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CITY OF DENISON
CITY COUNCIL MEETING
AGENDA
Monday, May 4, 2020
Pursuant to section 551.127 of the Texas Government Code, and in conjunction with the guidance
and provisions provided by the Governor of Texas in the declaration of disaster and subsequent
executive orders altering certain Open Meetings Act requirements and ordering that gatherings of
more than 10 people shall be avoided, the City Council of the City of Denison, Texas will conduct
the meeting scheduled at 6:00 PM on Monday, May 4, 2020, in the Council Chambers located at
300 W. Main Street, Denison, Texas by video teleconference in order to advance the public health
goal of limiting face-to-face meetings (also called “social distancing”) to slow the spread of the
Coronavirus (COVID-19). There will be no in-person public access to the location described
above and less than a quorum may be physically present at the location.
The public toll-free dial-in number to participate in the meeting by telephone is 1-866-899-
4679, Access Code 992-905-045.
A recording of the meeting will be made and will be available to the public in accordance with the
Open Meetings Act upon written consent.
1. ROLL CALL – IDENTIFICATION OF A QUORUM
2. INVOCATION, PLEDGE OF ALLEGIANCE AND TEXAS PLEDGE
3. PUBLIC COMMENTS
The public will be permitted to offer public comments by email to the City Clerk at
[email protected] no later than 4:30 PM on Monday, May 4, 2020. The City
Clerk will then provide any comments received to each of the Council Members so they can
have the comments to take into consideration in their decision making. Comments related to
the Public Hearings listed below will be heard when the specific hearing is called.
4. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the
basis of the Staff recommendations or any prior Board or Council action as the case may be
from time to time. Approval of the Consent Agenda authorizes the City Manager to implement
each item in accordance with the Staff recommendations.
Listed below are bids, purchase orders, contracts, and other items to be approved under the
Consent Agenda. 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,
the Consent Agenda Items 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. Receive a report, hold a discussion and take action on approving the Minutes from the
regular City Council meeting held on April 20, 2020.
B. Receive a report, hold a discussion and take action on accepting a conveyance of real
property for public right-of-way, located along a portion of Randell Drive.
5. PUBLIC HEARINGS
A. Receive a report, hold a discussion, conduct a public hearing, and take action on an
ordinance for an amendment to the zoning code (Chapter 28) to specify how discretionary
land use applications are deemed filed.
B. Receive a report, hold a discussion, conduct a public hearing, and take action on an
ordinance for an amendment to Chapter 2 and the zoning code (Chapter 28) to provide
for consistency with state law.
C. Receive a report, hold a discussion, conduct a public hearing, and take action on an
ordinance for an amendment to the subdivision code (Chapter 22) to provide for
consistency with state law.
D. Receive a report, hold a discussion, conduct a public hearing, and take action on an
ordinance amending the zoning code (Chapter 28) regarding waste disposal design and
siting standards applicable to all land uses.
E. Receive a report, hold a discussion, conduct a public hearing, and take action on an
amendment to Segment Four (4) of Ordinance No. 4786, more commonly known as the
Gateway Village Planned Development.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Receive a report, hold a discussion and take action on authorizing the City Manager to
enter into a 5-year agreement with Datrium/VAR Technology to upgrade the city’s existing
data backup solution to include instant disaster recovery and improved ransomware
protection.
7. PROJECT UPDATES
A. Receive a report, hold a discussion and give updates on the Waterloo Lake Trail Grant and
the Kayak Rental station located at Waterloo Lake Regional Park.
8. EXECUTIVE SESSION
Pursuant to Chapter 551, Texas Government Code, the Council reserves the right to convene
in Executive Session(s), from time to time as deemed necessary during this meeting to receive
legal advice from its attorney on any posted agenda item as permitted by law or to discuss the
following:
A. Consult with attorney on a matter in which the attorney's duty to the governmental body
under the Texas Disciplinary Rules of Professional Conduct conflicts with this chapter
and/or consult with attorney about pending or contemplated litigation or contemplated
settlement of the same. Section 551.071
B. Discuss the possible purchase, exchange, lease or sell of value of real property and public
discussion of such would not be in the best interests of the City's bargaining position.
Section 551.072
C. Discuss negotiated gifts or donations to the City and public discussion at this stage would
have a detrimental effect on the City's bargaining position. Section 551.073.
D. Discuss the appointment, employment, evaluation, reassignment of duties, discipline, or
dismissal of or to hear a complaint against a public officer or employee. Section 551.074.
E. Discuss the commercial or financial information received from an existing business or
business prospect with which the City is negotiating for the location or retention of a
facility, or for incentives the City is willing to extend, or financial information submitted
by the same. Section 551.087
F. Discuss the deployment or specific occasions for implementation of security personnel or
devices. Section 551.076
G. Deliberations regarding economic development negotiations pursuant to Section 551.087
Following the closed Executive Session, the Council will reconvene in open and public session
and take any such action as may be desirable or necessary as a result of the closed deliberations.
CERTIFICATION
I do hereby certify that a copy of this Notice of Meeting was posted on the front window of City
Hall readily accessible to the general public at all times, and posted on the City of Denison website
on the 1st day of May 2020, before 6:00 PM.
______________________________
Christine Wallentine, City Clerk
In compliance with the Americans With Disabilities Act, the City of Denison will provide for reasonable
accommodations for persons attending City Council meeting. To better serve you, requests should be received 48
hours prior to the meetings. Please contact the City Clerk’s Office at 903-465-2720, Ext: 2437.
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MINUTES OF
CITY COUNCIL MEETING
CITY OF DENISON
MONDAY, APRIL 20, 2020
CALL TO ORDER
Mayor Janet Gott called the City Council Meeting to order at 6:00 PM. Pursuant to section 551.127
of the Texas Government Code, and in conjunction with the guidance and provisions provided by
the Governor of Texas in the declaration of disaster and subsequent executive orders altering
certain Open Meetings Act requirements and ordering that gatherings of more than 10 people shall
be avoided, the City Council of the City of Denison, Texas conducted the City Council Meeting
by telephone/video conference in order to advance the public health goal of limiting face to face
meetings to slow the spread of the Coronavirus (COVID-19). There was no public access to the
location but a public toll-free dial in number to participate in the meeting was provided to the
public. A recording of the telephonic meeting was made and will be available to the public in
accordance with the Open Meetings Act upon written request.
1. ROLL CALL – IDENTIFICATION OF A QUORUM
Mayor Gott directed City Clerk, Christine Wallentine, to conduct roll call. Ms. Wallentine
conducted the roll call as follows and noted the responses for the record, declaring a quorum:
Council Member Hander: Present
Mayor Pro Tem Adams: Present
Council Member Greenleaf: Present
Mayor Gott: Present
Council Member Doty: Present
Council Member Crawley: Present
Council Member Spiegel Present
City Manager, Judson Rex Present
Assistant City Attorney, Jon Lawson Present
Marti Shew, Hilltop Securities Present
City Clerk, Christine Wallentine, Deputy City Clerk, Fanchon Stearns, Departments Directors
and members of the media as well as the public were also present on the meeting by telephone
conference.
2. INVOCATION, PLEDGE OF ALLEGIANCE AND TEXAS PLEDGE
Council Member Greenleaf gave the Invocation which was followed by the Pledge of
Allegiance and the Texas Pledge.
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3. PUBLIC COMMENTS
With regard to public comments, public comments were to be submitted by email to City Clerk,
Christine Wallentine, by 4:30 PM today. Ms. Wallentine reported that she did not receive any
emails, therefore, no public comments were received with regard to any agenda item.
Mayor Gott announced that Item 4C would be pulled from the Consent Agenda and be
considered separately and that Council Member Spiegel would need to recuse himself from
this item.
4. CONSENT AGENDA
A. Receive a report, hold a discussion and take action on approving the Minutes from the
regular City Council Meeting held on April 6, 2020.
B. Receive a report, hold a discussion and take action on reappointing Adam Doty, Marshall
Gaisson and George Mason to the Parks and Recreation Commission.
C. Receive a report, hold a discussion, and take action to appoint Jared Johnson, Kris
McKinney and Kelly Spiegel to the Community Advisory Committee for the Smith
Foundation, with four-, five-, and six-year initial terms, respectively.
D. Receive a report, hold a discussion and take action on a resolution finding that Oncor
Electric Delivery Company LLC’s application for approval to amend its distribution cost
recovery factor to increase distribution rates within the City should be denied.
E. Receive a report, hold a discussion and take action on Change Order No. 2 in the amount
of $72,830.00 with Dickerson Construction Company, Inc. for Phase I of the Theresa Drive
Waterline Project and authorize the City Manager to execute the same.
Council Action
On motion by Council Member Hander, seconded by Council Member Greenleaf, the City
Council unanimously approved Resolution No. 4005, “A RESOLUTION OF THE CITY
OF DENISON, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY
LLC’S APPLICATION FOR APPROVAL TO AMEND ITS DISTRIBUTION RATES
WITHIN THE CITY SHOULD BE DENIED; AUTHORIZING PARTICIPATION WITH
ONCOR CITIES STEERING COMMITTEE; AUTHORIZING THE HIRING OF
LEGAL COUNSEL AND CONSULTING SERVICES; FINDING THAT THE CITY’S
REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE
COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE
OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; PROVIDING
AN EFFECTIVE DATE;” and the rest of the Consent Agenda as presented, with the
exception of Item 4C.
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Council Member Spiegel recused himself from the meeting at 6:06 PM and Item 4C was
then addressed separately. Judson Rex, City Manager, reported that the lawsuit between
the Bank of America and the Smith Foundation has been settled. What came out of that
settlement includes a Community Advisory Committee to be made up of 5 members of the
community representing the health, education, town/chamber, church/religious and social
services sector. Three of these positions are to be appointed by the City Council, being the
health, town/chamber, and church/religious sectors. Two of the position are to be appointed
by the Denison ISD Board of Trustees being the education and social services sectors. On
the Agenda for consideration are nominations for Jared Johnson for a 4-year initial term
representing the health sector, Kris McKinney for a 5-year initial term representing the
town/chamber sector, and then Kelly Spiegel for a 6 year initial term representing the
church/religious sector. The documents lay out that these initial terms will be staggered.
After that, the terms are 5-year terms. The Denison ISD Board of Trustees will consider
their appointments to the Community Advisory Committee at their Tuesday, April 21, 2020
meeting.
