CITY OF DENISON CITY COUNCIL MEETING AGENDA...x Owners notified on September 9, 20 20 of public...

CITY OF DENISON

CITY COUNCIL MEETING

AGENDA

Monday, September 21, 2020

After determining that a quorum is present, the City Council of the City of Denison, Texas will

convene in a Regular Meeting on Monday, September 21, 2020 at 6:00 PM in the Council

Chambers at City Hall, 300 W. Main Street, Denison, Texas at which the following items will be

considered:

1. INVOCATION, PLEDGE OF ALLEGIANCE AND TEXAS PLEDGE

2. PUBLIC COMMENTS

Citizens may speak on items listed on the Agenda. A “Request to Speak Card” should be

completed and returned to the City Clerk upon arrival, prior to the Council reaching the Public

Comment section of the agenda. Citizen comments are limited to three (3) minutes, unless

otherwise required by law. Comments related to the Public Hearings listed below, will be

heard when the specific hearing starts.

3. CONSENT AGENDA

Each of these items is recommended by the Staff and approval thereof will be strictly on the

basis of the Staff recommendations or any prior Board or Council action as the case may be

from time to time. Approval of the Consent Agenda authorizes the City Manager to implement

each item in accordance with the Staff recommendations.

Listed below are bids, purchase orders, contracts, and other items to be approved under the

Consent Agenda. This listing is provided on the Consent Agenda to allow Council Members

to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled,

the Consent Agenda Items below will be approved with one motion. If items are pulled for

separate discussion, they may be considered as the first items following approval of the

Consent Agenda.

A. Receive a report, hold a discussion and take action on approving the Minutes from the

regular City Council Meeting held on September 8, 2020.

B. Receive a report, hold a discussion and take action on the appointment of Julia Craze as a

new member to the Parks and Recreation Commission to serve the remainder of an

unexpired two-year term.

C. Receive a report, hold a discussion and take action on an ordinance providing for the

adoption of a Comprehensive Fee Schedule for various goods, services, activities, permits

and licenses for FY2021.

D. Receive a report, hold a discussion and take action on a resolution adopting guidelines for

an amnesty program during the month of October.

E. Receive a report, hold a discussion and take action on a resolution authorizing a collection

fee for certain debts owed to the Municipal Court of the City of Denison and authorizing

the City Manager to execute a contract for delinquent Municipal Court collection services

with the law firm of Linebarger Goggan Blair & Sampson, LLP as special counsel to

perform all legal services necessary to collect unpaid fines, fees and court costs as provided

in Texas Code of Criminal Procedure Article 103.0031.

4. PUBLIC HEARINGS

A. Receive a report, hold a discussion, conduct a public hearing, and take action on an

Ordinance amending the zoning Ordinance, Chapter 28, updating Section 28.48A – RI –

Residential Infill Overlay District.

B. Receive a report, hold a discussion, conduct a public hearing and receive testimony from

the Code Compliance Manager on the unsafe conditions of the posted structure at 925 W.

Baker and take action. After the conclusion of the public hearing, the Council may issue

an order authorized by Chapter 214 of the Texas Local Government Code, including but

not limited to securing the building from entry, or the repair, vacation, removal or

demolition of the structures and may access civil penalties.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Receive a report, hold a discussion and take action on entering into a Professional Services

Agreement with Podolsky Properties, LLC for payment of Consulting services related to

engineering, planning, and other costs related to the development of Podolsky Properties’

118.09 acre site.

6. EXECUTIVE SESSION

Pursuant to Chapter 551, Texas Government Code, the Council reserves the right to convene

in Executive Session(s), from time to time as deemed necessary during this meeting to receive

legal advice from its attorney on any posted agenda item as permitted by law or to discuss the

following:

A. Consult with attorney on a matter in which the attorney's duty to the governmental body

under the Texas Disciplinary Rules of Professional Conduct conflicts with this chapter

and/or consult with attorney about pending or contemplated litigation or contemplated

settlement of the same. Section 551.071

B. Discuss the possible purchase, exchange, lease or sell of value of real property and public

discussion of such would not be in the best interests of the City's bargaining position.

Section 551.072

C. Discuss negotiated gifts or donations to the City and public discussion at this stage would

have a detrimental effect on the City's bargaining position. Section 551.073.

D. Discuss the appointment, employment, evaluation, reassignment of duties, discipline, or

dismissal of or to hear a complaint against a public officer or employee. Section 551.074.

E. Discuss the commercial or financial information received from an existing business or

business prospect with which the City is negotiating for the location or retention of a

facility, or for incentives the City is willing to extend, or financial information submitted

by the same. Section 551.087

F. Discuss the deployment or specific occasions for implementation of security personnel or

devices. Section 551.076

G. Deliberations regarding economic development negotiations pursuant to Section 551.087

Following the closed Executive Session, the Council will reconvene in open and public session

and take any such action as may be desirable or necessary as a result of the closed deliberations.

CERTIFICATION

I do hereby certify that a copy of this Notice of Meeting was posted on the front window of City

Hall readily accessible to the general public at all times, and posted on the City of Denison website

on the 18th day of September 2020, before 6:00 p.m.

______________________________

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.

NOTICE OF A PUBLIC MEETING Notice is hereby given that a meeting of the City Council of the City of Denison will be held on Monday, September 21, 2020, at 6:00 p.m., for the purpose of considering and taking action on all matters on the agenda for the meeting, including approval of an agreement with the law firm of Linebarger Goggan Blair & Sampson, LLP as special counsel to perform all legal services necessary to collect unpaid fines, fees and court costs as provided in Tx Code of Criminal Procedure Art. 103.0031 and authorizing the execution of such agreement.

The agreement to be considered is necessary for the unpaid fines, fees and court costs owed to the City of Denison to be collected in the most effective manner. The City desires that such unpaid fines, fees and court costs be collected as provided in the Texas Code of Criminal Procedure.

The Linebarger Goggan Blair & Sampson, LLP firm is fully qualified to provide this representation, being a law firm specializing in the collection of governmental receivables in the State of Texas, as well as the United States, and having been engaged in this specialized legal service for more than 40 years. In addition, the Linebarger Goggan Blair and Sampson, LLP firm possesses infrastructure and technology, such as call center technology, that the City does not currently possess.

Linebarger Goggan Blair & Sampson, LLP has represented municipalities like the City of Denison, for the past 24 years with competence and professionalism, in the collection of delinquent ad valorem taxes beginning in 1996.

The specialized legal services required by this agreement cannot be adequately performed by the attorneys and supporting personnel of the City due to the high cost of implementing the appropriate infrastructure and technology and employing sufficient in- house attorneys and staff with the level of experience and competence necessary to perform these activities.

Linebarger will be compensated on a contingent fee basis as provided in Tx Code of Criminal Procedure Art. 103.0031. This Article specifically provides for an additional collection fee in the amount of thirty percent (30%) in certain cases to compensate collection attorneys. A contract to pay inside or outside attorneys on an hourly basis would represent an additional cost to the City.

Entering into the proposed agreement is in the best interests of the residents of the City because the unpaid fines, fees and court costs will be professionally and competently collected without the additional costs to the City of implementing infrastructure and technology, and employing in-house personnel or paying outside counsel on an hourly fee basis which would otherwise be required.

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MINUTES OF

CITY COUNCIL MEETING

CITY OF DENISON

TUESDAY, SEPTEMBER 8, 2020

CALL TO ORDER

Announce the presence of a quorum.

Mayor Gott called the meeting to order at 6:00 p.m. City Council Members present were Brian

Hander, Obie Greenleaf, J.C. Doty, Robert Crawley and Kristofor Spiegel. Council Member Teresa

Adams was absent. Staff present were City Manager, Judson Rex, City Attorney, Julie Fort, City

Clerk, Christine Wallentine, and Deputy City Clerk, Fanchon Stearns. Department Directors were

also present.

1. INVOCATION, PLEDGE OF ALLEGIANCE AND TEXAS PLEDGE

Vickie Gaskins, Pastor of Rise to the Time Ministries, gave the Invocation, which was followed

by the Pledge of Allegiance and Texas Pledge led by members of the Denison Boys and Girls

Club, Aleece Robbins, Addisyn Robbins, Ace Johnson, Jaidah Watson, Kaleb Jason, Joshua

Merchant, Ashlee Conrad and Tay-Lynn Kimbrell.

2. PROCLAMATIONS AND PRESENTATION

A. Employee Meritorious Service Award.

Judson Rex, City Manager, presented Officer Jacob Shoemate of the Denison Police

Department with a Meritorious Service Award. Mayor Gott also presented Officer

Shoemate with a Proclamation recognizing his Meritorious Service Award. On July 31,

2020, Denison Dispatch received a 9-1-1 call reporting an unresponsive person. The caller

advised that when they arrived home, they found the victim unconscious on the floor.

Officer Jacob Shoemate arrived on scene and quickly recognized CPR had not been started

and quickly responded to the victim’s aid by rolling them over and beginning CPR,

providing the victim with a combination of chest compressions and breaths. Officer

Shoemate worked tirelessly on the victim until they gasped for air and began breathing on

their own, ultimately saving the victim’s life. Officer Shoemate performed a purposeful,

distinctive and successful lifesaving act for another human being. It is most appropriate that

we recognize this meritorious accomplishment of Officer Shoemate and present him with

the Meritorious Service Award – the highest award the City of Denison bestows upon an

employee.

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3. PUBLIC COMMENTS

Mayor Gott called for any public comments at this time and reminded those wanting to comment

of the guidelines established by the City Council. Mayor Gott then asked City Clerk, Chris

Wallentine, if any Request to Speak Cards were received with regard to any of the agenda items.

Ms. Wallentine confirmed there were no Request to Speak Cards returned to her prior to

reaching the public comments section. Therefore, no public comments were made.

Mayor Gott stated that Council Member Spiegel had a conflict of interest on Item 4F below and

that Item 4F would be pulled from the Consent Agenda and addressed separately after the

Consent Agenda was voted on.

4. CONSENT AGENDA

A. Receive a report, hold a discussion and take action on approving the Minutes from the

Special Called Joint City Council Meeting with Denison Development Alliance held on

August 10, 2020, and the regular City Council Meeting held on August 17, 2020.

B. Receive a report, hold a discussion and take action on re-appointing Brett Evans to the Board

of Directors for the Business and Industrial Corporation of Denison Inc, dba Denison

Development Alliance, for another 3-year term.

C. Receive a report, hold a discussion and take action on authorizing the City Manager to enter

into a professional engineering services agreement with Birkhoff, Hendricks & Carter,

L.L.P., for the complete engineering design and surveying services of a new 0.50 MG

Elevated Water Tower.

D. Receive a report, hold a discussion and take action on a resolution approving a negotiated

settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-

Tex Division, regarding the company’s 2020 Rate Review Mechanism Filing.

E. Receive a report, hold a discussion and take action on the appointment of Bob Dickson as

the Denison Chamber of Commerce Board of Directors Representative on the Convention

and Visitors Bureau Advisory Board.

F. Receive a report, hold a discussion and take action on awarding a bid and entering into a

contract with TexGlobal Contractors Inc. for the construction of the Waterloo Lake

Regional Park Trail enhancement project and authorize the City Manager to execute the

same.

G. Receive a report, hold a discussion and take action on appointing Matthew Looney as Chair

of the Board of Directors for the Business and Industrial Corporation of Denison, Inc., d/b/a

Denison Development Alliance, for a one-year term commencing October 1, 2020.

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Council Action

On motion by Mayor Pro Tem Doty, seconded by Council Member Spiegel, the City

Council unanimously approved Resolution No. 4018, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF DENISON, TEXAS, APPROVING A NEGOTIATED

SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”)

AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE

COMPANY’S 2020 RATE REVIEW MECHANISM FILING; DECLARING EXISTING

RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE

ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING

THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST

AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN

ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND

RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT

REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE

COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES;

DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH

THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A

SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING

DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC’S LEGAL

COUNSEL; and the rest of the Consent Agenda as presented, with the exception of Item

4F, which was pulled from the Consent Agenda and addressed separately.

Council Member Spiegel then left the dais and Council Chambers at 6:12 p.m. Mayor Gott

then facilitated Item 4F separately.

On motion by Council Member Hander, seconded by Council Member Greenleaf, the City

Council unanimously approved awarding a bid and entering into a contract with TexGlobal

Contractors Inc. for the construction of the Waterloo Lake Regional Park Trail enhancement

project and authorized the City Manager to execute the same.

Council Member Spiegel then returned to Council Chambers and the dais at 6:14 p.m.

5. PUBLIC HEARINGS

A. Receive a report, hold a discussion, conduct a public hearing, and take action on a

Substantial Amendment to the Community Development Block Grant 2019 Annual Action

Plan to allocate $173,668.00 of Community Development Block Grant Program –

Coronavirus Response funds (CDBG-CV) to be used to prevent, prepare for, and respond

to COVID-19.

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Council Action

Judson Rex, City Manager, stated that as a CDBG entitlement community, the City of

Denison has been granted access to $173,668.00 through the Community Development

Block Grant Program – Coronavirus Response Funds, which is sort of a subset of the

CARES Act that was passed back in March. This money is basically made available to the

City to help the overall community with the response to Coronavirus and the COVID-19

pandemic. In order to access these funds, we have to amend our current CDBG 2019 Annual

Action Plan. So, the proposal before Council tonight is to hold a public hearing and then

allocate these funds into two categories. The first is for public services. Ninety-percent of

the funds would go toward public services which will allow us to provide financial

assistance to establish, stabilize and expand various organizations in the community that

provide education, medical, food delivery, cleaning and other services to support health care

and child care. Really, what we are eyeing here is an opportunity to help some of our local

nonprofits and organizations receive these funds as they try to adapt to the pandemic and

the changing conditions around us. This is where the bulk of the funds would go. The

remainder of the funds would be allocated to planning and administrative costs. Basically,

to help us recoup the cost of administering the program and help get the money out to

various nonprofits. Staff has had some conversations with a number of organizations in the

city that we are looking to assist with these funds, including the Boys and Girls Club to

provide some technology to them for remote learning opportunities for their kids. We are

open to other opportunities as well. The first action is to allocate it and make it a part of our

plan. We can then move forward and start allocating the funds. This is another opportunity

to help the community out and we are looking forward to that. Staff is recommending

holding a public hearing and then approving the amendment to the Annual Action Plan. The

CDBG Steering Committee recommended approval at their meeting on August 27, 2020.

Mayor Gott then asked if there was anyone present who wished to speak to this agenda item,

to which there were none. With that, the Mayor closed the public hearing.

There was no discussion or questions from Council.

On motion by Council Member Crawley, seconded by Council Member Spiegel, the City

Council unanimously approved a Substantial Amendment to the Community Development

Block Grant 2019 Annual Action Plan to allocate $173,668.00 of Community Development

Block Grant Program – Coronavirus Response funds (CDBG-CV) to be used to prevent,

prepare for, and respond to COVID-19.

B. Receive a report, hold a discussion, and take action on an ordinance changing the zoning of

Block 13, Lots 1, 2, 3, 4, and 5, Original Town Plat, Denison Texas, from Light Industrial

to Single Family-5. (Case No. 2020-080Z)

Council Action

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Bill Medina, Planner, stated that the applicant was requesting a zoning change from Light

Industrial to Single Family 5. The 2018 Comprehensive Plan shows this area to be

developed as a residential neighborhood. The Planning and Zoning Commission

recommended approval at heir meeting on August 25, 2020. Mr. Medina then showed slides

of the property which included a survey, an aerial photo and a zoning map. The property

consists of 5 lots that are currently vacant. The developer recently purchased the property

and in order for them to move forward with constructing five new infill homes, the zoning

needs to be cleaned up. Mr. Medina went on to say that this property is in another pocket

of Denison where the zoning in this part of town, just north of Main and east of Austin has

challenging pre-existing zoning whether it is local retail, commercial or light industrial,

even though the rest of the neighborhood is primarily been developed as single family

residential, as you can see to the north and west. Staff recommends approval and that

Council hold a public hearing.

Mayor Gott then asked if there was anyone present who wished to speak to this agenda item,

to which there were none. With that, the Mayor closed the public hearing.


