CITY OF DENISON CITY COUNCIL MEETING AGENDA Monday, June 15, 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, June 15, 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 action 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 June 1, 2020. B. Receive a report, hold a discussion and take action on a Resolution authorizing the City Manager to negotiate and execute right of way agreements with various property owners related to the Flora Lane Reconstruction Project.
Transcript
CITY OF DENISON
CITY COUNCIL MEETING
AGENDA
Monday, June 15, 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, June 15, 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 action 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 June 1, 2020.
B. Receive a report, hold a discussion and take action on a Resolution authorizing the City
Manager to negotiate and execute right of way agreements with various property owners
related to the Flora Lane Reconstruction Project.
4. PUBLIC HEARINGS
A. Receive a report, hold a discussion, conduct a public hearing, and take action on an
ordinance amending the zoning code (Chapter 28) regarding fence design and siting
standards.
B. Receive a report, hold a discussion, conduct a public hearing, and take action on an
ordinance amending the zoning code (Chapter 28) adding new grading regulations.
C. Receive a report, hold a discussion, conduct a public hearing and take action on an
ordinance changing the zoning regarding Lots 1, 2, and 3, in Block 4 of Stoneman’s
Addition, Denison Texas, more commonly known as 330 West Munson Street, from
Neighborhood Services to Two-Family Duplex. (Case No. 2020-039Z)
D. Receive a report, hold a discussion, conduct a public hearing and take action on an
ordinance changing the zoning of Lot 14, Block 18, Original Town Plat of Denison Texas,
more commonly known as 109 West Morton Street, from Commercial to Single-Family 5.
(Case No. 2020-041Z)
E. Receive a report, hold a discussion and conduct a public hearing to receive testimony from
the Code Compliance Manager on the updated condition of the structure at 414 E. Shepherd
and take action. After the conclusion of the public hearing, the Denison City Council is
empowered to determine whether the property has successfully met the conditions to
declare the property no longer is unsafe and a nuisance, in the interest of the public safety
and health of the citizens of Denison and to rescind the previous demolition order.
5. 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 12th day of June 2020, before 6:00 PM.
______________________________
Christine Wallentine, City Clerk
In compliance with the Americans With Disabilities Act, the City of Denison will provide for reasonable
accommodations for persons attending City Council meeting. To better serve you, requests should be received 48
hours prior to the meetings. Please contact the City Clerk’s Office at 903-465-2720, Ext: 2437.
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MINUTES OF
CITY COUNCIL MEETING
CITY OF DENISON
MONDAY, JUNE 1, 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, Teresa Adams, Obie Greenleaf, J.C. Doty, Robert Crawley and Kristofor Spiegel. 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
Edwin Clark, Pastor of First Christian Church of Denison, gave the Invocation, which was
followed by the Pledge of Allegiance and Texas Pledge led by Denison Police Officer, Jorge
Molina.
2. PROCLAMATION AND PRESENTATIONS
A. Presentation of Certificates of Election to Council Member Doty and Council Member
Spiegel.
Council Action
Christine Wallentine, City Clerk, presented the Certificates of Election to Council Member
Doty, unopposed candidate for Single Member District, Place 3, and Council Member
Kristofor Spiegel, unopposed candidate for At-Large, Place 5. Ms. Wallentine announced
that both Council Members were sworn in by her on May 12, 2020 in Council Chambers.
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.
4. CONSENT AGENDA
A. Receive a report, hold a discussion and take action on the minutes from the regular City
Council Meeting held on May 18, 2020.
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Council Action
On motion by Mayor Pro Tem Adams, seconded by Council Member Spiegel, the City
Council unanimously approved the Consent Agenda as presented.
5. PUBLIC HEARINGS
A. Receive a report, hold a discussion and conduct a public hearing to receive testimony from
the Code Compliance Manager on the unsafe condition of the posted structure at 427 E.
Maple Row 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.
Council Action
Robert Lay, Code Compliance Manager, reported that on May 19, 2020, Alan J.
