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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,

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Page 1: CITY OF DENISON CITY COUNCIL MEETING AGENDA...CITY OF DENISON CITY COUNCIL MEETING AGENDA Monday, May 4, 2020 Pursuant to section 551.127 of the Texas Government Code, and in conjunction

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,

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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:

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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,

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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.

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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.”

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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;

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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

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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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9

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.

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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.

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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

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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

[email protected]

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

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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

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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]

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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

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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

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Page 4

Exhibit A

Legal Description of the Property

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Page 5

Exhibit B

Depiction of the Property

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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.

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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

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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

[email protected]

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

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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)

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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

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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

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Page 3 of 3

ATTEST:

Christine Wallentine, City Clerk

APPROVED AS TO FORM:

Julie Fort, City Attorney

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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

[email protected]

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

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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)

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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

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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.

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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

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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

[email protected]

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

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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)

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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:

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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.

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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.

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__________________________________________

JANET GOTT, MAYOR

ATTEST:

__________________________________________

Christine Wallentine, City Clerk

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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

[email protected]

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.

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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)

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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:

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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

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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

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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

[email protected]

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.

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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.

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City Council Report Case Number 2020-037Z

Monday, May 4th , 2020

Case Number: 2020-037Z

Zoning: Planed Development

¯

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City Council Report Case Number 2020-037Z

Monday, May 4th , 2020

Zoning Map

Zoning Type: Planned Development

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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

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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:

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Page 3 of 3

Nays:

Abstentions:

At regular meeting held on _________, 2020.

JANET GOTT, MAYOR

ATTEST:

Christine Wallentine, City Clerk

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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

[email protected]

(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.

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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.

Page 54: CITY OF DENISON CITY COUNCIL MEETING AGENDA...CITY OF DENISON CITY COUNCIL MEETING AGENDA Monday, May 4, 2020 Pursuant to section 551.127 of the Texas Government Code, and in conjunction

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 :

Page 55: CITY OF DENISON CITY COUNCIL MEETING AGENDA...CITY OF DENISON CITY COUNCIL MEETING AGENDA Monday, May 4, 2020 Pursuant to section 551.127 of the Texas Government Code, and in conjunction

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

Page 56: CITY OF DENISON CITY COUNCIL MEETING AGENDA...CITY OF DENISON CITY COUNCIL MEETING AGENDA Monday, May 4, 2020 Pursuant to section 551.127 of the Texas Government Code, and in conjunction

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

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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

[email protected]

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

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No actions previously given or needed at this time.

Alternatives

No actions required at this time