to the Denton City Council. The general conclusions of their study were: • Almost two-thirds of the citizens who responded to the survey felt that the City of Denton has adequate property maintenance codes (65%), but seventy-two percent (72%) felt that the codes were not being adequately enforced. • The property maintenance issues that were of the most concern for the city were: zoning, trash and debris, substandard housing, junk vehicles, signage, parking and rental property issues and grass and weeds. • The property maintenance issues that were of the most concern for the neighborhoods were: number of vehicles on property, noise, grass and weeds, fencing, occupancy levels and rental property issues. The Leadership Denton Class survey did have some limitations including: • The sample was small and non-representative and therefore the findings cannot be generalized to a larger population. • The findings were based solely on the experiences of 450 citizens who participated in the survey. ADA/EOE/AREA www.cityofdenton.com (TDD 800-735-2989) 2/12/09 Denton Property Maintenance Code -Articles I-XII Page 2 of 2 • The sample primarily reflects the experience of white homeowners; other categories were represented but not reflective of the community. • Many respondents skipped questions or did not answer them. In October 2007, a City Council Committee was appointed by the Mayor to address the property maintenance code issues. Council members Charlye Heggins, Chris Watts and Joe Mulroy were appointed to this committee and they held their first meeting in November 2007. This committee set as their mission: "to improve the quality of life and standard of living for all citizens, and set to accomplish its mission through a collaborative process whereby city staff, Council and citizens of our community would evaluate our existing codes to determine the need for modification and/or adoption of new codes relating to property maintenance issues." In an effort accomplish this mission, the Council Committee appointed a nine member Citizens Committee to work with staff and the Council Committee on addressing this issue. The Citizens Committee held its first meeting in March 2008. Citizens were given opportunities during each of the thirty (30) meetings that these two committees have held thus far on this issue. The agendas, minutes, draft documents and other pertinent material have all been posted on the City's website on a page created just for property maintenance issues. This document is a result of the discussions and collaboration that have taken place in these meetings. This document also accomplishes staff s goals of placing all property maintenance related information into one document; adding language that will allow staff to address certain complaints from residents; and format the document so that it is easier for the average citizen to read and understand. RECOMMENDATION Adopt the Denton Property Maintenance Code - Articles I-XII PRIOR ACTION/REVIEW (Council, Boards, Commission): The Citizens Property Maintenance Code Committee and the Council Property Maintenance Code Committee recommend approval. FISCAL INFORMATION: None. Respectfully submitted: John Cabrales Public Information/Intergovernmental Relations Officer 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc DENTON PROPERTY MAINTENANCE CODE ORDINANCE February 17, 2009 Page 1 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc Denton Property Maintenance Code Table of Contents Article I. In General ............................................................................................................................. 4 Sec. 17-1. Purpose and intent .................................................................................................................. 4 Sec. 17-2. Definitions ............................................................................................................................... 5 Sec. 17-3. Motor vehicles and traffic .......................................................................................................8 Sec. 17-4. Home occupations ................................................................................................................... 8 Sec. 17-5. Temporary uses, i.e., occasional sales, temporary storage, etc ............................................. 8 Sec. 17-6. Home owners' associations ..................................................................................................... 8 Sec. 17-7. Signs and advertising devices .................................................................................................. 8 Sec. 17-8. Penalty provisions ................................................................................................................... 8 Article II. Noise and Odors ................................................................................................................... 9 Sec. 17-20. Noise .......................................................................................................................................9 Sec. 17-21.Odors .................................................................................................................................... 13 Article III. Inoperable and Junk Vehicles ............................................................................................ 13 Sec. 17-30. Authority to take possession of abandoned motor vehicles ............................................... 13 Sec. 17-31. Notification of owner and lienholders of abandoned vehicles ............................................ 13 Sec. 17-32. Police Department use of certain abandoned motor vehicles ............................................. 14 Sec. 17-33. Auction of abandoned motor vehicles ................................................................................. 15 Sec. 17-34. Disposal of abandoned vehicle by demolition ..................................................................... 15 Sec. 17-35. Inoperable vehicles, inoperable motor vehicles, junked vehicles declared public nuisance; maintaining public nuisance prohibited ................................................................................................. 15 Sec. 17-36. Procedures for abating nuisance; exception ........................................................................ 17 Sec. 17-37. Disposal of junked vehicles .................................................................................................. 18 Sec. 17-38. Enforcement ......................................................................................................................... 18 Article IV. Grass and Weeds .............................................................................................................. 18 Sec. 17-40. Grass and weeds in excess twelve inches in height declared a nuisance and prohibited ... 18 Sec. 17-41. Defenses and responsibilities ............................................................................................... 19 Sec. 17-42. Additional authority to abate dangerous weeds ................................................................. 20 Sec. 17-43. Tree preservation and maintenance; landscape maintenance ............................................ 20 Article V. Trash and Debris ................................................................................................................ 21 Page 2 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc Sec. 17-50. Trash and debris declared a nuisance and prohibited ......................................................... 21 Article VI. Outside Storage and Outside Display ................................................................................ 21 Sec.17-60.Outside storage .................................................................................................................... 21 Sec.17-61.Outside display ..................................................................................................................... 21 Sec.17-62. Solid waste container maintenance ..................................................................................... 22 Article VII. Environmental Nuisances ................................................................................................. 22 Sec.17-70. Stagnant water ..................................................................................................................... 22 Article VIII. Fences ............................................................................................................................. 23 Sec.17-80. Maintenance of perimeter fences ........................................................................................ 23 Sec. 17-81. Applicability of other laws regarding fences ........................................................................ 24 Article IX. Temporary Carports and~or Auto Shade Covers ................................................................ 24 Sec.17-90. Temporary carports and/or auto shade covers ................................................................... 24 Article X. Certain Parking Regulations ............................................................................................... 24 Sec. 17-100. Vehicles for sale .................................................................................................................. 25 Sec. 17-101. Parking nuisances ............................................................................................................... 25 Article XI. Abatement Procedures for Grass and Weeds; Trash and Debris; Outside Storage and Outside Display; Environmental Nuisances; Fences; Temporary Carports; and Certain Parking Regulations ........................................................................................................................................ 27 Sec. 17-110. Failure of owner to comply with article provisions; issuance of notice ............................. 27 Sec. 17-111. Service of notice ................................................................................................................ 27 Sec. 17-112. Contents of notice .............................................................................................................. 27 Sec. 17-113. City may correct violation .................................................................................................. 27 Article XII. Graffiti ............................................................................................................................. 28 Sec. 17-120. Declaration of public nuisance ........................................................................................... 28 Sec. 17-121.Owner responsibility .......................................................................................................... 28 Sec. 17-122. Imposition of civil penalty for applying, permitting, or allowing graffiti ........................... 29 Page 3 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING A NEW CHAPTER 17 "PROPERTY MAINTENANCE" IN THE CODE OF ORDINANCES OF THE CITY OF DENTON; REPEALING CHAPTER 20 "NUISANCES" OF THE CODE OF ORDINANCES; REPEALING SECTIONS 21-5 1, 21-55, AND 21-56 OF CHAPTER 21 "OFFENSES" OF THE CODE OF ORDINANCES; REPEALING A PORTION OF SECTION 35-76 OF CHAPTER 35 "ZONING" OF THE CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton finds it in the best interest of citizens and property owners to amass all property maintenance regulations into one chapter of the Code of Ordinances; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Code of Ordinances of the City of Denton is hereby amended by creating Chapter 17 "Property Maintenance" to read as follows: Chapter 17 PROPERTY MAINTENANCE ARTICLE I. IN GENERAL Sec. 17-1. Purpose and intent. (a) The regulations within this chapter shall be known as the Denton Property Maintenance Code ("DPMC"). The provisions of the DPMC shall apply to all existing structures and premises within Denton's city limits. (b) The purpose of the DPMC is to establish the minimum maintenance and sanitary standards for all premises and existing structures so as to protect against blight, neighborhood decline, and depreciation of property. It is also the intent of the DPMC to ensure the health, safety and general welfare of the citizens of the City of Denton. (c) Existing structures and premises that do not comply with these provisions shall be altered, and/or repaired to meet the minimum requirements stated herein. All repairs, new additions, or alterations of existing structures that require a building permit shall comply with the adopted edition of the International Building Code currently in effect at the time of the repair, new addition, or alteration. The DPMC shall not govern the use or development of land, but shall defer to the Denton Development Code ("DDC") on these matters. (d) When regulations imposed by the DDC impose greater restrictions than are required by the DPMC, the provisions of the DDC shall control. Page 4 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc Sec. 17-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Approved sound-level meter means an instrument sensitive to pressure fluctuations that provides a digital decibel reading indicating the level of sound based on a reference of zero db (0.0002 Micro Bar). The instrument must also be capable of taking measurements on the A- weighted scale and on a slow response. A-weighted sound pressure level means the sound pressure level as measured on an approved sound-level meter using the A-weighting network. Carrion means the dead, putrefying flesh of any animal, fowl, or fish. Clearly audible means any sound for which the information content of that sound is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech which need not be wholly discernable, or comprehension of whether a voice is raised or normal, bass reverberations, or comprehensible musical rhythms. Daytime means from 7:00 a.m. to 10:00 p.m. Designee(s) means City employee or employees designated by the city manager to perform activities related to notification and abatement of graffiti. Established perimeter means the established perimeter of an event will be the permanent or temporary fencing in place for the event, or the natural boundaries of a specific location or address. Filth means any matter in a putrescent state. Garbage means any kitchen refuse, foodstuffs, or related materials, including all decayable waste. Graffiti means visual blight or any unauthorized form of painting, scratching, writing, or inscription including initials, slogans, symbols or drawings, regardless of the content or nature of the material that has been applied to any wall, building, fence, window, sign or other structure or surface and is visible from any public property or right-of way or is visible from the private property of another person. "Graffiti" does not include any of the foregoing used for advertising purposes placed on any property in compliance with any applicable City ordinance, state or federal law. Page 5 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc Graffiti implement means an aerosol paint container, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface. Improved parking surface means a parking area constructed in compliance with the Denton Development Code and the Transportation Criteria Manual (Parking Lot Design- Materials and Pavements Section). Impure or unwholesome matter means any putrescible or nonputrescible condition, object or matter which tends, may, or could cause injury, death or disease to human beings. Inoperable motor vehicle means a motor vehicle that is not in operating condition because it is wrecked, dismantled, partially dismantled, dilapidated or has one or more flat tires. Inoperable vehicle means a vehicle without a motor, including but not limited to trailers, campers, camper shells, and wheeled towing frames, that is not in operating condition because it is wrecked, dismantled, partially dismantled, dilapidated or has one or more flat tires. Junk means all worn out, worthless, or discarded material, including, but not limited to, odds and ends, old iron or other metal, glass, and wood. Junk vehicle means a vehicle that is self propelled and: (1) Does not have lawfully attached to it: a. An unexpired license plate; and b. A valid motor vehicle inspection certificate; and (2) Is: a. Wrecked, dismantled or partially dismantled, or discarded; or b. Inoperable and has remained inoperable for more than: 1. Seventy-two consecutive hours, if the vehicle is on public property; or 2. Thirty consecutive days, if the vehicle is on private property; as defined in Tex. Transp. Code §683.071. Matter means that of which any physical obj ect is composed. Minor means any person under 17 years of age. Motorcycle means a motor vehicle designed to propel itself with not more than three wheels in contact with the ground. The term does not include a tractor or any other self propelled arm equipment. Motor vehicle for the purposes of this article shall only include passenger cars, pickup trucks and motorcycles. Nighttime means from 10:00 p.m. to 7:00 a.m. Page 6 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc Noise means any sound which is unwanted or which causes, or tends to cause, an adverse psychological or physiological effect on human beings. Nuisance means whatsoever is dangerous or detrimental to human life or health; whatsoever renders the ground, the water, the air, or the food a hazard or injurious to human life or health; whatsoever is offensive to the senses; or whatsoever is detrimental to the public health or welfare. Outdoor music festival means any form of musical entertainment provided by live per ormances i (1) More than 200 persons are in attendance at any one performance, or (2) The event requires paid admission, and (3) Any of the performers or performance are not within a permanent, enclosed structure, and (4) Any of the performance involves the use of amplified sound. Outside display means the displaying of objects, items, products, or other merchandise outside an enclosed building that is intended and available for immediate sale, rental, or special order. Outside storage means the storage of any objects, items, products, or materials outside an enclosed building that are not intended for immediate sale, rental, or special order. On~ner means any person or entity shown as the property owner on the latest property tax assessment rolls or any person having or claiming to have any legal or equitable interest in the property, including any agent who is responsible for managing, leasing or operating the property and including any tenant. Parent means a person who is a natural parent or adoptive parent of a minor. As used herein, "parent" shall also include acourt-appointed guardian or other person 21 years of age or older, authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of the minor. Passenger car means a self propelled vehicle designed or used primarily for the transportation of persons upon streets and does not include truck-tractors, trailers, campers, recreational vehicles, travel trailers or farm tractors. Perimeter fence means an enclosure used as a boundary or means of providing protection, confinement, or privacy and is located along the limits of the developed area and is adjacent to an alley, utility easement, or right-of way. Page 7 of 32 11CODVFILD1GloballAgendaslDenton Property Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc Property means all privately owned occupied or unoccupied property, including vacant land, and/or a building designed or used for residential, commercial, business, industrial or religious purposes. The term "property" shall also include a yard, ground, wall, driveway, fence, porch, steps or other structure appurtenant to the property. Refuse means a heterogeneous accumulation of worn-out, used, broken, rejected or worthless materials including, but not limited to, garbage, paper or litter, and other decayable or nondecayable matter. Sound amplifying equipment means any machine or device for the sound amplification of the human voice, music, musical equipment, or any other sound. "Sound amplifying equipment" shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicles used only for traffic safety purposes. Street means the width between the boundary lines of a publicly or privately maintained way, any part of which is open to the public for vehicular travel. Temporary carport or auto shade cover means a structure that is easily moveable which supports a flexible membrane canopy used for the purpose of providing shade and/or weather protection for automobiles, trucks, recreational vehicles, boats, and similar vehicles. Trash and debri~s~ means all manner of refuse including, but not limited to junk, carrion, filth, garbage, impure or unwholesome matter, grass and weed clippings, paper trash, useless fragments of building material, rubble, useless household items, items of salvage such as scrap metal and wood, old barrels, old tires, objects that hold water for an extended time, tree and brush trimmings, and other miscellaneous wastes or rejected matter. Truc1~-tractor means amotor-driven vehicle designed and used primarily for drawing another vehicle and not constructed to carry a load other than a part of the weight of the vehicle and load to be drawn. Unauthorized means without the consent of the owner or without authority of law, regulation or ordinance. Unless the owner proves otherwise, lack of consent will be presumed under circumstances tending to show (1) the absence of evidence of specific authorization by the owner, (2) that the visual blight is inconsistent with the design and the use of the subject property, or (3) that the person causing the visual blight was unknown to the owner. Understory vegetation means any shrubs, trees (including saplings), brush, bushes, wildflowers, native grasses, or vines that make up the ecosystem surrounding trees in wooded areas. Understory vegetation does not include weeds. Vehicle means a device in or by which a person or property is or may be transported or drawn on a public highway, or on any waterway and shall include all motor vehicles, trailers, campers, camper shells, wheeled towing frames, recreational vehicles, truck-tractors, travel trailers, self propelled farm equipment, motor-boats or boat trailers. For the purposes of this Page 8 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc article, "vehicles" shall not include non-motorized bicycles, skateboards, roller skates, or any other non-motorized toy vehicle. Vibration (bass reverberation) means a temporal and spatial oscillation of displacement, velocity, or acceleration in a solid material created by the use or operation of a stationary loudspeaker, amplifier, musical instrument, or any other sound amplifying equipment. Any ground or structure-borne vibrational motion that is perceptible by sensation by touch, visual observation of moving objects, or means other than through the sense of hearing. Weeds means any vegetation other than shrubs, brush, vines, wildflowers, native grasses, bushes, trees, cultivated flowers, plants, grasses, and crops during their established growing seasons. Sec. 17-3. Motor vehicles and traffic. See Chapter 18 "Motor Vehicles and Traffic" of the Code of Ordinances of the City of Denton. Sec. 17-4. Home occupations. See Subchapter 12 "General Regulations" of the Denton Development Code. Sec. 17-5. Temporary uses, i.e., occasional sales, temporary storage, etc. See Subchapter 12 "General Regulations" of the Denton Development Code. Sec. 17-6. Home Owners' Associations. See Subchapter 12 "General Regulations" of the Denton Development Code. Sec. 17-7. Signs and advertising devices. Signs must be maintained in a structurally sound condition per Subchapter 15 "Signs and Advertising Devices" of the Denton Development Code. Sec. 17-8. Penalty provision. Any person violating any provision of the Denton Property Maintenance Code shall, upon conviction, be fined a sum not to exceed five hundred dollars ($500.00). If any person has been convicted or received a deferred adjudication for two or more violations of this Chapter and at least two of the violations have different offense dates and occurred on the same property, the person shall be considered a chronic offender if a third citation is issued for the same property within 24 months of the first violation. Any person violating any provision of the Denton Property Maintenance Code as a chronic offender shall, upon conviction, be fined a sum not less than three hundred dollars ($300.00) and not to exceed five hundred dollars ($500.00). Page 9 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc ARTICLE II. NOISE AND ODORS Sec.17-20. Noise. (a) Declaration of intent. It is hereby declared to be the policy of the City to minimize the exposure of citizens to the potential physiological and psychological harm of excessive noise and to protect, promote, and preserve the public health, comfort, convenience, safety, and welfare. It is the express intent of the City Council to control the level of noise in a manner that promotes commerce; protects the sleep and repose of citizens; promotes the use, value, and enj oyment of property; and preserves the quality of the environment. (b) Sound measurement criteria. For purposes of this ordinance, sound measurements will be made using the A-weighting scale on an approved sound-level meter, based on the reference sound pressure (0 dba). Measurement times will be no less than two minutes in length, and violations will be determined based on the highest registered reading in that measurement period. All measurement levels will be inclusive of any ambient noise that exists at the time of the measurement. (c) General noise violations. (1) It shall be unlawful for a person to make or cause any unreasonably loud, disturbing, or unnecessary noise, which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (2) It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (3) The following acts, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: a. The playing of any phonograph, television, radio, or any musical instrument in such manner or with such volume, so as to be clearly audible to a person in their residence, and 1. During the daytime, measure more than 65 dba on the A-weighting scale on an approved sound-level meter at more than 50 feet from the source; or 2. During the nighttime, measure more than 65 dba on the A-weighting scale on an approved sound-level meter at more than 50 feet from the source; or 3. During the daytime, in amulti-family dwelling, measure more than 50 dba on the A-weighting scale on an approved sound-level meter in any adjacent unit; or Page 10 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc 4. During the nighttime, in amulti-family dwelling, be clearly audible within any unit that is not the source of the sound. b. The use of any stationary loudspeaker, amplifier, musical instrument, or sound amplifying equipment in such a manner or with such volume so as to be clearly audible to a person in their residence, and 1. During the daytime, be of such intensity and volume so as to measure more than 65 dba on the A-weighting scale on a sound-level measuring device at more than 50 feet from the source; or 2. During the nighttime, be of such intensity and volume so as to measure more than 65 dba on the A-weighting scale on a sound-level measuring device at more than 50 feet from the source; or 3. During the daytime, in amulti-family dwelling, measure more than 50 dba on the A-weighting scale on an approved sound-level meter in any adjacent unit; or 4. During the nighttime, in amulti-family dwelling, be clearly audible within any unit that is not the source of the sound; or 5. At any time on Sunday; 6. Provided; however, that the City Council may make exceptions upon application for sound levels or hours of operation when the public interest will be served thereby. c. The creation of vibration or bass reverberations at any time that is perceptible inside a complaining person's residence, through the sense of touch, or through visual observation of moving objects, or through the sense of hearing. d. The use of any radio, stereo, amplifier, sound amplifying equipment, or other musical device installed or contained in a motor vehicle at a volume such that it is clearly audible to any person from more than 3 5 feet from the vehicle. e. The blowing of any steam whistle attached to any stationary boiler or the blowing of any other loud orfar-reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or as a warning of danger; f. The erection, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of 6:00 a.m. and 8:30 p.m. Monday through Friday from June 1 to September 30; between 7:00 a.m. and 8:30 p.m. Monday through Friday from October 1 to May 31; between 8:00 a.m. and 8:30 p.m. on Saturday; and between 1:00 p.m. and 8:30 p.m. on Sunday; provided, however, Page 11 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc that the City Council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and convenience; g. The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates or containers; h. The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theater, motion picture house, sale of merchandise, or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adj acent thereto. (d) Outdoor music festivals. At any outdoor music festival, it shall be unlawful for any person or group sponsoring the event to make, cause, allow, or permit any noise that: 1. Exceeds 70 dba on an approved sound-level meter when measured at the established perimeter of the event. 2. Provided, the City Council may make exceptions upon application for sound levels or hours of operation when the public interest will be served thereby. (e) Criminal penalty. (1) A person commits an offense if he violates or attempts to violate a provision of this chapter applicable to him. A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each day in which an offense occurs. An offense committed under this chapter is punishable by a fine of not more than five hundred dollars ($500.00). (2) Prosecution for an offense under subsection (a) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. Page 12 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc Sec.17-21. Odors. (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts or conditions, among others, are declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; (2) Offensive odors from privies and other similar places; (3) Offensive odors from the use or possession of chemicals or from industrial processes or activities which disturb the comfort and repose of persons of ordinary sensibilities; (4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or other things or substances; (5) Offensive odors from stagnant pools allowed to remain on any premises or from rotting garbage, refuse, offal or dead animals on any premises. ARTICLE III. INOPERABLE AND JUNK VEHICLES Sec.17-30. Authority to take possession of abandoned motor vehicles. (a) The police department may take into custody an abandoned motor vehicle found on public or private property. (b) The police department may employ its own personnel, equipment and facilities or hire persons, equipment and facilities to remove, preserve and store an abandoned motor vehicle it takes into custody. Sec.17-31. Notification of owner and lienholders of abandoned vehicle. (a) When an abandoned motor vehicle is taken into custody, the police department shall notify not later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and all lienholders of record pursuant to the Certificate of Title Act, Tex. Transp. Code ch. 501 or Tex. Parks and Wildlife Code §31.001, et seq. , that the vehicle has been taken into custody. The notice shall describe the year, make, Page 13 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc model and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the twentieth day after the date of the notice, on payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, or garagekeeper's charges if notice is under Tex. Transp. Code §683.032. The notice shall also state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lienholders of all right, title and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction. (b) If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in the official newspaper of the City is sufficient notice under this Article. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail and shall have the same contents required for a notice by certified mail in this section. (c) The consequences and effect of failure to reclaim an abandoned motor vehicle are as set forth in a valid notice given under this section. (d) The police department or an agent of the police department who takes custody of an abandoned motor vehicle is entitled to reasonable storage fees for: (1) A period of not more than 10 days beginning on the day the police department takes custody and continuing through the day the department mails notice as provided by this section; and (2) A period beginning on the day after the day the police department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed. Sec.17-32. Police department use of certain abandoned motor vehicles. (a) If an abandoned motor vehicle has not been reclaimed as provided by section 17-31, the police department may use that vehicle for police department purposes as provided by this section. (b) The police department may use the abandoned motor vehicle for police department purposes as long as the department considers it cost-effective. If the police department discontinues use of the abandoned motor vehicle, the department shall auction the vehicle as provided by section 17-3 3 . len. (c) This section does not apply to an abandoned motor vehicle with a garagekeeper's Page 14 of 32 11CODVFILD1GloballAgendaslDenton Property Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc Sec.17-33. Auction of abandoned motor vehicles. If an abandoned motor vehicle has not been reclaimed as provided by section 17-31, the police department may use the abandoned motor vehicle for police department purposes as provided by section 17-32 or sell the vehicle at a public auction. Proper notice of the public auction shall be given, and in the case of a garagekeeper's lien, the garagekeeper shall be notified of the time and place of the auction. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department and is entitled to register the purchased .vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle, the City shall reimburse itself for the expenses of the auction; the costs of towing, preserving and storing the vehicle that resulted from placing the abandoned motor vehicle in custody; and all notice and publication costs incurred under section 17-31. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage and all notice and publication costs that result from placing another abandoned vehicle in custody, if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs. Sec.17-34. Disposal of abandoned vehicle by demolition. (a) If an abandoned motor vehicle is not reclaimed in accordance with section 17-31, the State Department of Highways and Public Transportation, on notification of that fact by the applicant, shall issue the applicant a certificate of authority to sell the motor vehicle to a demolisher for demolition, wrecking or dismantling. A demolisher shall accept the certificate in lieu of the certificate of title to the motor vehicle. (b) The State Department of Highways and Public Transportation may issue the applicant a certificate of authority to dispose of the motor vehicle to a demolisher without following the notification procedures of section 17-31 if the motor vehicle is more than eight years old and has no engine or is otherwise totally inoperable. (c) A person in possession of an abandoned vehicle that was authorized to be towed in by the police department and that is more than eight years old and has no engine or is otherwise totally inoperable may, on affidavit of that fact and approval of the police department, apply to the State Department of Highways and Public Transportation for a certificate of authority to dispose of the vehicle to a demolisher for demolition, wrecking or dismantling only. Sec.17-35. Inoperable vehicles, inoperable motor vehicles, junked vehicles declared public nuisance; maintaining public nuisance prohibited. (a) An inoperable vehicle, inoperable motor vehicle, or junked vehicle that is visible from any right-of way or adjacent property and/or is considered detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of Page 15 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc minors, produces urban blight adverse to the maintenance and continuing development of the city, is declared to be a public nuisance. (b) It shall be unlawful for any person, owner, agent, occupant or anyone having supervision or control of any real property within the city to maintain a public nuisance as determined under this section. (c) It shall be unlawful for any person, owner, agent, occupant or anyone having supervision or control of any real property within the city to have more than one inoperable vehicle, inoperable motor vehicle, or junked vehicle upon their property. This subsection shall not apply to auto sales lots, vehicle repair businesses, and salvage yards as long as all inoperable and junk vehicles on these properties shall be kept in compliance with subsections (d), (e), (~, and (g). (d) Any inoperable vehicle, inoperable motor vehicle, or junked vehicle shall be screened from any right-of way or adj agent property by means of a solid opaque fence or shall be enclosed within a building. In no case shall any cover placed over an inoperable vehicle, inoperable motor vehicle, or junked vehicle constitute adequate screening. (e) Vehicle repair businesses may have up to five vehicles legally parked on the business property which are not screened from public view regardless of whether the vehicles are currently registered and inspected, provided that the vehicles are not wrecked, dismantled, partially dismantled, dilapidated, have broken window glass, or have one or more flat tires. (~ Auto sales lots are exempt from subsection (d) when operating incompliance with all State laws and any other City ordinances regulating auto sales, and which are not displaying vehicles that are wrecked, dismantled, partially dismantled, dilapidated, have broken window glass, or have one or more flat tires. (g) Vehicle repair businesses may not maintain inoperable or junk vehicles on their property in excess of 120 consecutive days. The vehicles on the property must be on the property for the purpose of repair. Additionally, a current, valid work order must be maintained for every vehicle. A current, valid work order is a work order that is 120 days old or less. (h) It shall be construed that a vehicle that is not demonstrated to be operable upon request of the designated City official is an inoperable vehicle. (i) An inoperable motor vehicle that remains inoperable for more than 30 consecutive days becomes a junked vehicle. (j) At no time shall a tarp or any cover not designed to cover a motor vehicle or vehicle be used as a cover for an operable motor vehicle or operable vehicle. Page 16 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc Sec.17-36. Procedures for abating nuisance; exception. (a) The City may abate and remove a junked vehicle or a part of a junked vehicle as a public nuisance from private property, public property or public rights-of way as provided in this section. (b) For such nuisance on private property, the City shall give not less than 10 days' notice stating the nature of the public nuisance on private property, that it must be removed and abated within 10 days and that a request for a hearing must be made before expiration of the ten- day period. The notice shall be mailed, by certified mail with afive-day return requested, to the last known registered owner of the junked motor vehicle, any lienholder of record and the owner or occupant of the private premises on which the public nuisance exists. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than 10 days after the date of the return. (c) For such nuisance on public property, the City shall give not less than 10 days' notice, stating the nature of the public nuisance on public property or on a public right-of way, that the nuisance must be removed and abated within 10 days and that a request for a hearing must be made before expiration of the ten-day period. The notice shall be mailed, by certified mail with afive-day return requested, to the last known registered owner of the junked motor vehicle, any lienholder of record and the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of way on which the public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than 10 days after the date of the return. (d) A public hearing shall be held before the removal of the vehicle or vehicle part as a public nuisance. The hearing shall be held before the City Council or official as designated by the City Council, if a hearing is requested by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of way on which the vehicle is located, within 10 days after service of notice to abate the nuisance. A resolution or order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site. (e) Notice shall be given to the State Department of Highways and Public Transportation not later than the fifth day after the date of removal. The notice shall identify the vehicle or vehicle part. The department shall immediately cancel the certificate of title to the vehicle pursuant to the Certificate of Title Act, Tex. Transp. Code ch. 501. (f) The procedures in this section shall not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or an unlicensed, operable or inoperable antique or special interest vehicle stored by a collector on the collector's property, if the vehicle and the outdoor storage area are maintained in Page 17 of 32 11CODVFILD1GloballAgendaslDenton Property Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means. Sec.17-37. Disposal of junked vehicles. A junked vehicle or vehicle part may be disposed of by removal to a scrapyard, demolisher or any suitable site operated by the City for processing as scrap or salvage. The process of disposal must comply with the provisions of section 17-36. The City may transfer the vehicle or vehicle parts to a disposal site if the disposal is only as scrap or salvage. Sec.17-38. Enforcement. The person authorized by the City Council to administer the procedures authorized by this division may enter private property as authorized by law for the purposes specified in the procedures to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. A person may be authorized by law to enter private property in the following circumstances: 1) with consent of the owner or person in control of the property; 2) with a valid warrant issued by a magistrate; or 3) when the private property is open to the public. ARTICLE IV. GRASS AND WEEDS Sec. 17-40. Grass and weeds in excess of twelve inches in height declared a nuisance and prohibited. (a) It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the City to fail to remove any weeds and grass growing in excess of 12 inches in height on said real property, including easements and rights-of way. Right-of way maintenance is from the property line to the curb or, if no curb exists, from the property line to the street. It is a violation of this section if the tall grass and weeds are visible from aright-of way or an adjacent property. (b) It shall be unlawful for any owner or occupant of any property within the city to fail to remove understory vegetation growing within one foot of the street or alley adjacent to that private property. It shall be a defense to prosecution if the understory vegetation does not obstruct the view of any operators of motor vehicles on any streets, driveways or alleys. (c) It shall be unlawful for any owner or occupant of any property within the city to fail to remove limbs existing lower than 13.5 vertical feet above a street, 7 feet above a sidewalk, or 12 feet above an alley. Page 18 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc However, it shall be a defense to prosecution under this subsection if the trees do not obstruct the safe passage of vehicles, including fire and emergency vehicles, sanitation vehicles, recreation vehicles, or busses. (d) It shall be unlawful for any owner or occupant of any property within the City to fail to remove any weeds and grass growing upon the surface of an improved right-of way. (e) The provisions of this section shall not apply to any area greater than 100 feet from any open street or thoroughfare, as measured from the right-of way line of such street or thoroughfare, and greater than 100 feet from any adjacent property under different ownership and on which any building is located or on which any improvement exists, as measured from the property line for lots, tracts, or parcels of land of five or more acres. (~ Property designated as an Environmentally Sensitive Area ("ESA") per Subchapter 17 of the Denton Development Code and/or required by an ordinance to be maintained in a natural state are exempt from these provisions. (g) Property included as part of a conservation easement shall be exempt from these provisions. (h) Undeveloped lots with understory vegetation shall be exempt from these provisions. Sec.17-41. Defenses and responsibilities. It shall be a defense to prosecution under article IV that the vegetation is any of the following: (1 } Agricultural crops, except grass and hay, unless subsection (2) stated below applies; (2) Hay that is grown within its designated growing season for the specific purpose of cultivation and is a part of a predominantly homogeneous plant population may be grown to any height provided it is located no closer than 20 feet to an adjacent property under different ownership and on which any building or improvement exists; (3) Cultivated trees; (4) Cultivated shrubs; (5) Understory vegetation; (6) Flowers or other decorative ornamental plants and grasses under cultivation; (7) Wildflowers, but only until such time as seeds have matured following the final blooming of the majority of the plants; or Page 19 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc (8) Native grasses, but only until such time as the majority of a species have gone dormant. Sec.17-42. Additional authority to abate dangerous grass or weeds. (a) The City may go upon property and do or cause to be done the work necessary to obtain compliance with this article without notice when: (1) Grass or weeds have grown higher than 48 inches; and (2) Are an immediate danger to the health, life, or safety of any person. (b) No later than the tenth day after the date the City causes the work to be done under this section, the City shall give notice to the property owner in the manner required by Article XI of this code. (c) The notice shall contain: (1) An identification, which is not required to be a legal description, of the property; (2) A description of the violations of the article that occurred on the property; (3) A statement that the City abated the weeds; (4) An itemized statement of the charges incurred by the City in doing or in having such work done as necessary to bring the real property into compliance with this article; and (5) An explanation of the property owner's right to request an administrative hearing about the City's abatement of the weeds. (d) Appeal of costs imposed. Within 15 days of the date the statement of costs is mailed to the owner of the premises, the owner may appeal the reasonableness of the charges billed for abating the condition to the City Council by filing a written statement with the City Council, stating why the charges are unreasonable. The appeal shall be submitted to the City Council for review within a reasonable time after filing. If the City Council finds the charges unreasonable, it shall assess the costs as it deems reasonable. The administrative charge shall not be appealable. (e) The City may assess expenses and create liens under this section as it assesses expenses and creates liens as provided in this article. Sec.17-43. Tree preservation and maintenance; landscape maintenance. See Subchapter 13 "Site Design Standards" of the Denton Development Code. Page 20 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc ARTICLE V. TRASH AND DEBRIS Sec.17-50. Trash and debris declared a nuisance and prohibited. (a) It is unlawful and declared a nuisance for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the City, to fail to remove any refuse, trash, debris, filth, carrion, junk, or garbage from any such real property, including easements and rights-of way. It is a violation of this section if the refuse, trash, debris, filth, carrion, junk, or garbage is visible from aright-of way or an adj acent property. (b) It is unlawful to maintain premises in a manner that creates unsanitary conditions that attract or harbor mosquitoes, rodents, vermin, ordisease-carrying pests. ARTICLE VI. OUTSIDE STORAGE AND OUTSIDE DISPLAY Sec.17-60. Outside storage. In addition to complying with EPA regulations, the International Fire Code, and all other applicable rules and regulations, outside storage shall comply with the following: (a) Shall be located in the side or rear yard only and shall be opaquely screened from public view at all times in conformance with Section 35.13.8 of the Denton Development Code. 1. Children's play equipment, smokers, barbeque grills, and furniture or appliances designated for outdoor use within a residential zoning district shall be exempted from the screening requirements of these regulations. 2. Outdoor furniture may be maintained in the front yard. Said furniture shall be maintained in good repair. (b) Shall be maintained so as not to become a nuisance to the public or to any adjoining property. It shall be a defense to prosecution that a washer and/or dryer is maintained outdoors on residential properties at which the only washer and/or dryer connection is outdoors. Sec.17-61.Outside display. Outside displays shall comply with the following criteria: (a) Shall be arranged in an orderly manner and is part of an authorized retail business that is located in zoning districts that allow retail sale. (b) Shall not be displayed in a manner that creates an unsafe condition or obscures any sight visibility line or sight visibility triangles. Page 21 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc (c) Shall not be located on any public property; within an easement; within a designated fire lane; within any required parking spaces; or located so as to obstruct safe vehicular or pedestrian passage, ingress or egress. (d) Shall be maintained so as to not become a nuisance to the public or any adjoining property. Sec.17-62. Solid waste container maintenance. See Chapter 24 "Solid Waste" of the Code of Ordinances of the City of Denton. ARTICLE VII. ENVIRONMENTAL NUISANCES Sec.17-70. Stagnant water. (a) It shall be unlawful and considered a public nuisance for any person owning, leasing or occupying real property, within the limits of the City of Denton, to fail to remove the accumulation or ponding of standing, stagnant, or non-maintained water thereon or permit the same to remain, which may harbor or be a breeding ground for mosquitoes, flies, or other pests, or which may cause a foul odor, or adversely impact the public health and safety by any means. Accumulations or ponding of water shall not exceed aforty-eight-hour period under normal rainfall conditions as described by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration National Weather Service (NOAA). (b) A finding by a code enforcement officer or heath inspector of the City of Denton shall constitute prima-facie evidence that standing, stagnant, or non-maintained water is conducive to the breeding or harboring of mosquitoes or other insects. Potential tools to make this finding may include measures of water turbidity, the presence of excessive organic matter in the water, the presence of foul odors, visually apparent algal growth, or the presence of mosquitoes, flies, or other pests. The presence of mosquito larva is not required for standing, stagnant, ornon-maintained water to be classified as a public nuisance. (c) It shall be unlawful for any person, owner, agent, occupant or anyone having supervision or control of any real property within the city to maintain a public nuisance as determined under this section. (d) It shall be the duty of said persons to abate nuisances described in this article by: (1) Draining, filling or re-grading any lots, ground, or yards which have standing or stagnant water thereon; or (2) Treating the area with material, either natural or man-made that will eliminate any offensive odor and render the area harmless to the public health and eliminate the potential breeding ground for mosquitoes, flies, or other pests. Page 22 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc (e) It shall be the duty of said persons to maintain items that are capable of collecting water, including but not limited to birdbaths, fountains, reflecting pools or ponds, private or semi-private swimming pools or other items so that they cannot harbor or be a breeding ground for mosquitoes, flies, or other pests or which may adversely impact the public health and safety or create an o or nuisance. ARTICLE VIII. FENCES Sec.17-80. Maintenance of perimeter fences. (a) An owner shall maintain all perimeter fences in sound structural condition. (b) All perimeter fences, including those existing prior to the adoption of this chapter, shall be maintained at all times in a state of good repair with no broken, loose, damaged, removed or missing parts, and in safe and secure condition with all braces, bolts, nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand the wind pressure for which they were designed. (c) Perimeter fences shall not lean at an angle from the vertical plane any greater than five degrees. (d) Perimeter fence repairs shall be made using the same material, or a very similar material with comparable composition, color, size, shape, and quality of the original fence to which the repair is being made. (e) If fifty percent (50%) or more of the length of one side of a perimeter fence that is made of non-permitted material(s) is broken, damaged, removed, or missing parts, the entire length of said side of the fence shall be replaced in accordance with the requirements of the Denton Development Code. However, it is a defense to prosecution if the perimeter fence to be replaced is barbed wire, razor wire, or electrified wire, if the fence is associated with a legally permitted agricultural or industrial use. However, it is a defense to prosecution if the perimeter fence to be replaced is of chain link construction. (~ All areas between the fence or wall and the back of the curb, the edge of the street, or any adjacent property shall be maintained in a manner that is clear of trash and debris and high grass and weeds at all times. (g) It is a defense to prosecution under subsection (a), if an owner completely removes a fence which was in disrepair, provided that the owner is not required to keep a fence pursuant to any other law or regulation. Sec.17-81. Applicability of other laws regarding fences. Page 23 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc Nothing in this article shall limit any other requirements regarding fencing, including but not limited to requirements established by the following: (a) Homeowner's Associations; (b) The Denton Development Code; (c) Regulations relating to businesses where alcohol. is sold; (d) Regulations regarding swimming pool fences; (e) Zoning requirements; and (~ Any other applicable local, state, or federal law regarding fencing requirements. ARTICLE IX. TEMPORARY CARPORTS OR AUTO SHADE COVERS Sec.17-90. Temporary carports and/or auto shade covers prohibited. The use of temporary carports and/or auto shade covers are expressly forbidden in both residential and commercial districts in the City with exceptions for licensed car dealerships whose structures are incompliance with other City ordinances and laws. ARTICLE X. CERTAIN PARKING REGULATIONS Sec. 17-100. Vehicles for sale. (a) No vehicle for sale may be parked or stored on any right-of-way or easement except those lawfully parked upon a city street. (b) No vehicle for sale may be parked or stored within 20o feet of the right-of way or easement on vacant lots or on commercial properties that do not have a Certificate of Occupancy to operate as a new or used car dealership. Sec. 17-101. Parking nuisances. (a) Parking regulations. It is a nuisance and shall be deemed illegal for any person to park in violation of the following provisions: (1) It shall be unlawful for a person to park or store or allow another to park or store a vehicle in the front, side, or rear yard of any property upon any surface other than an improved parking surface. Page 24 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc (2) See the Denton Development Code and the Transportation Criteria Manual for allowed materials and construction specifications for parking surfaces for properties other than single-family homes and duplexes. (3) For single-family homes and duplexes, if an improved parking surface exists in a front, side, or rear yard, any improved parking surfaces that are added shall be attached in a parallel fashion to create a contiguous parking surface. The added parking surface shall be constructed of the same material as the existing parking surface and shall not exceed: 12 feet in width, the maximum lot coverage as specified in the Denton Development Code, or encroach within three feet of a neighboring property line. If the added parking surface runs parallel to a sidewalk, there must be at least five feet between the edge of the sidewalk that is closest to the property line and the added parking surface. (4) Single-family homes and duplexes may use gravel for existing dirt driveways, excavated and poured to a 4" depth and bordered to create a parking surface level with the existing driveway. (5) Single-family homes and duplexes that have existing concrete, parallel parking ribbons may maintain said as improved parking surfaces as long as said concrete surfaces are maintained in good and safe condition. Any improved surfaces added for the purpose of parking vehicles shall be attached in a parallel fashion to the existing parking surface and shall be constructed in the same manner and of the same material as the existing parking surface. (6) For single-family homes and duplexes, if no improved side or rear yard parking surface exists which to attach an added improved parking surface, the vehicle may be placed in the side or rear yard provided that the vehicle is concealed from view from all points along streets and alleys by a solid, opaque fence or wall providing full screening from the ground to a minimum height of six feet, or stored in an enclosed structure. Any fencing must be in compliance with the Denton Development Code and all applicable ordinances and laws regarding fencing. See the Denton Development Code for accessory structure regulations. (7) Vehicles screened as provided for in 17-101(a)(6) may forgo the improved parking surface requirement in subsection (1). (8) Added parking surfaces shall not be located within an easement or right-of way, or obscure any sight visibility line or sight visibility triangle. (9) It shall be unlawful for any person to park any vehicle or store any goods in or upon any right-of-way. (10) This section shall not apply to a vehicle legally parked on a public street or highway. For the purposes of this section, aright-of way shall include: (a) the entire width of all public streets and highways including any shoulders Page 25 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc of these roadways; (b) the entire width of any alleys; and (c) all other public easements, including any easements running adjacent to any public roadways and alleys. (11) It shall be unlawful for any person to park or store or allow another to park or store a vehicle on any surface on any unimproved lot, easement, or right-of way. (12) It shall be unlawful to use a vehicle for living or sleeping quarters, or for the storage of trash, debris or personal property not normally associated with the vehicle. (13) Residential properties with homesteads that exceed two acres may have a total of five pieces of operable agricultural equipment, two of which may be trailers, parked on an unimproved surface. The surface must be located 15o feet from the street and adjacent properties and behind the front building line. Additionally, the agricultural equipment may not be parked on any easement or right-of way. Agricultural equipment is equipment used for farming operations that is not required to be registered by the State of Texas. (b) Maintenance of improved parking surfaces. It shall be unlawful for any person to fail to maintain all improved parking surfaces in good and safe condition, and free of any defects affecting the use, safety, and drainage of the surface or of the adjoining property. ARTICLE XI. ABATEMENT PROCEDURE FOR GRASS AND WEEDS; TRASH AND DEBRIS; OUTSIDE STORAGE AND OUTSIDE DISPLAY; ENVIRONMENTAL NUISANCES; FENCES; TEMPORARY CARPORTS; AND CERTAIN PARKING REGULATIONS Sec. 17-110. Failure of owner to comply with article provisions; issuance of notice. If any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the City, fails to comply with the provisions of this article, it shall be the duty of the city manager or his duly appointed representative to give a minimum of 10 days' written notice to such person violating the terms of this article. Sec. 17-111. Service of notice. Notice of the violation may be delivered to the owner or occupant in person, by notice left at the location, mailed to the occupant's address, or mailed to the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located, and delivered by United States mail. Rental property notifications shall be sent to both the owner and occupant. Page 26 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc The property will be reinspected no sooner than after 10 days of the date on the notice. If the property is not incompliance at this time, citations maybe issued. Sec. 17-112. Contents of notice. In a notice provided under this article, if the owner or occupant commits another violation of the same kind or nature that poses a danger to public health, safety, or welfare on or before the first anniversary of the date of the notice, the City without further notice, may correct the violation at the owner's expense and assess the expense against the property. Sec. 17-113. City may correct violation. (a) Procedure. If at least 10 days has expired after notice has been given in accordance with section 17-111 and the owner has failed to correct the violation, the City may enter upon the property and do the work, or pay for the work to be done, as necessary to correct the violation. If the owner commits another violation of the same kind or nature on or before the first anniversary of the date of a notice of a violation as required in section 17-120 and the City has not received written notification by the owner of an ownership change, the City without further notice may correct the violation at the owner's expense and assess the expenses against the property as provided by this section. (b) Owner assessed costs. A statement of the costs incurred by the City in correcting a violation shall be mailed to the property owner. The costs shall include an administrative fee established by the City Council and on file in the office of the city secretary. The payment shall be due within 30 days of the date of mailing. (c) Lien to ~S~ecure costs. If the statement is not timely paid, the City may file a statement with the county clerk of the costs incurred, including administrative costs. Upon filing the statement, the City shall have a privileged lien on the land upon which the costs were incurred, second only to tax liens and liens for street improvements. The amount of the lien shall include 10 percent on the delinquent amount from the date payment was made by the City. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the City. To collect the costs, suit may be instituted and recovery and foreclosure had in the name of the City. (d) Appeal of costs imposed. Within 15 days of the date the statement of costs is mailed to the owner of the premises, the owner may appeal the reasonableness of the charges billed for abating the condition to the City Council, or its designee, by filing a written statement with the City Council, or its designee, stating why the charges are unreasonable. The appeal shall be submitted to the City Council, or its designee, for review within a reasonable time after filing. If the City Council, or its designee, finds the charges unreasonable, it shall assess the costs as it deems reasonable. The administrative charge shall not be appealable. ARTICLE XII. GRAFFITI Sec. 17-120. Declaration of public nuisance. Page 27 of 32 11CODVFILD1GloballAgendaslDenton Property Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc Graffiti is declared to be a public nuisance. Whenever the existence of graffiti on any property within the city shall come to the attention of a designee, the designee shall cause a written notice as provided in this article identifying the graffiti and direct its removal. In addition to the penalty provided in this division, the City shall have all remedies available at law and equity to abate such nuisance. Sec. 17-121. Owner responsibility. (a) An owner of property commits an offense if, after notification by the City, the owner fails to paint over or remove all graffiti from the owner's property that is visible from any public property or right-of way or from any private property other than the property on which the graffiti exists. (b) The property will be reinspected no sooner than 14 days after the date on the notice. If the property is not in compliance at that time, a citation may be issued. The notice shall contain: (1) The date and nature of the violation; (2) Physical location of the violation by street address; (3) Name of owner; and (4) If the condition is not corrected within 14 days of receipt of such notice or the owner fails to file an appeal within 14 days of receipt of notice to the designee, the City may, without further notice, enter upon the property by its agent or its contractors, remove the graffiti and charge the costs incurred to the owner. If the graffiti is removed by the City, the cost may be charged to the property owner and a lien may be filed against the property. (c) Notice of the violation may be delivered to the owner or occupant in person or by notice left at the location. Notice of the violation shall be mailed to the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located, and delivered by United States mail. If the owner cannot be found or the notice is returned by the United States Postal Service as undeliverable, then the owner maybe notified by: (1) Publication at least twice within 10 consecutive days; (2) Posting notice of the violation on or near the front door of each building on the property in violation; or (3) If the property contains no buildings, posting the notice of a violation on a placard attached to a stake driven into the ground on the property. Page 28 of 32 11CODVFILD1GloballAgendaslDenton Property Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc (d) An owner maintains a public nuisance if he fails to remove graffiti or refuses to allow graffiti to be removed from his property after having been notified by the City or in the event of appeal, upon order by the designee. Sec. 17-122. Imposition of civil penalty for applying, permitting, or allowing graffiti. (a) The City Council finds and determines that graffiti applied to any natural or man- made surface on public or private property creates an objectionable, or unsightly condition that damages the surrounding homes and businesses in the community. (b) Any person who applies or creates graffiti, or any parent who knowingly permits or by insufficient control allows their minor child to apply graffiti to any natural or man-made surface or any public property is liable for a civil penalty. (c) The civil penalty for which the person or parent is liable is the fees and cost incurred for removing the graffiti, plus a $125.00 fine for the first removal, provided that for a third or subsequent offense in any twelve-month period, the amount of the penalty fine shall be a minimum of $200.00 but will not exceed $500.00. (d) The civil penalties collected will be placed in reserve or used exclusively in City initiated abatement proceedings. (e) Civil enforcement; procedures. (1) The designee is responsible for the enforcement and administration of this article. (2) In order to impose a civil penalty under this section of the article, the designee shall send a notice of violation to the person or parent liable for the civil penalty not later than the 30th day after the date the graffiti is alleged to have been removed. A notice issued under this section of this article shall be sent to: a. The last known address of the person or parent of the accused minor; or b. Hand-delivered in person to the person or parent of the accused minor alleged to be responsible for the civil penalty. (3) A notice of violation issued under this article shall contain the following: a. A description of the violation alleged; b. The location where the violation occurred; c. The date and time of the violation or when the violation was discovered; d. The name and address of the owner of the property involved in the violation; Page 29 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc e. A copy of a recorded image of the graffiti involved in the violation; f. The amount of the civil penalty to be imposed for the violation, including the fees and costs for removal of the graffiti; g. The date by which the civil penalty must be paid; h. A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty; and i. Information that informs the person or parent named in the notice of violation: (i) Of the person's or parent's right to contest the imposition of the civil penalty against the person in an administrative adjudication; (ii) Of the manner and time in which imposition of the civil penalty may be contested; (iii) That failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and that failure to appear at an administrative adjudication hearing after having requested a hearing is an admission of liability; and (iv) That failure to pay the civil penalty within the time allowed shall result in the imposition of alate-payment fee of $50.00. (4) A notice of violation under this article is presumed to have been received either on the fifth day after the date the notice of violation is mailed or on the date personal delivery is made to the person or parent of the accused minor alleged to be responsible for the civil penalty. (5) In lieu of issuing a notice of violation, the Department may mail a warning notice to the owner that, in addition to any other information contained in the warning notice, must contain the information required by subsection (c). (~ Administrative adjudication hearing. (1) A person who receives a notice of violation under this article may contest the imposition of the civil penalty by requesting in writing an administrative adjudication of the civil penalty within the time provided in the notice (which period shall not be less than 14 days following the mailing of the notice). Upon receipt of the request, the director shall notify the person of the date and time of the hearing on the administrative adjudication. The administrative adjudication hearing shall be held before one or more hearing officers appointed by the city manager. Page 30 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc ~2~ Fa11Ure t0 pay a Clvll penalty Or t0 COnteSt llablhty 111 a tlmely manner 1S an admission of liability in the full amount of the civil penalty assessed in the notice of violation and constitutes a waiver of the right to appeal under this section. (3) Failure to appear at an administrative adjudication hearing after having requested a hearing is an admission of liability for the full amount of the civil penalty assessed in the notice of violation and constitutes a waiver of the right to appeal under this section. (4) A person or parent who fails to pay a civil penalty within the time allowed by this article shall be additionally liable for alate-payment penalty in the amount of $50.00. (5) The civil penalty shall not be assessed if after a hearing, the hearing officer(s) enter(s) a finding of no liability. (6) A person or parent who is found liable after an administrative adjudication hearing or who requests an administrative adjudication hearing and thereafter fails to appear at the time and place of the hearing is liable for administrative haring costs in the amount of $50.00 in addition to the amount of the civil penalty assessed for the violation. A person or parent who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty and costs within 10 days of the hearing. (7) In an administrative adjudication hearing, the issues must be proven at the hearing by a preponderance of the evidence. (8) A person or parent who is found liable after an administrative adjudication hearing may appeal that finding of liability to the Municipal Court by filing a notice of appeal with the clerk of the Municipal Court. The notice of appeal must be filed not later than the 31st day after the date on which the administrative adjudication hearing officer entered the finding of liability and shall be accompanied by the payment of an appellate filing fee of $50.00. Unless the person, on or before the filing of the notice of appeal, posts a bond in the amount of the civil penalty and any late fees, an appeal does not stay the enforcement of the civil penalty. An appeal shall be determined by the Municipal Court by trial de novo. Any affidavits submitted under this section shall be admitted by the municipal judge in the trial de novo, and the issues must be proven by a preponderance of the evidence. (g) Effect of liability; exclusion of civil remedy; enforcement. (1) The imposition of a civil penalty under this section is not a conviction and may not be considered a conviction for any purpose. (2) The city attorney is authorized to file suit to enforce collection of a civil penalty assessed under this article. SECTION 3. Chapter 20 "Nuisances" of the Code of Ordinances is hereby repealed in its entirety. Page 31 of 32 11CODVFILD1GloballAgendaslDentonProperty Maintenance Code -Articles I-XII -Final Draft (Feb. 17, 2009).doc SECTION 4. Chapter 21 "Offenses" of the Code of Ordinances is hereby amended by repealing sections 21-5 1, 21-55, and 21-56. SECTION 5. Chapter 35 "Zoning" of the Code of Ordinances is hereby amended by repealing the definition of "Occasional Sales" in Section 35-76 "Definitions and Explanations." SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 7. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 8. This ordinance providing for a penalty shall become effective 14 days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within 10 days of the date of its passage. PASSED AND APPROVED this the day of 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 32 of 32 AGENDA INFORMATION SHEET AGENDA DATE: February 17, 2009 DEPARTMENT: Water, Wastewater, Engineering ACM: Howard Martin, ACM Utilities, 349-8232 SIJB,TECT Receive a draft report and discuss the Water, Wastewater, and Engineering Management Study performed by Matrix Consulting Group; and discuss, deliberate, consider, accepting report as the final. BACKGROUND All city utilities are required by the City Charter to conduct a management study every 10 years. This was discussed with the Public Utility Board on November 12, 2007, and based on that discussion a RFSP was issued for a firm, or combination of firms to review Water, Wastewater and Engineering support service On March 24, 2008, Matrix Consulting Group was approved to provide the management study. The study was adjusted to remove the Customer Service review and combine that Item with a similar item being reviewed by the Electric management study. The study was outlined as follows: Task 1-DWU Organization Structure and Staff Level Review A) Identify and discuss the strengths, weaknesses, and maj or risks associated with the staffing, management, and operation of DWU. B) Compare DWU's organizational structure and staff levels with industry standards for a rapidly growing utility. Task 2 -Service Policies and Growth Management Identify the strengths and weaknesses associated with management and service policies as they relate to: 1. Service extension policies 2. Impact of significant population growth on existing service level policies 3. Policies and strategies for sufficient rate stabilization and fund balance 4. Strategic options for meeting the growing demands for utility support for development. Task 3 -Support Services 1. Review and offer recommendations as it relates to the multiplier approach for cost of service for engineering services. 2. Review current practices for providing engineering data and provide recommendations and benchmarking as it relates to outsourcing workload. OPTIONS 1) Accept the draft report presented as the final report. 2) Provide direction in finalization of the report. RECOMMENDATION Staff recommends accepting the Water, Wastewater, and Engineering Management Study draft report as the final report. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A prior management study was approved and performed in 1998. This item was presented to the Public Utilities Board on January 26, 2009. FISCAL INFORMATION The study was budgeted for in the Water and Wastewater budgets for a total not to exceed $59,000. Water and Wastewater paid an additional amount of $28,108 for their portion of a broader review of customer service which was completed by Navigant Consulting in conjunction with the Electric management study. BID INFORMATION RFSP No. 3962 EXHIBITS 1. Report draft summary 2. 2008 Water, Wastewater and Engineering Management Study Report (under separate cover) 3. PUB Minutes Respectfully submitted: ~~ - Jim D. Coulter, Director Water Utilities Prepared by: .~.~. .~/ Susan E. Croff Utilities Process/Quality Control Auditor Matrix of the 2008 Water, Wastewater and Engineering Management Study Department (pg) Opportunities for Improvement pg. 1- 2 Summary II. PROFILE pg. 3 - 38 Review of the organization today III. DIAGNOSTIC ASSESSMENT AND BEST MANAGEMENT PRACTICES 1 General Administration 45 46 47 2 Wastewater Operations -General 48 49 50 3 Wastewater Operations -Collections 51 4 Wastewater Operation -Plant 52 53 5 Water Operations and Distribution 54 51 Data collected suggest there are minimal consistent monthly or quarterly reports re ared in order to ensure erformance objectives are accom lisped. This fif ear lan outlinin strate is direction has not et been a dated. If practical, linkage between department strategic objectives and individual performance expectations should be specifically memorialized in all annual SOPS, such as those developed by wastewater collections in 6198, have not been u dated in some time. Information has not yet been completely centralized in a CMMS, GIS, or other databas that is reflective of advanced asset mana ement ractices. The department should develop a supplement handbook for just department employees. There remain some vulnerabilities such as relatively unhindered access to the laborato . The system is not being fully utilized as part of a formal maintenance management system to report actual versus planned performance, actual versus planned service levels, etc. and use the attendant reports in on-going management decision-making. The water and wastewaters stems are rode endent CMMS software roducts. Data has not et been ca tured to determine these ro ortions Continuous improvements are being made to SCADA including remote access via la to . Not all recision maintenance technolo ies have been ado ted. A comprehensive list of training hours received is not available; however, based on interview the fo hour benchmark is enerall not achieved. Customer satisfaction with wastewater, water, or engineering development review services is not routinel monitored, Number of sewer overflows last ear - 41 Standardized written fmdin are currentl not erformed consistentl . A formal skills assessment and trainin lan has not been develo ed Are lacement reserve has not been established for laborato e ui ment Areas to the far east, west, and southwest have some identified vulnerabilities with ca aci and dead-end mains. Elevated stora e tanks for the middle ressure zone are needed. The system is not being fully utilized as part of a formal maintenance management system to report actual versus planned performance, actual versus planned service levels, etc. The water and wastewater systems are independent and ideally should be one consolidated CMMS. Res onse time is currentl not tracked in the work order trackin s stem. 1 Matrix of the 2008 Water, Wastewater and Engineering Management Study Department (pg) Opportunities for Improvement 56 10" or larger valves are exercised semi-annually, not annually. Valve exercising is not distin uished b size. 58 Are lacement reserve has not been established for laborato e ui ment 6 Engineering Services -General 59 There is currently no linkage of staff time requirements to projects reflected in the city' CIP. 55 More consistent updating of schedules and implementation of regular project status re orts. An automated ro'ect mana ement s stem has not et been ac uired. Additional consistency in the implementation and utilization of project management laps schedules and re ort is desired. A contin enc needs to be bud eted for in the CIP on a more consistent basis. 60 End-user customers have indicated that they do not have comprehensive and regular re orts to effectivel monitor ro'ects~ The extent to which such information is captured is perceived by some to be onerous. Overhead rates are ur orted to be excessive. Currently there are no formal processes to keep the customer regularly informed re ardin CIP ro'ect ro ress issues etc. There are no original estimates of staff time to compare actual time against projected benchmarks. As suggested previously, formal information is not regularly provided to the internal customer rior or Burin ro'ect develo ment. 61 Inspectors should use information gathered to participate in schedule updates and status re ortin . Information should be tracked in a database to improve accessibility and information searches. 