On motion by Mayor Pro Tem Doty, seconded by Council Member Hander, the City

Council unanimously approved Ordinance No. 5075, “AN ORDINANCE OF THE CITY

OF DENISON, TEXAS, AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES

OF THE CITY, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE

OF THE CITY OF DENISON, AND AMENDING THE OFFICIAL ZONING MAP OF

THE CITY BY CHANGING THE ZONING CLASSIFICATION ON A CERTAIN

TRACT OF LAND LEGALLY DESCRIBED AS OTP DENISON BLOCK 13, LOTS 1, 2,

3, 4 AND 5, CITY OF DENISON, TEXAS SHOWN BY DEED NUMBER 2020-15399 IN

THE PROPERTY RECORDS OF GRAYSON COUNTY, TEXAS AND COMMONLY

REFERRED TO AS 212 E WALKER ST, 206 E WALKER ST, AND 200 E WALKER

ST, DENISON TEXAS 75021, FROM ITS ZONING DISTRICT CLASSIFICATION OF

LIGHT INDUSTRIAL TO SINGLE-FAMILY 5 DISTRICT; PROVIDING THAT SUCH

TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE

REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL

OTHER APPLICABLE ORDINANCES OF THE CITY; PROVIDING THAT THE

ZONING MAP SHALL REFLECT THE SINGLE-FAMILY 5 DISTRICT FOR THE

PROPERTY; PROVIDING A PENALTY; PROVIDING REPEALING, SEVERABILITY,

AND SAVINGS CLAUSES; PROVIDING FOR PUBLICATION AND AN EFFECTIVE

DATE.”

C. Receive a report, hold a discussion, conduct a public hearing, and take action on and

Ordinance changing the zoning of 2020 S Scullin Avenue Denison, Texas 75020, from

Single Family-5 to Local Retail. (Case No. 2020-74Z)

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Council Action

Bill Medina, Planner, stated that the applicant is requesting a zoning change from Single

Family 5 to Local Retail. The 2018 Comprehensive Plan shows this area is to be developed

as a Neighborhood with some light retail or light uses as appropriate. The Planning and

Zoning Commission recommended approval at their August 11, 2020 meeting. Mr. Medina

then showed slides of the property which included a survey, an aerial photo and a zoning

map. This property is the old Salvation Army Boys and Girls Club. The applicant recently

purchased the property and would like to relocate their childcare facility to this location.

Mr. Medina stated that staff is not sure why this was ever zoned Single Family 5, but they

are working on cleaning spots like this up. The facility is already outfitted for a childcare

use. There is an outdoor track and field and there is plenty of open space. There is adequate

parking and access. The applicant has conducted quite a bit of work already. Mr. Medina

then showed some pictures of the work the applicant has completed inside the facility. The

applicant has cleaned up the inside, polished the floors, done miscellaneous repairs to the

inside including the windows and walls. Staff recommends approval and that Council hold

a public hearing.

Mayor Gott then asked if there was anyone else present who wished to speak to this agenda

item, to which there were none. With that, the Mayor closed the public hearing.

Mayor Pro Tem Doty stated that he appreciated the applicant doing this as this facility really

needs to have something in it. For it to have sat vacant this long is not good at all. So,

Mayor Pro Tem Doty stated he really appreciated the applicant taking this on because it is

a big project. Council Member Spiegel added that it looked great.

There was no further discussion or questions from Council.

On motion by Council Member Crawley, seconded by Council Member Greenleaf, the City

Council unanimously approved Resolution No. 5076,”AN ORDINANCE OF THE CITY

OF DENISON, TEXAS, AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES

OF THE CITY, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE

OF THE CITY OF DENISON, AND AMENDING THE OFFICIAL ZONING MAP OF

THE CITY BY CHANGING THE ZONING CLASSIFICATION ON A CERTAIN

TRACT OF LAND LEGALLY DESCRIBED AS VINITA ADDN, ALL OR PARTS OF

BLOCKS 1, 9, 10 & 11, DENISON BOYS CLUB 87, CITY OF DENISON, TEXAS

SHOWN BY DEED NUMBER 2020-1700 IN THE PROPERTY RECORDS OF

GRAYSON COUNTY, TEXAS AND COMMONLY REFERRED TO AS 2020 S

SCULLIN, DENISON TEXAS 75020, FROM ITS ZONING DISTRICT

CLASSIFICATION OF SINGLE FAMILY-5 TO LOCAL RETAIL DISTRICT;

PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE

WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE

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AND ALL OTHER APPLICABLE ORDINANCES OF THE CITY; PROVIDING THAT

THE ZONING MAP SHALL REFLECT THE LOCAL RETAIL DISTRICT FOR THE

PROPERTY; PROVIDING A PENALTY; PROVIDING REPEALING, SEVERABILITY,

AND SAVINGS CLAUSES; PROVIDING FOR PUBLICATION AND AN EFFECTIVE

DATE.”

D. Receive a report, hold a discussion, conduct a public hearing and receive testimony from

the Code Compliance Manager on the unsafe condition of the posted structure at 608 W.

Florence and take action. After the conclusion of the public hearing, the Council may issue

an order authorized by Chapter 214 of the Texas Local Government Code, including but not

limited to securing the building from entry, or the repair, vacation, removal or demolition

of the structures and may assess civil penalties.

Council Action

Robert Lay, Code Compliance Manager, reported that on August 20, 2020, Margaret

Thomas, the Estate of R.J. Harvey, Jackie Marie Keaton and the current occupants were

given notice of violation and to repair or demolish the structure at 608 W. Florence. The

owners have failed to comply with the notice. The structure is unsafe in accordance with

Chapter 13, Article 7, Section 13-154(h), (l) and (o) of the Denison Code of Ordinances.

Code Compliance officers have documented 26 code violations and documented 16

complaints at this residence since 2017. Denison Police have responded to 32 calls at this

residence since 2018. Types of calls at this residence include overdoses, theft, fighting and

other disturbances. On July 23, 2020, an Administrative Search Warrant was executed to

assess the condition of interior and exterior of the structure. Code Compliance Officers, the

Fire Marshal and the Building Official were all involved in the search warrant. The search

warrant was obtained in response to a police officer who responded to a call at this location

and alerted Code Compliance to the conditions in which the occupants were living. The

structure does not meet minimum property standards as outlined in the City Ordinance due

to the dilapidated exterior structure. Among the violations found were people living in an

accessory building on the property, a large accumulation of rubbish and open storage

throughout the property. Mr. Lay then showed pictures of the property which showed the

various violations and filth and unsanitary conditions. On the interior of the property there

were many violations found, including exposed wiring throughout the structure, creating

numerous fire hazards. The residents are living in the residence with no water service. The

water meter was pulled in June due to a complaint we had about a leak. It was determined

that the residence was discharging raw waste onto the neighboring property. The search

warrant also revealed where the waste was going underneath the house, creating multiple

health hazards. The Denison Fire Department determined that it is unsafe to enter the

property if there is ever a fire at the residence. The tax appraised value of the structure in

2020 was $50,864.00. The taxes currently owed equal $1,643.68 and have not been paid

since 2015. The structure is a nuisance in the neighborhood, it is a fire hazard and a health

hazard for the occupants and is not fit to be occupied. A record of the violations, notices

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and unsafe conditions of the structure are on file in the Code Compliance Department. Staff

is requesting Council to declare the structure unsafe, order the structure vacated and order

its removal.

Mayor Gott asked Mr. Lay if there was a cat in one of the pictures and if there were animals

living in the house. Mr. Lay confirmed there were animals living in the house.




On motion by Council Member Crawley, seconded by Mayor Pro Tem Doty, the City

Council unanimously approved declaring the structure at 608 W. Florence a nuisance and

unsafe, to order any occupants to vacate and for demolition of the structure, and authorized

staff to proceed with the demolition process.

E. Receive a report, hold a discussion, conduct a public hearing and receive testimony from


Chase and take action. After the conclusion of the public hearing, the Council may issue an

order authorized by Chapter 214 of the Texas Local Government, including but not limited

to securing the building from entry, or the repair, vacation, removal or demolition of the

structures and may assess civil penalties.

Council Action

Robert Lay, Code Compliance Manager, reported that on August 20, 2020, Wanda Odom,

James Odom, Midland Funding, LLC, Internal Legal, Tommy Shires and W.R. Starkey

Mortgage LLP were given notice of violation and to repair or demolish the secondary

residential structure located at 927 W. Chase. The owners/interested parties have failed to

comply with the notice. The structure is unsafe in accordance with Chapter 13, Article 7,

Section 13-154(h) and (n) of the Denison Code of Ordinances. This property was worked

for minimum property standards earlier this year. The owner, in response to this, asked the

City if we could demolish. It did qualify for the demolition program. However, once we

did a title search it was determined that it would require several parties to sign off on consent

for the demolition. So, we decided to notice the public hearing to get a demolition order

instead. Again, the owner does understand what is going on and did consent originally. The

appraised value of the improvement is $1,366.00 in 2020. The taxes are current. There has

not been any water service at this structure since August 12, 2015. There is a main structure

on this property that the property owners live in. This is just a secondary structure on the

property that existed and has just not been maintained. Mr. Lay then showed pictures of the

structure which showed the unsafe conditions. The structure is a nuisance in the

neighborhood. The structure is not weather tight. A record of the violations, notices and

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unsafe condition of the property is on file in the Code Compliance Department. Staff is

requesting Council to declare the secondary structure unsafe and order its removal.




On motion by Council Member Hander, seconded by Council Member Greenleaf, the City

Council unanimously approved declaring the secondary structure at 927 W. Chase a

nuisance and unsafe, for demolition of the structure, and authorized staff to proceed with

the demolition process.

F. Receive a report, hold a discussion, conduct a public hearing and receive testimony from


Walker and take action. After the conclusion of the public hearing, the Council may issue

an order authorized by Chapter 214 of the Texas Local Government, including but not

limited to securing the building from entry, or the repair, vacation, removal or demolition

of the structures and may assess civil penalties.

Council Action

Robert Lay, Code Compliance Manager, reported that on August 20, 2020, Michael Smith,

Michael Smith, Sr., Reba Pogue Smith and Collins Asset Group were given notice of

violation and to repair or demolish the structure at 1716 W. Walker. The owners/interested

parties have failed to comply with the notice. The structure is unsafe in accordance with

Chapter 13, Article 7, Section 13-154(b) and (h) of the Denison Code of Ordinances. This

house was partially destroyed by a fire on March 13, 2020. Mr. Lay then showed pictures

of the structure evidencing its poor, unsafe conditions. The assessed value of the property

in 2020 is $30,245.00. The past due taxes owed total $2,022.48 and have not been paid

since 2012. The structure is a nuisance in the neighborhood and a catastrophe because of

the fire. A record of the violations, notices and unsafe conditions of the property are on file

in the Code Compliance Department. Staff is requesting Council to declare the structure

unsafe and order its removal.




On motion by Mayor Pro Tem Doty, seconded by Council Member Spiegel, the City

Council unanimously approved declaring the structure at 1716 W. Walker a nuisance and

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unsafe, for demolition of the structure, and authorized staff to proceed with the demolition

process.

G. Receive a report, hold a discussion, conduct a Public Hearing and take action on an

ordinance adopting the City of Denison budget for the fiscal year beginning October 1, 2020

and ending on September 30, 2021, and appropriating the funds for the various funds and

purposes of such budget.

Council Action

Renee Waggoner, Finance and Administrative Services Director, stated we were here this

evening to hold a public hearing on the budget and to hopefully pass an ordinance adopting

the FY2021 budget. Truth in Taxation Rules and Local Government Code mandate a

governmental unit publish the proposed budget and hold a public hearing. As you know,

staff has held ongoing meetings since March of this year and we held a workshop in June

of this year with Council and staff. Presentations have been made at prior Council meetings.

The City Manager has met with staff individually and set priorities and brought those to

Council. The proposed FY2021 Budget has been posted on the City’s website since August

7 for review and updated as needed and been in the City Clerk’s office since this same time.

The proposed FY2021 Budget that is currently before you tonight, which is also on the

City’s website, is updated with any changes that have occurred since March. The public

hearing, adoption of the budget and approval of the ordinance are set for this evening here

at City hall at 6:00 p.m. here in the Council Chambers at 300 W. Main, Denison, TX. Staff

recommends holding the public hearing and funding the projects and program

enhancements identified in the proposed budget and approving the FY2021 Budget and

ordinance as presented.




Council Member Greenleaf moved to adopt the FY20212 Budget as presented, which was

seconded by Council Member Spiegel. Mayor Gott then directed the City Clerk to conduct

a roll call vote. A roll call vote was conducted by Christine Wallentine, City Clerk, with

the results as follows:

Council Member Hander Yes

Council Member Adams Absent

Council Member Greenleaf Yes

Mayor Gott Yes

Mayor Pro Tem Doty Yes

Council Member Crawley Yes

11

Council Member Spiegel Yes

After a tally of the roll call vote, the City Council unanimously approved Ordinance No.

5073, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENISON,

TEXAS, ADOPTING THE BUDGET FOR THE CITY OF DENISON FOR THE FISCAL

YEAR BEGINNING OCTOBER 1, 2020; AND ENDING ON SEPTEMBER 30, 2021

FOR THE CITY OF DENISON; AND APPROPRIATING FUNDS FOR THE VARIOUS

FUNDS AND PURPOSES OF SUCH BUDGET; PROVIDING FOR SAVINGS,

REPEALING AND SEVERABILITY CLAUSES; PROVIDING AN EFFECTIVE DATE;

AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS

ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

H. Receive a report, hold a discussion, conduct a Public Hearing and take action on an

ordinance approving the assessment roll of certification estimates by the Board of Review

of the Grayson Appraisal District in the amount of $1,589,017,425; levying the ad valorem

taxes of the City of Denison, Texas on all property, both personal and real, in the City of

Denison for the year 2020 in the amount of $0.652034 for each one hundred dollars of

assessed valuation, and providing for the apportionment of such ad valorem taxes.

Council Action

Renee Waggoner, Finance and Administrative Services Director, stated that before she

began this item, Judson Rex, City Manager, wanted to discuss some budget items that this

tax rate would support. So, Ms. Waggoner wanted to go back to these slides and give Mr.

Rex an opportunity to talk a little bit more about the budget and what is in it that this tax

rate will help support within that budget.

Judson Rex, City Manager, thanked Ms. Waggoner and her staff for all of their help during

the whole budget process. There is a lot of work that goes on behind the scenes, so Mr. Rex

wanted to thank Ms. Waggoner and her staff for all of their work. Mr. Rex then briefly went

over some of the things included in the budget and touch on some of the priorities that are

included. Mr. Rex then reminded Council of the FY2021 priorities. This changed a little

bit through the pandemic as we wanted to make sure we positioned ourselves well to be

prepared and resilient through the pandemic and ready for whatever might come at us. We

seem to have faired pretty well so far and have seen some healthy revenues come in during

the pandemic despite business closures and other difficulties as well. Mr. Rex stated he

appreciated staff and Council helping guide our way through this. Mr. Rex then wanted to

remind Council of some of the organizational changes that have been made. A slight title

change to the Director of Communications & Engagement. This was previously the

Director of Community Engagement. This person will also oversee our Convention and

Visitor’s Bureau and marketing and tourism efforts as well. It is a vacant position we are

recruiting for right now and have received a really good response with our recruitment so

far. Mr. Rex also mentioned the creation of an Assistant City Manager position from two

12

existing leadership positions in Public Works and Development Services. We have retained

Strategic Government Resources to help us recruit for this position as well and it is out on

the street now. So, we look forward to a good response to this recruitment effort. We have

changed the title of our Code Compliance and Animal Services Manager position to

Neighborhood Services Manager. This title better reflects what this position is responsible

for and accompanies our goal to achieve a quality of life enhancement in our established

neighborhoods as well. There are also 3 new position in the budget as well: Animal

Services Officer, Code Compliance Officer and Communication Specialist (Dispatcher).

Mr. Rex thanked the Council and staff again for their guidance and work on the budget. Mr.

Rex stated he was glad we were able to keep our tax rate the same for this next year.




Council Member Crawley moved to approve the assessment roll of certification estimates

by the Board of Review of the Grayson Appraisal District in the amount of $1,589,017,425;

levying the ad valorem taxes of the City of Denison, Texas on all property, both personal

and real, in the City of Denison for the year 2020 in the amount of $0.652034 for each one

hundred dollars of assessed valuation, and providing for the apportionment of such ad

valorem taxes, which was seconded by Council Member Hander. Mayor Gott then directed

the City Clerk to conduct a roll call vote. A roll call vote was conducted by Christine

Wallentine, City Clerk, with the results as follows:

Council Member Hander Yes

Council Member Adams Absent

Council Member Greenleaf Yes

Mayor Gott Yes

Mayor Pro Tem Doty Yes

Council Member Crawley Yes

Council Member Spiegel Yes

After a tally of the roll call vote, the City Council unanimously approved Ordinance No.

5074, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENISON,

TEXAS, APPROVING THE ASSESSMENT ROLL AS ESTIMATED BY THE BOARD

OF REVIEW OF THE GRAYSON APPRAISAL DISTRICT IN THE AMOUNT OF ONE

BILLION, FIVE HUNDRED EIGHTY NINE MILLION, SEVENTEEN THOUSAND,

FOUR HUNDRED TWENTY FIVE DOLLARS ($1,589,017,425), LEVYING THE AD

VALOREM TAXES OF THE CITY OF DENISON, TEXAS, ON ALL PROPERTY,

BOTH PERSONAL AND REAL, IN THE CITY OF DENISON, FOR THE YEAR 2020;

AND PROVIDING FOR THE APPORTIONMENT OF SUCH AD VALOREM TAXES;

PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;

13

PROVIDING AN EFFECTIVE DATE; AND FINDING AND DETERMINING THAT

THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE

PUBLIC AS REQUIRED BY LAW.”