There was no discussion or questions from Council.
On motion by Mayor Pro Tem Adams, seconded by Council Member Greenleaf, the City
Council unanimously approved the appointment of Jared Johnson, Kris McKinney, and
Kelly Spiegel to the Community Advisory Committee for the Smith Foundation, with four,
five- and six-year initial terms, respectively.
Council Member Spiegel returned to the meeting at 6:08 PM.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Receive a report, hold a discussion, and take action on a resolution adopting TCAP’s
Professional Services Agreement and Gexa Energy’s Commercial Electric Service
Agreement.
Council Action
Jon Lawson, Assistant City Attorney, stated that he was presenting this item today given
the amount of information related to this item. To begin, Denison is a longstanding member
of Texas Coalition for Affordable Power (TCAP), whose role is to procure energy for all
members of the coalition. The current model for procuring energy consists of long-term,
fixed-pricing contracts. All of TCAP’s members are engaged in a fixed-price contract of
$36.84/MWh, which began January 1, 2018 and continues through December 21, 2022.
Because of market fluctuation, TCAP has developed a new short-term program to hedge
against periods of higher energy prices. This is called the Strategic Hedging Program. If
adopted, the new contract will be for a period of two years, with monthly auctions held to
determine the average MWh cost TCAP members will pay. Members will then pay that
price in the corresponding month of 2023 (and so forth). Based on load needs and supply,
4
TCAP may be in a position to purchase more energy than necessary for a given month to
lock in a smaller rate. Mr. Lawson then provided slides showing how the market goes,
ranging from 2011 to 2019. The fluctuation in the markets are pretty incredible. What the
thinking is with the hedging program is, that the City will be able to hit the average a lot
more often. The hedging program allows for the City to procure more energy at lower
prices and, hopefully, over the term, come in well under what your fixed term rate would
have been. So, what TCAP did was look back over this year and the previous two years
and it showed where cities were locked into .037 MWh. The average during this time frame
shows if the hedging program would have been in place, the City would have saved quite
a bit of money as the long-range lookback shows savings from 2% to 32% over the fixed
price option. Mr. Lawson stated that he looked at where the market is today on ERCOT
and he saw .018- and .019-MWh rates. So, the fixed rate the City is paying is well above
the market average rate. The Strategic Hedging Program would allow the City, come
January, to be able to average all of these costs and buy energy for 2023. As of right now,
that would have been a tremendous amount of savings for cities. The City and TCAP do
have the option, if this thing is not going well say 2 years from now, to lock into a fixed
rate at any time.
Judson Rex, City Manager, added that the City of Denison buys a lot of energy, as it takes
a lot of juice to run a wastewater treatment plant, pump stations, the City’s facilities, etc.,
so this has benefited the City a lot in the past. When the City went to the current contract,
it cut its costs about in half and actually used that savings toward the City’s street
improvement program. Mr. Rex stated he did not know if the City would save that much
this go around, but he believed the savings would be significant.
There was no discussion or questions from Council.
On motion by Mayor Pro Tem Adams, seconded by Council Member Spiegel, the City
Council unanimously approved Resolution No. 4006, “RESOLUTION OF THE CITY OF
DENISON, TEXAS ADOPTING TEXAS COALITION FOR AFFORDABLE POWER’S
PROFESSIONAL SERVICES AGREEMENT AND GEXA ENERGY’S
COMMERCIAL ELECTRIC SERVICE AGREEMENT FOR POWER TO BE
PROVIDED ON AND AFTER JANUARY 1, 2023; PROVIDING AN EFFECTIVE
DATE.”
B. Receive a report, hold a discussion and take action on a resolution providing relief to the
Citizens of Denison from certain fees as determined by the City Manager.
Council Action
Judson Rex, City Manager, reported that as we get into the COVID-19 pandemic, one of
the biggest impacts is going to be on the financial and economic side of things. It is
certainly going to impact a lot of individuals and families. So, staff sat down and tried to
figure out how the City can help some of its utility customers get through this pandemic.
5
Mr. Rex stated that over 3800 unemployment claims have been filed in Grayson County
since March 1, 2020. Mr. Rex went on to say that it sounds like a lot, but to put this in
context there are about 73,000 adults aged 18 to 65 in Grayson County. So, 3800 represents
about 5.3% of our working population which has filed for unemployment since March 1st.
This is significant and we know there are some Denison residents included in that number
and we want to help our citizens during this difficult financial time. The proposed
resolution provides staff some flexibility to work with residents in several different ways,
primarily on their utility bills, where we can offer extensions or waive fees, if possible.
Really, what we want to encourage citizens to do is that if they are having trouble paying
their water, sewer, or trash bill, to contact the City early on so we can work with them and
set up payment plans, etc. One other thing we want to do is that as long as Waterloo Pool
is closed and we are not incurring any operating costs there, we want to credit back the $5
Waterloo Pool Fee to residents. This will be calculated once we open back up and figure
out how long Waterloo Pool was closed. There may be other opportunities as well. We
have worked with some of our citizens who have rented facilities or had plans to use a park
pavilion and put a deposit down. We have been as flexible as we can during this time as
we know a lot of people are going through challenging financial times. While we want to
continue to fund the City and make sure we can deliver services, there is also plenty of
opportunity for us to work with citizens on their ability to pay. This resolution gives the
City Manager, and by extension City Staff, some opportunities to be flexible working with
our citizens on their ability to pay.
Mayor Pro Tem Adams asked how the City would be getting this information out to the
public. Mr. Rex responded that once it is approved, it will be added to the City’s COVID-
19 page and also notify our front line staff in Utility Billing so they know that they have
some flexibility to work with people. Mayor Pro Tem Adams also asked about costs for
maintaining Waterloo Pool. Mr. Rex replied that staff is maintaining it, circulating the
water, etc. with minimal cost. Mr. Rex said it is going to be about $25,000 per month that
the City will credit back, but feels confident it is a good gesture to credit back to our
residents. Mayor Pro Tem Adams agreed.
There was no further discussion or questions from Council.
On motion by Council Member Hander, seconded by Mayor Pro Tem Adams, the City
Council unanimously approved Resolution No. 4007, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DENISON, TEXAS PROVIDING RELIEF TO THE
CITIZENS OF DENISON FROM CERTAIN FEES; PROVIDING FOR
SEVERABILITY, SAVINGS AND REPEALING CLAUSES; PROVIDING AN
EFFECTIVE DATE; AND FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.”
6
C. Receive a report, hold a discussion and take action on an ordinance authorizing the issuance
and sale of City of Denison Combination Tax and Limited Surplus Revenue Certificates of
Obligation, Series 2020A, levying an annual ad valorem tax and providing for the security
for and payment of said certificate, providing an effective date and enacting other
provisions relating to the subject.
City Council Action
Renee Waggoner, Finance and Administrative Services Director, stated that this is one of
the two ordinances Council has before them tonight. This first one has to do with
improvements and projects that were approved by Council during the FY2020 budget
process. Specifically for this request, the West End Fire Station and the ladder truck. Ms.
Waggoner went on to say that back in September of 2019, Council adopted a reimbursing
resolution. Then, on February 18, 2020, Council approved a resolution for publication of
notice of intent and this notice did publish in the Herald Democrat and on the City’s
website. This request is to approve an ordinance authorizing the issuance and sale of
combination tax and limited surplus revenue certificates for the West End Fire Station and
the ladder truck. Funding at this time will be issued in an amount not to exceed $2.5 million
for both cost issuance and these improvements. Pricing took place on April 17 and the
final pricing was made available to us today. Ms. Waggoner then introduced Marti Shew
with Hilltop Securities to talk specifically about the bid results. Ms. Shew stated that these
bonds were sold through a private placement. Essentially what this means is that various
banks were invited to submit an interest rate proposal to act as the sole purchaser of the
City’s bonds. There has been a lot of volatility in the market these days, but Ms. Shew
stated she was pleased to receive the bids they did receive from 4 different banks. Chase
Bank came in with the lowest true proposed interest cost on these CO’s. They offered two
options based on the prepayment availability of the bonds. Chase Bank proposed 1.360%,
which did not have a prepayment option. So, they are recommending the City go with the
1.460% intrest rate, which is the next best lowest interest rate. This option does allow for
a prepayment option. Ms. Shew provided a chart that showed the cost of the bonds over
the life of the debt. Ms. Shew stated this was an excellent rate and went on to say that by
approving and adopting the ordinance before them tonight, it would effectively be
accepting the terms and locking in this interest rate. The City would receive the funds on
May 20th.
There was no discussion or questions from Council.
On motion by Mayor Pro Tem Adams, seconded by Council Member Greenleaf, the City
Council unanimously approved Ordinance No. 5057, “AN ORDINANCE
AUTHORIZING THE ISSUANCE AND SALE OF CITY OF DENISON, TEXAS,
COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF
OBLIGATION, SERIES 2020A; LEVYING AN ANNUAL AD VALOREM TAX AND
PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID CERTIFICATE;
7
PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS
RELATING TO THE SUBJECT.”
D. Receive a report, hold a discussion and take action on an ordinance authorizing the issuance
and sale of City of Denison General Obligation Refunding Bonds, Series 2020, to refund
outstanding obligations issued for various public improvements and to pay costs of
issuance, levying an annual ad valorem tax and providing for the security for and payment
of said bond, providing an effective date and enacting other provisions relating to the
subject.
Council Action
Renee Waggoner, Finance and Administrative Services Director, stated that the original
bonds for this were issued in 2010 as a Series 2010 Bonds. The City has an opportunity to
refinance these bonds for significant savings. The request to Council by Staff to approve a
resolution for publication of notices was approved on February 18, 2020. Notice was
published on two separate occasions and on our website. Staff is requesting tonight that the
Council authorize the issuance of these refunding bonds. Ms. Waggoner then once again
introduced Marti Shew from Hilltop Securities to speak to the bid results. Ms. Shew
reported on the bid results. Ms. Shew explained that these bonds were also sold through
private placement just like the Certificates of Obligation. Various banks were invited to
submit a proposal to act as the sole purchaser and, yet again, Chase Bank came in as the
lowest provider. They provided two interest rate proposals based on the prepayment option.