62 This ractice should be accom lished on all CIP ro'ects. As ractical, scan and electronicall archive ro'ect data. 7 Development Review 63 Actual full implementation of the one-stop shop has to be improved as developers still meet with utili and en ineerin staff at their facili location. There is a perception that some applications, regardless of submittal quality, must be acce ted de endent a on the develo er rovidin the information. 64 The develo ment review rocess is erceived as onerous b in-house staff. Sentiment has been expressed regarding inconsistency in the interpretation and application of internal policies, development specs and design criteria that help frame effective develo ment review rocessin Nov 2004 re ort . It is unlikely, given the amount of time dedicated to development review by the various de artments that full cost recove is accom lished. Based on the last amendment the fees are not a dated on an annual basis. IV. SUMMARY OF THE COMPARATIVE SURVEY Matrix of the 2008 Water, Wastewater and Engineering Management Study Department (pg) Opportunities for Improvement Denton's wastewater influent treatment process is generally more sophisticated than the Water and Wastewater Summary 80 other agencies. Denton performs sewer televising on an as-needed basis based upon SCRAPS (Sewer Cataloguing, Retrieval and Prioritization System) methodologies, whereas many other agencies have developed an on-going televising program. The methods used for construction of both wastewater and water infrastructure is vane dependent upon agency with construction performed in-house, by contract, and also some combination of both services. Computerized Maintenance Management Systems for both water and wastewater have not yet received widespread implementation and/or consistent use among the utilities. Denton is relatively common place compared to the other agencies as it relates to how Engineering Summary 83 different engineering duties and responsibilities are performed. Whereas some agencies have not adopted an engineering charge-back process, Denton has appropriately done so, as this is a best management practice. Engineering is co-located with utility services in the city of Wichita Falls but not in other comparative organizations. V. STAFFING, WORK PRACTICES AND SERVICE LEVELS. Water Operations (I) Water Production Operations 1.1 88 1.2 89 1.3 90 Recommendation 93 1.4 Recommendation 94 1.5 Recommendation 95 (2) Water Production Maintenance 2.1 2.2 98 Recommendation 105 2.3 Recommendation 2.4 Recommendation 106 (3) Water Production Electric Water Production Operations Provides a High Quality of Service as Reflected by Water Quality Reporting. Water Production Operations is Efficient in That it Produces Water Well Below Identified Benchmarks. The Number of Water Production Operators Needed is Contingent Upon Various Factors. Continue to authorize one (I) Manager and sixteen (16) leadloperator positions in Water Production Operations. Fill fifteen positions as soon as practical leaving the sixteenth position as a budgeted "over-hire" position designed to address future turnover. Future Staffing Levels in Water Production Operations are Contingent Upon Facility or Regulatory Modifications. Link future Water Production Operations staffing changes on future plant modifications. Develop future staffing plans resulting from each "major" plant upgrade/expansion. As Practical, Continue to Cross Train all Operator Staff Such That They Can Effectively Operate at Both Plants. Continue to cross-train Water Operations Production staff to operate at both plants. Limited Workload Data of Sufficient Detail Regarding Water Maintenance Activities Significantly Impacts the Ability to Evaluate Staffmg Levels, Efficiency and Effectiveness. Based Upon Work Order Turnaround Time and Backlogs, There Appear to be Work Practice or Service Levels Issues Associated with Water Production Maintenance Work. Authorize one (I) Manager and seven (7) technician/mechanic positions in Water Production Maintenance, one position above current authorized levels, at an estimated additional cost of X35,000 annually in salary and benefits. Use the present seasonal maintenance worker positions to provide landscape and other support services, as necessary. Similar to Operations, Future Staffing Levels in Maintenance are Contingent Upon Facility or Regulatory Modifications. Developing Accurate Staffmg Estimates Requires Improved Use of Existing Systems. Link future Water Production Maintenance staffing changes on future plant modifications. Develop future staffing plans resulting from each "major" plant upgrade/expansion. Some Additional Work Practices in Water Production Maintenance Should be Re• visited. Review current practices related to landscape maintenance and parts/tools inventory control and make appropriate work practice modifications. 3 Matrix of the 2008 Water, Wastewater and Engineering Management Study Department (pg) Opportunities for Improvement Water Production Electric Appears to be Providing Appropriate Service Levels and 3.1 Consequently is Properly Staffed. Continue to authorize one (I) Manager and seven (7) electricians/technician Recommendation 107 positions in Water Production Electric. As with Other Infrastructure-related Functions, Future Staffing Levels in Electric are 3.2 Contingent Upon Facility or Regulatory Modifications. Link future Water Production Electric staffing changes on future plant modifications. Develop future staffing plans resulting from each "major" plant Recommendation 108 upgrade/expansion. (4) Water Distribution Field Services Workload Distribution and Service Level Information Indicate Existing Staffmg Levels 4.1 are Appropriate in Water Distribution Field Services. Authorize (2) Supervisors and seventeen (17) field positions in Water Distribution. Eliminate one (1) vacant Field Services Worker I position. Leave the currently vacant seventeenth position as a budgeted "over-hire" position Recommendation 113 designed to address future turnover. 4.2 114 Re-visit Crew Deployment Practices. Re-visit Water Distribution crew deployment practices to ensure the appropriate Recommendation number of staff is deployed thereby avoiding excessive crew sizes. Similar to Other Infrastructure-related Functions, Future Staffing Levels in Water 4.3 115 Distribution are Contingent Upon Infrastructure Growth and/or Aging. Link future Water Distribution staffing changes to infrastructure growth and modifications. Develop future staffing plans resulting from each "major" change Recommendation in the water distribution system. (5) Water Metering Field Services Workload Distribution and Service Level Information Indicate Staffing Levels are Appropriate in Water Metering Field Services. Authorize (1) Supervisor and nine (9) field positions in Water Metering. Temporarily suspend one (1) vacant Water Meter Mechanic I position due to minimal meter replacement work in the next 24 months or, alternately, dedicate Recommendation 118 the position to more frequent commercial meter testing. Consider Dedicating a Staff Position to Commercial Water Meter Testing to Increase 5.2 Frequency from Semi-Annual to Annual Testing. Recommendation 119 Implement annual commercial meter testing Similar to Other Infrastructure-related Functions, Future Staffing Levels in Water 5.3 Metering are Contingent Upon Infrastructure Growth and/or Aging. Link future Water Metering staffing changes to infrastructure growth and modifications. Develop future staffing plans linked to such growth in residential Recommendation 120 and commercial water meters. (6) Drainage Field Services Workload Distribution and the Provision of Existing Service Levels Indicate Staffmg 6.1 Levels are Appropriate in Drainage Field Services. Continue to authorize (1) Supervisor and eleven (ll) field positions in Drainage Recommendation 122 Field Services. The City of Denton Does not Perform Street Sweeping Services to the Same Frequency 6.2 as Many Other National Municipalities. The City should evaluate and consider enhancing the level of street sweeping service. If additional service is desired, approve additional equipment operator positions and vehicles based on a production level of 25-30 curb miles swept per Recommendation 124 operator. Similar to Other Infrastructure-related Functions, Future Staffing Levels in Drainage 6.3 Field Services are Contingent Upon Infrastructure Growth. Link future Drainage Field Services staffing changes to infrastructure growth and modifications. Develop future staffing plans resulting from storm water Recommendation infrastructure growth and desired service level changes (e.g. street sweeping). 6.4 Interview Suggested the Drainage Fee is Insufficient to Support Future Operations Re-visit Drainage Fee charges on a regular basis and make recommendations for potential revision to the Public Utility Board and City Council, as necessary. Ideally, develop an escalating fee schedule with moderate fee increases over a Recommendation 119 longer planning horizon of five to seven years. (7) Water Utilities AdministrativelTechnical Units Matrix of the 2008 Water, Wastewater and Engineering Management Study Department (pg) Opportunities for Improvement Water Utilities AdministrativelTechnical Units Performs a Variety of Support 7.1 125 Functions. Seat an Ad-hoc Committee of Supervisory, Line Staff, and Para-professional Support Staff to Help Devise Ways to Re-Engineer or Reallocate Administrative Duties Within 7.2 Water Utilities. Seat an ad-hoc committee of supervisory, line staff, and Para-professional support Recommendation 127 staff to help re-engineer or reallocate administrative duties within Water Utilities. Wastewater Operations (I) Water Reclamation Operations 128 1.1 Water Reclamation Operations Provides a High Quality of Service The Number of Water Reclamation Operators Needed is Contingent Upon Various 1.2 Factors. Continue to authorize one (I) Supervisor and add one (1) Water Reclamation Technician II at an estimated cost of $45,000 annually to authorized staffing levels Recommendation 130 resulting in seven (7) line staff in Water Reclamation Operations. Future Staffing Levels in Water Reclamation Operations are Contingent Upon Facility 1.3 or Regulatory Modifications. Link future Water Reclamation Operations staffing changes on future plant modifications. Develop future staffing plans resulting from each "major" plant Recommendation 131 upgrade/expansion. (2) Water Reclamation Field Services Maintenanc Similar to Some Other computerized systems in DWU, Water Reclamation Field Services' MP2 does not Provide Sufficient Management Information that Would Help 2.1 Evaluate Staffing Levels, Efficiency and Effectiveness. Maintain exixting authorized line staff levels in Water Reclamation Field Recommendation 133 Services. Link future Water Reclamation Field Services staffimg changes on future plant modifications. Develop future staffing plans resulting from each "major" plant 2.2 134 upgradelexpansion. Link future Water Reclamation Field Services staffing changes on future plant modifications. Develop future staffing plans resulting from each "major" plant Recommendation upgrade/expansion. (3) Wastewater Collections Field Services 3.1 Service Level Information Indicate Existing Staff are Performing Effectively Workload Information Suggests that Wastewater Collections May Benefit from Staff 3.2 135 Additions. Authorize two (2) Supervisor positions, adding one Field Service Supervisor at Approximately $68,000 per annum, and authorize sixteen (16) field staff, adding an additional Field Services Worker I at an estimated cost of $30,000 per annum. Fill fifteen field positions as soon as practical leaving the sixteenth position as a Recommendation 140 budgeted "over-hire" position designed to address future turnover. Similar to Other Infrastructure-related Functions, Future Staffing Levels in Wastewater 3.3 Collections are Contingent Upon Infrastructure Growth and/or Aging. Link future Wastewater Collections staffing changes to infrastructure growth and modifications. Develop future staffing plans resulting from each "major" Recommendation 141 change in the water distribution system. (4) Beneficial Reuse 4.1 Beneficial Re-Use is Cost-Effective and Appropriately Staffed Wastewater Utilities (5) AdministrativelTechnical Units 142 Wastewater Utilities AdministrativelTechnical Units Performs a Variety of Support 5.1 Functions. Wastewater Utilities, in conjunction with Water Utilities, should seat an ad-hoc committee of supervisory, line staff, and para-professional support staff to help re Recommendation 143 engineer or reallocate administrative duties. Environmental Services The Laboratory Operates Effectively, Yetis Having Significant Issues Implementing its 1.1 Laboratory Information System (LIMS). Maintain existing staffing and service levels in the Laboratory. Identify impediments to LIMS implementation and develop a new project schedule, with Recommendation 144 appropriate milestones, for full implementation within six months. Matrix of the 2008 Water, Wastewater and Engineering Management Study Department (pg) Opportunities for Improvement 1.2 Wastewater Pre-treatment Operates Effectively, Recommendation 146 Maintain existing staffing and service levels in Wastewater Pre-Treatment. 1.3 Watershed Protection Operates Effectively, Future Staffing Needs in the Environmental Services Work Group will be Directly 1.4 147 Linked to Changes in Regulation and Additional City Growth. Link future Environmental Services Work Group staffing changes to future City growth and regulatory changes. Develop future staffing plans resulting from major regulatory initiatives and relevant population/development changes in Recommendation Denton. Utility and CIP Engineering The City, in Cooperation with Various Departments, Develops a "Rolling" 5-Year (1) 148 Capital Improvement Program. Insufficient Detail is Available in the CIP to Effectively Predict Engineering Staffing Needs; However, there are Tools Available to Help Determine Staff Resource (2) 152 Requirement by Project and Overall. Use the American Society of Civil Engineers and Association of Professional Engineers and Geoscientists workload guidelines to develop engineering and Recommendation 156 inspection staffing estimates for various CIP projects. Improve Engineering Service Delivery Through the Implementation of Additional (3) Project Management Techniques Major Initiatives should be Performed in Managing the Annual and 5-year Capital 3.1 158 Improvement Program. A Summarized Twenty-Four Month Bar Chart Schedule Should Be Prepared For All 3.2 160 Capital Projects. 3.3 A Design Authorization Form Should Be Completed Before Commencement of Design ASCE and Other Guidelines Should Be Utilized to Document Project Resource 3.4 162 Requirements for the Design and Inspection of Capital Improvement Projects. 3.5 Prepare a Monthly Capital Project Status Report. 3.6 164 A Final Report Should Be Prepared on Completion of a Capital Project A Design Report Should Be Completed When the Design Is No More Than 10% 3.7 165 Complete. A Rating System Should Be Developed and Utilized to Evaluate the Performance of 3.8 166 Each Consulting Engineer Utilized on City Construction Projects. A Rating System Should Be Developed and Utilized to Evaluate the Performance of 3.9 167 Engineering on City Construction Projects. Upon Developing and Implementing Various Project Management Practices, Re~ Consider Engineering Staffmg Levels in Light of Future CIP Projects and More 3.10 Detailed Administrative Requirements. Implement the variety of Project Management practices identified in this report and, upon such implementation, perform a new staffing assessment for Recommendation Engineering. Re-Visit and Re-Calculate the Labor Multiplier for Engineering Project-based and (4) General Services Tasks. Re-Visit and re-calculate the internal Engineering "billing rate" composed of a Recommendation 168 labor multiplier for both Engineering's Project-based and General Services tasks. VL ORGANIZATIONAL STRUCTURE REVIEW (1) 170 (2) 171 (3) 172 (4) Recommendation 174 Organizational Structures are impacted by numerous variables. There are a few organizational change opportunities. The Span of Control for the Director is Too Broad. Drainage and Watershed Protection have Common Goals and Funding, and Therefore should be Centralized Under One Organizational Unit. Consider Organizing Water Production Operations and Water Production Maintenance Supervision Around Facilities as Opposed to Functionalities. Re-Organizing Utility and CIP Engineering in the Short-term Would not be Beneficial Consider the organizational structure and reporting relationship refinements discussed in this chapter. Long term organizational changes are predicated on a number of variables. VII. INFORMATION TECHNOLOGY ISSUES Matrix of the 2008 Water, Wastewater and Engineering Management Study Department (pg) Opportunities for Improvement Information Technology issues represent one of the vital few issues that require 1 177 resolution. 2 179 Develop along-term Information Technology Strategic Plan. Develop and ad-hoc committee of technical experts to include to develop a comprehensive Information Technology Strategic Plan. Anticipate approximately Recommendation 184 12-18 months for development of a final Plan. Whether a Comprehensive Revision of Existing Systems, or a new Consolidated Product, implementation of a Comprehensive Computerized Maintenance Management System, with the full suite of capabilities, should be afforded the 3 highest priority after development of the Information Technology Strategic Plan Whether a revision of existing systems or a new consolidated product, implementation of a comprehensive Computerized Maintenance Management System (CMMS), with the full suite of capabilities, should be afforded the highest Recommendation 187 priority. VIII. DEVELOLPMENT REVIEW Continue staffing the internal City committee dedicated to review and Recommendation 189 streamlining of the development review process. Report on the Management Study of Water, Wastewater and Utility / CIP Engineering CITY OF DENTON, TEXAS FINAL REPORT January 19, 2009 TABLE OF CONTENTS Page 1. INTRODUCTION AND EXECUTIVE SUMMARY 1 2. PROFILE OF WATER, WASTEWATER & CIP ENGINEERING 5 3. DIAGONOSTIC ASSESSMENT AND BEST MANAGEMENT 43 PRACTICES 4. SUMMARY OF THE COMPARATIVE SURVEY 65 5. STAFFING, WORK PRACTICESAND SERVICE LEVELS 84 6. ORGANIZATIONAL STRUCTURE REVIEW 169 7. INFORMATION TECHNOLOGY ISSUES 177 8. DEVELOPMENT REVIEW 188 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering 1. INTRODUCTION AND EXECUTIVE SUMMARY This document is the report on the Management Study of Water, Wastewater and Utility/CIP Engineering. This first chapter provides an introduction and an executive summary of the final report. This summary identifies the information and approach used in this study and delineates key findings, conclusions and recommendations. 1. INTRODUCTION The Matrix Consulting Group was retained by the City of Denton to perform a management study of Water, Wastewater and Utility/CIP Engineering. This report provides the project team's efforts related to this management study. Our analysis focused on a wide range of issues including staffing, work practices, service levels, organizational structures, information technology issues, etc. Specifically, the scope of work for this project is detailed in eight chapters which include: • An executive summary as shown in this chapter. • A profile chapter describing general operational characteristics of the department and divisions within this study. • A best management practices chapter comparing operational characteristics to a variety of best practices collected and developed by Matrix Consulting Group. • A comparative survey chapter juxtaposing Denton operations against six other regional agencies. • A staffing, work practices and service level chapter discussing details of related to these topics. • An organizational chapter identifying potential modifications to the existing organizational structure. Matrix Consulting Group Page 1 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • An information technology chapter discussing information technology issues. • A brief development review chapter reflecting upon development review issues impacting water, wastewater and engineering services. To develop this analysis the project team conducted an extensive number of interviews, conducted tours, performed comparative analysis and collected various data in an effort to develop an understanding of the operations of water, wastewater and engineering to set the stage for this assessment. Examples of data collection efforts included the following: • Interviews with an extensive number of staff to include executive managers, supervisors and various technical staff. • Collection and review of data from a wide range of sources including budgetary information, personnel data (job descriptions), workload information, etc. • Review of key documents including SOPs, policies and procedures, and other relevant reports or manuals. The following section provides a summary of the major findings and conclusions of this study. 2. EXECUTIVE SUMMARY The primary objective of this study was to assist the Denton Water Utilities (DWU), through comprehensive analyses, with specific improvement recommendations relative to efficient and effective Water and Wastewater Department organizational structures and operations, with an emphasis on both staffing and service levels now and as practical in the near future. Additionally, an evaluation of important support service areas, specifically Engineering, were reviewed. To fulfill a requirement to review these utilities every ten years per City Charter, the City engaged the Matrix Consulting Group Matrix Consulting Group Page 2 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering to assess the DWU, particularly in comparison to relevant benchmark agencies and noted best management practices. According to the FY 2007/08 Budget document, the population of Denton is 113,800 with continued expected growth of approximately 5% over the foreseeable future. Population is expected to double within the next sixteen years. The 2006 U.S. Census estimated Denton as the nation's ninth fastest-growing city among those over 100,000 people. In the same year, Money magazine named Denton no. 58 out of the "Top 100 Best Places to Live in America." Overall, the project team believes the DWU is an efficient and effective organization well deserving of accolades. There are a variety of positive operational aspects that, by example, are noted in the diagnostic assessment chapter comparing Denton to best management practices. The strengths of the Water and Wastewater divisions are long and short term planning and managing various resources to achieve the goals of producing high quality products and reliable services. Water has consistently met goals of maintaining quality water, pressure and a reliable system, while maintaining reasonable rates for service. The City consistently ranks in the top for water quality in Texas and has received the Public Drinking Water Recognition Award. Wastewater has consistently met goals of quality service, high quality effluent that meets the standards for the Type 1 Reuse Water, and compliance with regulatory requirements. Wastewater has developed an advanced tertiary treatment system and an ultraviolet disinfection process for influent treatment. In summary, there are several operational facets of the DWU for which Denton should be proud. Matrix Consulting Group Page 3 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering This management study has found that there are some areas that the City can now focus on to enhance services provided while remaining cost-effective. Focus should be on minor organizational realignments, including staffing modifications, with particular emphasis on enhanced and integrated technology solutions to provide comprehensive computerized maintenance management information. A variety of modest staffing changes have been recommended to include slight increases in water production and water maintenance; elimination of a vacant authorized position in water distribution; slight increases in water reclamation operations and collections; and generally maintaining existing staffing levels in the remainder of the organization. Whereas DWU has developed a variety of Standard Operating Practices, there are opportunities in some areas for updating the documentation. Training, as in many other government agencies, is provided but generally does not achieve ideal levels of annual education. Engineering coordinates City schedules among various departments to avoid Capital Improvement Program implementation conflicts, yet more consistent updating of schedules and implementation of regular project status reports is desirable. Sanitary Sewer Overflows (SSOs) are formally investigated for cause, however standardized written finding are currently not performed consistently. These are representative examples of the various opportunities for enhancement found in the bolded text throughout the following chapters. The chapters within this report should be accessed for a detailed discussion and analysis of each issue and the background behind each recommendation. The following chapter provides the profile of DWU's water, wastewater and CIP Engineering functions. Matrix Consulting Group Page 4 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering 2. PROFILE OF WATER, WASTEWATER, AND CIP ENGINEERING The chapter, which follows, provides a descriptive profile of the organizations under study in the City of Denton. 1. INTRODUCTION Denton Municipal Utilities is comprised of departments and several divisions. Three organizations-Water, Wastewater, and Utility and CIP Engineering-are the subject of the study and this Descriptive Profile Chapter. The purpose of the descriptive profile is to document the project team's understanding of the organizational structure, allocation of staff by unit and function, and principal assigned roles and responsibilities of staff. Data contained in the profile were developed based on the work conducted by the project team including: • Interviews with managerial and supervisory staff in most functional divisions as well as City Management staff. • Collection of various data describing organization and staffing, workload and service levels as well as costs. The descriptive profile does not attempt to recapitulate all organizational and operational facets of the utility and engineering services understudy. Rather, the profile reflects our understanding of the organization which is foundational for issues identification and analysis. In this chapter, the structure of this descriptive profile is as follows: • Description of staff positions, by classification, and description of appropriate reporting relationships. Matrix Consulting Group Page 5 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • Summary descriptions of key roles and responsibilities of staff. The responsibility descriptions provided in the Descriptive Profile also summarize the team's understanding of the major programs and service activities to which staff are currently assigned. It should be clearly noted that responsibility descriptions are not intended to be at the "job description" level of detail. Rather, the descriptions are intended to provide the basic nature of the job and including deployment, work schedules where appropriate, major duties and responsibilities, and the like. • Relevant data describing operational characteristics currently collected and associated with the various utility and engineering units. These are not yet all inclusive, but represent many important data elements. These data have been reviewed for accuracy and completeness by the Project Steering Committee. 2. UTILITY AND ENGINEERING ORGANIZATIONAL PROFILE. The following provides an overview of the organizational structure of those services under study. Note that the City provided detailed organizational structures at the individual job classification level and thus it is not necessary to reflect this level of detail herein. Rather, the structures below reflect major organizational units within each major area. It should be noted that during the course of this study some organizational modifications were made, transferring functional responsibilities from the City Engineer to the Assistant Director of Wastewater. These organizational changes are reflected below. (1) Organizational Structure -Management Team. The following reflects the direct reports and associated Departments/Divisions reporting to the Director of Water and Wastewater. 1 Admn. Tech. Support includes the Water Utilities Coordinator and the DRC Engineer. Matrix Consulting Group Page 6 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Management Team Psst. Director Psst. Director Beneficial Reuse Env. Quality City Water Wastewater Manager Manager Engineer (2) Organizational Structure -Water. The following reflects the current organizational structure for Water Utilities in the City of Denton. Water Util~ies Director Asst. Director (Water) Water Tech. Support Water Production Water Distribution Water Metering Drainage (etc.) ~lmn. Admn. X connect Admn. Admn. Water Water Electrical Water Dist. Water Metering Drainage Ops. Maint. Maint. (Field) (Field) (Field) (3) Organizational Structure -Wastewater. The following reflects the current organizational structure for Wastewater Utilities in the City of Denton. Matrix Consulting Group Page 7 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Wastewater Utilities Director WW Beneficial Reuse Admn. Beneficial Re Use (Operations) GIS Technician Asst. Director (Wastewater) Wastewater Tech. Support Water Reclamation WW Collections DRC Admn. Admn. Eng. Group Wate Recl. Water Recl. C lecti ns p O s. Maint. ( ) Field Inspections (4) Organizational Structure -Environmental Services. The following reflects the current organizational structure for Environmental Services supporting the Water and Wastewater Utilities. Matrix Consulting Group Page 8 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering Environmental Services Director Env. Quality Manager Laboratory Wastewater Watershed Pre-Treatment Protection (5) Organizational Structure -Utility and CIP Engineering. The following reflects the current organizational structure for the Utility and CIP Engineering Division in the City of Denton. Engineering Director City Engineer Engineering Real Estate & Design Services Capital Support 3. STAFFING. In the table, which follows, is a summary of the organizational units, staffing, and key elements of how staff are scheduled and deployed. Matrix Consulting Group Page 9 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering No. of Unit I Positions) Positions Responsibilities Auth. Current WATER AND WASTEWATER ADMINISTRATION Director 1.0 1.0 The Director, who reports to the ACM for Utilities and Operations, oversees and provides overall management of the Water Utilities Department. This includes planning, budgeting, operational oversight and fiscal management of the Department. The Director has eight (8) direct reports in Water and Wastewater Administration. These reports include the City Engineer, 2 Administrative Assistant, a Water Utilities Coordinator, the Beneficial Reuse Manager and the Environmental Quality Manager and two Assistant Director positions, each of whom is responsible for Water and Wastewater, respectively. Admn. Technical Support The WaterllNW Utilities Operator directly reports to the Water Water Utilities Utilities Coordinator but regularly interfaces with the Coordinator 1.0 1.0 Meter/Cross-Connection Manager. WaterllNW The Engineer position serves as the Development Review Utilities Oper. 1.0 1.0 Coordinator for the department, serving as a liaison for the Engineer development review process and ensuring that development (Development projects are reviewed in an efficient, thorough, and expeditious Services) 1.0 1.0 manner. Matrix Consulting Group Page 10 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Unit I Positions) No. of Positions Responsibilities Auth. Current Assistant Director 2.0 2.0 There are two Assistant Director positions, one essentially overseeing water operations and one overseeing wastewater operations. • The Assistant Director (wastewater) has five (5) direct reports, including the Engineering Tech. Manager, the GIS Engineering Tech., the Superintendent of the Wastewater Treatment Plant, the Inspections Manager, the Wastewater Collections Manager. The Assistant Director leads the various divisions to deliver effective and efficient wastewater treatment services. The Assistant Director develops and implements Department policies, procedures, goals and objectives, works closely with the Director to accomplish the goals of the Department, participates in the development of the annual budget and monitors expenditures. The Assistant represents the Department in community forums and performs other routine administrative functions and special projects, as appropriate. Additionally, the Assistant has taken on the Engineering Inspections group that addresses DRC and manages the public works outside contractors. • The Assistant Director (water) has six (6) direct reports, including the Construction Project Manager, the Utility Financial Coordinator, the Water Production Superintendent, the Water Distribution Systems Manager, the Water Metering and Cross Connect Control Manager, and the Drainage/StreetlTraffic Superintendent. The Assistant Director leads the various divisions to deliver effective and efficient water and drainage services. The Assistant Director develops and implements Department policies, procedures, goals and objectives, works closely with the Director to accomplish the goals of the Department, participates in the development of the annual budget and monitors expenditures. The Assistant represents the Department in community forums and performs other routine administrative functions and special projects, as appropriate. Matrix Consulting Group Page 11 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering No. of Unit I Positions) Positions Responsibilities Auth. Current Water Technical The Construction Project Manager is responsible for the Support coordination of single or multiple large scale public works Const. Project projects, focused on water, to insure that contract Mgr. 1.0 1.0 requirements are implemented by contractor and Utility Financial subcontractors in compliance with local, state and federal Coord. 1.0 1.0 laws. The position maintains records of construction activities Utility Financial and serves as a liaison between the owner, engineering staff, Tech. 0.5 0.5 engineering consultant and construction contractor and sub- contracting companies, interpreting and analyzing project plans and specifications, reference standards, shop drawing submittals, etc. for the contractor as needed. • The Utility Financial Coordinator is responsible for assisting in all financial matters for the Water, Wastewater and Drainage utilities including the compilation and monitoring of the budgets and Capital improvement programs, preparing the financial pro-forma budgets, tracking bonds and preparing for bond sales, and acts as the financial liaison between Accounting and Finance and Water, Utilities staff. • The Utility Financial Technician directly assists the Utility Financial Coordinator. Wastewater Tech. Support The Engineering Tech Manager provides oversight to a group Engineering Tech. of Engineering Technicians responsible for monitoring flows, Mgr. 1.0 1.0 the velocity and levels in the sanitary sewer system. Engineering Tech. The Engineering Technicians are responsible for surveying IV 1.0 1.0 and monitoring the City's water distribution and wastewater Engineering Tech. collection systems. Staff members monitor, record, and III 1.0 1.0 calculate the integrity and capacity of water and wastewater Engineering Tech. lines using various types of field and office equipment, II 1.0 1.0 including CCTV. The Engineering Technician IV serves as the GIS Eng. Tech. III 1.0 1.0 group leader in daily surveying and monitoring activities. • The GIS Engineering Technician updates the system by entering data and prepares maps for use in the field and for presentation purposes. Matrix Consulting Group Page 12 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering No. of Unit I Positions) Positions Responsibilities Auth. Current Administrative The Administrative Assistant supervises clerical support staff Support responsible for providing administrative support for the entire Admn. Assistant 1.0 1.0 department, except for the Water and Wastewater Plants. Secretary 2.0 0.5 The Secretary classifications prepare the payroll for approximately 150 employees on a bi-weekly basis; prepare all vacation and sick leave reports; process performance review paperwork. All payroll questions come through the Administrative Assistant. Pay invoices on all CIP construction projects after reviewing and obtaining authorizations to pay. Staff prepares all purchase order requisitions for everyone working upstairs at 901 Texas Street; prepares expense and training reports for all staff; process all travel requests and conference registrations. Receive monies for permits issued by the department (street and curb cuts, right-of-way). Order office supplies and make sure the printer and the copierare working properly, making and/or requesting repairs. • Currently, there are 2 Full-Time Equivalent secretary positions. One Secretary position is vacant; the other has a half time temporary position in it. WATER PRODUCTION Water Production The Water Production Superintendent provides the overall Admn. guidance, management and administration of Water Water Production Operations, Water Maintenance and has direct reporting Supt. 1.0 1.0 authority over Electrical Maintenance. The Superintendent Admn. Secretary 1.0 1.0 directly supervises five positions including three Managers, an Sr. Technical Administrative Secretary and a Senior Technical Assistant. Assistant 1.0 1.0 The Superintendent ensures appropriate treatment plant Technical operations, water quality, prepares reports Assistant 1.0 1.0 The Administrative Secretary provides administrative and clerical support to the Superintendent and various Water Production Divisions including purchasing, electronic and paper-based file maintenance, special administrative projects, prepares comprehensive reports, compiles annual budget requests, and recommends expenditure requests for designated accounts and other clerical duties, as assigned. • The Senior Technical Assistant is responsible for overseeing the technical functions of the Water Production Division; assuring regulatory compliance; and system administration of the security system. The position is generally responsible for full implementation, system administration and use of the Division's Water SCADA system, including development of remote (laptop) control, and SCADA maintenance. • The Technical Assistant provides support to the Senior Technical Assistant in the performance of SCADA management and other duties including assisting the Senior Technical Assistant with the various technical functions of the Water Production Division such as preparation of monthly operating report, supplemental operating report, system monitoring plan and Total Organic Carbon monthly report for the Texas Commission on Environmental Quality (TCEQ). Matrix Consulting Group Page 13 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering No. of Unit I Positions) Positions Responsibilities Auth. Current Water Production The Water Production Operations Manager reports directly to Ohs. the Water Production Superintendent and is responsible for Water Prod. Ops. the administration and supervision of operational services Mgr. 1.0 1.0 provided to the Lake Ray Roberts and Lake Lewisville plants. The Manager is currently responsible for 13 positions responsible for treatment plant operations. Daily monitoring of operations to ensure that the water quality meets all state and federal regulatory requirements by overseeing and performing chemical analyses, establishing chemical dosage and water treatment quality control processes. Establishes and enforces guidelines on process control and process targets. Lake Ray Roberts The Lead Water Production Operator is responsible for field Ohs. oversight of the staff operating the assigned water production Lead Water plant. Beyond lead supervision duties, the positions also Production perform all functions associated with the positions noted Operator 1.0 1.0 below. Water Prod. The Water Production Operator III is the senior-most Operator III 2.0 2.0 classification certified to operate the water production plants Water Prod. on a 24/7 basis. Duties include performing rounds and Operator II 1.0 2.0 instrument readings/adjustments, SCADA monitoring, Water Prod. reporting, daily and weekly grab samples testing for Operator I 3.0 2.0 operational adjustment purposes, and writing of procedures. The position also performs those duties assigned to the Operator II position below. • The Water Production Operator II is a seasoned certified operator that oversee the water production plants on a 2417 basis. Duties include performing rounds and instrument readings/adjustments including recording hourly meter readings; fills and adjusts chemical feeder; performs calculations for chemical additions; troubleshoots equipment and process control problems; SCADA monitoring; sample collection and testing of various samples such as Ph, chlorine, turbidity, nitrates, etc; and minor instrumentation, repair and preventive maintenance tasks. In conjunction with the Operator III, Operator II's provide direct oversight of Operator positions. • The Water Production Operator I is an apprentice position, not yet certified, that supports Operator 111111 positions in the performance of their duties. Operator I positions are always deployed in pairs with a senior staff member. • Staff work from a 24/712-hour shift from 0700-1900 and 1900- 0700 on a 3-on/2-off, 2-on/3-off work schedule. Matrix Consulting Group Page 14 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Unit I Positions) No. of Positions Responsibilities Auth. Current Lake Lewisville See roles and responsibilities of positions noted in Lake Ray Ohs. Roberts above. Lead Water Note that information from interviews is not consistent with Production information with organization charts. Interview indicates that Operator 1.0 1.0 the following positionslclassifications are deployed: Lake Ray Water Prod. Roberts -1 Lead, 3 Ops I II, 2 Op I; Lewisville -1 Lead, 5 Op Operator II I 1.0 1.0 11,1 vacancy (total 13 consistent with actual). With cross- Water Prod. training and turnover, the staffing allocations between the two Operator II 4.0 3.0 plants might not remain consistent. Operators are shifted Water Prod. between plants as needed. An additional position was Operator I 1.0 1.0 authorized as of 10/1/08 for a Water Prod. Operator I for a total of 14 authorized Operator positions. Matrix Consulting Group Page 15 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Unit I Positions) No. of Positions Responsibilities Auth. Current Water Production The Water Production Maintenance Manager reports directly Maint. to the Water Production Superintendent and is responsible for Water Prod. the field administration and supervision of maintenance Maint. Mgr. 1.0 1.0 services provided to the Lake Ray Roberts and Lake Lewisville Water Prod. plants and supporting infrastructure. The Manager is currently Maintenance responsible for six positions responsible for maintenance Tech. III 1.0 1.0 activities; spends a portion of time entering and managing the Water Prod. data associated with the Micro-Main asset and maintenance Maintenance database and managing the Groupwise PMICM calendar; and Tech I 2.0 2.0 provides back-up to line staff, as required. Maintenance The Water Production Maintenance Technician III acts infield Mechanic I I 1.0 1.0 Lead Worker capacity, as well as performing all the functions Water Production noted in the Technician and Mechanic positions below. Maint. Mechanic 2.0 2.0 The Water Production Maintenance Technician II in Seasonal Maint. possession of a B-class or higher license, acts in field Lead Worker 2.0 0.0 Worker capacity, as well as performing all the functions noted in the Technician and Mechanic positions below. • The Water Production Maintenance Technician I's, in possession of a C-class or higher license, assists in performing corrective and prevent maintenance at the two water treatment plants, two booster stations, three enclosed (elevated) reservoirs, and five clear wells. In addition to this facility-related maintenance, staff are also responsible for landscape maintenance (including mowing) activities at all sites. • The Maintenance Mechanic II position performs more sophisticated corrective repairs and preventive maintenance services on noted water infrastructure. The Mechanic II provides functional lead oversight when partnered with Maintenance Mechanic staff. • The Water Production Maintenance Mechanic positions perform corrective repairs and preventive maintenance tasks on noted water infrastructure based on both schedule and break-down needs. The Mechanics seek guidance from the Maintenance Mechanic II in performance of their duties. • The Seasonal Maintenance Workers work during the summer months for mowing and misc. duties which are presently vacant. • Staff work Monday-Friday 0700-1600 with an unpaid lunch period. Matrix Consulting Group Page 16 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering No. of Unit I Positions) Positions Responsibilities Auth. Current Water Production The Water Production Electrical Maintenance Manager reports Electric directly to the Water Production Superintendent and is Water Prod. responsible for the field administration and supervision of Electrical Maint. electrical and electronic maintenance services provided to all Mgr. 1.0 1.0 water and wastewater utility infrastructure. The Manager has Water Utility direct supervision of seven positions responsible for these Electrician IV 2.0 2.0 maintenance activities; spends a portion of time entering and Water Utility managing the data associated with the Micro-Main and MP2 Electrician III 1.0 1.0 computerized maintenance management systems; and Water Utility provides back-up to line staff, as required. Electrician II 1.0 1.0 The Electricians are responsible for all electric preventive and Electronic Tech I I 3.0 3.0 corrective maintenance at water and wastewater facilities, including motors, pump controls, starters, adjustable speed drives, security cameras, plant lighting, the plant electrical backbone, etc. Different job classifications generally dictate who will be assigned what job, with the more complex jobs being assigned to the journeymen staff. • The Electronic Technicians are responsible for electronics PM and CM and performs such tasks on instrumentation, PLCs, SCADA, and various levellflow devices. Different job classifications generally establish job assignments, with the more complex jobs being assigned to the higher classifications. WATER DISTRIBUTION Water Distribution The Water Distribution Systems Manager directs the activities Admn. of the field services units responsible for maintaining the water Water Dist. distribution system from the water plant to customer facilities Systems Mgr. 1.0 1.0 throughout the City. The position is responsible for budget Technical preparation, personnel management, and attending "pre- Assistant 1.0 1.0 construction" meetings for review of water plans for development. Meets with contractors and customers to ensure their problems issues are resolved. • The Technical Assistant prepares pricing tickets for customers, calculating the correct fees. The position also enters workload data into the computerized system (Cityworks). Also supervises apart-time position that assists with data entry into Cityworks. Provides clerical and administrative support for the staff in Water Distribution (630200). Matrix Consulting Group Page 17 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering No. of Unit I Positions) Positions Responsibilities Auth. Current Water Distribution The Field Services Supervisor positions are responsible for the Field day-to-day management of the 2 operating units in the Water Field Svc. Distribution Division- -Operations and Maintenance and Supervisor 2.0 2.0 Replacements/New Installations. Crew Leader 5.0 5.0 The five Crew Leader positions are divided among various Heavy Eq. work tasks. Operator 2.0 2.0 Field Svc. Worker MAINTENANCE: One Crew Leader works directly with a III 3.0 3.0 Heavy Equipment Operator to exercise valves. One half of the Field Svc. Worker valves (roughly 5,497 valves) are generally scheduled to be 2.0 2.0 exercised per year throughout the City. The Crew Leader will Field Svc. Worker perform walk-throughs on new subdivisions, and discuss with 5.0 3.0 contractors about the valve-exercising program. Another Crew Utility Line Leader directs athree-person crew that repairs water leaks in Locator 1.0 1.0 the system; replaces services and tries to fix leaks before they become breaks. The crew serves as the line locator for all water and sewer lines. The third Crew Leader performs fire hydrant maintenance related to painting and repairs (roughly 4,135 hydrants) and installs taps with his crew (3 authorized positions with 2 vacancies at the time of the interview). The crew locates lines, digs to the main, and installs taps up to 12" by 12". A total water distribution system of 532 miles is maintained for leaks, breaks, and other repairs. REPLACEMENT & NEW INSTALLATION: Two Crew Leaders each supervise one crew with 3 positions in each crew (Field Service Worker I, II, III). These crews install new mains and replace existing water mains up to 12". One of the crews will assist with tap crew when the other tap crew is involved with hydrant maintenance. WATER METERING Matrix Consulting Group Page 18 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering No. of Unit I Positions) Positions Responsibilities Auth. Current Water Metering The Water Metering and Cross-Connection Control Manager Admn. directs the activities of staff members who perform installation Water Metering and change outs of water meters. Responsible for budget and X-Connection preparation, performance reviews of staff and the Control Mgr. 1.0 1.0 development, planning and direction of the water meter work Technical program. Assistant 1.0 1.0 The Technical Assistant performs clerical and administrative Clerk 0.5 0.5 duties for the Water Metering business unit (630300). Prints Water Utilities out and distributes work orders from customer requests. Inspector 1.0 1.0 Answers the phone and resolves citizen complaints or concerns, when possible. • The 0.5 Clerk position enters all work tickets into an Access database. • The Water Utilities Inspector manages the backflowlcross connection program; inspects and monitors various sites; generates letters for inspections and has direct customer contact with education and follow up of complaints; develops self-generated work program to review and inspect devices throughout the City. Water Metering The Field Services Supervisor directly manages the day-to- Field day activities of the Crew Leaders and through those positions, Field Svc. the field crews. Supervisor 1.0 1.0 One Crew Leader supervises a crew of 3.5 positions (0.5 is Crew Leader 2.0 2.0 currently vacant) that includes 2 Water Meter Mechanic III Water Meter positions and 1.5 Water Meter Mechanic I positions. These Mech. III 4.0 4.0 crews perform change-outs of meter service, turn-ons and Water Meter turn-offs of meter service, and raising meter boxes, when Mech.l 3.0 2.0 necessary. • The other Crew Leader supervises a 4-person crew that performs meter installs and large meter testing as well as meter relocations. The Crew Leader is also responsible for managing the City's line flushing program, including annual hydrantflushes and minor preventive maintenance (e.g. lubrication). ENVIRONMENTAL SERVICES Environ. Quality The Environmental Quality Manager is responsible for Admn. ensuring that the City meets all Federal, state, and local Environmental regulatory requirements related to environmental compliance Quality Mgr. 1.0 1.0 for water, wastewater, and storm water operations; manages Env. Compliance the Industrial Pretreatment division, the Laboratory, and the Coord. 1.0 1.0 Watershed Protection divisions, Gas Well development, and mosquito control. • The Environmental Compliance Coordinator is located in Watershed Protection but reports directly to EQ Manager. The position is responsible for oversight and coordination of a variety of general water quality issues including coordinating regulations among all of the Department's groups plus environmentally sensitive areas between the Environmental Quality Division and the Planning Department. Matrix Consulting Group Page 19 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Unit I Positions) No. of Positions Responsibilities Auth. Current Laborator The Lab Manager reports directly to the Environmental Quality Lab Manager 1.0 1.0 Manager and is responsible for the supervision of operations QA Officer 1.0 1.0 and personnel within the laboratory. The Manager has Senior Chemist 1.0 1.0 supervision of the seven positions responsible for various Wet Chemist 1.0 1.0 tasks and projects that include wastewater, Microbiologist 1.0 1.0 stormwater/watershed monitoring, industrial pre-treatment, and Laboratory drinking water quality protection. The position performs Technician 3.0 3.0 oversight of QA/QC programs, testing and reporting, ensures compliance with NELAC standards, and directly performs water reporting. • The Quality Assurance Officer is responsible for compliance with monthly and periodic wastewater reporting requirements, maintenance and revision of lab procedures, wastewater permit preparation assistance, and implementation of the Teledyne Laboratory Information System (LIMB). • The Microbiologist is responsible for maintaining TCEQ Drinking Water Certification and analyzing water wastewater bacteriological samples to maintain compliance with state and federal regulations. The position ensures NELAC compliance, performs compliance testing on samples, documents results and maintains relevant data in databases. The Microbiologist provides oversight to one of the Laboratory Technicians. • One (1) Laboratory Technician, under the oversight of the Microbiologist performs weekly grab sample collections at 112 locations for such testing purposes as coliforms, pathogens, chlorine residuals, Total Organic Carbon (TOC), etc. • The Senior Chemist is responsible for routine operational control and permit compliance testing for metals on wastewater and biosolids, water distribution system sampling, daily ammonia analyses, and TOC analyses. The Senior Chemist provides oversight to two Lab Technicians and provides oversight and bench-testing support to these positions. • The Wet Chemist is responsible for bench testing samples for general chemical testing of water, wastewater, biosolids, and soil for EPA &TCEQ for permit compliance as well as routine chemical and microbiological tests including, but not limited to, the determination of dissolved oxygen, phosphate, sulfates, chlorides, pH, biochemical oxygen demand, alkalinity, hardness, total and fecal coliform. • Two (2) Laboratory Technician, under the oversight of the Senior Chemist, perform various testing of conventional pollutants such as BOD, CBOD, TSB, pH, and ammonia nitrogen daily as well as composite samples for various pollutants on a monthly basis. Technicians analyze industrial samples for metals, BOD, TSB, pH, phosphorous, and grease and oils for compliance to the City of Denton Sewer Use Ordinance. Matrix Consulting Group Page 20 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Unit I Positions) No. of Positions Responsibilities Auth. Current Wastewater Pre- Treatment The Environmental Services Coordinator manages the Environmental Industrial Pretreatment Division that performs activities Svc. Coord. 1.0 1.0 required to protect the wastewater collection system, the Pollution Ctr. treatment facility, and worker safety in compliance with state Abatement Officer 1.0 1.0 and federal regulations. Oversight of the following is the Env. Projects primary responsibility of this position: The Industrial Specialist 1.0 1.0 Pretreatment Program; administer industrial discharge permits, Env. Monitoring the Pecan Creek Water Reclamation Plant Multi-sector Tech. 1.5 1.0 General Permit (Stormwater Pollution Prevention Plan), and Pre-Treatment the On-Site Sewage Facilities (OSSF) program. Manages the Program division budget and ensures division goals and objectives are Specialist I 1.0 1.0 met. Pre-Treatment The Pollution Control Abatement Officer is responsible for Program ongoing implementation of the On-Site Sewage Facilities Specialist II 1.0 1.0 (OSSF) Program. The position designs, assesses, and approves OSSFs installed within the City. The position also monitors WW collection system blockages, grease trap maintenance frequency, and performs inspections of small quantity commercial facilities. • The Environmental Projects Specialist is responsible for a variety of activities. These include: implement and assist with compliance activities required for the Pretreatment Program, the Stormwater Pollution Prevention Program for Pecan Creek, and public outreach and education as required by the Stormwater permit. • The Environmental Monitoring Technician prepares, calibrates, and maintains equipment required for watershed monitoring. Assists with industrial discharge sampling and wastewater compliance monitoring. • One Pretreatment Program Specialist (indicated by the Coordinator as a Specialist I position) assists with the industrial pretreatment program. The position coordinates industrial user facility inspections and prepares inspection reports. Performs quarterly priority pollutant and monthly toxicity sampling in compliance with the wastewater discharge permit. The other position (Specialist II) is responsible for managing the pretreatment program compliance monitoring data and delegating daily tasks to the PPS I position. These 2 positions work as a team, jointly conducting inspections, monitoring sites and managing data. Matrix Consulting Group Page 21 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering No. of Unit I Position(s) Positions Responsibilities Auth. Current Watershed The Watershed Protection Manager reports directly to the Protection Environmental Quality Manager and is responsible for the Watershed Prot. oversight of the Watershed Protection Division, including Mgr. 1.0 1.0 general water quality monitoring; Phase II TPDES discharge Watershed Prot. requirement management; public education on watersheds, Specialist 1.0 1.0 water quality and wastewater. The position also directly Watershed Prot. performs development review tasks, monthly and quarterly Tech. 0.62 0.62 reporting, project management on special projects (e.g. Stormwater SCADA) and most water reclamation plant tours. • The Watershed Protection Specialist is responsible for monthly water quality monitoring and reporting of 85 sites (5 permanent, 80 mobile) development review evaluations, site visits and reporting associated with Environmentally Sensitive Reviews, and posting of GIS data (e.g. industrial stormwater permit information) to the City's website. • The Watershed Protection Technician is a part-time permanent paid intern position assigned various projects dependent upon interest and skill sets. The current position is performing ecological monitoring, benchmarking against EPA guidelines, and other special projects. • The Watershed Protection Division is fully funded by the Drainage fee. WATER RECLAMATION (WASTEWATER) Water The Wastewater Superintendent provides the overall Reclamation guidance, management and administration of the main Pecan Admn. Creek Water Reclamation Plant, the Robson Ranch plant, and Wastewater Supt. 1.0 1.0 lift station infrastructure. The Superintendent directly Secretary 1.0 0.0 supervises two Divisions including Field Services and Operations, and has indirect oversight of Electrical Maintenance. The Superintendent ensures appropriate wastewater treatment plant operations at both plants, ensures lift station operations, and performs various administrative support functions related to these functions. • There is currently one (1) vacant Secretary position and one (1) "pending" Septic "Technician" vacancy, both of which would report to the Superintendent. Matrix Consulting Group Page 22 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering No. of Unit I Positions) Positions Responsibilities Auth. Current Water The Field Services Supervisor reports directly to the Reclamation Field Wastewater Superintendent and is responsible for the field Field Services oversight (e.g. foreman) of the Water Reclamation I & II Supervisor 1.0 1.0 positions. The Supervisor is responsible ensuring plant Water Recl. corrective and preventive maintenance is performed; spends a Technician II 3.0 2.0 reasonable amount of time performing work order and other Water Recl. data entry tasks into the MP2 computerized maintenance Technician I 3.0 3.0 management system; and serves as back-up line staff incase of staffing shortages or absenteeism. • The Water Reclamation Technicians provide maintenance- related services to the main wastewater treatment facility, 29 lift stations, as well as the Robson Ranch retirement community 250Kgsllon-per-day plant. Duties include preventive and corrective maintenance of facilities as well as many landscape maintenance activities (excludin mowing). One technician operates the plant belt presses and one technician spends approximately ~/2-time at the Robson plant. Most rehabilitative, minor construction, vibration analysis and thermal testing are contracted services. • Staff operate Monday-Friday from 0700-1500 with a paid lunch period. Matrix Consulting Group Page 23 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering No. of Unit I Positions) Positions Responsibilities Auth. Current Water The Operations Supervisor reports directly to the Wastewater Reclamation Ops Superintendent and is responsible for operational oversight of Operations the two plants and staff positions assigned to these facilities. Supervisor 1.0 1.0 The Supervisor is responsible for ensuring plant operations Water Recl. performed with permit guidelines and serves as back-up line Technician III 3.0 3.0 staff incase of staffing shortages or absenteeism. Water Recl. The Water Reclamation Technician III is the senior-most Technician II 2.0 2.0 classification certified to operate the plant on a 2417 basis. Water Recl. Duties include Assists Crew Leaders with monitoring and Technician I 1.0 1.0 maintaining logs on chemical additions and on unit operations including microbial digestion, wet air oxygen and settling tanks; performs special projects assigned by the Reclamation Plant Supervisor and Crew Leader; maintains effluent quality within prescribed limits by monitoring and controlling flow and properties of sewage through primary clarifiers, aeration basins, final clarifiers, digesters and treatment tanks; performs rounds and instrument readings/adjustments; SCADA monitoring; operational adjustments ;and other lead duties consistent with a Class A or B license. The position also performs those duties assigned to the Technician II position below. • The Water Reclamation Technician II is a seasoned certified operator that oversee plant operations on a 24/7 basis. Duties include performing rounds and instrument readings/adjustments and recording of hourly meter readings; SCADA monitoring; maintaining the plant and ground by performing such duties as painting, mowing, clearing brush and debris; loads and unloads chemicals; cleans tools and equipment; performs custodial duties; performs preventative and simple corrective maintenance on mechanical equipment; and tests for water quality. • The Water Reclamation Technician I is an apprentice position that supports the other staff in the performance of their duties. • Staff work from a 24/7 schedule on various 518, 4110, or extended work schedules (e.g.14hours from 1800-0800) to ensure coverage. Water Production See See These staff, replicated herein, are assigned to Water Electric Prior Prior Production are also responsible for electrical and electronic Water Prod. maintenance in reclamation. A summary of duties and Electrical Maint. responsibilities is provided above. Mgr. Water Utility Electrician IV Water Utility Electrician III Water Utility Electrician II Electronic Tech II Electronic Tech Matrix Consulting Group Page 24 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering No. of Unit I Positions) Positions Responsibilities Auth. Current WASTEWATER COLLECTIONS Collections Admn. The Wastewater Collections Manager directs the field activities WW Collections of the crews responsible for maintaining the sewer collection Mgr. 1.0 1.0 infrastructure for the City. The group is responsible for Technical maintaining all of the sewer transmission lines to the plant. Assistant 1.0 1.0 The Technical Assistant is responsible for all reporting requirements for TCEQ and EPA. The position is also responsible for ordering materials and ensuring that field crews have those materials at each work site. The position is responsible for ordering all supplies and materials used in the field. Collections Field Field Svc. The Field Services Supervisor directs the day-to-day activities Supervisor 1.0 1.0 of the filed workers, giving advice on problems, inspecting the Crew Leader 4.0 3.0 various jobs and job sites, and resolving any technical or Heavy Eq. personnel issues that may arise. Operator 1.0 1.0 One Crew Leader directs 2two-person vacuum trucks that Field Svc. Worker perform basin cleaning and work through the main lines - II 4.0 2.0 starting in one basin and working upstream and downstream to Field Svc. Worker remove debris and obstructions. The crews clean lines that are 6.0 4.0 12"and smaller in diameter. Lines are cleaned on a 7-year cycle. • One Crew Leader is responsible fora 3-person crew responsible for installing sewer taps and making service replacements. The crew will also pour manholes. Sewer taps from 4" to 6" are installed and replaced by this crew. • One Crew Leader directs the activities of the "Rehabilitation Crew." The crew lays new lines replacing dilapidated infrastructure. Much of this work is accomplished through the use of revenue bonds or other CIP-related projects. • One Crew Leader is responsible fora 3-person crew that conducts main repairs. The crews will dig up lines and replace or repair, where necessary. The crew also pours manholes and performs repairs identified through smoke testing. The crew will also respond to emergencies and has been described as the "catch-all" crew. Matrix Consulting Group Page 25 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering No. of Unit I Positions) Positions Responsibilities Auth. Current WASTEWATER BENEFICIAL REUSE Reuse The Beneficial Reuse Manager oversees all aspects of the Administration compost production and sales operations. The position is also Beneficial Reuse responsible for budget preparation and monitoring and Mgr. 1.0 1.0 employee performance measurement and management. The Customer Service goal of the program is to dispose of two troublesome waste Rep. .75 .75 streams - Biosolids and Wood Waste - by recycling them into Admn. Secretary 1.0 1.0 saleable materials. The division sells 9 different products to local customers. • The Customer Services Representative works 30 hours per week and is responsible for operating the compost sales office and gathering and depositing all funds associated with compost sales. Shift work is Wed. and Sat. 7 AM to 3 PM and Tuesday, Thursday, and Friday 7 AM until 11 AM. • The Administrative Secretary is assigned to a variety of divisions. The position supports the laboratory, industrial pre- treatmentand the Reuse Manager and Wastewater Superintendent, reporting directly to the Reuse Manager. The position is responsible for preparation of various reports, purchase requisitions and purchase orders, and the like. Reuse Field Field Svc. The Field Service Supervisor supervises the Crew Leader and Supervisor 1.0 1.0 directs the daily compost production activities. The position Crew Leader also tracks data for biosolids, unscreened and finished Heavy Eq. 1.0 1.0 compost. It is responsible for making sure that the compost Operator 3.0 3.0 meets TCEQ and EPA regulatory requirements. • The Crew Leader supervises the 3 Heavy Equipment Operators by scheduling the weekly assignments to build compost windows, running the SCARAB, screening the material, and monitoring the brush and lumber areas. The Heavy Equipment Operators will also load the large-end customers who purchase the materials created by the composting process Matrix Consulting Group Page 26 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering No. of Unit I Position(s) Positions Responsibilities Auth. Current DRAINAGE Drainage Admn. The Drainage/Street/Traffic Superintendent reports directly Drainage/Street/Traffic to the Assistant Director (water) and provides the overall Superintendent 1.0 1.0 guidance, management and administration of these Drainage Manager 1.0 1.0 functions. As it relates to Utility Services, the Technical Assistant 1.0 1.0 Superintendent directly supervises the Drainage Manager. The Superintendent ensures appropriate drainage, street and traffic operations for the City of Denton and performs various administrative support functions related to these functions. • The Drainage Manager provides the direct supervision and oversight of the Drainage Division, including supervision of a Supervisor and the Technical Assistant. The Manager oversees drainage maintenance, street sweeping, high-water response, and disaster drills, and performs administrative duties related thereto. • The Technical Assistant provides administrative and clerical supportto the Drainage Manager including purchasing, requisition and work order processing, reporting upon hours/costs worked, Cartagraph data manipulation, and other support functions. Matrix Consulting Group Page 27 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Unit I Position(s) No. of Positions Responsibilities Auth. Current Drainage Field The Field Services Supervisor reports directly to the Field Svc. 1.0 1.0 Drainage Manager and is responsible for the field Supervisor 2.0 2.0 oversight (e.g. foreman) of the Drainage 0&M and the Crew Leader 1.0 1.0 Drainage Construction Divisions. The Supervisor Heavy Eq. Operator 3.0 3.0 provides direct field-level supervision to staff, ensuring Field Svc. Worker III 4.0 4.0 corrective and preventive maintenance is performed on Field Svc. Worker II 1.0 0.0 drainage assets; performs pricing, bidding and scheduling Field Svc. Worker I of services; and serves as back-up crew leaders in case of staffing shortages or absenteeism. • Two (2) Crew Leaders each provide direct field leadership over their 0&M and Construction. The crew leaders are responsible for leading the crew in maintenance and construction of the storm water system, assist in scheduling, and work directly with field crews to perform the dedicated duties and responsibilities. • Two (2) Field Service Worker III positions act as Street Sweeper Operators. Positions operate Tuesday-Friday 0700-1700 on the 4/10 plan, working OlT on Monday for leaf removal services. Sweeping occurs in four City quadrants twice-annually (or more if feasible), including every Friday in the City Square and main thoroughfares and based on citizen request. • Remaining positions staff the Construction Crews, dedicated to in-house construction and 0&M as needed. Construction efforts such and building detention ponds, channel re-builds, culvert installations, etc. Work includes survey control, design review, construction tasks and inspection services. Staff coordinate projects with the Drainage Engineer in Engineering. 0&M are maintenance on assets including storm inletlcatch basin cleaning; monthly summer-time mowing, weed-eating trimming and debris removal of 270 acres of drainage basins; and winter-time maintenance including lining of channels, grading, and brush clearance. • With the exception of street sweeper operators, staff work Monday-Friday 0700-1530. Matrix Consulting Group Page 28 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering No. of Unit I Position(s) Positions Responsibilities Auth. Current INSPECTIONS Inspections The Inspections Manager reports directly to the Inspections Manager 1.0 1.0 Development Review Engineering Administrator (currently Engineering Tech. I II 8.0 7.0 the Wastewater Assistant Director) and directs the activities of the inspections staff assigned to inspect any project that will become a City asset or that is within the City Right-of-Way or easement. Inspections include those for streets, sewer, sidewalks, storm drains, water, erosion control, and parking lots. A portion of the work is CIP and City-funded or CDBG-funded (Federal funds), while the remainder is developer funded. The position is responsible for coordinating the pre-construction meeting before the project begins for three-way contract work. Advises developers and contractors on how to move through the permitting and inspection process during construction. • The Engineering Technician III positions are responsible for inspection of all construction projects. This includes involvement in pre-construction by observing testing of materials, means and methods, and ensuring that specifications are being met. Inspections are typically made in the morning and again in the afternoon of each work day. Conduct walk-throughs with all City staff that will be responsible for maintaining the infrastructure. Inspects and enforces erosion control measures at construction sites. Inspects construction methods and right-of-way restoration of City of Denton crews and contractors performing franchise utility construction. Inspects materials and methods of construction for commercial parking lots. Performs and monitors the testing of construction materials. Maintains records of materials used in payments on publicly funded projects. UTILITY AND CIP ENGINEERING Matrix Consulting Group Page 29 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering Unit I Position(s) No. of Positions Responsibilities Auth. Current City Engineer 1.0 1.0 This position manages the City's Engineering functions in Secretary 1.0 1.0 a department that is responsible for the preparation, Intern 0.5 0.5 coordination, and management of the City's CIP projects. The position generates and approves operating plans and staffing for capital projects; develops and manages actual performance against operating budgets; determines priorities of work and communicates to department staff. • This position interacts with the community, developers, outside consultants and all levels of staff, City Management, Council, Planning and Zoning and various other committees to interpret and enforce Code provisions as they pertain to engineering andlor construction of public infrastructure. The City Engineer has seven (7) direct reports, including the engineers, the R.E. and Capital Sup. Manager and the Design Manager. The City Engineer develops and implements City and Department policies, procedures, goals and objectives, works closely with the Director to accomplish the goals of the Department, participates in the development of the annual budget and monitors expenditures. The City Engineer coordinates with the Assistant Directors of Water and Wastewater on CIP project development and oversight. The City Engineer represents the city and the Department in community forums and performs other routine administrative functions and special projects, as appropriate. • Currently, there is one Secretary assigned to directly support Engineering services. Matrix Consulting Group Page 30 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering Unit I Position(s) No. of Positions Responsibilities Auth. Current Engineering Services The Senior Engineer and the Engineer positions are Senior Engineer 4.0 3.0 responsible for design activities for: arterial streets, Engineer 2.0 2.0 drainage systems, water and sanitary sewer rehabs and relocations, and various water, sewer, and drainage projects. • The Engineering staff will also manage construction projects designed by outside engineering firms. These projects include elevated storage tanks, major water and sewer line installations, and major drainage basin improvements. They will also manage water system modeling projects and master plan updates prepared by outside contractors/consultants. All Water or Wastewater (Reclamation) Plant projects are currently managed by the Assistant Directors (who are also PEs) in those divisions of Utilities. • One Senior Engineer concentrates primarily on Traffic/Streets design and project management. This position is charged to those projects. This staff position is the primary liaison with the Traffic Safety Commission, preparing agendas and backup and addressing all relevant issues. • One Senior position is assigned the Drainage Engineer and manages and designs projects in the capital improvement program from planning through construction phases. The position represents the Utility and CIP Engineering Department in the Development Review Process related to drainage on an as needed basis and acts as liaison with other city departments involved in the review of land development projects, implementation of codes, rules and regulations applicable to the development projects, and reviews plans and specification related to and drainage. Finally the position acts in the capacity of Floodplain Administrator, serving as the primary liaison with the Corps of Engineers on CLOMR/LOMR issueslsubmittals and with FEMA. • The staff in this group is responsible for formulating and preparing budgets for all water, wastewater and drainage CIP projects on an annual basis, in addition to the projects for Blue Ribbon Bond Committees. Serve as in-house consulting and design service for entire City. Matrix Consulting Group Page 31 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering No. of Unit I Position(s) Positions Responsibilities Auth. Current Real Estate The Real Estate and Capital Support Manager reports RE and Capital Sup. directly to the City Engineer and is responsible for Mgr. 1.0 1.0 oversight of Right-of-Way administration, real estate Real Estate Specialist 1.0 1.0 acquisition, project management of consultants performing Right-of-Way Agent 2.0 2.0 real estate purchases, and Development Review Engineering Tech. III 1.0 0.0 Processing. The Manager is currently responsible for the direct supervision of three positions. • The two (2) Right-of-Way Agents are responsible for facilitation of off-site easements, assessing land rights and abandonments, permitting, annexation support, oversight of contracted surveying, land purchases and interface with the Planning Department. A large portion of the positions' time is dedicated to Development Review. • The Real Estate Specialist performs the same real estate and project fiduciary functions of the ROW Agents, only of amore complex nature, excluding the time dedicated to the DRP. • The Engineering Technician III position is presently vacant. Design The Designs Manger reports directly to the City Engineer Designs Manager 1.0 1.0 and supervises the subordinate staff and prioritizes and Engineering Tech. IV 1.0 1.0 assigns workload to all positions in this work unit. Spends a Engineering Tech. III 3.0 3.0 considerable amount of time looking up plans for interested Engineering Tech. II 1.0 1.0 parties (both developers/citizenslbusinessessnd other City departments) and providing information to those parties by showing what construction and infrastructure is in the field. Oversees the design technicians and checks their plans. Serves as the liaison for the group -all work requests come through this position. • The Engineering Technician positions (currently four are Engineering Design Technician Ills and one is an Engineering Design Technician IV) are responsible for taking information from the surveyors on either CIP, or field replacement projects, or developing a preliminary design for new infrastructure after meeting with the assigned Engineer. These projects are designed for Water, Wastewater, Drainage and Streets. Staff is required to possess design software knowledge and skills to operate AutoCAD. Larger projects are bid out to engineering firms. Staff also provides information to the public such as maps or answering questions or inquiries on the development process. Information is also provided to other departments for as-builts (location, size, etc.) Matrix Consulting Group Page 32 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering 4. SUMMARY OF OPERATIONS In the table, which follows, is provided a summary of the programs and services provided by the City of Denton's Water and Wastewater and Engineering Services. Representative workload and service level indicators are also shown. Function Description of Services Workload and Service Levels Water and Provides the overall leadership, guidance, The FY 2007-08 Budget Wastewater management and administration of the Department. for Water includes Administration Provides oversight to the various Divisions performing estimated expenses of water, wastewater, biosolids, reclaimed water, $42,226,682, including stormwater, and drainage services. 28% dedicated to debt • Interfaces regularly with the Utility and CIP service, 25% to Engineering Division in the initiation, development personnel services, and and project management of relevant CIP projects. 