Mayor Gott, on behalf of herself and the entire Council, thanked Ms. Waggoner and her

staff for all their work this year. Mayor Gott stated she knows this was a difficult year with

all of the new rules. Mayor Gott stated that Ms. Waggoner made her way through it and

helped the Council and staff to understand it, which was a major accomplishment. Mayor

Gott again thanked Ms. Waggoner and her staff for all that they do. They make it look easy

when we all know it is not.

6. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Receive a report, hold a discussion and take action to ratify the property tax increase

reflected in the FY2021 Budget.

Council Action

Renee Waggoner, Finance and Administrative Services Director, stated this item is required

if the City is adopting a budget that requires more property tax revenue then last year,

Council must also vote separately to ratify the property tax increase reflected in the budget.

Ms. Waggoner reminded Council that a majority of these taxes are on new development,

which we are excited about, but because this increases our taxes in our budget or the revenue

from that, we have to request that Council ratify the tax increase reflected in the budget.


On motion by Council Member Greenleaf, seconded by Council Member Hander, the City

Council unanimously ratified the property tax increase reflected in the FY2021 Budget

B. Receive a report, hold a discussion and take action on the proposed Denison Development

Alliance FY2021 Budget.

Council Action

Renee Waggoner, Finance and Administration Services Director, reminded Council that

every year the Denison Development Alliance Board of Directors meet approve a presented

budget for Council to approve as well, which Tony Kaai, President of Denison Development

Alliance, brings to you. Ms. Waggoner then introduced Mr. Kaai.

Mr. Kaai came forward and stated this was the 20th year he has made this presentation to

Council. Mr. Kaai said on behalf of the DDA staff, and personally from him, it is an honor

and privilege to serve this Council and the citizens of Denison for all of these years. It

14

means a lot to be able to work in this City and with the professional staff and all the City

employees DDA works with daily on projects that are happening this community. Mr. Kaai

then discussed the DDA budget. Typically, Mr. Kaai just hits the high spots. We are

estimating a 2% increase in our sales tax. Mr. Kaai then pointed out the Floor Stone lease.

When we built this Floor Stone building, we did a 20-year amortization schedule and did a

lease purchase with Floor Stone. A member of the DDA Board at the time recommended

paying this off within 15 years. That was 15 years ago. So, the net per difference in paying

this off is $400,000 per year over the next five years. Moving on, Mr. Kaai pointed out

computer expenses in the budget for upgrading hardware and software. We are going to

replace all of our computers and bring them up to date. Additionally, the copy machine is

10 years old. There is a line item for copier maintenance which includes a new copy

machine. Mr. Kaai stated there is a lot of money in the budget this year for estimated one-

time expenses. This is where we list all of our incentives that are outstanding. The work

they have been doing on Main Street and how much they plan to invest this year, a minimum

of $335,000 on facades. There is also the fire suppression incentive to share the cost on

installing sprinkler systems on Main Street because this is important. The last item Mr.

Kaai discussed was the Johns-Manville property and the cost to purchase this property and

then hopefully renovate it and redevelop it. So, there are some pretty big numbers in this

section of DDA’s budget. Mr. Kaai stated he knows everyone is aware of this as we all

worked on this together. Outside of these items, marketing expenses are basically the

same. The big budget item that DDA put in place this past year because of COVID, was to

help our small businesses on Main Street. So, DDA launched this eCommerce Program that

William has been administering, which will be a state award winner for its creative layout

and how it is helping small businesses become proficient in eCommerce.


On motion by Council Member Hander, seconded by Mayor Pro Tem Doty, the City

Council unanimously approved the proposed Denison Development Alliance FY2021

Budget.

Mayor Gott commented that on behalf of the City Council, we are blessed that we have a

team in Denison that shares the same vision that Denison will become the community of

choice, and we are sure glad that the DDA team are a part of building the quality of life in

this city that is going to make people choose us. Mayor Gott thanked Mr. Kaai for all that

he and his team do.

7. PROJECT UPDATES

A. Provide an update on development of the FY2021 Park Trail and Master Plan.

Council Action

15

Justin Eastwood, Parks and Recreation Director, provided an update on the FY2021 Park

Trail Master Plan. Mr. Eastwood stated today’s focus was going to be on origination of the

steering committee. Mr. Eastwood went over the Denison Parks and Recreation Mission

Statement because everything they do ties into this statement. Mr. Eastwood then shifted

to the park trail and master plan. A system-wide park master plan is a comprehensive

document and process that includes an internal assessment, community engagement,

resources and data collection, and development of an implementation plan. Grounding our

process and final master plan on the multi-benefits that parks bring to communities will

ensure we are positively impacting our city. It will also help gain support from multisector

partners and stakeholders and demonstrate that parks are a vital community infrastructure.

The cornerstones are health, economic impact and tourism, active transportation and natural

sustainability. Mr. Eastwood then explained about the creation of a steering committee.

The steering committee is a beneficial mechanism for ensuring partners and community

members have a way to regularly provide input into the process. This committee should

represent different perspectives of the community and should communicate many interests.

Committees can help bring new ideas to the table and make certain many different interests

are represented. A similar process utilizing a steering committee would be the City’s

Comprehensive Plan created in 2018. We would also look at the ETJ and other

transportation type plans. The committee formation will be made up of 12 to 15

representatives. Citizens would have different backgrounds of sorts such as outdoor

recreation, sport, wellness, nature and students. The committee would also include

members of the City Council, Parks and Recreation Commission, Planning and Zoning

Commission and community partners such as Texoma Health Foundation. The committee

would also include City staff, who would lead this process. These include staff members

from Parks and Recreation, City Manager, Public Works, Planning, Tourism and Public

Safety. The general timeline would involve formation of the steering committee. There

would then be a strategic kickoff meeting in late September. Staff would then draft the

scope of an RFP. In October/November, we would interview respondents of the RFP with

the committee and then sometime in November select a consultant. At that time, we would

negotiate a contract with the consultant. This would then go before the Parks and Recreation

Commission for approval sometime in late November/early December, and then to the City

Council for approval in December. Finally, in early 2021 we would be looking to kick off

the planning.

Council Member Spiegel stated he was excited to start this process. Mayor Gott added that

this master trail plan is the envy of everyone in North Texas and thanked Mr. Eastwood for

the presentation. The Council is all very excited to see this process begin.


No action taken. Informational presentation only.

8. EXECUTIVE SESSION

16

The Council then adjourned into Executive Session at 7:02 p.m. pursuant the Chapter 551,

Texas Government Code, in accordance with the Authority:

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

1. Consultation with City Attorney regarding administrative complaint styled T.G. and

M.G. a/n/f J.G. v. Denison Independent School District



Section 551.072



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.

1. Receive update related to complaint filed by M.G. relating to school resource officer(s).


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




RECONVENE INTO REGULAR SESSION

The Council then reconvened into Regular Session at 7:21 p.m. and took the following action:

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

1. Consultation with City Attorney regarding administrative complaint styled T.G. and

M.G. a/n/f J.G. v. Denison Independent School District

17

Council Action

No action taken.



Section 551.072



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.

1. Receive update related to complaint filed by M.G. relating to school resource officer(s).

Council Action

No action taken.


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




There being no further business to come before the Council, the meeting adjourned at 7:21 p.m.

____________________________________

JANET GOTT, Mayor

Attest:

_______________________________


City Council Meeting

Staff Report

Agenda Item

Receive a report, hold a discussion and take action on the appointment of Julia Craze as a new member

to the Parks and Recreation Commission to serve the remainder of an unexpired two-year term.

Staff Contact

Justin Eastwood

[email protected]

903-465-2720

Summary

The Parks and Recreation Commission has a vacant seat that needs to be filled.

Staff has received an application from Denison resident Julia Craze, whom staff thinks would

be an asset to the Commission.

Staff Recommendation

Staff recommends approval of the appointment of Julia Craze to the Parks and Recreation Commission.

Recommended Motion

“I move to approve the appointment of Julia Craze as a new member to the Parks and Recreation

Commission to serve the remainder of an unexpired two-year term.”

Background Information and Analysis

The Parks and Recreation Commission consists of 5 members, all of which are required to be citizens

of the City of Denison. The Parks and Recreation Commission acts in an advisory capacity to the City

Council. On April 30, 2020, the Commission had a member whose term expired and who did not wish

to be reappointed and has left a vacancy which needs to be filled. Staff has received an application

from Denison resident Julia Craze, whom staff thinks would be an asset to the Commission.

Financial Considerations

Staff has no financial considerations required at this time.

Prior Board or Council Action

Staff has no prior Board or Council actions required at this time.

Alternatives

City Council members may table, deny, or suggest a different individual.


Staff Report

Agenda Item

Receive a report, hold a discussion and take action on an ordinance providing for the adoption of a

Comprehensive Fee Schedule for various goods, services, activities, permits and licenses for FY2021.

Staff Contact

Judson Rex, City Manager

[email protected]

(903) 464-4440

Summary

The City Council has previous adopted by ordinance or resolution fees for goods, services,

activities, permits and licenses provided by the various departments within the City of Denison.

The proposed fees are reasonable and consistent with the actual costs to the City for providing

such services.

The proposed fee schedule represents the fees for such services for FY2021, to begin October 1,

2020.


Staff recommends approval of the ordinance adopting the fee schedule.

Recommended Motion

“I move to approve the ordinance providing for the adoption of a Comprehensive Fee Schedule for

various goods, services, activities, permits and licenses for FY2021.”


The City Council has previous adopted by ordinance or resolution fees for goods, services, activities,

permits and licenses provided by the various departments within the City of Denison. The proposed fees

are reasonable and consistent with the actual costs to the City for providing such services. The City’s

Comprehensive Fee Schedule needs to be updated annually to establish fees for certain types of services

and applications. The proposed fee schedule represents the fees for such services for FY2021, to begin

October 1, 2020.


None.


The Comprehensive Fee Schedule is approved annually prior to the new budget year.

Alternatives

Council could modify the ordinance, deny the ordinance or table the item.

Ord. Adopting Comprehensive Fee Schedule Page 1 of 3

ORDINANCE NO. __________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

DENISON, TEXAS, PROVIDING FOR THE ADOPTION OF A

COMPREHENSIVE FEE SCHEDULE FOR VARIOUS GOODS,

SERVICES, ACTIVITIES, PERMITS AND LICENSES;

PROVIDING A SEVERABILITY CLAUSE; PROVIDING A

SAVINGS/REPEALING CLAUSE; AND PROVIDING AN

EFFECTIVE DATE.

WHEREAS, the City Council of the City of Denison (the “City Council”) has

previously adopted by ordinance or resolution various fees for goods, services, activities,

permits and licenses provided by the City of Denison (the “City”); and

WHEREAS, the City Council finds that the fees for such goods, services,

activities, permits and licenses are reasonable and consistent with the actual costs to the

City for providing such services; and

WHEREAS, the City’s Comprehensive Fee Schedule needs to be updated to

establish fees for certain types of services and applications; and

WHEREAS, the City Council wishes to adopt the attached Comprehensive Fee

Schedule and wishes to repeal all ordinances or portions thereof in conflict with this

Ordinance.

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 as if

fully set forth herein.

Section 2: Comprehensive Fee Schedule Adopted. The comprehensive schedule of

services, attached hereto as Exhibit “1” and incorporated herein as though fully set forth

herein, is hereby adopted as the schedule of fees associated and assigned to the various

goods, services, activities, permits and licenses enumerated therein. Such fees shall be

applicable within the City until repealed or amended by ordinance of the City Council.

Section 3: Severability Clause. Should any section, subsection, sentence, clause or

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, 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 4: Savings/Repealing Clause. 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: Effective Date. This Ordinance shall become effective for all such services

on October 1, 2020.

Section 6. Open Meetings. 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 Baecht, seconded by Council Member Spiegel, the above

and foregoing Ordinance was passed and approved on this the 21st day of September

2020, by the following vote:

Ayes:

Nays:

Abstentions:

Absent:

At regular meeting, September 21, 2020.

____________________________________

JANET GOTT, MAYOR

ATTEST:

________________________________


APPROVED AS TO FORM:

________________________________

Julie Fort, City Attorney


EXHIBIT “1”

Comprehensive Fee Schedule

CITY OF DENISON

FY2021 COMPREHENSIVE SCHEDULE OF FEES

Laboratory

A. Analytical Testing Services

BOD $ 32.00

cBOD $ 33.00

TSS/MLSS/TS $ 16.00

Total Coliform P/A $ 21.00

E coli MPN $ 25.00

Fecal Coliform $ 31.00

Ammonia $ 8.00

pH $ 9.50

COD $ 21.00

DO $ 10.00

Chlorides $ 20.00

Chlorine Residual $ 7.50

Total Hardness $ 20.00

Iron $ 20.00

Sulfates $ 22.00

Fluoride $ 22.00

Minerals $ 122.00

Minerals plus BacT $ 140.00

Turbidity $ 15.00

FOG $ 50.00

Alkalinity $ 20.00

Accredited Analysis Price

Non-accredited Analysis Price

Request for analyses on weekends and holidays or requests for expedited

results will include a 50% upcharge.

CITY OF DENISON

FY 2021 COMPREHENSIVE SCHEDULE OF FEES

AMOUNT PER UNIT

PUBLIC WORKS DEPARTMENT

Description Monthly Charge

Standard Residential $ 25.33 + 2.09 = 27.42

Residential Carry-out 37.23 + 3.07 = 40.30

Handicapped Carry-out 25.33 + 2.09 = 27.42

Description Monthly Charge

Customer-owned roll-on/roll-off $21.68

(per yard per pickup)

City-owned roll-on/roll-off 24.47

(per yard per pickup)

Three yard container, minimum pickup:

1 time per week 92.79 + 7.66 = 100.45

2 times per week 185.58 + 15.31 = 200.89

3 times per week 278.37 + 22.97 = 301.34

4 times per week 371.16 + 30.62 = 401.78

5 times per week 463.95 + 38.28 = 502.23

6 times per week 556.74 + 45.93 = 602.67

Description Charge

20 yard dumpster 24.47 x 20 = 489.40 + 40.38 = 529.78

30 yard dumpster 24.47 x 30 = 734.10 + 60.56 = 794.66

20 yard dumpster (shingles) 30.00 X20=600.00 +49.50=649.50

Share a dumpster 40.07 + 3.31 = 43.38

Commercial/Bags 40.07 + 3.31 = 43.38

Customers outside the City limits 2 times the rate for inside the City

Forced Special Pick-up (lumber, furniture, white goods, etc.) $30.00 per cubic yard

Removal of Food from Refrigerators $20.00

Removal of Freon $10.00 per unit

Special Brush and Limb (requested service beyond brush and limb schedule) $5.40 per cubic yard

Dumpster Cleaning

Compactor $80.50

3 yd. container $41.50

Change in container pick-up schedule $41.50

Each additional 3 yd. container pick-up $33.70

Sale of wood chips

Residential customer no charge

Non-residents $.50 per cubic yard

Open Tops

More than 30 days between pulls $100.00

Relocation $50.00

Overweight dumpsters (over 11 tons) $100 per ton

Underweight dumpsters (under 2 tons) $100 deduction

Plastic Bag Sales

each additional roll $10.50 roll

Collection Station $5.00 per cubic yard junk

$3.00 per cubic yard brush & limb

$10.00 removal of freon

100.00$

250.00$

100.00$

100.00$

28.00$

No charge

$20.00/yr

3% of proj. value

45.00$

50.00$

PROPOSED - FY 2021

Public Right of Way Use

A. Network Nodes

Application fee (for each network nde up to but not more than 30)

Annual Public Right-of-Way Fee (per network node installed)

B. Node Support Poles

Application fee for each Network Support Pole

Extra 95-gallon Cart $13.00 + $1.07 = $14.07

Scheduled Special Pick-Up $15.00 per cubic yard

C. Transfer Facilities

Application Fee

Transfer Facility Monthly Rental Rate (each network node site)

D. Micro Network Nodes

If installation attached on lines between poles or node support poles

Permit and review fee (max $1,000/pole, $500/5 network nodes + $250 ea. Add'l)

Reinspection fee

After hours inspection fee (per hour with 2 hour minimum)

E. Collocation of Network Nodes on City's Service Poles

Subjec to execution of City's Service Pole Agreement

F. City-Owned Utility Poles

Annual Rate - Based upon pole attachment rate consistent with Section 54.024

G. Miscellaneou Fees

CITY OF DENISON


AMOUNT PER UNIT AMOUNT PER UNIT

WATER AND SEWER DEPARTMENT IN CITY OUT CITY IN CITY OUT CITY

A.