In this case, Hilltop Securities is recommending that the City select the lowest interest rate,
1.3%. This does not have a prepayment option, but it does allow the City to maximize its
savings. This has a one-year shorter issue than the Certificates of Obligation and because
the City has selected the prepayment option on the CO’s, it just makes more sense to
maximize the savings on the refunding bonds. This lower interest rate translates into
$494,458 in total savings over the life of the issue, which translates into $54,940 annual
savings or a net present value savings of 11.43%. We do not typically start recommending
refunding proposals until they meet a minimum 3.0% PV threshold. So, the City is well
above this with 11.43%. Again, by adopting and approving the ordinance tonight, the City
is locking this rate into place and the funds for this refunding will be delivered on May 20
as well.
There was no discussion or questions from Council.
On motion by Mayor Pro Tem Adams, seconded by Council Member Spiegel, the City
Council unanimously approved Ordinance No. 5058, “AN ORDINANCE
AUTHORIZING THE ISSUANCE AND SALE OF CITY OF DENISON, TEXAS,
GENERAL OBLIGTATION REFUNDING BOND, SERIES 2020; TO REFUND
OUTSTANDING OBLIGATIONS ISSUED FOR VARIOUS PUBLIC
IMPROVEMENTS AND TO PAY COSTS OF ISSUANCE; LEVYING AN ANNUAL
AD VALOREM TAX AND PROVIDING FOR THE SECURITY FOR AND PAYMENT
8
OF SAID BOND; PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER
PROVISIONS RELATING TO THE SUBJECT.”
6. PROJECT UPDATES
A. Receive updates from staff regarding the Automated Trash Collection program.
Council Action
Carrie Jones, Assistant Public Works Director, stated that it was hard to believe its already
been one year since the City started the automated trash collection program. Especially
since we have been talking about it for almost 3 years now. Ms. Jones then provided a
recap of the process that got us to the roll out on April 1, 2019. We started talking about it
as staff and Council in mid-2017 and really went more in depth in the Spring of 2018 at
the budget workshop. Out of the budget workshop a sub-committee was created with two
Council Members and staff to vet options moving forward. In January 2019, Council
approved the loan to purchase carts that outfitted the City and 3 automated trash trucks.
Along the way, we discussed several ways to implement this program. At one point we
talked about only rolling it out to a portion of the City and then just decided to get it all
done at once. Staff began holding public meetings in February 2019. The City held 5 public
meetings and sent out countless number of brochures, literature, and informatino any way
they could push out information to make sure the information got out to the residents. In
March 2019, staff began delivering the carts and then rolled out the program beginning on
April 1st. There were a few hiccups along the way. Staff had to remain flexible on how to
move forward on the program, but now that we are a year in, we can look back and see
where we started and the positive outcomes that came from this program. Two of the major
positive outcomes from the program were reduction in trips to the landfill and the addition
of cameras to trucks. Previously, with our manual collection, we had three trash trucks
driving to the landfill 5 days per week. It is a 50-mile round trip to the landfill. We have
been able to reduce that to three trips per week, per truck. Overall, we are saving about
15,000 miles per year, which saves on fuel as well as wear and tear on the vehicles. In
addition to the safety of not having any laborers riding on the back of the trash trucks, we
also have cameras on the trucks. Each of the new automated trash trucks are outfitted with
6 cameras that watch every angle of the vehicle and the driver. So, in the instance of an
accident, we would have all the cameras we need to make sure we did not violate any safety
precautions. We are also able to automatically get notifications from the company who
monitors the cameras that if one of our drivers is speeding or has a hard brake or hard
acceleration, we get notifications so we can coach those employees on some of those safety
issues that come across the cameras. One of the major areas we changed with this program
was how we handled bulk and brush. This is where we saw many of the hiccups moving
forward. We had the one-time bulk pick up in April and we changed this to 6 months out
of the year that people are allowed to put out up to 2 cubic yards. This was a large learning
curve for both staff on learning how we were going to internally complete these routes and
then also for residents to learn the new rules. We allowed for a 3-month grace period to
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allow residents to get used to the limitations of the program and also to allow staff to work
out some hiccups. As the year went on, we continued to have problems with a lot of
residents calling and saying, “I got a bill in the mail and didn’t know this was coming.”
So, we created a special pickup/forced pickup committee with internal staff from Code
Compliance, Sanitation and Utility Billing. This group met several times to come up with
ways to eliminate some of these issues. Staff started placing door hangers for those
homeowners who had placed more than the 2 cubic yards out, or if they had placed
something outside of their scheduled time for bulk or brush pick up. This way they were
given the information to know they had put out more than 2 cubic yards and to watch this
next time, but this way they knew they would be getting a bill in the mail. This has reduced
our adjustments we have had to do after the fact that a bill has gone out. We also outfitted
all of the drivers with digital cameras so they can take pictures when they write on the door
hangers how much was picked up and when it was picked up. So, we have everything we
need if a homeowner calls and asks questions. Our staff is able to quickly answer those
questions. Also, in December of 2019, Council approved an amendment to the user fee
schedule to allow for a lower rate for call-ahead special pick-ups from $30 to $15 in order
to incentivize people calling ahead for pick ups. Ms. Jones stated that staff is continually
looking for ways to improve service when it comes to sanitation. So, we are working on
some additional changes to the Residential Collection Station to help streamline this
process.
There was no discussion or questions from Council.
Mayor Gott thanked Ms. Jones and stated this program has been great for the City.
No action taken. Informational presentation only.
B. Receive updates from staff on pending capital projects and funding sources, revenues,
anticipated bond issuances, and other financial and operational considerations that will
impact the FY2020 and FY2021 budgets.
Council Action
Judson Rex, City Manager, stated that this item will probably be on the agenda for the next
few Council meetings as to make sure Council is updated on the financial and operational
impacts that are the results of the COVID-19 pandemic. Not a lot has changed on our
staffing plan since the last update. Although, we are in the process now of planning the
transition back to heavier staff, presence locally on site, and then also adjusting some
alternate work schedules in conjunction with the guidance we are getting at the federal and
state levels. Our services continue to be provided and our facilities are closed to the public.
We are still available and we have a lot of resources online and anyone can pick up the
phone and call City Hall as well. Mr. Rex went on to say that last week the President came
up with a plan for reopening America. One of the criteria for ramping back up and
reopening was the number of positive tests as a percentage of total tests in the community.
10
Mr. Rex showed a graph for Grayson County which shows Grayson County reached its
peak on April 2nd and numbers have been going downhill in a good way since then, as far
as the positive tests as a percentage of total tests. So, staff has started moving into Phase 1
of reopening plans. Phase 1 would start today, Phase 2 on May 4 and Phase 3 on May 18.
These are preliminary dates and can change depending on what the conditions are like here
locally with COVID-19. In Phase 1 there is not a lot of change from a staffing standpoint
because we have brought on site some of the workers that were working remotely and are
transitioning them back over the next couple of weeks. We expect that Governor Abbott is
going to share more details on April 27th in terms of what reopening looks like statewide,
not just for businesses, but for County and local governments as well. The financial impacts
of COVID-19 have really been the focus of our efforts over the last couple of weeks. Mr.
Rex stated that he previously provided information on revenue shortages we were
expecting. Really the only significant change since the last Council meeting has been our
sales tax projection. Mr. Rex then provided a more industry specific look at the sales tax
percent of revenue for each industry and what the average decrease for that industry is
projected at. While we were projecting about a $650,000 shortfall, we are now looking
more at about $900,000. Mr. Rex stated that these numbers will change because these are
the best estimates and best forecasts that have been put together based on specific industries
and what might happen with those industries over the next 5 months. As things ramp back
up and people return to business and commerce, the numbers get better as the months go
out. From a timeline standpoint, the next time we will report back on what the rest of
FY2020 looks like will be May 18. What we are doing now is reviewing all of the
projections for the end of this fiscal year as far as expenses go and for projects for the next
budget year. Towards the end of April, the Grayson Central Appraisal District will be
releasing their preliminary property values. This will help us further the discussion along
as far as what expenses we need to look at and that sort of thing. The next sales tax report
comes out on May 8, which will have a partial month of shut down included in it. So, this
will be March’s sales tax revenues. We were basically shut down for half of March, so we
are anxiously awaiting that report to come out. After we take all of this data into
consideration, we will report back to Council at the May 18 meeting with some updated
projections for the rest of fiscal year along with any recommendations if such are needed
at that time. Mr. Rex then reminded Council that at the previous meeting he stated that
cities thrive during a downturn if they are in a good financial position to take advantage of
low bond rates and take advantage of a favorable bid environment. Mr. Rex then provided
information to show what kind of savings, when you are talking about interest rates, this
would equate to with the rest of the bonds we were planning to issue this year. The
difference between 2% and 3% can be about $3 million dollars over a 20-year issuance.
Mr. Rex wants to position the City, as long as we have the revenue to support it, to take
advantage of low bond rates and what may pan out to be a favorable bid environment if
our construction industry is hungry for work. Mr. Rex stated he just wanted to keep this in
front of Council to keep thinking of how we can benefit from our surroundings despite the
economic difficulty that is around us.
11
There was no discussion or questions from Council.
No action taken. Informational presentation only.
There being no further business to come before the Council, the meeting adjourned at 6:50 p.m.
____________________________________
JANET GOTT, Mayor
Attest:
_______________________________
Christine Wallentine, City Clerk
City Council Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion and take action on accepting a conveyance of real property for
public right-of-way, located along a portion of Randell Drive.
Staff Contact
Manjeet Ranu, Interim Planning Director
903-465-2720 x2474
Summary
As a condition of vacating a subdivision plat, which was requested by the property ownership,
the applicant must first convey right-of-way for a portion of Randell Drive that previously
dedicated by the plat now being vacated.
City Council acceptance of the right-of-way conveyance furthers implementation of the Master
Thoroughfare Plan in the 2018 Comprehensive Plan.
The Planning and Zoning Commission conditionally approved the plat vacation on April 14,
2020.
Staff Recommendation
Staff recommends approval.
Recommended Motion
"I move to accept the conveyance of right-of-way for a portion of Randell Drive, as described in the
agenda report.”
Background Information and Analysis
In July 2019, the Minor plat of Prather Estates Addition was filed with Grayson County. The property
owner wishes to vacate this Minor Plat, as to allow for the sale of this property in conjunction with a
larger parcel. Texas Local Government Code Section 212.013 sets forth the requirements and process
for vacating a plat. The Planning and Zoning Commission found the request to vacate the subject plat
to be compliant with Section 212.013 of the Texas Local Government Code.