15% to Capital outlay. • Develops, approves and implements Department The FY 2007-08 Budget policies and procedures. for Wastewater (including • Develops, approves and manages the Department Drainage) includes budget. estimated expenses of • Develops and maintains good working relationships $24,447,606, including with other managers in the City and peers in the 30% dedicated to debt county, regional and state utility community. service, 22% to • Develops and maintains good working relationships personnel services, and with local business leaders, community leaders and 12% to Capital outlay. City officials. Water Cost per million • Performs various technical services including gallons in FY 07/08 - engineering modeling, GIS, project management, $4,496. financial services, and development review. Water Cost per customer • Performs routine administrative functions in the day to account in FY 07/08 - daymanagement of the Department, as appropriate. $1,049. • Wastewater Cost per million gallons in FY 07/08 - $3,598. • Wastewater Cost per customer account in FY 07/08 - $668 Matrix Consulting Group Page 33 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Function Description of Services Workload and Service Levels Water Produces potable water at the Lake Ray Roberts and Produced (est.) Production Lake Lewisville plants through supporting 7,385,014,000 gallons of infrastructure. potable water in FY • Treats surface water through coagulation, 07/08 (avg. of 20.2 sedimentation, filtration and disinfection processes. MGD). • 24/7 plant operators perform rounds and instrument The FY 2007-08 Budget readings/adjustments; SCADA monitoring; sample of $6.276 Million collection and testing of various samples such as Ph, represents 14.9% of the chlorine, turbidity, nitrates, etc; and minor Water Utilities budget. instrumentation, repair and preventive maintenance Water Impact Fee of tasks. $3,155 per Single Family • Plant maintenance and technical staff perform Equivalent is 2.4% below corrective and prevent maintenance including national average. mechanical, electrical, and electronic services at the From 1 /05 to 12/07 cost two water treatment plants, two booster stations, for water production have three enclosed (elevated) reservoirs, and five clear ranged from $0.33 to wells. In addition to this facility-related maintenance, $0.67 per 1,000 gallons staff are also responsible for landscape maintenance dependent upon activities at all sites. year/season with average $0.48 per 1,000 gallons. • Based on 6/07-6/08 backlog report, 1,483 hours of backlogged maintenance as been reported. Matrix Consulting Group Page 34 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Function Description of Services Workload and Service Levels Water The Water Distribution Division is in charge of The Water Distribution Distribution restoring interrupted potable water service and System consists of ensures that additional service lines are installed approximately 532 miles properly and that new installation requests are done of water lines with 5,497 promptly. main valves. • The staff responds to customer complaints about the An average of 3.8 miles of distribution system through expeditious repairs. water mains have been • Maintains a water line replacement program for lines replaced or were 12"and below. scheduled to be replaced between FY 2005-06 and FY 2007-08. This represents 0.9% of water mains replaced annually. • Approximately 18.7 miles of new lines were either installed or projected to be installed over the last three fiscal years. • The Division maintains 4,135 fire hydrants. • The number of water taps installed (large and small) over the last three fiscal years has averaged 80. • The Division has averaged 280 main break and services repairs over the last three fiscal years. • The number of valves exercised over the last three fiscal years was: 1,901 in FY 05-06;1,526 in FY 06-07; and 1,158 through April of 2008 (7 months). • Main breaks during the last three fiscal years were: 280 in FY 05-06; 157 in FY 06-07; and 152 through August 15th of 2008. Matrix Consulting Group Page 35 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Function Description of Services Workload and Service Levels Water Performs installation of new water meters, replaces Metering inoperable meters, and maintains the efficient An average of 1,043 3/4"' operation of all existing meters. to 2" meters were • Implement and maintain a safe back flow and cross replaced or scheduled to connection program. be replaced during the • Responsible for maintaining pressure regulators last 3 fiscal years. throughout the City (7 in the system). An average of 1,474 • Conducts a large meter testing program (3"and leaks were checked each larger) where every meter is tested better than every of the last three fiscal two years. years. • Conducts a flushing program of routine flushing and An average of 1,250 flushing of dead-ends where dead ends are flushed meter installations were once per month. The goal is to flush every hydrant in installed or projected to the City annually. be installed over the last three fiscal years. • The number of meter change outs totaled 1,887 in 2005;1,128 in 2006, and 851 in 2007. • The number of water meters by category are shown in the following table: Meter Meter Size Count 0.75" 27,822 1.00" 1,253 1.50" 766 2.00" 1,218 3.00" 268 4.00" 70 6.00" 8 8.00" 5 10.00" 1 Total 31,411 • The City is on a 13-year change out program for meters that are 3/" to 2" • 849 new backflow assemblies were installed and inspected in FY 06-07. • A total of 59,978,648 gallons were flushed in 2006-07, including routine, dead end, and dirtywater calls. Matrix Consulting Group Page 36 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Function Description of Services Workload and Service Levels Environmental Provides environmental support services to primary The FY 2007-08 Budget Services core business functions of the water and wastewater of $1.94 Million reflects a utilities, including pre-treatment, laboratory services, small percentage of the and watershed protection. wastewater and water • Performs laboratory sampling and testing and data utilities budget. analyses for trends, wastewater and biosolids FY 06/07 Total Water characterization, process efficiency, wastewater analysis for year -11,021 permit compliance monitoring, stormwater/watershed FY 06/07 Total monitoring, and drinking water quality protection. Wastewater analysis for • Provides general water quality monitoring, Phase II year -16,631 TPDES discharge requirement management, FY 06/07 Total Pre- ecological monitoring, public education, development treatment analysis for review, GIS updating, special projects and plant tours. year-10,482 • Administers the Industrial Pretreatment Program to Average cost per analysis comply with NPDES and TPDES permit requirements FY 06/07- $17.19. and protection of stormwater quality. Investigated and • Coordinates wastewater toxicity testing. monitored an average of • Coordinates compliance with the requirements of the 268 industrial Pecan Creek Water Reclamation Plant Storm Water compliance/NPDES Pollution Prevention Plan. monitoring issues over the last three fiscal years. • Conducted an average of 52 pollution investigations annually over the last three fiscal years. • Reported and investigated 2 Significant Industrial Users in non- compliancewith pretreatment performance requirements in calendar year 2007. Matrix Consulting Group Page 37 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Function Description of Services Workload and Service Levels Water Treats the City's influent at the main Pecan Creek Pecan Creek Water Reclamation Water Reclamation Plant and the Robson Ranch Reclamation Plant has a plant consistent with permit requirements. capacity for 21 MGD. • Treats influent through bar screens/grit removal, Plant is "fully-automated" primary clarification, aeration basins, final clarifiers, performing tertiary rapid sand filters, and various disinfection processes treatment with U/V including U/V. disinfection. • Treats influent (main plant) through bar screenslgrit Treated (est.) removal, primary clarification, aeration basins, final 5,443,000,000 gallons of clarifiers, rapid sand filters, and UlV disinfection. influent in FY 07108 (avg. • Handles solids removal for beneficial re-use through of 14.9 MGD) gravity thickening, primary and secondary anaerobic The FY 2007-08 Budget digestion, belt pressing and ultimately composting. of $3.6 Million represents • 24/7 plant staff perform rounds and instrument 14.7% of the Wastewater readings/adjustments; SCADA monitoring, and minor Utilities budget. repair and preventive maintenance tasks. Water Impact Fee of • Plant maintenance and technical staff perform $1,703 per Single Family corrective and prevent maintenance including Equivalent is 41% below mechanical, electrical, and electronic services to the national average. main wastewater treatment facility, 29 lift stations, as well as the Robson Ranch retirement community 250Kgsllon-per-day plant. In addition to this facility- related maintenance, staff are also responsible for landscape maintenance activities at all sites. Matrix Consulting Group Page 38 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Function Description of Services Workload and Service Levels Wastewater Responsible for providing a reliable and safe system Total collection system Collection to transport wastewater from the source to the (including force mains) is wastewater treatment plant. 480 miles, including 21 • Performs routine maintenance and rehabilitation of miles of force mains. the sewer system to reduce inflowlinfiltration (I&I) and In 2006-07, the division reduce potential system overflows. replaced/rehabilitated • Respond to customer complaints about system 4.49 miles of sewers. problems, including sewer stoppages, bad odors, etc. 80.91 miles of sewer pipe • Rehabilitate manholes in the sewer system. was cleaned and rodded • Systematically clean the wastewater collection in 2006-07. system to clean the entire system once every seven The City has 295 miles of years. sewer lines under the • Replace sewer service lines located under the streets, 100% of which is streets, focusing on those lines receiving complaints - sanitary sewer only. within one year (division goal). Last year the division spent 951.25 man hours responding to sewer emergencies that required corrective action. • In 2006-07, 91 % of work orders were completed within one day, one percent were completed within two days and 8 percent were completed in more than 2 days. • The City has 5,630 manholes. • The division rehabilitated an average of 500 manholes annually over the last three fiscal years. Matrix Consulting Group Page 39 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Function Description of Services Workload and Service Levels Wastewater The Division takes yard waste and biosolids and An estimated 3,200 tons Beneficial recycles them into marketable products. of solid waste was Reuse Products include: Dyno Dirt, a biosolids compost; diverted from the landfill Dyno Soil, 60% compost and 40% sand; Dyno Lite, in FY 07; 2,700 tons in FY soil with no biosolids -promoted for use in vegetable 06 gardens; Dyno Landscape Mulch; and Dyno Double An estimated 2,700 tons Grind (fine and coarse), wood waste mulch used for of sludge was diverted water retention. from the wastewater • The division markets and sells all products in a system in FY 06; 3,200 program that began selling in 1997. tons diverted is estimated • Educates the public on uses of the products; for FY 07. conducts marketing through local festivals, electric An average of 74,666 bills, newspaper advertisements. cubic yards of saleable • The division also sells effluent reuse water to 8 products was produced current customers with take-it-or-pay contracts. annually each of the last three fiscal years. • The cost per cubic yard to produce the materials has ranged between $13.15 and 14.39 per cubic yard over the last three fiscal years. Matrix Consulting Group Page 40 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Function Description of Services Workload and Service Levels Drainage Under the Clean Water Act, expedites the The FY 2007-08 Budget enforcement of stormwater drainage regulations to of $1.92 Million clean up pollution from storm water, running into represents 7.9% of the rivers, lakes, and streams. Wastewater Utilities • Performs drainage maintenance, street sweeping, budget. high-water response, disaster drills, and special Street Sweep an projects. estimated 9,000 curb • Performs drainage maintenance, street sweeping, miles annually based on high-water response, disaster drills, and special semi-annual service to projects. most City and weekly to • Maintains assets through storm inletlcatch basin "core areas." cleaning; monthly summer-time mowing, weed-eating Estimated 1,600 acres of trimming and debris removal of 270 acres of drainage channel and detention basins; and winter-time maintenance including lining pond mowed based on of channels, grading, and brush clearance. monthly seasonal • Conducts in-house construction services of detention schedule and 175 of 270 ponds, channel re-builds, culvert installations, etc., acres maintained and ancillary responsibilities such as survey control, presently with design review, and inspection services. groundcover. • Isself-funded, including funding the Watershed The Street Sweeping Protection Division. Crew swept 6,294 miles of streets in routine routes; 1.25 miles of streets due to external requests; and 117 miles of streets due to internal (City) requests in FY 2006-07. • 2,839 linear feet of bar ditches were cleaned in FY 2006-07. • 16,345 linear feet of concrete channels were cleaned in FY 2006-07. • Over 1,522 acres were mowed in FY 2006-07 by drainage mowing crews. Matrix Consulting Group Page 41 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering Function Description of Services Workload and Service Levels Engineering Responsible for the preparation, coordination, and Managed an average of management of the City's Capital Improvement $29.33 million in CIP Program projects. projects over the last • Specific responsibilities include project development, three fiscal years. design, surveying and data gathering, project Completed (or projected management, construction inspectionladministration, to complete) an average and contract administration. of 27.6 miles of survey • Records plats and as-built structures of new projects over the last infrastructure. three fiscal years. • Responsible for Right-of-Way administration, real Real Estate Group estate acquisition, project management of consultants working on 98 different performing real estate purchases, annexation support projects as of 6/08 with and Development Review Processing. 28% of projects • Responsible for Code interpretation and updates, associated with Water, design standards. Wastewater and Drainage. • An average of 90% of ROW inspections were made within 4 hours over the last three fiscal years. Matrix Consulting Group Page 42 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering 3. DIAGONOSTIC ASSESSMENT AND BEST MANAGEMENT PRACTICES This chapter involves the diagnostic assessment of Denton's water, wastewater, engineering and development review processes. A diagnostic assessment is used by the project team to report operational findings and help identify important issues for further study. In order to make the assessments of operational strengths and improvement opportunities, the project team has developed a set of measures or "best management practices" (BMP) against which to diagnose the organization. The best management practices noted in this chapter are: • Statements of "effective practices" based on the study team's experience in evaluating operations in other cities or "standards" of the profession from other organizations such as the American Water Works Association, American Public Works Association, American Planning Association, etc. • An Identification of whether the divisions meet the performance targets and if not, potential opportunities for improvement. • Reflective of potentially broader issues deserving further analyses if common themes are discovered (e.g. incomplete use of technology features). It should be noted that agencies may not be able, or are unwilling to implement a best practice for a variety of reasons that include: • Insufficient resources, whether personnel or fiscal, to adopt a best practice. • Inadequate available time to proactively implement new practices due to priority focus on managing critical day-to-day issues such as significant community growth . • Insufficient support from political, executive, or managerial personnel to adopt a best practice. • Inadequate buy-in from line staff to implement a best practice. Matrix Consulting Group Page 43 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • Disagreement that the best practice, although successfully implemented in other agencies, would not be successful (for various cultural, organizational, or local/regional issues) in the agency under BMP review, and therefore is not a "best practice" from said agency's perspective. Although there are relevant reasons, as noted above, to not implement an identified best practice, the ultimate intent should be to strive for implementing as many practices as feasible. The following best management practices are to provide the City with a framework from which possible issues are developed to be focused upon in the remainder of this report. These BMPs have been previously reviewed and commented upon by the City's project Steering Committee members. 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U N~ ~ O ~3 N 0 -~ ~N~~ N ~ +~ O~~ O O U 0'- ~ ~> N • ~ N ~ N A N N ~ ~ ~ 0 N ~ ~ 0~ >, ~ . ~ ~ N • ~ > 0 ~ ~ 3 (~ +~ N~ 3 QN+~ N ~ t~~ ~ N N ~~ ~ ~ QQ ~ ~~ ~ ~ •N~ N ~ ~ t~ (n N ~ N}-~, N~ U •N ~ j ~ 3 ~ N .0 ~ '~ U N •- ~}' ~ N N ~_ ~ ~. ~ 0 , N~ OQ ~ ~ t~ N ~ N ~~ ~ ~ ~ ~ 0 t~ ~ U>~ ~ 0 ~ ~ Q~~ N ~ U ~c~ O ~U ~ ~~ ~~m~ Z N ~ p ~ ~~ N(n+~ U~ ~ (~ N ~ ~ ~ cA (~ ~ N N : ~ U ~ ~ ~ t6 ~ ~ N ~ N ~ N N ~ N ~ 0 ~ t6 ~ ~0 ~ ~ ~ ~ ~ ~ U ~~ ~ ~~~ }' ~ t~ ~ ~ ~ U ~~ N p N'~ N ~ ~ =~~~.~cn a.., v ~' V 0 ~ N Ns U ~•U •N ~ ~~ ~~ ~ N ~ ~0 ~.~~ ~~ ~~ ~ ~ O N ~ o Q~3 ~ oo ~ N 0 ~°~~ N t~ N t~ ~•~~~~~~~m a , ~o~ N ~ ~~0 0~~,oo~~c~~ ~ (6 .N U ~ N ~ ~ 0 0 ~ ~ N ~ 0 ~ U N .~ ~ +r ~ ~ ~~~ ~ ~, ~~ NN~ ~~~~Nt~~~~t~ ~ - ~ ~ ~~~ 0 O~ ~~~ _ ~•~~N~~N~~~ ~ U Q ~ N ~ ~ ~ ~ 0 `~ ~ ~ 0 N ~ ~ 0 t~ ~ ~ ~ +, ~ ~ t+ 0 Q U N ~ •~ ~ 0 ~ N ~ (~ 0 ~ ~ N~ p ~ ~ 0 ~ 0 _p ~ N~ N ~ N p ~ ~ ~= }' N ~ ~ ~ N m ~ ~ ~ Q N ~ (6 ~ > •- ~ ~ ~" ~ ~ ~- ~ N~ U 0 ~ ~ ~ ~ U N 0 ~ ~ _ ~ ~ , +~ ~ N N ~ >_ ~ N ,~ ~ }, +~ +, 0 N ~ U N ~ N•+-~ ~ +~ ~Q ~ 0 ~.- ~ ~ N _ O~ p~ t~ O N N V QO N O 0 0~ N~~ (~ ~ ~ ~ ~~ Q._ 0~ ~ Q N Q~ ~ X ~~ A N N ~ N~.N~ 0 >'~ ~ N Q~+~ N U N (~~ ~ 0 .~ 0 V .~ .~ W V w a w 3 w ^~w ''AA W v, ~ W 0 ~ ~ ~~ ~ ~~ Z ~ W ~ Q ~ ~ ~ ~ ~ ~ V~ ~ ~ ~ ~ ~ ~ ~ N Q N ~ U ~ ~ ~ ~ ~ ~ ~ N Q ~ N ~ 0 ~ ~ 00 ~ •-0 ~ N ~ N N ~ N ~ 0 ~ ~ N ~ U ~ ~ (~ ~ > ~ .~ 0 ~ ~ ~ Q~ Q~ ~+ ~ a--' 0 ~ ~ ~ .~ N ~ L ~ L _ ~ ~ 0 ~ ~ ~ ~ _ '~ ~ ~ O Q 0 ~ ~ ~ ~ Q~ ~ Q~ (~ ~ (~ ~ - fA (6 ,,,~ 0 ~ O ~ ~ Q•~ N ~ 0 U U1 N ~ ~ ~ cn ~ ~ 0 Z U 0 N N ~ ~ ~ ~ ~ ~ ~~ 0 ~ i ~ ~ ~ ~ N ~, N • (A ~ t6 ~ ~ U t~ ~ ~ ~, ~ ~ > ~ ~ Q ~ ~ ._ N ~ ~ U ~ ~ ~ a~ ~~~ c~ ~ ~ ~~ N-°~~.~ c~nc~n N>~>•- ~ N N N ~ ~~ a~~ N~ ~.~ ~ ~ ~ m ~ ~ ~°~ ~ ~~~`~ ~~~o o~~ ~~ as .~~~ .~ ~ ~ N - ~ v N ~ ~ N 0+ - > 0 _ ~ 0 ~•~ 0 U ~ t6 ~ N~ ~ ~ t6 ~ ~ .~ ~ ~ .~ U ~ ~ ~ t6 ~ ~~,~ ~ ~~°~ ~~~3 t~ °v~~ ~ ~~ > Q N 0 t6 > ~ ~ N~ ~~ ~ ~ ~~~ N Q ~ t~ ~ 0 ~ N +~ 0 U >'~ ~ ~ ~ N ~ ~_ ~ ~ ~ ~ t6 ~ ~ •+ ~ N~ t6 ~ 0 0 .~ U ~ ~ O U N ~ ~ ~ N ~ ~~ t~ N 0~ ~+, t~ ~ 0 V ~ 0 N 3 m N~~~ ~~~>, N ~ N QO~•L >>,N~ N ~ ~~N N N~00 ~ N t~ ~ ~ ~ ~ ~ ~ ~ ~`~ ~~• N ~ •V ~ ~ N 0}' ~ ~ V (~ N ~ t~ 0 ! ~ ~ ~ N - 0 t~ ~ ~ ~ Q U ~cn~ ~~~ J Q OC W Z W C~ N Z O H Q W a O w Q w a 3 N 0 L .~ L O I •NW ~ t~}' v ~' N ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ s ~ _ N~ ~ ~~U •- m ~ ~ 0 ~ > ~ t6 t6 t6 ~ ~ ~~Q~ ~ N ~ ~ N ~ t6 ~ ~ ~ U a~ ~'~ ~~a~ L OQ~ > ~ 3 ~~ U ~ ~Na~ ~~N~.N °j , ~~U ~~° •~~ ~ (~ ~ ~ ~ ~ 0 ~ ~ z ~ 3~ X Q~~c~ m ~ U ~ ~ ~ ~ ~ ~ ~ U ~ N ~ 0 a N ~ ~ ~ ~ N U ~ .v •N ~ ~ t~ t~ ~ a,,, 0~ - ~~ ~~ ~ N +~ ~ •~ ~ O ~ ~ ~ ~ ~ .N ~ ~ ~ ~ ~ ~ ~ O > ~ ~ ~ N U ~ a ~ WN ~~ ~~~ ~+~ ~ ~ ~ t6 0 ~ N 'V ~ N ~ ~ }' ~ ~ `~ ` ~ N O N V 0 0 L ~ N ~ N m ?~ 3 ~ ~+ ~ ~= +i > ~ ~ Q~ 0 Q ~ 0 .~ 0 V ,~ .~ .~ W .~ w ~w ~I~i1 . „~~ Z ~ ~~ Z ~ W ~ Q ~ ~ ~ ~ V~ 00 ~ m ~~~~ ~ ~ U ~ ~ ~ ~ N ~ N N ~ ~ O ~ N ~ ~ N ~ ~ ~ _ N p 0> 0 0 0 },~N~~ ~ ~ N ~ ~ O N - ~ N ~ ~ +~ ~ O ~ ~ N ~ ~ U ~ 0 ~ ~ ~ ~ ~ N ~+ ~ }'~c~n~}'•U 0 ~ ~ t6 ~ N ~N +, ~ ~ ~ ~ N Qt6~ N 0 0 '- ~ ~ ~- U N t6 ~ N 0 N p 0~ 0~ ~ ~ ~ V ~ ~ O N ~ N N s ~ O ~ ~ ~ (~ N N ~ ~ N 0~ ~ ~ ~ O O O Q ~ ~ ~ ..~ ~~ ~ ~ }' ~~ O~•~~a.., O N ~V~~~a~~~ c~N N ~ - ~~ Lo o ~ ~c~m>-a~ ~~o-~~ ~ 0~ ~~~ ~ c~vi ~ OWN ~ ~ ~, ~ oo ~a~ ~a ~•~>~o ~~ ~~ ~ o> ~ ~oc~ ~ ~ ~~,.~ ~~o y c~ 3N U~ N U ~~~ U '- ~ t6 ~ o°'~~~ N •- ~ N ~ ~ ~ ~ ~ p ~ 0 + ~ ~ ~ '~ 0 ~ ~ ~ 0 0 U •N t~ ~ 3 ~ N ~ ~ ~ ~ O N ~ ~ ~ ~ U 3 t6 N U ~ N N N ~ ~ U N '~ = N N + + N >,~ Nom- ~ ~ N ~ ~ N .-~ ~ 0 ~ Q ~ ~ N }, t~ O N ~ > ~ • }' ~~~ ~ ~ 0.~~ ~ t~~. Nc~~ ~ t~ ~ ~~ p N N ,~ +~ ~ ~ 0 ~ ~ ~ t~ N ~ Q~} ~O ~ N •- ~ t~NN ~ N 3 ~ L U N ~U~ ~ N 0 ~ ~~ ~.~~ U~ _ N N ~ ~ 0 ~ N ~ N ~ ~ N ~.~ 0~ ~ ~ ~ ~~ ~ N 0 ~ ~ ~ ~ ~ >,~ ~ 0 ~ 0 0 U 3 > 0 t~.N 0 ~ O N ~ U ~ • N3 L~ V ~ 2p N 3N ~ ~ ~ N t6 _~ ~~~~(~N~ ~ ' ~ ~_ ~ ~U(~ >0 ~ ~ N ~ ~~N ~ - UU ~ ~ >~ N 0 U ~~ ~~~N(~~~N > > - ~ N N ~ O ~ >, +~ > ~ ~ ~ ~ ~ t6 _N ~ ~ t6 ~ ~~ ~ OU ~ ~ N N _ U ~,cA ~~ V ~+ U 0 ~ N ~~ N O~ 0 ~ ~ ~ U.~ ~}' > N ~+~ t6 ~ U~ ~ = O N ~ ~ ~ >~ ~~ ~ ~ ~ N ~ N N a ~ t~ N 0 ~ ~ ~ ~ ~ Q o ~ ~ • U }' - N N >_ }' ~ N }' ~ 0 (~ ~ N p ~ N •- ~ o N ~ ~ (6 ~ N 'U 0 ~ ~ ~ ~ ~ ~ ~ ~ t6 0 0 ~ ~ ~ ~ Q t~ ~ N '~ ~ U ~ ~ ~ N ~ ~ N ~ N ~ ~ ~ (~~N ~N~ ~ 0 ~ U~ t~ Q ~ N ~ ~ ~ ~ N ~ NN~~~N ~ ~ U N~ ~ ~ N ~ 0 ~ N~ N 0 t~ ~ ~._ N ~ ~-~ N 0•- ~ ~ ~ ~ ~ ~ ~ p ~ 0 ~ ~ X ~~ ~ '~ ~ ~ ~ ~ N ~ U ~ ~ ~ ~ j U ~ ~ ~ m .N ~ N N ~ U ~ (nom pp 0 L ~ 0 ~ ~ ~ ~ (~ 0 ~ u N ~ ~ N ~ ~~ ~ 0 ~~ j O ~ 0~ N ~ ~ ~ 1 ~ U^ (~ N N ~ > ~ +~ N~ ~ N ~ U ~ U a cnL ~ ~ ~ ~ ~=~~o~ Q3~acn~ ~~ ~~ ~~ ~~~~~0 0 .~ 0 V .~ .~ W .~ w ~w w . „~~ Z ~ ~~ Z~ W~ Q ~ ~ ~ ~ ~ ~ V~ 0 ~ o ,a ~ ~ ~ ~~ °' o ~ ~ ~~ ~ ~ ~ •> ~ ~ 0 N N ~ U ~ ~ ~ U U ~ ~ ~ L N ~ ~ ~ ~ ~ ~ ° ~_ .~ ; ~ ~ ~ p ~ ~ ~ ~ ~ L • ~ ~ •- ~ 'O ~ ~ 0 ~ ~ ~ •~ ~ O ~ Q ~ ~ ~--~ ~ oU o ~ Ucn z~ o _ - o ~ ~ - c~ ~ N~ 3~ ~L ~ ~~ ~ ~s ~ ~ gy=m ~~' m° ~ o °~ ~='~ ~N~ cn0~~cnp ~~ °•-~ ~° vi ~ ~ ~ o~ ~ ~ooc~°U O ~ cn - ~ ~~'~ ~ oo ~ ~ ~ ~o cn N ~ NONQ N+~~ Nth ~ ~cn ~ ~ ~~~~-~ O ° ~~Q ~~ ~ c~N ~ _ ~N ~ as c~ o ~ °~~~~c~ ~ ~~.os o ~~ ~ mo .oa~i N ~~~~~~ ~~~ •NC~ c~~ cn~ ~o~a~~~ ~~~ ~3 ~~ ~° ~~~~~o o a~ ~ai~ ~ ~,~ o :~,~ o ~ ~~vi ~~~=~•Q 3 N~•~ ~ ~ cn~ ~~ L~~ N N O ~~c~ ~~ 0~ 0= ~ ~~~ N N O o~ Q~ a~ ~ ~>~ t6~, U +'N~~~O ~~ > ~- 0 N ~0 N•-•~ ~ t6 t6 UN ~ ~ N~ ~ N V~ N N L ~ ~ ~ N ~~ ~~ ~ ~ ~ (~ Q ~ p (n ~ ~ U ~.~ U _O V O 0 L ~~ ~ ~ _ 0 N N ~ ~ U ~ ~ ~ ~ ~ ~ ~ ~ L N = N O ~ N t~ N ~ ~ ~~ ~ ~ ~ 0 > ~ ~ - ~ ' L N ~ +~ U ~ N ~ t~ ~ N ~ > ~ Q ~ N Q ~ - ~ ~ Q +~ p 0 U cn '~ ~ 0 N c~ ~ ~ cn cn i + ~ ~ t~ 0 ~ ~ t~ ~ 0 N ~ N t6 0 ~ N ~ ~ ~ N ~ ~ j ~ N . _ >~ , _ ~ ~ a ~~~~°~o~cn ~~~~~o ~~~ c~ o~c~~ ~o ~ ~ _ 0 •~ - ~ ~ cn ~ cn ~ .~ N ~ ~ ~ N ~ N ~ ~ N O ~ V U 0 ~ N 0 N ~ Q O (6 .N ~ (6 ~ ~ ~ ~ Q V ~ U ~ '~ (6 N ~ ~~^,, (A `~ ~ ~ ~~~ ~ '~`~OO ~ 0~~00~ N ~ .~~ NO t~ Q 0(60 ~~ ~ ~ N }, ~ +, ~ ~ ~ N ~ N c~ } ~t~~U~ ~ U~ ~ N ~ ~ ~~ ~~0t~ N }, ~ N ~= ~ ~ ~ }' ~ N t~~~~ ~ N ~~ ~ , N }, ~ ~};~+~•-Nth ~~ ~ N ~ ~ t~ ~ Q N 0 ~ . ~U}'~~0 ~ }, N N ~ ~ Q. N ~+~~ ~ p N ~ ~ ~a..,N.~ N ~.- N•- ~- U U ~ ~, ~ ~o~~o~~~~a•~ ~ ~o~~.~o ~~~~~ c~~~N o~~ m t6 ~~ t6~ t6 ~ '~~ N N~ ~N ~ 0 ~ ~ ~ Nam ~•~ ~ ~ ~~•0 }' O~NN~~ON~~_~ +~ U~ ~~ N~ 0 N~ ' ~ ~ ~NN~~ U N N U~ N ~N~ = ~+~ N~ 0 N 0 ~ •~~0•N'V N 0+, N . ~' N~0 ._ ~V ~ t~ ~ 0 ~U ~ ~ 0 Q~ ~ ~ ~ ~ Q V N N ~},' ~.0 N ~ ~ ~ N ~ > p ~~+ ~ U ~ ~ N ~ ~ U N ~ ~ ~ = ~ 0 - ~ ~+ 0 ~ L N ~ (~ ~.~~ 0 ~~ (~ ~ 0 ~.N~ ~~~ Q (~`.c~ U ~ _ ~ ~ > (~~ (n+~ U as a 0 .~ 0 V .~ .~ W V w i w 3 w ^~w ''AA W v, ~ Wo ~~ ~~ ~ 0~ ~~ Z ~ W ~ Q ~ ~ ~ ~ ~ ~ V~ N ~ •- ~ O ~ N ~ N 3 ~+ ~ N N ~ ~ N ~ ~ 'N ~ N ~ ~~ ~~ 3 3 a~ o ~ ~,~~ o. ~,~ ~ .~~~ c~~ ~ ~~~~ 3~ - s a~ o ~ai~ ~~ . 3 o~~~ ~~ y a~ ~,~ o N=~~ nom ono _ ~ ~ ~ i >_ U N 0 ~ ~ ~ 0 ~ ~~ 0 N ~ ~ 0 N •L ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ N ~ ~ 0 Q~._~ Uo~ o .~ c~ ~>~ a~ ~~ ~ ~~o~ N ~N N N ~ ~ ~ ~ N USN ~ ~ ~~Ucon N s ~~Q ~~~ ~ ~oo~ N UO N ~ oNZ o ~n•~~ ~ ~ ~ t6 ~ ~ vo ~ r~ 0 ~ no ~QcvU m o ~ ~ O ~ ~ as N ~ ~ 3 ~ ~ N o V ~ p ~ U V a o ~~ ~ ~ N ~ (~ ~ ~ ~ ?~ 3~ °~ ~ N~ ~ ~~ o ~ m - ~ +, ~ ~ ~ o~ ~ o ~~ `~ o ~ N~ N ~ N ~ N ~ ~ ~ 0 0~ m _ •~ O N ~ ~ N U }' N~ . N ~ N ~ ~ N ~ '~ ~ O t~ ~ .~ •V ~ +~ ~ (~~ ~ ~ UoN Z 0 V W J J V N Z O H Q W a O w Q w a 3 M 0 L ~° ._ r L m o ~ 0 0 ~ ~~ ~ ~ ~ ~~ ~ ~ o ~m ~~ ~a ~~~ ~~ ~ m °~ ~ ~ ~ o ~ c~ ~ ~ o ~ ~ N~ ~~ ~~ a~= ~~ ~a~ ~~ ~ ~ Q ~~ = Q U oNN .~~.a~ mN ~~ m~~~ ~~ o i _ ~ N ~°o ~~ oN 0 '`~~~ ~ cn ~ - N ~ ~ o~ o ~ ~ N L. O +~ o t6 U ~ ~ U o ~ ~ N N E . U . ~ t6 ?~ > ~ ~ ~ > N ~ N ~ N ~ U . U `~ U~~ ~~ U m ~U ~ U.~~ a~ Q cones . m ~ ~ ~ ~ o ~ ~~~~ N ~ t~ O N~ , ~ V ~ o ~ ~ ~ o `~ ~ ooa~- t6 N U N (6 N N ~ N •~ V ' ~ ~ ~ N ~ N 0 ~ ~ ~ ~ ~ ~ N 0 ~ N N ~ - N ) o~ +~ 0 ~ +~ ~ t6 ~ a ~~~ ~,m ~p oQON~` ~ .~ Q Q N ~ ~ (~ ~ t~ ,0 U 0 ~ ~ N ~ `~ N ~~ Q~ V t6 .N ~ ~ as ~ ~~.o a~N~ .o ~~ U~ o~,~~ o a~~ No.° +, ~ ~ t6 t6 0 ~ V U > (A ~ ~ U ~ ~ 3,~~ ~>~ ~o N~ a~~ ~~ ~N~NC~~ ~~o~~N . ~~~ ~o ~~ ~o~~~,~~. ~ ~ +~ ~ N~ N ~ m N ~ ~ 0 ~ V N t~ o ~~ ~ p~ 0 ~ (~ ~ ~'~ ~ U ~ U~ ~ N ~~ ~ •~ ~ ~ ~ cnoQO ~~ , ~ ~ ~ ~ ~ t6 ~ ~ ~O-c~ ~ ~c~ ~ ~0 ~,~ ~ 0 N Qcn~cncn._U 0 as a 0 .~ 0 V .~ .~ .~ W .~ w ~w ~I~i1 . „~~ Z ~ ~~ w" W ~ Q ~ ~ ~ ~ ~ ~ V~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q~ I 3 ' ~ (~ = ~ Q N ~ ~ X ~ ~ ~ _ ~ ~ ~ N N ~ ~ (~ ~ ~ ~ fA ~ '~ _ ~ ~ 0 ~ N ~ ~ ~ ~ •~ ~ ' ~ ~ ~ ~ ^- O O ~ ~ N N O ~ ~ 3~~N ~ 0 0 N ~ U Q ~ ~ ~ ~ N 0 ~ N > ~ N O ~ OOH ~ ~ ~ ~ ~ O ~ N }' Z ~ 00 ~ .~ t~ }, ~ o N N N ~ U ~ ~ N ~ ~ ~ ~ t~ }, ~ ~ ~ U ~ ~ N ~ ~ t~ ~ N ~ N ~ U 0 0 N ~ 0 _ ~ ~~ N N N L ~ N O Q t~ N }' ~ +~ ~ ._ }' +, ~~ N U N U N U ~ .p . ~ U ~ N 0 N ~ ~ ~ t~ N ~ 0 t~ ~ t~ p ~ ~ t~ ~ t~ ~ ~ ~ U ~ ~ ~0 N ~ ~ N N O U N ~ 0 , ~ ~ _ ~ }' +~~ O _0 p } ~ ~ ~ U ~ ~ ~ L U 00 t6 ~ ~ U ~ ~ 3 ~ ~ ~ t~ 0 ' ~~ ._ N ._ N N ~ ~N >,~p 0 ~ ~ N ~ ~ 0~ ~~ t~ t~ ~~ 0 ~ ~ 0~ 00 0`~ ~ ~ t~ ~ '~_ ~ ~ 0 ~ ~ ~ O~ ~ ~ ~ ~ ~ ~ O ~ ~ 0 ~ O N t~ U t~ ~ 0 ~ 0 ~ ~ N ~ N ~ N ~_ ~ 3 ~ ~ N+~' 3 NO ~~~ ~ ~ ~ ~ 0~U ~0 ~ ~ t~ ~ t6 ~ X t~ N ~ ~ ~ O N ~ N ~ N ~ '~ 0 ~ >' O ~ 0 0 ~ N N~ ~~ N ~~ ~ U~, N U 0 ~ ~ ~ ~ O U~ Q •N0 ~ N+~ C)~•~ ~__ C)~ ~ ~ N 0~~ O t~ ~ ~ 0 0~ N 0 1~ ~ N ~ N +,~ ~'~ ~ ~ ~ Q~ ~~ ~~ ~ ~ p~ ~ ~ p ~~~~ ~~~ ~~ (~0~ Q IL~~ ~~~ ~ ~ N 0 ~ ~ ~ ~ ~ 0 ~ ~ U N N ~ _ ~ ~ N ~ O ~ t~ N ~ t~ t~ N N Q O ~ O O O ~ ~ 0 ' +~ p ~ +~ ~ ~ .N N +~ ~ O 0 ._ >, N ~ ~ 0 v ~ ~ N U ' I ~ ~ ~ ~= ~ N N ~ ~ ~ t~ ~ ~ t~ t~ ~ ~ ~ ~ o~ N > ~ ~ /~ o~ p ~ a--+ '- 3 ' N ~ o ' ~ 0 ~.'~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ N ~ ~ ~ ~ 0 +~ ~~ ~O +~ ~ N+, ~ U _V ~ ~ ' ~ 3 t6 0 0 +~ ~ ~ ~ ~ ~ ~ ~ t~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ •~ N ~ ~ _ 0 ~ ~ N ~ ~ o U 0 ~ ~~N Np 00 ~~ ~, N o~ ~ ~Q o Q N~ ~ ~~~ ~ ~ ~ ~~ ~ 0~0 ~ Q ~N ~ N o N N o ~ +~ ~ N ~ N ~ ~ ~ N N t~ ~ ~, ~ ~ ~ ~ 0 ~ t~ N ~ ~ 0 `~ ~ O ~ 0 `~~ ~ ~ ~ ~ 0 ~ U a (6 N ~ ~ o ~ ~ ~ N 0 .~ •~ 0 0 N ~ ~ N ~ ~ N p 0 ~ ~ NU ~ t~ 0~ ~ ~ ~c~ ~ Qm (n ~ (~~ ~ ~ ~ Qac~ N Q~ 0 ~ Q~cn ~ (n ~(~ 0 .~ 0 V O ~ ~ ~ ~ ~ N ~ U 0 N ~ ~ ~ ~ ~ ~ _~ N ~ ~ .~ •~ •~ ~ ~ ~ L ~ 0 0 N U ~ •N ~ O ~ N (~ ~ ~ ~ 0 t~ ~ ~ ~ N N ~ Z ~ ~ ~ N ,~ ~ ~ N i > ~ ~ '~ = N ~ ,~ t~ W ~ ~ 0 ~ N V ~ \ ~ ~ N w ~ ~ ~ ~ ~ w Q o 3 ~ ~, w V > ~ ~ >' ~ ~ ~ N ~w a ~ ~_' ~ w ~ ~ ~ Q ~ ~ N~ ~~ ~ o~ ~ ~~ ~° ~ ~ Z~ ~~ ~ ~ 3 p~ ~ ~~ ~~ ~ ~~ ~ ~ ~ 0~ a~ m N~ ~~ 0~ ~~ ~ N a~ ~ ~ ~ ~ ~ V~ Z Q J a Z O H Q W a O w Q w a t~ ~ ~ ~ ~ _ ~ ~ _ t~ ~ L 0 ~ ~ ~ ~ ~ ~ ~ L ~ ~ Q~ ~ Q (~ L 0 N ~ • ~ 1 N N ~ ~ t~ +~ 0 ~ Q~ ~ ~ 0~ a N N N N~ ~ t6 ~ ~~ ~N ~ p ~ 0 ~ U ~ ~ ~ ~' O~ N Q ' U N N 3 ~ N ~ U N N ~ ±' N ~ ~ ~ •~ ~ ~ ~ ~ >, t6 ~ ~ ~ ~ ~ N ~ ~ '~ 1 0 ~~ N U t~ ~ N 0 ~ +~ U ~ ~ N N ~ t6 0 N ~ ~ N N N N >, 0~ •V •~ •V 0 ~ '- N N N N ~ ~ ~~ ~ U 0~ ~~ ~ ~ U ~ ~ U O 0 ~ t~ ~~ ~N 0 ~ L ~ 0 ~ 0 0 p t~ N 0 D N~ N~ N ~~ Q ~~ N U N ~ ~ ~ ~ ~ •~ ~ ~ ~ N ~ 0 N ~ t~ ~ ~ ~ p ~ ~ ~ N 0 +~ ~ 0 N +~ 0 ~ N ~ > ~ ~ ~ N ~ N ~ ~ N 0 ~ N 0 ~~ ~ ~ ~ t~ ~ ~+, ~`~~ ~ N ~ ~ N ~ ~ ~ N 0 •-~ ~ N Q ~ U ~ ~ ~ ~ ~ 0 ~ N 0 U . ~ ~p ; ~ ~ ~ '~ U 0 U ~ ~ ~ ~~. ~ N N ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ Q t~ N ~ ~ N ~ Q~ ~ Q ~ U t~ U N ~ ~ ~ ~ ~~ 1._ N+~ Q= ~ ~~~(~> ~ ~~ ~ ~~ ~ `~cn t~~ N ~ UN 0 2 U~c~ ~ ~ c~ Q~ mm ~ c~3 ~, L ~ +~ 0 t~ O ~ N ~ N .N ~ t~ 1 N ~ ~ _ ~ ~ ~ .~ p ~ ~ ~ ~ N ~~ ~ ~ }, ~ ~ N +, N ~ U ~ ~ N t6 - }, * ~N N ~~ U ~ ~ ~~ ~ +, }1 ~ ~ N ~ 0 ~ ~ ~.L • ~ ~ ~ N i~ ~ W W ~ Q ~~ ~ ~ ~ • ~ a, ~ ~ ~ ~0 ~ ~ ~ ~ ~ N ~ ~ 3U o~ ~ -- ~ o.~ ~~ ~~ c~ ~~~~ ay ~~ ~ ~ ~~ ~~ ~~ a~~ ~~ ~;~ cn~`~ ~~a~ ~~ ~m >~o c~c~U~ mo N ~ ~ ~~ o ~ ~c~ ~~ ~N °•~~ ~Q~ ~~~ ~> ~~ ~~~~ cn0 ~ N No . ~ ~ ~ c~ ~ ._ a~ ~ _~ ~ ~ ~ ~ •~ N ~ N*' t~ ~ N~ ~ ~ ~ ~' N~ U 0 +~+~ m ~ N ~ ~ ~ 0~ U N ~ ~• °' >,~~ ~ 0 o 0 0 a~~~ o ~ UQ `~0 -°' ~°~ -~3 ~~~ a~ ~~ c~~ ~ o~~~a a UU ~~ ~ • ~~ ~a~0 ~~m ~- ~Qa~~~ U~ ~-~ ~~ ~~ ~ o>U ocn~ U~ ~ ~ v,•-~ °~ ~ ~N ~ ~~~ ~ cna aim Q~~ c~~ Q~U > o0c~ ~ ° U'~ncn~~ Ua N h 0 .~ 0 V ,?~ .~ .~ W .~ w ~w w w ~~ Z ~ ~~ Z ~ W ~ Q ~ ~ ~ ~ ~ ~ V~ Q~ ~ ~ ~ ~ O ~ ~ 0 .~ ~ ~ N ~ ~ ~ ~ 0 ~ ~ ~ ~ (6 ._ N 0 N ~ ~ ~ (~ ~ +~ ~ L ~ ~ ~ ~ ~ ~ ~ ~ ~ N Q ~ ~ N Q ~ ~ ~ ~ > N ~ ~ ~`~ ~ ~ ~ ~ (6 ~ - 0 N N - +-+ fA N 0 ;~ +~ (6 ~ (6 .(~ ~~~>~ .3 ~ ~ cn~N °~~ ~~c~~~~ . ~~ ~ ~ ~_~ ~~~ ~ ~Q~~~ ~, a~c~ cn 0 m ~ ~ pro cn ~o' N 0 ~ N ~ N 01 ~ 0 ~ ~ ~ ~ UN Z + ~~~~~ N ' ~0 3 ~ ~ ~ ~ ~~~ t t~ ~~~ 0 t ~ }, p ~ N ~ ~~ N N } ~ N ~~ ~ 0 ~ N ~ ~ ~ N ~ t~ ~ N~ ~ ~ i + 0 N ~ ~ ~ ~~ Qp N N U U ~ ~ 0 ~ ~ ~ ~.., ~ ~ ~ 0 ~ +~ ~ ~ ~ ~ ~ p 0 t~ ~ a.., ~ ~ U- N - ~ t~ t N .- ~ p- p•-U~cnN t~ ~ ~ N~~ •- N~ N ~ N N ~U~ ~ Q t~N~ . ~ ~ ~ ~ ~ ~ t~ ~ +~ N ~ +~ ~ ~, t~ - N t~ t~ N _ ~ ~~~~~ ~ ~ ~ N t~ > ~ t~ ~ ~ N~ ~ ~~ ~ ~ ~ ~ N N p 0'~~ ~ ~ ~ 0 ' ~ ~~ 0 ~ N N ~ ~ ~ >~ N ~ ~ ~~ ~ t~ ~ p ~ ~ N ~ ~ 0 ~ •~ 0 ~ 0 +~ ~ ~ U >+07 N ~ ~+, ~ N N N ~ 0 ~~ N ~ ~ 0~ ~~ ~~ ~' 0 ~ E N O ~~~= ~=~ N N U p 0 , N 0 ~~ ~ ~.~ ~ ~ N ~ ~ ~ 0 (~ ~ ~ 0 ~ ~~ 0 m 0 N ~0~ ~ ~+ (~ ~ ~ J ~ (~ ~ . ~ N 0 U ~ ~ ~ +r ~ O t~ ~ •- +, . ~ ~ U ~ 0 ._ ~ N ~ N ~ ~ ~ ~ ~ N ~ . += U N ~ +~ 'N ~ N .N ~ ,~ ~m ~~m ~N ~~ ~~N ~ ~, ~ ' 3m~ -~ ~ ~ m ~~._~a~ c~~~ ~~ c~~ ~ ~ cn c~ ~ ~ o `~~ m a° ~ o ~o~, U- N 0 ~ ~ ~ c~ - ~ aa~~ ~~ ~U cn a ~~ ~o ~~~~ L s ~ oy o-a~ ~ m ~ 0 ono ,~~ O, ~~ ~ ~, ~ ~ N ~ Q (~ U ~U U +-+ N ~ 0 - ~ ~ ~ _~ 0 ~ ~ 0 ~ N ~ (~ ~ ~ N (6 N N ~ • ~ N '~ N ~ .~ ~ ~ 0 ~ ~ N ~ ~ L ~ ~ 0 0 •~ ~ > N +, ~ ~ ~ > N ~ N ~ ~ ~ ~ ~ 0 ~ +; ~ t~ ~ U-p~~t~ N t~p._U -0 Q ~ Np ~ >,p+, ~0 0 ~ +~ ~~ N 0 t~~ - ~ X ~ N Q> ~ ~ ~ ~~ ~ ~ ~ ~ 0 +, t~ ~•~ ~ U N~ ~ N ~~ t~ ~ ~ m N~ ~_ _ N N t~ ~ ~ ~~ ~ O L ~}' ~ ~ ~t~ N'- ~ t~ ~N N ~0 U ~ p ~ N O ~ ~ U ~ ~ U~~ N ~ N U U ~ }' 0 p> O~ N U •L ~- t~ . ~ ~ N 0 +, 0 N N U 0 ~ N ~ ~ N U N N N ~ ~~ ~ N Q~~~ N N~ ~ N Q~ ~ ~~~ ~ 0 0~ ~ ~ Q~ (~ J ~ ~0 Q 0~ ~~ ~ N rQ V .~ 0 V .~ ., W a V w i w 3 w y ^~w ''AA W v, ~ Q ~~ ~~ a 0~ ~~ Z~ W~ 0~ 0~ ~~ ~~ V~ Z 0 m OC N D D Z Q N Z 0 NQ li W a 0 OC W Q 3 ~ N ~ ~ ~ ~ _~ ~ N ~ ~ ~ ~ Q N ±- ~ ~ ~ ~ N ~ ~ ~ ~ a"' L • N ~ (~ . 0 ~ ~ _ 3 ~ ~ > N ~ }; ~ ~ ~ ~ ~ ~ ~ ~ ~ a--~ (~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L ~ ~ ~ ~ 0 ~ ~ ~ ~ N N 0 ~o~ ~~ NNU t~N ~ > ~ N N Q~~ W~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~}' ~ ~ N ~ ~ . _ ~ ~ t6 ~ N ~ ~ ~ N~ ~ c~ ~ 0 ~ ~ a..~ U •- N~ >~~ U ° ~ o o ~~ o~ ~ c~ •- ~•~~~ ~° ~Qcn ~~ •cn~ Q~ ~~~~ ~> °~, a~ cn°- Q° >~~~ r ~O ~~~ ~ °~ cn~~ ~~ o'N~cn ~~ o~cn m ~ ~ c~ oo~ 'v~•~ ~~Q~cn a~ ~ N ~ ~ ~3•~ 0 a~ ~ > ~... ~~ ~ ~ ~ ~ - ~~ U • •~ ~ >'~>~ 0 ~•~~ ?~ ° > ~~~ NNE ~ °~ ~~ i ~~°•`~ ~~ ° ~ ~~~ ~_ Q~~ ~ ~~~ ~~~ v ~~~ v LoQ~~ ~~~ c~~ ~a~~ ~ °~~ c~a~~ ~~ ~ ~~~ NNO ~a~~ ~o~ om°~'> U=N NO ~oc~ 3._cn U~~ N ~ ~~~ o N ~N~ o ~ cn a~ ~~N c~~_ N0~ ~ ~ NVL ~ m ~Q ,~Op~V m~a~x ~C~~ ~ ~._~ ~ ~._a~ ~~~ ~ ~._~ Q~~c~a~ ~ ~ ._a~ ~ ~N om ~~_vi ~~ ~~~~ o ~ ~~ ~~ ~ 0 SON •~am NN o~c~ -~~~ ~°~~ ~ ~~ ~ ~ ~ ~~~ ~ °~ cn ~~ ~?~~ ~3~ a~~ cn~~~ oN~ o- c~~ v LU~ 0 00~ N ~ ON~~ ~ • NEON ~ ~0~ ~ ~ ~.~ ~ U ~~ N ~ ~ N ~ N ~ U QO ~ ~ ~ 0 ~N •~ ~0 ~ ~ }, ~ ~ '~ N U U ~ '~ ~ N N •0 ~ ~_ ~ •~ ~ ~ ~ ~ 0 ~ 0 U ~ ~ ~ r ~--'~~ ~ .~ `~~ ~ ~~a~~~ ~~~~ ~~~ ~ N~~ ~ cn ~ ~ ~ ~N 0~3 ~ N N°~o0 ~~ ~ ~~00 ~~~° ~~~~ ~~ ~~~ ~~ °~~ ~ ~ ~=~~ 0o ~U a~N ~ ~ >, a ~0 U~ ~~ ~ ~,~,~ ~~ ~~ ~a~.- ~ N ~ ~ ~~ N~ ~ ° 0 ~~~~a~ •~~ N ~a~~~ .NNE, ~~~ ~ ~~ ~ ~ 00 m ~~.~ 3~~ ~~3~ ~oN~ ~~~•a~~ a~o~~~ ~~'~ ~ a~~oN ~~- °~~ ~N~ .N- Lm~ ~>o -°a~' ~~~ a~~No ~~~ c~ ~°~ 3~~~ coo ~ 3 ~ c~~~ 3c~~ ~>•~ ~ ?~~~= ~ °N~ ~ a~~'u,~ 0 a~~c~o~ N ~~ a~~~,~m a~°~ ~ ~ ~=o °~ ~mc~ ~°o ~~3 ~.N~~ ~~~~ ~oa~~~ ~-a._c~ ~~>,mm ~+~cn~~ ~>c~ ~~3 ~o ~cn+~ , m~ Q~0 h Q a~ .~ 0 V ,?~ .~ a as .~ W .~ w ~w ~I~i1 w ~~ Z ~ ~~ Z ~ W ~ Q ~ ~ ~ ~ ~ ~ V~ 0o s o ~ ~~ ~ ~ ~+ o U ~ N ~ ~ ~ ~ N t6 N ~ ~ ~+~~N O ~ ~ •N N ~ j ~~ ~ 0 N ~OQ_N~ +~ ~+~~ U ~ p N ~ ~ ~ ~ NL ._ ~ ~ 0 ~ ~ t6 ~ ~ ~ mmQN~U N '1 o~ L .N~ cnt~~ ~~ ~ ~ ~ U N ~ ~ t6 ~ ~ O > (~(~>~ ~ ~ 0 N ~ L ~ ~ QO 0 0~00~ 00 ~~ 0 ~ (6 ~ (6 3 ._ U ~ 3 ~ ~ 0 ~ N ~ N +, ~ > ~ ~ ~ ~ ~ N t6 ~ s >' ~ ~ 0 O- t6 ~ t6 t6 ~ ~ ~ ~ 0 ~ ~ N ~ ~_ ~ _ ~ ~ ~ ~ N ~~~ p.~~ ~ ~O ~ ~ ~ N ~ ~ ~ ~ ~ . ~ Q N +~ ~ '~ . ~ ~ N N IIl ~ ~ ~ ~ N ~ ~ ~ ~ _ ~ U 0 ~ (~ t~ N ~•~ , 0 1 ~ U ~ t~ ~ ~ ~ N ~ +~ ~ ~ N t~ ~ ~~ ~ • +~ N ~ N ~ N ~ N ~ ~ >'NU U ~ ~ + +~ ~ _ ~ p .- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ ~ N ~~ ~ ~ ,~~ ~~N 3 ~~ o ~ ~ ~ ~N~ ~ ~ ~ N O ~._ ~c~3 ~ ~, ~3 0~ coo ~ ~o~N ~o oc~aa~ ~~ N ~ ~ °~ o~ = ~~ m ~ c~3 , ~ N ~ ~~~o ~ ~ ~ ~~ ~~cn~~ ~ ~ o .~~ ~ cn c~o ~~ ~ - ~~ ~~ i.. ~~ N t~ ~ o•~~~~~ ~ ~ ~o~~~ ( o ~~o~ U ~ N ~..~ ~ N N N ~ N ~ ~ ~ ~ 0 N ~ ~ ~ ~ +~ ~ N ~ 0~ ~ N N ~ a.., N ~ ~ ~ ~~~ _ 0 a.., N t~ ~ ~ ~ ~ ~ U ~ N ~ N ~ ~ ~ ~• ~~ ~~ U 0 ~ ~ U~ . N ~ 0 ~ ~ N ~ ~ ~ ~ ~N ~ ~~ ~ ~X N 0 ~ ~ N ~ ~ ~ ~ ~ ~ ~~ N ~ O~ N ~ N QO ~ U + ~~ > ~ (nom ~ ~.~(~~ ~ ~ LL~~N~ LL (~(n._~ N ~ t~ N U ~ ~ ~ N N ~ ~ ~~~ ~ ~ N ~ ~ U (6 N ~ t6 ~N v ~ U ~~ N ~~ ~ U ~ ~ ~ Q ~ (6 >, v ~ ~ ~ ~ Q> t~ N~ j~ ~ N ~~ }' N ~ ~ F L U ~ N N ~ N ~ 0 ~ a ~ ~ ~ t~ t~ •N 0 U ~ ~ ~ ~ ~ Q ~ ~ N ~ >+ N~ U ~ ~ ~--~ ~ 0 }~ V I Q N ~ ~ Q ~ N ~ ~ ~ ~ U~ ~ ~ Q ~ W ; ~ ^' ~ ~ a--+W ~ ~ ~ 0 ~ ~--i ~ Q V ~ ~ V ~ ~ N ~ 0 ~ N ~ L ~ t6 N ~ Q '~ ~ ~ N ~ ~ +~ ~ .~ ._ X ~ ~ ~ ~ ~ N ~ 0~ ~ ~ ~ 0 ~ ~ O ~•~ N 0 N m ~ ~ .N ~ N N ~ ~ L ~ 0 ~ t~ ,,,, t~ t~ N ~ ~ LL U1 ~ ~ ~ ~ t6 0 ~ ,N ~ ~ U ~ ~ ~ •X ~ ~ ~ U 0 ~~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~'N ~ N > ~ ~ N +~ ~ ~ ~ U ~ Q ~ ~ ~ _ >0 ~ ~ ~ ~ ~ ~ ~ .N ~ Q Q N ~ N ~ 0 (>~ Q Q ~ ~ ~ ~ ~ > ~ LL (~ Q LL U > rQ V .~ 0 V .~ .~ W .~ w ~w w w ~~ ''h^^1 v+ Z ~ W ~ Q ~ ~ ~ ~ ~ ~ V~ 0 N ~ Q~ ~ ~ N U ~ 0 ~ N N ~ ~ ~ > N L ~ c~ ~ N > ~ ._ 0 ~0 N t~ N ~+ _ N ~ N ~ ~ > ~ ~ ~ + + 0 j 0 ~ 0~ ~ ~~~ ~ ~ ~ ~~ t~ >' •~ ~ 0 0 ~ ~ ~ +~ N O ~ ~ (~ ~ t~ N ~ ~ > ~ > N~ ~ NLLO N •V ~ ~~ ~ ~~ N 0 0 ~ N ~ ~ , N m U U ~ ~•~ N N N ~ N ~ m ~ ~ ~ ~ ~~~ ~ N ~ N ~ >+ ~ ~ U N ~ V~~ O N E> • • ~ N ~ 0 ~ Q N N U 0 ~ ~ U ~ ~ N `~ U ~ N N ~ •~v3 3 ~ X a~o~ ; - > N ~ N a~~~ 3 ~ •X ~ ~~o ~ ~~~~N ~~~o > ~ .~~ > a~ ~~~ o o ~ c~ N~~ N ~ a~ c~ ~ m i N ~ ~ ~ ~ N ~ 3 ~ ~ N N N ~ ~ 0 ~ N ~ > ~ N N ~Uln~ ~ ~ ~ ~ Nm ~ ~ U t~ p p ~ N O •- •U •~ ~ ~ ~ 0 t~ ~~ 0 0 N ~ N O U ~ ~ X>~ N N t~ ~ N N ~ ~ N 0 U~ N N O X ~ N N X N ~ t6 '~ N O t6 t6 ~ N U >, ~N ~ O N ~' • ~ ~ 0 > ~ > ~ CO t~ N L ~ N N ~ ~~ 0 U N ~ ~ 0 ~ N 1 ~ ~ 0 ~ N C~ ~ ~ 3~ N ~ t~N U > ~ 3 ~ N 01 N 1 t~ ~ ~ ~ ~ ~ ~ ~~~~~~ N~~0 0 ~ N~~ O ~ ~~ N ~~~> N U U N ~~ ~ E ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ N ~ N • ~ 000. N > VO~ ~ ~ >• ~ 0 0 > 0 ~ ~ N N~ ~~ N O ~ V U +~ _ ~ ~ t6 ~ - ~ ~~ N ~ ~ ~ L• - ~ N N ~ (~ ~ N ~ ~ ~~~•~QOc~ L +rXX ~ > ~~ N ~>, ~ ~~ ~ N~ 0,~- U cA U (6 ~ t6 ~ ~ ~ N N 0 N N ~ > ~ N ~ U (6 N L ~ ~ ~ ~•~ ~ ~ 0 ~ ~ ~ ~O 0~ ~ ~ ~ U N a N ~ ~ 0 ~ ~.~ ~`~ 0~ N ~ N ~0 00 ~N U N > ~ N._ ~ ~ N ~ >~~ 0 ~ N 0 ~ ~ N ~ ~ ~ 3 0 (6 ~ ~ ' ~ ~ ~ OO N (A O N ~ ~ N ~ ~ (~ ~ ~ ~ (A .L ~ > > U 0 ~ ~ N ~ ~ N , ~ a..r (n ~ ~ ~ ,~ ~ ~ t~*=~- ~ > ~ ~ L > > 0 (~ (6 Q ., ~ 0 ~ ~ ~ N 0~ N ~ > ON ~ m 0 N ~`~ 0•~~ oa U 001 U ~ ~ ~ N 0 0 L ~+ ~--~ ~ ~'~ N N 0 O 0 N ~ ~ ~ ~~ >> - ~~ 00~D~N~~ ~ >,~ 0 ~~ ~> X N ~~ t6 NOU N o ~~ ~. -~ N j j U ~ O W rQ V y 0 V .~ .~ W .~ w ~w ~I~i1 . „~~ Z ~ ~~ Z ~ W ~ Q ~ ~ ~ ~ ~ ~ V~ L .~ .~ L 0 (~ i ~ ~ ~ ~ ~ 0 t6 0 ~ ~ N ~ ~ ~ ~ 0 +r ~ ~ ~ ^ N ~ (6 ~ N ~ N ~ ~'+~ fn O U - N ~ ._ a~ ~, ~ o c~ ~ + N N ~ ~ N N ~ ~ ~O ~ ~+~~ ~ N ~~ ~~ • ~ D U ~~ X p N N 0 ~ ~ O t~ ~ \ M U ' ~ ~ 0 U ~ >, ~t~ • 0 N \ ~ N ~ } 0 ~ ~~ M U 0~~~ .~U N N ~ N N ~N ~ 0~ +, ~ N N~ ~ ~ U ~ N N .N ~ ~ N N~ > ~ ~ N ~ t~ ~ N N ~ ~ N ~ p.N ~ ~ ~ 0 0 ~ N~ ~ ~ ~ U ~ t6 0 ~ N ~ ~ N ~ ~ ~~~ ~~~~ • ~ U~ ~ ~ ~, ~ 3~a~ =gym c~- oo m ~~ o ~ a~ m ~ ~ ~ Q ~~ ~ ~~ L~ Q > ~ c~ ~ ~ t6 N Q ~ ~ ~ ~ o ~ ~ ~ U ~ ~ ~ 0 `~ N O~ - ~ }' ~ ~ gyp) ~~ }, ~ N ~ O ~~ N N~ QO N ~ ~~ ~ ~ ~ }, U N ~ ~ ~ ~ ~ }' ~ N N ~ a ~ ~ N ~ ~ ~ U o ,~ ~ ~ ~ ~~ ~~ ~~ ~ 03 ~ ~ ~ ~ ~,~~~, ~ ~ ~ ~ ~ ~~ Q~ ~ ~ Q~ ~~ ~ ~~ ~ ~ > ~ ~ ~ ~o ~° c~ ~o ~ ~o~ ~,~~,c~ o ~ m ~~ ~ L~~ ° ~ p ~ m > ~o 00 ~ ~~~ ~ ~ ~~ ~ o~ ~~, a +~ a~ ~ ~ ~ a~ ~N oU~ ~, ~° c~~ ' sN~o U~ ~ ~ cn ~ ~ Uocn~ ~ p~ a ~ O ~ ~ ~cn ~, 0 ~- U~N ~ c~ ~~Q op ~~ N O ~ ~ ~ ~~ N~ N 0-}'~ ~ ~ t~~ 0- _ 0 }' ~ 0 t~ N N J ~ N N ~ ~ ~ N (6~ ~ ~' ~._~ ~~ N ' N ~.~ ~ ~ t6~ ~ N ~ ~ ~ N O ~NN N NN ~~.~~ ~ +~~~ ~ ~ >, ~ ~~,~ U+,O NQ~ ~ ~ a~ O ~ ~ ~ N~ ~Ni=~ t~ ~p ~ ~ NN ~ ~O ,~~0 oa ~0~ ° N 0 ._~ ~ N c~ ~ ~ a~ N ~ N ~ N ~.X ~~ 3a~NN ~ ~~ >' ~ ~ o~.a~ ~ ~ ~ ^~ ~~ ~ ° ~ oa~ ~ u, N~ N ~ ~ ~ 0 - ~o o ~ ~0 U cn Q ~ ~ m ~ ~ N ~ ~ N ~+~ ~ ~ ~ t~~ ~ 0 ~N N 0 ~ ~ ~ ~ ~ ~ N N Na ~~~ ~ 0~ ~~ ~ ~~ ~ ~, U p ~'N }, ~~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ N ~ N N ~ ~ ~ .N ~ ~~ U~ ~~ ~ ~ 0 ~ ~ ~ ~ N ~ ~ ~ N ~ O O ~'~ ~ 0 ±, ~ ~ ~ ~ ~ ~ ~ ~~ ~~ ~' 0 ~ N ~ ~}' ~ ~ ~ ~ ~ 3 ~ ~ N N ~ U U O~ ~ > ~ ~ U- ~ U >, ~ }, ~ O p U L X ~ U }' ~ ~ 3 0 0 N~ L U ~~ U N N +~ (6 N 0 ~ ~ a •> ~ (~ ~ }, ~ p+, 0 }' ~ ~ ~ }, N F U ~ U ~ (~ N (~ . U Q ~ N 0 Q ~ ~ Q~ > (~ ~ ~ ~(~ ~ ~ Q 0 .~ 0 V .~ .~ W .~ w ~w w . „~~ Z ~ ~~ Z ~ W ~ Q ~ ~ ~ ~ ~ ~ V~ ~ ~ ~ Q1 O ~ }' ~ L ~ •~ N ~ ~ ~ 0 ~ +,, ~ ~ ._ N 0 ~ ~ ~ a--' ~ L O ~ ~ Q ~ Q ~ 0 ~ a-+ ~ ~ 0 a--~ ~ ~ ~ ~ ~ ~ Q ~--' a~ .3 cn ~ cn N N ~ c~ a~ c~ cn0 m ~ o ._ ~NO ~ ~ ~ ~ ~ ~o 3 ~ m~ ~ ~ ~oo~o c~ c ~ ~ ~ ~ 0 ~~ ~~ ,~' ~ ~ ~~o i N U 0~ ~ 0 ~ X 0 0 N ~ ~ N O N 'N Q N ~ V N ~ ~ ~ N ~ N t6 ~ *~ ~ N U Q ~ ~ t6~cn ._ ~ ~ ~ N ~ ~ t6 ~ ~ ~ N N ~ a..~ N ~ N ~ t6 >' ~N 0~ N Q ~ p N ~ ~ t~ ~ ~ 0 ~.L t~ N 0 0 L 0 ~ > ~ ~ V t6 U ~ ~ t6 ~ N Q t6 ~ 0 ~ ~ ~ 0 p E N O ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ +~ (6 ~ ~ ~ (~ J ~ ~ ~ (6 ~ ~ +~ U ~ ~ (~ ~ ~ ~ U N . ~ ~ N ~ ~ vii ~, ~ 30~ ~ ~ ~ ~~a~ ~~~ ~ ~ goo N - 0 ~o , N U }, o ~ t~ ~ N ~ L a ~ ~ ~ ~~ ~ ~ N N ~ ~~ ~ ~ ~ ~ ° 0 (6 0 ~ `~ ~ ~ t6 ~3 t6 • U ~ •U ~ ~ a~~o U ~ +~ ~ ~ ~v ~o._o c~ ~ ° ~ ~~ mNm ~ c~ L ~ ~ ~~c~ ~ - ~ N ~ ~ ~, ~ .N ~ ~ ~ N ~ 0 ~~ ~ ~ .N }, ~ 0 0 ~ _~ ~ - 3.t~ 0~ ~t~ ~ •~ N N j N~ N~ ~ ~ ~ ~ 0~ ~ ~+ ~ p N'~ 0 p ~ ~ N ~ U N ~ ~ U ~ ~~ ~ '~ ~ X ~ N ~ ~ ~ U ~ ~ ~ ~ ~ 0 N ~ ~ ~ U ~ N N N ~ N ~ ~ m N ~ ~~ Q~ ~ ~ ~ ~~ L ~ ~t~ N._ ~ ~~ N 0 L 0 N ~ 0 N 0 U O N~ 0 ~ U N~ ~ ~ ~ ~ ~ N ~ ~ ~ ._ ~ (~ ~~ ~ 0 N N ~ N N U 0 ~ ~ (~ 0 0~ Q > ~~~ ~ +~ ~ Q Q ~ 0 0 Q~ J Q 0 0 .~ 0 V .~ .~ W V w i w 3 w ^~w ''AA W v, ~ W 0 ~ ~ ~~ ~ ~ ~ ~~ Z~ W~ Q ~ ~ ~ ~ ~ ~ V~ N J Q OC W Z W W V W v/ V Z W W Z Z W ~ ~ ~ ~ ~ U ~ ~ 0 ~ ~ ~ ~ N ~ t6 ~ ~ ~ ~ N N N ~ Q ~ ~ ~ N N ~ ~ N N ~ U N Q N N N ~ ~ ~ p ~ ~~~ _ ~ ~ ~ p`~ ~~ ~ r~N ~~ ~ , ~ N ~+~ ~~ ~ N ~.= ,~ ~~ V.- ~ ~ 0 N ~ U1 N ~ ~ U ~ U •~ ~ N .N '+~~+ ~ ~ ~ ~ ~ N U '~ (6 ~ ~ ~ N ~ '_ ~~ ~ ~ 0 0~ N ~~ p 0 ~ i ~ ~ N ~ ~ N O ~ N ~ p N 0 ~ ~~~ ~ >>N ~ ~~ N~ . N~ 0 0 t~ } ~ 0 ~ U N }, ~~ ~~ , .. O N N ~0 ~ U ~ ~ 0 0 ~ ~ ~ ~ 0 . ~ ~ ~ ~~ ~ ~ ~ 0 ~ Q ~ ~ ~= ~ N ~ ~ 0 0 V ~ ~~U 0 ~.~~ ~ ~ Q~ U Qc~cn QU vi o vi U ~ N L •~ ~ .L U }' ~ ~ ~ ~ N •~ 0 ~Q ~--' ~ - ~ '~ ~ N 0 m~ N ~ c~ L cn ~= '~ U ~ ~~ ~ N~ U ~' ~~ ~ 0 ~ 3~ ~ ~ N ~ ~_ 3~ ~ mo ~ ,~ o m ~~ ~ _ V~ ~ p~ U~ N O U N N V ~ N ~ ~ N 0 ~ ~ ~ •~ ~ ~ N .~ 0 ~ ~ ~ 0 U ~ ~ ~ ~ U ~ ~ ~ ~ ~ ~ m . _ ~~ N ~~'~ ~ No ~ ~ ~ ~~~ •3 ~~ ~ L ~ 0 ~ Q ~ p () ~ 0 t6 ~ ~ ~ 0 N ~ ~ ~ ~ . N (n fA V _ V ~ 0 • Q ~ ~ > 0 a--~ ~ ~ N Q~ ~ ~ ~ ~ ~ ~ V ~ Q ~ .~ N ~ V , N ~ ~ ~ ~ N ~ ~ ~ N~ ~ ~ ~ ~ ~ N ~~ U ~ 0,~ U ~ ~~ ~ . ~ p ~ .~ N ~ N ~ N ~ ~ •~ j ~ ~ N ~ t~ ~ ~ 0 O 0 N ~'- ~ ~ ~ N ~ N,~ 0 t~ ~ •~- c~ N~ ~ ~~~ ~ ~~ ~QO ~~ ~~ ~ (~ - ~ ~ .~ ~ W c~ (n ~ (~ c~ ~ Q ~ U ~ a.., c~ m c~ ~ ~ • ~ ~ m ~ L ~ N U ~ a~ o +~ +~~ U U ~ Qp p ~ pN }' N N N-~= '~ (~ ~ ~ m •~ c~ N ~ ~0 ~ ~ ~ pa--~ ~,~~ N ..~ ~ ~ ~ ~°_~ o~o~~ a~~ ~~o ~Qpo w c~ ~ ~ t~ •~ N ,N 0 N 0 ~ ~ ~ ~ ~ ~ 0 ~ U ~ N U N a o•~c,~' ~ a~~~~~ ~ •L U a~~ ~ N a~ ~ 0 ~ o~ ~ ~ o~, ~ .N ~ ~ ~ L ~ ~ n ~ • ~ >1 ~ ~ Q W a--w ~ ~ ~ ~ ~ ~ ~ N ~ O ~ t~~ N ~ U~ ~~ 0 N ~ ~~~ ~ ~ V•~i--' ~~ ~ ~ ~ +~0>~ ~_`~ ~ +, 0~+; U U U U~ ~N ~ ~ N +, U ~ ~ N ~~N~ ~N ~~ .~~ 0 t6 ~ . +~+~ ~ ~ N ~s ~ ~ ~ ~ ~ ~ ~ N ~ '0~ ~ N ~ 0 0 ~ ~ 0 N • ~ N 0~ ~ ,~ Q ~`~ ~ ~~ ~oooc~ U p 0 ~,~. ~~+~ ~~ N t~ U N cn3o~ ~ N ~ ~ 0 o ~ ~ ~~~~ ~ ~o ~ ~~a ~~a~ o~ m>~~ ~~ m c~~~o ~, ~ cn'~oN" ~_~ ~~~ ~o ~N~~ ~~o o~ ~ ~ +~ N ~ ~ ~ N ~~ ~ 0 _ U 0 V~ N> ~0 N• V~~ N N N ~ ,~ ~ ~>~ S N ~' 0~~ ~~~ N O N L OQ ~~._ OD ~ 0 ~~ ~; • ~ ~ N ~ ~~ } -, ~ N ~ ~ ~ U ~ ~ ~ ~ N ~ (6 •~N 0 .V N ~ ~ ~~ U N ~~~.~ Q~OUa(6 Q~~ Q~NC~ W~~~ U(6 (6 Q~ N .j N .~ N N N N .~ N c~ 0 c O N 0 0 U N .N Q 0 a N 0 a~ ~ Q~ ~ N O '~ a~ ~ N O ~ ~ ~~ ~~ o~ ~~ ~~ (~ ~ Q N O ~ Z ~ as 0 .~ 0 V ,~ .~ .~ W .~ w ~w w . „~~ Z ~ ~~ w" W ~ Q ~ ~ ~ ~ ~ ~ V~ ~ N 0 ~ N ~ ~ 0 ~ U ~ +~ ~ ~ O O ~ ~ ~ ~ to j ~ ~ N ~ ~ 0 N N N N ~ N ~ ~ t6 ~ ~ ~ U ~ ~ U S O U ~ ~~ O O N a--~ ~ U O~~ ~ ~ ~ •~ ~~ 0 t6 0 ~ }' ~ ~ •N ~ 0 ~ 0 •~ 0 ._ ~ N ~ Q 'U ~ ~ ~ N _~ ,~ N N N ~ ~ .~ ~ 0 0 ~ 0 ~ ~~ ~ N o 0 0 0 >~ 0 ~ >' ~~~ N t~ >' O N ~ O ~~ ~ ~ ~ ~ 0 ~}' o ~ ~ N~~ ~~~' N ~ ~N~ ~ N ~~~ t~N 0N~ , ._ ~ ~ ~~~ _ ~U ~~Q '~~ Q0Q i p N OU ~ ~ D O '~ ~~_ ~ ~ 0 0 ~ ~ O_ 0 ~ ~ ~ ~0 U N t6 } +~ N N ~V }, ~ U~ ~ ~ ~~'~ N ~ 0 0 ~ ~ >, ~ N c~ ~ ~}'~ ~ p ~ X ~ N ~ ~~~ N ~ ~~ ~ Q U ~~'0 ~ ~ ~ ~~ Q ~0N N Q U L N G ~ N~~ 0~ N+~ 0 ~ W~ ~ ~ U ~ Q ~ N ~ ~ cn ~ ~ o~ t~ ~ ~ ~ ~ ~ =00~ ~ }' 0 ~ ~~N ~ U 00 ~~ .~ t~ ~`~ ~ ~ 3 t~ N ~N ~ 0 t~ - L 0 ~ ~~}, N ~ 0 ~ ~ ~ N 0 ~ ~ O ~- ~ N ~ ~~ N ~_ ~ 0 3 ~ ~ > ~ ~ 0 t~ ~ 0 ~ ~ > ~ ~ 0 ~ ~~ ~ N ~ N • U 0 N ~ ~ ~ 0 0•~ N ~ N 0 0~ p ~ ~'~ ~ N p• ~ p o ~~ N Wo 3 ~~t~ ~ ~ L N U ~ ~•~ •,~ N U oN ~N~ t~~, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ N ~ ~ o ~ ~ X01 N p ~ ~ ~~~0 N ~ ~~ O_ ~~ N>N ~~p ~_ ~~>~ ~ ~ _ N NOS ~ OQ~ ~ ~ ~ N ~ ~ ~ ~ ~ U ~ ~ N ~ ~ ~ ~ ~ • ~ ~ t6 ~.p N+~ t6 ~.~ ~~•N a~ oo~~v; a~ U~~ ~~a~ N ~~~ (6~ ~ N N~ 0 N tpj N ~ ~ ~~ N 0 W0(~~U ~ ~ ~ ~ ~~~ ~~ ~0~ L 0 ~ 0 ~ N ~ }; t~ ~ ~ ~ ~ ~ 0 ~ p ~ ~ N ~ ~ N N - ~ }, N ~ +~ ~ N ~ N U •N to ~ +~ }' 0 ~ U }' ~ ~ ~ U ~ ~ ~ ~ ~ }, ~N N s 0 ~ ~ ~ ~ ~ ~ }, ~ 0 ~ Q ~ ~ U ~ t~ U ~ t~ ~ 0~ ~ v - L ~ ~ N U N N ~ N }' 0 ~ N•t~ > N ~ ~ U ~ ~ ~ ~ a ~'~~ ~ O N~~~ ~c~ UN~~ , ~ N~.~ ~ 0~~0'~ ~~ ~- ~~o ~~ ~ Q ~ - ~• ~ N N ~ ~ • ~~ ~ 0 (n ~"i ~ ~ ~ ~ ~ ~ ~~~ +~ ~ ~ 0 U Q~ ~o a--' U t6 ~ ~ +~ ~ ~ t6 ~ ~ _ N }' ~ 0 t~ U ~ N ~ ~ N U 0 •~ ~ ~ N N ~~~ ~•~ N ~~ ~~ ~~+ ~ 0 ~ ~ ~~N•0 cnt~~~ ~~NN ~~UN ~~~p ~~ Q ~0N ANN NN ~ ~N~~ ~ ~ N~0 ~~p NU*~ ~ t~ ~~~~ N ~ ~.OU ~U ~ ~~N~ N~ N 0~~ U O N }'~t~}'N N ~ U GNU N ~~ >NU N'~0 ~ ~ ~~~ ~ N~ ~ ~ N N+~ ~ N U N~ ~ O•~~ 0 ~ 00 ~ N ~ 0 ~ t+ +, ~ ~ ~ ~ t6 ~ (A ~ N N Q +~ (6 ~ 0 ~0 N ~ N ~ ~ ~ ~ ~ o p ~ m U ~+, ~ N O ~ o~ N ~_ N~ N • p ~ ~+, 0 ~ ~ ~ N U ~ N.0 O ~ ~ N U ~.0 ~ ~ 0 U ~ U N ~~ N ~ ~ ~ N 0 0 U t6 N O N ±= N N~~ I L ~ U ~~ D ~' U O N S O ~ ~ t~ ~ N (~ ~ t~ 0~ ~ N +~ ~ N N ~ 0~ O +~ o 0 ~ ~ ._ ~ ~ ~.~ ~~ m 0.~ ~ o ~ ~~ ~(~ Q N ~ U ~~ ~.~ ~ Q~ ~ ~ ~ 0 0 0 .~ 0 V .~ ._ W a .~ w ~w ~I~i1 w ~~ ''h^^1 v+ Z ~ W ~ Q ~ ~ ~ ~ ~ ~ V~ 0 mN a~ ~ ~~ ~ ~ as ~~ ~ ~o ~ ~~ ~ ~ ~ ~~ c~~ o °~, .~o a ~ ~ ~ ~ ~ .~ ~~ O ~ L ~ .~ ~ (~ (~ ~ ~ a--+ y Q~ ~ ~ a--+ ~~ (/~ ~ ~ ~ ~ ~_ • ~ ~ ~ N ~ ~ ~ U p N L 0 ~ N N .~ ~ U N t~ ~ ~~~ ~>cn ~ 0 ~ N ~~ 0 N ~ ~ ~L Q U 0.~ (~ ~ ~ Q~ N ~ 0 N N ~ N~ N ~ ~ N ~ Q ~ U ~ ~ U 0 ~ t6 ~~~ -_ (~ ~ _~ ~ ~ N 0 ~ ~ Q U ~ ~ N O •V _ ~ ~ •~ N ~ ~ N N . ~}' O ~~N ~ `~~ U ~ U~ ~ ~ ~ O>~~ O U O O O U ~N~ ~ N N N }, U ~ ~•~ 0 0 ~ ~~ }, ~~> ~~ ~ ~ U N N~ +, N ~ 3 ~ N Q ~ ~~ ~ N t~ >, ~~ ~ ~- N .~ ~ ~ ~ > U }' • 0 ~ ~ ~ ~ ~ ~ ~ 0 NNNN ~ ~ ~~ ~~+~ N ~ ~ ~ U N 3 +~~ ~ ~ ~ N ~0•-N ~ N~~O~~ N (~ ~•~~ ~~~~ N ~~N~~'~ t~ ~U~~ _ N ~ ~ ~ ~ N N ~ t~ ~ ~ ~ ~ `~ > ~ }, 0 0 3 0 N ~ N ~ ~ ~ Q}' Q~~ 0 N.N ~s t~~ ~~~ ~ 0 ~ ~ t~ 0 0 N~ ~ ~ ~N ~ N > U N ~ t~ ~ N ~ . >, N a~~U°>~m U~U> ~~~o ~,~~~, ~~ U~,~ .N~~N~ ~ ~ ~ NNN~ ~ ;~ NN~~ o ~ . ~NN~~N ° ~ a~°?~,N ° ~ a~Q ~ ~~~~c~°~ • = ~.N~3 oo U~~m ~~~ ~ ~a~~~~ N o~~ ~~Q~a~ ~ ~ ~ ~ ~ cn ~ ~ N ~ '~ ~ ~ ~ ~ U ~ U 0•~ ~ U ~ N(6Q ~~~ V ~- U U t6 N N +~ O p - ~ ~ N ~ ~ N ~ ~ ~- ~ p Q ~ >' }; '~ ~ ~ ~~ ~ ~ ~~ ~ ~ ~~ ~ 0 +~ ~ L ~ ~._ ~ ~ N ~~ ~p >,U N 0~ N ~ ~ 0 N ~~ ~ U ~ ~ N QU ~ 0 t~ N .~ a ~cn~~~ t~ ~~o >, ~ m~OQ~ ~a,;~ ~ O ~ 0 ~ 0 ~ ~ c~ - . (~ ~"i ~ ~ ~ ~ ~ ~ (A U ~ ~ 0 N Q 0 U '~ ~ ~ (6 ~ 0 ~ ~ N +~ N •~ ~ N ~ ~ N 0 ~ 0 ~ ~--~ ~ t~.~'0 Q~ 0 ~.~.0 ~ ~ _0 ~ 0 ~ N ~ 1 (A ~ ~ U 0 (A N ~ ~ U ~ ~ . ~ ~ m U ~ Qom}' ~ ~ U QN~ Q~ U N~ Q N 0 Q~N O N N~cn~•0 ~~ ~.-,~ ~0 N O N N NQi--~Q~O c~ ~~ 0~ N~~~ p~ a--~~ SON ~ > ~0 ~ U ~p ~.~ ~_ ~ ~ ~ ~ ~ ~0~0 N ~ N UO ~ ~~ ~ N~ ~~ ~,t6 U ~ ~ (6 N > 0 U ~ N~~ ~ ~ ~ ~(~~~+~ -0 ~~(~U~cn ~~+~0 -~ rQ V y 0 V .~ .~ W .~ w ~w w .w~~ Z~ ~~ Z ~ W ~ Q ~ ~ ~ ~ ~ ~ V ~ ~_ ~ ~ ~ ~ O ~ ~ ~ (~ ~ ~ ~ N U 0 ~ •- ~ ~ 0 0 U L U (~ y ~ ~ ~ .~ ~ _ ~ 0 ~ ~ i N U N ~ N U U ~ ~ Q 0 V N ~ 'o U (6 ~ ~ Q Q ~ U .N ~ ~ '~ 0 _ ~U Q a ,~~ Zvi 0 NN N cnc~ U ~ NN ~ ~ ~ •~~ Q ~ ~~ (6 (6 ~N ~ ~ N 0 ~~ ~~ N ~ N c~ N ~ 0•~~ N 0 ~ ~U ~>~ ~~ ~ ~ •~ U ~~ N N ~ ~~ ~ N ~~ ~ *~ ~+, N U U s0 ~ N ~ N N t6 ~s m ~ ~ N (A ~ ~•- QN ~ U ~`~ ~ N ~ t~ ~ O ~ N N~ O ~~ p ~ ~ 0 ~ N N ~~ U O ~ N}'•-•- ~~ ~ N _,0 ~ ~,~ N 0 ~ ~ N QQ._ N N ~ ~ N ~ ~ ~ O 0 ~ ~ N ~ N ~'~~ Q ~ 0 ~ +, N N ~ 0 ~ ~ ~ _ _ . t~ ~ _ ~ N +~ ~ ~ ~ ~ ~ N ~ ~ Q ~ ~ ~ +~ }' '~ }, 0 ~ - U t6 ~ U +~ N > 0 0> t~ ~N~}, _ ~ O 0~~ UDC)-~~ Q O }' ~ ~p ~ N p ~~ t~ ~~•3 t~ ~ ~~~N p ~ }' N`~ ~ ~ ~ N~ 0 0 U 0 ~•~ ~ • 0 0 +~ ~ ~ O ~+, N~ N ~ ~ (~ t~ ~ 0 U~ N N~ ~ N t~ .~ 0 ~ N ~ N N ~ N ~ ~ ~ ~ ~ ~ ~~ p N ~ ~ ~ ~ ~~ O.L•~ ~ ~ U ~ ~ ~ ~ ~ U t~ 0 (n (~ ~ U N ~ ~ Z ~ (~ 0 ~~ (~ 0 Q ~ ~ ~ U ~ ~ ~ +r ~ ~ 0 N N N L +~ ~ N .. ~ N N ~ N +, ~ ~ 0 ~Ucn ~_ ~ t~ (~ N +, XU t6 ~ }' ~_ L N ~ ~ N _ •~ U ~ ;~ +~ ~ V Qom' N~ ~U~~ ~~ ~~}' N N ~~ ~ ~ ~t6 +~ N N~ t6U U c~ 3 c~ °~ ~ ~ ~ ° °~ ~ ~.V ~ 0 0 - ~~ ~ U ~ ~ p ~~ ~ ~c~ ~ ~ ~ 3 a~ ~ ~ ~ N ~- ~~~ ~mc~ ~ ~ ~ ~ 0 0 ~~ ~~ ~ c~ N ~,,a~ cn • ~ ~ ~ c~ ~ c~ .~ ~ ~ ~~~ a~ N ~ ~ ~U N ~~ N ~~ ~ • 3~ ~ ~ ~ ~,~ ~~p~0 . N~~ ~~ ~~~ ~ ~ N~ a o ~ ~ m ~ U+~ X N ~ ~ ~ N.~ U += N p~ 3+~ N ~ ~ 0 N ~ ~ ~ 0 U~ N~~ ~ N Q N 0 0 ~.N ~ ~U U ~ O~ 0 ~~ ~ N ~ ~ ~ ~ ~~'~~ N ~ ~ ~ ~ ~~ ~ ~~ N'c~~ ~ ~ ~NNN Z ._ ~ Q~ 00~ ~ U U +~ ZO Z~(~ ~~(~ON as 0 0 .~ 0 V .~ a .~ W V .~ w i w 3 w ~w w Q V~1 v, ~w O W 0 0 V 3 W W W 0 J W W D ti Q1 _ ~ _ ~ Q N ~ 0 ~ 1 ~ t6 U N ~ N ~~ _ Q~ 0 N N ~ ~ 0 +, 0 N ~ Q ~ ~ N 0 ~ N ~ ~ ~ cnN ~ 0±=~ O t~ N N ~ L ~ ~ +-+ ~ ~ ~ Q 0 ~ > ~ _ ~ ~ ~ ~ ~~ O .~ ~ ~ Q .~ ~ ~ ~ N ~ .~ L ~ = Q ~ Q Q = ~ ~ U ~= 0 ~ O ~ ~ ~ ~ .N N ~ +~ •- >, U ~ N U ~ ~ ~ ~ ~ N ~ N ~ N 0 N _ ~ ~ ~ ~ ~+ ~ 0 ~ t~ ~ ~ N ~ ~ p N ~ N +-~ ~ N U ~ p p N ~ ~ U N ~ •p t6 ~ ~ N ~ 0 ~ >,~ N N ~}' ~ N > ~ ~.N p ~ ~ t+ ~ ~~ ~ ~ 0 t~ ~ N •-~ ~ ~ N ~ ~ _ ~.~ 0 ~~U ~`~ U N ~~ Qom +~ ~ ~ ~ ~ ~ N~ ~ m ~ ~~~o~ ~~ ~ ~ a 3 N ~~ ~~,a~ > ~ ~ ~3 (~ ~ ~ Q . OLm U N ~ U ~N ~ ~ N ~ ._ U~ ~ t6 ~~~ ~ ~~ ~ N N U ~~+, t~ 0~ ~}' ' N N _ ~ ~~ t~ N ~ N 0~ ~~p +, OW p~~~~ ~ N O N FWD N N ~N ~~ N ~ ~ }U, ~ t6 .V ~ 0 ~ 0 ~ ~ 0 ~ i--~ ~ ~ ~ ~ ~ ~ ~ ~~ > ~ ~ U U } -, ~ ~ ~•~ N ~ N ~~ ~~ ~ ~ ~ .V Q ~~ U ~ ~ t~ X 0 0 0 Wcn~~ ~~ O N~ ~c~~~o 0 t~ t~ Q~~ Q 0 QU ~ U Oo N p~- ~ 0 N N t~ .-. ~~ N ~ ~ C~ N ~ ~ ~ 0 +_ ~~ ~ ~ ~ O = ~ U U N N ~ (6 `~ N O N ~ ~ ~ ~ ~`~~'~ ~ N~ ~ O ~ ~ U-~ ~ N ~ ~~-~ a~~~a~ 0~,~ ° a~~~~ , ~n> ~ ~ ~~~ ~ NU00 ~ 3~~ ~ ~=~ ~ ~ a~ ~ ~ 0 ~ ~ .~ p 0 N ~ 0 U .~ ~ .j ~ ~ ~ Q N ~ 0 0 •~ p ~ a ~ ~~~a~~ ~N~~o N ~ ~ }' ~ (A N ~ V 0 ~~/Qp LL ~ ~3 N ~ ~_~ ~ ~ ~ ao N (~ N ~ ~ . A' ~ N ~ ~ artrts /~^'' rt U ~ TZ 0 • ~ O ` V V ~"i ^, W~ N ~"i Srt1 ~ ^' W O i 1 VI ^ `V W II IR - U~ ii U~ N ^` ~ ,~ ~ ~ ~ 11l ~ ~ ~ ~ ~W ~ W~ Q~ .~ p ^ N ~ ~ `V N . ~ ~ ~ R '^ (1l vJ (~~ (~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ •~ ~ ~ ~ a~ ~ 3 ~ m > ~ ~ N ., ~ ~ m ~ a~ ~~ ~ ~c~N~N,-.,-.~~~~~~ o ~~~~~~~~~~c~~N~ ~ ~ ~~}' c~ ~~-~ NNcri ~~~ ~~N a~ ~ ~ ~~ ~ ~ 0~ ~ ~~a~ ~Q~~~""~~~~~.~ ~ ~~ N ocno pa~ a ~~ ~UN ~~~+~pOpNN ' ~~ N~t~ pUN },ocn ~ ~~~~~~~~~~•~~~ ~~~ ~V.~ p~acri ~~ ~~cn.N NNNNON~~ Q"c~>~aa~~~cnmm ~•-~ ~3~ ~~ Q~c~ O+~ON ~c~U~ ~Ncn U~a~ M tD rQ V y 0 V ,?~ .~ .~ W .~ w ~w w .w~~ Z~ ~~ Z ~ W ~ Q ~ ~ ~ ~ V~ ~ ~ 0 N ~ 0 ~ ~ z ~ ~ ~, U ~ ~ N ~ N > t6 ~ Q ~~0~cn N+,U N N 0 ~-~ N O ~ U ~ ~ ~ ~ ~ ~ o ' N > Q ~o~°~° 030 ~ ~ ~ ~ ~ ~~N~3 ~ ~ ~>- p ~ ~ ~ N N - L ~ N N . ~ N ~ ~ ~- •~ , ~ ~ ~ • ~ ~ ~ ~ ~~ Q•~ ~ ~ Q~ ~ ~ ~ ~ ~ N ~ ~~ ~, ._ ~ 0 ~ ~ a.., ~ ~ ~ Q~ N s ~ U ~ O i ., ~ - ~ ~ t6 ~ }' ~ N +, N ~ ~ ~• 0 ~ N ~ i ~ ~' ~ ~ ~,'~ ~ N O~ ~~ ~ ~ ~ ~ ~ ~ ~ U 0~ N L ~ >'~ ~~ ~ ~ ~ ~ >~ ~ ~~~ ~ N N N +~ ~~~ N ~ Q ~ 0 0~ NO ~ ~ O O _ ~NU_cn~~ _ ~t6~~ ~ 0 0 ~~ N N 0 ~ N ~ 0 ~N NO N U ~Q~O cn , '- N (~ U ~ t6 Q ~ (~ (n .~ (~ ~ N N i= ~ > (~ m ~ ~N ~ O O ~ ~ U N ~ N ~ ~ ~ ~ Q N ~ • N O+r~ t~ 0 `~ .~ ~ ~ Op ~ t~~ ~ ~ ~O ~ N 0 ~ N t~ ~ • ~ 00~ 0~,~ ~ 0 i ~ ~ ~ ~~ ~ N ~ ~ N ~ ~ ~ ~ ~~ ~ ~ = ~ ~ ~ U N 0 ~ N ~ ~ t6 t~ N •N 0 ~ ~ U ~ N ~= ~ N ~ N N Q ~ ~ N ~' ~ ~ ~ N N 0 .~ N U ~ ~ ~ ~ 0~ ~ U ~o N ~ 000 (n ~ N ~~00 ~ ~~ U ~ ~ ~ Q ~ ~ N V ~ +~ (6 ~ N ~' ~ L O ~ O ~ +~ N ~ v ?~~ 0~ U O~ ~ t6 }, ~~~ ~ _ }' N > N O N 0 +~ ~ N~ ~ `~ U ~ 0 ~ ~ L N O S •~ t~ 0 ~' N N •L ~ ~~ a U ~ ~ N~ 0~ ~ ~ a"' N U p ~ ~ ~+ 0 •N ~ ~ ~ N ~ • ~ ~ ~ ~ ~ .~ N N ~ ~ ~= •~3 > a~~ N•~ ~ 3~~ °~.~~~ ~~ ~~a ~ 'jX~ ~~N00 ~•~ ~ ~~cn c~ ~~_ ~~~~~ >3 °~3 ~ N Nod }' ~ cnOQ~N U 0 ~ ~N >' ~~N Q ' ~ 0 ~ ~ ~ ~ ~ ~ m ~ N~ N ~ ~ j~ ~ N ~ N 0 t~ 0 N ~_ N ~ t6 ~ 0 0 0~ ~ i--~ ~ N N ~ U ~ ~ ~ ~ .N ~ ~~ O .U N~ N~ ~ .~ U S N U j, N N N~ ~ }, ~ ~ N ~~ Q ~ ~ ~ ~ N N >•- ~ N ~ N (~ > N ~ ~ N ~ 0 0 .~ 0 V CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering 4. SUMMARY OF THE COMPARATIVE SURVEY Six regional cities in Texas responded to the comparative survey. These cities operate their own water and wastewater operations similar to Denton, the details of which are described in the following pages. As in any comparative survey, identifying jurisdictions which completely align along the numerous demographic, economic, geographic, meteorological, etc. factors is problematic. By example, according to U.S. Census Bureau, Denton had a 2007 population estimate of 115,506 and was ranked in the top ten of the fastest growing cities in the nation. The City of Denton experienced an increase in growth from 2000 to 2007 at a rate of 43.4% compared with county and state rates of 41.4% and 14.6%, respectively. According to University of North Texas Center for Economic Development Research, the annual growth rate for the City of Denton is 3.5% and is estimated to grow by 53.12% from 2015 to 2030. As a result of this information, given Denton's tremendous growth rates, it is impractical to find several comparable cities that align well along the population growth variable. This difficulty is further demonstrated by estimates of population growth among Texas Metropolitan Statistical Areas (MBAs) by the U.S. Bureau of Census. Among non border Texas MBAs Austin-Round Rock grew 16.22 percent over the same period, followed by Dallas-Fort Worth-Arlington (12.75%~, Houston-Sugar Land- Baytown (11.98%~, and San Antonio (9.24%). Among non border intermediate-sized MBAs, Tyler grew 9.09% followed by Killeen-Temple-Fort Hood (6.29%~, Sherman- Dennison (5.64%~, Amarillo (5.36%) and Waco (5.22%~. Negative population growth occurred in only three areas, Wichita Falls (-3.46%), Abilene (-1.22%) and San Angelo Matrix Consulting Group Page 65 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering ~-0.39%~. As shown by this information, growth throughout Texas differed dramatically. Among the six organizations surveyed, none compare with Denton's growth rate. Nevertheless, population growth is only one of innumerable variables that should be considered in a "comparability" exercise. In sum, a comparative survey is nothing more than a "snapshot it time" in an effort to compare and contrast various organizations with some similarfunctionalities in comparable environments. As with any telephonic information collection survey, the accuracy of much of the data is dependent upon the quality of information provided by the various respondents. Validating the preciseness of information presented to the project team through audit practices is beyond the scope of this endeavor. The cities surveyed are presented below. • Tyler; • Waco; • McAllen; • Midland; • Abilene; and • Wichita Falls. The first section, which follows, summarizes the size and population of the comparison cities. 1. BACKGROUND INFORMATION The table below presents background information for each of the six responding cities. Matrix Consulting Group Page 66 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering PopulationlGeographic Comparisons -Surveyed Cities City Most Recent Est. Population Estimated Size of the City (Land Square Miles) Abilene 158,063 105.1 Midland 103,880 66.6 McAllen 126,411 46.0 Tyler 105,873 49.4 Waco 120,465 95.5 Wichita Falls 107,847 70.7 Denton 109,561 61.5 The population and square mileage information provides an introductory framework to the organizations in Texas that have common characteristics to Denton. These are further illustrated as follows: 2. WASTEWATER OPERATIONS. The following provides comparative data regarding wastewater operations in the various jurisdictions surveyed. (1) Wastewater Information Overview. The following tables reflect broader operational characteristics of the wastewater operations at the various organizations. Comparative Plant Characteristics -Surveyed Cities City Level of Treatment Type of Disinfection Biosolids Produced Discharge Location Abilene Secondary Chlorine Class B Creek Midland Partial Secondary None Class B Holding Ponds Farmlands McAllen Secondary Chlorine Class B Waterways Tyler Secondary Chlorine Class B Creek Waco Tertiary Chlorine Class B River Wichita Falls Secondary Chlorine Class B River Denton Tertiary Ultraviolet Class A Creek/Lake As shown above, most facilities perform a secondary level of treatment with chlorine disinfection. Denton provides more advanced tertiary treatment as well as uses state-of-the-art ultraviolet disinfection processes. Matrix Consulting Group Page 67 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Comparative Infrastructure Characteristics -Surveyed Cities City Number of Lift Stations Linear Miles of Sewer Main Abilene 10 550 Midland 18 Not accurately reported McAllen 61 470 Tyler 15 508 Waco 80 800 Wichita Falls 58 600 Denton 29 480 As demonstrated in the table, the agencies noted in the survey are within a relatively large range as it relates to lift stations, falling between 10 to 80 lift stations in the respective communities due to differing topographies. Linear miles of sewer main are in a less broad range, ranging from 425 to 800 miles. Although there are some notable differences between the organizations in the survey, they nevertheless represent, based on the data presented above, agencies of comparable, though certainly not exact, operations. As a result, these agencies can be evaluated for various business practices to determine if there are significant commonalities or differences in the way wastewater collection and treatment is operated. (2) Wastewater Operations Overview. As noted in the original proposal, the purpose of the survey is to demonstrate, "a useful counterpoint to the (separate) best practices analysis, and to put in context similarities and differences between the Departments and these comparison agencies. The focus of the comparisons would include: Quantitative comparisons of workload and service levels and qualitative comparisons of management practices (e.g., contracted versus use of in-house staff for particular services)." The tables below provide Matrix Consulting Group Page 68 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering operating information collected from the various agencies and compares the practices to Denton. (2.1) Sewer Line Maintenance. The following table provides comparative information on sewer line maintenance. Comparative Sewer Maintenance Characteristics -Surveyed Cities City Jet Vactoring Performed? Sewer Televising Performed? "Hot Spot" Maintenance Performed? Grease Trap Monitoring Performed? Abilene Yes Yes Yes Yes Midland Yes Yes Yes Yes McAllen Yes As-Needed Yes Yes Tyler Yes No Yes Yes Waco Yes Yes Yes Yes Wichita Falls Yes Yes Yes Yes Denton Yes As-Needed Yes Yes As shown by the data above, the surveyed organizations, with little exception, are performing various sewer line maintenance tasks regularly, including jet vactoring lines on a regular basis, hot spot maintenance and grease trap monitoring as part of a Fats, Oils and Grease (FOG) or some similar program. There is a different philosophical approach taken to sewer line televising among the various agencies, with some programs performing televising daily while others, such as Denton, performing televising on an as needed basis. Generally speaking, based upon the illustrative information, Denton is performing the appropriate tasks that are typical of other agencies in the region. It should be noted that all these tasks were performed by in-house crews and are not contracted. (2.2) Sewer Construction. The following table provides comparative information on sewer line construction. Matrix Consulting Group Page 69 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Comparative Sewer Construction Characteristics -Surveyed Cities City Minor Infrastructure Repairs In-house? Minor Construction In-house? Major Construction In-house? Abilene Yes Yes & Contracted Yes & Contracted Midland Yes Yes Contracted McAllen Yes Contracted Contracted Tyler Yes Yes Contracted Waco Yes Yes Yes Wichita Falls Yes Yes Yes Denton Yes Yes Yes & Contracted As shown by the data above, the surveyed organizations are performing in-house repairs yet dependent upon the magnitude of construction on sewer line infrastructure may or may not use contract services. Particularly as it relates to major construction initiatives, comparative agencies may use a contractor or may alternately use in-house crews. As a result, from the perspective of construction, there is no regional common practice that as been established. The data suggest that Denton is performing construction and repairwork consistent with common practice in the region. (2.3) Wastewater Operations. The following table provides comparative information on different types of wastewater operations practices of the surveyed agencies. Comparative Wastewater Operations Characteristics -Surveyed Cities City Wastewater 0&M Contracted? Landscape Maint. Performed by WW Staff? Most Laboratory Testing In- house? Where is Drainage Housed? Abilene No No Yes Flood Ctrl Div. Midland No No Yes Streets Div. McAllen No Yes Yes Public Works Dept Tyler No Yes Yes Streets Div. Waco No Yes Yes Not reported Wichita Falls No Yes Yes Streets Div. Denton No Yes Yes Streets, Drainage and Traffic The surveyed organizations provide wastewater services quite similarly to Denton. This includes performing wastewater operations and maintenance with in- Matrix Consulting Group Page 70 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering house crews and laboratory testing with in-house staff. There are some minor differences as it relates to who performs landscape maintenance services at plant sites and off-location (such as lift stations). As it relates to where drainage maintenance services such as channel maintenance, culvert construction, etc., most organizations situate those duties and responsibilities in a similar fashion to Denton, in a Streets or Public Works/Utilities function. Only Abilene has a separate flood control division. (2.4) Computerized Maintenance Management Systems The following table provides information on the Computerized Maintenance Management System (CMMS) in place/use at the various surveyed organizations. Comparative CMMS Characteristics -Surveyed Cities City CMMS and Well Utilized? Abilene No Midland No McAllen Yes -however not all records options and reports used. Tyler No-maintain records in maintenance logs. Waco Yes -however only used for storm water maintenance. Wichita Falls No - however use an in-house Access database to track workloads. Denton Yes -however not all records options and reports are available. The project team finds the use of a Computerized Maintenance Management System at the comparable agencies somewhat typical to what is found nationally. The value of swell-maintained CMMS has not yet achieved widespread acceptance in some maintenance fields. Despite a robust and well-utilized CMMS being a best management practice, this is generally not what is in place in Denton and other regional agencies noted in the comparative survey. By example, where some CMMS reports are available that can detail hours and dollars spent on particular tasks, reports are not readily available on proportions of wrench time, proportion of preventive versus Matrix Consulting Group Page 71 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering corrective maintenance, etc. These type of CMMS management reports identify performance issues as opposed to just reporting upon various metrics. (3) Inspection Services. Water and Wastewater inspection services provided by the comparative agencies are accomplished in a variety of ways. For the City of Denton as well as Tyler, McAllen Midland, and Wichita Falls, inspection services are provided by in-house staff. For the cities of Waco and Abilene these services are contracted out. Dependent upon the scope of the project, McAllen will also contract inspection services, as necessary. (4) Wastewater Rate Overview. Comparing wastewater rates of differing agencies is complicated by the fact that different formulas are often used that include both flat fees, escalating or de-escalating fees based on amount of water usage, size of water meters, residential versus industrial rates, etc. To normalize fees for comparative purposes the project team calculated what the monthly fee would be at each agency based on a 10,000 gallons metric for one month. The information is shown in the table below: Comparative Wastewater Rates - Surveyed Cities3 City Residential Wastewater Rate for 10K Gallons Water Abilene $17.30 Midland $15.95 McAllen $22.00 Tyler $20.76 Waco $37.62 Wichita Falls $25.61 Denton $36.68 The difference in rates reflects numerous factors, including method of treatment, policy decisions, operating versus capital costs inclusion, desired reserve levels, etc. If 3 Information found in the 2008 WaterlUVastewatersuwey at the Texas Municipal League at http://www.tml.orglsurveys.html. Matrix Consulting Group Page 72 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering rates are not dramatically different, then it should be assumed that rate structures are necessary to support the wastewater infrastructure and operational needs. Although Denton has one of the higher rates based on these particular comparison agencies, Denton also has the most thorough wastewater treatment process. Additionally, it should be noted that Denton has what the project team perceives as one of the more equitable wastewater treatment charge calculations. Billing is based on 98 percent of average monthly water billed from December through February (winter months) where water usage better reflects in-home as opposed to landscape driven water use. Other rates noted above are based on monthly water usage throughout the year that can fluctuate more widely. And since Denton rates are based on winter rates reflecting the highest percentage of in-house usage, a ten thousand gallon to ten thousand gallon comparison at any given time is still not a precise variable to develop a parity comparison as typically more water will be used, and thus higher wastewater charges incurred, at other localities in all months but the winter season. Ideally annual billings should be compared for various residential, commercial and industrial entities; this data is beyond the scope of this report. In total, these and other complexities associated with the comparison of any utility rate makes comparative analysis a broad benchmark at best. In sum, Denton can be considered competitive given all factors involved in the existing rate structure. This issue is further discussed in the water utility rates section below. 3. WATER OPERATIONS. The following provides comparative data regarding water operations in the various jurisdictions surveyed. Matrix Consulting Group Page 73 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering (1) Water Information Overview. The following tables reflect broader operational characteristics of the water operations at the various organizations. Comparative Water Characteristics -Surveyed Cities City Present Capacity of Water Treatment Plant(s) Source of Water Reclaimed Water Produced? Reclaimed Production Capability Abilene 48.5 MGD Lake/River Yes 16 MGD Midland 32 MGD Wells No N/A McAllen 43 MGD Canals Yes 18 MGD Tyler 32 MGD Lake/Wells Yes 18 MGD Waco 41 MGD Lake Yes 22 MGD Wichita Falls 72.6 MGD Lake Yes 38 MGD Denton 50 MGD Lake Yes 21 MGD As shown above, the agencies have decent capacity water treatment facilities, and with the exception of Midland, produce reclaimed water. There is, however, a differential in the sources of water for the various agencies in the survey, ranging from lakes, rivers, canals and deep wells. Comparative Infrastructure Characteristics -Surveyed Cities City Number of Booster Stations Linear Miles of Water Main Est. # of Meters Storage Capacity Abilene 5 750 36,000 17.55 MG Midland 4 Not accurately reported 32,000 Unk. McAllen 0 682 Unk. 17.5 MG Tyler 6 582 30,500 14 MG Waco 4 923 41,963 25 MG Wichita Falls 3 750 36,000 Unk. Denton 2 532 31,411 20 MG As demonstrated in the table, the agencies noted in the survey are within reasonable range as it relates to the number of booster stations and somewhat broader range related to linear miles of water main, with Denton having apparently the smallest main infrastructure. Interestingly, some survey respondents, unlike Denton, had some Matrix Consulting Group Page 74 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering difficulty providing precise information related to the number of water meters in their system-some are what was described as "close estimates." Further, some agencies were unable to provide theirwater storage capacity. As in the wastewater section, although there are some differences between the organizations in the survey, they nevertheless represent, based on the data presented above, agencies of comparable though certainly not exact operations. These agencies can be evaluated for various business practices to determine if there are significant commonalities or differences in thewaywateroperations are conducted. (2) Water Operations Overview. The tables below provide operating information collected from the various agencies and compares the practices to Denton. (2.1) Line Infrastructure Maintenance. The following table provides comparative information related to water infrastructure maintenance activities. Comparative Water Maintenance Characteristics -Surveyed Cities City Valve Exercise Program Performed? Leak Detection Program Performed? Backflow Prevention Performed? Fire Hydrant Flushing Performed by Water Utility? Abilene Yes Yes Yes Yes Midland Yes Yes Yes Yes McAllen Yes No Yes No (Fire) Tyler Yes No Yes Yes Waco Yes Yes Yes Yes Wichita Falls No No Yes No (Fire) Denton Yes No Yes Yes As shown by the data above, the surveyed organizations are generally performing the same kinds of water maintenance functions with the exception of 4 Denton has capability to implement a leak detection program but has not given water audit results showing minimal loss. Matrix Consulting Group Page 75 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering implementation of a leak detection program. One-half of the comparative agencies do not have a leak detection program. Further, whereas all agencies have a fire hydrant flushing (and maintenance) program, this task is situated in the Fire Department at some locales. (2.2) Water Construction. The following table provides comparative information on water line construction. Comparative Water Construction Characteristics -Surveyed Cities City Minor Infrastructure Repairs In-house? Minor Construction In-house? Major Construction In-house? Abilene Yes Yes Yes Midland Yes Yes Contracted McAllen Yes Contracted Contracted Tyler Yes Yes Yes & Contracted Waco Yes Yes Yes Wichita Falls Yes Yes & Contracted Yes Denton Yes Yes Yes & Contracted As shown by the summary data above, the surveyed organizations are performing in-house repairs yet dependent upon the magnitude of construction on water line infrastructure may or may not use contract services. The following information provides further detail related to these types of tasks: Matrix Consulting Group Page 76 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Comparative Water Construction Characteristics (2) -Surveyed Cities Perform distribution Perform line system Perform new break and replacement construction InstalllReplace hydrant in-house? in-house? Perform water new fire repairs in- Factors Factors main taps in- hydrants in- City house? Involved? Involved? house? house? Both are Performed in- Up to 25K feet Performed in- In-house if on performed in- house annual in- house existing line; house house although contract if a > 18" typically new Abilene contracted subdivision. Both are Contracted Contracted Performed in- Contracted performed in- unless in-house unless in- house unless house resources house replacement of available resources existing then available both contract Midland and in-house Both are >12" contracted Contracted Performed in- Contracted performed in- smaller lines house unless house (uncomplicated) replacement of done in-house existing then in- McAllen house Both are In-house and Partnership Performed in- In-house if on performed in- contracted between house existing line; house dependent contractor and partnership if a upon job City new complexity and subdivision. number of customers Tyler served Both are Performed in- In-house Performed in- Performed In- performed in- house unless >20" house house house typically Waco contracted Both are Up to $1 M in- Up to $1 M in- Contracted. In-house if on performed in- house with house with existing line; house higher value higher value contract if a contracted contracted new Wichita Falls subdivision. Both are These crews These crews Performed in- Performed In- performed in- replace existing install new house house house water mains up mains up to Denton to 12". 12". These additional details indicate that, particularly as it relates to major construction initiatives, comparative agencies may use a contractor or may alternately use in-house crews or both. As a result, from the perspective of construction, there is Matrix Consulting Group Page 77 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering no regional common practice that as been established. This is consistent with construction work performed on wastewater lines. Other maintenance practices are common (such as break repairs, taps, etc.) (2.3) Water Meter Operations. The following table provides comparative information on different types of meter operations practices of the surveyed agencies. Comparative Meter Operations Characteristics -Surveyed Cities City Meter Repair In- house? Meter Replacement, Exchange Program? Meter Registration Test Program? Abilene Yes Yes Yes Midland Yes Yes Yes McAllen Yes Yes Yes Tyler Yes No Yes Waco Yes Yes Yes Wichita Falls Yes Yes Yes Denton Yes Yes Yes As it relates to water meter operations, the surveyed organizations perform similarly to Denton. This includes in-house meter repairs, a formalized meter exchange/replacement program and meter registration flow testing. For those organizations that provided the information, the meter exchange program is on a more frequent rotation than Denton's 13-year cycle. However, the City of Denton has performed a detailed economic analysis that supports the 13-year replacement cycle. Prior to this evaluation, Denton had a 10-year program cycle as an operational goal. (2.4) Water Computerized Maintenance Management and SCADA The following table provides information on Computerized Maintenance Management and SCADA systems in placeluse at the various surveyed organizations. Matrix Consulting Group Page 78 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Comparative CMMS and SCADA Characteristics -Surveyed Cities City SCADA? CMMS and Well Utilized? Abilene Yes Yes Midland Yes No McAllen Yes Yes -however not being fully utilized. Tyler No No Waco Yes Yes Wichita Falls Yes Yes Denton Yes Yes -however not all types of records are maintained therein. Similar to wastewater CMMS, the comprehensive use of a CMMS for water is inconsistent among comparative agencies. With the exception of Tyler, this is not the case for SCADA systems. Interestingly, when questioned as to the ability to remotely operate SCADA from a laptop computer, only one agency had full capability and one had partial capability. The partial capability is consistent with remote access programs underway at Denton. (3) Water Rate Overview. Comparing water rates is similarly complicated for the reasons stipulated in the wastewater rate comparison. To normalize fees for comparative purposes the project team calculated what the monthly fee would be at each agency based on a 10,000 gallons metric for one month. The information is shown in the table below: Comparative Water Rates -Surveyed Cities City Residential Water Rate for 10K Gallons Water Abilene $30.30 Midland $37.08 McAllen $17.00 Tyler $27.24 Waco $36.32 Wichita Falls $43.80 Denton $35.55 The difference in rates reflects numerous factors as discussed in some detail in the wastewater section. Although Denton is at the midpoint of these rates based on these particular agencies, comparisons of any utility rate make comparative analysis a Matrix Consulting Group Page 79 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering broad benchmark at best. By example, a recent survey of 706 communities throughout Texas showed the average residential rate for 10,000 gallons of water to be $41.09- nearly 16% higher than Denton.5 In sum, Denton can be considered competitive given all factors involved in the existing rate structure. 4. UTILITY SUMMARY. In summary, when comparing Denton water and wastewater utility operations to the surveyed agencies in the region, there are only a handful of operational questions that arise relative to how utility businesses are being conducted at the various agencies. These include the following: • Denton's wastewater influent treatment process is generally more sophisticated than the otheragencies. • Denton performs sewer televising on an as-needed basis based upon SCRAPS Sewer Cataloguing, Retrieval and Prioritization System) methodologies, whereas many other agencies have developed an on-going televising program. • The methods used for construction of both wastewater and water infrastructure is varied dependent upon agency with construction performed in-house, by contract, and also some combination of both services. • Computerized Maintenance Management Systems for both water and wastewater have not yet received widespread implementation andlor consistent use among the utilities. The surveyed agencies have provided a benchmark upon which certain issues can be further explored. In totality, there appears to be nothing alarming relative in the way Denton conducts utility business when compared to regional counterparts. In conclusion, the operational practices noted above, as well as several others, will also be 5 Information found in the 2008 WaterlUVastewatersuwey at the Texas Municipal League at http://www.tml.orglsurveys.html. Further details as to individual communities can be found at http:/lwww.tml.orglpdfsurveys12008waterdetail.pdf as well as http:l/www.tml.orglpdfsurveys12008wastewdetail.pdf Matrix Consulting Group Page 80 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering further compared to best management practices in order to help determine the most efficient and effective method to perform various utility services. 5. ENGINEERING SERVICES. As it relates to Engineering Services provided by the comparison agencies, the following sub-sections describe the results of our survey efforts. (1) Engineering (and Related) Organizational Structures. An evaluation of the comparative agencies' organizational structuring, particularly related to Engineering, was developed. The following points summarize where engineering and utility services are located in the six comparison cities. • Tyler -Engineering Services is composed of the previous Streets Department and Engineering Department with a separate Utilities Department. • Waco -Engineering Services is a department within the Public Works Group with a separate Utilities Group. • McAllen -The Engineering Department is a part of the Highways and Streets organization with a separate Utility Group. • Abilene -The Engineering Division is an organizational unit part of the Public Works Department with a separate Water Utilities Department. • Midland -The Engineering Services organization is part of the Development Services Agency with a separate Utilities Agency. • Wichita Falls -The Engineering Division and several water and wastewater divisions are all part of a broader Public Works Department. In summary, there are clearly organizational differences among the varied agencies. Generally speaking, however, as it relates to these comparison organizations, engineering services and utility services are most often separate entities with engineering generally falling within a public works agency. Interestingly, Denton does not have what is typically defined as a Public Works Department composed of Matrix Consulting Group Page 81 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering such functional units as streets, curbs, gutters, sidewalks; traffic; parks; fleet maintenance; road sign & signal maintenance; etc. (2) Design Services. With one exception, all surveyed agencies contracted out design services to private vendors for water and wastewater infrastructure design. Wichita Falls performs some in-house design whereas Denton's Design Engineering Technicians perform a variety of design-related duties and responsibilities. All replacement program design services are done in-house. Some of the larger projects have been designed in-house as well, depending in large part on availability of staff, project complexity, and preferences of the assistant directors in water utilities. (3) Service Fees. As it relates to Engineering having a comprehensive charge-back program to end-user departments, and effectively operating as an internal service fund, three of the six cities do not have such afee-for-service charge back system in place. These include Tyler, McAllen, and Wichita Falls. Similar to Denton, Abilene, Midland and Waco have adopted such a process. Service fees are typically used in-lieu of full budgetary support from the General Fund or General Fund subsidies using cost allocation formulas. The implementation of these service do not appear to have any bearing on the type of city-wide organizational structure engineering services falls under as two of five agencies without charge-back programs have engineering services separate from utilities whereas three of five agencies with charge-back programs have engineering services separate from utilities. These data are shown in the table below: Matrix Consulting Group Page 82 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Comparative Agency Charge-Back Program and Organizational Structure Community Engineering Services Separate from Utility Services? Engineering charge-back program? Tyler Yes No Waco Yes Yes McAllen Yes No Abilene Yes Yes Midland Yes Yes Wichita Falls No No Beyond this comparison the project team notes that regardless of where engineering services are placed in a broader municipal organizational structure, such a charge-back program or, at minimum, engineering cost allocation philosophy is consistent with best management practices. (5) Development Review Process. Without exception all agencies in the survey, Engineering and Utility operations, are involved in the city's development review process. The project team could not get consistent feedback related to how long the development review process took, whether or not the development review process was perceived as "customer friendly," etc. As a consequence, a valid comparison to other agencies could not be completed. 6. SUMMARY In summary, as it relates to the various engineering service issues, Denton is relatively common place compared to the other agencies as it relates to how different engineering duties and responsibilities are performed. This includes the use of both in- house staff as well as contracted staff. Whereas some agencies have not adopted an engineering charge-back process, Denton has appropriately done so, as this is a best management practice. Finally, as it relates to the organizational structure, Engineering is co-located with utility services in Wichita Falls but not in other organizations. Matrix Consulting Group Page 83 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering 5. STAFFING, WORK PRACTICES AND SERVICE LEVELS This chapter of the report provides the project team's evaluation of the staffing, work practices and services provided by Denton Municipal Utilities' Water, Wastewater, and Utility and CIP Engineering divisions. 