35.00$ 25.00$

35.00$

100.00$

50.00$

75.00$

25.00$

35.00$

50.00$

30.00$

30.00$

15.00$

100.00$

150.00$

1,300.00$ 1,000.00$

200.00$ 200.00$

B. Water Rates (*Double Rates for Outside City limits)

*Per Residenital living unit, Commerical user or Industrial user, there will be a

minimum monthly base rate charge for the 1st 1,000 gallons of water consumption.

Base Rate

Residental 26.00$ 52.00$ 24.50$ 49.00$ Commerical 45.00$ 90.00$ 40.00$ 80.00$ Industrial 80.00$ 160.00$ 75.00$ 150.00$

Variable Rate

Residential 3.1113$ 6.2260$ 3.0354$ 6.0708$

4.0184$ 8.0380$ 3.8270$ 7.6540$

Industrial Rate

1001-3,750,000 3.5604$ 7.1208$ 3.3909$ 6.7818$

3,750,001-7,500,000 3.4127$ 6.8254$ 3.2502$ 6.5004$

7,500,001 & Up 3.2649$ 6.5298$ 3.11$ 6.2190$

C. Sewer Rates (ord. 4756) *Double Rates for Outside City limits.

Per Residential living unit, there will be a minimum monthly base rate charge for

the 1st 1,000 gallons as average monthly consumption. Per Commerical user or

Industrial user, there will be a minimum monthly base rate charge for the 1st

1,000 gallons per month based on actual water consumption or reads as provided

by Industrial user.

Base RateResidential 24.00$ 48.00$ 23.00$ 46.00$ Commerical 45.00$ 90.00$ 40.00$ 80.00$

73.00$ 146.00$ 63.00$ 126.00$

Variable Rate

Residential 2.5763$ 5.1526$ 2.5135$ 5.0270$ Commerical 3.8559$ 7.7118$ 3.6723$ 7.3446$

3.8559$ 7.7118$ 3.6723$ 7.3446$

Industrial Surcharge.BOD

TSS

= ((R1 * (BOD-250)) + (R2 * (TSS-250))) * Q * 8.34

R1 = $0.33 lbs BOD = Biochemical Oxygen Demand in mg/L

R2 = $0.27 lbs TSS = Total Suspended Solids in mg/L

Q = Flow in million gallons per day (MGD)

D.

Water

900.00$

1,800.00$

Contractor 1,800.00$

Sewer

700.00$ 650.00$

900.00$ 850.00$

E.

332.00$ 332.00$

1,096.00$ 1,096.00$

1,992.00$ 1,992.00$ 1,920.00$ 1,920.00$

2,517.00$ 2,517.00$ 2,590.00$ 2,590.00$

4,203.00$ 4,203.00$

4,694.00$ 4,694.00$ 4,622.00$ 4,622.00$

8,225.00$ 8,225.00$ 8,148.00$ 8,148.00$ 10" Meter

All water meters 2" and larger will be tested annually for accuracy by the

City. The water customer will be responsible for the cost of the annual

testing, as well as for any repairs which are found necessary to ensure

proper operation of the meter. In addition to the annual test, a test may

be ordered at any time the Utility Billing Department suspects that a meter

is working improperly. If the test confirms a defective meter, the cost of

the test, repair and/or replacement of themeter will be the responsibility

of the water customer.

*Per Industrial user, there will be a per 1,000 gallon tiered rate for water

consumption over 1st 1,000 gallons per month.

Industrial

The City will furnish and install all sewer line materials up to the City side

clean-out at property line.

4" Tap

6" Tap

1" Tap

2" Tap

Over 2" Tap *

The fee above includes the meter box and lid for all 1" and 2" taps. The

meter box and lid for all taps larger than 2" will be the water customer's

responsibility. All taps over 2" will be the responsibility of the customer to

install by City specifications. Meter box and lid specifications will be

provided by the City. Installations must meet City specifications and

approval.

Meter Costs

1" Meter

CURRENT

Jumper or Illegal Connection + Estimated Usage

Commercial

An additional surcharge is to be added to the above charge for the total

sewage charge whenever the customer's sewage exceeds that of normal

domestic wastewater (250 mg/l). The industrial waste surcharge

represents an apportionment of the cost of handling the excess load

imposed on the sewage treatment plant.

Residential Security Deposit

Return Check Fee

Transfer Service Fee

Tap Fees

Request for Re-Read

Meter/Meter Repair (new construction -due to defective or incomplete work)

Water/ERT Damage Fee

Fire Hydrant Meter Security Deposit

Industrial

2" Meter

3" Meter

4" Meter

6" Meter

8" Meter

Commerical Security Deposit

Holidays and weekends service Fee

Reconnect Fee after 3:00pm

Reconnect Fee before 3:00pm during business hours

Residential Connection Fee

PROPOSED - FY 2021

Service Fees

Commerical Connection Fee (Dumpsters)

Commercial Connection Fee (Commercial Bags)

CITY OF DENISON


Environmental Services and Stormwater Department CURRENT

A. Permits, Pollution Prevention Plans

Categorical Industrial Permit - Annually $ 500.00

Significant Industrial Permit - Annually $ 330.00

Permit Modification - per Request $ 155.00

Toxic Organic Management Plan $ 300.00

Copy of Notice of Intent & Stormwater Management

Plan 1 $ 100.00

Grease Trap Self-cleaner Application $ 55.00

B. Inspections

Inspection (Permitted Facility) $ 255.00

Inspection (Non-permitted Facility) $ 125.00

Inspection (Construction Site) $ 125.00

Description Fee

Fee

(1) A responsible party engaging in any land disturbing activity, or any construction

activities of one acre or greater or construction activity that is part of larger common plan

of development or sale that would disturb one acre or more, shall file a copy of thier

notice of intent and an erosion control plan (SWP3) in accordance with the City's MS4

genral permit.

Description

(1) Fees will be assessed for inpections performed by the City that a) The user has

requested which are not a routine part of the City's program, b) Are the result of non-

compliance identified through program activities or, c) The user fails to perform as

required by permit, notice, agreement, administrative order or compliance schedule

issued by the City.

CITY OF DENISON


C.

Composite Sample $ 275.00

Grab Sample $ 65.00

Split Sampling Fee $ 125.00

Laboratory Analysis Actual Cost

D.

Notice of Violation (Permitted Facility) $ 250.00

Notice of Violation (Non-Permitted) $ 125.00

Notice of Violation (Constructuion) $ 150.00 125.00$

Administrative Compliance Order $ 510.00

Administratvie Complaince Schedule (1 to 3 - Months) $ 580.00

Administrative Compliance Schedule (4 to 6 - Months) $ 1,380.00

Show Cause Order $ 575.00

Significant Non-Compliance $ 645.00

Unreasonable Delay to Enter Premises $ 895.00

(1) Enforcement fees are assessed for administrative cost incurred by the City as a result

of a User's non-compliance. These fees are in additional to any fine or penalty levied.

Description Fee

Description Fee

Sampling

Enforcement

(1) Fees will be assessed for laboratory analyses and sampling non-compliance activities

performed by the City that a) Are the result of non-compliance identified through

program activities or, b) The user fails to perform as required by permit, notice,

agreement, administrative order or compliance schedule issued by the City.

CITY OF DENISON


CURRENT

AMOUNT PER UNIT

POLICE DEPARTMENT

A. Copy Charge

1 Reports (accident ) 10.00$ Ea

2 Online Reports (finger print services) 20.00$ Ea 10.00$

B. False Security Alarm Charge

0 - 4 responses (within a 12 month period) Free Ea

5 or more responses (within a 12 month period) 100.00$ Ea

C.

Residence 0.75$

Business 1.30$

Trunk 1.50$

VOIP 0.75$ per service user per month

E9-1-1 Network

PROPOSED - FY 2021

per service user per month



CITY OF DENISON


Proposed FY2021 Proposed FY2021 Current Current


PARKS & RECREATION DEPARTMENT IN CITY OUT CITY IN CITY OUT CITY

A. Waterloo Pool

1 General Admission Fees (lap swim, hydrofitness) (ord. 4638)

Over 15 4.00$ 5.00$

Youth (2-15) 3.00$ 5.00$

Senior (over 55 yrs old) 3.00$ 5.00$

2 Monthly Passes (lap swim, hydrofitness)

Monthly Pass 27.50$ 40.00$

Sr. Monthly Pass 22.50$ 32.50$

Youth Monthly Pass 22.50$ 32.50$

3 Annual Passes (lap swim, hydrofitness)

Individual Annual 170.00$ 200.00$

Senior Individual Annual 140.00$ 190.00$

Senior Couple Annual 250.00$ 300.00$

Family of 4 Annual 340.00$ 420.00$

each additional person 100.00$ 120.00$

Summer Individual Pass 65.00$ 85.00$

4 Fitness Class Fees

Fitness Class 4.00$ 5.00$

Fitness Class - Senior 3.00$ 5.00$

Hydro Fitness 4.00$ 5.00$

Hyrdro Fitness - Senior 3.00$ 5.00$

Lap Swim 4.00$ 5.00$

Lap Swim - Senior $3.00 $5.00

Fitness Monthly 40.00$ 50.00$

5 Swim Team Fees

USA Monthly Pass 60.00$ 65.00$ 50.00$ 55.00$

TAAF Monthly Pass 40.00$ 45.00$

6 Swim Lesson Fees

Group Lessons, (8) 35-55 minute lessons 50.00$ 55.00$

Private Lessons, 4 hours 100.00$ 115.00$

7 LifeGuard Class Fees

Pretest Fee 25.00$ 25.00$

Course Fee 200.00$ 225.00$

Lifeguard or CPR Review Class 75.00$ 75.00$

8 Rental Fees

Private Parties (2 hours & up to 60 guests) (Ord. 4638) 200.00$ 225.00$

Add Mermaid to private party 50.00$ 50.00$ New Fee New Fee

Add Log Rolling to private party 45.00$ 45.00$ New Fee New Fee

Extra Guard for Private Parties (for ea. additional 30 guests) 40.00$ 60.00$

Table rental (2 hours) 15.00$ 20.00$

B. Recreational Fees

1 Adult fishing Derby *Prices will vary *Prices will vary 7.00$ 10.00$

CITY OF DENISON




Youth Trout Derby *Prices will vary *Prices will vary 5.00$ 7.00$

Family Fellowship Trout Derby *Prices will vary *Prices will vary $7.00/$5.00 $10.00/$7.00

Catfish Rodeo *Prices will vary *Prices will vary $7.00/$5.00 $10.00/7.00

2 * Battle of Waterloo 5K Pre-Registration *Prices will vary *Prices will vary 25.00$ 25.00$

5K race day registration *Prices will vary *Prices will vary 30.00$ 30.00$

10K pre-registration *Prices will vary *Prices will vary 30.00$ 30.00$

10K race day registration *Prices will vary *Prices will vary 35.00$ 35.00$

3 Girls Fastpitch Spring Softball (Lil Rookies 3-4 yrs old) *Prices will vary *Prices will vary 60.00$ 60.00$

Girls 6U Division *Prices will vary *Prices will vary 75.00$ 75.00$

Girls 8U/10U Division *Prices will vary *Prices will vary 85.00$ 85.00$

Girls 12U/15U Division *Prices will vary *Prices will vary 95.00$ 95.00$

4 * Adult Cornhole League *Prices will vary *Prices will vary

5 * Adult Sand Volleyball League *Prices will vary *Prices will vary

6 * Adult Kickball League *Prices will vary *Prices will vary

7 * Jazzercise (City receives 20%) *Prices will vary *Prices will vary

C. Facility Rental Fees

1 Waterloo Lake Building 60.00$ 90.00$

Deposit 100.00$ 100.00$

Rental Fee for each 4 hour block of time 50.00$ 75.00$

2 Waterloo Lake Pavilion

Deposit 60.00$ 90.00$


3 Munson Pavilion

Deposit 60.00$ 90.00$


4 Katy Plaza 50.00$ 75.00$

Deposit 50.00$ 75.00$

Rental Fee for each 4 hour block 25.00$ 38.00$

5 Senior Citizens Center

Auditorium Fee for 4 hour block of time 200.00$ 275.00$ $38 / per hour $57 / per hour

Auditorium Deposit 50.00$ 75.00$

Activity Room Fee for 4 hour block of time 100.00$ 150.00$ $20 / per hour $30 / per hour

Activity Room Deposit 50.00$ 75.00$

6 T-Bar Rental Fees

3 Fields 500.00$ 500.00$

Refundable Deposit for Clean-up 250.00$ 250.00$

CITY OF DENISON




7 Waterloo Baseball Fields

2 Fields 300.00$ 300.00$

Refundable Deposit for Clean up 200.00$ 200.00$

8 Culpepper Rental Fees (Per Day)

2 Fields 300.00$ 300.00$

Refundable Deposit for Clean up 200.00$ 200.00$

9 Munson North Baseball Fields

1 Youth Baseball Field 150.00$ 150.00$

Refundable Deposit 150.00$ 150.00$

10 Culpepper, Munson North, Waterloo Baseball, & T-Bar practice fee (non-league team)

(max of 2 hour practice) 25.00$ 25.00$

11 Touchdown Alley Tailgating

Commercial Vendor - per game charge *Prices will vary *Prices will vary

12 Waterloo Lake Bluff A 10.00$ 10.00$

Waterloo Lake Bluff B 10.00$ 10.00$

13 Forest Park

Pavilion or Gazebo Fee for 4 hour block of time 30.00$ 45.00$ New Fee New Fee

Pavilion or Gazebo Deposit 60.00$ 90.00$ New Fee New Fee

Entire Park Fee for 4 hour block of time 150.00$ 225.00$ New Fee New Fee

Entire Park Deposit 60.00$ 90.00$ New Fee New Fee

14 Admissions / Gate

1 Day $1.00 - $10.00 $1.00 - $10.00 New Fee New Fee

2 or more Days $1.00 - $35.00 $1.00 - $35.00 New Fee New Fee

15 Kayak Rental Station

Rental Fee per hour (minimum 2 hours) $10.00 $10.00 New Fee New Fee

D. Texoma Health Foundation Park

1 Soccer Fields

Large Soccer Field Fee (7 hours) 150.00$ 150.00$ 150 / half day 150 / half day

Large Soccer Field Non-Refundable Deposit 150.00$ 150.00$ 75 / half day - refundable 75 / half day - refundable

Small Soccer Field Fee (7 hours) 75.00$ 75.00$ 75 / half day 75 / half day

Small Soccer Field Non-Refundable Deposit 75.00$ 75.00$ 38 / half day - refundable 38 / half day - refundable

2 Volleyball Courts

Volleyball Court Fee (per court for 5 hours) 50.00$ 50.00$ 250 / half day (two courts) 250 / half day (two courts)

Volleyball Court Non-Refundable Deposit 25.00$ 25.00$ 150 / half day (two courts) - refundable150 / half day (two courts) - refundable

3 Trails

Fun Walk/1 mile Fee 300.00$ 300.00$ 700.00$ 700.00$

5K Fee 400.00$ 400.00$ 1,000.00$ 1,000.00$

10K Fee 500.00$ 500.00$ 1,200.00$ 1,200.00$

Non-Refundable Deposit 100.00$ 100.00$ Fun walk - 350 / 5K - 500 / 10K 600 (Refundable)Fun walk - 350 / 5K - 500 / 10K 600 (Refundable)

CITY OF DENISON




4 Pavilion

Pavilion Fee (per 4 hours) 150.00$ 150.00$ 250 / half day 250 / half day

Pavilion Non-Refundable Deposit 50.00$ 50.00$ 125 / half day - refundable 125 / half day - refundable

5 Ball Fields

Ball Field Fee (7 hours) $150.00 $150.00 150 / half day 150 / half day

Non-Refundable Deposit $150.00 $150.00 75 / half day - refundable 75 / half day - refundable

6 Tournaments / Games

1 or more Days $25-$125/team $25-$125/team New Fee New Fee

7 Admissions / Gate

1 or more Days $1.00 - $35.00 $1.00 - $35.00 New Fee New Fee

CITY OF DENISON


AMOUNT PER UNIT

CITY CLERK DEPARTMENT IN CITY OUT CITY

A. Permits Per Year Per Year

Roadside Mobile Vendor 250.00$ 375.00$

Sell/Solicit Permit 25.00$ 37.50$

Liquor Permit half of state fees paid biennial

Amplification Permit 50.00$ N/A

B. Open Records Copy Fees

Standard paper copy $.10 per page

Diskette $1.00

Magnetic tape Actual Cost

Data cartridge Actual Cost

Tape cartridge Actual Cost

Rewritable CD $1.00

Non-rewritable CD $1.00

Digital Video Disc (DVD) $3.00

JAZ Drive Actual Cost

Other electonric media Actual Cost

VHS video cassette $2.50

Audio cassette $1.00

Oversize paper (e.g. 11 x 17, greenbar, bluebar,not

including maps and photographs using specialty paper) $50.00

Specialty Paper (mylar, blueprint, map, photographic) Actual Cost

C. Open Records Labor Fees

Programmer (if a particular request requires this) $28.50/hr

Locating, compiling, manipulating data and reproducing

public information (must be 50 pages or more) $15.00/hr

D. Miscellaneous Fees

Notary Services $6.00 per doc

PROPOSED - FY 2021

CITY OF DENISON


AMOUNT PER UNIT

FAIRVIEW CEMETERY IN CITY OUT CITY

A. Lot Prices

Individual 950.00$ 950.00$

Block 7MG (Unit of Two) 1,900.00$ 1,900.00$

Hartley Edwards Phase II 1,290.00$ 1,290.00$

VA Lot (Veteran Only) 300.00$ 300.00$

Veteran & Spouse only - DD 214 needed

B. Interment Prices

1 Direct (Use of Fairview Chapel w/o complete set up at graveside)

Monday through Friday

9 a.m. to 3 p.m. 800.00$ 800.00$

Saturday

9 a.m. to 2 p.m. 950.00$ 950.00$

2 Graveside/Tent & Chair Set-UP

Monday through Friday

9 a.m. to 3 p.m. 1,050.00$ 1,050.00$

After 3 p.m. 1,250.00$ 1,250.00$

* if service at funeral home/ church is at 3 p.m., rate increases to after 3 p.m. charge

Saturday

9 a.m. to 2:00 p.m. 1,250.00$ 1,250.00$

*all burials completed including covering of grave by 2PM.