At the time of platting, the applicant dedicated to the City a 30-foot right-of-way along the southern
boundary of the plat. This right-of-way conforms with the 2018 Comprehensive Plan and will allow the
City to provide adequate future infrastructure needs. To ensure the City retains the right-of-way, this
requested Council action would authorize a separate instrument to be filed with Grayson County to
convey the right-of-way previously provided to the City that would otherwise be lost due to the plat
vacation.
Financial Considerations
Acceptance of the right-of-way does not obligate the City to further improve Randell Drive.
Prior Board or Council Action
The Planning and Zoning Commission approved the subdivision plat vacation at its April 14, 2020
regular meeting, subject to the condition that the right-of-way be approved by the City Council and a
deed conveyed to the City.
Alternatives
The City Council could decline to accept the right-of-way. This is not recommended because it would
be inconsistent with implementing the 2018 Comprehensive Plan.
Attachments
1. Proposed right-of-way conveyance instrument
2. Planning and Zoning Commission Resolution
Page 1
AFTER RECORDING, RETURN TO:
Christine Wallentine
City Clerk
City of Denison
300 W. Main St.
Denison, Texas 75021
RIGHT OF WAY DEED
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GRAYSON
That NORMAN E. PRATHER FAMILY LIMITED PARTNERSHIP, a Texas limited
partnership ("Grantor"), of the County of Grayson, State of Texas, for and in consideration of the sum
of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in
hand paid by the City of Denison, a Texas home rule municipality ("Grantee"), the receipt and
sufficiency of which is hereby acknowledged, and upon and subject to the exceptions,
encumbrances, terms and provisions set forth and described below, has this day GRANTED and
CONVEYED unto Grantee all of that certain land in Grayson County, Texas, described on the
attached Exhibit A and depicted on Exhibit B.
All of the tract or parcel of land described in the document attached hereto as Exhibit A,
which is made part hereof as if fully copied herein, as a permanent right-of-way, together with all
improvements thereon, and all rights, benefits, privileges, tenements, hereditaments, roads, rights-of-
way, easements, appendages and appurtenances relating thereto including any right, title and interest
of Grantor in and to adjacent streets, alleys, rights-of-way, strips and acres contiguous and adjacent
to such land, including reversion and remainder interests related thereto on said land and
improvements (collectively referred to as the “Property”).
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee and Grantee’s successors and assigns
forever. Grantor does hereby bind Grantor, it heirs, executors, administrators, and Grantor's
successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming
or to claim the same, or any part thereof by, through, or under Grantor.
[SIGNATURES ON FOLLOWING PAGE]
Page 2
This Right-of-Way Deed has been executed to be effective the ____day of April, 2020.
GRANTOR:
NORMAN E. PRATHER FAMILY
LIMITED PARTNERSHIP, a Texas
Limited partnership
By: PRATHER FARMS, L.L.C.,
A Texas limited company,
Its general partner
By:
FLOYD PRATHER, Manager
STATE OF TEXAS §
§
COUNTY OF GRAYSON §
BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared
FLOYD PRATHER, Manager of PRATHER FARMS, L.L.C., a Texas limited company, known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEN under my hand and seal of office on this ___ day of _____________, 2020.
_________________________________
[NOTARY STAMP] Notary Public, State of Texas
Page 3
ACCEPTED
GRANTEE:
CITY OF DENISON
By:
Judson J. Rex
City Manager
ATTEST:
Christine Wallentine
City Clerk
STATE OF TEXAS
COUNTY OF GRAYSON
BEFORE ME, the undersigned authority, in and for said County, on this day personally appeared
Judson J. Rex, as City Manager of the City of Denison, a Texas home rule municipality, on behalf of
said municipality, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN under my hand and seal of office on this ___ day of _____________, 2020.
Notary Public, State of Texas
Page 4
Exhibit A
Legal Description of the Property
Page 5
Exhibit B
Depiction of the Property
PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-001
A RESOLUTION CONDITIONALLY APPROVING VACATING THE
PRATHER ESTATES ADDITION MINOR PLAT NEAR THE NORTHWEST
CORNER OF RANDELL DRIVE AND TEXAS STATE HIGHWAY 91;
PROPERTY ID #405026
WHEREAS, the Denison Planning and Zoning Commission held a public meeting on April
14, 2020, to consider vacating the Prather Estates Addition Minor Plat, more particularly described
as Minor Plat, Prather Estates Addition, being a part of the J. A. Kinchloe Survey, Abstract No.
693, City of Denison, Grayson County, Texas, recorded in the Official Records of the Grayson
County Clerk on July 3, 2019 as Document Number 2019-98, Plat Records, Grayson County,
Texas, a copy of which is attached as Exhibit "A", hereinafter known as the Project, on property
located near the northwest corner of Randell Drive and Texas State Highway 91; and
WHEREAS, Texas Local Government Code Section 212.013 allows and provides for a
process for vacating a subdivision plat; and
WHEREAS, pursuant to City of Denison’s Code of Ordinances Chapter 22 Subdivision
Regulations Article II Platting Procedures Division 6 Replatting and Amendment Procedures
Section 22.45, the following findings of fact have been made regarding said application:
1. This request to vacate the subject plat is compliant with Section 212.013 of the Texas Local
Government Code and Section 22.45 of the Denison Municipal Code. In accordance with
Section 212.013 of the Texas Local Government Code, The City of Denison has received
an application requesting plat vacation, a legal description and exhibit of the plat to be
vacated, and an exhibit of the public right-of-way which will be dedicated to the City.
2. The conveyance of the proposed 30 feet of public right-of-way will aid in the City’s ability
to provide adequate infrastructure along Randell Drive, as set forth in the 2018
Comprehensive Plan circulation plan.
NOW, THEREFORE, BE IT RESOLVED that based upon said findings of fact, the
Denison Planning and Zoning Commission hereby APPROVES the Project, on the above
described property, subject to the following condition:
1. This plat vacation is subject to City obtaining by deed the right-of-way for Randell Drive,
as more particularly described in the agenda report for this Project. Should the City not
obtain the right-of-way deed, the subject plat shall not be vacated and this Resolution shall
have no force or effect.
Planning Commission Resolution
Page 2 of 2
PASSED AND APPROVED by the Denison Planning and Zoning Commission at a regular
meeting held April 14, 2020, by the following vote:
AYES: 5
NAYS: 0
ABSENT: 0
___________________________________
Charles Shearer, Chairperson
ATTEST:
_________________________________________
Kimberly Murray, Secretary
City Council Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, conduct a public hearing, and take action on an ordinance for an
amendment to the zoning code (Chapter 28) to specify how discretionary land use applications are
deemed filed.
Staff Contact
Manjeet Ranu, AICP, Interim Planning Director
903- 465-2720 x2474
Summary
An amendment to the zoning code (Chapter 28) to specify how discretionary land use
applications are deemed filed, in furtherance of consistency with state law.
This amendment specifies how and when a discretionary application is determined to be filed,
tying to the adequacy of the application materials, which clarifies the review process.
The Planning and Zoning Commission recommended approval of the change on April 14, 2020.
Staff Recommendation
Recommend adopting the ordinance, as recommended by the Planning and Zoning Commission.
Recommended Motion
“I move to adopt the ordinance of the proposed amendment to Denison Municipal Code Chapter 28, as
more particularly described in the City Council Agenda Report for the meeting of May 4, 2020.”
Background Information and Analysis
Proposed Amendments
City staff has identified several issue-specific, near term amendments to the municipal code. This is
one of four, proposed ordinances being considered as separate public hearings.
Filed amendment (Chapter 28)
Related to the amendment affecting the subdivision code, the definition of when an application is
determined to be filed is clarified and tied to the adequacy of the application materials.
Comprehensive Plan Consistency
These amendments improve urban design quality and provide procedural clarity in alignment with state
law. As such, these amendments are consistent with the Comprehensive Plan vision of improving the
city and attracting new investment.
Other Findings
Staff and the Commission found these amendments to be consistent with the purpose of the subdivision
and zoning codes to further the orderly use and development of land because urban design quality
would be improved and procedures clarified to align with state law.
Procedural Requirements
Section 28.10 et seq. sets forth the process for amending Chapter 28, zoning code. Public notice of this
amendment was published in the Herald Democrat on March 28th, 2020.
Financial Considerations
These amendments involve staff time and are included in the adopted City budget.
Prior Board or Council Action
The Planning and Zoning Commission considered these amendments at its April 14, 2020 regular meeting and made the following motion:
Recommend approval to the City Council of the amendments to Subdivision Code as presented in the April 14, 2020 agenda report and amendments to the Zoning Code as presented in that agenda report for "Filed," "Quorum" and "Trash Enclosures;" and
Return to the Commission in May 2020 for further consideration of amendments to the Zoning Code regarding "Fences," "Outdoor Storage Walls" and "Grading," which address the Commission's comments and questions.
The Commission does not have purview to review the amendment to Chapter 2, quorum, however the same amendment is proposed in Chapter 28, Zoning, which is in the Commission’s purview.
Alternatives
The City Council could choose not to adopt the ordinances. This alternative is not recommended
because the existing codes would hinder the furtherance of quality urban design or be inconsistent with
Texas law.