1. EVALUATION OF STAFFING REQUIREMENTS ARE BASED UPON A VARIETY OF APPROACHES, SOME MORE ACCURATE THAN OTHERS. To evaluate staffing requirements in an organization, a variety of approaches can be used. Dependent upon readily available information, these staffing assessments can represent the range from broad staffing requirement guidelines based on minimal data to very sophisticated and accurate modeling that result in detailed personnel allocations by a percentage of full-time equivalent positions. Both quantitative and qualitative data can be used to derive staffing recommendations. Regardless of the approach to staffing assessments, all models have one element in common-they are theoretical, and are best-effort attempts to reflect operational reality. Given the various unique operational variables in any organization, staff modeling should be viewed as a tool to be used by management in determining organizational needs. In sum, staff modeling does not replace operational judgment of supervisors, managers and executives that benefit from the day-to-day oversight of their operations. This oversight frames perceptions related to organizational needs and these perceptions are, in fact, extremely important. Ideally perceptions should be augmented by a variety of data that supports the viewpoints of decision-makers and ultimately improves the ability to make sound judgments. Essentially then, any staff modeling exercise is an important Matrix Consulting Group Page 84 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering component in organizational improvement, with some models being more accurate than others. Different public sector professions have different capabilities related to staff modeling. By example law enforcement has regularly used the relatively simplistic officers-per-thousand (population) to reflect staffing needs. More sophisticated police staff modeling evaluates the proportion of unobligated/proactive time available to patrol officers to determine how many sworn personnel are needed at any given time. As it relates to utility operations, there are a variety of methods that can be used to evaluate staff needs. Examples include: • Staff trending over several years, showing the proportional change in staff compared to a number of variables including population, product produced (e.g. gallons of effluent, infrastructure maintained (e.g. miles of water line, and other factors. • Benchmarking, showing the number of staff deployed in one organization, by functional unit, compared to another organization. Efforts are made to try to find organizations of similar characteristics and/or normalize information such that an "apples-to-apples" comparison is ideally made. • Modeling based on infrastructure profiling. In 1973 the Environmental Protection Agency published Estimating Staffing Levels for Municipal Wastewater Treatment Facilities. The intent of this report was to identify potential staffing needs based on the specific infrastructure elements in place in a treatment plant ~e.g. types of primary, secondary, and/or tertiary treatment facilities). Although this was a progressive modeling approach it interestingly has not been updated in thirty-five years, and is thus currently outdated. • Modeling based on risk assessments. Staff modeling can be based largely on risk assessment whereby the likelihood and magnitude of a risk drives the need for staff positions. By example, some utility operations which have the capability to be operated fully on automation still have personnel assigned 24/7 due to the perceived level of risk associated with a catastrophic failure event. • Staff modeling based on work unit performance expectations, outputs and outcomes. The most sophisticated staff modeling evaluates the production of individual staff members in a work unit, identifies performance strengths and opportunities for improvement, and based upon performance determines if the Matrix Consulting Group Page 85 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering work unit requires staffing modifications. This type of staff modeling requires a greater level of detail as it relates to the information required, but is the most accurate approach for making staffing assessments. In sum, there are a variety of approaches that can be used in modeling staff needs. In our engagements the project team attempts to utilize as many modeling techniques as possible given the availability of data and overall scope of the project. Furthermore, and importantly, where there are opportunities for improving the future ability to model staffing needs in the various divisions, the project team will identify them and include recommendations inthis report. 2. THE EVALUATION OF WORK PRACTICES AND SERVICE LEVELS. The evaluation of work practices and service levels is, in many respects, often more straightforward than a staffing needs assessment. Work practices can be evaluated based upon a variety of comparisons including juxtaposing practices against other agencies or against various best practices as detailed in prior chapters. Similarly, service level efficiency can often be reviewed based upon costs and other data. More complicated is the evaluation of service level provision quality. These are often subjective and largely qualitative and as a consequence are more difficult to measure. The project team will be commenting upon various work practices and service levels, both positive and opportunities for improvement, inthis report. 3. WATER UTILITY OPERATIONS. Details regarding the organizational structure, roles and responsibilities of the Water Utilities can be found in the profile chapter. In summary, however, the following table notes the Water Utilities' various broad responsibilities (by division) and authorized staffing contingent. Matrix Consulting Group Page 86 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Water Utilities Operational and Staffing Overview Function Total Staff (authorized) Broad Responsibilities Water Production -Administration 1 Supt., 3 admn. support Oversees Water Production Operations and special functions. Water Technical Support 1 Mgr,1.5 admn. support Performs construction project management and financial administration. Water Production -Operations 1 Mgr,141ine staff Oversees water production operations at Lake Lewisville and Lake Ray Roberts Plants. Water Production -Maintenance 1 Mgr, 8 line staff Performs mechanical maintenance on water production/storage infrastructure. Water Production- Electric 1 Mgr, 7 line staff Performs electricallelectronics maintenance on water/wastewater infrastructure Water Distribution- 1 Mgr,1 admn. support Oversees Water Distribution Administration Operations and special functions. Water Distribution -Field 2 Supv,18 line staff Performs distribution system Services preventive maintenance, repair, upgrade and new installations. Water Metering -Administration 1 Mgr, 2.5 admn. support Oversees Water Metering Operations and special functions. Water Metering -Field Services 1 Supv, 9 line staff Performs various meter replacement, repair, testing and line flushing functions. Drainage -Administration 1 Supt., 2 Admn. support Oversees Drainage, Street and Traffic Operations and special functions. Drainage- Field Services 1 Supv,11 line staff Performs maintenance and construction of storm water systems. The following is noted regarding information in the table. Water Utilities has eleven independent work units (divisions). Two work units, Water Technical Support and Water Production -Electric also dedicate a reasonable amount of effort toward wastewater operations. Twelve (12) superintendents, managers and supervisors oversee 77 authorized line and support staff resulting in a supervisor to staffing ratio of approximately 1:6.5. Although the ratio varies widely by division, this average is consistent with appropriate supervisor to staff guidelines which are generally in the 1:6 to 1:10 range. Organizationally, Water Utilities appears to, overall, be deployed appropriately. There are, however, some broader organizational issues to be discussed in a following chapter. Matrix Consulting Group Page 87 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering The following sections discuss staffing, work practices and service levels based upon a review of the various information provided to and collected by the project team. (1) Water Production Operations. The following reflect findings and, as appropriate, recommendations for Water Production Operations. (1.1) Water Production Operations Provides a High Quality of Service as Reflected by Water Quality Reporting. Water Production Operations, as detailed in the profile chapter, is responsible for the provision of safe drinking water to the City of Denton. The ultimate effectiveness of a water production operation can be measured by the outcomes of mandated water quality reporting. In calendar 2007, the effective operations of Water Production resulted in no violations relative to a variety of mandated measurements. These included: • Regulated Inorganic Compounds such as nitrates, lead and copper. • Regulated Radioactive Contaminants such as Gross Beta Emitters which occur naturally and through man-made processes. • Regulated Synthetic Organic Contaminants which generally includes the family of herbicides and pesticides. • Regulated Disinfectant and Disinfection By-products such as those measured by Total Organic Carbon in treated and untreated water and the presence of chloramines. • Regulated Microbial Contaminants such as total coliforms. Beyond the results in 2007, it is important to note that Water Quality Operations takes corrective action in the event of non-compliance. Whereas in 2005 similar "no violation" reports were registered, in May 2006 Denton received a monitoring and reporting failure due to a redundant water clarity monitor breakdown that measured Matrix Consulting Group Page 88 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering turbidity6. Whereas actual turbidity was not an issue, the reporting failure was problematic. To resolve this issue alarms were added to the computer monitoring system and Water Production Operator staff are now required to manually collect this information every four hours. This event demonstrates Water Utilities commitment to timely problem resolution. In summary, Denton has received a "superior" water rating from the State of Texas and awards for the Best Tasting Water in Texas. This, combined with the previous information, reflects the Water Production Operations' commitment to quality service delivery. (1.2) Water Production Operations is Efficient in That it Produces Water Well Below Identified Benchmarks. In addition to the effectiveness by which services are offered, Water Production Operations consistently produces water below budgetary benchmark performance targets. This is shown in the graph below. s A measure of water's clarity. How clear the water is can indicate how many particles are in it. Matrix Consulting Group Page 89 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Water Production Cost 11000 Gallons: 2005 - 2007 $0.70 $0.65 $0.60 $0.50 $0.48 $0.40 $0.30 $0.20 $0.10 $- BenchmarkTarget Jan 05 -Dec 07 As shown, water production has averaged 26% less than the internal benchmark performance target established. Furthermore, as it relates to the setting of the internal benchmark, this is an aggressive performance metric. Average costs for existing traditional water supplies (e.g. surface, well, etc. as opposed to desalination generally range from $0.90 to $2.50 per 1,000 gallons produced.' Denton's internal benchmark is markedly lower than this range, a fact forwhich Water Utilities should be commended. (1.3) The Number of Water Production Operators Needed is Contingent Upon Various Factors. The City of Denton has determined that it is necessary to staff the Lake Ray Roberts and Lake Lewisville Water Production Plants on a 24-hour/7-day week basis. Although technology developments are moving forward such that the plants can be 7 American Membrane Technology Association benchmarks. Matrix Consulting Group Page 90 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering remotely monitored and operated via off-site laptop computer, given various risk assessments performed Water Utilities to assure safety and security of the plants and attendant infrastructure, the City believes it most practical to staff around-the-clock to address potential risks. The project team concurs with this risk assessment. At issue, however, is the number of staff required to operate the plants. Staffing is based on a number of variables that include: • Minimum staffing levels desired at each plant, whether it be one or more operators. • Certification levels of staff. By example, Operator I positions cannot operate solo (if the operator I has a "C" certification then they can operate the plant but are not necessarily eligible for promotion at the time) and thus must have a colleague or "training operator" at a level of Operator II or above present during their shift. The number of Operator I positions that Water Utilities wishes to deploy impacts overall staffing requirements. • The work schedule implemented. Water Production Operations currently operates on an efficient 3/12 shift schedule. Any shift schedule that is equally divisible into a 24-hour period (e.g. 5/8 or 3/12 shift schedules) is more efficient than those that are not equally divisible (e.g. 9/80 or 4/10 shift schedules). • Net employee availability. Staff are paid for 2,080 per annum but after scheduled and unscheduled leave resulting from holidays, sick, vacation time, training, etc., staff are actually available to work less net hours. Data provided indicate that staff are available approximately 1,738 hours annually. Based on scheduling and net employee availability information, the following table reflects the number of staff necessary to fill each 2417 position. Water Production Operations Fixed Post Staff Modeling Number of 2417 fixed- post positions desired Annual hours required Net hours available per employee Total authorized and filled positions necessary 1 Operator 8,760 1,738 5.04 2 Operators 17,520 1,738 10.08 3 Operators 26,280 1,738 15.12 4 Operators 35,040 1,738 20.16 Matrix Consulting Group Page 91 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering The table demonstrates that the number of fixed post positions desired directly impacts the number of employees required. Given there are two plants, at minimum two fixed post operator positions are required resulting in the deployment of ten (10) authorized positions. At the time of this report, twelve (12) actual lead/operator positions were deployed, thereby averaging approximately 1-1/4 staff per shift per plant.$ Given present authorized staffing levels of fourteen staff allocated to Water Production Operations, from Lead Operator to Operator I, this authorized level provides a level of staffing equating to approximately 1.5 deployed staff per shift per plant facility. The project team believes that a level of 1.5 staff per-shift/per-plant staffing is satisfactory, allowing for a sufficient number of journey and apprentice positions (which direct require oversight as they cannot operate solo) to be fielded. Consequently, Water Production Operations needs to have fifteen (15) total positions deployed in the field. The following is noted: • As previously stated, at the time of this study twelve (12) positions were filled. To accomplish the recommended deployments, three additional positions must be hired. • There is presently an understaffing issue compared to authorized strengths in Water Production Operations. Whereas the project team notes that fifteen (15) positions are necessary for deployment, the following two staffing options should be considered: - Given vacancy rates due to turnover and other absenteeism factors, the Water Production Operations is currently below recommended deployment levels. Most agencies, regardless of the profession, with relatively large crew contingents have some level of vacancy and therefore regularly operate below the authorized staffing levels which $ At the time of the interviews, Water Production had only 12 Operators on staff with 13 positions authorized. As of October 2008, there are 14 Operator positions authorized and 12 positions filled. Based upon feedback to the project team, it was desired to add 1 (one) Operator position over the next 2 fiscal years to get to a total 16 authorized positions. In addition to these positions, Water Production would like to create 2 (two) Operator supervisor positions that will act as a 0700 -1600 hour Monday -Friday supervisor for each plant. This position would oversee the operation of its associated plant and perform the first line supervision of the plant Operators. Matrix Consulting Group Page 92 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering reflect the ideal staffing pattern. Operating with a vacancy in comparison to authorized needs is common. - There are some agencies which compensate for anticipated vacancies by authorizing staff above the number of personnel actually required to effectively operate. This "over-hire" philosophy is designed to ensure sufficient staff is actually deployed while accommodating for likely turnover. If financial resources are available, the project team is a proponent of this "over-hire" philosophy. By authorizing 16 positions as suggest by future short-term plans of the Division, Water Production Operations has essentially implemented this "over-hire" philosophy based upon our recommended authorizedldeployed staffing of 15 leadloperator positions. Water Utilities should move aggressively to fill three additional positions to ensure 15 leadloperator staff are deployed, and pursue 16 authorized positions in order to accommodate future turnover which was at 8.9% for water and wastewater operations in 2007/08. Recruitment of this sixteenth position should be accomplished under a continuous recruitment process whereby applications and resumes are always maintained on-file. If near-term retirement/resignation plans are identified such that staff will drop below 15 positions, aggressive recruitment should occur immediately to fill the sixteenth authorized position. Recommendation: Continue to authorize one (1) Manager and authorize sixteen (16) leadloperator positions-two above existing authorizations-in Water Production Operations. Fill fifteen positions as soon as practical leaving the sixteenth position as a budgeted "over-hire" position designed to address future turnover at a total estimated cost of $70,000 annually in salary and benefits. (1.4) Future Staffing Levels in Water Production Operations are Contingent Upon Facility or Regulatory Modifications. The project team is in agreement with the current level of authorized staffing in Water Production Operations. In the future, however, staffing needs will change. Although future population growth in the City of Denton is expected, staffing Matrix Consulting Group Page 93 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering modifications are only indirectly related to such growth. Fundamentally, although more water will be produced, these additional flows do not bring sufficient additional operator workloads until a plant is modified and capacity is added. Furthermore, staffing changes are generally unnecessary unless new regulations dictate additional operator duties and responsibilities. In brief, unless there is dramatic regulatory shifts, operator staffing modifications should be directly linked to plant changes, both at the Lake Ray Roberts and the Lake Lewisville facilities. By example, major plant upgrades are expected due to growth and aged infrastructure over the next decade; these may very well require staffing level modifications. As part of the planning for any plant upgrades/expansions, a staffing plan should be included to capture the true benefits/costs associated with any plant revisions. Accordingly, and assuming recommended/existing operator staffing levels are sufficient, all proposed future staffing changes should be inextricably linked to future facility modifications, and approval or denial of these additional positions based upon the benefit/cost case developed by Water Utilities staff. Recommendation: Link future Water Production Operations staffing changes on future plant modifications. Develop future staffing plans resulting from each "major" plant upgradelexpansion and regulatory changes. (1.5) As Practical, Continue to Cross Train all Operator Staff Such That They Can Effectively Operate at Both Plants. The project team recognizes the difficulty in dedicating sufficient time to training. This is particularly the case for non-mandated training to include cross-training activities. Despite the difficulties, however, Water Utilities should continue to encourage cross training of all staff such that they can operate at both plant facilities. Such cross- training will provide Water Operations Production with additional flexibility related to Matrix Consulting Group Page 94 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering deployment and scheduling of staff. Cross-training can be further expedited by ensuring the recommended level of staff is deployed. In understaffing situations, areas such as non-mandated training (e.g. cross-training) often suffer; thus, resolving issues related to training is additional evidence for staffing at appropriate levels. Recommendation: Continue to cross-train Water Operations Production staff to operate at both plants. (2) Water Production Maintenance. The following reflect findings and, as appropriate, recommendations for Water Production Maintenance. (2.1) Limited Workload Data of Sufficient Detail Regarding Water Maintenance Activities Significantly Impacts the Ability to Evaluate Staffing Levels, Efficiency and Effectiveness. Water Production Maintenance, as detailed in the profile chapter, is responsible for water plant and related-infrastructure maintenance and repair. As noted in the introduction to this chapter, a variety of methods are used to perform staff assessments as well as work practice and service level reviews. Detailed reviews require the availability of comprehensive workload information. As it relates to Water Production Maintenance, ideal workload data would include corrective (CM), preventive (PM), and rehabilitative maintenance work order information by location, task, time, and employee. As further detailed in the following information technology chapter, this data is not easily reported upon in the Water Production Maintenance's Micro-Main computerized asset and maintenance database nor in Groupwise9 used for CM/PM scheduling. s GroupWise is across-platform collaborative software product from Novell offering a-mail, calendaring, instant messaging and document management. From a historical perspective Groupwise was also being used due to problems with getting the Micro-Main CMMS system working on a centralized server that could be accessed over the radio communications 1 City network between plants along with getting the IT department to address database location and the proper setting up of computer drive paths. Matrix Consulting Group Page 95 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Interestingly, past due work order information is more robust than work completed information. In brief, such information, given limitations, does not readily contribute to management decision-making or staffing analyses. The following table provides an example of data provided to the project team relative to Water Production Maintenance workload. Micro-Main Workload Report Example WO # -Date Completed - ServicelAsset Performed -Date Assigned High School Elevated Storage Tank 10827 9/14/2007 MWP -MOW WATER PLANT AND DIVISION AREAS,121812006 High School Tank 11111 9/15/2007 INSPECTION, CATHODIC PROTECTION, 3/512007 High School Tank 11112 9/15/2007 INSPECTION, CATHODIC PROTECTION, 9/312007 High School Tank 11113 9/15/2007 INSPECTION, CATHODIC PROTECTION, 9/412006 High School Tank 11316 9/18/2007 IHT -INSPECT HEAT TRACE TAPE, 10/1/2007 High School Tank 11677 2/15/2008 I N S PECT TAN K,1211012007 High School Tank 11695 2/15/2008 MOW WATER PLANT AND DIVISION AREAS, 12/10/2007 High School Tank 1173812/10/2007 WI NTERIZE WATER PLANT, 11/1612007 High School Tank 12269 4/21/2008 CALIBRATION, LEVEL TRANSMITTERS, 4/1/2008 High School Tank 12423 3/21/2008 CHECK HIGH SCHOOL TANK LIGHTS High School Tank The following is noted regarding information in the table: • Work Order #, date of work order completion, activity performed, and assignment date are provided in addition to the location such work orders were accomplished (High School Tank. • The data provided lacks important detail relative to who was assigned, what parts/equipment were used to perform the activity, the total days transpired between assigned and performed, a coded task list (as opposed to or in addition to narratives and most importantly the number of hours required to complete the tasks. Matrix Consulting Group Page 96 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering The absence of important and relevant management information in Micro-Main was echoed in our confidential interviews. In summary, at issue is the lack of data prevents the more detailed staffing analyses that could be undertaken if such information were readily available. As a result, Water Utilities must rely on some of the broader staff assessment techniques such as staff trending and benchmarking to develop conclusions. These approaches, however, can have several shortcomings as demonstrated in the following paragraph. During the comparative survey exercise as described in a prior chapter, we were able to collect various data providing an overview of other water and wastewater utility organizations in Texas. Information related to this has been detailed in that chapter. As it specifically relates to Water Production Maintenance, staff classification and general assignment information was collected. The following points are noted, but should be viewed cautiously as further detailed below: • The City of Denton's Water Production Maintenance has a total of six technicians and mechanics that perform mechanical has opposed to electricallelectronic) corrective and preventive maintenance at both plants and other water assets. Additionally, they provide all landscape maintenance, including mowing, at these facilities. • The City of Tyler has a total of five laborers and mechanics dedicated to water maintenance functions. • The City of Waco has a total of eight utilityworkers and trades workers dedicated to water maintenance functions. • The City of Midland has only one plant maintenance mechanic assigned to water maintenance functions. However, job descriptions for their ten Operators include as an essential job duty: "assists maintenance personnel as assigned." Based on the above, in a broad sense, Water Production Maintenance is staffed comparably to other water plant maintenance functions in the surveyed cities. Of Matrix Consulting Group Page 97 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering importance however, and a severe limitation of any benchmarking effort, such comparisons usually lack a sufficient level of detail to determine if work assignments, work functions, working conditions, etc., are truly equivalent. This can be further demonstrated by an executive summary abstract from aMulti-Agency Benchmarking Project performed by some of the largest wastewater agencies in California. This Executive Summary presents findings of the September 1999 Multi- Agency Benchmarking Project, a collaborative effort among seven large West Coast wastewater utilities. Initiated in 1997 and now in its second phase, the project was launched by three utilities a few years earlier (the Tri-Agency Benchmarking Project). Both phases had similar goals: to identify common work areas among utilities in the wastewater treatment business, develop tools to compare functions and costs, collect comparative data, and analyze the results. The challenges were daunting. Each agency conducts its business with its own set of local conditions, regulations, politics, organizational strategies, and natural resource constraints. In recognition of these differences, tools to identify and categorize common functions had to be developed before any data could be gathered.10 The above paragraph demonstrates both the problems of benchmarking and the significant level of effort and time necessary to overcome benchmark shortcomings. As a result of this, the project team believes benchmarking efforts, unless addressed as noted above, can only provide broad indicators related to staffing work practices and other comparables. The Water Production Maintenance operation's staffing levels appears to be consistent with other regional agencies; however, there are other data of interest that may impact staffing requirements. (2.2) Based Upon Work Order Turnaround Time and Backlogs, There Appear to be Work Practice or Service Levels Issues Associated with Water Production Maintenance Work. 10 Executive Summary, Multi-Agency Benchmarking Project, September 1999, page I. Matrix Consulting Group Page 98 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering The project team, based upon the aforementioned work order information provided in .pdf format, randomly sample various work orders at both plants to identify any potential work practice or performance issues. The following pages show those random work order summaries, including date due, date completed, and days transpired between due and completed. Matrix Consulting Group Page 99 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Water Production Maintenance Random Work Orders -Work Completion Data Work Order Information Date Due Date Com leted Days Trans fired 9/19/2007 ARVW - AI R RELEASE VALVE WORK, 101912006 10/9/2006 9/19/2007 345.00 #15 ARV 27 10844 9/14/2007 PCI -PUMP COOLING LINE INSPECTION, 6/22/2007 6/22/2007 9/14/2007 84.00 raw um #2 10951 9/12/2007 TSV -TEST SURGE VALVE, 812312007 8/23/2007 9/12/2007 20.00 SURGE VALVE, LAKE LEWISVILLE RAW 11220 4/7/2008 CHANGE OIL, 101312007 10/3/2007 4/7/2008 187.00 MOTOR, LOW SERVICE #2 PUMP 11303 9/16/2007 CTM -CALIBRATE TURBIDITY METER, 101212007 10/2/2007 9/16/2007 -16.00 TURBIDITY METER,SS-6, LAKE STATION 11308 9/21/2007 FD -INSPECT KMN04 FEEDER AUGER, 911212007 9/12/2007 9/21/2007 9.00 KMN04 Screw shaft 11319 9/18/2007 IHT -INSPECT HEAT TRACE TAPE, 101112007 10/1/2007 9/18/2007 -13.00 Lake station buildin 11842 2/15/2008 PUMP COOLING LINE INSPECTION, 12/24/2007 12/24/2007 2/15/2008 53.00 raw pump #2 11998 2/15/2008 CLEAN TANK, 21412008 2/4/2008 2/15/2008 11.00 kmno4 ho er vibrator 12008 3/11/2008 INSPECT KMN04 FEEDER AUGER, 2112/2008 2/12/2008 3/11/2008 28.00 KMN04 Screw shaft 12026 3/14/2008 GREASE BEARING, 311812008 3/18/2008 3/14/2008 -4.00 kmno4 BUCKET ELEVATOR 8190 9/14/2007 CMV -CHECK MOTOR V1B.,11212007 1/2/2007 9/14/2007 255.00 MOTOR, HIGH SERVICE #4 PUMP 8750 7/16/2007 INSPECT FILTER MEDIA, 511412007 5/14/2007 7/16/2007 63.00 filter 06 8752 9/5/2007 BF - BROOMING & BACKWASHING FILTER., 511412007 5/14/2007 9/5/2007 114.00 filter 12 10505 8/30/2007 CAI -CLEAN AMMONIA INJECTORS, 9/8/2006 9/8/2006 8/30/2007 356.00 AMMONIA INJECTOR SOUTH 1 0697 9/1 8/2007 GB -GREASE BEARING, 12/212004 12/2/2004 9/18/2007 1020.00 HS 5 CHECK VALVE 10851 9/18/2007 RF -REPLACE FILTER MEDIA, 61412007 6/4/2007 9/18/2007 106.00 filter 12 11008 9/18/2007 VT -VIBRATION TEST, 21112007 2/1/2007 9/18/2007 229.00 HS 3 Finish waterpump 11143 8/31/2007 Direct Feed Ammoniator, 6120/2007 6/20/2007 8/31/2007 72.00 ammoniator #1 11321 9/18/2007 IHT -INSPECT HEAT TRACE TAPE, 101112007 10/1/2007 9/18/2007 -13.00 South caustic feed line 1147511/12/2007 CALIBRATION, CL2 LEAK DETECTORS, MONTHLY, 11 /1 /2007 11 l1 /2007 11 /12/2007 11.00 LEAK DETECTOR #1 CL2, DRUM ROOM 12085 3/11/2008 CHECK HOLDING TANK PUMP PACKING, 2/4/2008 2/4/2008 3/11/2008 36.00 Backwash holding tank Matrix Consulting Group Page 100 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering 12086 3/11/2008 INSPECT AIR PACK, 211112008 2/11/2008 3/11/2008 29.00 V11est air ack tanks 8223 9/14/2007 CMV -CHECK MOTOR V1B.,11212007 1/2/2007 9/14/2007 255.00 MOTOR, MCKENNA BOOSTER PUMP #1 1168712/10/2007 MCKENNA PARK PACKING, 1012312007 10/23/2007 12/10/2007 48.00 MCKENNA BOOSTER PUMP #3 3410 6/19/2007 Ins ect ammonia i in and valves, 4/10/2007 4/10/2007 6/19/2007 70.00 Ammonia as i in and valves 3412 6/25/2007 Inspect Ammoniator #1, 611412007 6/14/2007 6/25/2007 11.00 Direct feed ammoniator #1 3621 6/28/2007 Ins ect Ammoniator exhaust fan, 6/29/2007 6/29/2007 6/28/2007 -1.00 Ammoniator exhaust fan 3818 8/23/2007 Ammonia gas pressure reducing valve #1., 8/21/2007 8/21/2007 8/23/2007 2.00 ammonia as ressure reducin valve #1 382412/10/2007 Ins ect ammoniator #2,12110/2007 12/10/2007 12/10/2007 0.00 Direct feed ammoniator #2 4263 2/25/2008 Calibration, NH3 Feed room sensor, checks an, 2/14/2008 2/14/2008 2/25/2008 11.00 Leak Detector, Ammoniator Room 417211/21/2007 Oil Chan e, 1012912007 10/29/2007 11/21/2007 23.00 Motor, Slud e Collector #3 395810/2/2007 Calibration, Chlorinator Room as detector, 9/17/2007 9/17/2007 10/2/2007 15.00 Leak Detector, Chlorine stora e 405710/4/2007 Chlorine Gas Detection System/ Sensor Tank room, 5/16/2007 5/16/2007 10/4/2007 141.00 Leak Detector, Chlorine stora e 4599 4/29/2008 Test Batte Backu on Front Gate, 4/29/2008 4/29/2007 4/29/2007 0.00 Gate, Front ,automated 4499 4/4/2008 Generator, Diesel, Test Run, 4/1/2008 4/1/2008 4/4/2008 3.00 Generator, Diesel, Emer enc -002 3544 6/28/2007 Ammonia scrubber fan, 612112007 6/21/2007 6/28/2007 7.00 Motor, Ammonia Scrubber #1 3767 6/28/2007 Ins ect Ammonia scrubber demister ad, 4/10/2007 4/10/2007 6/28/2007 79.00 Motor, Ammonia Scrubber #1 40041/25/2008 Ins ect Ammonia in'ector Transfer um station, 12/28/2007 12/28/2007 1/25/2008 28.00 Ammonia in'ector transfer um station 4418 2/6/2008 Motor Re airlRecondition, 218/2008 2/8/2008 2/6/2008 -2.00 Motor, Blower, Pre-Ozone Destruct #1 4702 4/14/2008 Calibrate, Oxygen Monitor, ambient, 4/15/2008 4/15/2008 4/14/2008 -1.00 Monitor, Ox en, ozone room south ambient 4703 6/11/2008 Calibrate, Ox en Monitor, ambient, 6/10/2008 6/10/2008 6/11/2008 1.00 Monitor, Ox en, ozone room west ambient 4366 2/12/2008 Li ht Ins ection, Buildin sand Grounds, 2/20/2008 2/20/2008 2/12/2008 -8.00 Lighting, ozone building 4221 11/5/2007 chan e Oil 1013112007 10/31/2007 11/5/2007 5.00 Flocculator 2B 422211/5/2007 chan e Oil 1013112007 10/31/2007 11/5/2007 5.00 Flocculator 2C 4070 9/18/2007 Scba tank ins ection, 5123/2007 5/23/2007 9/18/2007 118.00 Matrix Consulting Group Page 101 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering SCBA 416411/5/2007 Scba cleanin ,1212812007 12/28/2007 11/5/2007 -53.00 SCBA 41651/25/2008 Chlorine scrubber chemicals, 11/5/2007 11/5/2007 1/25/2008 81.00 Motor, Chlorine Scrubber #1 41661/25/2008 Chlorine scrubber recirculation um #1, 11/5/2007 11/5/2007 1/25/2008 81.00 Motor, Chlorine Scrubber #1 4415 3/6/2008 #2 Evaporator Cylinder, 2118/2008 2/18/2008 3/6/2008 17.00 #2 chlorine eva orator 4426 2/25/2008 Ammonia as ressure reducin valve #2, 212112008 2/21/2008 2/25/2008 4.00 #2 as ressure relief valve 411210/4/2007 #1 Chlorinator gas pressure reducing valve inspection., 5/21 /2007 5/21 /2007 10/4/2007 136.00 #1 Gas ressure reducin valve 4268 3/21/2008 Ins ectl Re lace A/C filters,11112008 1/1/2008 3/21/2008 80.00 Air Conditioner 1174312/10/2007 WINTERIZE WATER PLANT, 1111612007 11/16/2007 12/10/2007 24.00 Robson chlorine Building, 12094 2/8/2008 CHECK LIGHTING, NORTHWEST TANK, 2118/2008 2/18/2008 2/8/2008 -10.00 NORTHWEST TANK LIGHTS 10816 9/18/2007 MP -MCKENNA PARK PACKING, 6/2512007 6/25/2007 9/18/2007 85.00 MCKENNA BOOSTER PUMP #2 1 0366 9/1 8/2007 CHANGE OIL,101312006 10/3/2006 9/18/2007 350.00 MOTOR, MCKENNA BOOSTER PUMP #3 12743 4/17/2008 GREASE BEARING, 311812008 3/18/2008 4/17/2008 30.00 HS 3 Finish water um 12258 4/21/2008 INSPECT, CATHODIC PROTECTION, 4/15/2008 4/15/2008 4/21/2008 6.00 CATHODIC PROTECTION, CLEARWELL TANK #1 119714/8/2008 CHANGE OIL SMALL ENG., 31312008 3/3/2008 4/8/2008 36.00 WP0003 Toro mower 11972 4/8/2008 CHANGE OIL SMALL ENG., 31312008 3/3/2008 4/8/2008 36.00 Generator 11935 2/15/2008 CHECK SURFACEWASH ARMS, 21412008 2/4/2008 2/15/2008 11.00 filter 13 surface wash arms 11795 3/25/2008 CLEAN STARTERS, 11212008 1/2/2008 3/25/2008 83.00 MOTOR STARTER, BACKWASH PUMP 1173212/10/2007 WINTERIZE WATER PLANT, 1111612007 11/16/2007 12/10/2007 24.00 ADMIN BUILDING 11609 2/15/2008 CHECK MOTOR V1B.,11/22/2007 11/22/2007 2/15/2008 85.00 MOTOR, HIGH SERVICE #5 PUMP 11427 2/15/2008 SKIM SURFACE OF FILTER, 1119/2007 11/9/2007 2/15/2008 98.00 Filter 07 Based upon the above work order data, the following pie chart shows the distribution of work orders completed within the respective time frames. Turnaround time on work orders is one measure of operational effectiveness. Matrix Consulting Group Page 102 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Water Production Mainteance % of Work Orders Completed Within Date Scheduled 91+ days 21% The following is noted: • Sampling suggests that approximately one-in-two (55%~ work orders are completed early, on-time, or within thirty days or less of being scheduled. Ideally, best practices suggest that the vast majority of work orders should be completed within 30 days of being scheduled. • Approximately half of all work orders are completed in time frame exceeding thirty days, with nearly one-in-five exceeding a ninety day period. • Based on this workload sampling information, there are either staffing, service level and/or work practice issues that need to be addressed. Although based on current data availability a determination of the probable cause for work order delays is problematic, a further review of the data suggests the following: - A number of "Date Completed" entries are in mid-September, with an inordinate amount catalogued as being completed on 9/18/2007. This suggests that the date entered may not actually be the date of work but the date of work order recording into the computerized system. - There are a handful of entries aged nearly one year, with one entry being nearly three years old. It is unclear if this apparatus failed to receive maintenance during that period or if they are erroneous entries that have been dated inaccurately. Matrix Consulting Group Page 103 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering In addition to the above information, a work order backlog report was provided. This, in fact, is relatively detailed, identifying date due, estimated work time to complete, and other relevant data. According to the backlog report, 1,408 hours and 75 hours of backlogged work needed to be accomplished at the Lake Lewisville and Lake Ray Roberts facilities, respectively. This is close to the hours necessary for one full-time equivalent position for an entire year. Based on the available information, there appears to be important issues related to the adequacy and utilization of the Micro-Main database. By example, according to interview it is estimated that a significant amount of work accomplished by Water Production Maintenance is not captured in the database, including landscape work, and various necessary administrative duties such as parts-chasing. Additionally, the asset listing for the water plants is apparently not complete as approximately 30% of the newer Ray Roberts plant has not yet been entered into the database. These issues will be elaborated upon in the Information Technology chapter. In sum, however, the computerized maintenance management system which is the most accurate method for determining staffing needs is not fully utilized and appears to have important operational issues that require resolution. Given the broad benchmarking information noted previously as well as work order turnaround time and backlog data, the project team recommends the addition of one entry-level technician or mechanic position, dependent upon classification need as identified by Water Utilities. Furthermore, given that this crew also performs landscape maintenance activities, Water Production Maintenance should fund and use the presently vacant seasonal maintenance workers to undertake these kinds of tasks. Matrix Consulting Group Page 104 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Recommendation: Authorize one (1) Manager and seven (7) technicianlmechanic positions in Water Production Maintenance, one position above current authorized levels, at an estimated additional cost of $35,000 annually in salary and benefits. Use the present seasonal maintenance worker positions to provide landscape and other support services, as necessary. (2.3) Similar to Operations, Future Staffing Levels in Maintenance are Contingent Upon Facility or Regulatory Modifications. Developing Accurate Staffing Estimates Requires Improved Use of Existing Systems. As it relates to future staffing needs in Water Production Maintenance, the findings noted in Water Production Operations are applicable herein. Briefly assuming existing maintenance staffing levels are sufficient, all proposed future staffing changes should be inextricably linked to future facility modifications, and approval or denial of these additional positions based upon the benefitlcost case developed by Water Utilities staff. One important caveat to this observation is the assumption existing levels of staff are appropriate. Ideally, staffing levels should be re-visited upon development of a comprehensive database that allows supervisors and managers to specifically identify work performance at the individual employee level. Computerized maintenance management systems should be used in such a fashion to capture this information. As discussed later, upon capturing this data, staffing levels within Water Production Maintenance should be revisited. Recommendation: Link future Water Production Maintenance staffing changes on future plant modifications. Develop future staffing plans resulting from each "major" plant upgradelexpansion. (2.4) Some Additional Work Practices in Water Production Maintenance Should be Re-visited. During the course of the engagement, the following was noted: • Based on interview it appears that Water Production Maintenance is one of the few city-wide organizations that performs landscape duties including mowing. By example, wastewater counterparts accomplish landscape work but do not mow. Matrix Consulting Group Page 105 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering If sufficient time were available to perform all landscape activities, then this would be a reasonable activity; however, based upon workload information noted previously, there appears to be insufficient time to conduct core business maintenance activities. Furthermore, it was noted that no staff are certified in herbicide application to control weeds and that existing landscape maintenance equipment is insufficient to perform at the highest levels of productivity. Given these various observations, the Water Utilities should look to contracting out various landscape maintenance services for Water Production Maintenance, particularly mowing. Although Water Production believes there may be facility security-related issues associated with contractors, the project team does not concur with this opinion; contractors are used in a variety of similar capacities throughout the nation. • Although awarehouse/parts/tools inventory audit is beyond the scope of this report, it was indicated that there are minimal controls in place associated with parts/tools management. In effect, items are readily accessible without specific controls in place to ensure inventories are not reduced through loss, theft, etc. The Department should evaluate its current controls relative to all parts and tools inventory and adopt appropriate controls to avoid unintended loss. Recommendation: Review current practices related to landscape maintenance and partsltools inventory control and make appropriate work practice modifications. (3) Water Production Electric. The following reflect findings and, as appropriate, recommendations for Water Production Electric. (3.1) Water Production Electric Appears to be Providing Appropriate Service Levels and Consequently is Properly Staffed. As noted in the profile chapter, Water Production Electric services both water and wastewater operations, providing electrical and electronic service to all plant and other infrastructure. As a consequence of serving both entities, work information is maintained in both the water's Micro-Main system and wastewater's MP2 system. According to interview, Micro-Main is not tracking various work hours relative to time not associated with specific equipment (e.g. parts chasing or other core business activities) as well as time for corrective maintenance when a work order has not been generated. Matrix Consulting Group Page 106 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering In brief, Micro-Main has been defined as cumbersome. Given the work order lists represented in the Water Production Maintenance section above, the data is indistinguishable between what may be mechanical versus electrical/electronic maintenance, although there only a few entries regarding "electrical" work. Furthermore, MP2 displays data differently than Micro-Main, to be discussed further in the wastewater sections, and also lacks the specific detail necessary to specifically determine employee and crew performance and thus staffing levels. Finally it was indicated that some work is recorded in paper log books, and thus not captured in either computerized system. Benchmarking roles, responsibilities and staffing levels specific to specialized electrical/electronic crews is beyond the scope of this report, particularly given some of the shortcomings of benchmarking efforts noted previously. Given the limited availability of data, anecdotal evidence suggests the following: • According to interview, preventive maintenance backlogs are less than 30-days old. As noted previously, a 30-day or less backlog for the vast majority of work orders is considered a best practice and should be considered noteworthy. • At the time of the study, it was indicated that corrective maintenance work was caught up in both the water and wastewater operations. • According to interview, it was indicated Water Production Electric is appropriately staffed to perform necessary preventive and corrective maintenance in a timely manner. As a result of this information, the project team recommends that Water Production Electrical maintain existing staffing levels over the near term. Recommendation: Continue to authorize one (1~ Manager and seven (7~ electriciansltechnician positions in Water Production Electric. (3.2) As with Other Infrastructure-related Functions, Future Staffing Levels in Electric are Contingent Upon Facility or Regulatory Modifications. Matrix Consulting Group Page 107 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering As it relates to future staffing needs in Water Production Electric, the findings noted for other crew previously are also applicable. Briefly, assuming existing maintenance staffing levels are sufficient, all proposed future staffing changes should be inextricably linked to future facility modifications, such as with future plant upgrades/expansion whereby more electronic equipment will be installed. Approval or denial of these additional positions based upon the benefit/cost case developed by Water Utilities staff. Recommendation: Link future Water Production Electric staffing changes on future plant modifications. Develop future staffing plans resulting from each "major" plant upgradelexpansion. (4) Water Distribution Field Services. The following reflect findings and, as appropriate, recommendations for Water Distribution Field Services. (4.1) Workload Distribution and Service Level Information Indicate Existing Staffing Levels are Appropriate in Water Distribution Field Services. Water Distribution, as described in the profile chapter, is essentially responsible for the maintenance, replacement, and new installation of a variety of water distribution systems including mains, fire hydrants, valves, etc. There is some work-related data available regarding Water Distribution operations; interestingly, however, both Water Distribution and Wastewater Collections uses a third computerized maintenance management system manufactured by City Works. Similar to MP2 and Micro-Main, important information is not readily available relative to the ability to make precise staffing assessments, although there are some additional details in City Works which proves helpful. The following table provides an example of data provided to the project Matrix Consulting Group Page 108 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering team relative to Water Distribution workload. FY 2006-07 Water Distribution Work Order Information by Task JOB No. of Work Orders Labor $ Material $ Equip. $ Total $ Fire Hydrant (FH) Flush 25 $853 $80 $531 $1,464 FH Hit (damage) 15 $3,907 $2,157 $2,781 $8,845 FH Install 32 $23,198 $19,511 $44,644 $87,352 FH Maintenance 629 $38,327 $23,241 $18,641 $80,209 FH Paint 583 $11,767 $7,973 $898 $20,638 FH relocate 4 $4,104 $3,369 $3,846 $11,320 Sewer Main Kill 1 $53 $18 $71 Vehicle Maintenance 4 $224 $106 $330 Valve Locate 2 $82 $54 $136 Valve box Svc 280 $12,130 $8,417 $8,041 $28,587 Valve Exercise 1526 $22,523 $14,273 $68 $36,864 Valve Locate 66 $2,719 $1,874 $170 $4,763 Water asst contractor 449 $18,665 $11,319 $30 $30,014 Waster asst other 41 $6,349 $3,962 $593 $10,904 check leak 191 $13,799 $7,759 $215 $21,773 waterline cut 125 $36,950 $26,068 $9,431 $72,449 Water main break 157 $111,728 $84,675 $51,373 $247,775 Water main exposed 27 $4,130 $2,138 $61 $6,329 fireline tap 12 $10,353 $7,829 $14,091 $32,273 Water main inst 3 $21,932 $20,552 $72,438 $114,923 Water main tap 16 $10,212 $5,695 $19,594 $35,501 Water main replace 10 $161,369 $168,429 $536,274 $866,072 water misc 281 $41,798 $33,347 $3,370 $78,515 water svc rep. 67 $35,779 $28,654 $7,869 $72,301 water tap paved 1 $924 $912 $729 $2,565 water tap unpaved 4 $1,987 $1,212 $1,446 $4,646 locate water/sew 8739 $71,485 $44,044 $115,529 water tap/meter 3 $2,684 $1,870 $1,041 $5,596 water tap/meter2 19 $8,494 $4,661 $6,314 $19,469 water training 24 $2,818 $619 $3,437 water meeting 3 $95 $63 $158 Water truck maint. 13 $2,158 $918 $3,076 Water Truck clean 57 $7,047 $4,428 $11,474 The above information includes metrics showing number of work orders completed by task type as well as total cost. Based on this information, the project team can demonstrate where the major emphasis is placed as it relates to Water Distribution workloads. This is shown in the pie chart below: Matrix Consulting Group Page 109 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Water Distribution Primary Work Effort ($ Expended) Other 26% Fire Hydrant Maintenance - _~ - _---~ ,, 4% --- " ~`~ Fire Hydrant Installation ~ _~ ~ ~~~~ 4% Water Main Installation Water Main Break Repair o ° ° Locate WaterlSewer Line 12 /0 ~UGSA) 6% The following is noted: -~~~ Water Main Replacement 42% ~~- • Approximately 60% of crew efforts and expenditures are dedicated to water main break repairs, installations, and replacements. • One of the most frequent tasks conducted is the location of water and sewer lines (underground service alerts, etc.) representing 6% of work efforts. • Fire hydrant installation and maintenance efforts (excluding painting and flushing represent another 8% of crew efforts. • Approximately one-quarter of crew efforts are dedicated to a variety of other tasks as summarized in the above table. In summary, approximately one-half of Water Distribution resources are dedicated to major construction efforts, largely related to water mains. Nationally, such services are provided by both private contractors as well as in-house staff. Throughout a variety of areas of the United States water distribution crews are dedicated solely to Matrix Consulting Group Page 110 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering repairs and minor construction efforts. Regionally, however, based on the comparative survey, major water construction efforts are largely accomplished in-house. This is demonstrated by the following table replicated from the comparative survey chapter. Water Distribution Work Performed by In-house Crews or Contract Perform distribution Perform line system Perform new break and replacement construction InstalllReplace hydrant in-house? in-house? Perform water new fire repairs in- Factors Factors main taps in- hydrants in- City house? Involved? Involved? house? house? Both are Performed in- Up to 25K feet Performed in- In-house if on performed in- house annual in- house existing line; house house although contract if a > 18" typically new Abilene contracted subdivision. Both are Contracted Contracted Performed in- Contracted performed in- unless in-house unless in- house unless house resources house replacement of available resources existing then available both contract Midland and in-house Both are >12" contracted Contracted Performed in- Contracted performed in- smaller lines house unless house (uncomplicated) replacement of done in-house existing then in- McAllen house Both are In-house and Partnership Performed in- In-house if on performed in- contracted between house existing line; house dependent contractor and partnership if a upon job City new complexity and subdivision. number of customers Tyler served Both are Performed in- In-house Performed in- Performed In- performed in- house unless >20" house house house typically Waco contracted Both are Up to $1 M in- Up to $1 M in- Contracted. In-house if on performed in- house with house with existing line; house higher value higher value contract if a contracted contracted new Wichita Falls subdivision. Beyond the above information, in the absence of other details, such as hours worked by crew, size of crew, work production by individual crew member, etc., it is Matrix Consulting Group Page 111 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering difficult to use existing data in developing staffing needs based on such workload. Oddly, in the five years of data provided to the project team (FY 2004105 thru April FY 2007/08) some reports had total hours expended by task while others did not (e.g. FY 2006/07, the most recent completed year). Such hourly data has some usage as it relates to potential staffing issues and service levels. Consequently, seven months of data from FY 2007/08 were evaluated to determine average time spent on each work order task. Representative time-on-tasks are noted below: Time per Work Order Task -Representative Examples TASK Total Work Orders FY 2006107 Est. Hours Per W.O. Fire Hydrant Maintenance 629 3.2 Fire Hydrant Paint 583 0.7 Exercise valve 1526 0.6 Locate Water/Sewer Line 8739 0.3 The following is noted: • Time dedicated to fire hydrant maintenance appears excessive, although it is unclear if this task category represents preventive maintenance, corrective maintenance or some combination thereof. Afire hydrant can be preventively maintained (e.g., lubricate threads, replace missing caps, operate valves, etc.) in approximately one-half hour; however according to interview, this task category also includes major repairs on fire hydrants that may include use of heavy equipment (e.g. dig-outs. Consequently, the time noted may be valid yet as an average the significant time dedicated to this effort may be due to performance issues, travel time inclusion, or a crew size too large for this task. Typically one person can be assigned Fire Hydrant PM while a larger crew is necessary for major repairs. Further refinement and/or closer scrutiny should be considered relative to the Fire Hydrant Maintenance task as it is unclear if the average time reflects operational issues or potentially lengthy repairs being performed on a number of hydrants. • Conversely, fire hydrant painting at less than a quarter of an hour per hydrant is appropriate. • Valve exercising at 0.6 work hours per valve is reasonably productive. In an average eight hour day approximately 20+ valves should be exercised by a crew of two. The 0.6 hours per crew (work order) equates to approximately 26 valves exercised daily. Matrix Consulting Group Page 112 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • Locating water/sewer lines in approximately one-quarter of an hour is productive. However, each city is different in the accuracy of their field maps and it may be necessary to spend additional time locating lines to prevent costly damage to the infrastructure. In addition to the above, an evaluation of the total hours dedicated to work orders can be compared to total net hours available. As noted previously, staff are available approximately 1,738 hours annually. In the first seven months of FY 2007/08, staff recorded 12,888 hours to work orders. Assuming each staff position works 7/12ths of net hours available, then approximately 12.75 FTEs work dedicated in the time period to work order tasks.~~ Excluding supervisors, sixteen (16) crew positions were deployed during this period. This equates to an estimated 79% productive or "wrench time" of crews when deployed.12 80% wrench time for maintenance activities is considered a very productive benchmark, and thus existing staff should be considered, overall, productive. In conclusion, according to interview, there were no staffing issues raised. Based upon the totality of data presented, it appears the current contingent of Water Distribution staff at two (2) supervisors and sixteen (16) line staff is sufficient. Yet given the significant number of employees in the Water Distribution operation, a sufficient level of authorized staff should be approved above the number of personnel actually required to effectively operate. This "over-hire" philosophy discussed in the Water Operations' section is designed to ensure sufficient staff are actually deployed while accommodating for likely turnover. If financial resources are available, the project team is a proponent of this "over-hire" philosophy. Recommendation: Authorize (2~ Supervisors and seventeen (17) field positions in Water Distribution. Eliminate one (1 ~ vacant Field Services Worker I position. 11 12,888 hours 1(1,738 net hours X 7112 of ayear) =12.71 FTEs 1212.71 / 16 = 79% Matrix Consulting Group Page 113 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Leave the currently vacant seventeenth position as a budgeted "over-hire" position designed to address future turnover. (4.2) Re-visit Crew Deployment Practices. As shown in the profile chapter, crews are deployed in sizes of 1-4 (or greater dependent upon need). Water Utilities may wish to re-evaluate how crews are sized and deployed based upon the various tasks performed. The following table provides recommended crew sizes based on typical jobs. These do not include exceptional circumstances such as very large jobs, jobs requiring extra traffic control, etc. Recommended Crew Size for Various Water Distribution Tasks TASK Units of Service Crew Size Water services -replaced Service 3 Water taps Taps 3 Water services -repaired Service 3 Water main repair Main breaks 3 Water main replace/install Main construct 4 Fire hydrant -repair Hydrants 2 Fire hydrant -replacement Hydrant 2 Fire hydrant -move/relocate/raise Hydrant 2 Fire Hydrant preventive maintenance (includes painting, as needed) Hydrant 1 Valve -repair/replace Valve 3 Air release valve repair Valve 1 Exercise gate valves <10" Valve 1-2 Exercise gate valves > 10" Valve 2 Pressure Reducing Valve Preventive Maintenance Valve 2 Blow Off Valve Preventive Maintenance Valve 2 Commercial Meter Testing Meter 2 Residential meter replacement Meter 1 Meter maintenance & repair Meter 1 Flush dead-ends Dead-ends 1 Clean Water Storage Tanks Person Hours 1 Air Vacuum /Pressure Release Valve Preventive Maintenance Valve 1 Blue Stake Requests/Underground Service Alerts Alerts 1 Leak detection Person Hours 2 Miscellaneous Water Maintenance and Repair Person Hours 1-3 Recommendation: Re-visit Water Distribution crew deployment practices to ensure the appropriate number of staff is deployed thereby avoiding excessive crew sizes. Matrix Consulting Group Page 114 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering (4.3) Similar to Other Infrastructure-related Functions, Future Staffing Levels in Water Distribution are Contingent Upon Infrastructure Growth andlor Aging. As it relates to future staffing needs in Water Distribution, the findings noted for other crews previously are also applicable herein. Briefly assuming existing staffing levels are sufficient, all proposed future staffing changes be linked to future infrastructure growth and approval or denial of these additional positions based upon the benefit/cost case developed by Water Utilities staff. Additionally, in the longer term, if infrastructure is not rehabilitated or replaced in a timely manner aged systems will require more maintenance and thus more staff. These asset management factors must be considered in future staffing projections. Recommendation: Link future Water Distribution staffing changes to infrastructure growth and modifications. Develop future staffing plans resulting from each "major" change in the water distribution system. (5) Water Metering Field Services. The following reflect findings and, as appropriate, recommendations for Water Metering Field Services. (5.1) Workload Distribution and Service Level Information Indicate Staffing Levels are Appropriate in Water Metering Field Services. Water Metering, as described in the profile chapter, is responsible for the numerous activities related to water meters (excluding meter reading) and associated infrastructure as well as the flushing program. Work-related data regarding Water Metering is in another separate database from the MP2, Micro-Main, and City Works systems noted previously-specifically an Access Database. Consistent with prior themes, there is important information lacking that would assist in staffing assessments. Matrix Consulting Group Page 115 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Nevertheless, there is data which can be used to make some prediction. The following table provides an example of all major tasks performed by Water Metering in 2007: Water Metering Task Count - 2007 $ Labor $ % of Total Code Task # Completed Expended AvelTask Dollars B\I BOX INSTALL 104 $ 2,831.28 $ 27.22 1.1% B\~ BOX LIDS 175 $ 1,940.33 $ 11.09 0.8% C\B CLEAN BOX 724 $ 8,845.97 $ 12.22 3.6% C\0 M ETER CHANGE OUT 851 $ 27,761.30 $ 32.62 11.2% CK\LK CHECK LEAK 1532 $ 25,151.10 $ 16.42 10.1 CMP\R COMPOUND REPAIR 22 $ 1,730.68 $ 78.67 0.7% CNP CUT NON PAY 592 $ 7,344.58 $ 12.41 3.0% D\L DATA LOGGER INSTALLATION 0 0 0 0.0% D\W DIRTY WATER 42 $ 850.21 $ 20.24 0.3% ERT NEW ERT INSTALLED 7 $ 120.40 $ 17.20 0.0% HFLS HYDRANT FLUSHING 9 $ 355.85 $ 39.54 0.1 HYD\M POST HYDRANT MAINTENANCE 38 $ 404.54 $ 10.65 ° 0.2/0 LID L LOCK ON LID 50 $ 421.53 $ 8.43 0.2% LOOP NEW METER INSTALL 886 $ 31,312.90 $ 35.34 12.6% M\R METER REMOVAL 62 $ 1,107.08 $ 17.86 0.4% M\T SMALL METER TESTING 0 0 0 0.0% M\T LARGE METERS TESTING 173 $ 30,984.20 $ 179.10 12.5% MISC MISCELLEANEOUS 532 $ 24,878.40 $ 46.76 10.0% N\W NO WATER 1 $ 42.78 $ 42.78 0.0% P\T PRESSURE TEST 101 $ 2,448.37 $ 24.24 1.0% PHI POST HYDRANT INSTALL 9 $ 2,367.60 $ 263.07 1.0% R/ERT REMOTE MTR REPAIR 3 $ 340.75 $ 17.04 0.1 R\B RAISE BOX 0 $ 775.45 $ 21.54 0.3% R\L READ 1LOCATE 796 $ 16,013.60 $ 20.12 6.5% R\MTR RAISE METER 70 $ 1,387.24 $ 19.82 0.6% RECON RECONNECT 312 $ 3,407.76 $ 10.92 1.4% RELOC RELOCATE METER 37 $ 3,946.19 $ 106.65 1.6% RESET RESET M ETER 34 $ 792.35 $ 23.30 0.3% S\R SERVICE REPAIR 84 $ 5,173.77 $ 61.59 2.1 STATN SAMPLE STATION 89 $ 1,293.10 $ 14.53 0.5% T-OFF TURN OFF 1077 $ 12,364.20 $ 11.48 5.0% T-ON TURN ON 1924 $ 20,406.40 $ 10.61 8.2% V VERIFY TOTAL TASKS: 1022 11,358 $ 11,230.10 $ 10.99 4.5% Matrix Consulting Group Page 116 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Although hours of service related to the above work tasks are not available, extrapolations can be made from the labor costs. By example, new installation and replacement of meters is $35.34 and $32.62, respectively, representing approximately 2-2-1 /2 hour charged work. Furthermore, given the discreet nature of some of the activities, there are certain performance baselines the project team has developed related to some of these tasks. The following table reflects examples of these elements. Time per Work Order Task Performance Baselines -Representative Examples TASK Total in 2007 Suggested OutputlDay Rec. Crew Size Crew Days Required Replace 2"and below meter 851 5 2 340.4 Install New Meter 886 4 2 443.0 Large Meter Testing 173 2 2 173.0 TOTAL: 1 910 4 956 , . These tasks represent only 17% of the total tasks performed in 2007 but 36% of the total labor hours expended and therefore, do represent some of the more time consuming tasks. Based on the performance baseline data, it is estimated that approximately 7,650 hours might be required to perform the above listed activities in a staff modeling exercise whereas it is estimated approximately 5,050 hours were taken to perform the listed tasks.13 Based on this analysis, and the review of the average dollars expended per task, it appears the metering crew is productive, performs at high service levels, and is appropriately staff. In conclusion, according to interview, there were no staffing issues raised. 13 956.4 crew days X 8 hours = 7651.2 hours. 36% X 8 staff deployed = 2.9 staff X 1,738 net hours available per year = 5,048.5 Matrix Consulting Group Page 117 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering As it relates to near future staffing, however, it has been indicated that given changes in the water meter replacement cycle, over the next few years such replacements will be minimal as shown in the figure below: 2008-2017 Meter Replacement Forecast 3500 3000 2500 2000 1500 1000 500 0 As a result of this short-term change in workload, there may be opportunities to revise service levels as discussed in the next section. Recommendation: Authorize (1) Supervisor and nine (9) field positions in Water Metering. Temporarily suspend one (1) vacant Water Meter Mechanic I position due to minimal meter replacement work in the next 24 months or, alternately, dedicate the position to more frequent commercial meter testing. (5.2) Consider Dedicating a Staff Position to Commercial Water Meter Testing to Increase Frequency from Semi-Annual to Annual Testing. Historically, commercial meters have proven to be the least accurate due to the tremendous flow they must register compared to residential meters. Because of this, the Matrix Consulting Group Page 118 C2008 C2009 C2010 C2011 C2012 C2013 C2014 C2015 C2016 C2017 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering American Water Works Association (AWWA) recommends that larger, commercial meters be tested and repaired frequently to ensure accuracy. Based on AWWA reports, on average, a typical water utilitywill generate approximately 45% of all meter revenues from 2-5 percent of its total metered services. This small percentage typically is made up of commercial meters in service connections of 3-8 inches in diameter. Commercial water meters are the most critical meters in any water system, and as a consequence should be checked for accuracy, according to best management practices, on an annual basis. Presently, Water Metering tests "large meters" (above 2") on a two-year cycle based upon internal test results that notes inaccuracies registered between testing cycles is minimal. Whereas such a schedule may be satisfactory, given the revenue potential from such large meters, preciseness is critical, particularly given there may be staff time available over the next few years to determine the benefit of such an annual program. The project team recommends that with the reduction in meter replacements forecasted in the next few years, that annual testing of commercially-sized meters be implemented annually. If necessary, the existing vacant position can be filled and one position dedicated to this effort. Upon testing annually over the next few years, it can be determined if yearly testinglre-calibration efforts are a worthwhile effort for continuation. Recommendation: Implement annual commercial meter testing. 5.3~ Similar to Other Infrastructure-related Functions, Future Staffing Levels in Water Metering are Contingent Upon Infrastructure Growth andlorAging. As it relates to future staffing needs in Water Metering, the findings noted for other crews previously are also applicable herein. Matrix Consulting Group Page 119 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Recommendation: Link future Water Metering staffing changes to infrastructure growth and modifications. Develop future staffing plans linked to such growth in residential and commercial water meters. (6) Drainage Field Services. The following reflect findings and, as appropriate, recommendations for Drainage Field Services. (6.1) Workload Distribution and the Provision of Existing Service Levels Indicate Staffing Levels are Appropriate in Drainage Field Services. Drainage Field Services, as described in the profile chapter, is responsible for the storm water systems. Work-related data regarding Drainage is contained in Cartagraph and other databases. Similar to most other systems noted in this report, various cost data by task is reported upon yet detailed information at the crew/personnel level is not readily available to assess specific staffing production and needs. Data provided by Drainage Field Services reflects the total number of dollars expended for labor, equipment and materials, by task. This is information was used to provide the representative chart below: Matrix Consulting Group Page 120 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Drain Field Services Major Labor Tasks (~$25K+ per annum) Clean Bar Ditch I nstal I Storm 6% Drain ~ ^ 13% Other _ ~ - _ _ _, ,: 44% ~~ = ~ NewChannel ,, ~ ~ ~ Construction _~ 16% Street Sweep 15% Repair Storm Drain 6% Drainage Field Services performs dozens of different task types, however nearly 60% of them can be captured in six major functions noted above. As shown, tasks are focused on important preventive maintenance, repair and construction tasks ranging from street sweeping to channel construction. One particular task that has specific performance benchmarks is street sweeping. Dependent upon the street network design and topography, a street sweeper should be able to sweep 20-30 miles per day. Based on FY 2006/07 sweeper data and estimates of net staff availability, it is estimated that sweeper operators sweep approximately 18.5 miles per day14-slightly below the benchmark noted above. In effect, this is representative of a crew that can be considered productive, particularly given these staff can be used in other Drainage 14 1,738 net hours available 1 crew X 2 crewmembers = 3,476 hours or 348 work days. 6,422 miles / 348 work days =18.45 miles per day. Matrix Consulting Group Page 121 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering crews and only two street sweeper vehicle units are available-apparatus which typically require significantvehicle maintenance requiring some work "downtime." Based on the data made available to the project team, Drainage Field Services appears appropriately staffed, particularly given interview suggested that there were no staffing issues within the division. Recommendation: Continue to authorize (1 ~ Supervisor and eleven (11 ~ field positions in Drainage Field Services. (6.2) The City of Denton Does not Perform Street Sweeping Services to the Same Frequency as Many Other National Municipalities. Prior to the significant emphasis of street sweeping as a point source control endeavor, street sweeping services were provided to enhance the ambience of the community environment. Currently street sweeping occurs approximately twice- annually except the far more frequent weekly service provided to the City Square and major thoroughfares. In comparison to many other municipal organizations, this is a low level of service provision. Ideal best management practices suggest street sweeping service levels should be targeted at residential areas receiving once a week service and Downtown areas and other major commercial areas receiving service more frequently. The project team understands that this high service level is no longer typical in most jurisdictions given fiscal constraints despite the fact this service level is desirable to ensure a positive community ambiance. Regardless, this service level best practice represents a significant departure from what is currently experienced in Denton. Furthermore, compared to other recent jurisdictions with which the project team has had experience: • Goodyear, Arizona sweeps all streets on athree-week cycle. Matrix Consulting Group Page 122 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • Barstow, California sweeps commercial areas three times weekly and residential areas weekly. • Street sweeping in the residential areas of Santa Clara, California occurs one day after the garbage collection day, at least bi-weekly. • Spokane, Washington sweeps comparatively infrequently, but targets all streets swept quarterly. • The City of Mountain View, California Streets Division maintains a bi-weekly sweeping schedule of Mountain View's 340 curb miles of streets. • Sunnyvale, California sweeps residential, commercial and industrial streets monthly, arterials with bike lanes twice monthly, and the downtown area is swept three times per week. Although these cities do not achieve the ideal best management practice guideline, it is generally a superior service level to Denton. However, Denton street sweeping services are on par with other municipalities in Texas as demonstrated by the following examples: • McKinney, Texas sweeps arterials and collectors once monthly and residential streets twice annually. • Arlington, Texas performs limited "as-needed" sweeping, none of which is formally scheduled. • Dallas, Texas performs sweeping on major thoroughfares monthly and the Central Business District five-times per year. Other streets, such as residential, are noton a scheduled program. • Carrolton, Texas performs business district sweeping once per month and arterial streets once per month. Interestingly, street sweeping complaints in Denton may be mitigated by the fact that a street sweeping response is provided based upon citizen complaint. Regardless, as a result of these service level data, the City should give additional consideration to adjusting street sweeping frequencies thereby requiring additional staff and vehicular equipment. Matrix Consulting Group Page 123 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Recommendation: The City should evaluate and consider enhancing the level of street sweeping service. If additional service is desired, approve additional equipment operator positions and vehicles based on a production level of 25-30 curb miles swept per operator. (6.3) Similar to Other Infrastructure-related Functions, Future Staffing Levels in Drainage Field Services are Contingent Upon Infrastructure Growth. As the City expands, growth will require additional installation and maintenance of various storm water drainlchannel systems which will lead to expanded infrastructure that Drainage Field Services must maintain. As it relates to future staffing needs in Drainage Field Services, these should be linked to such expanded infrastructure as well as any change in service levels desired, whether it be street sweeping, drainage basin mowing, brush clearance, etc. Recommendation: Link future Drainage Field Services staffing changes to infrastructure growth and modifications. Develop future staffing plans resulting from storm water infrastructure growth and desired service level changes (e.g. street sweeping). (6.4) Interview Suggested the Drainage Fee is Insufficient to Support Future Operations. On more than one occasion it was brought to the project team's attention that the Drainage Fee is not sufficient to support future drainage operations consisting of Drainage Field Services and the Watershed Protection Division. As with other City fees for service, this should be regularly evaluated and re-calculated, and recommendations for change made to the Public Utilities Board and the City Council. Recommendation: Re-visit Drainage Fee charges on a regular basis and make recommendations for potential revision to the Public Utility Board and City Council, as necessary. Ideally, develop an escalating fee schedule with moderate fee increases over a longer planning horizon of five to seven years. (7) Water Utilities AdministrativelTechnical Units. The following information is related to Water Utilities' administrative units. Matrix Consulting Group Page 124 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering (7.1) Water Utilities AdministrativelTechnical Units Performs a Variety of Support Functions. The following reflect Water Utilities administrative and technical units: • Water Technical Support. • Water Production Administration. • Water Distribution Administration. • Water Metering Administration. These units are composed of four superintendents/managers and nine authorized administrative/technical support positions that provide a variety of duties as detailed in the profile chapter. Based upon the project team's review of job descriptions and interviews, all functions performed are necessary and appear appropriately staffed. There are, however, possibilities related to allocations of workload. By example, the Technical Assistant in Drainage is able to provide Work Order support and Cartagraph data manipulation, the half time Assistant Clerk in Water Metering is able to enter work tickets into an Access database, yet the Water Production Electrical Maintenance Manager must enter all his own work order data in both Micro-Main and MP2. In sum, supervisors and managers performing pars-professional or clerical work is a misuse of valuable resources. Workloads should be distributed to the appropriate staff positions which can provide the most effective services. Consequently, the following is offered. (7.2) Seat an Ad-hoc Committee of Supervisory, Line Staff, and Para- professional Support Staff to Help Devise Ways to Re-Engineer or Reallocate Administrative Duties Within Water Utilities. As reflected in the profile chapter, the number of administrative responsibilities performed by Water Utilities is significant. Identifying each administrative task, Matrix Consulting Group Page 125 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering determining if it is value-added, re-engineering the duty if practical and reallocating the duty and responsibility elsewhere is beyond the scope of this report. This undertaking, however, should be afforded high priority. The project team recommends Water Utilities seat an ad-hoc committee made up of various pars-professional, line staff and supervisory members to help determine what administrative tasks are critical and help re-engineer how they are accomplished. This effort should be framed by the following objectives: • Managers should focus the majority of their efforts managing their division, providing budgetary oversight, overseeing their staff, performing special projects, attending various meetings, and ensuring the effective delivery of service through various "POSDCORB efforts.s15 The "push-down" of administrative work to Supervisors should be minimized. • Supervisors should focus the majority of their efforts directly supervising their unique operations and staff in the field. Administrative workload, particularly data entry and clerical tasks, should be minimized. A minimum of 50% of available shift time should be spent in the field overseeing staff. • Line staff should be relieved from as many administrative duties as practical to allow for sufficient time to conduct core business activities in the field. Such focus should allow for 80% of available staff time to be captured in a work order system . • Opportunities should be identified where pars-professional and clerical staff should be dedicated to providing administrative support services to relieve other stafffrom such duties. • Where appropriate, effectively implementing additional technologies to help manage or alleviate administrative tasks. Staffing changes, and/or re-allocation of positions within Water Utilities, including the possible pooling of administrative support staff, may be a potential outcome of such a committee. The intent of this effort is to identify methods for completing administrative 15 POSDCORB is short for: Planning, Organizing, Staffing, Directing, Co-Ordinating, Reporting, and Budgeting. Matrix Consulting Group Page 126 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering work in the most cost-effective and customer-oriented fashion possible with job duties and responsibilities allocated to the appropriate job classifications. Recommendation: Seat an ad-hoc committee of supervisory, line staff, and para- professional support staff to help re-engineer or reallocate administrative duties within Water Utilities. 