3 Interment of Little Angels

Babyland

Monday through Friday 9 a.m. to 3 p.m. 250.00$ 250.00$

Saturday 9 a.m. to 12 p.m. 300.00$ 300.00$

*price includes: lot, opening and closing, and use of Fairview chapel

4 Interment of Children


Saturday 9 a.m. to 12 noon 450.00$ 450.00$

*price includes: lot, opening and closing, and use of Fairview Chapel

Additional Complete Graveside Service 50.00$ 50.00$

5 Cremation Burials on Individual Lots

Graveside/Tent & Chair Set-Up


Fairview Cemetery Chapel


Direct Burial of Cremains - Family Only - No Service 225.00$ 225.00$

PROPOSED - FY 2021

CITY OF DENISON


AMOUNT PER UNIT

FAIRVIEW CEMETERY IN CITY OUT CITY

PROPOSED - FY 2021

6 Columbarium

Individual Niche

Row Four (Bottom) 850.00$ 850.00$

Row Three 950.00$ 950.00$

Row Two 1,050.00$ 1,050.00$

Row One (Top) 1,050.00$ 1,050.00$

Double Niche

Row Four (Bottom) 1,500.00$ 1,500.00$

Row Three 1,700.00$ 1,700.00$

Row Two 1,900.00$ 1,900.00$

Row One (Top) 1,900.00$ 1,900.00$

B. Disinterment of Loved Ones

Adults 1,250.00$ 1,250.00$

Children (age 5 years & younger) 1,250.00$ 1,250.00$ * prices may vary based on the amount of time and condition of outside unit and casket

C. Garden of Tranquility

Interment of Cremated Remains


Saturday 9 a.m. to 12 noon $1,100.00 1,100.00$

* price includes: lot, opening and closing, and use of Fairview Chapel

* (NO TENT/CHAIR SETUP AT BURIAL AREA)

Interment of Cremated Remains on Existing Family Lots

Graveside/Tent & Chair Set-up


Saturday 9 a.m. to 12 p.m. 550.00$ 550.00$

Fairview Cemetery Chapel


Saturday 9 a.m. to 12 p.m. 450.00$ 450.00$

Bury Cremains on Lot - No Family Service 225.00$ 225.00$

D. Miscellaneous Charges

Setting Fee 100.00$ 100.00$

Opening and closing permit and inspection fee 50.00$ 50.00$

CITY OF DENISON


FY 2021 CURRENT

AMOUNT AMOUNT

PLANNING AND ZONING DEPARTMENT

A. Zoning

Zone Change (Straight) 400.00$ 300.00$

Zone Change (Planned Development) 500.00$ 400.00$

Zoning Verification Letter -$ -$

Variance Request 200.00$ 150.00$

Site Plan Review 300.00$ 150.00$

Conditional Use Permit 500.00$ 300.00$

B. Abandonment

Street, alley, or easement abandonment (plus survey and

appraisal at applicant's expense -$ 225.00$

C. Plats

Preliminary Plat 350.00$

Final Plat (includes $75 county filing fee) 450.00$ 350.00$

Conveyance Plat (includes $75 county filing fee) 450.00$ 350.00$

Master Plat/Development Plat 500.00$ 350.00$

Minor Plat (includes $75 county filing fee) 350.00$ 350.00$

Replat (includes $75 county filing fee) 350.00$ 150.00$

Amending Plat (includes $75 county filing fee) 250.00$ 150.00$

D. Annexation 500.00$ -$

E. Site Plans

Site Plan Review 300.00$ 150.00$

Site Plan Amendment 150.00$ -$

F. Miscellaneous Charges

Civil Engineering Plan Review -$ -$

Public Infrastructure Review3% of value of

improvements -$

CITY OF DENISON



DENISON PUBLIC LIBRARY IN CITY OUT CITY IN CITY OUT CITY

A. Fines

1 Overdue items (max $10 per item)

Adults -$ -$ 0.25$ 0.25$

Youth -$ -$ 0.10$ 0.10$

2 Overdue AV items (max $10 per item) -$ -$ 1.00$ 1.00$

B. Fees

1 Damaged book cover, page or sheet 1.00$ 1.00$

2 Lost Library card 2.00$ 2.00$

3 Lost Book - Cost of Book

Plus non-refundable processing fee excluding paperbacks 5.00$ 5.00$

4 Lost AV case 2.00$ 2.00$

5 Out of State card

Individual 10.00$ 10.00$ 20.00$ 20.00$

Family 40.00$ 40.00$

6 Internet guest pass (first day free/$2.00 per day thereafter 2.00$ 2.00$

7 Genealogy research (Handled at Frontier Village as of May 2019)

8 Meeting/Conference room

For Profit groups during business hours 10.00$ 10.00$

For Profit groups after business hours 35.00$ 35.00$

Non-profit groups during business hours No Charge No Charge

Non-profit groups after business hours 25.00$ 25.00$

9 Fax (per page) sending or receiving 0.50$ 0.50$

10 Equipment rental 1.00$ 1.00$

11 Copies/Printing

Black and white 0.25$ 0.25$

Color 1.00$ 1.00$

12 ILL - handling charge for items not picked up 2.50$ 2.50$ -$ -$

13 3D Printing ($.15 per gram with a $1.50 minimum) 1.50$ 1.50$

C. Books

Foundations of American Grape Culture 30.00$ 30.00$

Katy's Baby (this item has been removed) 45.00$ 45.00$

PROPOSED - FY 2021 CURRENT

CITY OF DENISON


FIRE DEPARTMENT

A. Required Fire Permits

Construction & Operational Permits $ 50.00 per permit

B. False Fire Alarm Charge

0-2 responses (within a 12 month period) Free Ea

3 or more responses (within a 12 month period) 100.00$ Ea

Note: Please allow 48 hours for review of you submittal application. Some plans will require third party review.

C. Emergency Medical Services Rates

ALS Emergency Mileage 15.00$

ALS Non-Emergency Mileage 15.00$

ALS Supplies - Airway Management 94.00$

ALS Supplies - Autopulse 472.10$

ALS Supplies - Capnography 156.00$

ALS Supplies - Defibrillation 210.00$

ALS Supplies - EKG Pads 36.75$

ALS Supplies - External Pacing 210.00$

ALS Supplies - IO Infusion 262.25$

ALS Supplies - IV Therapy 258.00$

ALS Supplies - Intubation 100.00$

ALS Supplies - Mast Trousers 43.00$

ALS Supplies - NG Tube 88.00$

ALS Supplies - Needle Thoracostomy 31.50$

ALS Supplies - Routine Disposable 52.50$

ALS Supplies - Surgical Airway 314.75$

ALS1 Emergency Base Rate 855.00$

ALS1 Non-Emergency Base Rate 855.00$

ALS2 Base Rate 900.00$

Ambulance Wait Time (30 min) 31.47$

BLS Emergency Base Rate 787.00$

BLS Emergency Mileage 15.00$

BLS Non-Emergency Base Rate 787.00$

BLS Non-Emergency Mileage 15.00$

BLS Supplies - Defibrillation (AED) 42.00$

BLS Supplies - Morgan Lens 85.00$

BLS Supplies - Routine Disposable 52.50$

BLS Supplies - Scoop Stretcher 35.00$

BLS Supplies - Stair Chair 55.00$

Blood Glucose Test 45.64$

Bone Injection Adult 250.00$

Bone Injection Pedi 250.00$

Dispatch Fee 94.00$

Drug - Adenocard 6mg 170.55$

Drug - Adenosine 12mg 330.75$

Drug - Albuterol (.83%) 3 mL 19.83$

Drug - Albuterol/Ipratropium 36.00$

Drug - Aspirin Chewable 81 mg 2.10$

Drug - Atropine Sulfate 0.3 mg 39.87$

Drug - Calcium Chloride 30.00$

Drug - Dextrose 50% (D50) 29.37$

Drug - Diazepam 5 mg 58.35$

Drug - Diltiazem HCL 5mg 61.88$

Drug - Diphenhydramine 50 mg 9.87$

Drug - Dopamine 400mg/250cc bag of D5W 44.97$

Drug - EPI 1 mg/10 mL IV 28.47$

Drug - EPI 1 mg/cc IV 15.74$

Drug - Fentanyl 100mcg/2ml 48.00$

Drug - Furosemide 20 mg 31.65$

Drug - Glucagon 1 mg 842.85$

Drug - Haloperidol 5 mg 26.25$

Drug - Ipratropium Bromide .18 mg 5.25$

Drug - Ketamine 100mg/ml 36.90$

Drug - Labetolol 10 mg 44.59$

Drug - Lidocaine Drip 1 gm / 25 mL 52.50$

Drug - Lidocaine HCl (2%) 50 mg 26.23$

Drug - Lorazepam 2 mg 43.01$

Drug - Magnesium Sulfate 10.00$

Drug - Meperidine HCL 100 mg 35.50$

Drug - Methylprednisolone 10.00$

Drug - Midazolam HCl 1 mg 41.96$

Drug - Morphine Sulfate, 10 mg 58.75$

Drug - Naloxone 1 mg IV 66.75$

Drug - Nitroglycerin tablets 5.00$

Drug - Ondansetron 1 mg 55.00$

Drug - Oral Glucose Gel 15 g 15.00$

Drug - Promethazine, 50 mg 33.05$

Drug - Sodium Bicarbonate 50 CC 30.75$

Drug - Thiamine 100 mg IV 49.65$

Drug - Tranexamic Acid 135.00$

Drug - Vasopressin 40 units 54.55$

EKG Interpretation 260.00$

ETCO2 Bulb Adult 32.50$

ETCO2 Bulb Pedi 32.50$

EZ IO 375.00$

Emergency Rate 94.00$

Extra Attend - 300+ lb Patient 40.00$

Extra Attend - CPR 147.00$

Extra Attend - Heavy Extrication 250.00$

Extra Attend - Long Stairs 40.00$

IV - 5% Dextrose/NS 500CC 42.00$

IV - Blood Draw Procedure 21.00$

IV - Collection Tubes 18.75$

IV - D5W 1000CC 47.75$

IV - D5W 250CC 26.30$

IV - D5W 500CC 42.00$

IV - Normal Saline 1000CC 47.75$




IV - Saline Flush 10ml 10.00$

IV - Ringers Lactate 1000CC 47.75$

Night Call (8p - 8a) 84.00$

Nu-/QuickTrake Surg Airway 300.00$

Oxygen, Administration, & Supplies / hr 119.00$

Pulse Oximeter 9 94.50$

SCT Emergency Base Rate 1,662.96$

Spinal Immobilization 184.50$

Treatment / No-Transport 175.00$

Weekend Call 84.00$

D. Motor Vehicle Incident Rates

Level 1 487.00$

Level 2 554.00$

Level 3 - Car Fire 677.00$

Extrication 1,461.00$

Creating a Landing Zone 448.00$

Additional Time On-Scene

Engine (per hour) 448.00$

Truck (per hour) 560.00$

Miscellaneous Equipment 336.00$

E. HAZMAT Rates

Level 1 784.00$

Level 2 2,800.00$

Level 3 (3 hours on scene) 6,608.00$

Additional Level 3 Costs (per hour) 336.00$





F. First Responder Rates (No Medical Transport) 350.00$

G. Fire Investigation Rates (per hour) 308.00$

H. Fire Rates



I. Illegal Fire Rates



J. Water Incident Rates

Level 1 ($56/hr per rescue person) 448.00$

Level 2 ($56/hr per rescue person) 896.00$

Level 3 ($56/hr per rescue person; $112/hr per HAZMAT

team) 2,240.00$

K. Back Country or Special Rescue Rates

Minimum $56/hr per rescue person 448.00$

L. Chief Response Rate (per hour) 280.00$





M. Fire Inspection Rates

Initial Inspection Free

First Reinspection Free

Second Reinspection 100.00$

Third Reinspection 200.00$

Four or More Reinspections (rate per visit) 300.00$

CITY OF DENISON


BUILDING INSPECTIONS DEPARTMENT

A.

New Single-Family Fees (including duplexes) (Ord.

4715)

1,500 sq. ft. or less $600.00

1,501 to 2,500 sq. ft. $800.00

2,501 to 3,500 sq. ft. $1,000.00

3,501 to 5,000 sq. ft. $1,300.00

5,001 to 7,500 sq. ft. $1,600.00

7,501 to 10,000 sq. ft. $1,900.00

10,001 sq. ft. or more $2,200.00

B. New Multi-Family Fees (3 attached units or more)

$240.00 per unit

(2) The fee for mechanical, electrical and plumbing permits issued in conjunction with

the permit above is: $25.00 each.

(1) A non-refundable plan review deposit of one hundred dollars ($100.00) is due at

time of plan submittal. The plan review deposit will be applied toward the cost of the

building permit only if the building permit fee is paid within 6 months of the date the

plan was submitted for review.


the permit above is: $25.00 each

(1) A non-refundable plan review deposit equal to 35% of the permit fee is due at time

of plan submittal. The plan review deposit will be applied toward the cost of the building

permit only if the building permit fee is paid within 6 months of the date the plan was

submitted for review.

CITY OF DENISON


C.

New Commercial Fees and Commercial Additions,

Alterations and Repairs

Total

Valuation

(dollars)

$50.00 1,000.00 and

less

$50.00 for the first $1,000.00 plus $7.00 for each

additional thousand or fraction thereof, up to and

including $50,000.00.

1,001.00 to

50,000.00




50,001.00 to

100,000.00




100,001.00 to

500,000.00

$2,693.00 for the first $500,000.00 plus $3.50 for each

additional thousand or fraction thereof, up to and including

$1,000,000.00

500,001.00 to

1,000,000.00

$4,443.00 for the first $1,000,000.00 plus $3.00 for each

additional thousand or fraction thereof.1,000,000.01

and up

Fee

(4) Mechanical, electrical and plumbing work performed that is not done in

conjunction with a building permit issued above, shall be assessed a fee based on the

fee table above.

(1) A non-refundable plan review deposit equal to 35% of the building permit fee is

due at time of plan submittal. The plan review deposit will be applied toward the cost of

the building permit only if the building permit fee is paid within 6 months of the date the

plan was submitted for review.

(2) Valuation will be based on the larger value of either:

(a) The valuation claimed by the applicant

(b) Eighty five percent of the valuation calculated using the most recently published

Valuation Data Table by the International Code Council.


the above permit is: $25.00 each.

CITY OF DENISON


(1) Residential Remodel Flat Fee Permit Fee

0 to 1500 sq. ft $150.00

1501 sq. ft to 2500 sq. ft. $200.00

2501 sq. ft to 3500 sq. ft. $300.00

3501 sq. ft. to 5000 sq. ft. $400.00

5001 sq. ft and over $500.00

The fee for mechanical, electrical and plumbing permits

issued in conjunction with the above permit is $25.00

each.

At the Building Official's discretion, a large remodel

project may be classified as new construction. An

example of this would be an addition that exceeds 1/3 of

the size of the existing building.

(2) Residential Accessory Structures

E. Miscellaneous Fees

Any activity listed below shall be charged the following

fee associated with the activity.

Certificate of Occupancy $50.00

(only charged when no permit issued for new construction)

Certificate of Occupancy - Temporary $75.00

(charged for all temporary certificates of occupancy)

Clean and Show (Temporary Power) $50.00

Construction trailer $100.00

Demolition $50.00

Electrical Panel Change/ Service Update Residential $50.00

Electrical Panel Change/ Service Update Commercial $100.00

Fence Permit Residential $50.00

Fence Permit Commercial $100.00

HVAC Replacement Residential

HVAC Replacement Commercial

Irrigation System – Commercial

Irrigation System - Residential

Re-roof Residential $50.00

Re-roof Commercial $100.00

Sewer Service Line Replacement Residential $50.00

Sewer Service Line Replacement Commercial $150.00

Spa or above-ground pool $50.00

$200.00 per backflow device

$100.00 per backflow device

$0.35 per sq. ft. with a minimum fee of $80.00 (whichever is greater). Includes storage

buildings, shops, decks, garages and carports.