Attachments
1. Filed amendment (Chapter 28)
Page 1 of 3
ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENISON,
TEXAS, AMENDING THE CODE OF ORDINANCES AT CHAPTER 28
“ZONING” BY AMENDING ARTICLE II “ZONING PROCEDURES AND
ADMINISTRATION”, SECTION 28.15A.10 “OFFICIAL FILING DATE”;
PROVIDING SEVERABILITY, REPEALER AND SAVINGS CLAUSES;
PROVIDING AN EFFECTIVE DATE; AND FINDING AND
DETERMINING THE MEETING AT WHICH THIS ORDINANCE IS
ADOPTED TO BE OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Denison, Texas (the “City”) is a Home Rule Municipality acting
under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Texas Local Government Code;
WHEREAS, the City Council of the City of Denison (the “City Council”) adopted
Chapter 28 of its Code of Ordinances, the same being the Comprehensive Zoning Ordinance of
the City; and
WHEREAS, the City Council wishes to amend the regulations relating to a completed
zoning application to more particularly describe the elements required for review; and
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at those public hearings
and all other relevant information and materials, the Planning and Zoning Commission of the City
has recommended to the City Council the adoption of the amendments to Comprehensive Zoning
Ordinance as set forth in the Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a public
hearing was held before the City Council at which the City Council considered, the
recommendation of the Planning and Zoning Commission, and among other things, the character
of the land and its suitability for particular uses, and compatibility with surrounding uses, with a
view of encouraging the most appropriate use of land in the City, and the City Council does hereby
find that the rezoning approved hereby accomplishes such objectives.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DENISON, TEXAS:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2. Amendment. That Chapter 28, “Zoning”, Article II, “Zoning Procedures
and Administration”, Section 28.15A.10, “Official filing date:” of the Code of Ordinances of the
City of Denison, Texas is hereby amended to read entirely as follows:
An application subject to discretionary review by this Chapter shall be considered
filed when the planning director deems an application ready for consideration by
Page 2 of 3
the decision-maker for that type of application. The planning director shall make
that determination based upon the completeness of the application, responsiveness
to application submittal requirements and resolution of issues identified during the
review process. The determination shall not be made based on whether the applicant
and planning director agree that findings for approval can be made based upon the
applicable criteria.
SECTION 3. Severability. If any provision, section, subsection, sentence, clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining
portions of this ordinance or the application thereby shall remain in effect, it being the intent of
the City Council of the City of Denison, Texas, in adopting this ordinance, that no portion thereof
or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality
of any other portion or provision.
SECTION 4. Repealer and Savings. This Ordinance shall be cumulative of all other
ordinances of the City and shall not repeal any of the provisions of such ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the
Ordinances of the City of Denison, codified or uncodified, not in conflict with the provisions of
this Ordinance, shall remain in full force and effect.
SECTION 5. Effective Date. This Ordinance shall become effective from and after its
date of passage and approval.
SECTION 6. Open Meeting. That it is hereby officially found and determined that the
meeting at which this ordinance was passed was open to the public as required by law, and that
public notice of the time, place, and purpose of said meeting was given all as required by Section
551.041, Texas Government Code.
AND IT IS SO ORDERED.
On motion by Councilmember, seconded by Councilmember, the above and foregoing ordinance
was passed and approved by the following vote:
Ayes:
Nays:
Abstentions:
At regular meeting held on May 4, 2020.
JANET GOTT, MAYOR
Page 3 of 3
ATTEST:
Christine Wallentine, City Clerk
APPROVED AS TO FORM:
Julie Fort, City Attorney
City Council Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, conduct a public hearing, and take action on an ordinance for an
amendment to Chapter 2 and the zoning code (Chapter 28) to provide for consistency with state law.
Staff Contact
Manjeet Ranu, AICP, Interim Planning Director
903- 465-2720 x2474
Summary
Various amendments to Chapter 2 and the zoning code (Chapter 28), providing for consistency
with state law to reduce the minimum requirement for a quorum from five to three.
This change will reduce the risk of meeting cancellations.
The Planning and Zoning Commission recommended approval of the change on April 14, 2020.
Staff Recommendation
Recommend adopting the ordinance, as recommended by the Planning and Zoning Commission.
Recommended Motion
“I move to adopt the ordinance of the proposed amendments to Denison Municipal Code Chapters 2
and 28, as more particularly described in the City Council Agenda Report for the meeting of May 4,
2020.”
Background Information and Analysis
Proposed Amendments
City staff has identified several issue-specific, near term amendments to the municipal code. This is
one of four, proposed ordinances being considered as separate public hearings.
Quorum amendment (Chapters 2 and 28)
This amendment revises the quorum requirement to three members or alternates of the Planning and
Zoning Commission, to be consistent with state law. The change is made in Chapter 2 and the
duplicate in Chapter 28 would be repealed.
Comprehensive Plan Consistency
These amendments improve urban design quality and provide procedural clarity in alignment with state
law. As such, these amendments are consistent with the Comprehensive Plan vision of improving the
city and attracting new investment.
Other Findings
Staff and the Commission found these amendments to be consistent with the purpose of the subdivision
and zoning codes to further the orderly use and development of land because urban design quality
would be improved and procedures clarified to align with state law. Staff found the quorum
amendment to Chapter 2 would align with state law.
Procedural Requirements
Amendments to Chapter 28, zoning code, require consideration by the Planning and Zoning
Commission. Amendments to Chapters 2 and 28 require public notice and are ultimately acted upon
by the City Council. Public notice of this amendment was published in the Herald Democrat on March
28th, 2020.
Financial Considerations
These amendments involve staff time and are included in the adopted City budget.
Prior Board or Council Action
The Planning and Zoning Commission considered these amendments at its April 14, 2020 regular meeting and made the following motion:
Recommend approval to the City Council of the amendments to Subdivision Code as presented in the April 14, 2020 agenda report and amendments to the Zoning Code as presented in that agenda report for "Filed," "Quorum" and "Trash Enclosures;" and
Return to the Commission in May 2020 for further consideration of amendments to the Zoning Code regarding "Fences," "Outdoor Storage Walls" and "Grading," which address the Commission's comments and questions.
The Commission does not have purview to review the amendment to Chapter 2, quorum, however the same amendment is proposed in Chapter 28, Zoning, which is in the Commission’s purview.
Alternatives
The City Council could choose not to adopt the ordinances. This alternative is not recommended
because the existing codes would hinder the furtherance of quality urban design or be inconsistent with
Texas law.
Attachment
1. Quorum amendment (Chapters 2 and 28)
Page 1 of 3
ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENISON,
TEXAS, AMENDING THE CODE OF ORDINANCES AT CHAPTER 2
“ADMINISTRATION” BY AMENDING ARTICLE II “AUTHORITIES,
BOARDS, COMMITTEES, COMMISSIONS”, DIVISION 3 “PLANNING
AND ZONING ZOMMISSION”, SECTION 2-102 “QUORUM” TO
MODIFY THE QUORUM NECESSARY FOR THE PLANNING AND
ZONING COMMISSION; AMENDING CHAPTER 28 “ZONING”,
ARTICLE II “ZONING PROCEDURES AND ADMINISTRATION” BY
DELETING SECTION 28.7 “PLANNING AND ZONING COMMISSION”;
PROVIDING SEVERABILITY, REPEALER AND SAVINGS CLAUSES;
AND FINDING AND DETERMINING THE MEETING AT WHICH THIS
ORDINANCE IS ADOPTED TO BE OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the City of Denison, Texas (the “City”) is a Home Rule Municipality acting
under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Texas Local Government Code;
WHEREAS, like the City Council of the City of Denison (the “City Council”), the City’s
Planning and Zoning Commission (the “Commission”) is subject to the Open Meetings Act (the
“Act”), Texas Government Code Chapter 551; and
WHEREAS, under Section 551.001(6) of the Act, a quorum of the Commission is a simple
majority of the members; and
WHEREAS, under Section 2-102 of the Code of Ordinances of the City, a quorum of the
Commission is five (5) members or alternates; and
WHEREAS, at a previous meeting, the Commission recommended approval of a change
to the Commission’s quorum requirements; and
WHEREAS, the City Council wishes to remove duplicative language found within the
City’s Comprehensive Zoning Ordinance; and
WHEREAS, the City Council finds it necessary to align the quorum requirements of the
Commission with state law to effectuate more consistent meetings of the commission; and
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at those public hearings
and all other relevant information and materials, the Planning and Zoning Commission of the City
has recommended to the City Council the adoption of the amendments to Comprehensive Zoning
Ordinance as set forth in the Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a public
hearing was held before the City Council at which the City Council considered, the
recommendation of the Planning and Zoning Commission, and among other things, the character
Page 2 of 3
of the land and its suitability for particular uses, and compatibility with surrounding uses, with a
view of encouraging the most appropriate use of land in the City, and the City Council does hereby
find that the changes approved hereby accomplishes such objectives.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DENISON, TEXAS:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2. Amendment. That Chapter 2, “Administration”, Article II, “Authorities,
Boards, Committees, Commissions”, Division 3, “Planning and Zoning Commission”, Section 2-
102, “Quorum” the Code of Ordinances of the City of Denison, Texas is hereby amended to read
entirely as follows:
Three (3) members or alternates of the planning and zoning commission shall constitute a
quorum.
SECTION 3. Amendment. That Chapter 28, “Zoning”, Article II, “Zoning Procedures
and Administration”, Section 28.7, “Planning and zoning commission” the Code of Ordinances of
the City of Denison, Texas is hereby deleted and made reserve spacing in the Code of Ordinances.
SECTION 4: Severability. If any provision, section, subsection, sentence, clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining
portions of this ordinance or the application thereby shall remain in effect, it being the intent of
the City Council of the City of Denison, Texas, in adopting this ordinance, that no portion thereof
or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality
of any other portion or provision.
SECTION 5: Repealer and Savings. This Ordinance shall be cumulative of all other
ordinances of the City and shall not repeal any of the provisions of such ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the
Ordinances of the City of Denison, codified or uncodified, not in conflict with the provisions of
this Ordinance, shall remain in full force and effect.
SECTION 6: Effective Date. This Ordinance shall become effective from and after its
date of passage and approval.
SECTION 7: Open Meeting. That it is hereby officially found and determined that the
meeting at which this ordinance was passed was open to the public as required by law, and that
public notice of the time, place, and purpose of said meeting was given all as required by Section
551.041, Texas Government Code.
Page 3 of 3
AND IT IS SO ORDERED.
On motion by Councilmember __________________, seconded by Councilmember
__________________, the above and foregoing ordinance was passed and approved by the
following vote:
Ayes:
Nays:
Abstentions:
At regular meeting held on _________, 2020.
JANET GOTT, MAYOR
ATTEST:
Christine Wallentine, City Clerk
City Council Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, conduct a public hearing, and take action on an ordinance for an
amendment to the subdivision code (Chapter 22) to provide for consistency with state law.
Staff Contact
Manjeet Ranu, AICP, Interim Planning Director
903- 465-2720 x2474
Summary
An amendment to the subdivision code (Chapter 22) to address changes in state law—HB 3137
(Oliverson, 2019).
This amendment is necessary to comply with review timing requirements and thresholds in the
law, while also allowing for adequate City review and service to applicants.
The Planning and Zoning Commission recommended approval of the change on April 14, 2020.
Staff Recommendation
Recommend adopting the ordinance, as recommended by the Planning and Zoning Commission.