4. WASTEWATER OPERATIONS. Details regarding the organizational structure, roles and responsibilities of Wastewater Utilities can be found in the profile chapter. In summary, however, the following table notes the various broad responsibilities (by division) and authorized staffing contingent. Wastewater Utilities Operational and Staffing Overview Function Total Staff (authorized) Broad Responsibilities Water Reclamation - 1 Supt.,1 admn. support Oversees Wastewater Administration Operations and special functions. Wastewater Technical Support 1 Mgr, 5 support staff Provides various engineering, surveying and GIS services to both water and wastewater. Water Reclamation -Operations 1 Supv, 6 line staff Oversees treatment operations at Pecan Creek Water Reclamation Plant and other infrastructure. Water Reclamation -Field 1 Supv, 6 line staff Performs mechanical Services maintenance on wastewater plant/asset infrastructure. Collections -Administration 1 Mgr,1 support staff Oversees collection system operations. Collections -Field Services 1 Supv,15 line staff Performs collection system preventive maintenance, repair, upgrade and new installations. Reuse -Administration 1 Mgr, 2 admn. support Oversee Beneficial Reuse operations and marketing. Reuse -Field Services 1 Supv, 4 line staff Performs various services relative to Biosolids management and composting. The following is noted regarding information in the table. • Wastewater Utilities has eight independent work units (divisions). Wastewater Technical Support also dedicates a reasonable amount of effort toward water operations. Matrix Consulting Group Page 127 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • Eight (8~ superintendents, managers and supervisors oversee 40 authorized line and support staff resulting in a supervisor to staffing ratio of approximately 1:5. Although the ratio varies widely by division, this average is slightly below appropriate supervisor to staff guidelines which are generally in the 1:6 to 1:10 range. • Organizationally, Wastewater Utilities appears to, overall, be deployed appropriately. There are, however, some broader organizational issues to be discussed in a following chapter. The following sections discuss staffing, work practices and service levels based upon a review of the various information provided to and collected by the project team. (1) Water Reclamation Operations. The following reflect findings and, as appropriate, recommendations for Water Reclamation Operations. (1.1) Water Reclamation Operations Provides a High Quality of Service. Water Reclamation Operations, as detailed in the profile chapter, is responsible for the effective treatment of wastewater influent in the City of Denton. The effectiveness of a wastewater effluent treatment is demonstrated by continued compliance with and submission of discharge monitoring reports to the United States Environmental Protection Agency (USEPA) and the Texas Commission on Environmental Quality (TCEQ). Most importantly, however, given effluent is ultimately discharged to Lake Lewisville which is a source of drinking water for the City, Water Reclamation Operations is clearly effective at service provision. (1.2) The Number of Water Reclamation Operators Needed is Contingent Upon Various Factors. The City of Denton has determined that it is necessary to staff the Pecan Creek Water Reclamation Plant on a 24-hour/7-day week basis. Although the plant is currently fully automated (except belt presses) various risk assessments performed by Matrix Consulting Group Page 128 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Wastewater Utilities to assure safety and security of the plant and attendant infrastructure result in the opinion that it is important to staff around-the-clock to address potential risks. The project team concurs with this risk assessment. Further, periodic staff assignments are made to the Robson Ranch retirement community 250K gallons- per-day treatment plant to perform fecal sampling and other activities. Given staffing requirements noted, at issue is the number of staff required to operate both plants. Staffing is based on a number of variables that include: • Minimum staffing levels desired at the facilities. • Certification levels of staff. By example, plants require a certain number of staff to carry various certifications (whether class A, B, or C) and Water Reclamation Technician I classifications are not in a position to operate the plant solo. • The work schedule implemented. Water Reclamation Operations currently operates on various 5/8, 4/10 and modified schedules to ensure coverage. • Net employee availability. Staff are paid for 2,080 per annum but after scheduled and unscheduled leave resulting from holidays, sick, vacation time, training, etc., staff are actually available to work less net hours. Data provided indicate that staff are available approximately 1,738 hours annually. Based on scheduling and net employee availability information, the following table reflects the number of staff necessary to fill each 2417 position. Water Reclamation Operations Fixed Post Staff Modeling Number of 2417 fixed- Annual hours required Net hours available Total authorized and post positions desired per employee filled positions necessary 1 Operator 8,760 1,738 5.04 2 Operators 17,520 1,738 10.08 The table demonstrates that the number of fixed post positions desired directly impacts the number of employees required. Presently, Water Reclamation Operations has six (6) line staff of which one position is unable to operate without direct supervision. In effect, this leaves five positions that are capable of operating the plant Matrix Consulting Group Page 129 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering without assistance, and as shown in the table above, this is the minimum number of staff required to have one operator 24/7. Given Wastewater Utilities wants one operator at the Pecan Creek Water Reclamation Plant at all times, current level of staffing restricts the ability to service both Pecan Creek and Robson Ranch effectively. These shortcomings are overcome with modified work schedules, overtime, and the Operations Supervisor filling in, as necessary. The project team believes that the present level of staffing is insufficient to meet identified plant needs without some of the creative methods previously described. As a result, we recommend the authorization of one additional Water Reclamation Technician II position, bringing the total line staff contingent to seven (7) authorized staff. Recommendation: Continue to authorize one (1) Supervisor and add one (1) Water Reclamation Technician II at an estimated cost of $45,000 annually to authorized staffing levels resulting in seven (7) line staff in Water Reclamation Operations. (1.3) Future Staffing Levels in Water Reclamation Operations are Contingent Upon Facility or Regulatory Modifications. In the future Water Reclamation Operations staffing needs will change. Although future population growth in the City of Denton is expected, staffing modifications are only indirectly related to such growth. Although with growth more wastewater influent will be produced, these additional flows do not bring sufficient additional operator workloads until a plant is modified or capacity is added. Furthermore, staffing changes are generally unnecessary unless new regulations dictate additional operator duties and responsibilities. In brief, unless there is dramatic regulatory shifts, operator staffing modifications should be directly linked to plant changes. As part of the planning for any Matrix Consulting Group Page 130 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering plant upgrades/expansions, a staffing plan should be included to capture the true benefits/costs associated with any plant revisions. Accordingly, and assuming recommended operator staffing levels are sufficient, all proposed future staffing changes should be contingent upon future facility modifications, and approval or denial of these additional positions based upon the benefitlcost case developed by Wastewater Utilities staff. Recommendation: Link future Water Reclamation Operations staffing changes on future plant modifications. Develop future staffing plans resulting from each "major" plant upgradelexpansion. (2) Water Reclamation Field Services (Maintenance). The following reflect findings and, as appropriate, recommendations for Water Reclamation Field Services. (2.1) Similar to Some Other Computerized Systems in DWU, Water Reclamation Field Services' MP2 does not Provide Sufficient Management Information that Would Help Evaluate Staffing Levels, Efficiency and Effectiveness. Water Reclamation Field Services, as detailed in the profile chapter, is responsible for wastewater plant and related-infrastructure maintenance and repair. As it relates to this function, maintenance data was provided from the MP2 computerized system yet these data are not sufficient to make important management decisions. Similar to shortcomings noted previously regarding Micro-Main, City Works, Access databases for meter maintenance tracking, etc., there appears to be no performance- based reporting consistently accomplished via MP2 related to important workload outputs that can be used in effective decision-making. Whereas MP2 is a computerized maintenance system that generates the preventive maintenance requirements on an established schedule, the Maintenance Supervisor is charged with running these "PM- Matrix Consulting Group Page 131 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering needed" work-orders, and maintenance personnel provide the recommended PM service to the equipment as a consequence of assigned work, more robust maintenance m~ emenf information is lacking. This includes such reportable information as summarized corrective (CM), preventive (PM), and rehabilitative maintenance work order information linked to various types of output metrics, comprehensive backlog reports showing estimated work hours required by work type, etc. The lack of reporting information relative to the MP2 database (similar to other previously mentioned computerized systems) limits the utility of MP2 as an effective computerized maintenance management system used for management decision-making. Without provided performance data, the project team is not in a position to effectively review workloads and resulting staffing requirements. In the absence of such data, benchmarking information could potentially be evaluated. Yet with regard to Denton's treatment plant, the facility is the most sophisticated of the treatment facilities in our comparative survey as shown in the table below (replicated from a prior chapter) and as a result benchmarking information to determine staffing levels is not practical. Comparative Plant Characteristics -Surveyed Cities City Level of Treatment Type of Disinfection Biosolids Produced Discharge Location Abilene Secondary Chlorine Class B Creek Midland Partial Secondary None Class B Holding Ponds Farmlands McAllen Secondary Chlorine Class B Waterways Tyler Secondary Chlorine Class B Creek Waco Tertiary Chlorine Class B River Wichita Falls Secondary Chlorine Class B River Denton Tertiary Ultraviolet Class A Creek/Lake Based on anecdotal information, existing maintenance staff should be sufficient. By example, one position spends approximately ~/2 time at the Robson plant facility. Of the six authorized line positions, essentially 5.5 are deployed in a maintenance capacity Matrix Consulting Group Page 132 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering at Pecan Creek Water Reclamation Plant. It was identified in multiple interviews that additional maintenance staff would prove valuable at the main plant, a rarity in that most interviews indicated staffing in other organizational units was satisfactory. However, it was also identified there was no backlogged maintenance, with the exception of landscaping, which tends to support sufficientstaffing levels. During the course of this management study a special sludge pump to pump the pressed sludge directly to the compost operation, thereby eliminating the need for one person to haul the sludge, was implemented. This has freed up one maintenance person to spend time on other plant maintenance activities. Further, one maintenance position has been authorized to handle recently accepted septic; this position can also provide maintenance assistance as time is available. Based on a tour provided to the project team of the main treatment plant, although we were unable to identify any mechanical maintenance issues of concern, some plant facilities appeared they could benefit from additional preventive maintenance efforts. This included the UV area which had excessive avian excrement and cob webbing throughout despite the fact the City utilizes an outside contract service to spray for spider control on a six month basis at a cost of $1800 per trip. Such activities could be attended to with the previously mentioned staff augmentations. In summary, based on information available, the project team recommends the continuation of existing authorized staffing levels in Water Reclamation Field Services. Recommendation: Maintain existing authorized line staff levels in Water Reclamation Field Services. Matrix Consulting Group Page 133 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering (2.2) Future Staffing Levels in Water Reclamation Field Services are Contingent Upon Facility or Regulatory Modifications. Water Reclamation Field Services staffing levels will be impacted by the same factors as Water Reclamation Operations. As a consequence, future staffing needs will be based upon plant modifications. Recommendation: Link future Water Reclamation Field Services staffing changes on future plant modifications. Develop future staffing plans resulting from each "major" plant upgradelexpansion. (3) Wastewater Collections Field Services. The following reflect findings and, as appropriate, recommendations for Wastewater Collections Field Services. (3.1) Service Level Information Indicate Existing Staff are Performing Effectively. Wastewater Collections, as described in the profile chapter, is essentially responsible for the maintenance, replacement and new installation of the wastewater collection system. From a service level, Wastewater Collections' results and work practices suggest an effective operation as noted by the following examples: • Sanitary Sewer Overflows (SSOs) are minimal in Denton. The Best Management Practice is from 4-7 SSOs per hundred miles of system per annum. Although Denton had 8.5 in 2007 due to a particularly wet rainy season, the annual average typically falls within best practices guidelines. • Closed-circuit televising of sanitary sewers is performed and condition grades are established using PACP (Pipeline Assessment Certification Program) software. • Smoke testing, dye, TV inspection and flow monitoring are all used to identify sources of inflow and infiltration. • Wastewater collections operations are performing predictive maintenance using the SCRAPS model for identifying sewer lines requiring such maintenance. In summary, based on these representations, Wastewater Collections is operating effectively in the field. Matrix Consulting Group Page 134 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering (3.2) Workload Information Suggests that Wastewater Collections May Benefit from Staff Additions. Both Wastewater Collections and Water Distribution uses City Works to capture workload information. Consequently, there is some work-related data available regarding Collections operations. The following table provides an example of data provided to the project team relative to Wastewater Collections workload. FY 2006-07 Sewer Collection Work Order Information by Task TASK Work Orders Tot. Hours Avg. $ per WIO Avg. Hr. per WIO Air release valve installed 1 18 $ 438.66 18 Air release valve relocate 1 28 $ 1,014.00 28.0 Air release valve repair 2 12 $ 120.00 6.0 CIP sewer main installed 2 695 $ 20,000.00 347.5 CIP sewer main replaced 6 5,688 $ 54,412.00 948.0 cleanout adjustment 30 69 $ 70.00 2.3 cleanout cap replace 40 72 $ 20.00 1.8 cleanout install 7 70 $ 150.00 10.0 cleanout investigation 6 18 $ 38.00 3.0 cleanout kill out 2 7 $ 100.00 3.5 cleanout misc. 8 8 $ 26.00 1.0 cleanout repair 50 125 $ 75.00 2.5 cleanout replace 1 21 $ 700.00 21.0 easement maintenance 130 780 $ 200.00 6.0 force main repair 7 31 $ 1,200.00 4.4 grease inspection 400 860 $ 77.50 2.2 high water (sewer crew) 3 12 $ 150.00 3.9 manhole built 10 560 $ 3,000.00 56.0 manhole investigation 30 78 $ 80.00 2.6 manhole kill 3 72 $ 100.00 24.0 manhole adjustment 85 374 $ 225.00 4.4 manhole assist contractor 1 17 $ 400.00 17.0 manhole break out 3 15 $ 58.00 5.0 manhole cleaned 30 45 $ 40.00 1.5 manhole inspection 100 410 $ 46.00 4.1 manhole locate 13 42 $ 100.00 3.2 manhole repair 50 280 $ 180.00 5.6 manhole replace 5 280 $ 3,000.00 56.0 manhole replace lid & ring 95 860 $ 550.00 9.1 manhole replaced lid 75 145 $ 96.00 1.9 reuse main repair 2 60 $ 600.00 30.0 reuse mainline tap 1 28 $ 2,000.00 28.0 sewer admn. work 25 175 $ 77.00 7.0 Matrix Consulting Group Page 135 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering TASK Work Orders Tot. Hours Avg. $ per WIO Avg. Hr. per WIO sewer assist contractor 10 160 $ 150.00 16.0 sewer basin cleaning 1 4,500 sewer clean creek crossing 43 215 $ 155.00 5.0 sewer help other depts. 210 1,148 $ 221.00 5.5 sewer infiltration inspection 1 12 $ 350.00 12.0 sewer investigate water 31 56 $ 73.00 1.8 sewer investigation 37 240 $ 200.00 6.5 sewer line location 8 58 $ 300.00 7.3 sewer main camera 5 25 $ 150.00 5.0 sewer main choke 200 570 $ 160.00 2.9 sewer main cleaning 30 120 $ 150.00 4.0 sewer main cut by contractor 8 282 $ 1,533.00 35.3 sewer main degrease 50 100 $ 160.00 2.0 sewer main flush 500 650 $ 50.00 1.3 sewer main kill 1 6 $ 190.00 6.0 sewer main kiting 38 880 $ 750.00 23.2 sewer main point repair 40 840 $ 900.00 21.0 sewer main root control 50 250 $ 300.00 5.0 sewer main tap -paved 25 900 $ 1,600.00 36.0 sewer main tap -unpaved 20 440 $ 1,000.00 22.0 sewer miscellaneous 200 600 $ 150.00 3.0 sewer odor 26 48 $ 65.00 1.8 sewer service camera 150 203 $ 49.00 1.4 sewer service choke 580 1,160 $ 94.00 2.0 sewer service extend 1 18 $ 1,100.00 18.0 sewer service flushed 50 58 $ 35.50 1.2 sewer service install cleanout 150 600 $ 300.00 4.0 sewer service killed 1 2 $ 36.00 1.5 sewer service locate 2 12 $ 150.00 6.0 sewer service repaired 25 175 $ 800.00 7.0 sewer service root control 25 32 $ 40.00 1.3 sewer svc curb-to-main replaced 95 1,710 $ 1,500.00 18.0 sewer svc customer problem 450 855 $ 85.00 1.9 sewer svc cut by contractor 30 237 $ 260.00 7.9 sewer water grass 14 56 $ 150.00 4.0 sewer yard reconstruction 6 56 $ 290.00 9.3 smoke testing 4 41 $ 300.00 10.3 The above information reflect workload metrics showing number of work orders completed by task type as well as total cost. Average hours per work order were not provided and were calculated by the project team. Based on this information, the project team can demonstrate where the major emphasis is placed as it relates to Matrix Consulting Group Page 136 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Wastewater Collections workloads. This is shown by the two pie charts below showing total hours dedicated by major task as well as total number of work orders (W/O's) completed by major task: Wastewater Collections Services by # of WIO's (200+) Sewer Choke 18% Other ,~ 41 % '~ ~ ~~~, Sewer Main Flush _-- _ 12% \ ~ ~. ~, - ~ ,'~ ~ , , , ~ ''Customer Service Responses SewerMiscellaneous ~ Grease Inspection 10% 5% Assist Other Departments 9% 5% Matrix Consulting Group Page 137 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering Wastewater Collections Services by Total Hours on WIO's (1,000+) CIP Sewer Main InstalllReplace 22% ~~ Other 47% Assist Other Departments 4% The following is noted: Sewer Basin Cleaning 15% • Sewer chokes (clogs) and Assist Other Departments fall within both pie charts, indicating that a significant amount of time as well as a significant number of individual events is dedicated to responding to these service types. • Approximately one-quarter of all Wastewater Collections time is dedicated to the installation or replacementof sewer mains. • Customer service responses reflect one-in-ten work orders generated. • The preventive maintenance activities grease inspections and sewer main flushes represent approximately 20% of all work orders generated. • Approximately 15% of all crews' time is dedicated to sewer basin cleaning. In summary, Wastewater Collections provides a wide variety of construction, repair, preventive maintenance and service response activities. Beyond the above information, however, in the absence of other work order details such as information Matrix Consulting Group Page 138 Sewer Curb-to-Main Replacement 6% CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering which can specifically demonstrate levels of performance within certain time frames (e.g. number of linear feet of sewer jetted within one day) it is difficult to use existing data in developing staffing needs based on such workload. There were, however, a total number of work hours recorded on all work orders in FY 2006/07. An evaluation of the total hours dedicated to work orders can be compared to total net hours available. As noted previously, staff are available approximately 1,738 hours annually. In FY 2006/07 staff recorded 29,267 hours to work orders. This equates to approximately 16.8 FTEs work dedicated in the time period to work order tasks.16 Excluding supervisors, fifteen (15) crew positions are authorized in Wastewater Collections. Clearly hours expended on work orders exceed the existing authorized crew size; however this can likely be explained bythe following: • Based on data provided approximately 12% of crew time is based on stand-by work (9%) or overtime hours (3%). An additional 12% of 15 authorized staff positions is another 1.8 FTE positions. Summing these two numbers results in the 16.8 FTEs workload hours captured above. • Work order hours are not being recorded precisely. Over-estimating work order times is common inmost maintenance arenas. In summary, based on this work production information, Wastewater Collections should be considered productive. Finally, in conclusion, according to interview, there were no staffing issues raised. Based upon the totality of data presented, there is sufficient work to keep fifteen (15) authorized positions active. However, given the significant number of employees in the Collections Field operation, a sufficient level of authorized staff should be approved above the number of personnel actually required to effectively operate. This 16 29 267 hours 1(1,738 net hours) =16.84 FTEs Matrix Consulting Group Page 139 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering "over-hire" philosophy discussed in the Water Operations' section is designed to ensure sufficient staff are actually deployed while accommodating for likely turnover. By example, at the time of this study, five vacancies were noted in Wastewater Collections. The over-hire philosophy, if adopted should help mitigate understaffing issues. If financial resources are available, the project team is a proponent of this "over-hire" philosophy. Finally, there is insufficient supervision to run a Division of this size. One supervisor overseeing the existing number of staff is a supervisor to staff ratio of 1:15- this is too large a contingent to oversee effectively particularly when considering the equivalent organization in Water Utilities, Water Distribution Field Services, has two supervisors. The project team recommends the authorization and hire of one additional Field Services Supervisor position. Recommendation: Authorize two (2) Supervisor positions, adding one Field Service Supervisor at Approximately $68,000 per annum, and authorize sixteen (16) field staff, adding an additional Field Services Worker I at an estimated cost of $30,000 per annum to Wastewater Collections. Fill fifteen field positions as soon as practical leaving the sixteenth position as a budgeted "over-hire" position designed to address future turnover. (3.3) Similar to Other Infrastructure-related Functions, Future Staffing Levels in Wastewater Collections are Contingent Upon Infrastructure Growth andlor Aging. As it relates to future staffing needs in Wastewater Collections, the findings noted for other crews previously are also applicable herein. Briefly, all proposed future staffing changes be linked to future infrastructure growth and approval or denial of these additional positions based upon the benefit/cost case developed by Wastewater Utilities staff. Additionally, in the longer term, if infrastructure is not rehabilitated or replaced in Matrix Consulting Group Page 140 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering a timely manner aged systems will require more maintenance and thus more staff. These asset management factors must be considered in future staffing projections. Recommendation: Link future Wastewater Collections staffing changes to infrastructure growth and modifications. Develop future staffing plans resulting from each "major" change in the water distribution system. (4) Beneficial Re-Use. The following reflect findings and, as appropriate, recommendations for Beneficial Re-Use. (4.1) Beneficial Re-Use is Cost-Effective and Appropriately Staffed. Beneficial Re-Use, as described in the profile chapter, is essentially responsible for ensuring the specific requirements for biosolids composting are met as outlined by TCEQ regulatory requirements (503) and the EPA regulatory requirements (332). The ultimate goal of the program is to dispose of two waste streams (Biosolids and wood waste) in a cost effective manner by recycling them into saleable materials. Based upon historical costs over the past nine years provided by Beneficial Re-Use, the Division is operating in acost-effective manner through the following operational characteristics: • Dyno Dirt compost sales and green waste tipping fees. • Cost avoidance due to diversion of Biosolids to a compost product instead of paying landfill tipping fees. • Cost avoidance due to landfill space not occupied by Biosolids water stream materials. In sum, based upon sales and cost avoidance opportunities, the net benefit to the City of Denton approximately $200,000 per year. Consequently, Beneficial Re-Use is and efficient and effective operation and should continue current practices. Matrix Consulting Group Page 141 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Recommendation: Maintain existing staffing and operational practices in the Beneficial Re-Use Division. (5) Wastewater Utilities AdministrativelTechnical Units. The following information is related to Wastewater Utilities' administrative units. (5.1) Wastewater Utilities AdministrativelTechnical Units Performs a Variety of Support Functions. The following reflect Wastewater Utilities administrative and technical units: • Wastewater Technical Support. • Water Reclamation Administration. • Collections Administration. • Re-Use Administration. These units are composed of four superintendentslmanagers and nine authorized administrative/technical support positions that provide a variety of duties as detailed in the profile chapter. Based upon the project team's review of job descriptions and interviews, all functions performed are necessary and appear appropriately staffed. However, similar to the recommendations relative to Water Utilities, Wastewater Utilities should also participate in Ad-hoc Committee of supervisory, line staff, and para- professional support staff to help devise ways to re-engineeror reallocate administrative duties within Wastewater Utilities. Indeed, this does not need to be a separate ad-hoc committee, but one composed of representatives from all organizational units in this study, particularly given some positions support both water and wastewater operations. Given over twenty positions are dedicated in water and wastewater to these administrative and technical areas, ensuring streamlined administrative and managerial Matrix Consulting Group Page 142 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering functions through the re-engineering of tasks and re-visitation of necessary duties and responsibilities, should be considered a priority endeavor. Recommendation: Wastewater Utilities, in conjunction with Water Utilities, should seat an ad-hoc committee of supervisory, line staff, and para-professional support staff to help re-engineer or reallocate administrative duties. 5. ENVIRONMENTAL SERVICES. Details regarding the organizational structure, roles and responsibilities of Environmental Services can be found in the profile chapter. In summary, Environmental Services provides several critical functions largely in support of Water and Wastewater Utilities' divisions. These include the Laboratory, Wastewater Pre-treatment, and Watershed Protection. Unlike the prior sections in this chapter which portrayed information on adivision-by-division basis, the following sections provide finding and, as necessary recommendations, regarding all aspects of the Environmental Services Work Group. (1) The Laboratory Operates Effectively, Yet is Having Significant Issues Implementing its Laboratory Information System (LIMS~. The Laboratory, performing mandated water, wastewater and pre-treatment analyses, is currently accredited through the National Environmental Laboratory Accreditation Program (NELAP) which is reflective of the lab's commitment to quality systems to insure the integrity of analytical data. In the last five years, the Laboratory's workload has increased approximately 20% as shown in the graphic below. Matrix Consulting Group Page 143 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Laboratory Testing Outputs - CY 2003-07 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 C2003 C2004 C2005 C2006 C2007 ^ Water Analyses ^ Wastewater Analyses ^ PreTreatment Analyses ^ QA/QC Events Based upon or review of data and interviews, there are no staffing or operational issues of significance with one exception. The Laboratory has been attempting to implement a Laboratory Information Management System from Teledyne for approximately 2-1 /2 years without success. This is an excessive amount of time for such implementation indicative of significant project management issues related to this information technology initiative. Executive management should get directly involved in identifying the impediments to successful resolution and develop a plan for full implementation within the next six months. Recommendation: Maintain existing staffing and service levels in the Laboratory. Identify impediments to LIMS implementation and develop a new project schedule, with appropriate milestones, for full implementation within six months. (2) Wastewater Pre-treatment Operates Effectively. The Wastewater Pre-treatment Division is generally responsible for Industrial and Watershed monitoring and compliance, pollution and complaint investigations, and other Matrix Consulting Group Page 144 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering duties with the objective of protecting water quality in the receiving waters and the quality of beneficial re-use resources. One important representation of the division's effectiveness is the results of the Pre-Treatment Program for Significant Industrial Users (SIU) located in Denton. The following table shows results for calendar 2007. Calendar 2007 -SIU Status Report INDUSTRY CATEGORICAL DETERMINATION PERMIT RENEWED IN? ANNUAL ANNUAL TIMES TIMES INSPECTED SAMPLED Peterbilt Corporation 433 2006 1 7 Victor Equipment Corporation 433 2006 1 7 Denton Regional Medical Center Non-Categorical 2006 1 12 Texas Woman's University Non-Categorical 2007 1 12 Univ. of North Texas Non-Categorical 2007 1 16 Hi-Tech Metals/MayDay Mfg., Inc. 433 2007 1 8 Austin Baker Sales, Inc. Non-Categorical 2006 1 1 Spencer Generation Station 423 2006 1 7 United Copper Industries, Inc. Non-Categorical 2006 1 12 SEMI-ANNUAL COMPLIANCE REPORTING SELF- MONITORING EFFLUENT LIMITS Peterbilt Corporation Compliant Compliant Non-Compliant Victor Equipment Corporation Compliant Compliant Compliant Denton Regional Medical Center n/a n/a Non-Compliant Texas Woman's Universit n/a n/a Significant Non Compliance Univ. of North Texas n/a n/a Significant Non Compliance Hi-Tech Metals/MayDay Mfg., Inc. Compliant Compliant Compliant Austin Baker Sales, Inc. n/a n/a Compliant Spencer Generation Station Compliant Compliant Compliant United Copper Industries, Inc. n/a n/a Non-Compliant Not only important is the performance relative to annual inspections, sampling, etc. but the outcomes associated with both compliance and non-compliance events. In 2007 there were two Significant Non-Compliance Events that were addressed as follows: Matrix Consulting Group Page 145 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / C/P Engineering • Violation: Analysis of wastewater discharged from the University of North Texas (UNT) Chemistry Building (Master's Hall) located at 302 Avenue B resulted in chronic violations and violations of technical review criteria for mercury during the rolling quarter: October 2006 through March 2007. The guidelines for determination of these violations were applied to the analytical results from wastewater samples collected by the City of Denton from the Chemistry Building. Action: UNT has disconnected an acid neutralization pit from the sanitary sewer system. The neutralization pit that had been in use for decades was the source of the residual mercury contamination. UNT is currently preparing for the demolition and removal of the acid neutralization pit from the site. • Violation: Analysis of wastewater quality discharged from Hi-Tech Metals, Inc. resulted in violations of technical review criteria for cadmium during the rolling quarters October 2006 through March 2007 and January 2007 through June 2007. The guidelines for determination of these violations were applied to the analytical results from wastewater samples collected by the City of Denton from sanitary sewer outfall 002. Action: City of Denton was informed on April 5, 2007 by Hi-Tech Metals, Inc. that the acceptable limits were exceeded during Self- Monitoring on March 27, 2007.On April 12, 2007, City of Denton was notified by Hi-Tech Metals, Inc. that the cause of the cadmium excursion was a problem with a valve on the pretreatment system and that repeat samples would be collected April 30-May 2, 2007. Analytical results for the repeat samples were within acceptable limits and remained so throughout the remainder of 2007. Based on the above, the resolution of significant non-compliance events is indicative of an effective wastewater pre-treatment program. Based upon our interviews and review of the available data, there are no staffing or operational issues of significance in the division. Recommendation: Maintain existing staffing and service levels in Wastewater Pre-Treatment. (3) Watershed Protection Operates Effectively. The Watershed Protection Division is composed of approximately 2.5 staff and is generally responsible for compliance with State and Federal Regulations relative to water quality in accordance with National Pollution Discharge Elimination System (NPDES) Storm Water Phase II rules. In effect, the division is responsible for oversight Matrix Consulting Group Page 146 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering of non-point source pollution. As a consequence, the operation is funded entirely through the drainage fee. According to interviews and other provided data, Watershed Protection operates effectively but might benefit from additional resources in the near future. This is discussed further in the following section. (4) Future Staffing Needs in the Environmental Services Work Group will be Directly Linked to Changes in Regulation and Additional City Growth. As the City grows, residentially, commercially and industrially, divisions such as Watershed Protection and Wastewater Pre-treatment will be impacted by such growth due to the increase in managing additional Significant Industrial Users, additional non- point source locales impacting various watershed basins and drainage systems, etc. Furthermore, changes in regulations can also have a dramatic impact on lab, pre- treatment and watershed staffing levels. By example, Denton has recently had to implement new strategies in accordance with National Pollution Discharge Elimination System (NPDES) Storm Water Phase II rules (as opposed to Phase I) to accomplish storm water compliance and source water protection. This included the development of the Watershed Protection Program Plan (WPPP) and creation of a watershed monitoring system designed to increase public knowledge of runoff pollutants and how they affect drinking water. Efforts such as these, driven by regulatory changes, can have an important impact on staffing requirements. Consequently, as it relates to future staffing needs in the Environmental Services Work Groups, these should be linked to growth in the City of Denton as well as changes in the regulatory landscape. Recommendation: Link future Environmental Services Work Group staffing changes to future City growth and regulatory changes. Develop future staffing Matrix Consulting Group Page 147 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering plans resulting from major regulatory initiatives and relevant populationldevelopmentchanges in Denton. 6. UTILITYAND CIP ENGINEERING. Details regarding the organizational structure, roles and responsibilities of Utility and CIP Engineering can be found in the profile chapter. In summary, however, this department is responsible for the preparation, coordination, and management oversight of the City's Capital Improvement Program projects. Unlike Water and Wastewater Utilities sections in this chapter which portrayed information on adivision-by-division basis, the following sections provide findings and, as necessary recommendations, regarding all aspects of the Utility and CIP Engineering Department (hereafter Engineering). (1) Utilities Develops a "Rolling" 5-Year Capital Improvement Program. As stated, Engineering is primarily responsible for ensuring the cost-effective implementation of several aspects of the City's 5-year Capital Improvement Program (CIP). The following pie chart reflects the 5-year CIP proposed from fiscal year 2007-08 to fiscal year 2011-12, representing a budgeted $427.849 million in projects.17 17 This excludes approximately $11.8 million in vehicle replacement funds which are often not included in municipal capital project budgets. Matrix Consulting Group Page 148 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering FY 2007108-2011112 Capital Improvement Program by Service Area Wastewater, $5(~'(1[A AAA A AO/ Solid Waste, $9,349,000 ,2% 1 General Government, 100,18% ic, $111,596,000 , 26% Water, $169,899,000 , 40% As shown by the chart, the estimated 5-year CIP is represented largely by utility services, with over half of the budget dedicated to water and wastewater capital improvements. It is these types of projects for which Engineering provides CIP oversight. More detailed project-related data relative to FY 2007/08 City-wide capital projects is shown in the table below: Matrix Consulting Group Page 149 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering FY 2007108 Capital Improvement Projects ScheduledlBudgeted CIP Category Project Type FY 07108 CIP Budget GENERAL GOVERNMENT Transportation US 377 Widening 2,000,000 Transportation Residential Streets 2,385,000 Transportation Misc. Roadways 225,000 Transportation Sidewalk Installations 220,500 Transportation Intersection Signalizations 290,000 Transportation Downtown -Walnut, Pecan, Austin 925,000 Transportation FM 1830 (design only) 800,000 Building Sr. Center Expansion 1,305,000 Parks Soccer Fields 1,200,000 Parks Denia Park Circulation TraillConnection 174,000 Parks Mack Park Restrooms/Concessions 45,000 Parks Lakes Restroom/Concessions 25,500 Parks Evers Park Baseball Field Imp. 345,000 Parks IOOF Cemetery/Oakwood Fence 180,000 Parks Land Acquisition Parking Fred Moore 90,000 Parks Goldfield Tennis Center 21,000 Parks Prairie/Robertson Rail Trail Bridge 269,000 Parks Tree Bank & Open Space 250,000 Building Public Safety Training Facility 11,100,000 Building Public Safety Radio Antenna 2,500,000 Building City Hall East Renovation 500,000 Building South Branch Library Expansion 550,000 Vehicles Vehicle 2,300,000 Drainage Drainage Projects 7,065,000 Transportation Denton County Transit Authority 1,500,000 UTILITYIENTERPRISE FUNDS Electric Automated Meter Reading 761,982 Electric Building Construction 710,000 Electric Capital Construction Reserve 500,000 Electric Comm. Equipment 1,521,062 Electric Contingency 300,000 Electric Distribution Substations 5,850,112 Electric Distribution Transformers 1,134,332 Electric Feeder Extensions Improvements 5,897,342 Electric Meters 321,795 Electric New Residential & Commercial 3,477,283 Electric Over-to-Under Conversions 364,872 Electric Power Factor Improvement 66,702 Electric Street Lighting 178,932 Electric Transmission Lines 5,762,312 Electric Transmission Sub-stations 6,649,838 Water Booster Station 436,500 Matrix Consulting Group Page 150 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering CIP Category Project Type FY 07108 CIP Budget Water Capital Construction Reserve 250,000 Water Comm. Equipment 35,000 Water Dev. Plan Water Lines 250,000 Water Distribution System Upgrade 8,539,716 Water Elevated Storage 4,900,000 Water Field Services Replacement 1,775,107 Water Miscellaneous 40,000 Water Oversize Lines 200,000 Water Regulatory Disinfection Modifications 26,892,000 Water State Highway Relocations (lines) 5,422,808 Water Taps- Fire Hydrants, Meters 866,657 Wastewater Capital Construction Reserve 250,000 Wastewater Collection System Upgrade 4,939,717 Wastewater Development Plan Sewer Lines 250,000 Wastewater Drainage Improvements 1,370,000 Wastewater Field Services Replacements 506,000 Wastewater Infiltration/Inflow 206,105 Wastewater Miscellaneous 85,000 Wastewater Oversize Lines 200,000 Wastewater Replace Lines 1,082,633 Wastewater State Highway Relocations (lines) 3,109,900 Wastewater Taps 91,565 Wastewater Wastewater Effluent Reuse 25,000 Wastewater Plant Improvements 1,257,500 Solid Waste Commercial Collection 560,000 Solid Waste Disposal/Landfill 2,924,552 Solid Waste Miscellaneous 25,000 Solid Waste Recycling 426,000 Solid Waste Residential Collection 105,000 Whereas Engineering is engaged in the majority of water and wastewater projects above, some of these "capital "items are implemented directly by the operations divisions and have no bearing on the engineering group (e.g. water and waste water taps, fire hydrants and meters, infiltration and inflow). In addition, many others are implemented by administration or DRC engineers through the development process (e.g. water and wastewater economic development plan lines and oversize participation). Engineering services for the Solid Waste and Electric CIP are mostly outsourced and administered by their respective agencies. Furthermore, both Parks Matrix Consulting Group Page 151 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering and Buildings projects are performed by their respective agencies. The above list represents approximately seventy activities18 and $136.8 in budgeted expenses, of which Engineering is involved in just over half of the activities generally related to water, wastewater, drainage and transportation (based on value). It is these activities and the related project duties and responsibilities that represent the bulk of Engineering workload. Effectively managing the CIP is directly linked to staffing requirements, needed work practices, desirable service levels, and overall service costs within Engineering and consequently this management should be considered a vital goal for the Department. (2) Insufficient Detail is Available in the CIP to Effectively Predict Engineering Staffing Needs; However, there are Tools Available to Help Determine Staff Resource Requirements by Project and Overall. As shown in the profile, the City has authorized six Engineers within the City to perform design, project management, and construction management activities. These staff are augmented by both Assistant Directors of Water and Wastewater who manage projects specifically related to the plants which they oversee. These Assistant Directors are both Professional Engineers (PEs) and, although uncommon in many other jurisdictions, are directly involved in such project management activities. In determining necessary staffing levels for engineering services, an evaluation of work charged to projects can be accomplished to identify potential issues; however such data was not available to the project team. There are, however, other guidelines that can be referenced. These include the following. ~$ These are activities as opposed to projects. Some entries, such as "Replace Lines" can reflect more than one project. Matrix Consulting Group Page 152 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Staffing guidelines can be developed based upon data developed by the American Society of Civil Engineers (ASCE) in their publication entitled, Consulting Engineering: A Guide for the Engagement of Engineering Services. The ASCE publication stated that the percentage of construction cost "has been widely used for determining the compensation of consulting engineers on assignments where the principal responsibility is the design of various works, and the preparation of drawings, specifications, and other contract documents as necessary." To that end, the following chart was developed by ASCE to reflect an estimated proportion of construction costs devoted to various services. Matrix Consulting Group Page 153 .~ a .~ W V w a w 3 w y ^~w W ~~ W 0 ~ ~ ~~ ~ ~ ~ ~~ Z ~ W ~ Q ~ ~ ~ ~ V _~ N ._ .`~ .= }I V a ,0 N V ~ ~ N ~ 0 yV ~ ~ - 0 ~ •- ~ v c~ 3 ~ y ,0 ~ ~ 0 V L V 0 ~0 V L ~a }1 .- Z ~ ~ ~ ~ L ~ ~ 0 ~ ~ i 3 ~ 0 ~ N i ~a 0 0 ._ V 0 a W V N a C ~ ~ ~ ~ c ~ ~ = ~ CO ~ ~ N ~ N ~ t0 L ~ ~ ~ ~j~ I ~ ~ ~ ~ ~ O N _ ~ ~ O \ O \ \ ~ O N O \ O \ ~ O d7 ~ ~•~ p O ~ ~ N ~ N p 01 C r . ~ ~ ~ ~ ON ~ ~ ~ ~ CO L ~ ~ Ef} ~ O 00 O ~ ~ N ~ (~ O ~ ~ N Q O C N •~ \ \° \° \ \ \° \° \ 0 d7 Q ~~ O O ~ \ N ~ ~ p r N _ 0 L ~ •O ~ ~ ~ O ~ ~ N \ ~ r ~ O ~ O ~ r o I` C N ~•~ O 0 0 ~ O ~ N O o ~ r > C N .p \ ~ O N o N \ ~ ~ \ O ~ _ ~~ ~ O O O \ ~ \ ~ r ~ O C7 O N ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ 0 00 0 ~ ~ ~ ~ o ~ ~ ~ 0 N ~' V 3 > Q ~ ~ N •~ \ ~ o \ ~ O \ N ~ \ N ~ ~ O \ N ~ \° O o ~ N __ ~~ O Q ~ ~ ~ ~ ~ S ~ O ^ N 0 V a~ ~ r .~ o \ \ ~ ~ 0 N ~ ~ 0 ~ r ~ (~ Ef} - E ~ ~ ~ r (V \ In (~ ~ ~ ~ +~ N Q N N O N •~ \ ~ N \° \° \° \° \ ~ Q Odd ~ O ~ \ N N In (~ ~ I` N ~ ~ \ ~ o ~ ~ •~ O I` r ~ N ~ N ~ 00 c v Q N.~ ~ \ ~ ~ ~ ~ ~ °~ ~ L ~' O~ ~ O O ~ ~ N ~ N ~ ~ N N C 0 ++ O ~ ~ •~ \° ~ \ \ \ o ~ \ \ \° ~ c \ r ~ ~ ~.~ O O W N N ~ ~ p N N ~, N ~ Q O N •~ \ ~ N \° \° \° \° \ ~ Q Odd ~ O ~ ~ N (~ In (~ ~ ~ N v O N .O L C O ~ ~ C N p ~ ~ ~ C O C O ~ C C O N N O a ~= X ~ U ~ 00 ~ (n ~ N ~ U ~ U O ~~ U O U 0 ~ ~ ~+ u .~ c ~• c 0 ~ C C• ~ ~ L NO ~ V ~N ~ N~ *~ U ~ Q ~ ~ ~ ~+r C N Q ~ p N . ~ > ._ N • •N ~ C ~ C N C ~ ~ 'p ~ +~+ ~, ~ pO JU OO UU ~U ~(n NN O~ N ~ N~ ~Q O~ Uf~ O U ~ O U~ a O H 0 .~ 0 V ,~ CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering The following points should be noted concerning this cost of construction guideline. These guidelines have been developed to fit the different types of construction jobs such as street construction, street reconstruction, wastewater, and water. Two different levels of complexity are noted: average and above average. An above average level of complexity should be based upon the need to deal with other agencies, such as a state Department of Transportation, the design complexities of the project, or problems with planning and construction. Estimates are provided for projects in the $250K range (to one million) and projects over $1 M in construction costs. Projects less than $250K can be difficult to estimate given their small size (and potential disproportionate resources necessary to design/inspect). Additionally excessively large projects exceeding the tens-of-million dollar range are also difficult to estimate. These guidelines were developed to estimate the costs involved in the different types of work activities in each capital project. These include planning and scoping, design development, design survey, design administration, construction survey, construction inspection, construction management, and project closure. The guidelines are expressed as a percentage of construction (e.g., the cost of staffing as a percentage of construction costs. To determine the estimated number of staff hours required for a work activity, multiply the construction costs by the percentage for that activity, then, divide the resultant by the fully loaded hourly costs, including all multipliers, of the engineering/inspection positions involved.19 Ideally, use of the hourly cost for a consulting engineer/inspection position has opposed to fully loaded hourly rates) will level the playing field and ensure that the City's staff are as productive and held as accountable as consulting engineers. It should be noted, however, that given additional "bureaucratic" tasks undertaken by municipal engineers, the use of privatized hourly rates (which include a profit margin) instead of fully-loaded hourly rates can be viewed as controversial. Thus, calculations for both privatized and fully loaded rates could be shown. In addition to the ASCE matrix a more recent study performed in January 2008 by the Association of Professional Engineers and Geoscientists of the Province of 19 Example: $1 M construction costs on an average water project. 0.5% Scope and Planning; 0.5% Design Survey; 1.5% Design Administration; 8% Construction Management, Survey and Inspection; 0.1% project closure =10.6% _ $106,000 / $125 avg. loaded rate = 848 hours dedicated to these duties. Matrix Consulting Group Page 155 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering Manitoba (Canada and the Consulting Engineers of Manitoba, Inc. developed a readily available guidewith the following major characteristics.20 • A percentage of the costs involved for the entire project (as opposed to constructions are developed for discreet functions. These percentages are influenced by the complexity of the project categorized in three possible areas: Basic, Complex I and Complex II. • The discreet functions represent the suite of design services and contract administration services that are provided. • Dependent upon project cost and complexity, costs associated with the design and contract administration services can run 6-14% of total project costs for smaller projects (~$500K to $5M) to 2-1/2% to 10% for larger projects (~$25M). Because the project team does not have details relative to individual project costs nor construction costs associated with the CIP information, staffing estimates cannot be readily developed. However, the tools noted herein can be used to provide staffing estimates in the future for Utility and CIP Engineering. Recommendation: Use the American Society of Civil Engineers and Association of Professional Engineers and Geoscientists workload guidelines to develop engineering and inspection staffing estimates for various CIP projects. (3) Improve Engineering Service Delivery Through the Implementation of Additional Project Management Techniques. During the course of the study accolades were provided relative to the high quality of work generally produced by Engineering; at issue were the various intermediate steps (or lack thereof) perFormed from project initiation to project completion and the time involved to reach the construction phase. A re-visitation of the Best Management Practices chapter indicates various project management steps can be taken to enhance overall Engineering operations and customer service delivery. In summary, this includes adoption of various project management techniques. 20 http:llwww.cemanitoba.comlPDFlGuideJanuary2008.pdf Matrix Consulting Group Page 156 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering Project management is defined by the Project Management Institute as, "the application of knowledge, skills, tools, and techniques to a broad range of activities in order to meet the requirements of a particular project. Project management is comprised of five processes-Initiating, Planning, Executing, Controlling, and Closing - as well as nine knowledge areas. These nine areas center on management expertise in Project Integration, Project Scope, Project Time, Project Cost, Project Quality, Project Human Resources, Project Communications, Project Risk Management and Project Procurement." These project management elements are abstracted from the Project Management Body of Knowledge (PMBOK) standards sponsored by the Project Management Institute (PMI)-the preeminent organization for project management best practices. Based upon the overarching philosophy of these techniques, the project team has identified several project management principles that should be applied to capital improvement projects. Engineering currently embraces, to varying degrees, a number of these principles. These reflect the following eight areas that comprise the core project management process: • Preparation of a project budget; • Definition of the project, including its scope, staff resources required, project costs, and project priority; • Establishment of plans and schedules for each capital improvement project to determine what tasks are to be performed internally and by private contractors, as well as the start, end and milestone dates; • Monitoring and regularly reporting the progress against each element of the schedule for each project; • Maintenance of the financial control systems necessary to ensure timely reports on current expenditures of funds foreach line item of the project; Matrix Consulting Group Page 157 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering • Development of a system to alert top management to cost, schedule, legal and other difficulties, and unusual circumstances encountered during the course of the project; • Management of the staff and consulting resources involved in the project in order to adjust to changes in priorities and project mixes as well as to enable completion of the project on schedule and within budget; and • Management and coordination of the interfaces needed to complete the project. As noted in the introduction to this section, despite the relatively unquestionable quality of Engineering end-products, at issue were the Engineering "customers"' perspective that the various intermediate steps (or lack thereof) performed from project initiation to project completion, as well as the time involved to reach the construction phase, had opportunities for improvement. Further, given the Capital Improvement Plan has no centralized oversight authority for all City-wide capital projects, effective engineering project management, throughout the City, is critically important. To that end, the following steps are offered. (3.1) Major Initiatives should be Performed in Managing the Annual and 5-year Capital Improvement Program. The following major initiatives should be undertaken in the development and management of the CIP. • Planning and Organizing the Capital Improvement Program. Planning of the capital projects identified in the CIP is essential to the development of a workable approach to completing these projects on schedule and within budget. Key development requirements for management of the process include the definition of each capital improvement project through the completion of a design authorization form (discussed subsequently); the preparation of a detailed two- year schedule for the project in question (using Microsoft Project or similar software; the projection of staffing requirements to handle major planned and priority projects; and the "leveling" of these staffing requirements to assure the work does not exceed staff capacity. The client departments would continue to Matrix Consulting Group Page 158 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering be responsible for preparation of long-term facility master plans such as water/wastewater facility master plans. • Project Monitoring and Reporting. Engineering's assigned project managers should be required to assess and report the financial and scheduling status of each project on, at minimum, a quarterly basis and ideally a monthly basis. The project manager should be able to report meaningful information in these status reports. Variances from the planned budget and schedule should be reported via this report as well. • Management of Capital Improvement Program Resources. Management of resources proceeds directly out of the variances identified in the monitoring and reporting phase, and the project manager is concerned with correcting these variances. Key system requirements include defining within a notification report the steps that need to be taken to restore projects back to schedule, and alerting top management when projects will not be completed on schedule. In light of the above, staff that are tasked with performing CIP project management duties and that are assigned as project managers (including those staff assigned to any design of projects) should be held accountable for the effectiveness of the project management of capital projects to which they have been assigned. Further, they should be held accountable for monitoring the planned versus actual schedule and budget for their assigned projects, including: • Implementing initiatives to accomplish Capital Improvement Program projects on schedule and within budget; • Assuring that all project plans and schedules are defined as part of the planning and scoping of a capital project prior to commencement of design; • Monitoring and reporting progress and problems in meeting capital project plans and schedules; and • Managing and coordinating interfaces between various staff of Engineering and other departments in the City including the client department. The project manager, from the beginning of the project to its final conclusion, should participate in the fulfillment of the responsibilities listed above. This is a concept of "cradle to grave" project management. According to the PMBOK Guide, a project Matrix Consulting Group Page 159 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering manager is "the individual (emphasis added responsible for managing a project." Consequently, best practices suggest that one individual should be assigned the role of project manager in all projects, and that individual should be fully engaged in the project from beginning to end, and held accountable for the project's completion on time, within budget, and at the expected performance level. Because the infrastructure needs of the City are significant, the sophistication of the management of capital projects used to address those needs should be adjusted accordingly. (3.2) A Summarized Twenty-Four Month Bar Chart Schedule Should Be Prepared For All Capital Projects. This schedule should portray start and finish dates for each capital project by simple activity descriptions for design, bid package preparation, advertise/award, right- of-way acquisition, environmental impact evaluation, and construction. This schedule should be prepared for all capital projects that will be assigned to Engineering, or any other oversight organization in the City involved in such capital project management, during the next twenty-four months based upon the five-year capital improvement program. (3.3) A Design Authorization Form Should Be Completed Before Commencement of Design. Design of a project should not be initiated until the resources required (staff hours and construction funding) for completing the project have been identified using a design authorization form. The design authorization form should include the components enumerated below. • The project title including the phase of the project, if relevant. Matrix Consulting Group Page 160 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • A general project description including a narrative summary description of the project, specific physical improvements included, the location of the project, and the relationship to master plans. • The capital project identification number. • The financing and the cost including the source of funds, and the appropriation status. • A budget covering the project management or design staffing, survey staffing, construction inspection staffing, appropriate consultants, property acquisition, utility relocation, etc., by major expenditure component. • The responsibility for completing the various components of the capital project including the following: - Design by in-house staffor by consulting engineer; - Construction inspection by in-house staff or by consulting engineer; - Design survey and construction staking by in-house staff or consulting engineer; - Environmental evaluation required; - Right-of-way acquisition required and, if so, the number of parcels and their locations and assessor parcel numbers; - Utility relocations that need to be relocated, problems with relocation and timing issues; and - Other key responsibilities that need to be assigned andlor accomplished. • The preliminary schedule for completing the design and construction of the capital project including the schedule for design, bid package preparation, advertise/award, right-of-way acquisition, environmental impact reports, and construction and including the dates of important events such as approval of the award of construction contract by the City Council; • Staffing levels required throughout the design and construction phase, including the estimated staffing required in terms of person hours required for design and construction inspection utilizing the aforementioned guidelines; • Design considerations or issues related to the capital project such as complexities of the design; and Matrix Consulting Group Page 161 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • Community relation and public information requirements including public hearings or meetings and how the public will be informed and involved in the preliminary design and informed about the progress of the design and construction. (3.4) ASCE and Other Guidelines Should Be Utilized to Document Project Resource Requirements for the Design and Inspection of Capital Improvement Projects. The City Engineer and the assigned project managers should determine the staffing requirements for each project in terms of person hours required for design and construction inspection utilizing the cost of construction or other similar guidelines noted previously. The City Engineer should interface with major service recipients, such as the Assistant Directors of Water and Wastewater, in developing such guidelines for projects involving their service areas. The guidelines should not be "blindly" utilized as they will need to be adjusted to the local circumstances. These guidelines do, however, provide a method for allocating limited resources to various scheduled projects and can ultimately determine if additional in-house or contracted resources are necessary andlor project delays required. (3.5) Prepare a Periodic Capital Project Status Report. Engineering should prepare a periodic narrative2~ statement regarding each capital project no later than the fifth working day of the month. Best practices suggest client agencies that are receptive to such information should receive this information on a monthly basis although quarterly reporting is acceptable. The following information should be included in this status report. • Capital project number (based upon the number assigned in the six year capital improvement program; 21 Although the project team recommends monthly, some organizations believe quarterly reporting is satisfactory. Matrix Consulting Group Page 162 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • The capital project name; • The project manager or construction inspector assigned to the project (or the consulting engineer; • A comparison of actual project costs to date versus planned including - Design budget; - Design expenditures to date separately identifying staff expenditures from consulting expenditures; - Construction management expenditures to date separately identifying contract administration, construction inspection, and consulting engineering expenses; - Construction cost as budgeted; and - Current construction cost as estimated by the project manager responsible for construction management. • A comparison of actual project schedule to date versus planned including: - The date the design was scheduled to begin and actually begun; - The date the design was scheduled to finish and actually finished; - The date the City Council was scheduled to award a contract for the construction versus the actual (or new estimated date); - The date the construction was scheduled to begin and actually begun; and - The date the construction was scheduled to finish and actually finished. - The current status of the capital project containing explanations such as 30% design complete. These should be simple reports to avoid lengthy preparation time as well as significant review time on the part of the client department. Engineering, as practical, should publish these reports monthly, on-line on the Intra- or Internet. Matrix Consulting Group Page 163 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering (3.6) A Final Report Should Be Prepared on Completion of a Capital Project. Without a formal analysis and distribution for review, the mistakes and weaknesses of one project will almost certainly be repeated on other projects. The final report should focus on analyzing the good and bad aspects of the completed project, transmitting that information to the staff of Engineering and client departments, and providing a convenient summary of the project. Indeed, such major project de-briefing is an appropriate professional philosophy that should be strategically implemented, as practical, throughout the City regardless of the profession.22 At the completion of the project, the project manager assigned to the project should complete a final report including: • Project name, project number, and a description of the project. Construction costs -planned versus actual with an identification of all of the change orders and the reasons for those change orders; • The staff hours allocated to the project -planned versus actual; • The schedule for completion of the project -planned versus actual including whether drawings, specifications, schedules, and cost estimates were prepared consistently according to schedule; • The design costs forthe project- planned and actual including cost per sheet; • Construction management costs -planned versus actual; • Whether as-built plans have been completed; • Whether the project at completion met the value expectations of the client including a customer satisfaction survey completed by the client that identifies such issues as construction cost versus value, responsiveness to the client, ease of maintenance, usability, and the like; and • Comments and discussion regarding the project as necessary including unusual conditions encountered during the project such as contractor deficiency, quantity difference, scope change, etc. 22 By example this approach could betaken with Information Technology projects, major law enforcement community policing initiatives, etc. Matrix Consulting Group Page 164 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering This report should be circulated to the other project managers, the Engineer, the ACM, and the client department. After distribution of this status report, it should be the basis of a de-briefing meeting with the client department to discuss "lessons learned." (3.7) A Design Report Should Be Completed When the Design Is No More Than 10% Complete. The project manager assigned to the capital project should be responsible for preparing a design report (project evaluation and alternatives study). If a consulting engineer is completing the design of the project, then the consulting engineer would prepare this design report. This should be completed for significant and complicated capital projects, and not routine projects such as small parks projects or street resurfacing. The design report should be prepared when the design is not more than 10% complete. The purpose of the design report is to serve as a preliminary design review to enable the project managerto review and approve the proposed design approach. More specifically, the design report should: • Briefly identify the capital project and describe the project. • Provide a background to the project including project history, whether the project has any outside support or opposition, and whether any commitments regarding the project have been made. • Define the problem the capital project is intended to solve and the alternatives considered that could possibly solve all ora portion of the problem. • Outline the detailed scope of the project and the reasoning behind the selection of the alternative utilized for the design and other engineering decisions. • Outline in detail the design criteria used for the capital project and the rationale for those criteria. Matrix Consulting Group Page 165 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • Set forth the detailed construction costs for the capital project based upon a detailed review of expected problems and the completion of 10% design, and the sources of funding. Upon completion of the design report, the project manager assigned to the project should schedule a preliminary design review meeting. The project manager, City Engineer, and client department representative(s) should attend this meeting. At this meeting, the project manager assigned to the project should briefly review the project, the alternatives considered, the selected alternative and why this alternative was selected, the design and construction cost estimate, special problems not resolved, the project schedule, and the staffing requirements (or consulting engineer) needed to complete the design and construction management. (3.8) A Rating System Should Be Developed and Utilized to Evaluate the Performance of Each Consulting Engineer Utilized on City Construction Projects. Engineering should develop a formal evaluation mechanism that rates each consulting engineer's performance as part of the close-out of each construction project. The consulting engineer's performance should be evaluated on factors such as: • Ability to complete the project on schedule; • Ability to complete the projectwithin the established budget; • Whether as-built documentation is provided and is accurate and thorough; • Timeliness of communications to staff, including periodic status reports and early identification of potential issues that would impact the projects completion on time orwithin budget; • Ability of engineer of record to perform the assigned duties within the budget agreed upon for professional services fees; and • Quality of documentation provided on projects. Matrix Consulting Group Page 166 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering A simple rating scale should be applied to each factor rated, such as exceeded expectations, met expectations, and below expectations. An overall rating should be applied and any consulting engineer's performance that receives an overall rating of below expectations should be addressed. (3.9) A Rating System Should Be Developed and Utilized to Evaluate the Performance of Engineering on City Construction Projects. Similar to the above, a rating for in-house Engineering staff should be developed as a tool for accolades and future improvement opportunities. (3.10) Upon Developing and Implementing Various Project Management Practices, Re-Consider Engineering Staffing Levels in Light of Future CIP Projects and More Detailed Administrative Requirements. Implementing advanced project management techniques will require additional administrative time. However, beyond the benefits previously noted, tools will be in place to specifically identify additional staff resource needs. As a result, upon adoption of these practices, a staffing assessment should be performed for Engineering. Recommendation: Implement the variety of Project Management practices identified in this report and, upon such implementation, perform a new staffing assessment for Engineering. (4) Re-Visit and Re-Calculate the Labor Multiplier for Engineering Project- based and General Services Tasks. During our interview process the issue of Engineering's labor multipliers was brought up on several occasions. Concern was raised not only about the multipliers involved for both project-based and general engineering services, but the methodology by which they were developed. In effect, questions and concerns surround these internal billing rates. Given this, the project team recommends that these labor multipliers be re-visited and re-calculated, and this effort accomplished such that they Matrix Consulting Group Page 167 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering can be understood and replicated by customer departments being served by Engineering. Recommendation: Re-Visit and re-calculate the internal Engineering "billing rate" composed of a labor multiplier for both Engineering's Project-based and General Services tasks. Matrix Consulting Group Page 168 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering 6. ORGANIZATIONAL STRUCTURE REVIEW This chapter of the study provides our organizational structure review associated with Water, Wastewater, and Utility and CIP Engineering. Information contained herein reflects our analyses of provided data and interview feedback. 1. ORGANIZATIONAL STRUCTURES ARE IMPACTED BY NUMEROUS VARIABLES. Comparisons with other agencies are interesting and can be used as a framework for understanding organizational needs; however, each agency usually has unique issues which must be considered when developing an appropriate organizational structure. According to Taylor, Fayol, Weber and other classical theorists, there is a single best way for an organization to be structured. Yet most modern theorists believe that there is no one best way to organize and subscribe to the Contingency Theory of organizations. That is, what is important is that there be a fit between the organization's structure, its size, its technology, and the requirements of its environment. Stated otherwise, the intent of a plan of organization is to establish a clear distinction between the primary functional areas of an organization and then to foster staffing and accountability around a comprehensive sense of purpose for each function. Beyond these broad theoretical statements, in sum, if there was one "correct" template for an organizational structure, many organizations would look identical in the way they were staffed and deployed; organizations develop their structures around unique needs. Given this, modifying existing organizational structures should be pursued with caution as there are numerous and viable reasons why organizations have evolved into their present state. Matrix Consulting Group Page 169 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering 2. THERE ARE A FEW ORGANIZATIONAL CHANGE OPPORTUNTIES. When evaluating organizational structure, the purpose is to address some fundamental questions regarding lines of authority, responsibility and accountability. To that end the following questions are posed regarding an organization. • Is the organization structure too "tiered" or too "flat" from the management staffing perspective? • Are functions placed too high or too low in regard to their importance in meeting operating and service objectives? • Are spans of control too broad or too limited? • Does the current plan of management and administrative organization provide for adequate communication and coordination between and among operating units? • Are there any overlapping or duplicated functions? • Does the plan of organization provide clear lines of authority and responsibility? • Are management and supervisory personnel spending the majority of their time on high priority work and performance responsibilities? Based upon these questions, the following sections offer the project team's perspective on the existing organizational structure. (1) The Span of Control for the Director is Too Broad. Given the numerous overarching duties and responsibilities of the Water Utilities (water and wastewater) Director, the current span of control is too broad, with nine direct reports presently subordinate to the Director. This number of direct reports nears the maximum of the number of staff that can be adequately managed and supervised by a position dedicated to personnel oversight. At the Director level this level of supervision might be onerous. These positions range from pars-professional staff to Assistant Directors and, based on job descriptions and responsibilities, may not be Matrix Consulting Group Page 170 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering organizationally deployed in the most appropriate fashion. The project team offers the following organizational alternative. • Transfer the Water Utilities Coordinator performing functions for both wastewater and water and place under one of the functional units reporting to the Environmental Quality Manager. Alternately, this position could remain a direct report to the Manager. • Transfer the Beneficial Reuse Manager, managing Biosolids and green waste and place underthe Assistant Director- Wastewater. These transfers will narrow the span of control for the Director while maintaining appropriate supervision and functional cohesion. (2) Drainage and Watershed Protection have Common Goals and Funding, and Therefore should be Centralized Under One Organizational Unit. Both Drainage operations and Watershed Protection have common goals; indeed both are directly funded by the Drainage Fee. As a consequence the following organizational alternative is offered. • The Drainage Manager and Drainage should be placed under the Environmental Quality Manager to directly coordinate with Watershed Protection. • The Drainage Manager's pay grade is three series below the Environmental Quality Manager (WW16M versus WW19M) and thus there should be no supervisory or salary compression issues. The Environmental Quality Manager is equivalent to the Streets and Drainage Superintendent position. • Given Streets and Traffic is outside the scope of this project, it is unclear why the Superintendent overseeing Streets, Traffic, and (now rectified Drainage reports to the Assistant Director -Water. This should be addressed. These transfers will narrow the span of control for the Assistant Director while maintaining appropriate supervision and functional cohesion among like units. Matrix Consulting Group Page 171 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering (3) Consider Organizing Water Production Operations and Water Production Maintenance Supervision Around Facilities as Opposed to Functionalities. In interviews with supervision, the benefits and disadvantages of organizing supervision around the Lake Ray Roberts and Lake Lewisville water production sites was discussed. Based on our interviews, as well as observations of the potential benefits of direct supervision associated with oversight of crews located at one facility, consideration should be given to having one manager overseeing operations and mechanical maintenance at Lake Ray Roberts and one manager overseeing operations and mechanical maintenance at Lake Lewisville. Crews would continue to be cross- trained to operate at both plants within their operations or maintenance assignments, but would be assigned to either plant/manager for a specific tour (e.g. annual or two- year). This revised organizational structure would place accountability for the O&M of a plant under a manager who would essentially be responsible for a facility as opposed to a craft. Such accountability benefits would be significant. Further, managers could be regularly located with their crews at the plant site as opposed to overseeing staff at two different locations. The project team believes such facility-centric re-organization would mitigate any short-term desired needs on the part of Water Production for a supervisory operator position at both plants; such oversight could be accomplished by the assigned managers and existing lead staff. The Electrical Maintenance Manager, given his crew provides services to all water and wastewater plants and associated infrastructure would continue to be supervised by the Water Production Superintendent. Matrix Consulting Group Page 172 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering (4) Re-Organizing Utility and CIP Engineering in the Short-term Would not be Beneficial. There has been a long history of re-organizing and re-locating Engineering since the early 1990's. A number of moves have been made relative to Engineering being an independent department or part of a larger organizational group, to who Engineering reports to, and the like. Based on interviews, this repeated re-organization has created some consternation due to the upheaval created by unpredictable, yet apparently regular, organizational change. According to the comparative survey discussed in a prior chapter, engineering services and utility services are most often separate entities with engineering generally falling within a public works agency. Interestingly, the City does not have what is typically defined as a Public Works Department composed of such functional units as streets, curbs, gutters, sidewalks; traffic; parks; fleet maintenance; road sign & signal maintenance; etc. Regardless, as noted previously, more than 50% of the work accomplished by Engineering is on behalf of Water and Wastewater, and consequently from the standpoint of being organizationally aligned with the primary Engineering customers, Denton accomplishes this by placing Engineering under the Water and Wastewater Director. As noted in the introduction to this chapter, there is no "right" organizational structure. By example, during the course of this study development review and inspection services were transferred from Engineering to the Assistant Director of Wastewater, ostensibly with the intent to provide better organizational continuity, or as stated in an internal City report, "to provide enhanced development engineering review and inspection services under one agency...(that) ensures complete oversight of a Matrix Consulting Group Page 173 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering development project and to provide a seamless transition from project review to project construction." Given history, further modifying the organizational structure and reporting relationships of Engineering at the present time does not appear productive. However, in the future, the project team suggests consideration be given to an even broader organizational modification. Although outside the scope of the report, the project team was intrigued by some of the broader organizational structures throughout Denton city government. In the future if the City wishes to consider broader organizational change, the project team believes that consideration should be given to developing a Public Works and Engineering Department. Under such a structure, the current Engineering Director would either be the lead of the new organization or an Assistant Director reporting to the Public Works Director (who, ideally, would be a PE). The composition of a Public Works Department can vary, but typically it includes a variety of infrastructure and maintenance functions including streets, traffic signal/signage, fleet, facilities, and the like. Until such consideration, Engineering should continue to be functionally placed with Water and Wastewater Utilities. Recommendation: Consider the organizational structure and reporting relationship refinements discussed in this chapter. 