$50.00 per system

$100.00 per system

CITY OF DENISON


Swimming Pool – In Ground $250.00

Solar Panel $100.00

Water Heater Replacement - Residential $50.00

Water Heater Replacement - Commercial $100.00

Permit Renewal - First Residential New Const. $200.00

Permit Renewal - Second Residential New Const. $300.00

Permit Renewal -Commercial New Construction

Plan Revision - Residential $50.00

Plan Revision - Commercial 10% of permit fee

Failure to request inspection/Expired Permit $50.00

Work Started Without a Permit (Res. And Comm) $200.00 plus permit fee

Stand Alone Residential Mechanical, Electrical,

Plumbing, including Gas Pressure Test. $50.00 plus $0.5 per sq. ft.

F. Registration Fees

Registrations are valid for one (1) year from the date the

registration is paid

Contractor registration (unless exempt by law). $50.00

G. Inspection Fees

Reinspection Fee $100.00

After Hours Inspection

H. Sign Fees

32 sq ft or less – single side or re-face $100.00

32 sq ft or less – double sided or reface $150.00

Greater than 32 sq ft – single side or re-face $150.00

Greater than 32 sq ft – double sided or re-face $250.00

(2) Off-Premise Signs

100 sq ft or less – single sided $100.00

(1) On-Premise Sign (Attached, Monument or Pole)

$200.00 minimum or 10% of

original permit fee, whichever is

greater

Fees for the associated inspection activities are as follows:

$100.00 per hour/minimum 2 hrs

CITY OF DENISON


100 sq ft or less – double sided $150.00

101 sq. ft or larger– single sided $200.00

101 sq. ft or larger – double sided $400.00

(3) Annual Permit Fees for Off-Premise Signs

100 sq ft or less – single sided $50.00

100 sq ft or less – double sided $50.00

101 to 300 sq ft – single sided $50.00

101 to 300 sq ft – double sided $100.00

301 sq ft and larger – single sided $75.00

301 sq ft and larger – double sided $150.00

(4) Temporary Sign Permits

30 day permit $25.00 4 permits per yr

I.

Variance or Appeal Fees for the Building Appeals

Board

All variance requests, waivers or appeals $150.00

CITY OF DENISON


A. Registration Fees

Dangerous Dog (Jan. 1 - Dec. 31) 100.00$

ANIMAL CONTROL DIVISION


Staff Report

Agenda Item

Receive a report, hold a discussion and take action on a resolution adopting guidelines for an amnesty

program during the month of October.

Staff Contact

Christine Wallentine, Court Administrator

[email protected]

(903) 464-4448

Summary

The Municipal Court wishes to establish a temporary amnesty program during the month of

October to allow violators with outstanding warrants to reduce their fines by donating cans of

food to the City, who will then distribute those cans to local food banks.

During the period of October 1, 2020 through October 16, 2020, any violator with an arrest

warrant and corresponding fine may bring ten (10) cans of food or other nonperishable items to

the City for a fifty-dollar ($50) reduction in the fine owed. A violator with an arrest warrant and

corresponding fine may bring twenty (20) cans of food or other nonperishable items to the City

for a one hundred-dollar ($100) reduction in the fine owed.

Upon conclusion of the temporary amnesty program, the Municipal Court would return to

regular enforcement of arrest warrants and fines.


Staff recommends approval.

Recommended Motion

“I move to approve the resolution adopting guidelines for an amnesty program during the month of

October.”


The Municipal Court wishes to establish a temporary amnesty program during the month of October to

allow violators with outstanding warrants to reduce their fines by donating cans of food to the City, who

will then distribute those cans to local food banks. During the period of October 1, 2020 through October

16, 2020, any violator with an arrest warrant and corresponding fine may bring ten (10) cans of food or

other nonperishable items to the City for a fifty-dollar ($50) reduction in the fine owed. A violator with

an arrest warrant and corresponding fine may bring twenty (20) cans of food or other nonperishable items

to the City for a one hundred-dollar ($100) reduction in the fine owed. Canned food donations would

only be allowed to be made during normal City business hours at the Municipal Court window located

on the 1st floor of City Hall, 300 W. Main St., Denison, Texas. The Municipal Court previously ran an

amnesty program in February of this year prior to the annual Warrant Roundup, which was very

successful. The Municipal Court received over 1300 canned food and nonperishable items that were

then donated to St. Luke’s Food Pantry. The Municipal Court recently learned that the food banks in

Denison have been depleted because of the Covid-19 pandemic and would like to run another program

to help the community out. This program will also help reduce the burden on local law enforcement by

decreasing the number of outstanding arrest warrants. Upon conclusion of the temporary amnesty

program, the Municipal Court would return to regular enforcement of arrest warrants and fines.


This will reduce the overall amount of fees collected for the month of October.


In February of this year, Council approved a temporary amnesty program prior to Warrant Roundup.

Alternatives

The Council could deny or modify the resolution or table the item.

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RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF DENISON, TEXAS ADOPTING GUIDELINES FOR AN

AMNESTY PROGRAM DURING THE MONTH OF

OCTOBER AND OTHER MATTERS IN CONNECTION

THEREWITH; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council (the “Council”) of the City of Denison, Texas (the “City”)

wishes to establish a temporary amnesty program to allow violators with outstanding warrants to

reduce their fine(s) by donating cans of food to the City, who will then distribute those cans to

local food banks; and

WHEREAS, the Council wishes to reduce the burden on local law enforcement by

decreasing the number of outstanding arrest warrants; and

WHEREAS, upon conclusion of the temporary amnesty program, the Council wishes City

officials to return to regular enforcement of arrest warrants and fines.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

DENISON, TEXAS:

SECTION 1: Findings Incorporated. The findings recited above are incorporated as if

fully set forth in the body of this Resolution.

SECTION 2: Temporary Amnesty Plan Established. During the period of October 1, 2020

through October 16, 2020, any violator with an arrest warrant and corresponding fine may bring

ten (10) cans of food or other nonperishable items to the City for a fifty-dollar ($50) reduction in

the fine owed. A violator with an arrest warrant and corresponding fine may bring twenty (20)

cans of food or other nonperishable items to the City for a one hundred-dollar ($100) reduction in

the fine owed. Canned food donations may only be made during normal City business hours at the

Municipal Court window located on the 1st floor of City Hall, 300 W. Main St., Denison, Texas.

SECTION 3: Ending Date and Time for Temporary Amnesty Program. This temporary

amnesty program shall conclude following the City’s close of business on October 16, 2020.

SECTION 4: Savings/Repealing. All resolutions, or parts thereof, which are in conflict or

inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict,

and the provision of this Resolution shall be and remain controlling as to the matters resolved

herein.

SECTION 5: Effective Dates. This Resolution shall be in force and effect immediately

upon final passage until the ending date of the temporary amnesty program specified herein, and

it is so resolved.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF

DENISON, TEXAS on this the 21st day of September 2020.

__________________________________

JANET GOTT, MAYOR

ATTEST:



Staff Report

Agenda Item

Receive a report, hold a discussion and take action on a resolution authorizing a collection fee for

certain debts owed to the Municipal Court of the City of Denison and authorizing the City Manager to

execute a contract for delinquent Municipal Court collection services with the law firm of Linebarger

Goggan Blair & Sampson, LLP as special counsel to perform all legal services necessary to collect

unpaid fines, fees and court costs as provided in Texas Code of Criminal Procedure Article 103.0031.

Staff Contact

Christine Wallentine, City Clerk/Court Administrator

[email protected]

(903) 464-4448

Summary

The City of Denison Municipal Court entered into a contract back in November of 2015 with

McCreary, Veselka Bragg & Allen, LLC (“MVBA”) for collection of all past due fines, fees

and costs.

In July of this year, the City of Denison provided written cancellation of it’s contract with

MVBA prior to the contract renewal date, as required under the contract.

The Municipal Court now desires to enter into a collections contract with Linebarger, Goggan,

Blair & Sampson, LLP.

The resolution included as part of this item authorizes a collection fee for certain debts owed to

the Municipal Court.


Staff recommends approval of the resolution and the resolution and the contract.

Recommended Motion

“I move to approve the resolution authorizing a collection fee for certain debts owed to the Municipal

Court of the City of Denison and authorizing the City Manager to execute a contract for delinquent

Municipal Court collection services with the law firm of Linebarger Goggan Blair & Sampson, LLP as

special counsel to perform all legal services necessary to collect unpaid fines, fees and court costs as

provided in Texas Code of Criminal Procedure Article 103.0031.”


The City of Denison Municipal Court entered into a contract back in November of 2015 with McCreary,

Veselka Bragg & Allen, LLC (“MVBA”) for collection of all past due fines, fees and costs. The contract

with MVBA was a two-year contract with an automatic annual renewal on the anniversary date. In July

of this year, the City of Denison provided written cancellation of it’s contract with MVBA prior to the

contract renewal date, as required under the contract. The Municipal Court now desires to enter into a

collections contract with Linebarger, Goggan, Blair & Sampson, LLP. The initial term of the contract is

5 years, effective October 1, 2020 through September 30, 2025. Additionally, the City wishes to defray

its costs of collection that it incurs under a contract for collection of delinquent court fines and fees

between the City and a collection firm as authorized under the provisions of Article 103.0031 of the

Texas Code of Criminal Procedure. Under said article, the City Council is empowered to authorize the

addition of 30% on each debt and account receivable, including fines and fees, and on each amount in

cases in which the accused has failed to appear, when each is more than 60 days past due and has been

referred for collection. The resolution included as part of this item authorizes a collection fee for certain

debts owed to the Municipal Court.


The 30% collection fee is added to each debt and account receivable, including fines and fees, and on

each amount in cases in which the accused has failed to appear, when each is more than 60 days past

due and has been referred for collection. This is collected upon payment of the debt or account

receivable.


None.

Alternatives

The Council may modify, deny or table the item.

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Contract for Fines and Fees Collection Services STATE OF TEXAS COUNTY OF GRAYSON THIS CONTRACT (hereinafter “AGREEMENT”) is made and entered into by and between the City of Denison, acting herein by and through its governing body, hereinafter styled “CLIENT”, and Linebarger Goggan Blair & Sampson, LLP, hereinafter styled “FIRM” (together referred to as the “Parties”).

Article I Nature of Relationship and Authority for Contract

1.01 The parties hereto acknowledge that this AGREEMENT creates an attorney-client relationship between CLIENT and FIRM. 1.02 The CLIENT hereby employs the FIRM to provide the services hereinafter described for compensation hereinafter provided. 1.03 This AGREEMENT is entered into pursuant to and as authorized by Subsection (a) of ART. 103.0031, Texas Code of Criminal Procedure.

Article 2 Scope of Services

2.01 CLIENT agrees to employ and does hereby employ FIRM to provide specific legal services provided herein and enforce the collection of delinquent court fees and fines that are subject to this AGREEMENT, pursuant to the terms and conditions described herein. Such legal services shall include but not be limited to recommendations and legal advice to CLIENT to take legal enforcement action; representing CLIENT in any dispute or legal challenge over authority to collect such court fees and fines; defending CLIENT in litigation or challenges of its collection authority; and representing CLIENT in collection interests in bankruptcy matters as determined by FIRM and CLIENT (the “Claims”). This AGREEMENT supersedes all prior oral and written agreements between the parties regarding court fees and fines, and can only be amended if done so in writing and signed by all parties. Furthermore, this Agreement cannot be transferred or assigned by either party without the written consent of all parties. 2.02 The CLIENT may from time-to-time specify in writing additional actions that should be taken by the FIRM in connection with the collection of the fines and fees that are subject to this AGREEMENT. CLIENT further constitutes and appoints the FIRM as CLIENT's attorneys to sign all legal instruments, pleadings, drafts, authorizations and papers as shall be reasonably necessary to pursue collection of the CLIENT’s Claims. 2.03 Fines and fees that are subject to this AGREEMENT are those that are more than sixty (60) days past due as of the effective date hereof and those that become more than sixty (60) days past due during the term hereof. As used in this section, “more than 60

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days past due” has that meaning assigned by Subsection (f) of Art. 103.0031, Texas Code of Criminal Procedure [as amended by Senate Bill 782, 78th Legislature (2003), effective June18, 2003]. The meaning assigned to the phrase “more than 60 days past due” shall, for the term and purposes of this AGREEMENT, survive any future amendments to, or repeal of, Article 103.0031, Texas Code of Criminal Procedure, or any parts thereof. 2.04 The CLIENT agrees to provide to the FIRM data regarding any fines and fees that are subject to this AGREEMENT. The data shall be provided by electronic medium in a file format specified by the FIRM. The CLIENT and the FIRM may from time-to-time agree in writing to modify this format. The CLIENT shall provide the data to the FIRM not less frequently than monthly. 2.05 The FIRM, in all communications seeking the collection of fines and fees, shall direct all payments directly to the CLIENT at an address designated by the CLIENT. If any fines and fees are paid to the FIRM, said payments shall be expeditiously turned over to the CLIENT.

Article 3 Compensation

3.01 The CLIENT agrees to pay the FIRM as compensation for the services required hereunder:

(a) Zero (0%) percent of all the fines and fees subject to the terms of this AGREEMENT as set forth in Section 2.03 above that are collected by the CLIENT during the term of this AGREEMENT and that were incurred under Art. 103.0031(a)(2), Texas Code of Criminal Procedure, as a result of the commission of a criminal or civil offense committed before June 18, 2003; and

(b) Thirty (30%) percent of the total amount of all other fines and fees [exclusive of

any collection fee assessed by the CLIENT pursuant to Subsection (b) of Article 103.0031, Texas Code of Criminal Procedure] subject to the terms of this AGREEMENT as set forth in Section 2.03 above that are collected by the CLIENT during the term of this AGREEMENT.

All compensation shall become the property of the FIRM at the time payment of

the fines and fees is made to the CLIENT. 3.02 The CLIENT shall pay the FIRM by the twentieth day of each month all compensation earned by the FIRM for the previous month as provided in this Article 3. The CLIENT shall provide an accounting showing all collections for the previous month with the remittance.

Article 4 Intellectual Property Rights

4.01 The CLIENT recognizes and acknowledges that the FIRM owns all right, title and interest in certain proprietary software that the FIRM may utilize in conjunction with performing the services provided in this AGREEMENT. The CLIENT agrees and hereby

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grants to the FIRM the right to use and incorporate any information provided by the CLIENT ("CLIENT Information") to update the databases in this proprietary software, and, notwithstanding that CLIENT Information has been or shall be used to update the databases in this proprietary software, further stipulates and agrees that the CLIENT shall have no rights or ownership whatsoever in and to the software or the data contained therein, except that the CLIENT shall be entitled to obtain a copy of such data that directly relates to the CLIENT’s accounts at any time. 4.02 The FIRM agrees that it will not share or disclose any specific confidential CLIENT Information with any other company, individual, organization or agency, without the prior written consent of the CLIENT, except as may be required by law or where such information is otherwise publicly available. It is agreed that the FIRM shall have the right to use CLIENT Information for internal analysis, improving the proprietary software and database, and generating aggregate data and statistics that may inherently contain CLIENT Information. These aggregate statistics are owned solely by the FIRM and will generally be used internally, but may be shared with the FIRM's affiliates, partners or other third parties for purposes of improving the FIRM's software and services.

Article 5 Costs

5.01 The FIRM and CLIENT recognize that certain costs may be incurred in the process of providing any additional services contemplated in Section 2.02 above or in providing any special litigation services. The CLIENT agrees that all such costs shall be billed to the CLIENT, but that the FIRM will either (i) advance such costs on behalf of the CLIENT or, (ii) when possible, arrange with the vendor or agency providing the service that the costs of services will not be paid unless and until such costs are recovered by the CLIENT from the debtor. 5.02 The CLIENT acknowledges that the FIRM may provide such services with its own employees or with other entities or individuals who may be affiliated with the FIRM, but the FIRM agrees that any charges for such services will be reasonable and consistent with what the same services would cost if obtained from a third party. 5.03 The CLIENT agrees that upon the recovery of such costs, the CLIENT will (i) pay the FIRM for any such costs that have been advanced by the FIRM or performed by the FIRM and (ii) pay any third party agency or vendor owed for performing such services.