Recommended Motion
“I move to adopt the ordinance of the proposed amendment to Denison Municipal Code Chapter 22 as
more particularly described in the City Council Agenda Report for the meeting of May 4, 2020.”
Background Information and Analysis
Proposed Amendments
City staff has identified several issue-specific, near term amendments to the municipal code. This is
one of four, proposed ordinances being considered as separate public hearings.
Subdivision procedures and filed amendments (Chapter 22)
State of Texas Local Government Code Chapters 212 and 232, which address in part, the procedures
for reviewing and acting upon an officially filed subdivision application by a local jurisdiction with
regulatory authority over the subdivision of land, were amended in 2019 by House Bill 3167.
Processing time for a filed application is strictly regulated once an application is determined to be
officially filed. This amendment defines when that occurs and prerequisite steps to be deemed
officially filed. Without this amendment, applicants may not have the benefit of sufficient City review
and guidance prior to a final action. The Planning Division is currently creating the structure and tools
to establish procedures for processing land use applications. This amendment will support that effort.
Comprehensive Plan Consistency
This and the other amendments improve urban design quality and provide procedural clarity in
alignment with state law. As such, these amendments are consistent with the Comprehensive Plan
vision of improving the city and attracting new investment.
Other Findings
Staff and the Commission found these amendments to be consistent with the purpose of the subdivision
and zoning codes to further the orderly use and development of land because urban design quality
would be improved and procedures clarified to align with state law.
Procedural Requirements
Amendments to Chapter 22, subdivision code require consideration by the Planning and Zoning
Commission, public notice and are ultimately acted upon by the City Council. Public notice of this
amendment was published in the Herald Democrat on March 28th, 2020.
Financial Considerations
These amendments involve staff time and are included in the adopted City budget.
Prior Board or Council Action
The Planning and Zoning Commission considered these amendments at its April 14, 2020 regular meeting and made the following motion:
Recommend approval to the City Council of the amendments to Subdivision Code as presented in the April 14, 2020 agenda report and amendments to the Zoning Code as presented in that agenda report for "Filed," "Quorum" and "Trash Enclosures;" and
Return to the Commission in May 2020 for further consideration of amendments to the Zoning Code regarding "Fences," "Outdoor Storage Walls" and "Grading," which address the Commission's comments and questions.
The Commission does not have purview to review the amendment to Chapter 2, quorum, however the same amendment is proposed in Chapter 28, Zoning, which is in the Commission’s purview.
Alternatives
The City Council could choose not to adopt the ordinances. This alternative is not recommended
because the existing codes would hinder the furtherance of quality urban design or be inconsistent with
Texas law.
Attachment
1. Subdivision procedures and filed amendments (Chapter 22)
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENISON,
TEXAS, AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF
THE CITY, THE SAME BEING THE SUBDIVISION REGULATIONS OF
THE CITY OF DENISON, SPECIFICALLY REPEALING ARTICLE II
“PLATTING PROCEDURES” DIVISION 1 “COMPLETENESS OF
APPLICATIONS” SECTION 22-15 “TIME FOR MAKING
DETERMINATION”, SECTION 22-16 “WHEN APPLICATION DEEMED
COMPLETE”, AND SECTION 22-17 “TIME FOR COMPLETING
APPLICATION.”; AMENDING SECTION 22-12 “COMPLETENESS
DETERMINATION”, SECTION 22-13 “INCOMPLETENESS AS
GROUNDS FOR DENIAL”, SECTION 22-14 “PRE-APPLICATION
CONFERENCE”, SECTION 22-15 “SEQUENCE OF APPLICATIONS”;
SECTION 22-16 “OFFICIAL FILING DATE”: PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denison (the “City”) is a Home Rule Municipality acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; and
WHEREAS, the City Council adopted Chapter 22 of its Code of Ordinances, the same being the
Subdivision Regulations of the City, which sets forth various procedures and processes for the
subdivision and platting of property; and
WHEREAS, THE 86TH Legislature passed House Bill No. 3167 providing for amendments to
Chapter 212, “Municipal Regulation of Subdivisions and Property Development” of the Texas
Local Government Code: and
WHEREAS, the following amendments to the Subdivision Regulations are in full compliance
with the requirements of House Bill No. 3167; and
WHEREAS, having considered the recommendations of the Planning and Zoning Commission,
the proposed amendments to the Subdivision Regulations and the appropriateness of the
amendments; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing
was held before City Council, at which the City Council considered the appropriateness of
amendments to streamline the development process and align City regulations with the Texas
Local Government Code; and the City Council does hereby find that the amendments to the
Subdivision Regulations approved hereby accomplishes such objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DENISON, TEXAS:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2. Amendment. That Chapter 22 “Subdivision Regulations”, Article II “Platting
Procedures”, Division 1 “Completeness of Applications” is hereby amended by deleting Section
22-15 “Time for making determination”, Section 22-16 “When application deemed complete”, and
Section 22-17 “Time for completing application.”
SECTION 3. Amendment. That Chapter 22 “Subdivision Regulations”, Article II “Platting
Procedures”, Division 1 “Completeness of Applications” is hereby amended by amending Section
22-12 “Completeness determination”, Section 22-13 “Incompleteness as grounds for denial”,
Section 22-14 “Pre-application conference”, Section 22-15 “Sequence of applications”, and
Section 22-16 “Official filing date” to read entirely as follows and that Division 1 “Completeness
of Applications” is hereby renumbered among the existing sections:
Sec. 22-12. - Completeness determination.
Every application for approval of a plat shall be subject to a determination of completeness by the
planning director, or his/her designee. No application shall be accepted for processing unless it is
accompanied by all prerequisite authorizations and all documents required by and prepared in
accordance with the requirements of these subdivision regulations. The director from time to time
may identify additional requirements for a complete application that are not contained within but
are consistent with the application contents and standards set forth in the subdivision regulations.
The director also may promulgate a fee for review of the application for completeness.
Sec. 22-13. - Incompleteness as grounds for denial.
The processing of an application by any city official or employee prior to the time the application
is determined to be complete shall not be binding on the city as the official acceptance of the
application for filing, and the incompleteness of the application shall be grounds for denial or
revocation of the application. A determination of completeness shall not constitute a determination
of compliance with the substantive requirements of these subdivision regulations. An application
that remains incomplete after acceptance for filing shall be denied.
Sec. 22-14. - Pre-application conference.
A property owner, qualified representative of the owner or the city shall request a pre-application
conference with the director for purposes of identifying requirements that are applicable to a
proposed plat. The request shall be made in writing on a form prepared by the director and shall
state that any proposed development concept discussed at the pre-application conference is not
intended as a plan of development or application for plat approval. No application required by this
chapter shall be accepted for filing until after applicant completes a pre-application conference.
Sec. 22-15. - Sequence of applications.
Notwithstanding any other provision of this chapter to the contrary, an application for a plat shall
not be considered complete unless accompanied by (a) a copy of the zoning ordinance or other
certification verifying that the proposed use for which the application is submitted is authorized
by the zoning district in which the property is located, and (b) evidence that all prerequisite
authorizations (i.e. preliminary plat before a final plat) have been obtained.
Sec. 22-16. - Official filing date.
Applications for approvals required by this chapter may only be filed on an official submittal date.
The city shall establish and publish on its official website a monthly schedule of official submittal
dates. An applicant shall schedule a meeting on an official submittal date in order to review the
proposed application for completeness. An Application shall not be accepted for filing in the
following circumstances:
(a) Prerequisite authorizations have not been obtained;
(b) A prior required application has not been approved;
(c) A proposed variance has not been approved; or
(d) The application is not complete.
SECTION 4. Repealer and Savings. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 5. Severability. Should any section, subsection, sentence, clause, phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Denison hereby declares that it would have passed this Ordinance, and each section,
subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 6. Effective Date. This Ordinance shall become effective immediately upon its
adoption.
SECTION 7. Open Meeting. That it is hereby found and determined that the meeting at which
this Ordinance was passed was open to the public as required by law, and that public notice of the
time, place and purpose of said meeting was given, all as required by Article 551.041, Texas
Government Code.
AND IT IS SO ORDERED.
On motion by Council Member ____________, seconded by Council Member
__________________, the above and foregoing ordinance was passed and approved on this the
____ day of _______, 2020, by the following vote:
Ayes:
Abstentions:
Nays:
At regular meeting _________, 2020.
__________________________________________
JANET GOTT, MAYOR
ATTEST:
__________________________________________
Christine Wallentine, City Clerk
City Council Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, conduct a public hearing, and take action on an ordinance amending
the zoning code (Chapter 28) regarding waste disposal design and siting standards applicable to all land
uses.
Staff Contact
Manjeet Ranu, AICP, Interim Planning Director
903- 465-2720 x2474
Summary
An amendment to the zoning code (Chapter 28) regarding waste disposal screening design,
placement and access standards, further making these requirements applicable to all land uses.
This amendment improves the design quality of these visible accessory structures and allows
consideration early during review to simplify the process.
The Planning and Zoning Commission recommended approval of the change on April 14, 2020.
Staff Recommendation
Recommend adopting this ordinance, as recommended by the Planning and Zoning Commission.
Recommended Motion
“I move to adopt the ordinance of the proposed amendment to Denison Municipal Code Chapter 28, as
more particularly described in the City Council Agenda Report for the meeting of May 4, 2020.”
Background Information and Analysis
Proposed Amendments
City staff has identified several issue-specific, near term amendments to the municipal code. This is
one of four, proposed ordinances being considered as separate public hearings.
Trash enclosure amendment (Chapter 28)
This amendment requires non-residential land uses to meet trash enclosure screening, placement and
design requirements. Currently this only applies to residential land uses. This development standard
ensures that trash enclosures are evaluated early as part of the site plan review process instead of
during the engineering/building review phase, which will simplify the process.
Comprehensive Plan Consistency
This and the other amendments improve urban design quality and provide procedural clarity in
alignment with state law. As such, these amendments are consistent with the Comprehensive Plan
vision of improving the city and attracting new investment.
Other Findings
Staff and the Commission found this and the other amendments to be consistent with the purpose of the
subdivision and zoning codes to further the orderly use and development of land because urban design
quality would be improved and procedures clarified.
Procedural Requirements
Section 28.10 et seq. sets forth the process for amending Chapter 28, zoning code. Public notice of this
amendment was published in the Herald Democrat on March 28th, 2020.