Rowbotham, Audrey Rowbotham and Henry Blevins, were given notice of violation or to
repair or demolish the structure at 427 E. Maple Row. The owners have failed to comply
with the notice. This structure is unsafe in accordance with Chapter 13, Article V, Section
13-157 (5), (8) and (14) of the Denison Code of Ordinances. The property was worked for
minimum property standards in June 2019 with no results. The structure has since been
vacated. The appraised value of the improvement for 2020 is $14,465. The taxes are
current. There has been no water service at the structure since January 7, 2020. Mr. Lay
presented a PowerPoint which showed the condition of the property. The structure is a
nuisance in the neighborhood. The structure is open and evidence of vagrant activity is
observed. The structure is not weather tight and is a danger to collapse. A record of the
violations, notices and unsafe condition of the property are on file in the Code Compliance
Department. Staff is requesting Council to declare the structure unsafe and order its
removal.
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 Hander, seconded by Council Member Doty, the City
Council unanimously approved declaring the structure at 427 E. Maple Row a nuisance and
unsafe, ordered demolition and authorized staff to proceed with the demolition process.
B. Receive a report, hold a discussion and conduct a public hearing to receive testimony from
the Code Compliance Manager on the unsafe condition of the posted structure at 428 W.
Elm and take action. After the conclusion of the public hearing, the Council may issue an
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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.
Council Action
Robert Lay, Code Compliance Manager, reported that on May 19, 2020, Robert Harris,
Dorothy Harris and Robert Harris, Jr., were given notice of violation or to repair or demolish
the structure at 428 W. Elm. The owners have failed to comply with the notice. This
structure is unsafe in accordance with Chapter 13, Article V, Section 13-157 (8), (13) and
(14) of the Denison Code of Ordinances. The appraised value of the improvement for 2020
is $50,008. Current taxes owed total $16,256 and have not been paid since 2006. There has
been no water service at the structure since August 12, 2015. Mr. Lay presented a
PowerPoint which showed the condition of the property. The structure is a nuisance in the
neighborhood. The structure is open and evidence of vagrant activity is observed. The
structure is not weather tight and the roof is in poor condition. A record of the violations,
notices and unsafe condition of the property are on file in the Code Compliance Department.
Staff is requesting Council to declare the structure unsafe and order its removal.
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 declaring the structure at 428 E. Elm a nuisance and unsafe,
ordered demolition and authorized staff to proceed with the demolition process.
C. Receive a report, hold a discussion and conduct a public hearing to receive testimony from
the Code Compliance Manager on the unsafe condition of the posted structure at 920 W.
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 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.
Council Action
Robert Lay, Code Compliance Manager, reported that on May 19, 2020, Ruth Haning
Fagan, Mary Lambert, James Alfred Haning and the Estate of Ruth Laverne Fagan, , were
given notice of violation or to repair or demolish the structure at 920 W. Chase. The owners
have failed to comply with the notice. This structure is unsafe in accordance with Chapter
13, Article VII, Section 13-157 (7), (8), (13) and (14) of the Denison Code of Ordinances.
The appraised value of the improvement for 2020 is $3,140.00. The taxes are current. There
has been no water service at the structure since August 6, 2003. Mr. Lay presented a
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PowerPoint which showed the condition of the property. The structure is a nuisance in the
neighborhood. The structure is not weather tight, the roof is in poor condition and the
structure is leaning due to foundation failure. A record of the violations, notices and unsafe
condition of the property are on file in the Code Compliance Department. Staff is requesting
Council to declare the structure unsafe and order its removal.
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 Mayor Pro Tem Adams, seconded by Council Member Greenleaf, the City
Council unanimously approved declaring the structure at 920 W. Chase a nuisance and
unsafe, ordered demolition and authorized staff to proceed with the demolition process.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Receive a report, hold a discussion and take action on the appointment of a Mayor Pro Tem
to serve a one-year term.
Council Action
Mayor Gott stated that each year following the election, the Mayor Pro Tem position rotates
to another Council Member. Mayor Gott thanked Teresa Adams for serving in this position
for the last year and the great job she did. Mayor Gott then asked for a motion from the
Council for the Mayor Pro Tem position.
On motion by Mayor Pro Tem Adams, seconded by Council Member Hander, the City
Council unanimously approved the appointment of Council Member J.C. Doty to serve as
Mayor Pro Tem for a one-year term.
B. Receive a report, hold a discussion and consider entering into a contract with Piazza
Construction for Construction Manager at Risk, or CMaR, services for Phase One of the
Designing Downtown Denison, or D3, Project, and authorize the City Manager to execute
the same.