3. LONG TERM ORGANIZATIONAL CHANGES ARE PREDICATED ON A NUMBER OF VARIABLES. As stated throughout this report, the City should link future DWU staffing changes to future City growth and regulatory changes, developing future staffing plans resulting from major regulatory initiatives and relevant population/development changes in Denton. While this framework provides broad guidelines for future staffing modifications, there is a desire on the part of the City to understand the magnitude of Matrix Consulting Group Page 174 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering potential staffing changes in the foreseeable future, particular given the expected doubling in size of the population by approximately 2025. The project team readily admits there is no magic formula for predicting utility staffing changes based on long-term population growth. There are innumerable variables that can impact staffing changes in a utility operation to include, but not be limited to: • Is City growth related largely to geographic expansion, requiring the addition of miles of wastewater collections and transmission lines, or largely the consequence of infill thereby comparatively minimizing some infrastructure expansion? According to the 1999-2020 Comprehensive Plan, "With only forty percent of the land area developed within the current city limits, significant tracts of land within the core area of the city and at its periphery are not developed. These areas will probably be developed within the time frame of the population forecast. In addition, areas outside the current city limits will be annexed into the city and developed, primarily for residential uses." By 2020, square mileage in the city limits is expected to increase 61 % (from 1999) whereas population density is to increase 51%. How and where the City develops impacts DWU infrastructure and operational requirements significantly. • Does the City wish to adopt all relevant best management practices related to various maintenance and operations services or are some of the existing protocols satisfactory based upon community expectations (e.g. street sweeping frequency)? • As it relates to planned growth and attendant zoning, does the City expect to include large industrial complexes which will attract a variety of businesses subject to source control wastewater pre-treatment requirements? • Will regulatory requirements changes such that additional technical support staff be required? • Will guidelines change for major utilities as a consequence of additional homeland security measures? • Will economic conditions positively or negatively impact the ability of the City and DWU to raise sufficient revenues to cover desired costs? • As the City's utility infrastructure begins to age, will the City pursue advanced asset management practices to rehabilitate and replace infrastructure in a timely manner? Matrix Consulting Group Page 175 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • What particular functions will the City, over the long-term, contract or use in- house staff to perform? These are just some of the variables that would impact along-term staffing projection. Given this, there is no overly-simplified formula such as utility employees per customer that would be considered extremely valid. The most broad guidelines would suggest that, assuming staffing is generally effective and adequate now (as noted in this report, as population and city geographic expansion occurs, so will utility staffing needs along similar growth patterns. This is, given growth by 2020 in both population and geographic size of approximately 50% as shown in the Comprehensive Plan, staffing in DWU can be expected to grow by similar amounts compared to 1999 staffing levels (when the Comprehensive Plan was published). The project team cautions, however, the use of such projections. Each community must strategically plan their own long-term staffing increases based upon consideration of the unique variables impacting the jurisdiction's future. Furthermore, no staffing projection should be performed beyond afive-year planning horizon-the maximum number of years typically associated with reasonable internal staffing estimates. In summary, the project team cannot offer any specifics relative to long-term staffing changes in DWU based upon the previously stated information. Shorter-term five-year staffing projections could, however, become part of the City's overall strategic planning effort, and if implemented, should be accomplished throughout all City departments. Matrix Consulting Group Page 176 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility /CIP Engineering 7. INFORMATION TECHNOLOGY ISSUES This chapter of the study provides our review of information technology systems associated with Water, Wastewater, and Utility and CIP Engineering. Information contained herein reflects ouranalyses of provided data and interview feedback. 1. INFORMATION TECHNOLOGY ISSUES REPRESENT ONE OF THE VITAL FEW ISSUES THAT REQUIRE RESOLUTION. As noted throughout much of this report, a lack of data generally available through existing information technology systems (or lack of a system in its entirety) resulted in some impediments to understanding the organization. Limited information constricted the development of more comprehensive staffing needs, work practices and service levels. Information technology shortcomings were regularly referenced in a variety of our interviews, and such individual comments that reflect important issues include: • The Laboratory Information System (LIMB) has not been fully implemented in over 2-1/2 years, there is currently no reporting capability and Quality Assurance and Quality Control tracking is still maintained on an Excel Spreadsheet. • Micro-Main has been in use for several years and it is not reliable for capturing data. It was described as "not set-up well," and "not smoothly running." • It was estimated by internal staff that more than half of (maintenance) crew time is not entered into Micro-Main such as landscape maintenance activities, fueling time, parts chasing time, etc. Operator time is not entered. Additionally not all the assets are in the system related to the Lake Lewisville plant. Allegedly some instrumentation (operator) is not captured as an asset within the system. • Groupwise software is used to schedule preventive maintenance tasks, but it does not link to Micro-Main software. Micro-Main is generally used for repair work orders but not preventive maintenance which is captured in paper format including scheduling charts and penciled-in log books. Matrix Consulting Group Page 177 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • The organization recently added remote access to water SCADA via laptop and limited staff have access to this technology. • We have two different SCADA systems at the water plants. The SCADA systems for the two Water Production plants were not setup with standards. Lack of standards has caused many problems at both plants. The systems are not easily upgradeable and communications within the systems are poor. Standards needs to be developed that will keep the systems from future problems, allowing staff and system integrators a plan to follow in making any additions or modifications. The overall SCADA system needs to be studied and a Master Plan developed to correct existing design problems. The SCADA system at the Ray Roberts plant needs to be redesigned to eliminate extra layers of software that increases communication failures. Overall, the computers that Operators used to monitor and control the plants should not be the main computer running the system and collecting the data (ServerlMaster), but a Client computer that can be shut down without compromising the water treatment process. • Considerable data is entered into MP2 relative to time, parts, etc. but no "management reports" are run on a regular basis. At the supervisor level, a lot of work accomplished is related to data entry though the data is not used well. • There is concern regarding the accuracy of work order and other data in City Works and problems with developing reports such as work statistics per truck. There is a belief that this software is no longer a focus of information technology staff (as it is only used by wastewater collections and water distribution). • Infrastructure updating in GIS has been described as less than timely, with evidence that mains only three years old are still classified as aged assets. • Computer literacy in many divisions is poor. • Sufficient formalized training in the use of various maintenance management systems was not provided to all appropriate staff. • Electrical Maintenance must enter data into two separate systems (Micro-Main and MP2). Staff claim they are some of the most expensive "data entry clerks" in the City. Conversely, there were some positive aspects noted regarding information systems: • Micro-Main for Water Production was upgraded in 2008 and appears to be improved. Missing assets are being added daily. Matrix Consulting Group Page 178 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • Operators are now able to generate work orders in Groupwise and no longer need to use a-mail to communicate equipment issues. In summary, these sentiments reflect a generally broad consensus relative to the adequacy of existing information systems. The issues noted are further exacerbated by the number of varied information systems in use, particularly in water and wastewater organizational units. The following example is summarized from other information found in this report and reflects the lack of integration in information technology systems. • Wastewater Maintenance and Electrical uses MP2 as a computerized maintenance management system (CMMS). • Water Maintenance and Electrical uses Micro-Main as a CMMS. • Wastewater Collections and Water Distribution use City Works as a CMMS. • The Meter Shop uses an in-house developed Microsoft Access as a "CMMS." Clearly, based on this information, there are opportunities to improve information technology systems. Indeed, it is the project team's opinion that this is one of the vital few issues that should be aggressively addressed. To address such issues, an overarching information technology vision must be developed and then refined. This is discussed in the following section. 2. DEVELOP A LONG-TERM INFORMATION TECHNOLOGY STRATEGIC PLAN. If an agency, particularly one that will be subject to significant customer growth over the next several years (and the attendant staffing, budget and infrastructure growth), is to successfully respond to the various information technology challenges that lie ahead, support business goals and objectives, improve programs, measure performance, make good policy decisions, and respond to rapid changes in business Matrix Consulting Group Page 179 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering requirements, the agency should continue to enhance the way they use technology and information resources. A strategic plan is the appropriate tool to address future needs. Briefly, a strategic plan sets out the vision, mission, and goals for the organization over a timescale of three to five years. It is developed from an analysis of the internal and external environment in which the organization operates. Further, strategic planning is a continuous process of systematically evaluating the nature of the business and defining long-term goals whereby quantifiable SMART (Specific, Measurable, Achievable, Relevant, Time-bound) objectives and methods to reach these objectives can be developed in business and more detailed operations plans. Strategic planning (ideally) is performed annually, and the Plan updated as necessary. Important companion products to the strategic plan generally include a business plan and annual operations plan. These plans, too, should be completed but framed by the broader strategy found in a strategic plan. In sum, the purpose of strategic planning is to: • Clearly define the purpose of the organization and to establish realistic goals and objectives consistent with that mission in a defined time frame within the organization's capacity for implementation. • Communicate those goals and objectives to the interested parties. • Develop Plan ownership. • Ensure the most effective use is made of the organization's resources by focusing the resources on key prioritieslgoals. • Provide a base from which progress can be measured and establish a method for informed change when needed. • Obtain consensus on direction. The effective use of technology necessitates the development of a long-term Information Technology Strategic Plan to address the variety of issues that face any Matrix Consulting Group Page 180 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering progressive organization relying on a variety of technology systems. Broadly speaking, a strategic plan should discuss such topics as the integration of information from different databases, the level of IT expenditures for application development and priorities over the next few years, and managerial accountability for implementation and timeframes for implementation. As a basis for developing a Strategic Plan, several key assumptions first must be made regarding the internal and external environment that, if significantly modified, would affect the content of the Plan and the ability to implement or maintain service delivery goals. The following key assumptions are illustrative of the types of predictions that frame the development of an Information Technology Strategic Plan dedicated to the Utility and Engineering services. The project team does not intend to have the following serve as an actual Strategic Plan framework; rather these are provided for example only. • Denton's municipal populations will continue to increase, potentially doubling the population of the Citywithin the next 16 years. • Major plant rehabilitations and upgrades will occur during this timeframe. Residential, commercial and industrial development will increase the number of assets that must be maintained. • Regulators will continue to be proactive and aggressive to control pollutants impacting the environment. • Then enterprise funds will not undergo dramatic budget cuts or suffer major general fund transfers to balance City budgets. • No significant public safety events-such as a terrorist event, major natural disaster, etc. -will have any significant impact on the Utilities. Relevant key assumptions must be made in order to develop a reliable Strategic Plan that can be used as a roadmap for the future. Once these assumptions are made, Matrix Consulting Group Page 181 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering then certain guiding principals must be developed to provide additional detail to the Strategic Plan document. The following reflects examples of Guiding Principals that can be used in any information technology agency. Although some of these may not be relevant for Denton, they nevertheless reflect important philosophies which guide future IT developments. • Significant investment in new technology will be integrated with process improvements which eliminate inefficient tasks and duplicate data. Data will be entered into the information system only once at the point of origin. • Common systems will be used for similar business functions unless verifiable proof exists that some functions must remain different or unique. Shared systems resources and common data repositories will be exploited wherever possible. • The preferred approach to new systems will be to integrate purchased applications that are based upon recognized industry standards -- modification of these systems should be kept to an absolute minimum. Custom development will be considered only as a last resort. New systems will be validated in pilot implementations priorto full-scale deployment. • Technology resources will be leveraged effectively and efficiently through the adoption of common standards and shared information. Various data, from information systems shall be standardized and interoperable with other local agencies, as practical. The IT infrastructure will define the interfaces between systems. Upon developing the key assumptions and guiding principals, then an IT Strategic Plan can be developed with further details that include: • A Goal Statement identifying "a desired outcome." • A Present State analysis identifying "where the agency is at." • An Initiatives Section identifying "major efforts to be undertaken to move the agency forward." • An Outcomes Section identifying "what the initiatives are designed to accomplish." Matrix Consulting Group Page 182 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering • An Objectives Section referencing the major steps necessary to reach the above stated goal. Objectives are typically detailed in companion Business and Operations plans with appropriate critical path documentation. The importance of an information technology plan cannot be underestimated. The City does not have an IT Strategic Plan dedicated to the utilities. Whereas the project team can make only the broadest observations relative to technology issues, this is no substitute for the in-house development of an Information Technology Strategic Plan driven by a committee of technical experts. This Plan, and any companion Business and/or Operations Plans, are designed to answer a variety of questions such as, "how do we move forward with development of a Computerized Maintenance Management System," "how do we wish to use remote SCADA technologies to operate the plant, thereby impacting staffing levels," and "how/when do we decide to upgrade software/hardware to the next version?" These reflect the variety of issues that ultimately require resolution. The aforementioned Committee of technical experts should be composed of members with both significant knowledge and sufficient delegated authority to make important recommendations for the benefit of water, wastewater and engineering services. Indeed, the City may wish to expand this effort to either include all utility functions or, in fact, acity-wide effort with the attendant increase in time required to complete the product). Ideally, there should be one draft Strategic Plan leading to a final Plan to be approved by the City Manager, Public Utilities Board and/or City Council. The amount of time that can be dedicated to this effort will ultimately drive the final delivery date of a draft product. The project team believes that it is not impractical to expect that an effort of this magnitude will take from eighteen to twenty-four months Matrix Consulting Group Page 183 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering given it is unlikely the various technical personnel most likely to serve on this Committee could devote an enormous amount of effort in a short period of time given staff have conflicting duties and responsibilities. Recommendation: Develop and ad-hoc committee of technical experts to include to develop a comprehensive Information Technology Strategic Plan. Anticipate approximately 18-24 months for development of a final Plan. 3. WHETHER A COMPREHENSIVE REVISION OF EXISTING SYSTEMS, OR A NEW CONSOLIDATED PRODUCT, IMPLEMENTATION OF A COMPREHENSIVE COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM, WITH THE FULL SUITE OF CAPABILITIES, SHOULD BE AFFORDED THE HIGHEST PRIORITY AFTER DEVELOPMENT OF THE INFORMATION TECHNOLOGY STRATEGIC PLAN. The present maintenance management information systems used by the variety of water and wastewater divisions will require significant modification and coordination to provide the suite of tools necessary to manage operations in the most cost-effective manner. As stated previously, various analytical methods could not be used due to lack of comprehensive data; these are directly linked to the either the shortcomings of existing systems orthe inability to use them to theirgreatest advantage. Automated work order systems are an indispensable aid to the efficient management of maintenance services. These systems enable maintenance organizations to not only mange individual pieces of work but also plan and schedule prevention and major maintenance work. An optimum system enables managers to collect comprehensive information about the activities of maintenance crews and identify ways in which work can be more efficiently managed. Presently, information systems are not optimized in water and wastewater operations. Currently, a tremendous amount of information is recorded and compiled in the normal course of operating and maintaining utilities. Extracting key data elements by Matrix Consulting Group Page 184 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering asset, individually assigned crew member, division, or functional area to support performance evaluation or cost analysis is cumbersome at best, time consuming, and labor intensive. Because of the efforts required, large quantities of valuable data are unused and buried, representing a significant amount of data entry time that is ultimately unleveraged. With advances in information technology over the last fifteen years, however, analytical procedures that would have required weeks or months to perform in the past can now be performed in a matter of minutes or hours. Key pieces of information can be instantly compiled, sorted, and summarized or reviewed in a variety of formats, giving managers insights into operational strengths and weaknesses. Real-time access to repair histories, work order labor time, staff productivity and perpetual inventory records afforded by a CMMS makes it possible to manage in-house maintenance operations and provide services in ways that were literally impossible in the past. The use of such a system also is essential to support the use of charge-back systems (if implemented) and, as identify potential staffing needs. In the project team's experience, organizations often expend so much effort on installation of information technology systems such as a CMMS that they do not realize that the value of the system lies in it proper use, not merely in its installation and operation. The key to the successful implementation of a new system lies, therefore, in integrating this tool with ongoing and optimized management and business processes. To that end, Water and Wastewater Utilities should re-implement CMMS throughout the Department. This installation may be a revision of existing products or a new comprehensive product for all divisions. Regardless, this implementation should be preceded by the Information Technology Strategic Plan and should be coordinated with Matrix Consulting Group Page 185 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering the City's information technology staff to determine if a similar system can be used in other organizational areas. A robust CMMS will enable managers to answer such questions as the following: Are maintenance procedures working? The management of the department should be able to look at total employee hours, grouped by work type or class and compare the amount of work performed to the amount of work scheduled. Are maintenance activities adequate? The management of the department should be able to look at the number of scheduled work orders grouped by work type or asset and compare the amount of work that was scheduled to be performed based on pre-determined service levels to the amount of work actually performed. This information can then be linked to the results of inspection reports. Where are my problems and where should limited resources focus? The management of the department should be able to look at the total cost for work type or class and sort the work requests by asset, and sort by location. This will identify by asset where all the time and associated costs are being accumulated. This is typically referred to as the "Top 10" list or "Bad Actors" report. By example, such information can be used to justify installation of a new pump as opposed to re-investing efforts in continued corrective maintenance. Where is maintenance spending their energy? The management of the department should be able to look at the total employee hours grouped by work type or class. Depending on the established work types, this will identify the type of work that the maintenance organization is accomplishing. This is critical to ensure true maintenance work is being accomplished in support of production goals and targets. What is our backlog of work and where is it? The management of the department should be able to look at the backlog of all requested work assuring that there is no less than 2 weeks and no more than 4 weeks of lower priority backlog. How efficient is our maintenance workforce? The management of the department should be able to review the labor hours per employee and per work order and compare these to developed benchmarks (e.g. wrench time per employee or linear feet of sewer jetted). These efficiency and effectiveness measures can be used to justify existing and future desired staffing levels. How much money is our department spending on maintenance and repair for the various types of work activities? This includes parts, material and supply costs, contractor costs, and maintenance labor costs. The management of Matrix Consulting Group Page 186 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering the department should be able to look at the material cost, contractor cost, and labor cost grouped by work type. The existing computerized maintenance management systems have some of these features, but are not nearly comprehensive. Furthermore, the systems are not integrated. The CMMS should be utilized to serve as the basis of a comprehensive maintenance plan that identifies the services provided, the levels of service desired, the outputs of each of these services, and the costs of those services, both total and per unit of output. Effective implementation of a CMMS with the features noted in this chapter should be considered a vital few priority. Recommendation: Whether a revision of existing systems or a new consolidated product, implementation of a comprehensive Computerized Maintenance Management System (CMMS, with the full suite of capabilities, should be afforded the highest priority. Matrix Consulting Group Page 187 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering 8. DEVELOPMENT REVIEW During the course of the study, the project team heard repeated reference to the City's development review process. Development review, generally driven by a city's Planning or Community Development Department, is typically not raised with such repeated vigor by other departments participating in the development review process. The project team noted that a number of water and wastewater staff are involved in development review (as identified in the profile chapter). Indeed, there are a few rather unique efforts undertaken by the City as it relates to the development review process, somewhat atypical to other jurisdictions with which we have experience. These include: • Water and Wastewater Utilities has a specific engineering position, reporting to the Development Review Engineering Administrator, dedicated exclusively to expediting the development review process. • Given staffing efforts dedicated to other duties and responsibilities, Engineering has contracted out the development review process to an independent vendor-- Freese & Nichols. The implementation of these two endeavors is partially indicative of the apparent significant amount of time dedicated to the development review process by various organizations within the City of Denton. Although the development review process was outside the scope of this study, the project team attempted to acquire development review information from the comparative agencies (as noted in that chapter) but with little success. The project team is currently not in a position to help re-engineer the existing development review process, yet given members of the Matrix Consulting Group have participated in a number of Planning and Community Development projects, we are able to provide some broad benchmarks against which Denton can Matrix Consulting Group Page 188 CITY OF DENTON, TEXAS Management Study of Water, Wastewater and Utility / CIP Engineering compare itself relative to the types of efforts. The following table represents an illustrative development review process; it is not intended to reflect specifically what occurs in Denton; rather it is to show what levels of effort we recommend should be dedicated to various development review tasks. Illustrative Development Review Application) Scheduling Timetable Step Discussion Elapsed Days Elapsed Date Example 1 Receipt of Application 1 June 1st 2 Assign Case Planner 2 June 2nd 3 Preliminary review for application. Completeness (if incomplete, applicant notified and process terminates) 4 June 4th 4 Refer to Commenting Departments & Agencies. 5 June 5th 5 Receipt of Comments from Departments & Agencies 15 June 15th 6 Begin Preparation of Staff Report 16 June 16th 7 Prepare Legal Notice 20 June 19th 8 Send Letter: Application Completel Incomplete (if incomplete, process terminates) 25 June 25th 9 Design Review Board Meeting (if applicable) 30 June 30th 10 Assign Planning Commission Agenda Date 33 July 3rd 11 Prepare Final Agenda 35 July 6th 12 Send Legal Notice to Newspaper(s) 36 July 6th 13 Mail 300-Foot Notice 36 July 6th 14 Legal Publication Date (Exempt -10 days prior to hearing; negative declaration - 21 days prior to hearing) 40 July 10th 15 Finalize Staff Report 61 July 31st 16 Staff Report and Packet Sent to Planning Commission 63 August 3rd 17 Planning Commission MeetinglDecision 70 August 10th 18 Staff Report Modified to Reflect Planning Commission Action 80 August 20th 19 Agendize Item for City Council Meeting 85 August 25th 20 Publish and Mail Public Hearing Notice 85 August 25th 21 City Council MeetinglDecision 100 September 9th Denton should continue to staff an internal committee and dedicate efforts to revising and streamlining the development review process such that it will benefit all participants. The above example can provide a framework under which certain performance objectives and turnaround times can be developed. Recommendation: Continue staffing the internal City committee dedicated to review and streamlining of the development review process. Matrix Consulting Group Page 189 2 3 4 DRAFT MINUTES PUBLIC UTILITIES BOARD January 26, 2009 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, January 26, 2009 at 9:01 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson 11 12 13 14 15 16 and Bill Grubbs Ex Officio Members: George C. Campbell, City Manager Howard Martin, ACM Ut111t1eS 17 Absent: John Baines, excused 18 19 OPEN MEETING: 20 21 ITEMS FOR INDIVIDUAL CONSIDERATION: 22 23 7) Receive a draft report and discuss the Water, Wastewater, and Engineering Management 24 Study performed by Matrix Consulting Group; and discuss, deliberate, consider, and provide 25 staff with direction regarding such matters. 26 27 ACM Howard Martin called on Greg Mathews, Senior Manager with Matrix Consulting Group 28 to present this item. 29 30 Mathews provided background on Matrix Consulting group, stating it is a national consulting 31 group formed in 2002 which has predecessor firms back to 1970. Matrix conducts several 32 studies in three functional areas: public works, public utilities and public safety and community 33 development as it related to public works and public utilities. Matrix Consulting Group`s staff 34 has performed over 100 studies throughout the United State providing independent and 35 professional consulting just to local governments. 36 37 Mathews next talked about the project scope, stating that Matrix was hired to assist the Denton 3 8 Water Utilities in an independent analysis of various operations, which included the eleven water 39 divisions, eight wastewater divisions and the engineering departments. Matrix was also hired to 40 perform a comparative analysis of operations against existing Best Management Practices as well 41 as some regional water and wastewater agencies: Tyler, Waco, McAllen, Midland, Abilene and 42 Wichita Falls. All agencies ranged from 103,000 to 158,000 in population with a ranging of 43 about forty-six square miles to one hundred and five square miles in size. Recommendations 44 were related to efficient and effective water, wastewater and engineering operations, 45 organizational structures, and evaluation of staff and service levels. Finally, Matrix is here to 46 fulfill the requirement to review the utilities every ten years. 47 Mathews then talked about the proj ect methodologies that were used. Matrix always begins the 48 study by interviewing a number of people and in this instance, Matrix interviewed the City 49 Manager, Assistant City Managers, the DWU and Engineering managers, supervisors and 50 selected professional staff. Ultimately there were forty-five interviews. Matrix collected 51 information in several areas regarding staffing, organizational structure, and operations. Once Draft Minutes of the Public Utilities Board meeting January 26, 2009 Page 2 of 4 1 these data were collected, Matrix developed a profile that was fed back to staff to assure Matrix 2 has a fundamental and accurate understanding of the organization, and that profile is contained 3 within the report. 4 5 Matrix performed a comparative analysis against Best Management Practices, and during the 6 course of those studies, if Matrix saw something that is very progressive or pro active, Matrix 7 will include the process in its Best Management Practices matrix. As a matter of fact, Matrix is 8 taking a couple of ideas from DWU for future clients. 9 10 The study found that DWU services are deservedly well regarded. Overall, when an 11 organization is evaluated, there are a number of operational parameters; such as does the 12 organization provide a quality product at a competitive or reasonable cost? As it relates to 13 Denton's organization that quality service is certainly the case. By example, Denton has a 14 superior water rating from the State of Texas, and is also rated as having the best tasting water in 15 the State of Texas with no violations in the calendar year 2007. 16 17 The study found that Wastewater is consistently compliant with the USCTA, TCEQ, have 18 competitive wastewater rates and produces plastic biosolids with are a saleable product in Dyno 19 dirt. One of the Best Practices that Matrix is taking from Denton is the way and methods in 20 which the City sets its wastewater rates, basically by using winter rates at 98%. 21 22 Based upon these BMP and regional agencies comparisons, the City performed very favorably 23 overall. 24 25 Despite all of these progressive things that are accomplished and benefits realized, there are 26 some opportunities related to the organization staffing allocation work practices. Based upon 27 comparisons to the other regional agencies, the City is very sophisticated technically, but 28 otherwise functions very similar to the region. As it relates to technical achievements, the City 29 uses ultra violet disinfection in wastewater and produces Class A biosolids. As DWU relates to 30 operations, and compared to other agencies, DWU is doing some of the same things-- grease trap 31 monitoring, in-house lab testing, fire hydrant flushing, use of a variety of in-house staff and 32 consulting, and use of contract staff to do major construction, but is not out of the ball park as 33 DWU relates to comparative agencies. 34 35 Mathews stated that there are a variety of BMP's in the report ranging from the very high level 36 DMP's with performance goals at the department level all the way down to the maximum 37 percent of unaccounted for water per standards. There are some opportunities for improvement. 3 8 Staffing is quite noteworthy and there are really no overstaffing issues as it relates to the existing 39 number of staff. There are some minor opportunities as it relates to eliminating a few vacant 40 positions. There are also opportunities to add staff in some areas, but overall, only very modest 41 staffing increases and no real staffing reductions. 42 43 As it relates to recommendations regarding staffing, Matrix recommends is a net increase of one 44 position in the various water divisions. This recommendation includes plus two line personnel in 45 water operations, plus one line personnel in water maintenance and eliminating one vacant 46 position in water distribution and in water metering. Relating to wastewater operations, Matrix 47 is recommending adding one line staff in wastewater operations, plus one supervisor and line Draft Minutes of the Public Utilities Board meeting January 26, 2009 Page 3 of 4 1 staff in wastewater collections and no reductions in staff elsewhere. As it relates to 2 environmental services and engineering, Matrix is recommending no changes in staffing but is 3 recommending some organizational realignment, very minor in regards to spans of control. 4 5 Relating to other recommendations, Matrix is recommending that Engineering implement 6 additional BMP per pen box standards, largely related to reporting and administrative 7 requirements so that engineering clients can be better informed as to what is being accomplished. 8 9 The final two are probably the most critical components and recommendations that need to be 10 implemented over the long term. First of all Matrix is recommending developing an in-house 11 comprehensive information technology strategic plan. Although there is a component related to 12 the water and wastewater and engineering utilities in the City's Information Technology 13 Strategic Plan, Matrix is recommending that a specific plan be developed for this organization. 14 It is a relatively long term process that would take eighteen to twenty-four months. 15 16 Finally, in Water Wastewater operations, Matrix is recommending either a revision of the 17 existing computerized maintenance management system or purchase and implementation of a 18 new computerized maintenance management system. 19 20 In summary, and not dissimilar to most organizations, there is a management component which 21 currently is not being utilized to the greatest effectiveness for certain management reports related 22 to staff needs, backlogs, etc. Complicating this is the fact that there are four independent 23 systems in use in these utilities rather than one or two and that fact creates additional difficulties 24 for end users and data entry folks. 25 26 Overall, Matrix perceives Denton's Water/Wastewater/Engineering operations as very favorable, 27 one of which to be proud. 28 29 Board Member Gallivan asked if staff is falling behind in some areas of workload and how is it 30 judged. Mathews replied there are a variety of ways to judge, such as work backlog by example, 31 the amount of productive or wrench time that is being performed, whether it is two ply and 32 reflects opportunities for improvement. 33 34 Board Member Smith stated with regard to the study as it pertains to the Development Review 35 process; there is a table that shows a timeline when the project is first submitted to when it goes 36 to the City Council. How does that timeline compare across the country. Mathews stated that 37 table is not Denton's existing development review process. During the course of this study, it 3 8 was indicated that the City's development review process was perceived as onerous. That 39 process was not a major scope element at the initiation of this study and in order to accommodate 40 the client, Matrix tried to provide what a development review process from another agency may 41 look like. The one hundred day turnaround requirement is what Matrix perceived as a best 42 practice and comes from Salem, Oregon. Beyond that, the fact remains there is a committee in 43 use to evaluate the development review process and try to find ways to minimize the time and 44 reduce the workload on staff. Matrix is recommending that the City continue the in-house city 45 committee. 46 Draft Minutes of the Public Utilities Board meeting January 26, 2009 Page 4 of 4 1 Board Member Bill Grubbs asked if Matrix looked at the drainage fee. Mathews stated it did not 2 specifically did not look at the fee. 3 4 Board Member Gallivan moved to approve Item 7 with a second from Board Member 5 Cheek. The motion was approved by a 6-0 vote. 6 7 The meeting was adj ourned by consensus at 11:13 a.m. 8 AGENDA INFORMATION SHEET AGENDA DATE: February 17, 2009 DEPARTMENT: Transportation Operations ACM: Howard Martin, Utilities, 349-8232 CT 1R.TFCT Receive a report, hold a discussion, and give staff direction regarding a proposed interlocal cooperation agreement between the City of Denton and the Denton County Transportation Authority regarding the use of a portion of the Denton Branch Rail Trail for the purpose of a public commuter rail service. BACKGROUND In 1993 the City of Denton purchased the former Missouri, Kansas and Texas (MKT) rail line between mileposts 721.5 and 729.5 from the Union Pacific Railroad by Ordinance 93 -117 for interim trail use. The City of Denton Parks and Recreation Department subsequently developed a hike and bike trail along the corridor known as the Denton Branch Rail Trail. The Parks and Recreation Department has utilized this corridor for the Denton Branch Rail Trail since May 2001 when the trail was opened. The Denton County Transportation Authority (DCTA) has requested the use of Denton Parks and Recreation property for the purpose of providing public transportation services in Denton County. As part of an Alternatives Analysis Study conducted by DCTA, the former MKT rail corridor was identified by DCTA as the Locally Preferred Alternative as the most efficient route to provide commuter rail service to Denton. Rail service will connect Denton to the Dallas Area Rapid Transit (DART) system in Carrollton with service through Lewisville and Highland Village. As part of a grant application process with the Federal Transit Administration, DCTA was required to demonstrate they had easements in place or were engaged with property owners to secure rail easements for the proposed commuter rail corridor. In November 2006, DCTA and the City of Denton entered into a memorandum of understanding (MOU) that was anon-binding agreement demonstrating the parties' intent to utilize the Denton Branch Rail Trail for the purpose of providing commuter rail service. In December of 2008 DCTA staff and DCTA general counsel began meeting with City of Denton representatives to review terms and conditions relating to an interlocal cooperation agreement that would grant DCTA an easement in the Denton Branch Rail Trail corridor. A draft interlocal cooperation agreement and easement is currently under review by DCTA and City representatives, with a final document expected for Denton City Council consideration on March 3, 2009. Major points of consideration are: maintaining status of Denton Branch Rail Trail for park/recreational use, preserving City of Denton's rights relating to future use of the right of way (ROW), maintaining integrity of existing City of Denton utilities in and adjacent to the corridor, mutual plan review and approval by each party for improvements in the corridor and ownership of improvement should proj ect be suspended. DCTA has requested that access to the ROW be granted by late February or early March so that their general contractor may access the corridor to initiate preliminary construction activities such as surveying, installation of silt fencing, clearing and grading, and relocation of utilities. This timeline suggests that DCTA will have final plans and funding in place to initiate the construction phase of the commuter rail project in March. Should the parties not come to terms with the proposed easement, DCTA and City of Denton representatives may need to implement a right of entry document to allow DCTA temporary access to the corridor in order to maintain DCTA's target completion date of December 2010. PRIOR ACTION/REVIEW Staff provided the Mobility Committee a preliminary briefing on January 27, 2009. MOU was approved by Ordinance 2006-324 on November 7, 2006 FTNANCTAT, The proposed interlocal cooperation agreement will require DCTA to relocate and enhance the existing bicycle and pedestrian trail in consideration of the easement. Relocation of existing City of Denton utility infrastructure will be DCTA's financial responsibility. ~rHFnTIT,F, Denton Parks and Recreation Board has requested the opportunity to consider final easement document prior to Council Consideration at their February 23, 2009 meeting. March 3, 2009 Denton City Council agenda has been targeted for consideration of the interlocal cooperation agreement. DCTA expects 100-percent construction plans to be submitted by their consultant on February 24, 2009. DCTA has targeted March 2009 to initiate construction activities along the corridor. DCTA has indicated construction will start at each end, Carrollton and Denton, and will meet in the middle with rail service by December 2010. EXHIBITS: 1. Memorandum of Understanding 2. Rail Corridor Briefing -Presentation 3. Mobility Committee Draft Minutes, January 27, 2009 Respectfully Submitted: Mark Nelson Transportation Director .;lour Documentsl~rdrnances1~61b~'I'A MOU Approval.dac ORDINANCE NO. zoo6 -- AN ORDINANCE APPRO~IN A MEN~~IANDUM OF I~NDERTANDIN BET~TEEN THE CITY O~ DEN'~ON AND THE DENTIN COUNTY TRANPORTATIN AUTHORITY RE~ARDIN~ THE USE OF A P~RTI~N ~F THE DENTDN BRANCH RAIL~TRAIL FR~1VI h~III~E PST 72I,5 T~ x'29. FAR THE FURP~E ~F PZ.J~I~IC C~~VIMUTER RAIl,1 ER~TIE; AND PRO~IDIN AN EFFECTIVE DATE. HEREA, the City Council finds that the l~Iemorandu~n of Understanding between the Czty of Denton and the Denton County Transportation Authority ~"DCTA"}, attached hereto and make a part hereof as Exhihit A the "M~U} i in the public interest; NO~U~ THEREFORE, THE CITY CUNCI11 ~F THE CITY ~F DENTON HEREBY ~RDAIN~: ECTI~N 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by refer. erne. ECTI~N ~. The City Council hereby approves the NIOU and authorized the City 1V[anaer, or his designee to exf:c,~~tive the MOU on behalf of the City, SECTION 3. This ordinance shall becon~c effective immediately upon Its passage and approval, PAED AND AI'F'ROVED this the ~ day of , 2006. .rn~.~~ PERRY . McNEILL, MAYOR ATTEST: JENNIFER ALTERS, CITY SECRETARY BY: APpR~~ED AS'T~ LEGAL FORM: EDWIN . SNYDER, CITY ATTORNEY BY: ~ -~} 1 S:~OuT DOCU1]'1CT~~S~COAf]"dC[S~O~1~A MOLJ•Ffflal.doc STATE OF TEXAS § COUNTY OF DENTON § MEIVIDRANDU~'I ~~ [JND~I~TANI]IN T~~ Memarandur~ of Linderstaadin the "IIiIDU"~ is made by and between the pity of Dentan the "~ityt'} and the Dentan bounty Transportation Authority the "DATA"} acting by acid through theYr authorized representatives. w~~EREA, the it~r owns the pity of Denton Parr property l~nown as the Denton Branch Rail Trail subject to certain rights held by the ~T railroad; and w~3ER~A, the pity purchased the Dentan Branch Rail Trail in I994 a rail banl~ing line salt agreement with the Union Pacific Railroad far the purpose of a recreational "Interim Trail Use" under c National Trail Act to prated and bald the corridor far future transportation puI`~?o5es; and wHEREAg, in 2001 the Union Facif~c Railroad sold its remaining interest in the railroad corridor to the Dallas Area Rapid Transit Authority ~"DART"} by quit claim deed; and w~~EREA~, the DCTA and Dentan have mutually planned for the DTA to install and rriaintain its planned commuter rail service within approximately eight (~} miles of the Dentan Bra~]ch Rall Troll right-of-way to connect downt~v~n Dentan to arralltan to further connect to the DART right-off way ;and w~I.~REA, the DATA has conducted extensive studios to determine the mast effective route to provide commuter rai 1 service f rangy dawntov~n Denton to the its of ~}a11as, Te~tas and has determined that a mast cast eff dent route is ~o former ~VfI~T railroad alignment within the Denton Branch R,ai1 Trail; and wI~~R.~A, the DTr~ in conjunction with the right to utilise the Denton Branch Rail Trail far the planned commuter rail service shall reconstruct and relocate the Denton Branch Rail Trail as necessary in accordance with plans approved by the pity in order to provide recreational use and aiternative transportation opportunities to Denton citizens; and wH~RA, parties deslfe to enter ~r1to the ~ViOU for the purposes Of mernorlatlz~ng the partYes' intentions wi#h regaxd to the DATA utilization of the Denton Branch Rail Trail for public commuter rail service; and wHERA, the City has scheduled'a public hearing to consider the request of the DATA to utilize a portion of the Denton Branch Rail Trail far public commuter raii service as required by the Texas Parrs 8c Recreation fade, chapter 2~; and wH~R~A, the DATA intends to acquire whatever rights DART may have in the fotrner railroad corridor. Memoranduz~r~ of Undcr~tandin • 1 ' 7117 S:I~ur Docurncn~slContr~ctsl~Ob1I)CTA MDR-Fine~.do~ NDw, THEREFORE, the parties agree as follows; 1. Denton Intends to tr~sfer and convey an easement or other right, by deed or other appropriate instrument~s~, to the DCTA, to permit the DCTA to install, maintain and operate its planned commuter rail service within approximately eight ~~} miles of the Denton Brarxch Rail Trail right-of-wad being generally desoribed in Exhibit "A" attauched hereto the "Raiff Ea~serrler~t"~ ~~ Connect do~v~~town Denton tD Carrolltan~ T~~a. ar~d to ~uher CQI]I]~Ct ~~ tll~ Dallas Area rapid Transit Authority ~"DART"~ right-of way. The Rail Easement shall be described in ~ separate instrument and shall consist ofappraximately l04 feet in width where the Denton Branch Rail Trail permits such use. ~. The DCTA intends, in con~unctinn with the right granted by the City to utilize the Denton Branch Rail Trail for the planned commuter rail service to enter into such agreements with the pity a necessary to reconstruct and relocate the Denton branch Rail Trail as necessary in accordance with plans approved by the City in ardor to provide recrea~onal use and alternative ~ansportatian opportunities to Dentar~ citizens. In addition, such plans shall also protect the City's existing rare v~rater pipelines a well as preserve access rights thereto and to the City's pipeline in the adjacent 30 fast wide utility easement, 3. The DCTA intends enter into such agreements with r3ART as is necessary to acquire the rights that l]ART has, if any, in the former 1VIT railroad Tine within the Denton Branch Rail Trail to permit the DCTA to install} maintain and operate the DCTA commuter rail SC1'v1Ce~ ~. The City intends to continuo to'operate and maintain its recreational trail and uses of the Denton Branch Rail Trail in coexistence with the DCTA commuter rail service operated within the Rail Easement. 5. This Qt,] is expressly conditioned upon and subject to the parties entering into mutually satisfactory definitive written agreements as to all aspects of the transaction and is not binding upon the parties in any way, except to the extent that it reflects the good faith intent to proceed to negotiate definitive written agreements with respect to the general terms and conditions herein contained, ~7nless and until such written agreements are entered into, none of the parties shall be under any obligation to any other party, regardless ofthis letter and regardless of any negotiations, agreements or understandings t~eretafore or hereinafter existing between the parties, it being understood that no contactual relationship shall exist between the porkies unless and until the definitive agreerr~ents shall have been executed in writing. (Signature page to follow) I~f~marandu~m ~fUr~der~t~ridin - ~ 711 S + S;1(~tir ~]nCIf171G71t5~[~tf~actS1Q61D~TA MOL1-~][181,~aC , ~~1~ ~~lrS ~~~ ~~}~ ~f , ~~1 ~~'Y ~F ~ENT~I~ ~~~ ~~~ AMPS L CITY ANAL~R ATTT: ~EN~IFE~ ALTER, CI'T~ ER.~TARY' ~~: APP~O D A L~CrAL FARM: ~D~Il~ lei. Y~DER, CITE' ATTORNEY BY: APPR~ED A T~ LEGAL F~R~ PETER ~ ITH, G RAL COUI~EL 1Ncmorandum of Und~rstandin~ - ~ 7l ~ ~ DENTOI~ COUNTY TRANPORTATi0~1 A~JTH~RITY FRED NIGH - - -- Exhibit A MP 721.5 ~RA1LRaAD MILES FROM Sl', LaUIS) ,HICKERY ST MORSE Q v ' ~C O ° S~A~s 1 "~O TARGET Q'L~ ~; ORf J Denton 60LDEN O~ ~ J lAWiGLE MALI ,-~~ ~ O ~ -35 DENTON REGIONAL. MEptCAI CENTER ~p1pCKRUS PABE N W~E S Denton City Limits 1 SHADY SNORES 1 O~ V WALTON •' . 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R~ . s .~ a ssss s ~s • i 0 .~ L L ~ ~ ~ .~ 0 V ~ - ._ ~ L - ~ *, '~ ,~ L 0 .~ s ~ .~ ~- - '- ~ ~ ~ ~ L ~ ~•+ L 0 V ~ V'f ~ ~ s ~ ~ ~ m v~ ~ a~ V V ~ 3 ~ ~ ~ 0 - ~ ~ ~ •- a~ ~ L ~ ~ 0 ~ ~ ~ p ~ ~ o ~- ~ ~ V 0 - ~ OC ~ ~ 0 '- ~ ~- ~ 0 - *~ ~ ~ L V ~ ~ ~ ~ L 0 ~- - '~ L F- OC -~ ~ ~ V 0 ~ ~ s V ~ ._ i ~ N ~ ~ s V ~ '~ O M 0 ~ ~ ~- - '~ ~ ~ 0 *~ ~ p ~" ~ ~' ~= V 0 ~ f ~ 0 ._ > o L ~ '~ ~ ~ ~ ._ L. 0 ~- - c~ ~ ~ ~ ~ ~ ~ ~ ~ ._ ~ 0 ~+ V L ~ L a V ~ ~ ~ ~ ~ ~C ~ a ~ ~ ~ Vf ~ ~ V ~ ~ .~ Vf ~ ~ V ~ ~ .~ L 0 ~ 0 ~ ~ ~ ~ ~ ~ V ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~_ ' L ~ _ ~ 3 6a z W a . . 1 DRAFT MINUTES 2 City Council Mobility Committee 3 Tuesday, January 27, 2009 4 5 6 After determining that a quorum of the Mobility Committee of the Denton City Council was 7 present, the Chair of the Committee on the Mobility convened into a meeting on Tuesday, 8 January 27, 2009 at 2:05 p.m. in the City Council work session room, 215 E. McKinney Street, 9 Denton, Texas. to 11 Present: Chair Pete Kamp, Mayor Mark Burroughs and Council Member Chris Watts 12 13 Staff Present: Howard Martin, ACM Utilities; Fred Greene, ACM; Jim Coulter, Director Water 14 Utilities; Mark Nelson, Transportation Director; Frank Payne, City Engineer; 15 Emerson Vorel, Director Parks & Recreation; John Knight, Assistant City 16 Attorney; Lindsey Baker, Assistant to the City Manager; Bob Tickner, Supervisor 17 Parks & Recreation; John Cabrales, Public Information Officer and Ann Forsythe, 18 Boards and Committees Coordinator 19 20 Also Present: John Polster, ITS; Scott Neeley, DCTA Vice President of Communications & 21 Planning 22 23 OPEN MEETING 24 25 5) Receive a report; hold a discussion and provide direction regarding a proposed interlocal 26 cooperation agreement between the City of Denton and the Denton County Transportation 27 Authority. 28 29 Mark Nelson, Transportation Director, stated this item was discussed at the last Mobility 3o Committee meeting with the indication that there would be some discussion at this meeting. 31 Staff was hopeful that there would be a preliminary document to bring to this meeting, 32 unfortunately there is not. There is a stakeholder group within the city reviewing aright-of way 33 easement agreement for the use of the rail line. DCTA is asking for access to that corridor to 34 initiate construction in mid to late February. Nelson stated that this item is targeted for a work 35 session before Council on February 17, 2009 and staff is meeting with stakeholders to try to have 36 a 90% document for discussion for that work session. If that does not happen, staff is looking at 37 a right of entry document that might provide DCTA the option for preliminary construction 38 activities. DCTA has the desire to relocate some utilities and, at this point in time, staff is not 39 supportive until there is an 85% plan for City Council review. 40 41 Council Member Chris Watts asked if the eight mile stretch is going to be part of the rail line. 42 Nelson replied that is was. Council Member Watts asked what are we really trying to 43 accomplish, are we concerned that we will have to move utilities and who will pay for that. 44 Nelson agreed, stating there is concern about having to move a lot of utilities and the impact of 45 those relocations with respect to the water lines and electric lines in the corridor. Council 46 Member Watts summarized that the questions is not so much whether DCTA can use the right- 47 of way, but rather how will it be facilitated to meet each party's satisfaction. Nelson agreed and 48 replied that staff is trying to work out methodology and responsibilities onhow each party will 49 access infrastructure in the corridor. 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 Draft Minutes of the Mobility Committee meeting January 27, 2009 Page 2 of 2 Mayor Burroughs asked if there has been any feedback from the folks who use the rails to trail, and could there be any adverse user response. Mayor Burroughs also asked at what point we need public involvement with users of the rails to trails. Nelson replied that DCTA initially has agreed to the enhancement of that trail facility and that the end product will be a much better product than what is currently there. Mayor Burroughs asked if there was any movement on the thought of having an enhanced mitigation fund to be allocated for residents along the corridor. Nelson replied that Mr. McElroy, Denton's representative on the DCTA Board, has indicated he would bring that back to the attention of the DCTA Board. The meeting was adjourned by consensus at 2:40 p.m. This page left blank intentionally AGENDA INFORMATION SHEET AGENDA DATE: February 17, 2009 DEPARTMENT: Utility and CIP Engineering ACM: Howard Martin, ext. 823 SUBJECT Receive a report, hold a discussion and give staff direction regarding the Oak-Hickory one-way street esign. BACKGROUND Currently, Oak Street is two-way from Jagoe Street/Avenue C west to Bonnie Brae Road, and Hickory Street is two-way from Avenue C west to Bonnie Brae Road. The concept of converting these roadways to a one-way configuration over these extents has been discussed at length at the Traffic Safety Commission. In addition to the change from two-way to one-way traffic, the establishment of No Parking zones over the same area on the north side of Oak Street and the south side of Hickory Street has been discussed. Refer to Exhibit 1 for extents. These proposed changes are supported by the Denton Police Department and staff from Utility and CIP Engineering. Staff recommended that the Traffic Safety Commission consider forwarding these issues to the Mobility Committee for consideration and possible recommendation to City Council for approval. This item was discussed at the Mobility Committee on October 21, 2008. The Mobility Committee concurred with staff's recommendation to hold a public meeting to garner public input but declined to make a recommendation to City Council on this item in advance of that meeting. The public meeting was held at the Traffic Safety Commission meeting on December 1, 2008, with each measure gaining support overall (minutes from the Traffic Safety Commission meeting and a tabular breakdown of the feedback received are attached as Exhibits 2 and 3, respectively). Traffic Safety Commission voted unanimously to approve each of the measures. This item was taken back to Mobility Committee on December 16, 2008 where a consensus was reached to forward it on to City Council for consideration (minutes are attached as Exhibit 4). In addition, the Mobility Committee asked that staff look into the possible addition of bicycle lanes to these two roadways. Staff s review of the available roadway widths between Bonnie Brae Road and Jagoe Street/Avenue C revealed that there are only portions of Hickory Street (approximately half this length from Bonnie Brae east to North Texas Boulevard) and none of Oak Street that would meet the necessary minimum width of 39-feet in order to fit in one 9-foot parking lane, two 12-foot driving lanes and a 6-foot bicycle lane without revising the pavement as follows: 1. Construct a wider section with possibly additional right-of way (ROW). 2. Remove parking on both sides of the roadway in sections. 3. Re-stripe for narrower driving lanes. Obviously, each of the options listed above have different challenges associated with them, especially the third item since narrower lanes have attendant safety issues, particularly adjacent to bicycle lanes. nPTTnN~ 1. Approve the ordinance to convert Oak Street and Hickory Street from two-way to one-way traffic with the establishment of No Parking zones on the north side of Oak Street and on the south side of Hickory Street from Jagoe Street/Avenue C west to Bonnie Brae Road. 2. Approve the ordinance and direct staff to pursue the establishment of bicycle lanes over all or portions of these streets. 3. Approve the ordinance with other conditions. 4. Deny approval of the ordinance. RECOMMENDATION Staff recommends approval of an ordinance to convert Oak Street and Hickory Street from two-way to one-way traffic with the establishment of No Parking zones on the north side of Oak Street and on the south side of Hickory Street from Jagoe Street/Avenue C west to Bonnie Brae Road. At this time, staff does not recommend the establishment of bicycle lanes along Oak Street and Hickory Street because of inconsistent street widths and the attendant issues associated with the removal of additional parking, the construction of wider street sections and reduced safety inherent with narrower lanes, particularly adj acent to a bicycle lane. PRIOR ACTION/REVIEW 1. July 7, 2008 Traffic Safety Commission meeting. 2. September 8, 2008 Traffic Safety Commission meeting. 3. October 21, 2008 Mobility Committee meeting. 4. November 3, 2008 Traffic Safety Commission meeting. 5. December 1, 2008 Traffic Safety Commission meeting. 6. December 16, 2008 Mobility Committee meeting. FISCAL INFORMATION Restriping and signage costs will be established after design is completed and will be funded through Streets and Traffic. EXHIBITS 1. Location map. 2. Traffic Safety Commission minutes from December 1, 2008. 3. Public Feedback from December 1, 2008 Traffic Safety Commission Meeting. 4. Mobility Committee minutes from December 16, 2008. 5. Ordinance Respectfully submitted: -~ ,. . . ~..y. Frank G. Payne, P.E. City Engineer ~ ELM J ^~®^ ^ w ° w ~ ~ CED w ~ YRT E t z 0 ~~ 0 ~~ w MYRTLE y ~ BOLIVAR BOLIV Y °- Or z Q 00~~ ~ U ~ ~ Q ~ PIERCE U a w Qp~ w =~ 0 U ~ ~ IC _J ANN U a U U N ~`_ -- ooo°e ~ ~ ~~ ~ o ^^ CARROLL CA OLL S. CARROLL o ~ C IT ~ Q ~ w WI IAM ~ ~ 0 ~ m p ~~ Q z DENT N pp E ON ~ = U w ~ ALICE ~ J= z MO NT ~ O w z Q I.O.O.F. U ~ ~ ~ U Q p w z p ~ BERNARD z O W 0 W p Z Q~ ~ ~ ~ z ~ Z p U Q p Y U ~ ~ J Z cn U ~W MARILLO 0 = Q a a ~ ~ z m ~ FULTON w ~ ~ ~ ~ ~ ~ ~ ~ w BATTY U z = cn ~ ~ ~ o= ~ PON ER ~ D~BM ELCH ~ w Q o W Q d3aN w ~ ~ Z ~ ~ _ U ~ ? Q = ~ p RY o ~ Q ~ ~ FRY AVE ~ ~ Nb'Jl~l B 00 a ~ ~ U ~ BR N Q 0 BRYAN VE.I ~~ W U ~,~ LO ELL O~ MALONE NORMAL z ~ w LONE ~ z z w ~ Y~~ U ~ ~ p O m G ER ~ G BER ~ z ~ U J U ~ ~ __ ~ U ~ a ~ ~ ~ z AVE cn AILEEN ~ BRADLEY w MILLER J ~ ~ J U J ~ W ~ z ECTOR Q J ~ o Z a FOUTS ~ HILLCREST 0 J ~ p AVEG ~ o Q ~ ~' THOMAS Q ~ z J Z ZY a W~ Z Q ~ w EY ~Q ~~ 0 ~ ~ U ~~ ~ U ~ OLD BON E BRA~j = ~ BONNIE BRAE v~~~ ~~ JrO~~ z Scale: N.T.S. ~ AVE A z~ ~U AVE. c~ McC ~ AVE. B a AVE. B w Q COLLIER w w ~z a Q KEND LPH ~ Exhibit " 1 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 MINUTES TRAFFIC SAFETY COMMISSION December 1, 2008 After determining that a quorum of the Traffic Safety Commission of the City of Denton, Texas was present, the Chair of the Traffic Safety Commission thereafter convened into an Open Meeting on Monday, December 1, 2008 at 5:31 p.m. in the Council Chambers, City of Denton City Hall, 215 E. McKinney Street, Denton, Texas. Present: Chair John Crew, Michael Green, Pat Cheek, Linda Brown, Jason Davis, Kim Spivey and Connie Baker Absent: Marion Scott, excused Also Present: Bud Vokoun, Traffic Engineer Frank Payne, City Engineer Ann Forsythe, Coordinator Boards & Committees OPEN MEETING: 2) Receive a report, hold a discussion and make a recommendation concerning: a) OAK STREET FROM JAGOE STREET/AVENUE C TO BONNIE BRAE STREET BE MADE FROM TWO-WAY TOONE-WAY, WESTBOUND, b) NO PARKING ON THE NORTH SIDE OF OAK STREET FROM JAGOE STREET/AVENUE C TO BONNIE BRAE STREET, c) HICKORY STREET FROM BONNIE BRAE STREET TO AVENUE C BE MADE FROM TWO-WAY TO ONE-WAY, EASTBOUND, d) NO PARKING ON THE SOUTH SIDE OF HICKORY STREET FROM BONNIE BRAE STREET TO AVENUE C. Traffic Engineer Bud Vokoun gave a brief overview stating that the Traffic Safety Commission has been reviewing this item since the first of the year and, based upon the Traffic Safety Commission's recommendation this item was presented to the Mobility Committee for its consideration. The Mobility Committee accepted the Traffic Safety Commission's recommendation that it be brought back to the Commission for a public meeting. Staff mailed approximately 350 notices of which thirty-two were returned. Of those, twelve had forwarding addresses and new notices were forwarded to them with the other twenty being non deliverable, according to the post office. Vokoun stated that a copy of the notice's letter with the form requesting residents or owners of properties to complete and return is provided in the packet. Vokoun stated that staff did receive a number of completed forms in the mail and as residents came into the chambers they are being asked to complete the form. All completed forms will be given to Chair Crew. Chair Crew announced that the meeting was now open for citizen input. Chair Crew called by name those in attendance wishing to speak. With the exception of one, all were residents in the noticed area. Many in favor of the proposal stated that safety over 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Minutes of the Traffic Safety Commission meeting December 1, 2008 Page 2 of 3 convenience was the main issue and that if speed is a concern that it is a law enforcement issue and should be handled as such. One citizen pointed out that it is difficult for ambulances and fire vehicles to navigate within the areas on the cross-streets where parking is allowed on both sides of the street. One citizen suggested the possibility of zone parking for those streets. One resident that spoke against stated that changing Oak and Hickory Streets to one way would increase traffic on these cross streets, create parking issues on them and would cause safety issues for them. Staff provided the Chair with all of the responses received by staff through the mail, whereupon, the chair read each after the public speaking session was finished,. Vokoun then stated that a spreadsheet would be created that would provide the names, addresses and an indication of the vote for each item from each respondent and the results would be provided in the Commission's minutes at the next meeting (See Exhibit 1). Chair John Crew called for motions. Commissioner Pat Cheek moved to approve Oak Street from Jagoe Street/Avenue C to Bonnie Brae Street be made from two-way to one-way, westbound with a second from Commissioner Michael Green. The motion was approved by a 7-0 vote. Chair John Crew moved to approve the recommendation of No Parking on the north side of Oak Street from Jagoe Street/Avenue C to Bonnie Brae Street with a second from Commissioner Pat Cheek. The motion was approved by a 7-0 vote. Commissioner Pat Cheek moved to approve the recommendation that Hickory Street from Bonnie Brae Street to Avenue C be made from two-way to one-way, eastbound with a second from Commissioner Jason Davis. The motion was approved by a 7-0 vote. Commissioner Michael Green moved to approve the recommendation of No Parking on the south side of Hickory Street from Bonnie Brae Street to Avenue C with a second from Commissioner Pat Cheek. The motion was approved by a 7-0 vote. The meeting was adj ourned by consensus at 6:45 p.m. 4A .~ .~ .~ e 0 V V L 00 N t" L V 0 L V A~ ~1/ LL .V a M ~~ s x W L ~ 0 c ._ ,G O N o L = cn vi v~ vi Q cn Q v~ cn cn ~ cn ~ cn cn ~ cn cn cn ~ ~ ~ N m .C II 4J N ~ N \ N \ ~ ~ O Z ~ ~ OJ ~ OJ ~ ~ OJ OJ ~ ~ O Z ~ O Z ~ II II Q •-• ~ ~ } } } } Z ~ Z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O 0 ~ ~ ~ O Z z ~- Z M1• L ~ ~ p N ~ ; ~ ' cn 4J vi N v~ ~ vi N v~ ~ cn N Q \ O Q \ cn OJ cn ~ v~ ~ cn OJ ~ ~ O 0 O O cn Q,1 cn ~ v~ ~ O ~ ~ O ~ ~ `~ II ~ .C II Q ~• V ~ } } } } } ~ Z Z Z ~ ~ ~ ~ ~ Z Z Z Z ~ ~ ~ Z ~ Z } ~ ~ O 0 ~ ~ O Z 0 Z ~ ~ ._ O N ~ c N O L N vi ~ vi Q cn Q v~ cn cn cn v~ cn v~ cn cn v~ cn cn cn v~ cn v~ ~ N .C II Q~ 4J N ~ N \ N \ ~ ~ OJ ~ ~ OJ ~ OJ ~ ~ OJ OJ ~ ~ N ~ O ~ II II Q •-• ~ V1 } O Z Z z Z M1' C ~ ~ ON ~ ~' ~ :c II 3 (~ ~ N ~, N ~ N ~, N ~ N ~ N p ~ p z O \ ~ N ~ N ~ N ~ N ~ N o z 0 z 0 z 0 z ~ N ~ N ~ N p z ~, N p z ~, N II a ~• ~ ~ } } } } } } z z } } } } } } } } } } ~ z Qo ~ } ? 0 z M ~ ~ ~ O N i +~ ~ ~ ~ ~ ~ ~ .~ Q N N ~ ~ ~~ `~ O ~ i ~ ~ ~ c ~ 3 c ~ ~ o ~ ~ a~ o Q N ~ ~ ~ N ~ O ~ L - a O ~ ~ ~ ~ ~ ~ ~ ~..~ ~ ~ O ~ O ~ N ~~ ~ .U Q ~ a~ - v L o .~ 0 0 0 0 ~ 0 0 0 0 ~ 0 0 0 .~ 0 .~ 0 L ~ ~ O ~ O ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ 3 ~ ~ _ ~ _ ~ o L m Q a +' ~ a +' ~ a~ ~~ LL ~ p ~ = ~ ~ ~ O N ~ O a }, o 00 ~ 0 o 0 ~ ~- ~~ ~ ~ r-I m O ~ o N r~-I ~ Q O O N rl Q1 O L O N O pp ~ ~ 00 l p N Ql l 00 l O L `-' ~ O l O O O 00 l N ~ 00 l ~ :6 Z N Z ~ ~ rl O N r z N r r N r N ~ r ~ r N N W m N `~ `~ t!1 N ~ ~ C O ~ ~ ~ -~ ~ ~ ~ ~ -_ ~ ~ ~ Z L S 3 Q ~ O ~ t1A ~ :~. ~ + ~ ~ O ~ V) ~ ~ ~ +~ ~ O z L ~ C ~ 4J ~ ~~ ~ L N ~ ~ ( ~ ~ ~ ~ O ~ .- ~ ~ .4A o ~ m ~ ~ O m U U O + ~ ~ ~ ~ ~ ~~ ~ Z a a o ~ ~ 6 ~ ~ p t r`' c if ~ m = _ ~ c ~ " ~ J OO OJ ~ C ~ C L U .~ ~ '+r ~ N m ~ ~n ~ ~ ~ oo rn o ~ N m ~ ~n ~ l~ ~ rn o ~ N m ~ ~n ~ ~ r-I r-I r-I r-I r-I r-I r-I r-I ~ r-I N N N N N N ~, 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 MINUTES City Council Mobility Committee Tuesday, December 16, 2008 After determining that a quorum of the Mobility Committee of the Denton City Council was present, the Chair of the Committee on the Mobility will convened into a meeting on Tuesday, December 16, 2008 at 2:03 p.m. in the City Council work session room, 215 E. McKinney Street, Denton, Texas. Present: Mayor Mark Burroughs and Council Member Chris Watts Absent: Chair Pete Kamp, excused Staff Present: Howard Martin, ACM Utilities; Jim Coulter, Director Water Utilities; Mark Nelson, Transportation Director; Frank Payne, City Engineer; Emerson Vorel, Director Parks & Recreation; John Knight, Assistant City Attorney; Bud Vokoun, Traffic Engineer; Julie Glover, Main Street; Ann Forsythe, Boards and Committees Coordinator Also Present: John Polster, ITS; Dee Leggitt, DCTA Vice President of Communications & Planning OPEN MEETING 3) Receive a report, hold a discussion and make a recommendation with regard to one-way versus two-way traffic on Oak and Hickory Streets from Bonnie Brae Road to Jagoe Street. Transportation Director Nelson called on Frank Payne, City Engineer, to present this item. Payne stated this item was brought before the Mobility Committee in October 2008 and that on two occasions this item has been discussed by the Traffic Safety Commission. At the last Traffic Safety Commission meeting, the Commissioners talked about holding a public hearing. Staff was directed by the Mobility Committee to take this item back to the Traffic Safety Commission to have a public meeting and then bring it back to the Mobility Committee with a recommendation based on the results of the meeting. Payne stated that a public meeting was held during the Traffic Safety Commission meeting on December 1, 2008 and that minutes from that meeting, due to technical difficulties, are not included in the backup; however, a summary of the feedback is provided. The feedback is overwhelming in favor of the changes. While it is certainly not unanimous, a very large percentage of the people spoke in favor of no parking on the north side of Oak and the south side of Hickory, and at least two thirds spoke in favor of the one way in each case. The Traffic Safety Commission voted unanimously to recommend approval. Council Member Watts asked if parking is now allowed on both sides. Payne replied that is. Council Member Watts asked about the rationale used in picking the north and the south side and was it an arbitrary decision. Bud Vokoun, Traffic Engineer, stated that currently from Carroll 1 Minutes of the Mobility Committee meeting 2 December 16, 2008 3 Page 2 of 3 4 5 6 Boulevard to Jagoe on Oak Street, parking is restricted on the north sides of the street and the 7 same for Hickory on the south side. There is also a bike trail and restricting parking would 8 provide the option to continue the bike trail on the south side of Hickory. Council Member 9 Watts asked if there is not a bike trail on Oak Street. Vokoun replied not at this time. to 11 City Engineer Payne stated that the next step, assuming a recommendation is made by the 12 Mobility Committee is to take it to the City Council at a public hearing. The neighborhood 13 would again be noticed for a Council Meeting in February. Staff's recommendation is to 14 implement these changes. 15 16 Council Member Watts stated that obviously there is some opposition, but he is comfortable with 17 taking it before the full Council as long as there is a reissuance of the public hearing. Watts then 18 asked if the minutes would be available in the Council packet. Payne replied that minutes would 19 be available. 20 21 Mayor Burroughs stated he has no difficulty directing consideration of this item to the City 22 Council, but that he is uncomfortable with the Mobility Committee sending a recommendation of 23 approval. Mayor Burroughs further stated that he believes that the role of the Mobility 24 Committee should not be to approve or not approve items, but to vet those items prior to them 25 going to the City Council. Council Member Watts stated that he concurred with Mayor 26 Burroughs and wondered if a Council Committee could kill something and/or not allow it to go 27 to Council and if so, he has difficulty with that. Council Member Watts stated that he is 28 comfortable moving this forward to Council but as far as giving it a recommendation or non 29 recommendation he does not want to do that. 30 31 City Engineer Payne stated that perhaps that recommendation could be modified asking staff to 32 carry it forward for presentation by the full Council and perhaps staff should consider how future 33 items are brought forward for consideration. Payne further stated that it is his understanding that 34 the Committee's direction is for staff to take it forward for consideration. 35 36 Mayor Burroughs stated that this very issue is one he is struggling with and that to him the 37 purpose of the Council Committees is to investigate and to ask questions that might be much 3 8 more cumbersome on a Council level. 39 4o Staff s direction from the Mobility Committee was to take this item forward, with the 41 added stipulation of adding a bicycle lane, to the City Council for consideration. 42 43 The meeting was adjourned by consensus at 3:34 p.m. 44 1 Minutes of the Mobility Committee meeting 2 December 16, 2008 3 Page 2 of 3 4 5 s ~ ~ ~ t Y' _ ~ ~~ ~ ' ~~ ~ - 5' i F~ I .. .}• kY :1:.. ~ r 6 ~- 7 Pete Kamp, Chair Howard Martin, ACM Utilities 8 9 10 Ann Forsythe, Boards & Committee Coordinator 11 12 s:lour documentslordinances1091one-waystreetandnoparkingordinancehickoryandoak.doc ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING PORTIONS OF OAK STREET AND HICKORY STREET AS ONE-WAY STREETS; DESIGNATING NO PARKING ON PORTIONS OF OAK STREET AND HICKORY STREET; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Oak Street from Jagoe Street/Avenue C to Bonnie Brae Street is hereby designated as aone-way street with traffic moving in a westerly direction. SECTION 2. Hickory Street from Bonnie Brae Street to Avenue C is hereby designated aone-way street with traffic moving in an easterly direction. SECTION 3. When signs and/or markings are in place giving notice thereof, no person shall park a vehicle on the north side of Oak Street from Jagoe Street/Avenue C to Bonnie Brae Street. SECTION 4. When signs and/or markings are in place giving notice thereof, no person shall park a vehicle on the south side of Hickory Street from Bonnie Brae Street to Avenue C. SECTION 5. The provisions of Sections 3 and 4 prohibiting the parking of vehicles shall apply on the designated portion of the above named street or streets except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 7. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 8. Any person found guilty of violating Sections 1 and 2 of this Ordinance shall be fined a sum not to exceed two hundred dollars ($200). Any person found liable of violating Sections 3 and 4 of this Ordinance after a civil administrative hearing shall be assessed a civil penalty not to exceed two hundred dollars ($200). Each day that a provision of sections 3 and 4 of this ordinance is violated shall constitute a separate offense. The disposition of parking citations issued pursuant to this Ordinance shall be governed by Division 3 titled "Parking Violations Division" of Chapter 18 of the Code of Ordinances. s:lour documentslordinances1091one-waystreetandnoparkingordinancehickoryandoak.doc SECTION 9. This Ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: y Page 2 This page left blank intentionally A~1~I~A INFORIVIATI~N H~~T A~~N~A DATE: Febraary t7, ~~~9 D~PARTNi~NT; I1ega1 Department ~]C1ACIVI: Anita Burgess, City Attorney UBJT: Receive a report, hold ~ discussion and give staff d1rection regarding the formation of a Charter Revre~v Comlrnittee. BACR~UND: Issues have been raised regarding consecutive City Council terms and term limiting provisions under the City of Denton's Charter, Article ~, section ~.~1. 'This Resolution ~~ to establish a committee of citi~en~ mho mill can~der and advise the City Council of Denton v~hether and. ~n what manner to revise the current City Charter provisions governing mayor and council member terms of service andlor changes cfpasrt~an during terms of service on Council. The Resolution before the City Council mill create the committee. In the event that Council passes this Resolution, Council will also have an opportunity to make appointments to the Cartnittee pursuant to an agenda item pasted later in this meeting. OPTION; Approve or deny the Resolution. R~~~DATION: staff recornrnends approval. ~TAL INFORN~iATION: None Respectfully sub~nltted, ,. S..S An1ta Burgess C~~y Attorney S:1Dur D~cumentslA~i~~ellaneo~s1~91AI ~nrkse~sian Darter R~vie~ ~om~nittee.doc This page left blank intentionally AGENDA INFORMATION SHEET AGENDA DATE: February 17, 2009 DEPARTMENT: Finance ACM. Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to approve an agreement with Fidelity Express to provide additional payment locations for utility customers and providing an effective date. Public Utilities Board recommends approval (6-0). BACKGROUND Fidelity Express is afull-service bill payment network of agent locations who accept cash and checks for in-person utility bill payments. Staff would like to provide our utility rate paying customers with additional locations for making payments. Staff believes this will 1) improve the City's current bill collection and processing, and 2) offer an additional convenience to the City's customers. Fidelity Express operates and currently provides money orders and other services at convenient, readily accessible retail locations, which are capable of processing the City's utilities customer payments in an efficient, effective fashion; depositing said payments in designated City accounts; and transmitting payment information to the City. In addition to the amount due to the city, a utility customer will also be paying to the Fidelity Express agent a transaction fee (solely for the benefit of Fidelity Express) not to exceed $1.50 per service bill. Under this agreement, 12 locations will be able to accept City of Denton utility payments as an authorized payment location. These locations, however, may change over time according to individual vendor agreements with Fidelity Express. This will allow customers to make payments in person seven days a week with extended hours. Currently, 43% of our customers make payments in person. As such, we will be offering an additional option for our walk in customers by adding this payment option. If approved, Customer Service will promote the other payment locations through bill inserts, literature in the lobby, and customer service interactions. Staff is planning to provide the City Council with more information regarding the strategic direction of Utilities Customer Service. On March 10, 2009, a work session will be held with the Council to discuss the specific strategy that is recommended. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board discussed this item and recommended approval of this item at its January 26, 2009, meeting. Agenda Information Sheet February 17, 2009 Page 2 FISCAL INFORMATION The third party payment service will be provided at no cost to the City. The $1.00-$1.50 convenience fee is charged to the customer at the payment location. The City of Denton may be charged $3.50 for each returned check item, but this is a fee we are already paying our bank for returned items. No other fees or costs will be incurred. F,XHTRTT~ 1. Fidelity Express Locations 2. Map of Fidelity Express Locations 3. Public Utilities Board Minutes 4. Ordinance Respectfully submitted: Bryan Langley Director of Finance Prepared by: ~'~ Ethan Cox Customer Service Manager Z ~ ~ Z ~ ~ Z ~ N p w ~ 0 U ~ w ~ o U Q ~ Z ~ p w ~ o U a Q ~ ~ Q w w N ~ w r ~ r O Q Q Q N Q r ~ ~ ~ 0~ ~ OO J - ~ a - p J - a ~ ~ ~ J - Q p w 0 ~ Q ~ = ~ ~ Q oo 2 ~ J o ~ ~ ~, ~ Q ~ ~ _ ~ Z `~ ~ J p ~, ~ Q ~ p ~ = (~ p z 0 ~ ~ z 0 ~ ~ p = (~ p ~ (~ V ~ ~. O ~ ~ ~ ~ ~ ~ ~ Qj ~ o d0 ~ r ~ ~ ~ d0 ~ N ~ ~ o ~ ~ N ~ J ~ oa. ~ o ao aQo ~ oQo aQo ~ c~ ~ oQo ~ W r N N r d0 r 00 0 0 ~ ~ ~ r N N ~0 ~0 r ~0 ~ r O H O Q~ ('') ~ ~0 ~ ~0 ~ ~0 ~ O ~ (`7 ~ N O d0 r d0 ~ 0~ O ~0 d0 a ~. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N N O ('') N O O O O I~ O (A Vl A' W ~ ~ N ~ ~ O ~ ~ O ~ } V ~ O r ~ ~' O ~ ~ ~ O ~ } V ~ l() O ~ } V ~ O r ~ } V ~ r 0 ~ } V ~ r 0 r ~ 0 ~ } V ~ 0 L N N N N N N N N N N N N W - Q~ ~ ~ L ~ ~ ~ 3 = `~ ~ ~ p _ ~ 0 3 ~ ~ p ~ ~ \ / ~ ~ ~ ~ w / ? ~ ~ ~ N w O J = ~ 0 N Z ~ c~ J ~ ~ 2 w ~ c'~ ~ Q W z Z O Z J Q ~ r w Z Z ~ ~ w .p ~ p ~ ~ / ~ 3 Z Q J Q ~ r L w Z .p f~ 0~ ~ O ~ 0~ O N r O r V (~'~ ~ r f~ r N Q ~ l() r r f~ l(') r O ~ l(') r r ~D r r N ('') Z 0 Z w ~ w ~ ~ Q ~ w ~ w ~ ~ Q Q w U w = ~ a 0 ~ ~ 0 `~ U U ~ U ~ 0 ~' U U ~ U ~ ~ w 0 O ~ ~ w 0 ~ w 0 O ~ ~ ~ ~ w Q z ~ j ~ p Q u U ~ w 0 ~ w U 0 ~ ~ 0 ~ z U ~ ~ w 2 U ~ w w U Z ? Z w 0 ~ w Z ~ 0 ~ w z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 m z z z z z z z z z z z ~ w w w w w w w w w w w Q p p p p p p p p p p p N Q 0 a~ p 0 U Q U 0 t/i .3 X Q 0 N .N 0 0 0 w 0 z CITY OF DENTON UTILITY PAYMENT CENTERS FY flT] ~ ~• _ _ ~.i, ;2B8j ~4 4 _ RPIEY __L~ooP Zee ~ ti -. _ ..,_ - -- .- I CORNER STOP 7286 N ELM __ -`• KENOS EXPRESS ~'~ ~° T78 HERCULES LN ~ `"~•_ \~~\ 1 3 `\y ~ \\~\ ¢I ! ~~. ~~, C; I l i~ ~'~~ ~! 31 :~ DISTRICT 3 ~ LS ~ ~ i '' - ~.___ . ' KROOER STORE N93~ / ~ ~ ~ ~ - ~ JS CHEAPER CIGARETTE W UNNERSRY DR" - FF5 C.C STORE • 610 W UNNERSRV ~ -~ DR ~ t y' >f~ , ~ coLlr: ~' ° DISTRICT 2 ° COIIEGE / iii 1M CNi84]AL SGtPURE__4 _ _ _ -__ _ _ _ _ _ -CONGRESS ~ x y waour ~ _ 1516EMCKWNEYD m OAK ____ _ --~--- ---' -____ .-.._ _- ~..~. FN.ze pi ~~ ~ o t\ ~ '~ _ ~, u '~, ~1`,f~• .,~~ EAGLE •. .~ _ ~ SIICKAND SA OFbENTON DISTRICT 1 - ~ -__~ ~w '•: / . ~ ~~ ~ 1500 N W5E ~ ~ wSURANCE SERVICES AGFNCYrc , 1171 TEASLEY LN _BONNO=BRAE ^~' ,'~ ~• \ \~ ~ ti f i ~ Ct1FF5 C.C 5iORE 07 ~ v o ~ 715 FORT W ORTH DR ` p~ '\ b ~•:\ KROOER STOREB _ ~. y 1592 5 LOOP 288 %~/ ~~ ~ er' • / OQ ~_____ 110850N __. .