Financial Considerations
This amendment involves staff time and are included in the adopted City budget.
Prior Board or Council Action
The Planning and Zoning Commission considered these amendments at its April 14, 2020 regular meeting and made the following motion:
Recommend approval to the City Council of the amendments to Subdivision Code as presented in the April 14, 2020 agenda report and amendments to the Zoning Code as presented in that agenda report for "Filed," "Quorum" and "Trash Enclosures;" and
Return to the Commission in May 2020 for further consideration of amendments to the Zoning Code regarding "Fences," "Outdoor Storage Walls" and "Grading," which address the Commission's comments and questions.
The Commission does not have purview to review the amendment to Chapter 2, quorum, however the same amendment is proposed in Chapter 28, Zoning, which is in the Commission’s purview.
Alternatives
The City Council could choose not to adopt the ordinances. This alternative is not recommended
because the existing codes would hinder the furtherance of quality urban design or be inconsistent with
Texas law.
Attachments
1. Trash enclosure amendment (Chapter 28)
Page 1 of 3
ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENISON,
TEXAS, AMENDING THE CODE OF ORDINANCES AT CHAPTER 28
“ZONING” BY AMENDING ARTICLE V “DEVELOPMENT
STANDARDS”, SECTION 28.53.6 “SCREENING FOR OPEN STORAGE,
REFUSE CONTAINERS AND GROUND-MOUNTED EQUIPMENT”;
PROVIDING SEVERABILITY, REPEALER AND SAVINGS CLAUSES;
PROVIDING AN EFFECTIVE DATE; AND FINDING AND
DETERMINING THE MEETING AT WHICH THIS ORDINANCE IS
ADOPTED TO BE OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Denison, Texas (the “City”) is a Home Rule Municipality acting
under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Texas Local Government Code;
WHEREAS, the City Council of the City of Denison (the “City Council”) adopted
Chapter 28 of its Code of Ordinances, the same being the Comprehensive Zoning Ordinance of
the City; and
WHEREAS, the City Council wishes to amend the regulations relating to open storage,
refuse containers, and ground-mounted equipment to encourage the most appropriate use of land
and protect the privacy and value of adjacent permitted uses; and
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at those public hearings
and all other relevant information and materials, the Planning and Zoning Commission of the City
has recommended to the City Council the adoption of the amendments to Comprehensive Zoning
Ordinance as set forth in the Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a public
hearing was held before the City Council at which the City Council considered, the
recommendation of the Planning and Zoning Commission, and among other things, the character
of the land and its suitability for particular uses, and compatibility with surrounding uses, with a
view of encouraging the most appropriate use of land in the City, and the City Council does hereby
find that the rezoning approved hereby accomplishes such objectives.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DENISON, TEXAS:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2. Amendment. That Chapter 28, “Zoning”, Article V, “Development
Standards”, Section 28.53.6, “Screening for open storage, refuse containers and ground-mounted
equipment” of the Code of Ordinances of the City of Denison, Texas is hereby amended by
amending Subsection (B) to read entirely as follows:
Page 2 of 3
B. Refuse and recycling storage areas which are not within a screened rear service area and
which are in the public view in the HO, AO, MO, PD, BP, MF-1, MF-2, MHP districts shall be
visually screened by a minimum six-foot (6) solid masonry wall on at least three (3) sides (see
Illustration 1 for refuse container enclosure diagrams). The fourth side, which is to be used for
garbage pickup service, shall be gated to secure the refuse storage area. Alternate equivalent
screening methods may be approved through the site plan approval process in Section 28.13.
Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies.
Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for
loading and unloading, as per Appendix "A" Illustration #1.
SECTION 3. Amendment. That Chapter 28, “Zoning”, Article V, “Development
Standards”, Section 28.53.6, “Screening for open storage, refuse containers and ground-mounted
equipment” of the Code of Ordinances of the City of Denison, Texas is hereby amended by adding
Subsections (D-F) to read entirely as follows:
D. Regardless of the zoning district or land use, any refuse and recycling storage area within the
public view that is not temporary shall be screened in compliance with the aforementioned design
requirements in Subsection A or alternate equivalent screening method as approved by the City
Planning Director or through the site plan approval process in Section 28.13, when required.
E. Plans and specifications for screening and/or fencing around ground mounted utility
structures (e.g. transformers, natural gas regulating stations, etc.) shall be submitted for review
by the affected utility company prior to construction of said screening/fencing.
F. Trash and recycling storage areas shall be accessible to accommodate front or side loading
waste collection vehicles.
SECTION 4. Severability. If any provision, section, subsection, sentence, clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining
portions of this ordinance or the application thereby shall remain in effect, it being the intent of
the City Council of the City of Denison, Texas, in adopting this ordinance, that no portion thereof
or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality
of any other portion or provision.
SECTION 5. Repealer and Savings. This Ordinance shall be cumulative of all other
ordinances of the City and shall not repeal any of the provisions of such ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the
Ordinances of the City of Denison, codified or uncodified, not in conflict with the provisions of
this Ordinance, shall remain in full force and effect.
SECTION 6. Effective Date. This Ordinance shall become effective from and after its
date of passage and approval.
SECTION 7. Open Meeting. That it is hereby officially found and determined that the
meeting at which this ordinance was passed was open to the public as required by law, and that
Page 3 of 3
public notice of the time, place, and purpose of said meeting was given all as required by Section
551.041, Texas Government Code.
AND IT IS SO ORDERED.
On motion by Councilmember, seconded by Councilmember, the above and foregoing ordinance
was passed and approved by the following vote:
Ayes:
Nays:
Abstentions:
At regular meeting held on _________, 2020.
JANET GOTT, MAYOR
ATTEST:
Christine Wallentine, City Clerk
City Council Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, conduct a public hearing, and take action on an amendment to
Segment Four (4) of Ordinance No. 4786, more commonly known as the Gateway Village Planned
Development.
Staff Contact
Bill Medina, Planner
903-647-5566
Summary
The proposed change would reduce the required lot width of Segment Four (4) from 60’ down
to 40’ adding additional development flexibility.
The proposed amendment would allow for the construction of an additional 119 new single-
family dwelling units in The Reserves, the latest development in Gateway Village currently in
final engineering review.
Staff recommends approval.
Staff Recommendation
Staff recommends approval of the proposed amendment to the Gateway Village Planned Development
Ordinance.
Recommended Motion
"I move to approve the proposed amendment to Ordinance 4786, Gateway Village Planned
Development, V. “Height, Area and Special Regulations”, D. Segment 4, “Area Regulations:” A. 2.
Minimum Lot Width.”
Background Information and Analysis
As City staff continues to work on the development of Gateway Village with the current developer,
TPJ Properties has identified an amendment which would serve to provide additional flexibility for
future development. The proposed amendment to the Gateway Village Planned Development would
only affect Segment Four (4) of Ordinance, as shown. The proposed change would reduce the
minimum lot width requirement from 60’ down to 40’.
Adopting the proposed change in lot width in Segment Four (4) would allow a developer to move
forward with the construction of an additional 119 new single-family dwelling units in The Reserves,
the latest development in Gateway Village currently in final engineering review. The size of the front,
side, and rear yards of developed lots will remain consistent with the current version of the Gateway
Village Planned Development. Initial discussion of the design and development of Gateway Village
were agreeable to a minimum width of 40’, however it was not included in the text of the original
Planned Development Ordinance.
Financial Considerations
N/A
Prior Board or Council Action
The Planning and Zoning Commission recommended approval on April 28, 2020.
Alternatives
The City Council may conditionally approve, deny, or table the amendments to the Ordinance.
City Council Report Case Number 2020-037Z
Monday, May 4th , 2020
Case Number: 2020-037Z
Zoning: Planed Development
¯
City Council Report Case Number 2020-037Z
Monday, May 4th , 2020
Zoning Map
Zoning Type: Planned Development
Page 1 of 3
ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENISON,
TEXAS, AMENDING ORDINANCE NO. 4786, GATEWAY VILLAGE
PLANNED DEVELOPMENT (PD), A TRACT OF LAND CONSISTING OF
APPROXIMATELY 613.00 ACRES, MORE OR LESS, SITUATED IN THE
D.C. SHELP SURVEY, A-1097, THE WILLIAM MULLIGAN SURVEY, A-
875, THE W.S. THURMAN SURVEY, A-1265, THE LAVINA MILLER
SURVEY, A-898, THE A.L. THOMPSON SURVEY A-1275, THE J.G.
GNASE SURVEY, A-1567, THE THOMAS BRADLEY SURVEY, A-81 AND
THE SEYMORE-BRADLEY SURVEY, A-113 IN THE CITY OF DENISON,
GRAYSON COUNTY, TEXAS; BY AMENDING V. “HEIGHT, AREA AND
SPECIAL REGULATIONS”, D. SEGMENT 4, “AREA REGULATIONS:”
A. 2. MINIMUM LOT WIDTH; PROVIDING SEVERABILITY,
REPEALER AND SAVINGS CLAUSES; PROVIDING AN EFFECTIVE
DATE; AND FINDING AND DETERMINING THE MEETING AT WHICH
THIS ORDINANCE IS ADOPTED TO BE OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the City of Denison, Texas (the “City”) is a Home Rule Municipality acting
under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Texas Local Government Code;
WHEREAS, the City Council of the City of Denison (the “City Council”) adopted
Chapter 28 of its Code of Ordinances, the same being the Comprehensive Zoning Ordinance of
the City; and
WHEREAS, the City Council adopted Ordinance No. 4786 amending the Comprehensive
Zoning Ordinance and establishing the Gateway Village Planned Development on May 4, 2015;
and
WHEREAS, the City has received a request initially from TPJ Properties, LTD to amend
certain lot width requirements for Segment 4 contained in Ordinance No. 4786; and
WHEREAS, the City Council has pursued the amendment, investigated and determined
that Ordinance No. 4786 should be amended by this ordinance (“Ordinance”); and
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at those public hearings
and all other relevant information and materials, the Planning and Zoning Commission of the City
has recommended to the City Council the adoption of the amendments as set forth in the
Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a public
hearing was held before the City Council at which the City Council considered, the
recommendation of the Planning and Zoning Commission, and among other things, the character
of the land and its suitability for particular uses, and compatibility with surrounding uses, with a
Page 2 of 3
view of encouraging the most appropriate use of land in the City, and the City Council does hereby
find that the rezoning approved hereby accomplishes such objectives.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DENISON, TEXAS:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2. Amendment to Ordinance No. 4786 Gateway Village Planned
Development. Ordinance 4786, Gateway Village Planned Development, V. “Height, Area and
Special Regulations”, D. Segment 4, “Area Regulations:” A. 2. Minimum Lot Width is hereby
amended to delete the sixty (60) feet minimum lot width and to now read as follows:
Area regulations:
A. Size of lots:
2. Minimum lot width – Forty (40) feet.
SECTION 3. Severability. If any provision, section, subsection, sentence, clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining
portions of this ordinance or the application thereby shall remain in effect, it being the intent of
the City Council of the City of Denison, Texas, in adopting this ordinance, that no portion thereof
or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality
of any other portion or provision.