Article 6 Term and Termination

6.01 This AGREEMENT shall be effective October 1, 2020 (the “Effective Date”) and shall expire on September 30, 2025 (the “Expiration Date”) unless extended as hereinafter provided. 6.02 Unless prior to sixty (60) days before the Expiration Date, the CLIENT or the FIRM notifies the other in writing that it does not wish to continue this AGREEMENT beyond its initial term, this AGREEMENT shall be automatically extended for an additional one year

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period without the necessity of any further action by either party. In the absence of any such sixty (60) day notice by either the CLIENT or the FIRM, the AGREEMENT shall continue to automatically renew for additional and successive one-year terms in the same manner at the end of each renewal period. 6.03 If, at any time during the initial term of this AGREEMENT or any extension hereof, the CLIENT determines that the FIRM’s performance under this AGREEMENT is unsatisfactory, the CLIENT shall notify the FIRM in writing of the CLIENT’s determination. The notice from the CLIENT shall specify the particular deficiencies that the CLIENT has observed in the FIRM’s performance. The FIRM shall have sixty (60) days from the date of the notice to cure any such deficiencies. If, at the conclusion of that sixty (60) day remedial period, the CLIENT remains unsatisfied with the FIRM’s performance, the CLIENT may terminate this AGREEMENT effective upon the expiration of thirty (30) days following the date of written notice to the FIRM of such termination (“Termination Date”). 6.04 Whether this AGREEMENT expires or is terminated, the FIRM shall be entitled to continue to collect any items and to pursue collection of any claims that were referred to and placed with the FIRM by the CLIENT prior to the Termination Date or Expiration Date for an additional ninety (90) days following termination or expiration. The CLIENT agrees that the FIRM shall be compensated as provided by Article 3 for any such item or pending matters during the ninety (90) day period. 6.05 The CLIENT agrees that the FIRM shall be reimbursed for any costs advanced and shall be paid for any services performed pursuant to Article 5 when such costs are recovered by or on behalf of the CLIENT, regardless of the date recovered. It is expressly agreed that neither the expiration nor the termination of this AGREEMENT constitutes a waiver by the FIRM of its entitlement to be reimbursed for such costs and to be paid for such services. It is further expressly agreed that the expiration of any ninety (90) day period under Section 6.04 does not constitute any such waiver by the FIRM.

Article 7 Miscellaneous

7.01 Subcontracting. The FIRM may from time-to-time obtain co-counsel or subcontract some of the services provided for herein to other law firms or entities. In such cases, the FIRM will retain supervisory control and responsibility for any services provided by such co-counsel or subcontractors and shall be responsible to pay any compensation due to any such co-counsel or subcontractor. 7.02 Integration. This AGREEMENT contains the entire AGREEMENT between the parties hereto and may only be modified in a written amendment, executed by both parties. 7.03 Representation of Other Governmental Entities. The CLIENT acknowledges and consents to the representation by the FIRM of other governmental entities that may be seeking the payment of fines and fees or other claims from the same person(s) as the CLIENT.

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7.04 Notices. For purposes of sending any notice under the terms of this contract, all notices from CLIENT shall be sent to FIRM by certified United States mail, or delivered by hand or by courier, and addressed as follows: Linebarger Goggan Blair & Sampson, LLP Attention: Director of CMS P.O. Box 17428 Austin, Texas 78760-7428 All notices from the FIRM to the CLIENT shall be sent to CLIENT by certified United States mail, or delivered by hand or by courier, and addressed as follows: City of Denison Attn: City Manager 300 W. Main P.O. Box 347 Denison, Texas 75020

7.06. Compliance with Tx. Govt. Code §2270.002. In order to comply with Tx. Govt. Code §2270.002, the Firm verifies that it does not boycott Israel and will not boycott Israel during the term of the contract. EXECUTED ON the ______ day of _________, 2020. By: __________________________________________ Judson Rex, City Manager For the CITY Linebarger Goggan Blair & Sampson, LLP By: __________________________________________ Jake Battenfield, Partner For the FIRM

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RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENISON,

TEXAS, AUTHORIZING A COLLECTION FEE FOR CERTAIN DEBTS

OWED TO THE MUNICIPAL COURT OF THE CITY OF DENISON;

PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Denison (the “City”) wishes to defray its costs of collection that

it incurs under a contract for collection of delinquent court fines and fees between the City and a

collection firm as authorized under the provisions of Article 103.0031, Texas Code of Criminal

Procedure; and

WHEREAS, under said article, the City Council of the City of Denison is empowered to

authorize the addition of 30% on each debt and account receivable, including fines and fees, and

on each amount in cases in which the accused has failed to appear, when each is more than 60 days

past due and has been referred for collection.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

DENISON, TEXAS, THAT:

SECTION 1: All matters stated in the Recitals hereinabove are found to be true and

correct and are incorporated herein by reference as if copied in their entirety.

SECTION 2: A collection fee is hereby authorized and imposed, as provided by Article

103.0031, Texas Code of Criminal Procedure:

(a) in the amount of 30% of debts and accounts receivable, such as unpaid fines, fees, court

costs, forfeited bonds, and restitution ordered paid by a municipal court serving the City

when such debt or account receivable is more than 60 days past due and has been referred

to an attorney or private vendor for collection; and

(b) in the amount of 30% of amounts in cases in which the accused has failed to appear:

(1) as promised under Subchapter A, Chapter 543 of the Texas Transportation

Code, or other law;

(2) in compliance with a lawful written notice to appear, issued under Article

14.06(b) of the Texas Code of Criminal Procedure, or other law;

(3) in compliance with a lawful summons issued under Article 15.03(b) of the

Texas Code of Criminal Procedure;

(4) in compliance with a lawful order of a court serving the City; or

(5) as specified in a citation, summons, or other notice authorized by Section

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682.002 of the Texas Transportation Code, that charges the accused with a parking

or stopping offense,

SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid

by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions

hereof and the City Council of the City of Denison hereby determines that it would have adopted

this Resolution without the invalid provision.

SECTION 4: That this Resolution shall become effective from and after its date of

passage.

PASSED AND APPROVED ON THIS 21ST DAY OF SEPTEMBER 2020.

________________________________

JANET GOTT, Mayor

ATTEST:

__________________________________



Staff Report

Agenda Item

Receive a report, hold a discussion, conduct a public hearing, and take action on an Ordinance amending

the zoning Ordinance, Chapter 28, updating Section 28.48A – RI – Residential Infill Overlay District.

Staff Contact

Bill D. Medina, MPA

[email protected]

903- 465-2720 x2530

Summary

This item involves several amendments to the zoning (Chapter 28) code to address urban design

quality.

The Code amendments ought to serve well to provide flexibility to development within the

Residential Infill Overlay.

Proposed amendments consist of changes to lot dimensions minimums, setback requirements,

parking requirements, structure size requirements, while allowing for higher density.

A front façade diversity requirement is also being proposed.


Staff recommends approval of the Ordinance update.

Recommended Motion

“I move to approve the Ordinance amending the Denison Municipal Code Chapter 28 as presented.”


Due to topographical and other site challenges, staff recommends modifications and updates to the Residential Infill Overlay Zoning District. Historic events such as the development of many railroad lines, some lack of access to public utilities, and irregular lot dimensions, have exacerbated the difficulty of residential infill development. The purpose of the proposed changes to the City Ordinance is to relieve some of the experienced challenges to development, while also improving neighborhood design and quality. Staff is exploring further improvements to the existing Code and is open to finding creative solutions to quell current and future development challenges.

The proposed amendments to the Residential Infill Overlay District include the following:

Lot dimension, setback, and residential structure size variation – Proposed changes allow lot

dimensions (standard 50’ x 100’ minimum) and are size a variation of the standard

requirements to all residentially zoned Infill lots by 30%. Any plat or residential site plan

request that exceeds this 30% threshold would require Planning and Zoning Commission

approval.

Setback requirements shall be consistent with nearby or adjacent lots. There are several infill

neighborhoods which have homes with a setback less than 20’ from the property line. Instead of

requiring a standard 20’ – 25’ front setback, staff would rather encourage neighborhood

conformity and consistency. The amendment to the setback requirements will allow for much

greater flexibility for new construction in areas that are currently developed. Note that this

revision only affects the front yard setback.

Allowance of quadplex multifamily structures – Within all residentially zoned lots in the Infill

Overlay, staff would like to permit the construction of a single-family detached housing unit or

multifamily units. The builder/developer is still responsible for meeting lot dimensions, parking

requirements, setback standards, and all other development requirements, but would be granted

the option of constructing either a single family detached, duplex, or up to quadplex housing

units. This change should promote the creation of additional affordable housing units while

increasing Infill density, without the developer needing to pursue a rezone.

Variation of front façade elevations – As requested by the Planning and Zoning Commission,

Staff is proposing a requirement to prevent the repetition of front façade elevations within the

Residential Infill Overlay District. As currently proposed, the same front façade elevation of a

newly constructed housing unit could not be reused on the same City block. The average

Denison Infill City block consists of 8 -12 lots. Changes in color, siding material, and texture

are not considered changes to architectural elevation design. Creating this requirement would

improve the architectural diversity of the Infill area. Changes to building height, visible roof

pitch and roof line, window size, type, and location, as well as overall building design are some

examples which contribute to building diversity.

Off-Street Parking – A minimum of two (2) parking spaces on a paved drive are required for a

single-family detached housing unit. One (1) paved parking space per unit, per bedroom for

duplex or multifamily development, not to exceed two (2) spaces.

Other Findings

Staff finds these amendments are consistent with the purpose of the zoning code to further the orderly

use and development of land because urban design quality would be improved.


N/A

Prior Commission or Council Action

The Planning and Zoning Commission recommended approval on September 8th, 2020.

Alternatives

The City Council may approve, approve with conditions, table, or deny the proposed Ordinance

amendments.

Sec. 28.48A. - RI—Residential Infill Overlay District.

28.48A.1. General purpose and description:

The City of Denison has an abundance of vacant lots located in older developed neighborhoods. These lots have become vacant due to fire, demolition or other causes. The lots normally have water and sewer availability and paved street frontage. The intent of this ordinance is to encourage development and redevelopment of these areas though the modification of development standards. Additionally, the intent of the Residential Infill Overlay District is to ensure that new construction and redevelopment maintains and preserves the form and character of existing neighborhoods while making odd-shaped and sized lots available for development.

Residential infill target area includes the developed areas of Denison as follows:

Beginning at the intersection of Perry Avenue and Bond Street;

Thence west along Bond Street (including properties along Bond Street) to the intersection of Bond Street and Derby Avenue;

Thence west along the southern Bond Street to its intersection with Juanita Drive;

Thence north along Juanita Drive to its intersection with Bond Street;

Thence west along Bond Street to its intersection with Mauk Street;

Thence north along Mauk Street to its intersection with Walker Street;

Thence west along Walker Street to its intersection with Layne Drive;

Thence north along Layne Drive to its intersection with Walker Street;

Thence west along Walker Street to its intersection with Morton Street;

Thence north along Morton Street to its intersection with Ray Drive;

Thence east along Ray Drive following its path south to its intersection with Walker Street;

Thence west along Walker Street to its intersection with Vick Avenue;

Thence west along a line that is the extension of Walker Street to its intersection with Juanita Drive, to include those properties located on the south side of Walker Street west of its intersection with Juanita Drive;

Thence south along Juanita Drive to its intersection with the northern Bond Street;

Thence east along the northern Bond Street to its intersection with Derby Avenue;

Thence north along Derby Avenue to its intersection with Johnson Street;

Thence east along Johnson Street to its intersection with Eddy Avenue;

Thence north along Eddy Avenue to its intersection with Martin Luther King Street;

Thence east along Martin Luther King Street to its intersection with Armstrong Avenue;

Thence north along Armstrong Avenue to its intersection with Parnell Street;

Thence east along Parnell Street and a line that is the extension of Parnell Street to its intersection with Sixth Avenue;

Thence south along Sixth Avenue to its intersection with Washington Street;

Thence east along a line that is the extension of Washington Street to its intersection with a line that is the extension of the west line of the 20-foot alley dedicated by the plat of the Veteran's Heights Addition in Volume 1, Page 25 P.R.G.C.T.;

Thence south along said line to its intersection with the north line of said Veteran's Heights Addition as recorded in Volume 1, Page 25 P.R.G.C.T.;

Thence east along said north line to its intersection with Ninth Avenue;

Thence south along Ninth Avenue to its intersection with Maple Row;

Thence east along a line that is the extension of Maple Row to its intersection with the city limits line (as of April 1, 2018);

Thence south along said city limits line to its intersection with Main Street;

Thence east along Main Street to its intersection with Center Avenue;

Thence south along Center Avenue to its intersection with Morgan Street;

Thence west along Morgan Street to its intersection with End Street;

Thence south along End Street to its intersection with the city limits line (as of April 1, 2018);

Thence generally south along said city limits line to its intersection with US Highway 69, Eighth Avenue, and Desvoignes Road;

Thence generally west along said city limits line to the southeast corner of the South Highlands Addition as recorded in Volume 162, Page 179, D.R.G.C.T.;

Thence west along the extension of said south line to its intersection with Spur 503;

Thence south and west along Spur 503 to its intersection with State Highway 91;

Thence north along State Highway 91 to Scullin Avenue;

Thence north along Scullin Avenue to its intersection with Hanna Street;

Thence west along Hanna Street to its intersection with the line that is the extension of Perry Avenue;

Thence north along said line to its point of connection with Perry Avenue;

Thence north along Perry Avenue to the point of beginning at the intersection of Perry Avenue and Bond Street.

28.48A.2. Permitted uses:

The RI—In addition toResidential Infill Overlay District shall not modify the uses allowed in the base zoning district of any property within the Residential Infill oOverlay District, up to four residential dwelling units shall be permitted on property within the overlay district. The permitted uses of the property shall be determined and controlled by the use regulations set forth for the primary zoning district classification for the property, unless otherwise specified in this section.

28.48A.3. Height regulations:

A. Maximum height (single-family and two-family):

1. Two and one-half (2½) stories, but not to exceed thirty-five (35) feet for main building.

2. One story - twelve (12) feet for accessory buildings, including detached garage, garden shed, gazebo, etc.

28.48A.4. Area regulations:

A. Single-family detachedResidential structures up to four (4) units.

1. Size of lots:

a) Minimum lot area - five thousand (5,000) square feet.

b) Minimum lot width - fifty (50) feet.

c) Minimum lot depth - one hundred (100) feet.

2. Size of yards:

a) Minimum front yard setback shall be generally consistent with structures on adjacent lots to preserve the form and character of the neighborhood and allow the space necessary to meet minimum off-street parking requirements. - twenty-five (25) feet. If both adjacent lots (one (1) adjacent lot for corner lots) are developed with front yard setbacks of less than twenty-five (25) feet, the minimum front yard setback may be reduced to twenty (20) feet.

b) Minimum side yard setback - ten (10) percent of the lot width, not to exceed five (5) feet, including interior and corner lots.

c) Rear yard setback - ten (10) feet.

d) Setbacks for accessory structures shall be in accordance with section 28.52.4.A.

3. Maximum lot coverage: Fifty (50) percent including main buildings and accessory buildings.

4. Off-street Pparking regulations:

a) Single-family structures. A minimum of two (2) parking spaces on a paved driveway (all concrete, asphalt, pavers, or a similar paved surface such as asphalt or turf pavers, brick pavers) shall be provided on the same lot as the main structure.

b) Two-, three-, and four-unit structures. A minimum of one (1) parking space per unit, per bedroom, not to exceed two (2) spaces per eachdwelling unit on a paved driveway (concrete, asphalt, pavers, or a similar paved surface) shall be provided..

c) Off-street parking is encouraged to be developed with access to existing alleys. The City will work with property owners to improve alley access to new structures or redevelopment projects.

5. Minimum floor area per dwelling unit — Nine Six-hundred fifty (9650) square feet. HousingDwelling units less than six-hundred fifty (650) square feet in area size must be approved by the Planning and Zoning Commission.

6. Minimum exterior construction standards — Residential structures shall be exempt from the requirements of section 28.54.2.A.1. Acceptable building materials include stone, brick, cementitious composition fiber board, and engineered wood siding. Metal and vinyl siding are prohibited.

B. Two-family (duplex).

1. Size of lots:

a) Minimum lot area - seven thousand five hundred (7,500) square feet.

b) Minimum lot width - seventy-five (75) feet.


2. Size of yards:

a) Minimum front yard setback - twenty-five (25) feet. If both adjacent lots (one (1) adjacent lot for corner lots) are developed with front yard setbacks of less than twenty-five (25) feet, the minimum front yard setback may be reduced to twenty (20) feet.

b) Minimum side yard setback - ten (10) percent of the lot width, not to exceed seven and one half (7½) feet, including interior and corner lots.

c) Minimum rear yard setback - ten (10) feet.


3. Maximum lot coverage: Fifty (50) percent including main buildings and accessory buildings.

4. Parking regulations: A minimum of two (2) parking spaces per unit on a paved driveway (all concrete or a similar paved surface such as asphalt or turf pavers, brick pavers) shall be provided on the same lot as the main structure.

5. Minimum floor area per dwelling unit — Six hundred fifty (650) square feet.

6. Minimum exterior construction standards — Structures shall be exempt from the requirements of section 28.54.2.A.1. Acceptable building materials include stone, brick, cementitious composition fiber board, and engineered wood siding. Metal and vinyl siding are prohibited.