~_._____ ~• DISTRICT 4~ ~~' '~ 4 ~~ ~ r a ~~ ~. ` ~~ ~ ~ ~ & •7! ~ \ ao.M.~.~z ,- ~' 6 FORT SHELL DR r~ ~ ~~+ \` ~ // 1 Y~L s ~. ~I~•..~-T~y CnYM [~egm[y.~~ ~" .i.. i.~u.. pn~awe~...a~naw~r .a~r...~~•~~ ".. AYdL+fa eafwr c.~x.~J~ r..r ~~ l 3 i KROGER STORE SD21 TEASLEY LANE l~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DRAFT MINUTES PUBLIC UTILITIES BOARD January 26, 2009 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on Monday, January 26, 2009 at 9:01 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and Bill Grubbs Ex Officio Members: George C. Campbell, City Manager Howard Martin, ACM Utilities Absent: John Baines, excused Chair Charldean Newell announced with the consent of the Board and, in order to accommodate guests and to excuse staff not involved in the closed meeting, the closed meeting would be conducted following Item 10. Hearing no objection the Chair convened into an open meeting. OPEN MEETING: CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 9) Consider an agreement with Fidelity Express for remote payment acceptance. Finance Director Langley presented this item stating that the City wants to provide utility rate paying customers readily accessible retail locations. There are currently twelve locations around city. There will be a $1.00 to $1.50 fee charged to the customer and none of those dollars come back to the city. Staff believes this will create efficiency and will reduce the number ofwalk-in customers. Board Member Dick Smith asked how staff qualified Fidelity Express. Langley replied Fidelity is one of the largest providers with a number of locations around town. Smith next asked if there is $3.50 NSF fee. Langley replied that is correct. Board Member Phil Gallivan moved to approve Item 9 with a second from Board Member Randy Robinson. The motion was approved by a 6-0 vote. S;IQ~ur TJc~ct,m~~1C~r~in~nc~~9iFid~lify F~~ress.dc~ ~I~It~A~t~E 1~~. AID {~IN~N'~E ~.~I'TT~~I~TZI~r THE ~rT~ ~A~~~. T~ ~iFP~.~-V~ AN ~.~rl~.E~NiENT '~~'~I FII~~LTTY ~~'1~~ T~ PT~~~`~~ A~I~I'~C~1~~L ~A~NI~~'T L{~C~iTI{~~T~ Ft~R T,~T~LIT~ ~J~TON~; A PR~IN~r Ali ~F~E~~TI'~E ~AT~. 'I'II ~~~T~~L CAF T~ ~~'~ ~F D~~t'TQ~T HE~'~ ~~~: ~~~TItJ1~T 1. Tho ~it~ council h~r~~y ~~t~ori~ the x~ ~~~', ~r his d~esi~pe~~ t~ ex~~ut~ ~. a~rcemont ~o~ the pity of I~cnton and. Fic~~li ~~rr~s~~ ~~.~sta~tsall~ ~~. the form th:a~ is a~t#a.~h~ h~r+eto? and mic a past h~ec~f as `bit ~{~~' ~th~ "~~r~e~,on~"~, ~~. behalf ~~' ~.~ ~i~r. ETI{~l~ ~. Thia ~-rdil~an shall bccomo ~~eoti~re niat~I~ upon its passe a~ad ~A~~1~ A1~1T~ APP~C~ this the ~.a~ of ~0~9~, ~!C.A~I~. A. ~U1~U~r~~, ~tIA~C~R ~.'I"TET: ~I~NIFE~ A~T~R~~ ~ E~TT ~: 3'P~.~D A~.~ T~ L~~~.L Ft~~: A1~T`A~ ~UI~.~F1S~? CITY' ATTO~~ B~: t r ~~ E.xl~ib~it A~ THE STA1E OF TEXAS )( COUNTY OF DENTON j{ A~RE~11~~1T ~ A~FE:~ENT, by and b~,ween. THE ~~ t~F D~E~'I'~?l~i', TE~:A ~hareina~er cared "~Y'I'Y"} w~.th its principal ~f ices ~t ~ 1 ~ East ll~~~inney ~t~at, I~~,tta~n. ~i :Ha1~, ~~nton, Texas '1~~a1 and. FIC~EI~ITY ~~~~, a di~isian of~S~ E~"TE~tP'RIE~~ INS, {her~i~n called "Fidelity E~pr}'~, a T+c~as carpora~.:~r~ ~ia~in~ its principal apices at 1 ~8 ~~~~rsa~, ~ulp~~r ~pr~~.,~s, Texas J ~ i~~f ^ f y,J~~ SETH REA, IT~~ desires to provide its utilityrata-la~,Ying custQn~ ~it~ r~~#ail p~~m~t prac~ sar~rices that will impra~e ov.ll ~.~ ~:[TY' ~ current hill ccall+~cctian and processing; and ich will result in canvenien~ to the ~IT'~' custo~nera~ and ~E~F~45, Fid+~l~ty Express +~perates ar currantly prw~rides Caney orders and ~-~.~ services at +~anv~enient, re+a~il~ cessible, retail l~catrans, Mich are capable afp~-cessing the ~lT~' ~ utilities customer payments in . ef~i.~cient~ e~`e~c've fashion; dep~asiting said payments in desit~ed ~lT~ aaunt~ at specie banl~ng ititutians; and tsmit't~~ payment infarma~ian to the ~IT~'; and. ~4rHE~F~~, Fidelity Express agrees and wig at all tir~aes during the tens ~fthis ~.greement pra~de a mini~~n~n of twelve ~ l ~~ lcatians in the ~ and ~ conti~uaus cides to a~~ept the ~CI'"'.~' uti~~ cust~~ner pa~nents, and Fidelity Expos wi11 perform then+saary remit~anc+~ pra~c+~ssing; and In consideration of the mutu~. covenants and pra~aises, aid. the pre~n~is~ her~~er contained,, ~IT~' anal Fi+~elity Express horeb~y ~.~.EE as follows: I, I~es~n'„~~ of ~~r~i.s Fidolity Express shall pmvide the follt~w~.g pa~rn.+~t prc-cessing services to ~IT~ d~urin~ the turn of this ~greexnent, until amended ley a writing that is sued by bath the ~I'I'~ and. Fidelity Express, or until ternainated. as provided far ham. ~.. Fidelity Express s~ provide a rninvmurn of twelve ~1 ~~ retail locations far t~.e collection and processing of CIT'E'' utility +custamer pa.ents, in the ~IT~ and in cantig+aar~s cities. ~. ~ C utility ~~stamer pays to the Fidelity Express agent a ITS ut~ity service 1ai11, as well a~ pa~y~rng to the Fidelity Express agent a transaction fee ~sQlely fez the bene~.t of ~a~~~ 1 of 11 Fidelity ~xpress~ not to excd $ ~.~tl per service bill, and ~e agent immediately enters ~e infc-rrnatian into an a~-opc~a. ~ataba~e, n~h ~at~b~ase sh.ail be agr~d u~. by the ~~TI'' and Fidelity l~xlp+ress bef ore this .~~n.ent ~camm~as. This paym~t may be in any ~mb~inatic~n of cash, personal cheep cas~ier~ s checl~, certified +~l~eck or money order. The agent's teml%nal emits this data. irrnna~tely to Fidelity express. ~. tin the same business day ~1/-ay ~ ~, Fidelity L~xp~ress shall enter payment infamaatian into its database systena~ it shall process said infc~:tian; it ~l recon~le output w%th Beta's and batch ~tals at ~ : p~.ml.; it sh.a1,1 create an eleetro~c ~.le and. the transmit the i~tforrna~.on to ~e :~ by ~:~~ p~.~n. Fidelity Express shall nc-t~y tT electronically, ~ customer.servri cecityafdentan.cQn~,, or at a designated f~lx number, to report the fatal number of item and the total dollar arnaunlt transmitted firm Fidelity F.~press tc~ the CITY for that baltch. 1~. .e business day following that Day ~ ~, Fidelity ~x~press for~varcls via ASH the monies obtained from ~~TY'~ utility customers, Ito the designated~:C~'Y' aonnts at a~~proved baring i~titutr+ans sa that the hands are available far the ~i'T~'~~ use an the second business day following the payments ~-ay 3~. Fidelity Fxprs shall notify the SIT electronically immediately thereaera at cu turner.serviceoityol'denton.,com or at a desi~lted fax number, to report the e~.act do~.ar arnc~unt that Fide~.ty Express depc~si~ted. E. The above is only a general descrip~.an of services. Fidelity Express will accept reasonable m.adi~eation~ of the procedures described in the p~racedures set forth in this Paragraph ~ herein, with sny such res ssc~ualble n~adi~ca~.ans to 'be sab~tted by a~ne pa~Y to the other party to this Agre~a.ent in writing from tianle~to-tim.e and as agreed.-up+an. ~. Term This ~.green~e~.t ~~ became effective upon execu~..on by the and Fideli~ Express sled shall remain in force and effect far a period of one ~ 1 ~ year from the 1 ~c day of April, 20~~ artd expires the 3 ~ st day of ~alrch, ~~ 1 Q. l~owever~ this agreement will autnrna~ tally renew faradditional. one-year terms unless ~uritteu. na~iee of termini.an is recei~red. by ~.ther party' at least thdrty ~3 t~~ clays prior to the date of e~.pira~.or~ of this ~.greenlent. Yt isexpressly und~ad thst ~ and Fidelity Fx~~ss may cc~nth,.ue rv~%ng ~ .~g~r~e~aent, h~~wever, o~.y un~l the fifth anniversary ofth+a sing of this original Agre~a.enta at that tiu~e this ~.greement is deemed t~.ated. ~. Termination ~.~I Ter.~inaltion for Conve~ence ~~7~1 1 I \~ The ~[T~' or Fidelity l~xpress may terminate thi.~ .dent far any reason by written notice provided to the other party at least ninety ~9a~ days before ~a~~ 1 of 11 the expiration of the one-year team or extension of term. Upon service of said notification the parties shall have no further obligation to each other under this Agreement other than to faithfully perform this Agreement u~il its expiration date, and to maintain the confidentiality of any proprietary information previously provided. Fidelity Express shall cease all operations required under this Agreement on the date of termination and return to CITY, as soon as possible any and all of the CITY'S property which it maybe in possession of, on the date of termination. 3.02 Termination for Default In any event, this Agrcement may be terminated by CITY in the event Fidelity Express shall breach any material obligation or material covenant hereunder, and such breach is not fully remedied within thirty (30) days after receipt of written notice thereof provided to Fidelity Express, setting forth the specific instances of default complained of, and stating what actions must be done by FIDELITY EXPRESS to cure said default. In any event, this Agreement maybe terminated by Fidelity Express in the event that the CITY shall breach anymaterial obligation or material covenant hereunder, and such breach is not fully remedied within thirty (30) days after receipt of written notice thereof to CITY, setting forth the specific instances of default complained of, and stating what actions must be done by CITY to cure said default. 3.03 Termination for B Either party hereto shall have the absolute right to terminate this Agreement upon the receipt of fifteen (15) days prior written notice in the event of a filing, by or on behalf of the other party, in any court, of a petition of bankruptcy, or insolvency or for a reorganization, or for as appointment of a receiver or trustee of all or part of that party's property. 4. Risk of Loss Fidelity Express shall bear all of the risk of loss for all CITY'S utility customer's payments that are received by its Agents, its retail outlets, or its subcontractor(s) that maybe lost, stolen, destroyed, embezzled, or mysteriously disappear, for anyreason prior to the CITY' $ bank accounts being properly credited. Fidelity Express shall, in order to protect CITY'S interests, maintain insurance, at its sole cost, and in sufficient amounts and form to adequately and completely cover any such loss to the C£TY. Page 3 of 11 In the event Fidelity Express shall suffer such a loss, it shall reconstruct the missing payments, and shall deposit in CTTY'S bank account an amount of equal value, within seventy-two (72) hours of the time the loss was first discovered by CITI' or by Fidelity Express. Timely Performance Both parties hereto acknowledge that all parts of this Agreement will be executed in a timely manner. Fidelity Express agrees and will communicate to its agents that its performance will be executed diligently and without intenuption to insure that the CTTY'S banking accounts will be credited within the parameters set forth in Article 1 hereof, 'Description of Services". Notwithstanding that the CITY' S designated bank accannts have been credited within the parameters set forth in this Agreement, Fidelity Express bears the full responsibility for daily reconciliation and balaa,cing of CITY'S utility customer accounts. Fidelity Express shall perform any transaction research necessary to reconcile the CTTY'S utility customer accounts, which are out of balance due to the action or inaction of Fidelity Express within five (5) days of notification thereof by the CITY and at no cost to the CITY. 6. Force Majeure Neither party hereto shall.be held liable for any delay or failure in the performance of any part of this Agreement from any cause beyond its control as a result of the following: acts of God, acts of civil or military authorities, government regulations, embargoes, epidemics, war, terrorist acts, riots, insuurections, earthquakes, nuclear accidents, IIoods, or volcanic action. ?. Payment Locations Fidelity Express operates an agency consisting of many retail locations and/or sells money orders and other services in retail locations, which among other things, collects utility bill payments on behalf of the CITY. A list of these payment outlet locations will be provided to the CITY prior to the commencement of this Agreement. CITY shall retain the right to approve the list of payment outlets to be used by its utility customers and may request Fidelity Express to add other locations, which maybe muhially agreed upon between the parties. The listing of authorized agents will be kept confidential by both pasties and shall not be released to any third party as it is proprietary information. If, in CITY'S sole opinion, a certain payment outlet or group of outlets are not providing for efficient, convenient, courteous and secure processing of payments, the CITY shall so notify Fidelity Express in writing. If the problem is not resolved to CTTY'S satisfaction within seven ('n calendar days, Fidelity Express shall desist in the collection of the CITY payments at that outlet or group of outlets, and deposit into the CTTY'S account(s) all customer Page 4 of 11 payrn.ents received. to date, ~d modify i suns and prom-atianal materia~l~ to indicate such change. 8 . Inde~-an~~antractar ~~T~' agrees that ~.n the ~iarmance cif the work. ca-nte~uplated hereunder, Fidelity Express shall be an. independent contractor and is not an ernplayee afthe ~I'T~'. workers engaged by Fidelity Express regarding t~s Agreement shall at all times be ~nsidered the employees of Fidelity Express, amd nv~t those afthe ~TT~. That Fidelity Express will accept aid assurne exclusive liability and shall bald. the CITY" harmless in the payment of any and a~. cont~bu~c~~, assessments and deductions made an behalf of Fidelity Express's employees e~agaged in the perfar~..an.~ of the work hereunder. ~latwithstanding any existing principallagency mla~onship between Fidelir "mss and any other party', such in stare outlets or subcc~nlractors, Fidelity Express agrees that ifi shall hear the sale respaib~' ' far the perfe-rrnance of the work as speciFied. hereunder and shall safely hear all risk of lass as specified in article 4. Fidelity Express reserves the right to select and engage Fidelity Express lt~ca~,ons. The ~;[T'~ a agrees not to meet ar discuss qty contractual relatiar~ that Fidelity Express has or nsight have with any Fidelity Express went ar any other thixd party. exception to the ~c~regaing is c.catia~n to any re~;ulatary authorities. ~. +~am~,ti..an ,~ Fidelity Ex~pre agrees that ~~'.~' utili account custam.ers who elect tc~ transact their payment wing the services afFide'ty Express ar its agents, ra,~.be chgerl ~, transactia~n fee by Fidelity Express not to exceed ~ 1. ~~ far each payrcr-ent they me at auth~ri~ed. Fidelity Express agent, The shave represents the sole and exclusive +cc~mpensation payable to Fide'ty Express. The ~TT~ sha11 re+ive no part of the fee l o. ~~+ P'rocessin~ Fidelity Express shah natil~y the CITY' by facsi~a.ile ar a mutually-agreed upon format of any eu~sta~rner payments by check. received by agents which are dishonored ~i.e. l~F checks}. Fallawin,~ rec~.pt anal na~hcatian of l~~F checkks, Fide~.ty Express will raver the total ama~t of any returned NSF che+~k principal by deduct~.g the total am~aurtt of such ~~F check princlpa~ from ~e next day's settlement depasxt or by same other method that is acceptable to bath IT`Y anal Fidelity E~.press. However, appropriate b-aek-ups ir~fa~a~en must accan~pany gay such dedu.i,on. ~ ether words, Fide~.ty Express will provide returned check amounts w1~ carrespor~dir~g cn.stomer account nuamb~rs equali~tg the amount deducted franc die notice by facs~i.le ar auather mutually agreed upon format, d Fidelity Express shall mail such dishonored chi ar email thereof and a sepaxate swrrnnary tha~eof in the united Mates mail, l~rst Mass postage prepaid and addled ~ CITY at the address set fad in ~ectic~n 17 hereof. ,~11 Barak ~er~ice Fees will be assess.and billed at a rate of $~. ~ ~ er presentment of return checl~s to the C~ c-n a monthly bads, and shall oat be applied against any settlern~ent depQSits. ~t this paint in time the parties hereto specifically agree that Fidelity Express may collect any CITY utility customer payments that are payable by p~rrso-nal checl~. The CITY shall earaluate the progress ofthis method t~f payment and cc~unicate its desire tea m~adify or continue this rnethad of papment. 1 ~. CITYl h'i.le Traur~s~n~ssian Raquirement ~f the ~~ currently, ar subsequ.e~tly during the period ofthis Agreement, req~ixes Fidelity Express toy transmit payment tiles over a vi~~ Private 1~letwork, data cloud, secure netwc~r~, c#c., in amncrhlch requires FidelityE~press ta- acqui~ additional hardware ar software to co.unicate artraa~n~it the files, the iTY ales that any and all ee~ts related tc~ the pa~'chase of the neces~a sa~ware, licenain~, fees, etc., as well to transmit the daily files, shall barns solely by ~Y, otherwise, normal insta~iation, setup and daail.~r the transntissic~ns ire at no +cost #a the Cl~`~'. 1~. ~.ecc-rds ____~~ 1 ~. l l~uxing the #erua of this Agreement and for a prod ~;~ Dive ~ ~~ gears therer, p`idelit~ Express shall ~eepa rnntain and preserve, at p`idelity Express's principal af~.ce or an an alternate sect~e laca~ion, in the Bonn. taf hard cc~PY, micro.h.che, nticna~lm, car electronic media fail rrds of all transactions relating tea the work Fideli~ Express perforaned under this Agree~aent. TJpon ten ~10~ daps reasonable ad~rauce written notice, which natic~e shad spccify the accounts, xecards and hood r~uested far vi~vving, e CITY and its auditors shall be afforded adequate work space and shall. have ~. access during normal business hours to inspect, audit and reproduce any and all snrh acrcaunts, nerds and boc-l~s a-f Fidelity Express. Agreements between Fidelity Expr ess and any of its sutacontractors or Agents shall contain a provision identical ~ that s#uted above. To assure the quality of ser~.ces provided to the CITY, Fidelity Express shall maintain a routine audit of its subcontractars'~Agents' facilities through~o-ut the performance of this Agreement, which audit array be requested from time-tt~-ti~.e by the CITY upon ten. daps advance written notiee. l ~.~ .~11 bc-ol~ss, reca~rds, da-cutu-.ents anal oth+~ evidence pe~t~~ining to this ~.~reernent shall he made avai~abie at its home ores at sulphur springs, Texas. The cost afsuch audit shall. be borne by the COY, provided that the end resul# of same is that there has been a anc-half percent ar less underpaymeent to the CYTY. ~f therc has been a greater than cane-half percent underpayment to the CITY, the r~ana1,-le cost ofthe audit, including an~r travel costs cafthe CY'.I`Y auditor~s~, must be borne by Fideli~r Express, which arntaunt shall bye due and payable Pale ~ of It within ~15~ days aver Fidelity Express' receipt of an iteuli~ed and ro erl . ~ ~ ~' da~cumented .voice from. rho CTT'~. Fa~Iure to comply with ~e pro~risions afthis Para a h ~' ~ l~.Z shall be deemed a mute breach of this A~reexn~at. I ~.3 ~IT'Y~ sha11 have the right, with reasonable Friar advance written natlce t~o Fidelity E~pres~ or its payment loca~otts, to enter uFon the premises of its payment locations in c~r~dcr to observe the o-pera~tic~n of the payment Inoati.ar~s aid tc conduct such tests as it deems necessary anal appropriate to verify ~e integrity ~~' the payment prc~essing procedures. Further~no-re, upon reasonable notice to Fidelity ~pressa wb~ch sh~i not be less ~. twenty four ~~4} hours, ~.e ~ sha11 have the right to o~-serve Fidelity Egress's op~eron ~ order to verify compliance with the tee anal con~i~.ons of this Ag~~aernent, 1~. Znd.ei~icada-n Fidelity Express shall inde~nni#'y and bald the ~IT~ harna~less m and ag~st any and all Ioss, da~na~e and liability arud: firm ~y a~ad all claims and de~nartds, suits, a~ctra-ns and ~udgna~ents f€~r damages on vaunt ofor~yren+ofbodily ~~~s inclu~~ing death, and any and all damages to prnp~ including pmpcrt~r of ~T~"~, which may be sustained or claim. tc~ have been snrtaincd by any pers~an, including e~nplvyees ofthe ~a Fidelity Express and of any sub~c~n~actor ar its agents, servar~.ts or e~np~%yees and firm all ~cas1 ~.d expenses in ~y such snits, demands, actions, c}ain~s or Proceedings, whether ,groundless or IIat, which maybe brought against ~IfiY' cause by or arising out ofa ar claimed to have be,~ caused by or arisen. out of or in ca~nn.ec~ort with any wox~ lone or Performed bey Fidelity Express or Fidelity Expresses failure to da or rf+~rm any work required. to be done sunder a terms of this .~g~ee~nent or ~e negligence of Fidelity ~xFress~ its agents} servts ar ern..ployees iri runection therewith, Qr Fidelity Egress's failure ta~ cc~rnpiy with any provisions or rents ofany laws, rules, regula~ons or permits of any duly constituted governmental authority, which are or may be imposed upon the CITY or Fidel Express ar any ohligati+ans assumed by Fidelity impress hereunder, and Fide~ty Ems sf ~~,1, at its oven. cost and earpense3 def,.d any such suits,action.s, demands, cl~ or proc~din,y whether groundless or not which maybe commenced agar the ITS by reason thereof, ar ~ conn+on therewith, and Fidelity Express sill pay and satisfy any and all ~udgmts which may be recovered ~. any such sits, aeons} dem~ds, claim or proceedings, a~ad defray ox re~he any and all e~rpensesa including costs and attorney's few which may be i~c~ in or bey reason of such suifi~, actions, demands, claims yr proceedings anal beep the property of the ~'IT~''' f r+ and unenbemd of arty charge or lien adnst it cif any kind, The tal~ng out and maintenance of arty insurance shall not relieve Fidelity Expre from its ob~iiga~on to defend and protect the ~:~TY to the full extent ands for any failure so to dc~, to indemnify and save l~nl,ess the ~IT'~', all as hexein Provided, without any ~ita~.nn as to am+aunt and reg~~rdl.ess c~fthe ~.nrrits of insurance. The ~.aahiiity of Fidelity Express under this ~gree~nent and its ~ahliga~.an to indemnify CITY is absolute and con.~inuous and~ves comp-letian orterrrtina~an efFidelity~~.press"s word b~ere~.der, aid by th+e ae~tance and payrr~.ent ~.ereaf, neither the ap~pm~val ~-y ~TI"Y ofthe Pale ? of 11 methods ofdaing the work for ceder this Agreement nnr the failure afITY to caxl atteatian to iampraper ar inadequate methods nQr to ruse ~. ~han~ge in. methods nt~r the neglect of the ~~T'Y to diirect Fidelity Express to take any particular pree~utic~ns or to refi~in from da~ing any particular thing sha11 excuse .Fidelity Express in case of any such injury t~ person or d.a~aage to F~ ar release it from lia~~bility here~,der. 14, l~, 1 ~. 1fk ~~n~fidentlah~r Any infar~aaatian pro~d~. to ar rec~.~ved by Fidelity Express regard~g GIT~ ut~ty customer hunts shall he held in a highest c~nfidenGe and not disclosed to any third party wzthaut the express writfet~. p~~rmissit~n of+~.I"T'S~, Additionally, any prop~i~ infarmati~an. pna~ided by Fidelity Express to ~ff~ sha11 n+~t he disclosed. by Cl~ t~ anythird-party without the express written consent afFidelity Express, and cash p~ ads to ttea# such infarrnatian with the sarn.e st~ad;ard c-fcare that it uses ~v%th r~p~t to its awn praprie#ar~r infarn~ation to prevent the iufarm.aonts disclosure to third parties. Pul~lici ~ ~,1 T~.e I'T~'~ at its ap~an~ may pra~ide Fide~fiy Express v~ith signs ar other promo~.anal material .tended to i~or~. C~~T`Y nti.lity customers of Fideli.t~ Express leeatians~ which are appra~ed tc~ handle its hill payn~,ents, The ~~T"~' shall in no way he respo~ible for pra~.a~ti.ng ar advertising the ser~rice$ ofFidelity Exl:~ress. 15.E All .advertising or prama~.c~nal material utila~ed to premat+c use of Fidelity E~ss ser~ces to :~rY custarners ~.al he preWappra~ed by the ~~'~ in writ~.g pxiar to any use. ~a~.pliance with Ls.~v In. the perfar~auee of this Agreement, Fidelity Express a.,grees to comply with any and all lal~ pity, ~a~~nty~ Mate and Federal laws and regular uns they may apply to the services pm~ided. hereun..der ~iucluding ~~HA~. ~at1C~s Any written. natlce required. by the terms afthis A~reem.ent shall be deemed tc~ l~ s~i.ciently ~.ven why sent by cfi ar register+cd .ail, pasta~e prepaid, to the respecttive parties as fallaw~s: pity oaf l~eenton# Texas and pity of l,~ent~~. Texas tamer ~er~ice impartment pity ~+Iartager ~~ ~ East Hicl~ary street ate F ~ 1 ~ East ~c~inney street I~entt~na Texas '~~~~~ I~entan, Texas 7~~01 gage 8 ~af 11 Attn: ~. fox - ~Ianage~r Telephone ~94~~ 349~W14~~ Fax: ~~~~} ~~~-~~ ~ 1 ~le~tronic: Ethan. C~xa cityafdenta-n. com Fidelity E~p~ ~ ~ivisi~n of ~~~ Ent ,, ices, inc. P.~. Boy '7~$ 13Q~1 l~[ain ~~reet Sulphur ~p~ngs, 'F ?~4~~ ~t~:11~s. F, ~do~~n - I~i~isian tanager Telephone. ~~+~-~~I-S~~~ ~x#. ~~~ Fax: $7'7-~1~-24?(~ ~lec#~-nie: pvd+~Yn~~fide~ityexpress.cam The f~xegc-ing addresses and infan~natian may b-e chan~1. at any time by wt~itt~n no~ces to ~e other pax~y. 1 ~, Header The headings in this .~genaent are fat canvenience only and ~ nothe constrnedta dune or limit any ~errns. 1 ~. waiver ~f ~i-.t ._ .~ ~o ~ of de~ing car failure afeith~ pY to strictly enfarce arty terns} right ~r canditYOn of this ~ig~eem.ent shall. be +~-n~tra~ed as a ~raiver of such t right ar candi~i~n, ~. l~in~ ~ and, ~.~si ~t This Agreement shall be ham. upon the p~.es and their successa~ and permitted a~~ig~s, The ~I~'Y' reserve the right t~ assign this ~~~nt to any wh~lly~awned suhsiary ~r any afh.liate ~con~pany +~f Fid~e~-t~ ~~cpress~ pra~ided that ~.e su~hsidiary ar affiliate of Fidelity :press is +~f equal ar greater creditwarl.ess, as ~easanably determined by the ~IT~. .~1. ~+ove~nin I~a~1J'~dietlan This agreement sb~1l ~-~ ~o~~ed under and. gavcrned by ~e laws of ~e Mate of Texas. Tl~e pa~ies ~ that any action arising aunt of this .~gr~eem.ent ar hrea~ch thereof shad. be cannmenced ~, the cam afapp~ra~priate~urisdiction that is located in i~enton ~~aunty,'~as anal ~e pales hereby consent tea ~.e ~urisdictian and venue ~f any such court. Page ~ ~~' 11 Z~~. S~y ~iii,~i In ~c event that ane er more praians c~antai~~ed in this A~ree~nent are far an.~ reason 1~eid to b+~ unenfarceahle in and respect, such. une~foreeahility shah nit affect an~r ether term or oundi~.an of this a~m.ent and this a~reenaent sha~1 he canstr~ed. as if the unne~.fareeahle pruvisian ~-~ nat contained in this agreem~t. ~~. Entire ~.~ree~ne~t ~'he pa~aies ac~nc~v~led~e that they have read this ~gree~,ent and und+crstand it and a~ee to he bound h~ its terms anal cond~tie~ns. Further} the parties a~C~ than it is a complete and e~.clusiv+~ statement of the ~gree~ent beeea them. v~hich su~e~edes alI other pr~pasals and ~riQr a~reemcnts~ ~aral or written, and ~ other cc-rnmuni.~ations herccn the pa~ies relating to the subj eat n~at~ a~f this ~l~r~ent, iii'1.V~LJ~ L' j~La~ Late ,~. ~ ~.T'1'E~fi: "CI'F'Yy' ~TT~' ~F I~l~l~'T~~, T~-~ 1~.'Te uniapa~ ~arp~txari ~~,. 'Tide: I~~.te; Page 1~ of l1 ~1 il; ~~~ T 1~ l~l'~ Y Y 17.L~1~~~~! Vt 1 1 ~l\.1:.rr111J,t 1 ~~. This page left blank intentionally AGENDA INFORMATION SHEET AGENDA DATE: February 17, 2009 DEPARTMENT: Materials Management ACM: Jon Fortune Questions concerning this acquisition may be directed to Jim Coulter 349-7194 SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 4239- Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the annual estimated amount of $1,300,000). The Public Utilities Board recommends approval (5-0). BID INFORMATION This bid is for the annual contract to supply water treatment chemicals for the water production and wastewater treatment process. The chemicals are delivered in bulk quantities to on-site storage facilities. RECOMMENDATION Award to the lowest responsible bidder for each item as listed below: Item Description Price Vendor I LIQUID CHLORINE, NSF 60 CERTIFIED $0.2445/LB DPC INDUSTRIES (ONE TON) INC. 2 LIQUID CHLORINE, NSF 60 CERTIFIED $0.2745/LB DPC INDUSTRIES (BULK) INC. 3 SODIUM HYPOCHLORITE $0.0845/LB DPC INDUSTRIES INC. 4 FLUROSILICIC ACID, HARCROSS NSF 60 CERTIFIED $0.325/LB CHEMICALS, INC. 5 LIQUID CAUSTIC SODA $0.4674/LB K. A. STEEL NSF 60 CERTIFIED CHEMICALS, INC. 6 POTASSIUM PERMANGANATE $3.13/LB IVAR USA ~ ANHYDROUS AMMONIA, $0.6150/LB TANNER NSF 60 CERTIFIED INDUSTRIES, INC. 8 CATIONIC POLYMER, NSF 60 CERTIFIED $0.5900/LB POLYDYNE INC. GENERAL 9 LIQUID FERRIC SULFATE $.1415/LB CHEMICAL PEFORMANCE PRODUCTS LLC Agenda Information Sheet February 17, 2009 Page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its February 9, 2009 meeting. PRINCIPAL PLACE OF BUSINESS DPC Industries Inc. Univar USA Cleburne, TX Dallas, TX Polydyne Inc. Riceboro, GA Harcross Chemicals, Inc. K.A. Steel Chemicals, Inc. Tanner Industries, Inc. Dallas, TX San Felipe, TX Southampton, PA General Chemical Performance Products LLC Parsippany, NJ ESTIMATED SCHEDULE OF PROJECT This is an annual contract with the option to renew for additional one-year periods contingent upon all prices, terms, and conditions remaining the same. Delivery of individual chemicals varies from three days to two weeks and will be ordered as needed. FISCAL INFORMATION Funding for these water treatment chemicals will come from account 630100.6334. Individual purchase orders will be issued as needed. FXTTTRTTC 1. Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4239 L M = Nn 0 Q m ~ {A L ~ 0 a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o =~ ~ ~a m m m m m m m m m m m m m m m Z ~ ~~ sa o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W ~~ ~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ~ C 3 ~ 0 Q U = ~ v Q _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ Q a v X m m m m m m m m m ~ W ~ m m m Z U ~~ O O O O O O O O O ~ ~ N O O O W = ~ Z Z Z Z Z Z Z Z Z ~ ,~ Z Z Z ~ a ~ L ~ Y ~ ~ ~ ~ c ~ -a -a ~ -a -a -a -a ~ ~ ~ -a ~ ~ ~ -o p ° u ~ m m m m m m m m m m m m m m m Z ~ ~~ ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W ~ '- a ~ ~ 3 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Y ~ J V J ~ ~ ~ f~ = J = ~ ~ ~ O Q L U fC ~ '- ~ ~ ~ ~ ~ ~ ~ ~ ~ O O ~ O O p ~ ~ ++ an m m m m m m m m m m m m ~ ~ Z W c~ o~ ~ s ~ ,aZ L o Z 0 Z 0 Z 0 Z 0 Z 0 Z 0 Z 0 Z 0 Z 0 Z 0 Z 0 Z ~ ~ ~ ~ ~ L U ~ ~ ~ as a o~ a~ = o Q L ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q ~_ ~ m m m m m m m m m m m m m m m Z ~~..~ ~ O O O O O O O O O O O O O O O W G ,V Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z > a o~ oc ~ ~ x L Q • ~ m m m m m m ~"~ ~ ~ m m m m m m Z ~ v ~ a ~ O O O O O O ~ ~ ~ O O O O O O W V U Q Z Z Z Z Z Z ~ Z Z Z Z Z Z (/~ O .-. ~ ~ .-. ~` ~ I H ~ o ~ ~ p o ~- Z o = ~ ~ v u ~ (ll O ~ ~ O Q ~ O L O ~ aLj ~ LL N ~ Z O Z cYj Z ~ O Z U O Z Z ~ I ' ~ ~ .. ~ ~ r O ~ 01 N H W~ o0Q U O O m O ° ~ ~o a ~ ~ ~ cn v cn O ~ cn v cn o ~ cn v cn ~ ~ cn v cn o. o c~ o v, v ~, OG to V W = W N ~ O ~ O ~ O 00 O p O D ~~ H Z ~ m ~ 'L ,~ ~ ~ ~ ~ 'p Lll ~ az ~ o~, ~ o~ m UN ~t7 v ~ v v ~ v ~~ u~ ~ v ~ ~ v Ul ~ v ~ ~ W O ~ O ~ O O ~ ~ ~ ~ cn ~ 0 Z 00 •L O _ ~ L .L O~ _ ~- L _ Q ~ ~. 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Q ~ _ ~ L ~ ~ ~ ~ O O L ~ •~ O ~ O ~ O O ~ L ~ U z o z O o z c z ~ -o ~ Z Y o ~ ~ o ~, ~ p ~ m ,~ ~ ~ ~ ~ ~ ~ ~ o O o o r~ E a ~ ^^ v ~, v ~, v ~, ~ ~, v o \ ~, v ~ ~ ~ ~' ~ } s nj } t } s ~ } ~ ~ ~ V ~ ~ ~ ~ ~ _ o ~ ~ o ~ ~ _ o ~ o ~ L o W ,C ~ ~ ~ '~ ~ m ~ ~ ~ E ~ [ ~ L v m L L .~' v ~ v ~ v ~ v ~ v (n C C ~ v ~ a ~ ~ if \l ~ ~ _ ~ V _ ~ (a ~ ~ L ~ ~ ~ a~ cc ~. ~ ~ a~ cc a° v cc L ~ v ~ u o ~ ~ ~ 0 U ~ ~ ~- _ U L O C v U L ~ _ • U L LL U L C O ~ ' N • v1 d O ~~ O ~ ~ ~ ~,~ O ~ ~ [ o O ~ ~ ~ O ~o ~ ~ ~. ~•- L Q L v ~ ~ N W U t _fl- W U ~ W U ~ W U •~' U ~ ~' -Q o c~ (II _ •L C ~ U) •L f0 U1 •L 6 U) •L ~ v ~ .- 0. ,_ a~ z a Q cn z a U z a ~ z a ~ L Q m U ~ = i i i i ^ L a v ~ u ~ v ~ ~ u ~~ J ^ Q O O O O O O O ' O ~ H Z O O O W Z Q~ O O O ~"~ o Q I CA ,~ • W H N ~ ~ OJ O O L M = Nn 0 Q m ~ ~ ~ ~ 111 111 Lf1 ~ _ _ V ~ L ~ 3 ~ ~ ~ 0 ~ ~ ~ ~ 0 ~ ~ ~ ~ 0 ~ 'O_ m "_a m 'O m O ~ ~ O d (~ ~ ~ N W ~ N N W ~ N O W ~ N u1 o w } W 'Q ~ ~ V O ~ , .1 O ~ , .1 O ~ , .1 Z Z Z ~ ~ ~ vi ~ ~, _ X v O 0 0 ~ ~ ~ ~' ~ ~ ~ -a -a -a -a ~ -o -o -a -o O Q L •~ ~ ~ L •u m m m m m m m m CD CD m m ~ W N 0~ O Z ,~ = W ~~ ~ v L ~' p. O Z O Z O Z O Z O Z O Z O Z O Z O Z O Z O Z O Z O } p~ ~ `~ ~ U ~ Q ~ a~~ O~~n rn 0 p ~ u u ~ ~ O~ ~ ~ ~o ~ u" m m m m m m m m m N W ~ ~ w o Z ~ ~N ~ I O Z O Z O Z O Z O Z O Z O Z O Z O Z M O ~ rIM ~ } ~(~ s ~ , .I N ~ ~~ U ~ ~ ~ a O Q OG v ~ - - - - - - - - 0 ~' • a ._ a ._ ~ ._ a ._ a ._ a ._ a ._ ~ ._ ~ ._ ~ ._ a ._ ~ ._ ~ ._ ~ ._ o ._ p ~ ~ -~ m m m m m m m m m m m m m m m Z v~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W ~ ~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ~ U op (/~ O ~ ~ ,~ ~` ~ I H ~ o ~ ~ p o ~- Z o = ~ ~ v u ~ (ll O ~ ~ O Q ~ O L O ~ aLj ~ LL N ~ Z O Z cYj Z ~ O Z U O Z Z 0 I ' ~ ~ .. ~ ~ 0 ~U r ~, O ~ ~ ~ O Oca 01 N H W~ o0Q U O O m O ° ~ ~o d ~ ~ ~ cn v cn O ~ cn v cn o ~ cn v cn ~ ~ cn v cn o. o c~ o v, v ~, OG to V W = W N ~ O ~ O ~ O p O p O ~~ D H Z ~ m ~ 'L ,~ ~ ~ ~ ~ 'p Lll ~ az ~ o~, ~ o~ m U i••i ~t7 v ~ v v ~ v ~ ~ u~ ~ v ~ ~ v Ul ~ v ~ ~ W O ~ O ~ O O ~ ~ ~ ~ cn ~ 0 Z 00 •L O _ ~ L .L O~ _ ~- L _ Q ~ ~. (J _ ~ L Q U _ ~ L ~ cn 'a ~~ _ ~ L u ~ J~ U v U ~ U~ v U ~ ~ v U ~ u v U ~ U a v U ~ a ~ Q ~ ~ ._ p ~ ~ ~, ~ O .- ~ p ~o ~ v ~ O .~ o O ~ ~ v •~ o O ~ ~ v ~ ._ ~ • O ~ v ~ I ~ LL V ~ U LL V •O -_ LL V L LL U ~ U~ W U ~ , IAI Yl Z ,6 ~ 'L .6 ~ ~ 'L O ~ ~ 'L ~ ~ _ 'L .6 ~ ~ _ 'L 0. ,_ ~ Q ~ z a ~~ z a ~ o z a ~ z a ~ m z a u ~ ,i ~ W vi ui ui ~ ui L ui ~ a zoc ~ ~ ~ ~~ o~ ~o .~ J W N O O O O p ~~~ H W O O O O O W z a ~U I~ ~ °o ~ °o ~ °0 ~ 0 o ° W ~ Z 0 W H N ,~ N fYl ~ Lfl a L 7 M = Nn pQ mp ~ ~ 0 '~ C L ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L p a~ _~ m m m m m m m m m m m m ~ ~ Z p 3 ~ o 0 0 0 0 0 0 0 0 0 0 0 ~ W 'Q ~ Z Z Z Z Z Z Z Z Z Z Z Z ~ N U vi ~ ~, _ X 0 0 ~ ~ -~ -~ ~ ~ -a -~ -~ -a ~ ~ -a ~ p L i u ~ m m m m m m m m m m m m w Z ~ ~~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 } =s Q z z z z z z z z z z z z U 0 o .- •- •- •- •- •- •- •- •- # ~ ~ p ~•~ v ~ ~ ~~ !~ ~ w ~ m m m m m m m m m w o~ ~ ~ Z I } ~ 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z } m v s ~ p ~ ~~ ~ U Q OC ~ ~ - - - - ~ - 0 ~ ~ ~ ~ a ~ o ~ a ~ p ~~ -~ m m m m m m m W ~ m m m ~ w Z ~ ~, O O O O O O O } N O O O } W ~ ~ Z Z Z Z Z Z '~ ,~ Z Z Z ~ U op ~ L ~ ~ ~ ~ O O ~ ~ • ~ ~ I/) L v ~ U O z o O z O o O z O z ~ -o ~ ~ o ~ c o ~ Z Y ~ ,~ ~, ~ 0 ~ m ~ ° ~ ~ ~ ~ ~ o o o r~ E a ~ ~~ v ' ~, v ~, v ~, ~ ~, v o \ ~, v ~ ~ ~ ~ ~ } s nj } t } s } ~ ~ V ~ ~ ~ ~ ~ _ o ~ ~ o ~ ~ _ o ~ ~ o ~ ~ L o W ,C ~ ~ ~ '~ ~ m ~ ~ ~ E ~ p ~ ~ ~ o L ,~ ~ ~_ C m [L L .~' v ~ v ~ v ~ v ~ v L (n Cv C ~ v ~ a ~ ~ if \l ~ ~ _ ~ V _ ~ (a ~ ~ L ~ ~ ~ a~ cc ~. ~ ~ a~ cc a° v cc L ~ v ~ u o ~ ~ ~ 0 U ~ ~ ~- _ U L O C v U L ~ _ • U L LL U L C O ~ N • v1 d O ~~ O ~ ~ ~ ~ ~ O ~ ~ [ O ~ ~ ~ O ~o ~ ~' ~. ~•- L Q L v ~ ~ N ~ U , t fl- ~ U o ~ ~ U O ~ U •~' U ~ ~' - o c~ (II _ •L _ C ~ U) •L f0 U1 •L 6 U) •L ~ v ~ Q .- 0. ,_ a~ z a Q cn z a U z a ~ z a ~ L Q m U ~ = i i i i , L v ~ u ~ v ~ ~ u ~~ a J Q O O O O O O . ~ O O ~ ~ Z O O O WZa ~ ~ O ~"~ Q ,~ O • W ~ ~ OJ O H N ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS FOR THE CITY OF DENTON WATER TREATMENT PLANTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4239-ANNUAL CONTRACT FOR WATER TREATMENT CHEMICALS AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH ITEM IN THE ANNUAL ESTIMATED AMOUNT OF $1,300,000). 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 therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 4239 1-3 DPC Industries Inc. Exhibit A 4239 4 Harcross Chemicals, Inc. Exhibit A 4239 5 K.A. Steel Chemicals, Inc. Exhibit A 4239 6 Univar USA Exhibit A 4239 7 Tanner Industries, Inc. Exhibit A 4239 8 Polydyne Inc. Exhibit A 423 9 9 General Chemical Performance Exhibit A Products LLC SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 3-ORD-4239 BID #4239 Exhibit A DATE: January 8, 2009 Annual ['nnFrarF fnr Wator TroaFmcnF ('hcmiralc EST. ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR QTY. General Polydyne Chemical Tanner Univar K.A. Steel Harcros DPC Inc. Performance Industries USA Chemicals Chemicals. Industries Products LLC Inc. Inc. Inc. Principle Place of Business: Riceboro, Parsippany, Southampton, Dallas, Lemont, Dallas, Cleburne, GA N] PA TX IL TX TX ON EACH ITEM, VENDOR SHALL INDICATE NUMBER OF MONTHS PRICE IS TO REMAIN FIRM BEGINNING MARCH 2009 1 300,000 Lbs. Liquid Chlorine (One-Ton Containers) $0.2445 NSF60 Certified Yes No YES Price firm months 12 Mo. 2 300,000 Lbs. Liquid Chlorine (Bulk - 4,000-4,500 gallon $0.2745 truckloads) NSF60 Certified Yes No YES Price firm months 12 Mo. Sodium Hypochlorite 10% Bulk (3,500-5,000 3 500,000 Lbs. gallon truckloads) $0.0845 NSF60 Certified Yes No YES Price firm months 12 Mo. Wet Flurosilicic Acid (4,000-4,500 gallon 4 180,000 Lbs. truckloads) $0.3250* NSF60 Certified Yes No YES 1/1/09- Price firm months 12/31/09 Dry Liquid Caustic Soda -Diaphragm Grade (Dry 5 1,800,000 Lbs. Basis Pounds - 3,500-4,000 gallon truckloads) $0.4674 NSF60 Certified Yes No YES Price firm months 12 Mo. Potassium Permanganate (25Kg. Canisters) 6 50,000 Lbs. 13,230 Ib. shipments $3.1300 NSF60 Certified Yes No YES Price firm months 12 Mo. Anhydrous Ammonia (2,500-3,000 Ib. 7 80,000 Lbs. $0,6150 shipments) NSF60 Certified Yes No YES Price firm months 12 Mo. 8 130,000 Lbs. Cationic Polymer (Bulk 1,500-1,800 gallons) $0.5900 NSF60 Certified Yes No YES Price firm months 12 Mo. 9 5,000,000 ost Liquid Ferric Sulfate 60% Solution $0.1415 L NSF60 Certified Yes No YES Price firm months Shipment can be made in days from receipt of order. 5 2-3 2 2-3 1 4 Authorized distributor by manufacturer? YES N/A YES YES YES YES *Price is firm 1 yr from date of *Item # 4: Bidder's Comments award, but no 15-30 day later than leadtime 4/1/10. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 DRAFT MINUTES PUBLIC UTILITIES BOARD February 9, 2009 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on Monday, February 9, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton. Present: Chair Charldean Newell, Bill Cheek, Phil Gallivan, John Baines, Randy Robinson Ex Officio Members: Howard Martin, ACM Utilities Absent: Dick Smith and Bill Grubbs, both excused George C. Campbell, excused OPEN MEETING: CONSENT AGENDA: The Public Utilities Board has received background information, staff's recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Board Member Bill Cheek pulled Item 1 for individual consideration. ITEMS FOR INDIVIDUAL CONSIDERATION: 1) Consider a recommendation of approval competitive bids and awarding an annual contract for the purchase of water treatment chemicals (Bid 423 -Water Treatment chemicals awarded to the lowest responsible bidder in the total estimated amount of $1,300,000). Board Member Bill Cheek asked Tim Fisher, Assistant Director of Water Utilities, if this item is associated with the caustic soda issues discussed this summer. Fisher replied yes and that the price of caustic is tracked with chlorine because they are made together. Fisher also stated that sometimes the market is driven by one when the price for one goes up and the price for the other goes down. Fisher stated that last year's bid was not honored and that the supplier began pushing when the spot market was close to $1,000 and staff is getting a bid at about that same level and whether the supplier will honor that bid is unknown. Fisher next stated that the cost of chlorine is coming down and the cost of chloride is going up and the cost of iron, which the city uses in large amounts, is almost doubling in price and that staff is aware, but there is not much that can be done about it at this point. Last year, when adjustments were made to the budget for TMRS, staff put some of that temporary surplus funding into chemicals and staff believes it will get the city through this year's budget okay. Board Member Cheek asked if the wording in the contract has changed to offer less than a one year bid. Fisher that it had not and that the debate is whether there is volatility in the market, will prices come down and will a firm one year contract help. If a one year contract put out and then the vendor does not honor it, nothing has been accomplished. Board Member Randy Robinson asked if the contract offers the opportunity to break it if the stock market is cheaper. Fisher replied that the vendor would have to breach the contract first Draft Minutes of the Public Utilities Board meeting February 9, 2009 Page 2 of 2 1 which would generally mean they are not honoring the price and forcing the city to look 2 elsewhere. 3 4 Board Member Phil Gallivan asked if the cost of polymer was because it is an inferior product. 5 Fisher replied that polymer is a generic category for a large group and he would assume that it 6 did not meet the specification. Board Member Gallivan asked how many tons would be 7 involved. Fisher replied he was unsure and although it is an expensive chemical, it is not used in 8 a very high dose. 9 10 Board Member Bill Cheek asked if staff is looking this year at changing the contract length. 11 Fisher replied some of the larger utilities considered moving from a yearly contract because of 12 price volatility and going to a short term contract but the City of Denton has not done that. 13 Board Member Cheek asked why not. Fisher replied that at this point he is not certain that short 14 term contracts are really going to help. Staff will continue to watch and see what others are 15 doing. 16 17 Board Member Cheek asked if these products would be less in demand during the winter and in 18 higher demand during the warm months. Fisher replied that if one looked at the water treatment 19 plant usage rates, they are down in the winter and up in the summer. Fisher also added that 20 typically the January/February contracts are primarily to obtain information for the next budget 21 year and is a common factor of why staff has an annual bid early in the year. 22 23 Board Member Cheek suggested that staff track the price index in the stock market this year to 24 see where the City needs to go next year. 25 26 Board Member Bill Cheek moved to approved Item 1 with a second from Board Member 27 Randy Robinson. The motion was approved by a 5-0 vote. 28 29 The meeting was adjourned by consensus at 9:45 a.m. 30 This page left blank intentionally AGENDA INFORMATION SHEET AGENDA DATE: February 17, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Roy Minter, Jr. 349-7925 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of six police sedans; providing for the expenditure of funds therefor; and providing an effective date (File 4226- Interlocal Agreement for Police Sedans with Tarrant County, contract awarded to Philpott Ford Inc. in the amount of $13 8,345). FILE INFORMATION An Interlocal Agreement for Cooperative Purchasing was approved on June 16, 1998 with Tarrant County allowing the City of Denton to participate in Tarrant County contracts for the supply of goods and services. The City of Denton j Dined a Metroplex Regional Co-op for the purchase of police sedans headed by Tarrant County with the intention of pooling our buying power. Approximately one hundred fifty-seven governmental entities including twenty-seven counties, seventy-nine cities, twenty- one school districts, four universities and twenty-six special districts combined to purchase approximately 2,300 vehicles for the 2008-2009 contract. Bids were solicited from 41 qualified vendors and five responded. These prices are below current State of Texas contract and Houston Galveston Area Council of Governments (HGAC) prices for similar vehicles. Tarrant County quotations are on file in the office of the Purchasing Agent. This acquisition is for the purchase of six police patrol sedans. The units will replace similar 2003-year model units no longer suitable for police activities. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The City Council approved an Interlocal Agreement with Tarrant County on June 16, 1998 (98- 175). Tarrant County Commissioners Court approved the 2007-008 bids and awarded a contract to Philpott Ford on October 2, 2007 (Bid No. 2007-190). This bid was renewed for an additional one year period on September 30, 2008 with no price adjustment. Agenda Information Sheet February 17, 2009 Page 2 RECOMMENDATION Award to Philpott Ford Inc. in the amount of $23,057.50 each for a total amount of $138,345 for six police patrol sedans. PRINCIPAL PLACE OF BUSINESS Philpott Ford, Inc. Nederland, TX ESTIMATED SCHEDULE OF PROJECT The estimated delivery of the vehicles is approximately 30 days. FISCAL INFORMATION This acquisition will be funded from bond account 810999458.1341.10100. EXHIBITS Exhibit 1: Price Sheet with Selected Options Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4226 EXHIBIT 1 BASE PRICE X19,675.00 2009 Ford Crown Victoria Police Interceptor P-71 4 Door Sedan Vibrant White/Charcoal Gray Interior Options not included in Base Price: Order Description Code Price License plate bracket, front Standard No Charge Moldings, color keyed bodyside, front installed Code 96A $ 28.00 Audio AM/FM radio Standard No Charge Decklid release Code 61 H $ 25.00 Lamp, courtesy disable Code 478 $ 10.00 Spot Light, driver side Code 51 A $156.00 Rear door locks/handles inop Code 67R $ 12.00 Roof wiring no hole in roof Code 65A $ 40.00 Trunk Pack Code 14T $185.00 Windows rear power delete Code 948 $ 13.00 Horn, siren, wiring, prep Code 172 $ 65.00 Radio, 2 way pre wire Code 946 $ 57.00 With Bonding Strap Pkg Radio suppression package Code 53M $ 95.00 Cloth front buckets, vinyl rear Standard $ 0.00 Brakes, anti-lock system Standard $ 0.00 Floor covering, rubber Standard $ 0.00 Power windows Standard $ 0.00 50 State Emission System Code 425 $ 0.00 EXHIBIT 1 2009 Ford Crown Victoria Police Interceptor P-71 Page 2 Wiring Conduit Code 117 $194.50 Seat Side Airbags Code 59M $ 260.00 Power Adj Pedals Code 59C $113.00 Front Push Bumper Go Rhino 5 03 8 $ 3 65.00 Fire Panel $ 611.50 Haylon 911 System $ 781.50 Price Per Vehicle Including Options X22,686.50 Destination Charge $ 371.00 Total Price Per Vehicle 6 Units ~ 23,057.50 Total Award X138,345 ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF SIX POLICE SEDANS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4226-INTERLOCAL AGREEMENT FOR POLICE SEDANS WITH TARRANT COUNTY, CONTRACT AWARDED TO PHILPOTT FORD INC. IN THE AMOUNT OF $13 8,345). WHEREAS, pursuant to Ordinance 95-175, Tarrant County, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Tarrant County Cooperative Purchasing programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent are hereby accepted and approved as being the lowest responsible bids for such items: FILE NT 1MRFR VFNTI(1R A 11~1(1T TNT 4226 Philpott Ford Inc. $138,345 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to Tarrant County for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with Tarrant County (Bid 2001-125), and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Tarrant County, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Tarrant County, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER wALTERS, CITY SECRETARY BY: 4-ORD-4226 AGENDA INFORMATION SHEET AGENDA DATE: February 17, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids by way of an Interlocal Agreement with City of Fort Worth and awarding a contract for the purchase of gasoline and diesel fuel; providing for the expenditure of funds therefore; and providing an effective date (File 4256-Interlocal Agreement for Purchase of Fuel with City of Fort Worth, contract awarded to Martin Eagle Oil Co., Inc. in the estimated amount of $5,200,000). FILE INFORMATION An Interlocal Agreement for Cooperative Purchasing was approved on September 12, 2006 with the City of Fort Worth allowing the City of Denton to participate in City of Fort Worth contracts for the supply of goods and services. Under this Interlocal Agreement, bids were solicited for an annual contract to supply gasoline and diesel fuel. The bid is awarded based upon the mark-up charged by the supplier. The actual price of fuel will vary depending upon the DFW Oil Price Information Services Index (DFW OPIS) posted at the terminal the day fuel is picked up. The actual price will be the DFW OPIS daily average fuel price for fuel in anon-attainment area plus the markup amount. The City of Denton will receive the benefit of lower pricing by pooling its buying power through participation in this Interlocal Cooperative Agreement. Fuel is delivered to the Service Center in 8,000-gallon tanker loads and to remote sites or j obsites in smaller quantities. PRIOR ACTION/REVIEVV(COUNCIL ,BOARDS, COMMISSIONS) The City Council approved an Interlocal Agreement with the City of Fort Worth on September 12, 2006 (2006-240). The City of Fort Worth approved a bid for diesel fuel (P 10746) on March 4, 2008 and a bid for ethanol and unleaded gasoline fuel (P10898) on December 17, 2008. Both bids were awarded to Martin Eagle Oil Co., Inc. with options to renew for five additional one- . year perlo s. RECOMMENDATION Award to Martin Eagle Oil Co., Inc. in the DFW OPIS daily average fuel price for fuel in a non- attainment area plus the markup amounts shown on the attached bid tabulations for gasoline and diesel fuel for an estimated annual amount of $5,200,000. Agenda Information Sheet February 17, 2009 Page 2 PRINCIPAL PLACE OF BUSINESS Martin Eagle Oil Co., Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT Tanker loads of fuel can be delivered within a 24-hour notice. Smaller quantities can be delivered within the same time period. FISCAL INFORMATION Fuel is purchased from Fleet Services Operating Budget accounts 820100.6408 and 820100.6410 (Gasoline) and 820100.8418 and 820100.6420 (Diesel). This cost is then charged back to the using epartment. F,XTTTRTTC Exhibit 1: Notice of Award Gasoline Fuel Exhibit 2: Gasoline Fuel Bid Tabulation Exhibit 3: Notice of Award Diesel Fuel Exhibit 4: Diesel Fuel Bid Tabulation Respectfully submitted: c-~, Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4256 Exhibit 1 Cify of Fort Worfh, Texas Mayor and Council Communication SATE: Tu~sd~y,D~eeeber ~ ~, ~C~~~ L~ N~~E~ ~ ~PVY~~i.Y err/ 11ir{t ~ir~~wr~f~w ~r• 1 ~~~V~~ ~~~i.s~Tr Authari~e Purcha~~ Agreer~ent fc~r ~S Ethan~i ~uef ar~d Unleaded Gasoline with Martin Eagle ail Company, lncl, fc~r an Ar~~ut Nit t~ Exceed 4,C~O~,~~~.OC~ .,..._. :1'~r.~'~u .^~.~+~r ~. TI. ..,.<.: nM. n~vr ..l ,:..P., .y.. .~. ,_. sfw .,ry.+ .p... rh ..r i:1 ••:~•. viu„+..~; . n:Ra.% ' Y",'•,, : ~ rwt . /,.r,M ,,,1....y.wr,-..rg. ..,dl.r.....: ., ....;t .. .''d +:/'-.k :.a.r, .t".a n a'..Aa~,,. .~...... w..r ..a'. f•:i .F'~....n~4S:...' ~_.~::.:. ,... ...n;•s,.~7A,';..r ... ..wv.,et... Anrr.+../... ~....:J., ..~,~,; %"{.. :,. ....r ... .w.G~ .....w!'~'. .n"..„,r... .... ..~r..). ./..r, .+"nH.aa •L~, .:li Ywia.?.r ...~'i:.•r` .. Z'.. ^4~~~'..~i`+'h R E d V I~ I~ Y W I~ ~ ~ ~ { \rR , ^ 1 It is recommended that the City Council authari~e the award of a purchase agreement with Martin Eagle Gil Company, Inc., for E85 ethanol fuel and unleaded gasoline for an amount net to exceed $4,~O~,~JO4.~0, with freight included and payments due ~~ days after receipt of invoices. DI~CUl~3NR The Equipment Services Department and area governmental entities will use this agreement to obtain ESQ ethanol fuel and unleaded gasoline for use in fleet vehicles. The City of Fart Uvorth takes ownership of the fuel at its storage tank. No guarantee was made that a specific amount of fuel would be purchased. During the previous year, the City of Dort llllorth purchased approximately 2,~g~,ogo gallons cif unleaded gasoline at a cost of S,~SS,ggo.gg. There is no previous history far the purchase of ESQ ethanol fue{. PRICE ANALYSIS: Prices for the ESQ ethanol will be based on the low bid of the EI Dorado Fansas, GPIS E8S Net Price List in effect on the actual delivery date of the fuel. Gasoline prices will be indexed and based on the Dallas Metro Texas Gil Price Inforrnatian Service Racy Average Petrastat net price sent at 10:g~ a.m. Eastern Standard Tune an the actual delivery date of the fuel. F~~ ~th~n~1 f r i~l anr! n~~r~lina way hirf ~~ ~, rnr~n~r~ti~~r~ n~ ~rrh~~inc~ anr~a~mr~nt to rl~~rr~lnn and ~nrnE ~rar~P vw vr~.+.ws •wi! v. vr. w...M ~rr}a+sVV1~. .~F .r y{1y /1/i1r{ 4~V ~N VV V~4~1 tiw r1•~R ~M/Vi1MV/{!Y! VI4[{1MVf{{Y't!ti rV MV'f 1L1V~ ~rt1 lei V'l 1SrFV Vf1 Lq ~4r{V cooperative purchasing efforts to reduce the cost of diesel fuel to the City and other government entities. The City had a previous cooperative agreement for the purchase of fuel that was used by the following entities: The Cities of Arlington, Carrollton, Coppell, Duncanville, Flower Mound, Garland, Grand Prairie, Grapevine, Haltom City, Feller, Fennedale, Lewisville, North Richland Nills, Plano, Richardson, Sauthlake, University Park and Ilvatauga, Tarrant, Johnson and Hs~od Counties, Crowley and Ponder 1SD, Tarrant County College and University of Texas at Dallas. Allowing other local government entities to participate in the previous agreement produced the additional purchase of about 5,1 ~ ~ ,ggg gallons of gasoline. This represents an increase of about ~,SOO,ogo gallons of gasoline being purchased. 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L >a- ~ ~ (~ i- .~. L I- ~ ~ ~ F . L ~ . ~ ( ~ .~ ~ ~ J is is ~ * ~ ~ ~ a~ ~ i- O W Z~ (~ J ~ U Oz ~ ~ ~ ~ * ~ Exhibit 3 City of Fort Worth, Texas Pagc 1 of 2 Mayor and Council Communication QQUNCIL AQTIC~N: Approved on 31412~Q8 DATE: Tuesday, March 04, 2008 LQG NAME. ~ 3P08~0008 REFERENCE Nth.: **P-~ ~~4fi SUBJECT: Aufihorize a Primary Purchase Agreement with Martin Eagle ail Company and Secondary Purchase Agreement with Douglass Distributing for Diesel Fuel far the Equipment Services Department RECQMNfENQATI~N: It is recammended~that the City Council authorize a primary award of a purchase agreement with Martin Eagle Coil Company and a secondary award with Douglass Distributing for Diesel Fuel for the Equipment Services Department.. Prices will be based on the overall law bid of the Dallas Metro Texas Cil Price Information Service Rack Average Petrostat net price sent at 10.00 AM EST for the date the fuel is delivered„ Payments are due 30 days from invoices, the City takes ownership at the City's storage tank, and freight is included„ DISCUS~I~Nfl The Equipment Services Department and area governmental entities will use this agreement to obtain diesel .fuel to supply and operate diesel powered equipment. No guarantee was made that a specific amount of fuel would be purchased, During the previous year, the City purchased approximately 1,048,910 gallons of diesel fuel at a cost of $2,347,948,00. The agreements will begin March 9, 2008, and expire March 8, .2009, with options to renew for five additional one-year periods, Allowing other local government entities to participate in the previous agreement has produced the additional purchase of about 3,455,809 gallons of diesel fuel~~ This represents an increase of about 2,406,899 gallons of diesel fuel over the last agreement Based on the new diesel agreement the City of Fort Worth will save approximately $19,000„00 annually over previous diesel agreement as a direct result of the increased volume by participation of the ether government entities„ The City has no responsibility for purchases by other government entities„ Diesel fuel was bid as a cooperative purchasing agreement to develop and encourage cooperative purchasing efforts to reduce the cost of diesel fuel to the City and other government entities, The following entities have purchased fuel utilizing the current agreement: The Cities of Arlington, Carrollton, Coppell, _Duncanville, .Flower Mound, Garland, Grand Prairie, ...Grapevine.,. Haltom, Keller,.. I~ennedale, _Lewisvi(Ie, North Richland Hills, Plano, Richardson, Southlake, University Park and Watauga, Tarrant, Johnson and Hood Counties, Crowley and Ponder ISD, Tarrant County College and University of Texas at Dallas. Awarding to the secondary vendor will ensure that the City and other entities obtain the best value when ordering split loads or smaller than tank loads, to provide an uninterrupted supply of fuels during instances of fuel shortages or curtailments, or if the primary vendor does not exercise a renewal option of the agreement. http,/l~v~v.cfwnet.orglcouncil~ackctlReports/mc~arint.asp 3IG12008 Page 2 of 2 BID ADVERTISEMENT -This bid was advertised in the Fort Worth Star-Telegram on January 15 and 23, 2008. Twenty-two vendors were solicited from the purchasing database system; seven responses were received, two of which were "no bids," BID TABULATION -See the attached bid tabulation. M/vUBE - A waiver of the goal for MIVUBE subcontracting requirements was requested by the Purchasing Division and approved by the M1WBE Office because the purchase of goods is from sources where subcontracting or supplier opportunities are negligible. RENEWAL OPTIONS -This agreement may be renewed for up to five successive one-year terms at the City's option,. This action does not require specific City Council approval, provided the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term.. FISCAL INF'QRMATIQNICERTIFICATl4N: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Equipment Services Fund„ B~N~o~-aa~B~K®~ TO FundlAccoun#lCenters ~RQI~I FundlAccountlCenters Submitted for City i~ana.ger°s +Cffice by: Karen Montgomery (G222) ®riginating Department Head. 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G ..:,:.k :.: C ~ ,~ :.{r :,,~ N C m O RS . ~~~'~~II ~ k: i .: ........1 ;:; ::k1-!~:;: ~ s " . ~ ~ ~ Y.. 6V ~: ~:..:.:':: `: : .i. ::::::::: x~::. ~ +'~ ':G~ :? ~ !~ ~ Ak! ~ ~' S~MIMk: ;:;: ~;:;,G2 L ~ \N r A1P! A . ...:::.. ::: : ::: : : U U ~> N (fs X O N 1 O i O °o 0 1 0 0 +~ (~ (6 ~_ ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH CITY OF FORT WORTH AND AWARDING A CONTRACT FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4256-INTERLOCAL AGREEMENT FOR PURCHASE OF FUEL WITH CITY OF FORT WORTH, CONTRACT AWARDED TO MARTIN EAGLE OIL CO., INC. IN THE ESTIMATED AMOUNT OF $5,200,000). WHEREAS, pursuant to Ordinance 2006-240, Fort Worth, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the City of Fort Worth Cooperative Purchasing programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the attached Exhibit A for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent are hereby accepted and approved as being the lowest responsible bids for such items: FILE NT 1MRFR VFNTI(1R A 11~1(1T TNT 4256 Martin Eagle Oil Co., Inc. Exhibit A SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached Exhibit A, the City accepts the offer of the persons submitting the bids to the City of Fort Worth for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the City of Fort Worth (Bid 2006-240), and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the city of Fort Worth, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the City of Fort Worth, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER wALTERS, CITY SECRETARY BY: 4-ORD-4256                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: February 17, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Emerson Vorel 349-8271 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas approving an Agreement between the City of Denton and the North Texas Umpire Association; determining a sole source and approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 4259- Agreement with North Texas Umpire Association in the amount per game as specified in the agreement for an estimated award of $65,000). FILE INFORMATION The Agreement between the City of Denton and the North Texas Umpire Association is to co-, the Parks and Recreation Department contacts the ASA Distri Association that would be available to umpire adult softball league games in Denton. This year and in previous years, the North Texas Umpire Association has been the only association (sole source) available for officiating sanctioned adult softball league play in Denton. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. The North Texas Umpire Association will officiate approximately 1,100 softball games for the Parks and Recreation Department during the 2008-09 fiscal year. The Association will provide two ASA umpires and one scorekeeper per game. RECOMMENDATION Award to North Texas Umpire Association in the amount per game specified in the Agreement on file in the office of the Purchasing Agent for an estimated total amount of $65,000. PRINCIPAL PLACE OF BUSINESS North Texas Umpire Association Denton, TX Agenda Information Sheet February 17, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT This Agreement will remain in effect through December 15, 2009. FISCAL INFORMATION This Agreement will be funded from Parks and Recreation account 411170.7868. Requisition number 91862 has been entered in the purchasing software system. EXHIBITS 1: Sole Source Letter from North Texas Umpire Association 2. Agreement between City of Denton and North Texas Umpire Association Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4259 Û¨¸·¾·¬ ï Û¨¸·¾·¬ î ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION; DETERMINING A SOLE SOURCE AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF THE STATE LAW EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 4259- AGREEMENT WITH NORTH TEXAS UMPIRE ASSOCIATION IN THE AMOUNT PER GAME AS SPECIFIED IN THE AGREEMENT FOR AN ESTIMATED AWARD OF $65,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4259 North Texas Umpire Association $65,000 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-4259 AGENDA INFORMATION SHEET AGENDA DATE: February 9, 2009 DEPARTMENT: Electric Utility ACM: Howard Martin, Utilities, 8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving Amendment No. 1 to Tower Lease by and between the City of Denton, Texas and Dallas MTA, L.P. d/b/a Verizon Wireless; and providing an effective date. The Public Utilities Board recommends approval (5-0). BACKGROUND Back in 1995 PrimeCo approached Denton Municipal Electric to build a tower for the trunked radio system in exchange for the top location on the tower with 10 years free rent and the option to renew the contract. PrimeCo is now owned by Verizon and DME now owns the tower at McKenna Park. Verizon wishes to renew the lease for an additional 10 years and agrees to maintain the tower lights to FAA specs during the duration of this lease. Verizon also agrees that if they terminate the lease, DME has the right to purchase the Verizon radio building, located at McKenna Park next to the tower, at fair market value to minimize disruption to the park area surrounding the tower. OPTIONS 1.Approve the Verizon lease renewal, generating $206,349.83 in revenue over a ten (10) year period for the City. 2.Do not approve the Verizon lease renewal and serve Verizon with the termination letter losing that revenue for the next ten (10) years. RECOMMENDATION DME recommends approval of the Verizon lease renewal. PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB and City Council has approved the original Verizon (PrimeCo) lease back in late 1995 - 1996. th The Public Utilities Board discussed this item at their February 9, 2009 meeting. The Board recommends approval (5-0). FISCAL INFORMATION FY 2008-09 revenues totaling $18,000 with a 3% escalation over the following 9 years totaling $206,349.83. BID INFORMATION N/A EXHIBITS 1.Ordinance 2.Amendment No. 1 to Tower Lease 3.Original Agreement 4.PUB Meeting Minutes Respectfully submitted: Phil Williams General Manager Denton Municipal Electric Prepared by: Harry F. Hettinger, Jr. Communications Superintendent ORDINANCE NO. 2009-_______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AMENDMENT NO. 1 TO TOWER LEASE BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DALLAS MTA, L.P. D/B/A VERIZON WIRELESS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas and Dallas MTA, L.P. d/b/a Verizon Wireless, entered into a Tower Lease on December 17, 1996 regarding the McKenna Park Tower; and WHEREAS, both the City of Denton, Texas and Verizon Wireless Texas, LLC, as general partner of Dallas MTA, L.P. d/b/a Verizon Wireless have agreed to further extend and modify said Tower Lease to provide for a ten-year term from January 1, 2008 through December 31, 2017, as provided in Amendment No. 1 (“Amendment”) to Tower Lease, upon such terms and provisions as are stated in said Amendment; and WHEREAS, the City Council is of the opinion that the Amendment is in the best interests of the City and its residents and is in the public welfare; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute and deliver an Amendment No. 1 to Tower Lease by and between the City of Denton, Texas and Dallas MTA, L.P. d/b/a Verizon Wireless, in substantially the form of the Amendment No. 1 to Tower Lease which is attached hereto and made a part of this ordinance for all purposes. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ___________________, 2009. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: _____________________________ Page 2 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3February 9, 2009 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7Monday, February 9, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901-A Texas Street, Denton. 9 Present: 10Chair Charldean Newell, Bill Cheek, Phil Gallivan, John Baines, Randy Robinson 11 12 Ex Officio Members: 13 Howard Martin, ACM Utilities 14 Absent: 15 Dick Smith and Bill Grubbs, both excused 16 George C. Campbell, excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21The Public Utilities Board has received background information, staff’s recommendations, and 22has had an opportunity to raise questions regarding these items prior to consideration. 23 242)Consider a recommendation of approval for the Verizon lease renewal for property that is 25located at the McKenna Park Tower in the City of Denton, Denton County, Texas for an 26additional ten (10) years term. 27 Board Member Phil Gallivan moved to approve Item 2 with a second from Board Member 28 Randy Robinson. The motion was approved by a 5-0 vote 29. 30 31The meeting was adjourned by consensus at 9:45 a.m. 32                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE : February 17, 2009 DEPARTMENT : Transportation Operations ACM : Howard Martin, ext. 8230 SUBJECT Consider adoption of an ordinance approving an assignment of leasehold interest in a commercial operator airport lease agreement at Denton Municipal Airport from Jack Faas to Planes of History, Inc. located at 4665 Spartan Lane at the Denton Municipal Airport and providing for changes to indemnification and insurance requirements of the leasehold; and providing an effective date. (Airport Advisory Board tabled the item 7-0). BACKGROUND Mr. Jack Faas has requested the City of Denton to authorize the assignment of his commercial operator airport lease agreement to Planes of History, Inc., a 501 C(3) organization registered in Wisconsin. As a condition to the assignment, Mr. Faas has agreed to the standard Assignment language requiring a $500 transfer fee. Mr. Faas, President, Planes of History has indicated that he will be relocating additional aircraft from Wisconsin to the Denton Airport as part of this proposal. Pursuant to recommendations by City Council in January 2009 for all Airport lease agreements, language relating to indemnification has been included in the proposed amendment. Additionally, the amendment calls for revisions to the existing lease agreement relating to insurance requirements. These insurance revisions are directed at improving the Airport’s risk position should a lapse in insurance coverage be expected or take place. At their February 11, 2009 meeting, the Airport Advisory Board expressed concern over the proposed changes to the Indemnification clause and the Insurance clause. The Airport Advisory Board indicated that they believed the provisions were prohibitive with respect to securing requisite insurance coverage and this could impact future development on the Airport. Additionally, the Board cited one other prospective tenant has tentatively delayed the expansion of their existing operation because of the prohibitive nature of the indemnification and insurance provisions for future lease agreements. The Airport Advisory Board voted to table action on the Faas Lease until March so that further review of this policy could be discussed with City Council. Mr. Faas was notified that the Airport Advisory Board did not recommend his lease agreement and requested that staff advance the proposed assignment and lease amendment to City Council for consideration without Airport Advisory Board recommendation. 1 ESTIMATED SCHEDULE OF PROJECT The lease assignment and the amendment would become effective immediately, February 17, 2009 and continue through the term of the lease, the 31st day of March 2031. PRIOR ACTION/REVIEW The Airport Board did not recommend the assignment and proposed amendment, rather the item was tabled 7-0 at the February 11, 2009 Airport Advisory Board meeting. FISCAL INFORMATION A $500 transfer fee will be required. Should assignment and amendment be approved the lease improvement is expected to be removed from the tax roll pursuant to the 501 C(3). EXHIBITS 1. Ordinance 2. Amendment 3. Airport Board Draft Minutes Respectfully submitted: Mark Nelson Director of Transportation 2 DRAFT MINUTES 1 AIRPORT ADVISORY BOARD 2 FEBRUARY 11, 2009 3 4 5After determining that a quorum was present, the Airport Advisory Board convened for a Special 6Called Meeting on Monday, February 11, 2009 at 5:32 p.m. in the Denton Airport Terminal 7Building at the Denton Airport at 5000 Airport Road, Denton, Texas. 8 BOARD MEMBERS PRESENT 9: Chairman Mr. Woolfolk, Vice Chairman, Dr. Smith, Mr. 10Brewer, Mr. Brown, Mr. Eames, Mr. Clark and Dr. Kristoferson. 11 BOARD MEMBERS ABSENT 12: N/A 13 STAFF MEMBERS PRESENT 14: Mark Nelson, Director of Transportation 15Julie Mullins, Administrative Assistant, and Andrea Sumner, Operations Coordinator, John 16Knight, Assistant City Attorney. 17 PUBLIC PRESENT: 18 Quentin Hix, Jeff Soules, US Aviation Group and David Schulman. 19 ITEMS FOR INDIVIDUAL CONSIDERATION 20 21 22 23VIII.Receive a report, hold a discussion and take appropriate action on the recommendation of 24an ordinance approving an assignment of leasehold interest in a commercial operator 25airport lease agreement at Denton Municipal Airport from Jack Faas to Planes of History, 26Inc. located at 4665 Spartan Lane at the Denton Municipal Airport. 27 28Mr. Nelson stated that Mr. Faas, who has a current lease on the Airport, and who has 29aircraft based in Wisconsin, wants to move antique aircraft to the Denton Airport. Mr. 30Faas is requesting that his current lease be assigned to Planes of History, Inc., which is a 31501 C(3) organization. A $500 transfer fee will be required. Mr. Nelson also outlined that 32a change in the indemnification and insurance requirements in the lease are required prior 33to the assignment based on recent policy direction by City Council. The amendment is 34included in the back-up material. Mr. Nelson stated that Mr. Faas has indicated that he is 35willing to move forward with the amendment including revisions to the Indemnification 36language and Insurance language. 37 38Dr. Kristoferson asked if Planes of History was a non-profit company. Mr. Woolfolk 39indicated that it was. Dr. Kristoferson asked if that has any implications for tax revenues. 40Mr. Nelson stated that it would pull the hangar off the tax roll. Dr. Kristoferson stated 41that he would like some indication that there is some community value of having this 42organization on the Airport. He does not want to just have aircraft sitting in a hangar; 43instead he would like to see it as a museum that is open to the public so that the City can 44get something of value by having this organization. 45 AIRPORT ADVISORY BOARD MINUTES JANUARY 11, 2009 PAGE 2 1Dr. Kristoferson stated that there are a few leases on this Airport that are 501 C(3) and do 2not offer any community value. It is just a place to store their own personal aircraft tax 3free. He does not want to see that happen with this lease. 4 5The Airport Board discussed concerns with the proposed amendment and the 6implications that the revised indemnification and insurance language might have. Mr. 7Woolfolk indicated that he had spoken with AIG on the proposed lease revisions and was 8told AIG would not provide insurance if the contract included the revised language. 9 10Dr. Smith stated that he thinks there are too many unanswered questions and is concerned 11with the insurance requirements in the lease. 12 13Dr. Smith made a motion to table the item until next Board meeting. Mr. Eames 14seconded. 15 Motion carried 7-0. 16 17 18Mr. Brown made a motion to take the item off the table. Dr. Smith seconded. 19 Motion carried 7-0. 20 21 22Mr. Brown stated that the Board should have the right to express, to the Council, their 23displeasure with the way the leases are written. 24 25Mr. Brown made a motion to table the item with the instructions to the Chairman to write 26a letter to Council informing them of the consternation over the leasehold items. Dr. 27Smith seconded the motion. 28 Motion carried 7-0. 29 AGENDA INFORMATION SHEET AGENDA DATE: February 17, 2009 DEPARTMENT: Planning ACM: Fred Greene ______________________________________________________________________________ SUBJECT- A08-0001 (JNC Properties Annexation) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, on second reading annexing by consent tracts of land consisting of approximately 865.92 acres, contiguous and adjacent to the City of Denton. The tracts of land are located in two distinct areas. The first area (annexation area #1) is approximately 23.23 acres in size and is generally The second area (annexation area #2) is approximately 842.69 acres and is generally located east of FM 2164 and north of Shepard Road. The proposed ordinance will also approve a service plan for the annexed property and provide a severability clause and an effective date (A08-0001). The Planning and Zoning Commission reviewed the proposed annexation petition and all relative materials on December 10, 2008 and recommends approval by a 5-0 vote. BACKGROUND Applicants: JNC Partners Denton, LLC, White Cake Denton, L.P., and John Lau An annexation proceeding is being considered by the City of Denton for approximately 865.92 acres consisting of two separate and non-contiguous areas, as presented in Exhibit 1. The first area (annexation area #1) is approximately 23.23 acres and is generally located between the city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) is approximately 842.69 acres and is generally located east of FM 2164 and north of Shepard Road. The purpose of the proposed annexation is to annex the properties into the city and to eventually develop them along with the other JNC properties to the east as a Master Planned Community. The following items summarize the important actions taken: On December 2, 2008, City Council held the first of two public hearings. On December 9, 2008, City Council held the second of two public hearings. On December 10, 2008, Planning and Zoning Commission held a public hearing regarding the proposed annexation. On January 6, 2009, City Council held the first reading of the Ordinance. On January 18, 2009, the Ordinance was published in Denton Record-Chronicle. The subject property proposed for annexation is located within c- territorial Jurisdiction (ETJ) and is not zoned. The Comprehensive Plan identifies this area to be within a Rural Areas land use designation. The annexation is scheduled for completion on February 17, 2009, see Exhibit 5. located within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of- n 1. As such, development is subject to within a platted lot; any subdivision or reconfiguration of the subject property will be subject to sion regulations. Incorporation of this site into the city would not require additional properties. Public notification information is provided in Exhibit 4. As of this writing, staff has received nine responses from property owners within 200 feet of the subject site. One property owner is neutral to the proposed annexation, two are in favor, and six are in opposition. In addition to the nine responses, staff received one response from a property owner outside 200 feet of the subject site. The propert response was added to Exhibit 8. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission reviewed the proposed annexation petition and all relative approval materials on December 10, 2008 and recommends by a 5-0 vote. Staff recommends that the public hearings proceed as scheduled, finding that the need to manage and coordinate development in an orderly manner is a significant City objective that the City of Denton will pursue. PRIOR ACTION/REVIEW (Council, Boards, Commissions) December 2, 2008 First City Council Public Hearing December 9, 2008 Second City Council Public Hearing December 10, 2008 Planning and Zoning Commission Public Hearing st January 6, 2009 1 reading of the Ordinance January 18, 2009 Ordinance publication FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the City. EXHIBITS 1. Location Map 2. Future Land Use Map 3. Proposed Plan for Development 4. Notification Information 5. Annexation Summary Schedule 6. Service Plan 7. Service Area Analysis 8. Responses to public hearing notice 9. December 10, 2008 Planning and Zoning Commission Minutes 10. Ordinance Prepared by: Respectfully submitted: Ron Menguita, AICP Mark Cunningham, AICP Planning Supervisor Director of Planning and Development EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 PROPOSED PLAN FOR DEVELOPMENT EXHIBIT 4 íÈÛÑÔÚïÎÉÔ×ÔÚÜÉÔÎÏùÜÉØ         ôÏîÍÍÎÊÔÉÔÎÏ ôÏ÷ÜÇÎË  ïØÈÉËÜÑ  EXHIBIT 5 ANNEXATION SUMMARY SCHEDULE A08-0001 JNC Properties Annexation Tuesday, 12/2/08 City Council conducts first public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Annexation Study prepared and available for public review. Service Plan prepared and available for public review. Tuesday, 12/09/08City Council conducts second public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, 12/10/08 Planning and Zoning Commission public hearings make a recommendation to City Council regarding the proposed annexation. Tuesday, 1/06/09 City Council by a four-fifths vote institutes annexation proceedings First reading of annexation ordinance. Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, 1/18/09Ordinance published The ordinance cannot be acted upon until at least 30 days after publication. Tuesday, 2/17/09 City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes st annexation proceedings (adopts ordinance on 1 reading). The second reading of the ordinance could be held any time between 2/17/09 and 4/06/09. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local st Government Code requires that City Council institute annexation proceedings (1 Reading of the 20 days after the second City Council public hearing but less than 40 Ordinance) more than days from the first City Council public hearing. EXHIBIT 6 CITY OF DENTON SERVICE PLAN FOR A08-0001 JNC Properties Annexation I.AREA ANNEXED The area to be annexed comprises approximately 865.92 acres of land adjacent to the City of Denton, Texas, Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of two distinct areas, as shown on the attached location map. The first area (annexation area #1) is approximately 23.23 acres in size and is generall northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) is approximately 842.69 acres and is generally located east of FM 2164 and north of Shepard Road. II.INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.056(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III.AD VALOREM (PROPERTY OWNER) TAX SERVICES A.Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. Additional personnel and equipment will be needed to serve the area, if developed as proposed. B.Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 10 minutes, which is similar to responses for surrounding properties within the city limits. The City of D. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County, shall be maintained by the City of Denton on the effective date of the annexation. Maintenance of street signs, street lighting and traffic control devices will commence by the City of Denton on the effective date of the annexation. E.Parks and Recreation Facilities There are few residents in the area to be annexed, and no parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within four miles of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton Parks and Recreation facilities and programs. As the land develops, the City will evaluate the need for park and recreational facilities in accordance with the 2000 Parks and Recreation Master Plan and applicable City ordinances. F.Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. G.Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. Both services are provided on a red. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. H.Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Development Code, concerning subdivision and land development regulations. IV.UTILITY (RATEPAYER) SERVICES A.Solid Waste Collection The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the city. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. All residential homeowners and commercial businesses should telephone the City of Denton Solid Waste Customer Service Department at 940-349-8787 to initiate service. Residential Solid Waste Services Each residential customer will be provided a 60-gallon wheeled, green refuse cart, which will be serviced one time per week. Upon request, a smaller or larger refuse cart can be provided. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly curbside recycling services with each residential customer being provided a 60 gallon wheeled blue recycling cart. Collection is provided by Allied Waste Services. Household Chemical Collection provided once per week upon request. fuse cart service, curbside-recycling service, yard waste collection service, and household chemical collections will occur on the same day each week. Please telephone Solid Waste Field Support Operations, 940-349-8080 to obtain information or find out which day your refuse, yard waste, recyclables, and household chemicals will be collected. Commercial and Industrial Refuse and Recycling Services Each commercial and/or Industrial business will be provided with a commercial container(s). They are available in a variety of sizes and frequencies of collection, based on the waste materials types and volumes generated. All refuse placed in a commercial refuse container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed (front load containers only) will not be collected. All refuse placed outside any container is subject to code enforcement regulations, including potential fines. For placement of a commercial recycling container, please contact Solid Waste Field Support Operations, 940-349-8080, to have a recycling coordinator visit your site to perform a recycling materials audit in order to determine the various materials available for recycling at your site. All recyclables shall be placed in recycling containers without being bagged. Landfill Services The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding landfill disposal charges or other services, call the Landfill Office at 940-349-8041. B.Water/Wastewater Facilities The annexation area is along the northeastern border of the City of Denton. The annexation property is located within Denton's wastewater Certificate of Convenience and Necessity (CCN), which is a utility service area permit authorizing a specified utility to be the retail service provider. The water CCN holders for the annexation property include the City of Denton, Bolivar Water Supply Corporation and Green Springs Water Supply Corporation. Currently, the area to be annexed is provided water service by Bolivar Water Supply Corporation, Greens Springs Water Supply Corporation or private water wells. Wastewater service is currently provided by individual private onsite wastewater systems (septic tanks and aerobic spray irrigation systems). There is a 54-inch waterline along FM 2153 and FM 428 in immediate proximity to the area to be annexed. Water service is available from this transmission pipeline to provide both potable water and fire-flow at designated connection points that were designed into the pipeline upon acquisition of the right to serve. The City of Denton has plans to construct a new wastewater treatment plant in the Clear Creek watershed to provide wastewater service to this portion of their wastewater CCN. The City has obtained a wastewater discharge permit from the TCEQ for this facility. Construction of this facility however is currently not included in the 5-year capital improvement plan. The City shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density based on current land use. The service plan shall be amended to provide for extension of water mains (upon acquisition of the right to serve) from existing and planned facilities as development occurs within the area in conformance with standard extension regulations and rules, which require extension at the initial expense of the property owners, subject to and consistent with the City's participation policies, Tex. Loc. Gov't Code ch. 395, and the City's impact fee regulations. C.Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density based on current land use. The plan may be amended, however, as development occurs. D.Electrical Services CoServ is certified by the State to provide electric utility service to the annexation area. V.OTHER SERVICES Other services that may be provided by the City, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI.CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the city having similar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 ½) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the city for areas having similar characteristics of topography, land use, and population density. VII.UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the city, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII.TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. IX.AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). EXHIBIT 7 SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation ̸» д¿²²·²¹ ¿²¼ Ü»ª»´±°³»²¬ Ü»°¿®¬³»²¬ ¸¿­ ®»½»·ª»¼ ¿ ®»¯«»­¬ º±® ¿²²»¨¿¬·±² ±º ¿°°®±¨·³¿¬»´§ èêëòçî ¿½®»­ ±º ´¿²¼ ¿¼¶¿½»²¬ ¬± ¬¸» Ý·¬§ ±º Ü»²¬±²ô Ì»¨¿­ô ´±½¿¬»¼ ·² ¬¸» ²±®¬¸»¿­¬»®² ¿®ô Ü·ª·­·±² ïò ̸» °®±°±­»¼ ¿²²»¨¿¬·±² ·­ ·² ³«´¬·°´» ±©²»®­¸·°­ô ¿²¼ ½±²­·­¬­ ±º ¬©± ¼·­¬·²½¬ ¿®»¿­ô ¿­ ­¸±©² ±² ¬¸» ¿¬¬¿½¸»¼ ´±½¿¬·±² ³¿°ò ̸» º·®­¬ ¿®»¿ ø¿²²»¨¿¬·±² ¿®»¿ ýï÷ ·­ ¿°°®±¨·³¿¬»´§ îíòîí ¿½®»­ ·² ­·¦» ¿²¼ ·­ ¹»²»®¿´´§ ´±½¿¬»¼ ¾»¬©»»² ¬¸» ½ α¾»®¬­ô ­±«¬¸ ±º ÚÓ îïëíò ̸» ­»½±²¼ ¿®»¿ ø¿²²»¨¿¬·±² ¿®»¿ ýî÷ ·­ ¿°°®±¨·³¿¬»´§ èìîòêç ¿½®»­ ¿²¼ ·­ ¹»²»®¿´´§ ´±½¿¬»¼ »¿­¬ ±º ÚÓ îïêì ¿²¼ ²±®¬¸ ±º ͸»°¿®¼ α¿¼ò Í·¦»æ èêëòçî ¿½®» Ô±½¿¬·±²æ Ю±°±­»¼ «­»æ λ­·¼»²¬·¿´ ¿²¼ λ¬¿·´ Ü»ª»´±°³»²¬ Ю±°±­»¼ ¦±²·²¹æ Ó«´¬·°´» ¦±²·²¹ ¼·­¬®·½¬­ ̸» °«®°±­» ±º ¬¸» ­»®ª·½» ¿®»¿ ¿²¿´§­·­ ·­ ¬± ¼»¬»®³·²» ¸±© ¬¸» ½·¬§ ©±«´¼ °®±ª·¼» ­»®ª·½»­ ¬± ¬¸» ¿®»¿ ­¸±«´¼ ·¬ ¾» ¿²²»¨»¼ ·²¬± ¬¸» ½·¬§ò ß ­»®ª·½» ¿®»¿ ¿²¿´§­·­ º±®³ ·­ ¿¬¬¿½¸»¼ò д»¿­» ¿¾·´·¬§ ¬± °®±ª·¼» ­»®ª·½»­ ¬± ¬¸» °®±°±­»¼ ¿®»¿ ·¬ ·­ ²»½»­­¿®§ ¬± ¼±½«³»²¬æ °®±°±­»¼ ¿®»¿å ¿¼¼·¬·±²¿´ °»®­±²²»´ ¿²¼ ½¿°·¬¿´ »¯«·°³»²¬ñº¿½·´·¬·»­ ²»½»­­¿®§ ¬± °®±ª·¼» ¿² ¿¼»¯«¿¬» ´»ª»´ ±º ­»®ª·½» ¬± ¬¸» °®±°±­»¼ ¿®»¿å ¿²¼ ½±­¬ ±º °®±ª·¼·²¹ ¿¼¼·¬·±²¿´ ­»®ª·½»ò Existing Conditions: Ю±¨·³·¬§ ¬± »¨·­¬·²¹ ¿®¬»®·¿´ ¿²¼ ½±´´»½¬±® ®±¿¼­ò ̸» º·®­¬ ¿®»¿ ¿°°®±¨·³¿¬»´§ îíòîí ¿½®»­ ·­ ô ­±«¬¸ ±º ÚÓ îïëíò ̸» Ó±¾·´·¬§ д¿² ¼»­·¹²¿¬»­ ÚÓ îïëí ¿­ ¿ Í»½±²¼¿®§ Ó¿¶±® ß®¬»®·¿´ò ̸» ­»½±²¼ ¿®»¿ ¿°°®±¨·³¿¬»´§ èìîòêç ¿½®»­ ·­ ¹»²»®¿´´§ ´±½¿¬»¼ »¿­¬ ±º ÚÓ îïêì ¿²¼ ²±®¬¸ ±º ͸»°¿®¼ α¿¼ò ̸» Ó±¾·´·¬§ д¿² ¼»­·¹²¿¬»­ ÚÓ îïêì ¿­ ¿ Ю·³¿®§ Ó¿¶±® ß®¬»®·¿´ ¿²¼ ͸»°¿®¼ α¿¼ ¿­ ¿ Í»½±²¼¿®§ Ó¿¶±® ß®¬»®·¿´ò Ú«¬«®» Ô¿²¼ Ë­»­ò ̸» °®±°±­»¼ ¿²²»¨¿¬·±² ¿®»¿­ ¿®» ©·¬¸·² ¬¸» Ϋ®¿´ ß®»¿­ º«¬«®» ´¿²¼ «­» ¼»­·¹²¿¬·±²­ò Û¨·­¬·²¹ ´¿²¼ «­»­æ ̸» º·®­¬ ¿®»¿ ¿°°®±¨·³¿¬»´§ îíòîí ¿½®»­ ·­ ¼»ª»´±°»¼ ©·¬¸ ®«®¿´ ®»­·¼»²¬·¿´ ¼»ª»´±°³»²¬­ò ̸» ­»½±²¼ ¿®»¿ ¿°°®±¨·³¿¬»´§ èìîòêç ¿½®»­ ·­ ¼»ª»´±°»¼ ©·¬¸ ­±³» ®«®¿´ ®»­·¼»²¬·¿´ ¼»ª»´±°³»²¬­ ©·¬¸ ¬¸» ³¿¶±®·¬§ ±º ¬¸» ¿®»¿ «²¼»ª»´±°»¼ñ°¿­¬«®» ´¿²¼ò Ю±³·²»²¬ ²¿¬«®¿´ º»¿¬«®»­æ Û²ª·®±²³»²¬¿´ Í»²­·¬·ª» ß®»¿­ øÛÍß­÷ô ·²½´«¼·²¹ º´±±¼°´¿·² ¿²¼ ­¬®»¿³ ¾«ºº»®­ ¿®» ´±½¿¬»¼ ©·¬¸·² ¬¸» °®±°±­»¼ ¿²²»¨¿¬·±² ¿®»¿­ò Ю±¨·³·¬§ ¬± ±¬¸»® ­»®ª·½» °®±ª·¼»®­æ ̸» ¿²²»¨¿¬·±² ¿®»¿ ·­ ¿´±²¹ ¬¸» ²±®¬¸»¿­¬»®² ¾±®¼»® ±º ¬¸» Ý·¬§ ±º Ü»²¬±²ò ̸» ¿²²»¨¿¬·±² °®±°»®¬§ ·­ ´±½¿¬»¼ ©·¬¸·² Ü»²¬±²ù­ ©¿­¬»©¿¬»® Ý»®¬·º·½¿¬» ±º ݱ²ª»²·»²½» ¿²¼ Ò»½»­­·¬§ øÝÝÒ÷ô ©¸·½¸ ·­ ¿ «¬·´·¬§ ­»®ª·½» ¿®»¿ °»®³·¬ ¿«¬¸±®·¦·²¹ ¿ ­°»½·º·»¼ «¬·´·¬§ ¬± ¾» ¬¸» ®»¬¿·´ ­»®ª·½» °®±ª·¼»®ò ̸» ©¿¬»® ÝÝÒ ¸±´¼»®­ º±® ¬¸» ¿²²»¨¿¬·±² °®±°»®¬§ ·²½´«¼» ¬¸» Ý·¬§ ±º Ü»²¬±²ô Þ±´·ª¿® É¿¬»® Í«°°´§ ݱ®°±®¿¬·±² ¿²¼ Ù®»»² Í°®·²¹­ É¿¬»® Í«°°´§ ݱ®°±®¿¬·±²ò ̸¿²µ §±« º±® §±«® ½±²­·¼»®¿¬·±² ±º ¬¸·­ ®»¯«»­¬ò д»¿­» ­«¾³·¬ ¿²§ ±¬¸»® ·²º±®³¿¬·±² ¬¸¿¬ §±« ¾»´·»ª» ·­ °»®¬·²»²¬ ¬± »ª¿´«¿¬» ¬¸» °®±ª·­·±² ±º ­»®ª·½»­ ¬± ¬¸·­ ¿®»¿ ¬± α² Ó»²¹«·¬¿ ·² ¬¸» October 31, 2008 д¿²²·²¹ ¿²¼ Ü»ª»´±°³»²¬ Ü»°¿®¬³»²¬ ¾§ ô ¿²¼ ½¿´´ íìçóèíîè ·º ¬¸»®» ¿®» ¿²§ ¯«»­¬·±²­ò SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Fire # 4 ïò Ú·®» ¿²¼ Û³»®¹»²½§ Ó»¼·½¿´ Í»®ª·½»­ ½¿² ¾» °®±ª·¼»¼ ¬± ¬¸» ¿®»¿ º®±³ º·®» ­¬¿¬·±² (2110 E. Sherman) and fire station #5 (2230 W. Windsor) ò 7-10 îò Û­¬·³¿¬»¼ ®»­°±²­» ¬·³»ò ³·²«¬»­ 5 íò ß°°®±°®·¿¬» ®»­°±²­» ¬·³» ·² ¬¸» Ý·¬§ò ³·²«¬»­ No ìò ×­ ¿ ²»© º·®» ­¬¿¬·±² ¿°°®±ª»¼ ·² ¬¸» Ý×Ð ¬¸¿¬ ½±«´¼ ­»®ª» ¬¸·­ ¿®»¿á ׺ §»­ô ©¸¿¬ ·­ ¬¸» Ý×Ð °®±¹®¿³ §»¿®á Yes ëò É·´´ ¿ ²»© º·®» ­¬¿¬·±² ¾» ®»¯«»­¬»¼ ·² «°½±³·²¹ Ý×Ð °®±°±­¿´­ ¬± ­»®ª» ¬¸·­ ¿®»¿á 2014 ׺ §»­ô ©¸»² ­¸±«´¼ ¬¸·­ ­¬¿¬·±² ¾» ±°»®¿¬·±²¿´á êò ̱¬¿´ »­¬·³¿¬»¼ º«²¼·²¹ º±® »¯«·°³»²¬ô »³°´±§»»­ ¿²¼ñ±® º¿½·´·¬·»­ ²»»¼»¼ ¬± ­»®ª» ¬¸·­ To be determined. ¿®»¿ ­¬®·½¬´§ ¾¿­»¼ ±² ¿²²»¨¿¬·±² ¿²¼ °®±°±­»¼ ¼»ª»´±°³»²¬ò éò д»¿­» ½±³³»²¬ ±² ¬¸» ½«³«´¿¬·ª» ·³°¿½¬ ±º ¿²²»¨¿¬·±² ¿²¼ ¼»ª»´±°³»²¬ò N/A ߬ ©¸¿¬ °±°«´¿¬·±² ´»ª»´ ©±«´¼ ¿²±¬¸»® º·®» ­¬¿¬·±² º¿½·´·¬§ ¾» ®»¯«·®»¼á ×­ ¬¸»®» ¿² ¿½½»°¬»¼ º¿½·´·¬§ñ»¯«·°³»²¬ ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ No °«®°±­»­á ×­ ¬¸»®» ¿² ¿½½»°¬»¼ º·®» º·¹¸¬»® ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ No °«®°±­»­á ß¼¼·¬·±²¿´ ݱ³³»²¬­æ Ross Chadwick, Fire Chief October 30, 2008 ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ л®­±² ¬± ½±²¬¿½¬ ·º ¬¸»®» ¿®» ¯«»­¬·±²­ Ü¿¬» SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Parks and Recreation ïò ɸ¿¬ ²»·¹¸¾±®¸±±¼ °¿®µ ¿²¼ ®»½®»¿¬·±²¿´ º¿½·´·¬·»­ ¿®» ½«®®»²¬´§ ­»®ª·²¹ ¬¸·­ ¿®»¿ ±® ¿®» ½¿°¿¾´» ±º ­»®ª·²¹ ¬¸·­ ¿®»¿ ·º ¿²²»¨»¼ ¿²¼ñ±® ¼»ª»´±°»¼ øº»¼»®¿´ô ­¬¿¬»ô ±® ´±½¿´÷á None are within the proposed annexation. The closest Denton Parks properties to the proposed annexation area are, Water Works Park and Natatorium Pool complex 4 miles to the south, and the Greenbelt Trail and Clear Creek Nature Center approximately 4 mile to the east. The Lake Ray Roberts State Park areas are to the north and east approximately 1 to 5 miles. Current residents will be able to use existing City of Denton parks, facilities and programs. îò ɸ¿¬ °®±¶»½¬­ ¿²¼ñ±® »¯«·°³»²¬ ©·´´ ¾» ²»»¼»¼ ¬± ¿¼»¯«¿¬»´§ ­»®ª» ¬¸·­ ¿®»¿ ·º ¿²²»¨»¼ ¿²¼ñ±® ¼»ª»´±°³»²¬ ¾¿­»¼ ±² ¬¸» °¿®µ­ ¿²¼ ®»½®»¿¬·±² ³¿­¬»® °´¿² ±® ­·³·´¿® ­¬¿²¼¿®¼­á The 2000 Denton Park and Recreation Master Plan does not extend to the general area of the proposed annexation. Existing open space land at Clear Creek Nature Center and the Greenbelt trail along with facilities of Lake Ray Roberts will provide regional park needs. As neighborhood subdivision development occur neighborhood parks and community parks with athletic facilities will be necessary. 2.5 (to be dedicated at time of Ò»·¹¸¾±®¸±±¼ п®µ­æ ÁÁÁÁ °»® ïôððð °±°«´¿¬·±²ò development) 5 ÁÁÁÁ ¿½®»­ ³·²·³«³ ­·¦»ò (by developer) ÁÁÁÁÁ ½±­¬ °»® ¿½®»ò λ½®»¿¬·±² Ý»²¬»®æ ÁÁÁÁÁ­¯«¿®» º»»¬ °»® ïôððð °±°«´¿¬·±²ò ÁÁÁÁÁ­¯«¿®» º»»¬ ³·²·³«³ ­·¦»ò ÁÁÁÁÁ½±­¬ °»® ­¯«¿®» º±±¬ò Ѭ¸»® º¿½·´·¬·»­ 3 ݱ³³«²·¬§ п®µ­æ ÁÁÁÁ °»® ïôððð °±°«´¿¬·±²ò 30 acres ÁÁÁÁ ³·²·³«³ ­·¦»ò ÁÁÁÁÁ ½±­¬ °»® ­¯«¿®» º±±¬ò íò ر© ³«½¸ ¿¼¼·¬·±²¿´ º«²¼·²¹ ©·´´ ¾» ²»»¼»¼ º±® ³¿·²¬»²¿²½» ·º ¿¼¼·¬·±²¿´ °¿®µ º¿½·´·¬·»­ ¿®» ¼»ª»´±°»¼ ¬± ­»®ª» ¬¸·­ ¿®»¿á None required for Parks at this time. However addition mowing for street right of ways will be needed. Annual Cost for street right of way mowing is estimated at $1,600.00 for the 5 miles or 14.6 acres of new right of way mowing areas to come into the city. ÁÁÁÁÁ ½±­¬ °»® ¿½®»ò ÁÁÁÁÁ ½±­¬ °»® ­¯«¿®» º±±¬ò ìò ر© ³¿²§ ¿¼¼·¬·±²¿´ °»®­±²²»´ ©±«´¼ ¾» ²»»¼»¼ ¬± °®±°»®´§ ­»®ª» ¬¸·­ ¿®»¿ ·º ¿²²»¨»¼ ¿²¼ ¼»ª»´±°»¼á No additional personnel for Parks maintenance required at this time. However additional resources will be required for road right of way mowing along, FM2153, Shepard, Gribble Springs and Indian Wells and county roads in the area. ÁÁÁÁÁ ¿¼¼·¬·±²¿´ °»®­±²²»´ °»® ïôððð °±°«´¿¬·±²å ÁÁÁÁÁ ¿¼¼·¬·±²¿´ °»®­±²²»´ °»® ïôððð ­¯«¿®» º»»¬ ±º º¿½·´·¬§å ±® ÁÁÁÁÁ ¿¼¼·¬·±²¿´ °»®­±²²»´ °»® ¿½®» ±º °¿®µò ëò Í»®ª·½» ͬ¿²¼¿®¼­æ Based on $41.00 per acre per mowing cycle. ß¼¼·¬·±²¿´ ݱ³³»²¬­æ Denton Parks and Recreation Department will attempt to coordinate placement of park facilities proposed for development by the developer or use funds from the Park Land Dedication requirements to purchase or expand existing parks within the service area of this development Bob Tickner, Superintendent of Park Planning October 31, 2008 ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁ л®­±² ¬± ½±²¬¿½¬ ·º ¬¸»®» ¿®» ¯«»­¬·±²­ Ü¿¬» SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Police ïò Û­¬·³¿¬»¼ ¿ª»®¿¹» ®»­°±²­» ¬·³» º±® ¬¸·­ ¿®»¿ ¾¿­»¼ ±² ½«®®»²¬ ¼»°¿®¬³»²¬ ½±²¼·¬·±²­æ 12 Ю·±®·¬§ ÁÁÁÁ ³·²«¬»­ 20 Ò±²ó°®·±®·¬§ ÁÁÁÁ ³·²«¬»­ 15 ߪ»®¿¹» ÁÁÁÁ ³·²«¬»­ îò ß°°®±°®·¿¬» ¿ª»®¿¹» ®»­°±²­» ¬·³» ·² ¬¸» ½·¬§ ¾¿­»¼ ±² ½«®®»²¬ ¼»°¿®¬³»²¬ ½±²¼·¬·±²­æ 7 Ю·±®·¬§ ÁÁÁÁÁ ³·²«¬»­ 12 Ò±²ó°®·±®·¬§ ÁÁÁÁ ³·²«¬»­ 10 ߪ»®¿¹» ÁÁÁÁ ³·²«¬»­ íò ׺ ¿²²»¨»¼ ¿²¼ ¼»ª»´±°»¼ ¿­ °®±°±­»¼ ©·´´ ¿¼¼·¬·±²¿´ °»®­±²²»´ ¾» ²»»¼»¼ ¿­ ¿ ­°»½·º·½ Yes4Police Officers ®»­«´¬ ±º ¬¸·­ °®±°±­¿´á ׺ §»­ô ¸±© ³¿²§á ɸ¿¬ ¬§°»á Yes ìò É·´´ ¿¼¼·¬·±²¿´ »¯«·°³»²¬ ¿²¼ º«²¼·²¹ ¾» ²»»¼»¼ ¬± ­»®ª» ¬¸·­ ¿®»¿á ׺ §»­ô ©¸¿¬ 2 Equipped Police Vehicles ¬§°»á ëò É·´´ ¿ °±´·½» ­«¾­¬¿¬·±² ±® ±¬¸»® º¿½·´·¬§ ¾» ²»»¼»¼ ¬± ­»®ª» ¬¸·­ ¿®»¿ ¿­ ¿ ®»­«´¬ ±º No ¿²²»¨¿¬·±² ¿²¼ ¼»ª»´±°³»²¬á ׺ §»­ô ©¸»² ­¸±«´¼ ¬¸» ²»© º¿½·´·¬·»­ ¾» ±°»®¿¬·±²¿´á ÁÁÁÁÁ êò д»¿­» ½±³³»²¬ ±² ¬¸» ½«³«´¿¬·ª» ·³°¿½¬ ±º ¿²²»¨¿¬·±² ¿²¼ ¼»ª»´±°³»²¬ò 150,000 ߬ ©¸¿¬ °±°«´¿¬·±² ´»ª»´ ©±«´¼ ¿²±¬¸»® °±´·½» º¿½·´·¬§ ¾» ®»¯«·®»¼á ×­ ¬¸»®» ¿² ¿½½»°¬»¼ º¿½·´·¬§ñ»¯«·°³»²¬ ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ No °«®°±­»­á ×­ ¬¸»®» ¿² ¿½½»°¬»¼ ±ºº·½»® ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ °«®°±­»­á The national average for cities in our population range is 1.9 officers per 1000 population. ß¼¼·¬·±²¿´ ݱ³³»²¬­æ Animal Services will require an additional field officer and a vehicle to service this area as proposed. Roy Minter, Chief of Police October 31, 2008 ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ л®­±² ¬± ½±²¬¿½¬ ·º ¬¸»®» ¿®» ¯«»­¬·±²­ Ü¿¬» SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Library ïò Û­¬·³¿¬»¼ ¿¼¼·¬·±²¿´ º«²¼·²¹ ²»»¼»¼ ­¬®·½¬´§ ¾¿­»¼ ±² °®±°±­»¼ ¿²²»¨¿¬·±² ¿²¼ $0.00 ¼»ª»´±°³»²¬ò îò д»¿­» ½±³³»²¬ ±² ¬¸» ½«³«´¿¬·ª» ·³°¿½¬ ±º ¿²²»¨¿¬·±² ¿²¼ ¼»ª»´±°³»²¬ò Since the proposed annexation area is comprised of land adjacent to the City of it will not have a negative impact on library services. 131,738 íò ߬ ©¸¿¬ °±°«´¿¬·±² ´»ª»´ ©±«´¼ ¿²±¬¸»® ´·¾®¿®§ º¿½·´·¬§ ¾» ®»¯«·®»¼á ìò ×­ ¬¸»®» ¿² ¿½½»°¬»¼ ½·®½«´¿¬·±² ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ Yes, The annual circulation per capita average for the legal service °«®°±­»­á area population served by the Denton Public Library is 7.47. ëò ×­ ¬¸»®» ¿² ¿½½»°¬»¼ »³°´±§»» ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ Yes, 1 full-time equivalent staff per 1,000 population and 1 °«®°±­»­á professional librarian (M.L.S.) per 8,000 population. êò ׺ ¿²²»¨»¼ô ½¿² ¿²¬·½·°¿¬»¼ ­»®ª·½» ¼»³¿²¼­ ¾» ³»¬ «­·²¹ »¨·­¬·²¹ ³¿¬»®·¿´­ô º¿½·´·¬·»­ô Yes ¿²¼ °»®­±²²»´á éò ׺ ²±¬ô ¸±© ³¿²§ ¿¼¼·¬·±²¿´ »³°´±§»»­ ¿²¼ ©¸¿¬ ¬§°» ±º º¿½·´·¬·»­ ¿²¼ ³¿¬»®·¿´­ ©·´´ ¾» N/A ²»»¼»¼ ¬± °®±ª·¼» ­»®ª·½»­á ß¼¼·¬·±²¿´ ݱ³³»²¬­æ This annexation will not impact the current level of library services. Eva Poole, Director of Libraries October 30, 2008 ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ л®­±² ¬± ½±²¬¿½¬ ·º ¬¸»®» ¿®» ¯«»­¬·±²­ Ü¿¬» SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Solid Waste Yes ïò ×­ ®»­·¼»²¬·¿´ ­±´·¼ ©¿­¬» ­»®ª·½» ¿ª¿·´¿¾´» ¬± ¬¸» °®±°±­»¼ ¿®»¿ º±® ¿²²»¨¿¬·±²á Yes îò ×­ ½±³³»®½·¿´ ­±´·¼ ©¿­¬» ­»®ª·½» ¿ª¿·´¿¾´» ¬± ¬¸» °®±°±­»¼ ¿®»¿ º±® ¿²²»¨¿¬·±²á íò ɸ¿¬ ·­ ¬¸» »­¬·³¿¬»¼ ½±­¬ ¬± °®±ª·¼» ¬¸·­ ¿®»¿ ©·¬¸ ­±´·¼ ©¿­¬» ­»®ª·½»á The incremental cost to add the additional customers desiring service. Û¯«·°³»²¬ ¿²¼ Ó¿·²¬»²¿²½»ò ÁÁÁÁÁ л®­±²²»´ò ÁÁÁÁÁ ìò ɸ¿¬ ·­ ¬¸» ¬§°·½¿´ ®»ª»²«» ½±´´»½¬»¼ °»®æ $15.50, $17.35, or $18.75 per refuse cart ر«­»¸±´¼ò $4.30 for residential recycling Charges are based on the container size and ݱ³³»®½·¿´ Þ«­·²»­­ frequency of service ëò É·´´ ¿¼¼·¬·±²¿´ »¯«·°³»²¬ ¾» ²»»¼»¼ ¬± ­»®ª» ¬¸·­ ¿®»¿ ·º ¿²²»¨»¼ ±® ¼»ª»´±°»¼á Ò± ¿¼¼·¬·±²¿´ »¯«·°³»²¬ ·­ ®»¯«·®»¼ò NA ̧°» ±º Û¯«·°³»²¬ò NA ݱ­¬ ±º Û¯«·°³»²¬ò êò É·´´ ¿¼¼·¬·±²¿´ »³°´±§»»­ ¾» ²»»¼»¼ ¬± ­»®ª» ¬¸·­ ¿®»¿ ·º ¿²²»¨»¼ ±® ¼»ª»´±°»¼á Ò± ¿¼¼·¬·±²¿´ »³°´±§»»­ ¿®» ®»¯«·®»¼ò NA ̧°» ±º Û³°´±§»»­ò NA Ò«³¾»® ±º Û³°´±§»»­ò éò д»¿­» ½±³³»²¬ ±² ¬¸» ½«³«´¿¬·ª» ·³°¿½¬ ±º ¿²²»¨¿¬·±² ¿²¼ ¼»ª»´±°³»²¬ò N/A ߬ ©¸¿¬ °±°«´¿¬·±² ´»ª»´ ©±«´¼ ¿¼¼·¬·±²¿´ »¯«·°³»²¬ ¾» ®»¯«·®»¼á ×­ ¬¸»®» ¿² ¿½½»°¬»¼ »¯«·°³»²¬ ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ No °«®°±­»­á ×­ ¬¸»®» ¿² ¿½½»°¬»¼ »³°´±§»» ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ No °«®°±­»­á ß¼¼·¬·±²¿´ ݱ³³»²¬­æ Scott Lebsack, SW Administration ManagerOctober 27, 2008 ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ л®­±² ¬± ½±²¬¿½¬ ·º ¬¸»®» ¿®» ¯«»­¬·±²­ Ü¿¬» SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Electric Utilities ïò ɸ¿¬ ·­ ¬¸» ¼·­¬¿²½» ¬±ô ´±½¿¬·±² ±ºô ¿²¼ ­·¦» ±º ¬¸» ²»¿®»­¬ Ý·¬§ ±º Ü»²¬±² »´»½¬®·½ ´·²»á ÁÁÁÁÁ îò ɸ¿¬ ¬§°» ±º ´·²»­ ¿²¼ º¿½·´·¬·»­ ©±«´¼ ¾» ®»¯«·®»¼ ¬± ­»®ª» ¬¸·­ ¿®»¿á ÁÁÁÁÁ íò ß®» ¿²§ ²»© ´·²»­ ±® º¿½·´·¬·»­ °®±°±­»¼ º±® ½±²­¬®«½¬·±² ¬± ­»®ª» ¬¸·­ ¿®»¿á ÁÁÁÁÁ ìò ß®» ¬¸»®» ¿²§ °±¬»²¬·¿´ ®»­°±²­·¾·´·¬·»­ ·º ¬¸·­ ¿®»¿ ·­ ¿²²»¨»¼á ÁÁÁÁÁ ëò д»¿­» ½±³³»²¬ ±² ¬¸» ½«³«´¿¬·ª» ·³°¿½¬ ±º ¿²²»¨¿¬·±² ¿²¼ ¼»ª»´±°³»²¬ò ߬ ©¸¿¬ °±°«´¿¬·±² ´»ª»´ ©±«´¼ ¿¼¼·¬·±²¿´ »¯«·°³»²¬ ¾» ®»¯«·®»¼á ÁÁÁÁÁ ×­ ¬¸»®» ¿² ¿½½»°¬»¼ »¯«·°³»²¬ ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ °«®°±­»­á ÁÁÁÁÁ ×­ ¬¸»®» ¿² ¿½½»°¬»¼ »³°´±§»» ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ °«®°±­»­á ÁÁÁÁÁ ß¼¼·¬·±²¿´ ݱ³³»²¬­æ CoServ Electric has in place on or near the referenced properties an adequate and dependable source of electric power and energy capable of supplying electric service to the proposed development locations. Service can be extended to the developed tracts upon request according to our approved Tariffs. Jim Shannon, Business Development Representative CoServ Electric November 20, 2008 ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ л®­±² ¬± ½±²¬¿½¬ ·º ¬¸»®» ¿®» ¯«»­¬·±²­ Ü¿¬» SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Water/Wastewater ïò ɸ¿¬ ·­ ¬¸» ²»¿®»­¬ Ý·¬§ ±º Ü»²¬±² ©¿¬»® ´·²»á 54 inch Transmission Pipeline Í·¦» ±º ©¿¬»® ´·²»ò West side of FM 2153 from FM428 to Burger Ô±½¿¬·±² ±º ©¿¬»® ´·²»ò Road Varies from 6,000 to 20,000 feet Ü·­¬¿²½» º®±³ °®±°±­»¼ ¿²²»¨¿¬·±²ò See comments below regarding îò ɸ¿¬ ·­ ¬¸» ²»¿®»­¬ Ý·¬§ ±º Ü»²¬±² ­»©»® ´·²»á sewer lines. Í·¦» ±º ­»©»® ´·²»ò ÁÁÁÁÁ Ô±½¿¬·±² ±º ­»©»® ´·²»ò ÁÁÁÁÁ Ü·­¬¿²½» º®±³ °®±°±­»¼ ¿²²»¨¿¬·±²ò ÁÁÁÁÁ íò ß½½±®¼·²¹ ¬± ¬¸» Ý·¬§ ±º Ü»²¬±² ³¿­¬»® °´¿² ©¸¿¬ ¬§°» ±º ´·²»­ ¿²¼ º¿½·´·¬·»­ ©±«´¼ ¾» ®»¯«·®»¼ º±® ¬¸·­ ¿®»¿ ¿²¼ ©¸»² ¿®» ¬¸±­» ´·²»­ ¿²¼ º¿½·´·¬·»­ °®±°±­»¼ º±® ½±²­¬®«½¬·±²ò Í·¦» Ç»¿® Ô±½¿¬·±² 54 inch2017-2032FM2153 and 2164 É¿¬»® ´·²»­ See comments below regarding sewer lines. Í»©»® ´·²»­ No, ìò ß®» ¬¸»®» ¿²§ Ý·¬§ ±º Ü»²¬±² ´·²»­ ·²½´«¼»¼ ·² ¬¸» °®±°±­»¼ ¿²²»¨¿¬·±²á wastewater lines are included in the proposed annexation. ëò д»¿­» ½±³³»²¬ ±² ¬¸» ½«³«´¿¬·ª» ·³°¿½¬ ±º ¿²²»¨¿¬·±² ¿²¼ ¼»ª»´±°³»²¬ 6,250 ߬ ©¸¿¬ °±°«´¿¬·±² ´»ª»´ ©±«´¼ ¿¼¼·¬·±²¿´ »¯«·°³»²¬ ¾» ®»¯«·®»¼á ×­ ¬¸»®» ¿² ¿½½»°¬»¼ »¯«·°³»²¬ ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ 6,250 °«®°±­»­á ×­ ¬¸»®» ¿² ¿½½»°¬»¼ »³°´±§»» ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ 625 °«®°±­»­á ß¼¼·¬·±²¿´ ݱ³³»²¬­æ Ì»¨¿­ ݱ³³·­­·±² ±² Û²ª·®±²³»²¬¿´ Ï«¿´·¬§ øÌÝÛÏ÷ ¸¿­ ·­­«»¼ ¬¸» °»®³·¬ ¬± Ý·¬§ ±º Ü»²¬±² º±® ½±²­¬®«½¬·±² ±º ¬¸» Ý´»¿® Ý®»»µ É¿¬»® λ½´¿³¿¬·±² д¿²¬ øÝÝÉÎÐ÷ ±² Ý·¬§ ±©²»¼ °®±°»®¬§ò ̸·­ °´¿²¬ ©·´´ °®±ª·¼» ©¿­¬»©¿¬»® ¬®»¿¬³»²¬ ­»®ª·½» º±® ¼»ª»´±°³»²¬ ·² ¬¸» Ý´»¿® Ý®»»µñÓ·´¿³ Ý®»»µñÝ«´° Þ®¿²½¸ ­»©»®­¸»¼­ò ̸» °®±°±­»¼ Ý®¿ª»® ο²½¸ ¼»ª»´±°³»²¬ ´·»­ ©·¬¸·² ¬¸» Ý·¬§ ±º Ü»²¬±² É¿­¬»©¿¬»® ÝÝÒò ß´´ ©¿­¬»©¿¬»® º´±©­ º®±³ ¬¸·­ ¼»ª»´±°³»²¬ ­¸¿´´ ¾» ½±²ª»§»¼ ¬± ¬¸» °®±°±­»¼ ÝÝÉÎÐò ̸» Ý®¿ª»® ο²½¸ Ü»ª»´±°»® ­¸¿´´ ¼»ª»´±° ¿ ©¿­¬»©¿¬»® ³¿­¬»® °´¿² ¿²¼ ¼»¬»®³·²» ¬¸» ¯«¿²¬·¬§ ±º ©¿­¬»©¿¬»® º´±©­ ¬± ¾» ¹»²»®¿¬»¼ º®±³ ¬¸» ¼»ª»´±°³»²¬ò ̸» Ü»ª»´±°»® ­¸¿´´ ¼»­·¹² ¿²¼ ½±²­¬®«½¬ ¬¸» ­»©»® ´·²» ­·¦»¼ ¬± ½±²ª»§ ¿´´ ©¿­¬»©¿¬»® º´±©­ º®±³ ¬¸» ¼»ª»´±°³»²¬ ·² ¿½½±®¼¿²½» ©·¬¸ ¬¸» ©¿­¬»©¿¬»® ³¿­¬»® °´¿²ô ¬± ¬¸» ÝÝÉÎÐò ̸» ­»©»® ´·²» »¨¬»²­·±² ­¸¿´´ ¾» ¼»­·¹²»¼ «²¼»® ½«®®»²¬ Ý·¬§ ­«¾¼·ª·­·±² ¿²¼ ¼»ª»´±°³»²¬ ½±¼» ¿²¼ ©¿¬»®ñ©¿­¬»©¿¬»® ¼»­·¹² ½®·¬»®·¿ ³¿²«¿´ ®»¯«·®»³»²¬­ò ̸» ¿²¿´§­·­ ¿²¼ ®»ª·»© ±º ¬¸» ©¿­¬»©¿¬»® ³¿­¬»® °´¿² ©·´´ ¾» ®»¯«·®»¼ ¼«®·²¹ ¬¸» ¹»²»®¿´ ¼»ª»´±°³»²¬ ¿²¼ ¬¸» °®»´·³·²¿®§ °´¿¬ °®±½»­­ò ̸» ³¿¶±® ¬®«²µ ­»©»®­ ©·¬¸·² ¬¸» ¼»ª»´±°³»²¬ ¿²¼ ¬¸» ±ººó­·¬» ­»©»® ´·²» »¨¬»²­·±² ©·´´ ¾» ­«¾¶»½¬ ¬± ½±²­·¼»®¿¬·±² º±® ±ª»®­·¦» °¿®¬·½·°¿¬·±² ¿¹®»»³»²¬­ ¾§ ¬¸» Ý·¬§ ·² ¿½½±®¼¿²½» ©·¬¸ ½«®®»²¬ Ý·¬§ ­«¾¼·ª·­·±² ¿²¼ ¼»ª»´±°³»²¬ ½±¼» ®»¯«·®»³»²¬­ò Ѫ»®­·¦» °¿®¬·½·°¿¬·±² ¿¹®»»³»²¬­ ¿®» ­«¾¶»½¬ô ¸±©»ª»®ô ¬± ¿°°®±ª¿´ ¾§ ¬¸» Ü»²¬±² Ý·¬§ ݱ«²½·´ ¿º¬»® ®»½»·ª·²¹ ¿ ®»½±³³»²¼¿¬·±² º®±³ ¬¸» Ý·¬§ ±º Ü»²¬±² Ы¾´·½ ˬ·´·¬·»­ Þ±¿®¼ò ̸» Ü»ª»´±°»® ³¿§ »´»½¬ ¬± ®»¯«»­¬ ¿ °®±ó®¿¬¿ ¿¹®»»³»²¬ º®±³ ¬¸» Ý·¬§ º±® ¿²§ ±ººó­·¬» ­»©»® ·³°®±ª»³»²¬­ ·² ¿½½±®¼¿²½» ©·¬¸ ½«®®»²¬ Ý·¬§ ­«¾¼·ª·­·±² ¿²¼ ¼»ª»´±°³»²¬ ½±¼» ®»¯«·®»³»²¬­ò Ю±ó®¿¬¿ ¿¹®»»³»²¬­ ¿®» ­«¾¶»½¬ ¬± ¿°°®±ª¿´ ¾§ ¬¸» Ü»²¬±² Ý·¬§ ݱ«²½·´ ¿º¬»® ®»½»·ª·²¹ ¿ ®»½±³³»²¼¿¬·±² º®±³ ¬¸» Ý·¬§ ±º Ü»²¬±² Ы¾´·½ ˬ·´·¬·»­ Þ±¿®¼ò Ü»ª»´±°»® «²¼»®­¬¿²¼­ ¬¸¿¬ ¬¸» Ý·¬§ ½¸¿®¹»­ ·³°¿½¬ º»»­ º±® ¿´´ ²»© ±® »¨°¿²¼»¼ ©¿¬»® ±º ¬¸» ±ººó­·¬» ­»©»® ´·²» ¬± ½±²ª»§ ©¿­¬»©¿¬»® º´±©­ º®±³ ¬¸» ¼»ª»´±°³»²¬ ¬± ¬¸» ÝÝÉÎÐ ¼±»­ ²±¬ ®»°®»­»²¬ ¿²§ ½®»¼·¬ ¿¹¿·²­¬ ·³°¿½¬ º»»­ ¼«» ¬¸» Ý·¬§ò ׳°¿½¬ º»»­ ¿®» ¿­­»­­»¼ º±® ¿´´ ½±²²»½¬·±²­ ¬± ¬¸» Ý·¬§ ©¿¬»®ñ©¿­¬»©¿¬»® ­§­¬»³ ¾¿­»¼ ±² ¬¸» ®¿¬» ­½¸»¼«´» ¬¸¿¬ ·­ ·² »ºº»½¬ ¿¬ ¬¸» ¬·³» ±º °´¿¬¬·²¹ò ׳°¿½¬ º»»­ ©·´´ ¾» ½±´´»½¬»¼ ¿¬ ¬¸» ¬·³» ¿ ¾«·´¼·²¹ °»®³·¬ ·­ ±¾¬¿·²»¼å ±® ·º ¿ ¾«·´¼·²¹ °»®³·¬ ·­ ²±¬ ®»¯«·®»¼ô ·¬ ·­ ½±´´»½¬»¼ ¿¬ ¬¸» ­§­¬»³ò P. S. Arora, Assistant Director WastewaterNovember 19, 2008 Tim Fisher, Assistant Director Water Utilities December 1, 2008  ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ л®­±² ¬± ½±²¬¿½¬ ·º ¬¸»®» ¿®» ¯«»­¬·±²­ Ü¿¬» SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Engineering and Transportation ïò ɸ¿¬ »¨·­¬·²¹ ®±¿¼­ô ¾®·¼¹»­ ¿²¼ ±¬¸»® ¬®¿²­°±®¬¿¬·±² º¿½·´·¬·»­ ©·´´ ¾» ·³°¿½¬»¼ ¾§ ¬¸·­ °®±°±­»¼ ¿²²»¨¿¬·±² ¿²¼ ¼»ª»´±°³»²¬ ·² ¬»®³­ ±º ²»»¼»¼ ·³°®±ª»³»²¬­ ±® «°¹®¿¼»­á Ò¿³» ¿²¼ ´±½¿¬·±² ̧°» ±º ׳°®±ª»³»²¬ ß°°®±¨·³¿¬» ݱ­¬ No CIP roadway improvements are scheduled, see comments below îò ß®» ¿²§ ±º ¬¸»­» ·³°®±ª»³»²¬­ °®»­»²¬´§ ­½¸»¼«´»¼ ¬± ¾» ¼±²» ¿¬ ­¬¿¬» ±® º»¼»®¿´ NO »¨°»²­»á ׺ §»­ô °´»¿­» ·¼»²¬·º§ º¿½·´·¬§ ¿²¼ ¿²¬·½·°¿¬»¼ ¼¿¬» ·³°®±ª»³»²¬­ ©·´´ ¾»¹·²ò ÁÁÁÁÁ íò д»¿­» ´·­¬ ¿²§ ¼®¿·²¿¹» ·³°®±ª»³»²¬­ ¬¸¿¬ ³¿§ ®»¯«·®» ´±½¿´ º«²¼·²¹ô ¿²¼ ·²½´«¼» »­¬·³¿¬»¼ ½±­¬ ø·º ²± ­°»½·º·½ ·³°®±ª»³»²¬­ ½¿² ¾» ¼»¬»®³·²»¼ô °´»¿­» ³¿µ» ¹»²»®¿´ ½±³³»²¬­ ½±²½»®²·²¹ ¼®¿·²¿¹»÷ò City of Denton is not aware of any drainage improvements that have been targeted for the annexation areas that would require city funding. However, any drainage structures within the annexation areas and perimeter road in the area may require improvements during future development if any drainage structure does not handle a 100-year storm event. ìò É·´´ ¿¼¼·¬·±²¿´ »¯«·°³»²¬ ¿²¼ º¿½·´·¬·»­ ¾» ²»»¼»¼ ¿­ ¿ ­°»½·º·½ ®»­«´¬ ±º ¬¸·­ ¿²²»¨¿¬·±² NO ¿²¼ ¼»ª»´±°³»²¬á ׺ §»­ô ©¸¿¬ ¬§°» ±º »¯«·°³»²¬ ±® º¿½·´·¬§á ÁÁÁÁÁ ëò д»¿­» ½±³³»²¬ ±² ¬¸» ½«³«´¿¬·ª» ·³°¿½¬ ±º ¿²²»¨¿¬·±² ¿²¼ ¼»ª»´±°³»²¬ò N/A ߬ ©¸¿¬ °±°«´¿¬·±² ´»ª»´ ©±«´¼ ¿¼¼·¬·±²¿´ »¯«·°³»²¬ ¾» ®»¯«·®»¼á ×­ ¬¸»®» ¿² ¿½½»°¬»¼ »¯«·°³»²¬ ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ N/A °«®°±­»­á ×­ ¬¸»®» ¿² ¿½½»°¬»¼ »³°´±§»» ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ N/A °«®°±­»­á ß¼¼·¬·±²¿´ ݱ³³»²¬­æ A Traffic Impact Analysis (TIA) will be required that assess the effects to the existing roadways as well as those required of the Denton Mobility Plan. Additional roadways The property owner should be aware that there is a proposed E/W Tollway for this area that may align with a part of the southern boundary of the larger tact and should contact the proper authority(ies) for more information. Dale Hoelting October 31, 2008 Bud Vokoun December 1, 2008 ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ л®­±² ¬± ½±²¬¿½¬ ·º ¬¸»®» ¿®» ¯«»­¬·±²­ Ü¿¬» SERVICE AREA ANALYSIS A08-0001 JNC Properties Annexation Denton Independent School District ïò Û¼«½¿¬·±² ­»®ª·½»­ ¿®» ½«®®»²¬´§ °®±ª·¼»¼ ¾§æ Denton Independent School District îò ׺ ¿²²»¨»¼ô ½¿² ¿²¬·½·°¿¬»¼ ­»®ª·½» ¼»³¿²¼­ ¾» ³»¬ «­·²¹ »¨·­¬·²¹ ³¿¬»®·¿´­ô º¿½·´·¬·»­ ¿²¼ °»®­±²²»´á Current DISD facilities and staff levels will not service the student population based on planned residential/commercial development of the 865.92 acres. íò ر© ³¿²§ ¿¼¼·¬·±²¿´ »³°´±§»»­ ¿²¼ ©¸¿¬ ¬§°» ±º º¿½·´·¬·»­ ¿²¼ ³¿¬»®·¿´­ ©·´´ ¾» ²»»¼»¼ ¬± °®±ª·¼» ­»®ª·½»­á ±«ª??YÜñÂÆ££±ôÃÐÆÂÆ££±¼£?±É£?È Â?kª?É£?k±?㪠740 321 337 1398 «?kúñÃ?YÆ?kÃ?«ª?3È/44 Â?øøêÐ3443232320 DISD student yield per residential unit: Í·²¹´» º¿³·´§ §·»´¼ º¿½¬±® ±º òéë ­¬«¼»²¬­ °»® «²·¬æ øòìð ã Û´»³»²¬¿®§ô òïé ã Ó·¼¼´» ͽ¸±±´ô òïè ã Ø·¹¸ ͽ¸±±´÷ Ò±²ó­«¾­·¼·¦»¼ Ó«´¬·óº¿³·´§ §·»´¼ º¿½¬±® ±º òïîæ øòðê ã Û´»³»²¬¿®§ô òðí ã Ó·¼¼´» ͽ¸±±´ô òðí ã Ø·¹¸ ͽ¸±±´÷ Í«¾­·¼·¦»¼ Ó«´¬·óº¿³·´§ §·»´¼ º¿½¬±® ±º òëíæ øòíð ã Û´»³»²¬¿®§ô òïî ã Ó·¼¼´» ͽ¸±±´ô òïï ã Ø·¹¸ ͽ¸±±´ Ý¿´½«´¿¬·±²­ ¾¿­»¼ ±² Ý·¬§ ±º Ü»²¬±² λ­·¼»²¬·¿´ Ü¿¬¿ øìðî ¿½®»­ ÍñÚ ¨ ì «²·¬­ °»® ¿½®» ã ïêðè ÍñÚ «²·¬­÷ ó øïïí ¿½®»­ ÓñÚ ¨ ïì «²·¬­ °»® ¿½®» ã ïëèî ÓñÚ «²·¬­÷ ìò Û­¬·³¿¬» ¿¼¼·¬·±²¿´ º«²¼·²¹ ²»»¼»¼ ­¬®·½¬´§ ¾¿­»¼ ±² °®±°±­»¼ ¿²²»¨¿¬·±² ¿²¼ ¼»ª»´±°³»²¬ò ±«ª??YÜñÂÆ££±ôÃÐÆÂÆ££± New Facilities Cost $21 Million $49 Million $100 Million x1È/Üñ±Ã£ªx0.2Ë444x0.2Ë444 Staffing Salary ëò É·´´ °®±¶»½¬»¼ ­½¸±±´ ¬¿¨»­ º®±³ ¬¸·­ ¼»ª»´±°³»²¬ °®±ª·¼» ¬¸¿¬ ¿¼¼·¬·±²¿´ º«²¼·²¹á To be determined. êò д»¿­» ½±³³»²¬ ±² ¬¸» ½«³«´¿¬·ª» ·³°¿½¬ ±º ¿²²»¨¿¬·±² ¿²¼ ¼»ª»´±°³»²¬ DISD will require additional school bond programs to finance construction of new facilities. éò ߬ ©¸¿¬ °±°«´¿¬·±² ´»ª»´ ©±«´¼ ±¬¸»® ­½¸±±´ º¿½·´·¬·»­ ¾» ®»¯«·®»¼ º±® ¬¸» Ý·¬§ ±º Ü»²¬±²á New facilities are designed to accommodate the following: Elementary - 550 - 650 students Middle School - 900 - 1000 students High School - 1800 - 2000 students èò ×­ ¬¸»®» ¿² ¿½½»°¬¿¾´» »³°´±§»» ¬± °±°«´¿¬·±² ®¿¬·± ¬¸¿¬ ½¿² ¾» «­»¼ º±® °´¿²²·²¹ °«®°±­»­á Elementary - 22 students per teacher Middle School - 28 students per teacher High School - 28 students per teacher Rod Reeves, Facilities Coordinator December 3, 2008 ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ л®­±² ¬± ½±²¬¿½¬ ·º ¬¸»®» ¿®» ¯«»­¬·±²­ Ü¿¬» Responses to Public Hearing Notice                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ CITY OF DENTON CITY COUNCIL MINUTES February 2, 2009 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Special Called Work Session on Monday, February 2, 2009 at 11:30 a.m. in the Municipal Court at City Hall East. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno, Mulroy, Thomson and Watts. ABSENT: None 1.The Council held a discussion with Municipal Court/Municipal Judge’s Office regarding, but not limited to department history, functions, programs, and major accomplishments. Municipal Judge Robin Ramsay provided a tour of the Municipal Court/Municipal Judge facilities including the Central Jury Room, Municipal Court processing area, Courtroom and Jury Room. Employees of the Municipal Court and Judge’s office were introduced. He stated that in the summer of 2008, the Court received audio and video improvements, as well as physical improvements to the Courtroom. Those improvements improved the efficiency of the Court. A demonstration of the new equipment showed the presentation of evidence in trial processes and the impact on the justice system. The 2008 Annual Statistical Report-Denton Municipal Court of Record was reviewed. With no further business, the meeting was adjourned at 1:00 p.m. ___________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 3, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 3, 2009 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno, Mulroy, Thomson and Watts. ABSENT: None 1.Staff responded to requests for clarification of agenda items listed on the agenda for February 3, 2009. Council Member Mulroy asked about Items 4 and 5 on the Work Session. He wanted to make sure that the International Codes would not conflict with the property maintenance code that was being developed. He also noted that the proposed ordinance had a 14 day effective date. He suggested making a longer effective date such as 30-45 days. City Manager Campbell indicated that they did not conflict with the property maintenance code. Council Member Mulroy asked for an explanation as to why there was only one bidder for Item 3D. Tom Shaw, Purchasing Agent, reviewed the process involved in receiving the bid. Council Member Mulroy asked for an explanation of the State deficiency associated with Item 3E- painting of the water storage tank. Jim Coulter, Director Water/Wastewater, stated that the State had indicated that the corrosion on the outside of the tank was a problem. th Council Member Watts asked that the minutes of January 13, page 2, be amended to add the word “long” after “how”. Mayor Burroughs questioned the intent of Item 3B. He felt that the intent was for moving vehicles only but that the implementation might be a problem. A parent could be in a parked vehicle with the engine running waiting for child and trying to call that child to tell him/her where he was and receive a violation for using a cell phone in an active school zone. That was not the intent of the ordinance but rather was for a moving vehicle. City Attorney Burgess stated that a revised ordinance had been prepared which addressed that concern. Mayor Burroughs indicated that the item would be pulled for separate consideration. Mayor Burroughs stated that he had the some concerns regarding Items 3K and 3L as did Council Members Mulroy and Watts. He suggested having a short presentation in the regular session to address the fact that these codes would not conflict with the proposed property maintenance code provisions. City of Denton City Council Minutes February 3, 2009 Page 2 2.The Council received a report, held a discussion, and gave staff direction regarding results of the 2008 City of Denton Citizen Survey. Lindsey Baker, Assistant to the City Manager, stated that the purpose of the citizen survey was to provide a guide for future resource allocations and well as a benchmark for trend analysis. It was best if this survey could be done every two years. The survey also helped assess the quality of customer service for citizens. Dr. Paul Ruggiere, Survey Research Center of UNT, stated that the survey included 800 residents by phone and an Internet survey of 254 residents. The purpose of the survey was to measure community and neighborhood services, public safety, customer service, and mobility. Two hundred people were interviewed from each city council district. He reviewed the details of how the survey was conducted and the benchmark methodology. The City’s responses were compared to Metroplex Benchmark Survey data for the Metroplex, Denton County and similar metroplex suburbs. Areas surveyed included (1) quality of life; (2) community and neighborhood services consisting of library services, parks, recreational programs, trash collection services, recycling services, animal control, storm water drainage, and code enforcement; (3) public safety consisting of police and fire; (4) mobility consisting of street maintenance, efficiency of travel, bicycle travel, and bus service; (5) customer service issues consisting of contact with the city, communication including information about city services, Internet access and visiting the city website and; (6) value of service compared to taxes and fees and funding questions. The conclusions of the survey indicated that 88% of residents rated the quality of life in Denton as excellent or good; 95% considered Denton a safe or very safe place to live; schools, parks, library and several basic services received positive ratings by large percentages and 71% rated street and road surfaces as fair or poor. Council Member Moreno questioned the sampling amount. He wondered if 1000 people surveyed in a city with an excess of 100,000 people was adequate. Ruggiere stated yes that larger samples didn’t have a significant change in percentages. City Manager Campbell stated that the results of the survey would be used to help allocate resources for budgeting and to see where trends were developing plus improve in areas which were low on the survey. 3.The Council received a report, held a discussion and gave staff direction regarding proposed amendments applicable to the Rayzor Ranch Overlay District and Rayzor Ranch Special Sign District on approximately 410 acres of land, generally located on both sides of West University Drive (U.S. Highway 380) and being generally located between IH-35 and Bonnie Brae Street. (Z06-0029 andZ06-0030, Rayzor Ranch). Chuck Russell, Planning Supervisor, stated that this briefing would provide updates on Rayzor Ranch in the following areas: City of Denton City Council Minutes February 3, 2009 Page 3 1. Trade Dress provisions – Russell reviewed the current provisions approved by Council. The applicant suggested additional provisions to include an administrative or a Planning and Zoning Commission limited waiver of up to 10% and in-line retail building could utilize an aggregate percentage of trade dress (25%). 2.Architectural guidelines – Council had already approved the big box retail guidelines. Council still needed to address everything else outside that area. 3.Landscaping – current landscaping proposals exceeded the basic canopy coverage and included all special drainage areas and the frontage road. The only deviation was the design for street trees along Highway 380. 4.Special sign district – the north side special sign district was completed. Staff was currently working on wall signs and monument signs. 5.Master site plan change – the proposed concept was to move the proposed Dillard’s store and consider more of a concept plan than a site specific plan. 6.I-35 corridor uses – pad sites along service road on the south side might be used for restaurants. These parcels could be made part of the other out parcels so they could be developed ahead of the town center parcels. 7.Residential density – the developer felt that they needed to increase the residential density to more multifamily in order to make the project work. Right now approximately 750 units were approved. 4.The Council received a report, held a discussion and gave staff direction regarding an amendment of Section 28-27 of the Code of Ordinances to provide for the adoption of the 2006 International Building Code, 2006 International Residential Code for one and two family dwellings, 2006 International Fuel Gas Code, 2006 International Plumbing Code, and the 2006 International Mechanical Code all published by the International Code Council. Kurt Hansen, Building Official, stated that the proposal was for the 2006 building codes. New codes were published every three years. The codes were initially composed on a national level and then amended to suit local needs. The North Central Texas Council of Governments participated in the development of local regional amendments. Staff met with the building community in November of 2008 to provide information regarding the proposed changes. Special attention was given to the proposed local amendments. The Construction Appeals and Advisory Board recommended approval of the codes. Mayor Burroughs noted that the fire code was not being considered. Hansen stated that the Fire Department would be bringing that code forward at a future meeting. Council Member Mulroy asked about the effective dates of the ordinances. Hansen stated that the inspectors had been telling the contractors that the codes would change on st March 1 A delay of 30-45 days would not be a problem. City of Denton City Council Minutes February 3, 2009 Page 4 Consensus of the Council was to proceed with the proposed ordinances with a change in the effective date to 30 days from date of passage. 5.The Council received a report, held a discussion and gave staff direction regarding an amendment of Section 28-27 of the Code of Ordinances to provide for the adoption of the 2006 International Energy Conservation Code, as published by the International Code Council. Kurt Hansen, Building Official, stated that it was recommended to adopt the 2006 energy conservation code with local amendments and that the requirements would exceed 10% of the national code. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:45 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1.Closed Meeting: A.Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071 and Section 551.087 – Deliberations regarding Economic Development Negotiations. 1.Received a report and held a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding granting economic development incentives to Allegiance Hill Development, LP with respect to development at Rayzor Ranch. This discussion shall include commercial or financial information the City Council has received from Allegiance Hill Development, LP which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the city council is conducting economic development negotiations; including the offer of financial or other incentives. Regular Meeting of the City of Denton City Council on Tuesday, February 3, 2009 at 6:30 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards City of Denton City Council Minutes February 3, 2009 Page 5 1. Proclamation for Denton Family Unity Week. 2. Proclamation for Go Direct/Direct Express Month. 3. Presentation of Fleet Services Award naming them one of the top 100 fleets in North America. Mayor Burroughs presented proclamations for Denton Family Unity Week and Go Direct/Direct Express Month. Jon Fortune, Assistant City Manager, presented an award to Fleet Services for being named one of the top 100 fleets in North America. 3. CONSENT AGENDA Bob Clifton submitted a Speaker Card in opposition to Item 3B. Robert Donnelly submitted a Comment Card on Item 3B. Amy Manuel submitted a Speaker Card in favor of Item 3N. Mulroy motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions plus the minutes with the noted correction with the exception of Items B, K, L and O. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Item 3B was considered. Mayor Burroughs indicated that the proposed ordinance was not clear whether a vehicle that was stopped and parked but running in front of school would apply to the ordinance. The vehicle was not moving but the driver was using a cell phone and could be ticketed. The intent of the ordinance was not intended for that situation but could still be a ticketed offense. City Attorney Burgess stated that a substitute ordinance was proposed in which the ordinance would not apply to the use of a cell phone by the operator of a motor vehicle when the motor vehicle was legally parked and stationary, whether or not the motor was running. Mayor Burroughs also felt that the effective date of 14 days from date of passage was too short a time to educate drivers about the new ordinance. Council Member Watts agreed that 14 days was too short. Council Member Heggins suggested making the effective date the start of the next of school year or August 1, 2009. Heggins motioned, Kamp seconded to adopt the ordinance with the effective date of August, 1 2009 and the noted substitute language. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. City of Denton City Council Minutes February 3, 2009 Page 6 Item 3K was considered. Kurt Hansen, Building Official, stated that the proposal was for the 2006 building codes. New codes were published every three years. The codes were initially composed on a national level and then amended to suit local needs. The North Central Texas Council of Governments participated in the development of local regional amendments. Staff met with the building community in November of 2008 to provide information regarding the proposed changes. Special attention was given to the proposed local amendments. The Construction Appeals and Advisory Board recommended approval of the proposed codes. Council Member Mulroy wanted to clarify that passage of the updated codes would not interfere with the proposed property maintenance code when completed. Hansen replied correct that they would not interfere. He also indicated that an effective date of 30 days from the date of passage would be acceptable. Mulroy motioned, Kamp seconded to adopt the ordinance with the noted changes. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Item 3L was considered. City Attorney Burgess stated that the effective date of this ordinance would also be changed to 30 days from date of passage. Kamp motioned, Heggins seconded to adopt the ordinance with the change as indicated. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”.Motion carried unanimously. Item 3O was considered. Council Member Watts asked for a clarification of this item. John Knight, Deputy City Attorney, stated that the ordinance would correct a discrepancy by granting the City Manager authority to execute change orders as authorized by the applicable section of state law. Watts motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. A. Approved the minutes of: January 6, 2009 January 13, 2009 City of Denton City Council Minutes February 3, 2009 Page 7 B. 2009-022 - An ordinance of the City of Denton, Texas, supplementing Chapter 18 of the Code of Ordinances and enacting a new Section 18-215 titled “Use of Hand Held Mobile Telephones Prohibited in School Zones;” providing for a penalty not to exceed $200; providing for a severability clause; providing for incorporation into the Code of Ordinances; and providing for an effective date. C. 2009-023 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of hot mix asphalt concrete for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4236–Annual Contract for Hot Mix Asphalt Concrete awarded to the lowest responsible bidder for each item, Jagoe-Public Company, in the estimated cumulative annual amount of $1,750,000). D. 2009-024 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of ready mix concrete and cement products for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4242–Annual Contract for Ready Mix Concrete and Cement Products awarded to the lowest responsible bidder for each section in the estimated cumulative annual amount of $500,000). E. 2009-25 - An ordinance authorizing the City Manager to execute Change Order Number One to the contract between the City of Denton and J.R. Stelzer Company; providing for the expenditure of funds therefor; and providing an effective date (Bid 3945–High School Elevated Storage Tank Change Order Number One in the amount of $73,400). The Public Utilities Board recommended approval (6-0). F. 2009-026 - An ordinance authorizing the financing of fleet vehicles and equipment for the City’s Solid Waste and Wastewater Departments through a lease purchase financing agreement; providing for the expenditure of funds therefore; and providing an effective date (File 4247–Third Party Lease Purchase of Solid Waste and Wastewater Vehicles and Equipment, approximate finance charges of $257,351.57 for 60 months in the estimated principal sum of $2,369,488 for an estimated total payback amount of $2,626,839.57). G. 2009-027 - An ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston-Galveston Area Council (H-GAC), Buy Board Cooperative Purchasing Network for the acquisition of vehicles and equipment for the City of Denton Utility Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4224–Interlocal Agreement for the purchase of Utility Fund Vehicles and Equipment awarded to multiple vendors as listed on Exhibit A in the amount of $2,416,741.25). The Public Utilities Board recommended approval (6-0). H. 2009-028 - An ordinance accepting competitive bids and awarding a public works contract for the construction of two control buildings for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an City of Denton City Council Minutes February 3, 2009 Page 8 effective date (Bid 4200–Control Buildings for RD Wells Interchange awarded to Systems Control in the amount of $296,928 and Hickory Substation awarded to Stuart C. Irby Company in the amount of $216,090 for a total award of $513,018). The Public Utilities Board recommended approval (6-0). I. 2009-029 - An ordinance accepting competitive bids and awarding a contract for the purchase of underground line location services for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4178–Underground Line Location awarded to SM&P Utility Resources, Inc. in the amount of $265,000). The Public Utilities Board recommended approval (6-0). J. 2009-030 - An ordinance authorizing the City Manager to execute Change Order Numbers One and Two to the contract between the City of Denton and Chain Electric Company; providing for the expenditure of funds therefor; and providing an effective date (Bid 4152–138 kV Transmission Line Construction 2009 Change Order Number One in the amount of $88,605 and Change Order Number Two in the amount of $21,000 for a total Change Order amount of $109,605). The Public Utilities Board recommended approval (6-0). K. 2009-031 - An ordinance of the City of Denton, Texas amending Section 28-27 of the Code of Ordinances to provide for the adoption of the 2006 International Building Code, 2006 International Residential Code for one and two family dwellings, 2006 International Fuel Gas Code, 2006 International Plumbing Code, and the 2006 International Mechanical Code all published by the International Code Council; regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupancy and use; providing for the condemnation of buildings and structures unfit for human occupancy, providing for the regulation and governing of the construction, altering, movement, enlargement, replacement, repair, equipment location, removal and demolition of detached one and two family dwellings and multiple single family dwellings not more than three stories in height with separate means of egress; providing the regulation and governing of the design construction, quality of materials, erection, installation, alteration, repairs, location, relocation, replacement, addition to, use or maintenance of plumbing and mechanical systems in the city of Denton, Texas; providing for the regulation and governing of fuel gas systems and gas fired appliances; providing for the issuance of permits and collection of fees thereof; providing for amendments thereto; providing for a penalty for violation of a fine not to exceed $2,000.00; providing for a severability clause; repealing all ordinances in conflict therewith; and providing for an effective date. L. 2009-032 - An ordinance of the City of Denton, Texas amending Section 28-27 of the Code of Ordinances to provide for the adoption of the 2006 International Energy Conservation Code, as published by the International Code Council; providing for amendments thereto; providing for a penalty for violation of a fine City of Denton City Council Minutes February 3, 2009 Page 9 not to exceed $2000.00; providing for a severability clause; repealing all ordinances in conflict therewith; and providing for an effective date. M. 2009-033 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the University of North Texas for the purpose of hosting the African Cultural Festival; providing for the expenditure of funds therefor; and providing for an effective date. ($750) N. R2009-004 - A resolution approving a legislative position on Rail North Texas as st a primary legislative item in the 81 Texas Legislature supporting taxes or fees to generate revenue to fund regional rail and supplemental roadway improvements North Central Texas. The Mobility Committee recommended approval (2-0) O. 2009-034 - An ordinance authorizing the City Manager to approve change orders in city contracts that are subject to competitive bidding or competitive proposal requirements as specified in the Texas Local Government Code Section 252.048; and providing an effective date. P. 2009-035 - An ordinance ordering an election to be held in the City of Denton, Texas, on May 9, 2009, and if a runoff election is required, on June 13, 2009, for the purpose of electing council members to Places 1, 2, 3, and 4 of the City Council of the City of Denton, Texas; designating voting places and appointing election officials; providing for bilingual notice of the election; ordering that an electronic voting system be used; making additional provisions for the conduct thereof; providing an open meetings clause; and providing for an effective date. Q. 2009-036 - An ordinance approving an agreement between the City of Denton and the Denton Independent School District relating to holding their elections jointly on May 9, 2009 in election districts that can be served by common polling places; and providing an effective date. 4.ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution creating a Charter Review Committee to consider and advise the City Council whether and in what manner to revise City Charter provisions governing mayor and council member terms of service or changes of position during terms of service on the City Council and providing an effective date. City Attorney Burgess stated that the purpose of the resolution was to create a committee to discuss this matter and bring forward recommendations for the city council to consider. The action was to create the committee. If approved, Council would make appointments to the committee at the next meeting. Mayor Burroughs suggested changing the number of members on the committee from 15 to 21. Three appointments per council member and the committee itself would select a chair. A Speaker Card was submitted by Bob Clifton in opposition to the resolution. City of Denton City Council Minutes February 3, 2009 Page 10 Kamp motioned, Thomson seconded to approve the resolution as amended with 21 members selecting their own chair. Council Member Mulroy suggested that the committee consider all of Article 2. He felt the proposed scope was too narrow. Mayor Pro Tem Kamp stated that this suggestion was very different from what had been considered in the past and she was not comfortable voting on the entire section at this time. Public concern had been for term limits for council members. She would need more time to consider all of that section. Mayor Burroughs stated that the item could be postponed until the next meeting to look at the entire section or take action this evening. Council Member Mulroy felt it would be better to be more thorough than less. Council Member Watts stated that this could be expanding the scope of the work of the committee including the potential increase in length of terms. He would like more information on Article 2. Mayor Pro Tem Kamp didn’t want unintended consequences by looking at the entire Article 2. Thomson motioned, Heggins seconded to table the item to allow for a work session at the next meeting. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. B. The Council considered nominations/appointments to the City’s Boards and Commissions (Historic Landmark Commission, Human Services Advisory Committee and Traffic Safety Commission). Council Member Moreno stated he did not have a nomination at this time Mayor Burroughs nominated Angie Jester to the Human Services Advisory Committee. He did not have a nomination for Traffic Safety Commission at this time. Burroughs motioned, Mulroy seconded to approve the nomination. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. C. 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. Council Member Thomson asked for a work session on council member compensation. D. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes February 3, 2009 Page 11 There was no continuation of the Closed Session. E. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 7:50 p.m. ___________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: February 17, 2009 DEPARTMENT: Utilities ACM: Howard Martin, 349-8202 ________________________________________________________________________ SUBJECT Hold a public hearing and consider adoption of an ordinance of the City Council of the City of Denton authorizing the acceptance of deed restrictions prohibiting the use of designated groundwater from beneath the property, generally described as the 0.79 acre tract, being part of Lot 1, Block 1 Victoria Square, generally at the northeast corner of south Locust and East Prairie Streets, Denton, Texas, to facilitate certification of a municipal setting designation ("MSD) of said property by the Texas Commission on Environmental Quality ("TCEQ), pursuant to the Texas Solid Waste Disposal Act; and providing for an effective date. BACKGROUND th In 2003, the 78 Texas Legislature passed a Municipal Setting Designation (MSD) law concerning requirements for removing contaminants from groundwater. The law authorizes the TCEQ to receive, process, and certify MSD applications for properties with contaminated groundwater that are located within the corporate limits or extraterritorial jurisdiction of municipalities. However, the TCEQ requires an applicant to provide a “resolution or ordinance of support” from the municipality in which the MSD is being sought as a part of the MSD application process. The MSD law provides a new alternative for persons who wish to voluntarily address groundwater contamination. In effect, the MSD law sets conditions for MSD properties that limit the requirements for contaminated groundwater to be remediated to potable water standards. As such, MSDs are applicable in cases where the designated groundwater is not currently used for potable water and will likely not be used for potable purposes in the future. The MSD itself ensures groundwater exposures will be minimized by establishing restrictive conditions that specifically prohibit the future uses of designated groundwater for potable purposes. Prohibition must be in the form of a resolution or ordinance that is enforceable by the Municipality. The municipal resolution or ordinance, in turn, requires establishment of a deed restriction prohibiting the use of the designated groundwater for potable purposes, and specifies that this deed restriction must be filed in the County property records of the site. The purpose of the MSD law is to provide a less expensive and faster alternative to existing state environmental regulations concerning groundwater. In general, the MSD law recognizes that in some locations, no one is using groundwater as a potable water source in the vicinity of a contaminated groundwater zone. The law further recognizes that use of the designated groundwater as a future potable source is unlikely because a public supply that relies on another source of water is available and / or the ground water in question is not economical to develop for use as a supply. In such cases, a prohibition is placed on the designated groundwater beneath the MSD property to prevent the use of the contaminated groundwater. The MSD thus ensures that public health is protected by establishing a legal mechanism that eliminates the possibility of the designated groundwater being used for potable purposes. It is important to note that all the MSD accomplishes is the establishment of a deed restriction that designates groundwater at the site as non-potable, which facilitates removal of the requirement to evaluate contaminant concentrations for certain types of groundwater exposure pathways. To understand what this means within a regulatory context requires a brief summary of the State’s approach to cleanup for these kinds of sites. In general terms (realizing that this is a highly complex series of regulations), State cleanup “standards” are based on the concept of Protective Concentration Levels (PCLs) for an appropriate exposure pathway. In cases where groundwater is present and is thought to be contaminated, the State usually requires the cleanup “standard” to include groundwater ingestion PCLs because of the notion that someone might use this groundwater for potable purposes at some time in the future. These types of groundwater PCLs tend to be the most restrictive PCLs (require the contaminant to be cleaned up to the lowest concentration of all cleanup standards) because they are based on the exposure pathway of consuming the groundwater repeatedly over long periods of time. The MSD, however, offers a process to recognize that the groundwater exposure pathway might not be appropriate in circumstances where the groundwater is unlikely to be developed for potable purposes due to naturally poor water quality, low yield potential, or in situations where water from a municipal supply is readily available. In other words, by using a restrictive mechanism to ensure that the groundwater will not be used for potable purposes, the TCEQ can remove the requirement for certain groundwater cleanup standards and apply the next most stringent standards applicable to the site in question. State Regulatory Requirements for Voluntary Cleanup Program (VCP) and MSDs As mentioned, the MSD in effect allows the site owner to remediate to the most appropriate human health and ecological exposure pathways, since the designated groundwater will not be used for potable purposes at the site. However, in terms of overall site cleanup, the MSD itself does not offer a mechanism to obtain a closure letter for the site from the TCEQ. The only way for a property owner to obtain a closure letter (or equivalent) from the TCEQ is to meet all the requirements of the TCEQ’s Voluntary Cleanup Program (VCP). Meeting all the requirements of the VCP within a “non-MSD” situation would require that all constituents in all environmental media meet applicable PCLs. With a MSD, the applicant no longer has to meet the Groundwater Ingestion PCLs or Groundwater Protection PCLs (for soil / groundwater interaction). However, the site still must meet the next appropriate (and most stringent) exposure PCLs. Influence on surrounding property The issue of a MSD having an influence on surrounding property is a key consideration. It is important to note that the restrictions for potable water use that are imposed as a part of a MSD are only pertinent to the groundwater that is designated within the MSD. For this particular property, this means that only the shallow ground water that is deemed potentially contaminated and is designated through the MSD will be subjected to any restrictions. The information submitted by the applicant to the City of Denton states that the plume of contaminants in the groundwater of the site is stable and is contained within the property boundary. Contaminant(s) of Concern During the completion of a Limited Environmental Investigation (LEI), analyses of soil and groundwater samples at the site identified concentrations of benzene above the State of Teas action levels for groundwater protection. The affected groundwater is located approximately 10 to 12 feet below the surface of the ground. The source of this benzene is likely due to the underground storage tanks that were used by a car dealership that was once located at the property. These tanks were removed in the mid 1980s, which has effectively removed any ongoing source of pollutants. The highest level of benzene collected in the groundwater samples was 0.0226 mg/L. The ingestion protective concentration level of benzene is 0.005 GW mg/L (GW) for “Class 1 and 2” groundwater. For reference, the non-ingestion protective Ing Air concentration level of benzene is 180 mg/L GW . Concentrations of other contaminants inh-V associated with underground fuel or solvent storage such as Toluene, Ethylbenzene, Xylenes, and MTBE were well below the TCEQ TRRP Tier 1 ingestion protective concentration levels. Monitoring conducted as a component of the study has indicated that the plume is stable. Public meeting. As a part of the MSD application, the applicant was required to provide notification to the owners of all state-registered water wells within five miles of the property, provide notice in a newspaper of local circulation, and present information to interested parties in a public meeting. This meeting was held at 6:00 p.m. on January 29, 2009 at the Central Fire Station Conference room, and was attended by approximately 27 citizens. The applicant provided information to citizens concerning why the MSD is being sought, why citizens received notifications, and the nature and extent of contamination at the property. Denton staff members were also present, and provided information on the MSD application and review, including an explanation of the local and state components of the application process. The main topics of citizen concern centered on why the designation was being sought, the nature and extent of site contamination, actions undertaken to protect public health, the effects of the MSD on surrounding properties, and the effect of the MSD process itself on ground water supplies. The meeting lasted approximately 2.5 hours. Summary The applicant is seeking approval of a ordinance (Exhibit 1) that establishes the terms and conditions of a MSD for the 0.79 acre property located at 417 & 419 South Locust Street in the City of Denton (Exhibit 2). This ordinance indicates the City of Denton’s support of the MSD, and is required for the MSD application to the TCEQ. The ordinance sets forth the conditions of the designation, including the applicant’s requirements to establish the appropriate deed restrictions for the property, and will be used by the applicant as evidence of municipal support when the applicant seeks the MSD from the TCEQ. OPTIONS 1. Support the ordinance 2. Modify the ordinance, and support as modified 3. Do not support the ordinance RECOMMENDATION Staff recommends Option 1, support of the proposed ordinance PRIOR ACTION/REVIEW (Council, Boards, Commissions) None EXHIBITS 1. MSD Ordinance 2. Legal description of property and map 3. Site map showing location of benzene in ground water. Respectfully prepared and submitted: ____________________________ Kenneth Banks, Manager Division of Environmental Quality ÷ÄÔÓÚÓÈ ÌÈÓÍÎÍÖìÊÍÌ×ÊÈÃúÍÇÎØÛÊÓ×ÉÛÎØï×È×ÉÛÎØ úÍÇÎØÉÍÖûØÒÛÙ×ÎÈìÇÚÐÓÙêÓÕÔÈÉÍÖåÛà LEGAL DESCRIPITION OF SUBJECT TRACT STATE OF TEXAS COUNTY OF DENTON WHEREAS Jack Bell Construction Co., Inc. is the owner of all that certain tract or parcel of land situated in the William Loving Survey Abstract #759, Denton County, Texas, said tract being part of Lot 1 Block 1 Victoria Square, an addition to the City of Denton, Denton County, Texas, as evidenced by the plat recorded thereof in Cabinet E, Page 240, P.R.D.C.T., and being more fully described as follows: COMMENCING at a ½ inch CIRF at the Northwest corner of said Victoria Square Addition, said point also being on the East right-of-way line of South Locust Street; THENCE: South 89 degrees 36 minutes 10 seconds East a distance of 252.99 feet to a ½ inch CIRF at the Northeast corner of said Victoria Square Addition, said point also being on the West right-of-way line of Wainwright Street; THENCE: South 00 degrees 02 minutes 50 seconds West, with the West right-of-way line of Wainwright a distance of 150.00 feet to a set ½ inch Steel Square Tubing with a plastic cap marked Cox 4577 for corner; THENCE: North 89 degrees 41 minutes 17 seconds West a distance of 105.60 feet to an X-cut in concrete found for corner for the PLACE OF BEGINNING; THENCE: South 00 degrees 06 minutes 35 seconds West a distance of 99.83 feet to a ½ inch square tube found for corner; THENCE: South 89 degrees 36 minutes 09 seconds East a distance of 49.92 feet to a set ½ inch Steel Square Tubing with a plastic cap marked Cox 4577 for corner; THENCE: South 00 degrees 02 minutes 50 seconds West a distance of 100.00 feet to a set ½ inch Steel Square Tubing with a plastic cap marked Cox 4577 at the Southeast corner of said Victoria Square Addition, said point also being on the North right-of-way line of East Prairie Street; THENCE: North 89 degrees 36 minutes 09 seconds West with the North right-of-way line of East Prairie Street a distance of 196.89 feet to a set ½ inch Steel Square Tubing with a plastic cap marked Cox 4577 at the Southwest corner of said Victoria Square Addition, said point also being a the intersection of the North right-of-way line of East Prairie Street and the East right-of- way line of Locust Street; THENCE: North 00 degrees 00 minutes 13 seconds West with the East right-of-way line of Locust Street a distance of 199.99 feet to a point; THENCE: South 89 degrees 32 minutes 29 seconds East, crossing said Victoria Square Addition, a distance of 147.25 feet to the POINT OF BEGINNING, and containing 0.79 acres of land. METES AND BOUNDS DESCRIPITION OF ADJACENT RIGHT OF WAY STATE OF TEXAS COUNTY OF DENTON BEGINNING at a ½ inch CIRF at the Southeast corner of Lot 1, Block 1, Victoria Square Addition, an addition to the City of Denton, Denton County, Texas, as evidenced by the plat recorded thereof in Cabinet E, Page 240, P.R.D.C.T., said point also being on the North right- of-way line of East Prairie Street; THENCE: South, 60.00 feet to a point on the South right-of-way line of said East Prairie Street; THENCE: North 89 degrees 36 minutes 09 seconds West with the South right-of-way line of East Prairie Street, passing at a distance of 196.47 feet the Southeast corner of the intersection of said East Prairie Street and South Locust Street, and continuing in all a distance of 276.47 feet to the Southwest corner of said intersection; THENCE: North 00 degrees 00 minutes 13 seconds West, passing at a distance of 60.00 feet, the Northwest corner of said intersection, and continuing with the West right-of way of South Locust Street, in all a distance of 259.43 feet to a point on the West right-of-way line of South Locust Street; THENCE: East, a distance of 80.00 to a point on the East right-of-way line of South Locust Street; THENCE: South 00 degrees 00 minutes 13 seconds East, with the East right-of-way line of South Locust Street, a distance of 199.99 feet to the Northeast corner of said intersection of East Prairie Street and South Locust Street; THENCE: South 89 degrees 36 minutes 09 seconds East, with the North right-of-way line of East Prairie Street a distance of 196.89 feet to the PLACE OF BEGINNING and containing 0.75 acres of land. ÷ÄÔÓÚÓÈ éÓÈ×ïÛÌÉÔÍÅÓÎÕÐÍÙÛÈÓÍÎÍÖÚ×ÎÂ×Î×ÓÎÕÊÍÇÎØÅÛÈ×Ê AGENDA INFORMATION SHEET AGENDA DATE: February 17, 2009 DEPARTMENT: Utility and CIP Engineering , ext. 8230 ACM: HowardMartin __________________________________________________________________________________ SUBJECT Consider approval of an ordinance of the City of Denton, Texas designating portions of Oak Street and Hickory Street as one-way streets; designating no parking on portions of Oak Street and Hickory Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommends approval (7-0). BACKGROUND Currently, Oak Street is two-way from Jagoe Street/Avenue C west to Bonnie Brae Road, and Hickory Street is two-way from Avenue C west to Bonnie Brae Road. The concept of converting these roadways to a one-way configuration over these extents has been discussed at length at the Traffic Safety Commission. In addition to the change from two-way to one-way traffic, the establishment of No Parking zones over the same area on the north side of Oak Street and the south side of Hickory Street has been discussed. Refer to Exhibit 1 for extents. These proposed changes are supported by the Denton Police Department and staff from Utility and CIP Engineering. Staff recommended that the Traffic Safety Commission consider forwarding these issues to the Mobility Committee for consideration and possible recommendation to City Council for approval. This item was discussed at the Mobility Committee on October 21, 2008. The Mobility Committee concurred with staff’s recommendation to hold a public meeting to garner public input but declined to make a recommendation to City Council on this item in advance of that meeting. The public meeting was held at the Traffic Safety Commission meeting on December 1, 2008, with each measure gaining support overall (minutes from the Traffic Safety Commission meeting and a tabular breakdown of the feedback received are attached as Exhibits 2 and 3, respectively). Traffic Safety Commission voted unanimously to approve each of the measures. This item was taken back to Mobility Committee on December 16, 2008 where a consensus was reached to forward it on to City Council for consideration (minutes are attached as Exhibit 4). In addition, the Mobility Committee asked that staff look into the possible addition of bicycle lanes to these two roadways. Staff’s review of the available roadway widths between Bonnie Brae Road and Jagoe Street/Avenue C revealed that there are only portions of Hickory Street (approximately half this length from Bonnie Brae east to North Texas Boulevard) and none of Oak Street that would meet the necessary minimum width of 39-feet in order to fit in one 9-foot parking lane, two 12-foot driving lanes and a 6-foot bicycle lane without revising the pavement as follows: 1.Construct a wider section with possibly additional right-of-way (ROW). 2.Remove parking on both sides of the roadway in sections. 3.Re-stripe for narrower driving lanes. Obviously, each of the options listed above have different challenges associated with them, especially the third item since narrower lanes have attendant safety issues, particularly adjacent to bicycle lanes. OPTIONS 1.Approve the ordinance to convert Oak Street and Hickory Street from two-way to one-way traffic with the establishment of No Parking zones on the north side of Oak Street and on the south side of Hickory Street from Jagoe Street/Avenue C west to Bonnie Brae Road. 2.Approve the ordinance and direct staff to pursue the establishment of bicycle lanes over all or portions of these streets. 3.Approve the ordinance with other conditions. 4.Deny approval of the ordinance. RECOMMENDATION Staff recommends approval of an ordinance to convert Oak Street and Hickory Street from two-way to one-way traffic with the establishment of No Parking zones on the north side of Oak Street and on the south side of Hickory Street from Jagoe Street/Avenue C west to Bonnie Brae Road. At this time, staff does not recommend the establishment of bicycle lanes along Oak Street and Hickory Street because of inconsistent street widths and the attendant issues associated with the removal of additional parking, the construction of wider street sections and reduced safety inherent with narrower lanes, particularly adjacent to a bicycle lane. PRIOR ACTION/REVIEW 1.July 7, 2008 Traffic Safety Commission meeting. 2.September 8, 2008 Traffic Safety Commission meeting. 3.October 21, 2008 Mobility Committee meeting. 4.November 3, 2008 Traffic Safety Commission meeting. 5.December 1, 2008 Traffic Safety Commission meeting. 6.December 16, 2008 Mobility Committee meeting. FISCAL INFORMATION Restriping and signage costs will be established after design is completed and will be funded through Streets and Traffic. EXHIBITS 1.Location map. 2.Traffic Safety Commission minutes from December 1, 2008. 3.Public Feedback from December 1, 2008 Traffic Safety Commission Meeting. 4.Mobility Committee minutes from December 16, 2008. 5. Ordinance Respectfully submitted: Frank G. Payne, P.E. City Engineer 1MINUTES 2TRAFFIC SAFETY COMMISSION 3December 1, 2008 4 5After determining that a quorum of the Traffic Safety Commission of the City of Denton, Texas 6was present, the Chair of the Traffic Safety Commission thereafter convened into an Open 7Meeting on Monday, December 1, 2008 at 5:31 p.m. in the Council Chambers, City of Denton 8City Hall, 215 E. McKinney Street, Denton, Texas. 9 Present: 10 Chair John Crew, Michael Green, Pat Cheek, Linda Brown, Jason Davis, Kim 11Spivey and Connie Baker 12 Absent 13: Marion Scott, excused 14 Also Present 15: Bud Vokoun, Traffic Engineer 16 Frank Payne, City Engineer 17 Ann Forsythe, Coordinator Boards & Committees 18 OPEN MEETING: 19 20 212)Receive a report, hold a discussion and make a recommendation concerning: 22 23a)OAK STREET FROM JAGOE STREET/AVENUE C TO BONNIE BRAE STREET BE 24MADE FROM TWO-WAY TO ONE-WAY, WESTBOUND, 25 26b)NO PARKING ON THE NORTH SIDE OF OAK STREET FROM JAGOE 27STREET/AVENUE C TO BONNIE BRAE STREET, 28 29c)HICKORY STREET FROM BONNIE BRAE STREET TO AVENUE C BE MADE FROM 30TWO-WAY TO ONE-WAY, EASTBOUND, 31 32d)NO PARKING ON THE SOUTH SIDE OF HICKORY STREET FROM BONNIE BRAE 33STREET TO AVENUE C. 34 35Traffic Engineer Bud Vokoun gave a brief overview stating that the Traffic Safety Commission has 36been reviewing this item since the first of the year and, based upon the Traffic Safety Commission’s 37recommendation this item was presented to the Mobility Committee for its consideration. The 38Mobility Committee accepted the Traffic Safety Commission’s recommendation that it be brought 39back to the Commission for a public meeting. Staff mailed approximately 350 notices of which 40thirty-two were returned. Of those, twelve had forwarding addresses and new notices were 41forwarded to them with the other twenty being non deliverable, according to the post office. 42Vokoun stated that a copy of the notice’s letter with the form requesting residents or owners of 43properties to complete and return is provided in the packet. Vokoun stated that staff did receive a 44number of completed forms in the mail and as residents came into the chambers they are being 45asked to complete the form. All completed forms will be given to Chair Crew. 46 47Chair Crew announced that the meeting was now open for citizen input. 48 49Chair Crew called by name those in attendance wishing to speak. With the exception of one, all 50were residents in the noticed area. Many in favor of the proposal stated that safety over 1Minutes of the Traffic Safety Commission meeting 2December 1, 2008 3Page 2 of 3 4 5 6convenience was the main issue and that if speed is a concern that it is a law enforcement issue and 7should be handled as such. One citizen pointed out that it is difficult for ambulances and fire 8vehicles to navigate within the areas on the cross-streets where parking is allowed on both sides of 9the street. One citizen suggested the possibility of zone parking for those streets. One resident that 10spoke against stated that changing Oak and Hickory Streets to one way would increase traffic on 11these cross streets, create parking issues on them and would cause safety issues for them. 12 13Staff provided the Chair with all of the responses received by staff through the mail, whereupon, the 14chair read each after the public speaking session was finished,. 15 16Vokoun then stated that a spreadsheet would be created that would provide the names, addresses 17and an indication of the vote for each item from each respondent and the results would be provided 18in the Commission’s minutes at the next meeting (See Exhibit 1). 19 20Chair John Crew called for motions. 21 Commissioner Pat Cheek moved to approve Oak Street from Jagoe Street/Avenue C to 22 Bonnie Brae Street be made from two-way to one-way, westbound with a second from 23 Commissioner Michael Green. The motion was approved by a 7-0 vote. 24 25 Chair John Crew moved to approve the recommendation of No Parking on the north side of 26 Oak Street from Jagoe Street/Avenue C to Bonnie Brae Street with a second from 27 Commissioner Pat Cheek. The motion was approved by a 7-0 vote. 28 29 Commissioner Pat Cheek moved to approve the recommendation that Hickory Street from 30 Bonnie Brae Street to Avenue C be made from two-way to one-way, eastbound with a second 31 from Commissioner Jason Davis. The motion was approved by a 7-0 vote. 32 33 Commissioner Michael Green moved to approve the recommendation of No Parking on the 34 south side of Hickory Street from Bonnie Brae Street to Avenue C with a second from 35 Commissioner Pat Cheek. The motion was approved by a 7-0 vote. 36 37 38The meeting was adjourned by consensus at 6:45 p.m. MINUTES 1 City Council Mobility Committee 2 Tuesday, December 16, 2008 3 4 5 After determining that a quorum of the Mobility Committee of the Denton City Council was 6 present, the Chair of the Committee on the Mobility will convened into a meeting on Tuesday, 7 December 16, 2008 at 2:03 p.m. in the City Council work session room, 215 E. McKinney 8 Street, Denton, Texas. 9 10 Present: Mayor Mark Burroughs and Council Member Chris Watts 11 12 Absent : Chair Pete Kamp, excused 13 14 Staff Present : Howard Martin, ACM Utilities; Jim Coulter, Director Water Utilities; Mark 15 Nelson, Transportation Director; Frank Payne, City Engineer; Emerson Vorel, 16 Director Parks & Recreation; John Knight, Assistant City Attorney; Bud Vokoun, 17 Traffic Engineer; Julie Glover, Main Street; Ann Forsythe, Boards and 18 Committees Coordinator 19 20 Also Present: John Polster, ITS; Dee Leggitt, DCTA Vice President of Communications & 21 Planning 22 23 OPEN MEETING 24 25 3) Receive a report, hold a discussion and make a recommendation with regard to one-way 26 versus two-way traffic on Oak and Hickory Streets from Bonnie Brae Road to Jagoe Street. 27 28 Transportation Director Nelson called on Frank Payne, City Engineer, to present this item. 29 Payne stated this item was brought before the Mobility Committee in October 2008 and that on 30 two occasions this item has been discussed by the Traffic Safety Commission. At the last Traffic 31 Safety Commission meeting, the Commissioners talked about holding a public hearing. Staff 32 was directed by the Mobility Committee to take this item back to the Traffic Safety Commission 33 to have a public meeting and then bring it back to the Mobility Committee with a 34 recommendation based on the results of the meeting. 35 36 Payne stated that a public meeting was held during the Traffic Safety Commission meeting on 37 December 1, 2008 and that minutes from that meeting, due to technical difficulties, are not 38 included in the backup; however, a summary of the feedback is provided. The feedback is 39 overwhelming in favor of the changes. While it is certainly not unanimous, a very large 40 percentage of the people spoke in favor of no parking on the north side of Oak and the south side 41 of Hickory, and at least two thirds spoke in favor of the one way in each case. The Traffic 42 Safety Commission voted unanimously to recommend approval. 43 44 Council Member Watts asked if parking is now allowed on both sides. Payne replied that is. 45 Council Member Watts asked about the rationale used in picking the north and the south side and 46 was it an arbitrary decision. Bud Vokoun, Traffic Engineer, stated that currently from Carroll 47 48 Minutes of the Mobility Committee meeting 1 December 16, 2008 2 Page 2 of 3 3 4 5 Boulevard to Jagoe on Oak Street, parking is restricted on the north sides of the street and the 6 same for Hickory on the south side. There is also a bike trail and restricting parking would 7 provide the option to continue the bike trail on the south side of Hickory. Council Member 8 Watts asked if there is not a bike trail on Oak Street. Vokoun replied not at this time. 9 10 City Engineer Payne stated that the next step, assuming a recommendation is made by the 11 Mobility Committee is to take it to the City Council at a public hearing. The neighborhood 12 would again be noticed for a Council Meeting in February. Staff’s recommendation is to 13 implement these changes. 14 15 Council Member Watts stated that obviously there is some opposition, but he is comfortable with 16 taking it before the full Council as long as there is a reissuance of the public hearing. Watts then 17 asked if the minutes would be available in the Council packet. Payne replied that minutes would 18 be available. 19 20 Mayor Burroughs stated he has no difficulty directing consideration of this item to the City 21 Council, but that he is uncomfortable with the Mobility Committee sending a recommendation of 22 approval. Mayor Burroughs further stated that he believes that the role of the Mobility 23 Committee should not be to approve or not approve items, but to vet those items prior to them 24 going to the City Council. Council Member Watts stated that he concurred with Mayor 25 Burroughs and wondered if a Council Committee could kill something and/or not allow it to go 26 to Council and if so, he has difficulty with that. Council Member Watts stated that he is 27 comfortable moving this forward to Council but as far as giving it a recommendation or non 28 recommendation he does not want to do that. 29 30 City Engineer Payne stated that perhaps that recommendation could be modified asking staff to 31 carry it forward for presentation by the full Council and perhaps staff should consider how future 32 items are brought forward for consideration. Payne further stated that it is his understanding that 33 the Committee’s direction is for staff to take it forward for consideration. 34 35 Mayor Burroughs stated that this very issue is one he is struggling with and that to him the 36 purpose of the Council Committees is to investigate and to ask questions that might be much 37 more cumbersome on a Council level. 38 39 Staff’s direction from the Mobility Committee was to take this item forward, with the 40 added stipulation of adding a bicycle lane, to the City Council for consideration. 41 42 The meeting was adjourned by consensus at 3:34 p.m. 43 44 Minutes of the Mobility Committee meeting 1 December 16, 2008 2 Page 2 of 3 3 4 5 6 Pete Kamp, Chair Howard Martin, ACM Utilities 7 8 9 Ann Forsythe, Boards & Committee Coordinator 10 11 12 s:\our documents\ordinances\09\one-waystreetandnoparkingordinancehickoryandoak.doc ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING PORTIONS OF OAK STREET AND HICKORY STREET AS ONE-WAY STREETS; DESIGNATING NO PARKING ON PORTIONS OF OAK STREET AND HICKORY STREET; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Oak Street from Jagoe Street/Avenue C to Bonnie Brae Street is hereby designated as a one-way street with traffic moving in a westerly direction. SECTION 2. Hickory Street from Bonnie Brae Street to Avenue C is hereby designated a one-way street with traffic moving in an easterly direction. SECTION 3. When signs and/or markings are in place giving notice thereof, no person shall park a vehicle on the north side of Oak Street from Jagoe Street/Avenue C to Bonnie Brae Street. SECTION 4. When signs and/or markings are in place giving notice thereof, no person shall park a vehicle on the south side of Hickory Street from Bonnie Brae Street to Avenue C. SECTION 5. The provisions of Sections 3 and 4 prohibiting the parking of vehicles shall apply on the designated portion of the above named street or streets except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 7. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 8. Any person found guilty of violating Sections 1 and 2 of this Ordinance shall be fined a sum not to exceed two hundred dollars ($200). Any person found liable of violating Sections 3 and 4 of this Ordinance after a civil administrative hearing shall be assessed a civil penalty not to exceed two hundred dollars ($200). Each day that a provision of sections 3 and 4 of this ordinance is violated shall constitute a separate offense. The disposition of parking citations issued pursuant to this Ordinance shall be governed by Di . s:\our documents\ordinances\09\one-waystreetandnoparkingordinancehickoryandoak.doc SECTION 9. This Ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ______ day of __________________, 2009. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ Page 2                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ                       éÕÔÊÍÜÖØÑØ×ÉÛÑÜÏÒÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: February 17, 2009 DEPARTMENT: City Manager’s Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City’s Boards and Commissions. BACKGROUND The following boards/commissions require nominations: Historic Landmark Commission – Jim Kirkpatrick has resigned. This is a nomination for Council Member Moreno. Human Services Advisory Committee – Vanessa Sims has resigned. This is a nomination for Council Member Heggins. Traffic Safety Commission – Charles Guarnaccia has resigned. This is a nomination for Mayor Burroughs. Charter Review Committee – Each council member has three appointments to this committee. Please forward your appointments to the City Secretary’s Office. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\City Secretary\Boards & Comm\Agenda Info Sheet for Vacancies 2-17-09.doc