SECTION 4. Repealer and Savings. This Ordinance shall be cumulative of all other
ordinances of the City and shall not repeal any of the provisions of such ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the
Ordinances of the City of Denison, codified or uncodified, not in conflict with the provisions of
this Ordinance, shall remain in full force and effect.
SECTION 5. Effective Date. This Ordinance shall become effective from and after its
date of passage and approval.
SECTION 6. Open Meeting. That it is hereby officially found and determined that the
meeting at which this ordinance was passed was open to the public as required by law, and that
public notice of the time, place, and purpose of said meeting was given all as required by Section
551.041, Texas Government Code.
AND IT IS SO ORDERED.
On motion by Councilmember, seconded by Councilmember, the above and foregoing ordinance
was passed and approved by the following vote:
Ayes:
Page 3 of 3
Nays:
Abstentions:
At regular meeting held on _________, 2020.
JANET GOTT, MAYOR
ATTEST:
Christine Wallentine, City Clerk
City Council Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion and take action on authorizing the City Manager to enter into a 5-
year agreement with Datrium/VAR Technology to upgrade the city’s existing data backup solution to
include instant disaster recovery and improved ransomware protection.
Staff Contact
Joshua Montgomery, Director of Information Technology
(903)465-2720 x2525
Summary
HIPAA (Health Insurance Portability and Accountability Act) compliant
GDPR (General Data Protection Regulation) compliant
NIST (National Institute of Standards and Technology) compliant
CJIS (Criminal Justice Information Systems) compliant
AES (Advanced Encryption Standard) compliant
Data backups conducted in as little as minutes
Instant recovery in the event of natural disaster or ransomware event
Seamless integration into existing infrastructure
Staff Recommendation
Staff recommends approval of this item.
Recommended Motion
“I move to approve the City Manager entering into a 5-year agreement with Datrium/VAR Technology
to upgrade the city’s existing data backup solution to include instant disaster recovery and improved
ransomware protection.”
Background Information and Analysis
Municipality ransomware attack rates have increased considerably within the past 2 years per the
Department of Homeland Security. In August 2019, there was a “targeted attack on Texas local
government” that affected 23 municipalities. Additionally, Grayson College and Grayson County were
both hit with ransomware within the past year. Luckily, the City of Denison has not been subjected to a
ransomware attack, but statistics would indicate we are becoming increasing susceptible. By upgrading
our current backup infrastructure to include Datrium’s regulatory compliant solution we gain the
ability to instantaneously restore data due to natural disaster or a ransomware event. The city does have
existing internally managed backups, but they are geologically constrained within city limits which
poses a possible issue with the city being classified as part of “tornado alley”. By incorporating this
solution, we mitigate risk associated with the possibility of natural disasters due to locality. Also, we
would be able to increase the frequency in which data backups are conducted to as little as minutes
substantially shortening the window for possible data loss. Implementation of this solution would result
in increased business continuity due to reduced costs and recovery time.
Financial Considerations
This is an unbudgeted expense totaling $250,000 (over 5 years) but can be offset with revenue
produced from Information Technology’s mobile device trade-in program. This program has/will
produce revenue in excess of $50,000 or more during FY2020 and is projected to do so each year
moving forward. The first payment would be due by May 8, 2020, second payment due on October 28,
2021, and then yearly there-after on a 5-year agreement. This means that FY2021 budget would not be
impacted by this purchase. Other considerations would be the cost reduction to replace current/future
end of life equipment regarding backup infrastructure would be reduced if integrating with this service.
Prior Board or Council Action
None
Alternatives
Continue to operate utilizing existing infrastructure without instantaneous natural disaster recovery or
improved ransomware protection.
CoD - Datrium - 5 Year
Quote # 043747Version 1
P R E P A R E D F O R :
City of Denison
Joshua [email protected]
B U S I N E S S T E C H N O L O G Y S O L U T I O N S F O R :
16801 Greenspoint Park DriveSuite 200Houston, TX 77060www.centretechnologies.com(281) 506-2480
City of DenisonCentre Technologies
Prepared by: Prepared for: Quote Information:
Quote #: 043747
Version: 1Delivery Date: 04/17/2020Expiration Date: 05/31/2020
CoD - Datrium - 5 Year
Trisha Pateon behalf of Gabrielle Fisher(281) [email protected]
Joshua MontgomeryShip To:300 W Main St, Denison, TX 75020(903) [email protected]
CoD - Datrium60 Month Term
DIR-TSO-4352
Description Qty Price Ext. Price
Datrium Hardware
60 Month Term
DVX Host Software Subscription, w/ 7x24 Sftw Support 5 $8,823.53 $44,117.65
60 Month Term
D12X4 Software Subscription, w/ 7x24 Sftw Support 1 $37,941.18 $37,941.18
60 Month Term
DR Cloud Backup Capacity SaaS Reserved , 1TB, per Month 15 $5,082.35 $76,235.25
60 Month Term
Datrium ControlShift SaaS VM, per Month 25 $1,058.82 $26,470.50
60 Month Term
Datrium Cloud DR Live Mount, per VM, per Month 25 $529.41 $13,235.25
60 Month Term
DRaaS VMC Test Pack w 100 Hrs 1 TB Egrs per Yr, per Month 1 $6,630.00 $6,630.00
Includes SUP-D12X4-HW-0MONBD - 60 Months
Datrium DVX Data Node HW, Disk, 48TB raw, 12x 4TB HDDs, 2x10/25G SFP28per Ctlr
1 $20,372.25 $20,372.25
Subtotal: $225,002.08
Services
Description Qty
Installation / Configuration to be determined after scoping call
Page: 2 of 3
CoD - Datrium - 5 Year for City of DenisonQuote # 043747 V1
16801 Greenspoint Park DriveSuite 200Houston, TX 77060www.centretechnologies.com(281) 506-2480
Description Amount
Quote Summary
Datrium Hardware $225,002.08
Total: $225,002.08
Customer hereby acknowledges that all of the Agreements and Orders contained herein are subject to the applicable taxes (e.g.,international, federal, state and local), shipping, handling and other associated fees. The Uniform Commercial Code, as adopted by the TexasBusiness and Commerce Code, shall apply where appropriate. Centre reserves the right to cancel or amend orders arising from pricing orother errors contained in the attached Quote and will notify the Customer. Signing below constitutes acceptance of all of the items containedherein, including the Agreements, which are available for review and download at https://centretechnologies.com/agreements and mayinclude a Letter of Engagement, Business Associate Agreement, Service Time Agreement and/or Mutual Non-disclosure Agreement. Unlessstated otherwise in the actual description of the Product or Service listed hereinabove, the pricing reflects Centre’s good faith and reasonableefforts in calculating the estimated cost of Products and Services based on information supplied by the Customer. Actual charge(s) may varyand recur monthly based upon Agreements for the use of services. Please note that there is a Minimum Monthly Recurring Charge(“MMRC”) for recurring services. Customer hereby represents that its electronic signature to this Agreement shall be relied upon and servesto bind it to the obligations stated within. Customer’s representative hereby warrants and represents that he/she/it has the express authorityto execute this Acknowledgement of the Agreement(s) on behalf of Customer.
Signature:
Name: Joshua Montgomery
Title:
Date:
E-Signature Confirmation for City of Denison
Page: 3 of 3
CoD - Datrium - 5 Year for City of DenisonQuote # 043747 V1
City Council Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, and give updates on the Waterloo Lake Trail Grant and the Kayak
Rental station located at Waterloo Lake Regional Park.
Staff Contact
Justin Eastwood, Parks and Recreation Director
903-465-2720 extension 2513
Summary
Provide updates on Waterloo Lake Regional Park Trails estimated costs, and sources of
funding.
Provide updates on the newly installed Waterloo Lake Park kayak rental station.
Staff Recommendation
No recommended motion required at this time.
Recommended Motion
No recommended motion required at this time.
Background Information and Analysis
A letter has been received from Texas Parks and Wildlife notifying the city that we can proceed with
the plans for Waterloo Lake Regional Park trails. La Terra Studio has completed the design plans and
cost estimate. The bid packet has been completed and sent to legal for review. Some of the
improvements will consist of concrete trail construction of a 12’wide, approximately 1,500 linear feet
trail, park signage, parking lot improvements, retaining walls and foot bridge enhancements.
A new kayak self-serve station will soon be installed at Waterloo Lake Regional Park near the boat
dock. The kiosk will provide people visiting the lake with three options to choose from: single kayak,
tandem kayak, and stand-up kayak. Each rental includes a kayak, paddle(s) and lifejacket(s). The self-
serve format allows lake visitors to have access to the rentals 7 days a week during regular park hours.
Reservations can be made online, and before the reservation is accepted, users must watch a safety
video and sign a waiver. Upon payment, the user is emailed 2 codes-one to be used when picking up
their equipment, and the other for return. The codes are entered at the self-serve station, opening the
appropriate equipment locker. Reservations will be $10 an hour with a 2-hour minimum.
Financial Considerations
La Terra Studio has stated that the total of base construction cost will be estimated at $270,300.25 with
a 10% contingency of $27,030.03 making the total $297,330.28 for the Waterloo Lake Regional Trail
construction. Section 1, Site preparation and demolition, estimated cost $70,418.50. Section 2, Grading
and hardscape, estimated cost $199,881.75. The City has received a grant from Texas Parks and
Wildlife that required us to commit to 20% of the cost while they commit to the final 80%.
Prior Board or Council Action
No actions previously given or needed at this time.
Alternatives
No actions required at this time