28.48A.5. Special requirements:

A. Metal carports are allowed in the rear yard up to four hundred (400) square feet in size and metal sheds up to two hundred forty (240) square feet.

B. The building footprint of Aaccessory structurebuildings square footage size shall not be greater exceed than 40 percent% of the total floor area of the main structure.

B. Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

C. Open storage is prohibited (except for material for the resident's personal use or consumption such as fire wood, garden materials, etc., which cannot be stored in any required setback and which shall be screened from view of public streets and neighboring properties.

CD. Structures containing up to four (4) residential units shall be allowed within Tthe Residential Infill Overlay District allows a Single-Family Detached or Two-Family (duplex) units to be constructed within where the base zoning is any residential zoning districtall residentially type zoned districts. Single-Family Detached or Two-Family (duplex)All residential developments must follow the requirements of 28.48A. 3 and 4.

DE. Variations to Llot size and dimensions, setbacks, or residential structure size variations are permitted up to 320% in size or measurement listed, for all residential uses both Single-Family detached and Two-Family(duplex) lots and structures. Variation of lot size and or dimension greater than 230% shall be approved by the Planning and Zoning Commission.

EF. Architectural Diversity. For new construction in the Residential Infill Overlay District, repetition of the front façade/elevation of a new structure shall not be permitted within the same block, on both sides of the street. Changes in color, siding material type, siding texture, and mirrored elevations/floor plans are not considered changes to the architectural elevation design. Changes in window type and size, roof pitch and line, structure design, height variation, and overall design are considered changes to the façade elevation.

(Ord. No. 4946, § 3, 5-7-18)

Editor's note— Ord. No. 4946, § 3, adopted May 7, 2018, repealed § 28.48A and enacted new

provisions to read as herein set out. Former § 28.48A pertained to the RI—Residential Infill

Development—Single Family Home, and derived from Ord. No. 4717, § 1, adopted Nov. 18,

2013; Ord. No. 4869, § 3, adopted May 1, 2017; and Ord. No. 4890, § 3, adopted Aug. 7, 2017.

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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 III “ZONING DISTRICTS”,

SECTION 28.48A “RI-RESIDENTIAL INFILL OVERLAY DISTRICT”;

PROVIDING SEVERABILITY, REPEALER AND SAVINGS CLAUSES;

PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND 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 residential infill

in developed neighborhoods to encourage the most appropriate use of land in this particular

district; 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. Incorporation of Premises. The above and foregoing premises are true and

correct and are incorporated herein and made a part hereof for all purposes.

Section 2. Findings. After due deliberation and consideration of the recommendation of

the Planning and Zoning Commission and the information and other materials received at

the public hearing, the City Council has concluded that the adoption of this Ordinance is

in the best interests of the City of Denison, Texas, and of the public health, safety, and

welfare.

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Section 3. Amendment. That Chapter 28, “Zoning”, Article III, “Zoning Districts”, Section

28.48A, “RI-Residential Infill Overlay District” of the Code of Ordinances of the City of Denison,

Texas, is hereby amended to read entirely as set forth below:

28.48A.1. General purpose and description:

The City of Denison has an abundance of vacant lots located in older developed neighborhoods.

These lots have become vacant due to fire, demolition or other causes. The lots normally have

water and sewer availability and paved street frontage. The intent of this ordinance is to

encourage development and redevelopment of these areas though the modification of

development standards. Additionally, the intent of the Residential Infill Overlay District is to

ensure that new construction and redevelopment maintains and preserves the form and character

of existing neighborhoods while making odd-shaped and sized lots available for development.

Residential infill target area includes the developed areas of Denison as follows:

Beginning at the intersection of Perry Avenue and Bond Street;

Thence west along Bond Street (including properties along Bond Street) to the intersection

of Bond Street and Derby Avenue;

Thence west along the southern Bond Street to its intersection with Juanita Drive;

Thence north along Juanita Drive to its intersection with Bond Street;

Thence west along Bond Street to its intersection with Mauk Street;

Thence north along Mauk Street to its intersection with Walker Street;

Thence west along Walker Street to its intersection with Layne Drive;

Thence north along Layne Drive to its intersection with Walker Street;

Thence west along Walker Street to its intersection with Morton Street;

Thence north along Morton Street to its intersection with Ray Drive;

Thence east along Ray Drive following its path south to its intersection with Walker Street;

Thence west along Walker Street to its intersection with Vick Avenue;

Thence west along a line that is the extension of Walker Street to its intersection with

Juanita Drive, to include those properties located on the south side of Walker Street west of

its intersection with Juanita Drive;

Thence south along Juanita Drive to its intersection with the northern Bond Street;

Thence east along the northern Bond Street to its intersection with Derby Avenue;

Thence north along Derby Avenue to its intersection with Johnson Street;

Thence east along Johnson Street to its intersection with Eddy Avenue;

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Thence north along Eddy Avenue to its intersection with Martin Luther King Street;

Thence east along Martin Luther King Street to its intersection with Armstrong Avenue;

Thence north along Armstrong Avenue to its intersection with Parnell Street;

Thence east along Parnell Street and a line that is the extension of Parnell Street to its

intersection with Sixth Avenue;

Thence south along Sixth Avenue to its intersection with Washington Street;

Thence east along a line that is the extension of Washington Street to its intersection with a

line that is the extension of the west line of the 20-foot alley dedicated by the plat of the

Veteran's Heights Addition in Volume 1, Page 25 P.R.G.C.T.;

Thence south along said line to its intersection with the north line of said Veteran's Heights

Addition as recorded in Volume 1, Page 25 P.R.G.C.T.;

Thence east along said north line to its intersection with Ninth Avenue;

Thence south along Ninth Avenue to its intersection with Maple Row;

Thence east along a line that is the extension of Maple Row to its intersection with the city

limits line (as of April 1, 2018);

Thence south along said city limits line to its intersection with Main Street;

Thence east along Main Street to its intersection with Center Avenue;

Thence south along Center Avenue to its intersection with Morgan Street;

Thence west along Morgan Street to its intersection with End Street;

Thence south along End Street to its intersection with the city limits line (as of April 1,

2018);

Thence generally south along said city limits line to its intersection with US Highway 69,

Eighth Avenue, and Desvoignes Road;

Thence generally west along said city limits line to the southeast corner of the South

Highlands Addition as recorded in Volume 162, Page 179, D.R.G.C.T.;

Thence west along the extension of said south line to its intersection with Spur 503;

Thence south and west along Spur 503 to its intersection with State Highway 91;

Thence north along State Highway 91 to Scullin Avenue;

Thence north along Scullin Avenue to its intersection with Hanna Street;

Thence west along Hanna Street to its intersection with the line that is the extension of Perry

Avenue;

Thence north along said line to its point of connection with Perry Avenue;

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Thence north along Perry Avenue to the point of beginning at the intersection of Perry

Avenue and Bond Street.

28.48A.2. Permitted uses:

In addition to the uses allowed in the base zoning district of any property within the Residential

Infill Overlay District, up to four (4) residential dwelling units shall be permitted on property

within the overlay district. The permitted uses of the property shall be determined and controlled

by the use regulations set forth for the primary zoning district classification for the property,

unless otherwise specified in this section.

28.48A.3. Height regulations:

A. Maximum height (single-family and two-family):

1. Two and one-half (2½) stories, but not to exceed thirty-five (35) feet for main building.

2. One story - twelve (12) feet for accessory buildings, including detached garage, garden

shed, gazebo, etc.

28.48A.4. Area regulations:

A. Residential structures up to four (4) units.

1. Size of lots:

a) Minimum lot area - five thousand (5,000) square feet.

b) Minimum lot width - fifty (50) feet.


2. Size of yards:

a) Minimum front yard setback shall be generally consistent with structures on adjacent

lots to preserve the form and character of the neighborhood and allow the space

necessary to meet minimum off-street parking requirements.

b) Minimum side yard setback - five (5) feet, including interior and corner lots.

c) Rear yard setback - ten (10) feet.


3. Maximum lot coverage: Fifty percent (50%) including main buildings and accessory

buildings.

4. Off-street parking regulations:

a) Single-family structures. A minimum of two (2) parking spaces on a paved driveway

(concrete, asphalt, pavers, or a similar paved surface) shall be provided on the same lot

as the main structure.

b) Two-, three-, and four-unit structures. A minimum of one (1) parking space per unit,

per bedroom, not to exceed two (2) spaces per dwelling unit on a paved driveway

(concrete, asphalt, pavers, or a similar paved surface) shall be provided.

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c) Off-street parking is encouraged to be developed with access to existing alleys. The

City will work with property owners to improve alley access to new structures or

redevelopment projects.

5. Minimum floor area per dwelling unit — Six-hundred fifty (650) square feet. Dwelling

units less than six-hundred fifty (650) square feet in area must be approved by the

Planning and Zoning Commission.

28.48A.5. Special requirements:

A. Metal carports are allowed in the rear yard up to four hundred (400) square feet in size and

metal sheds up to two hundred forty (240) square feet.

B. The building footprint of accessory buildings shall not exceed forty percent (40%) of the total

floor area of the main structure.

C. Structures containing up to four (4) residential units shall be allowed within the Residential

Infill Overlay District where the base zoning is any residential zoning district. All residential

developments must follow the requirements of 28.48A.3 and 28.48A.4.

D. Variations to lot size and dimensions are permitted up to thirty percent (30%) for all

residential uses. Variation of lot size and or dimension greater than thirty percent (30%) shall

be approved by the Planning and Zoning Commission.

E. Architectural Diversity. For new construction in the Residential Infill Overlay District,

repetition of the front façade/elevation of a new structure shall not be permitted within the

same block, on both sides of the street. Changes in color, siding material type, siding texture,

and mirrored elevations/floor plans are not considered changes to the architectural elevation

design. Changes in window type and size, roof pitch and line, structure design, height

variation, and overall design are considered changes to the façade elevation.

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. Penalty. Any person, firm, entity or corporation who violates any provision of this

Ordinance or Denison’s Comprehensive Zoning Ordinance, Chapter 28, as they exist or may be

amended, shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined

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in a sum not exceeding Two Thousand and No/100 Dollars ($2000.00). Each continuing day’s

violation shall constitute a separate offense. The penal provisions imposed under this Ordinance

shall not preclude Denison from filing suit to enjoin the violation. Denison retains all legal rights

and remedies available to it pursuant to local, state and federal law.

Section 7. Publication and Effective Date. This Ordinance shall become effective immediately

upon its adoption and its publication as required by law.

Section 8. 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 September 21, 2020.

JANET GOTT, MAYOR

ATTEST:



Staff Report

Agenda Item

Receive a report, hold a discussion, conduct a public hearing and receive testimony from the Code

Compliance Manager on the unsafe conditions of the posted structure at 925 W. Baker and take action.

After the conclusion of the public hearing, the Council may issue an order authorized by Chapter 214

of the Texas Local Government Code, including but not limited to securing the building from entry, or

the repair, vacation, removal or demolition of the structures and may access civil penalties.

Staff Contact

Robert Lay, Code Compliance Manager

[email protected]

903-465-2720 ext. 2457

Summary

Structure worked for Minimum Property Standards on June 15, 2020.

Demolition case started on August 20, 2020.

Owners notified on September 9, 2020 of public hearing.

Appraised value of the improvement for 2020 is $28,328

Taxes due total $1,055.85. Taxes have not been paid since 2017.

No water service at the structure since April 15, 2019

The structure is a nuisance, has roof damage, structure is not weather tight and is unfit of

occupancy.


Staff recommends declaring the structure unsafe and authorize the demolition and removal of the

structure including concrete slab, removal of any accessory buildings, fences and rubbish on the

property.

Recommended Motion

“I move to declare the structure at 925 W. Baker a nuisance and unsafe, to order demolition and to

authorize staff to proceed with the demolition process.”


It has been determined after a detailed inspection that the structure at 925 W. Baker is dilapidated

and/or unsafe and a nuisance in the neighborhood. Structure was posted as unsafe on August 20, 2020.

The property owners and interested parties were notified on September 9, 2020 of the public hearing.

The has been no water service at the structure since April 15, 2019. The appraised value of the

structure is $28,328 for 2020. A total of $1,055.85 is owned in taxes. No taxes have been paid since

2017. The structure is an attractive nuisance. The structure is not weather tight. The structure has roof

damage and is not fit for occupancy.


Budgeted Item in Department 58


None

Alternatives

1)Declare structure unsafe and authorize demolition. Grant extension for repairs, allowing the property

owners ten (10) days from the date of the hearing to pull required permits and six (6) months complete

repairs. Failure to meet either requirement will result in moving forward with the demolition process.

2) Declare structure safe and allow to remain in its current condition.

925 W. BAKER


Staff Report

Agenda Item

Receive a report, hold a discussion and take action on entering into a Professional Services Agreement

with Podolsky Properties, LLC for payment of Consulting services related to engineering, planning,

and other costs related to the development of Podolsky Properties’ 118.09 acre site.

Staff Contact

Judson J. Rex, City Manager

903-464-4440

[email protected]

Summary

Podolsky Properties, LLC, or the owner, controls an approximate 118.09-acre tract of land in

the Denison City Limits and ETJ.

The owner plans to develop a mixed-use development with various types of residential uses and

commercial uses along the US 75 frontage.

The proposed Professional Services Agreement will allow the City to contract with professional

service providers such as engineers and planners, the cost of which will be borne by the

property owners.


Staff recommends approval of the Professional Services Agreement.

Recommended Motion

“I move to approve entering into a Professional Services Agreement with Podolsky Properties, LLC for

payment of Consulting services related to engineering, planning, and other costs related to the

development of Podolsky Properties’ 118.09 acre site, and for the City Manager to execute the same.”


For the past several months, staff has been working closely with property owners and agents

representing Podolsky Properties, LLC on a potential mixed-use development at the southwest corner

of Stafford Drive and US 75.The owners control approximately 118 acres of land in this area, some of

which is located in Denison city limits and some within ETJ. The owners plan to develop a mixed-use

development consisting of various types of residential uses, and commercial uses along the US 75

frontage. In addition, the owners plan to pursue the possible creation of a Public Improvement District

(PID) in order to finance the cost of providing the necessary infrastructure and amenities for the

development.

In order to effectively plan this area for transportation connectivity and land use, additional work is

needed by the City and the owners. The proposed Professional Services Agreement will allow the City

to contract with professional service providers such as engineers and planners, the cost of which will

be borne by the property owners. The agreement specifies that the Developer will deposit $10,000 with

mailto:[email protected]

the city to be used for professional services related to the planning of the development. Once less than

$2,000 remains of the developer’s contribution, an additional $5,000 will be provided to the City.

The City Attorney has drafted the proposed PSA for the development, and staff recommends approval

of the proposed Professional Services Agreement.


None. If approved, Podolsky Properties will submit a $10,000 deposit to the City within 30 days of

Agreement execution from which Professional Consulting Service invoices will be paid. If the balance

of the deposit falls below $2,000, funds will be added by Podolsky Properties in $5,000 increments.


No prior Council actions.

Alternatives

Council may disapprove, table, or modify the agreement.

IN WITNESS WHEREOF, this Professional Services Agreement has the Effective Date as of the day and year first written above.

STATE OF TEXAS

COUNTY OF ------

§

§

§

CITY:

CITY OF DENISON, TEXAS

By: __________ _ Janet Gott, Mayor

This instrument was acknowledged before me on the __ day of _______ 2020, by _______ , Janet Gott, Mayor of the City of Denison, on behalf of the City.

Notary Public, State of Texas

Page 7 of 10

DEVELOPER:

-ofi. �i f�fe-�nq

STATE OF TEXAS § §

COUNTY OF COLLJN- §

Y,/2

,.:f-/(\.f('\ s T ·s inst ment w�s acknowledged before me on the \.S day of �ee�'<t'-\,e., 2020, by<1"' \ , 1/. Q. _ � , a Texas I...LC.. , onbehalfofthe veloper/enti�- ��

,,,11,,, �'l.r-!!uJ,

.,_,GEORGE RIDDLE

�:.A.:�uvcoMMtsstoNEXPIRES Notary Public, State of Texas �\'�'�§' JUNE 28, 2022 ,,,:f.�"' NOTARY ID: 131625776

Page 8 of 10

EXIDBIT A

PROPERTY DESCRIPTION AND MAP

PID Acres Location

148445 72.87 ETJ

148471 17.08 ETJ

148472 5.00 ETJ & City

Limits

148464 1.44 City Limits


148449 10.75 ETJ & City

Limits

















362017 0.96 ETJ

403597 2.52 ETJ

Total 118.09

Page 9 oflO

CITY OF DENISON CITY COUNCIL MEETING AGENDA...x Owners notified on September 9, 20 20 of public...

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Transcript of CITY OF DENISON CITY COUNCIL MEETING AGENDA...x Owners notified on September 9, 20 20 of public...