Council Action
Judson Rex, City Manager, stated he was excited to recommend we move forward with the
next step in the D3 Project. Mr. Rex then provided some background information on the
selection process. The Request for Proposals was issued on January 27, 2020. A pre-
submittal conference was held on February 11, 2020. There were two proposals submitted
by the February 26, 2020 deadline. One was from Piazza Construction and the other from
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Hill & Wilkinson General Contractors. The Design Steering Committee made up of
individuals from City Staff as well as downtown stakeholders conducted two rounds of
interview and thoroughly vetted both firms. Mr. Rex stated he was happy to recommend
Piazza Construction as the firm to move forward with as the Construction Manager at Risk
on the D3 Project. Piazza Construction really stood out with their staff’s experience, the
project experience and they have certainly done a number of projects for the City before.
They have a competitive fee and we feel that they can meet the scheduling needs for the
project. Staff is recommending that we move forward to pre-construction with Piazza
Construction. June 1, 2020, the City Council will consider the pre-construction contract.
Assuming the contract is approved, in mid-June we will have the pre-construction kickoff
meeting. From June thru September Piazza Construction will be working with Toole Design
Group, the Design Steering Committee and the City to do the pre-construction work, which
will take the plans from where they are at right now, will bid out the different components
of the project and get more precise pricing on the project, do some value engineering and
further the design work. Hopefully, sometime in October Piazza Construction will submit a
Guaranteed Maximum Price and schedule to be considered at that time together with the full
context of the economy and other factors to move the project along. Staff is recommending
moving forward with pre-construction and engaging Piazza Construction. The fee for pre-
construction will be $12,000.
There was no discussion or questions from Council.
On motion by Council Member Greenleaf, seconded by Council Member Spiegel, the City
Council unanimously approved a contract with Piazza Construction for Construction
Manager at Risk, or CMaR, services for Phase One of the Designing Downtown Denison, or
D3, Project, and authorize the City Manager to execute the same, subject to final legal review
and approval.
C. Receive a report, hold a discussion and take action on a Commercial Lease for the property
located at 400 West Chestnut for use as a public parking lot and authorize the City Manager
to execute the same.
Council Action
Judson Rex, City Manager, presented a proposed property lease for 400 W. Chestnut Street
for Council’s consideration. The leased site is located on the corner of Chestnut and Burnett,
it is the old Farmer’s Market site. The proposed lease is a 10-year lease, commencing on
June 1, 2020. The lease amount is $1,000 per month until a Certificate of Occupancy is
issued for the Denison Hotel, at which time the lease amount will go to $2,000 per month.
The City plans to develop the site into a parking lot. The site will be cleared, repaved and
striped for parking. We will work with our Public Works folks to demolish the existing
canopies and structures that are on the site. The City believes it can get about 60 parking
spaces into this lot, depending on the layout. We also want to improve the sidewalk around
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the lot to make sure it is accessible. This will not only help during the construction project
to provide off street parking, but it will also be long term a good move for the City to have
additional public parking within one block of Main Street and near a key site, which is the
Denison Hotel. It will also provide some overflow parking for football games at Munson
Stadium and other events at Forest Park. As far as how we would pay for the improvements
up front, its going to be a combination of our street improvement funds and TIRZ #3 funds.
Long term we would pay for the lease out of TIRZ #3 ($12,000 per year). Staff recommends
approval of the lease.
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 Commercial Lease for the property located at 400 West
Chestnut for use as a public parking lot and authorized the City Manager to execute the same.
D. Receive a report, hold a discussion and take action on a resolution directing the publication
of notice of intention to issue combination tax and revenue certificates of obligation.
Council Action
Renee Waggoner, Finance and Administrative Services Director, reported that we were here
tonight to take action on a resolution directing the publication of notice of intention to issue
combination tax and revenue certificates of obligation. We did this just a few months back
on the West End Fire Station and the ladder truck. Now we feel comfortable enough to move
forward with our streets and water/sewer projects. During the Fiscal Year 2020 budget
process, staff brought before Council certain improvement projects and equipment for
approval. Among the requests were: (a) waterworks and sewer system improvements based
on the Utilities Capital Improvement Plan (CIP) (Utility projects covered under this bond
include, but not limited to Theresa Water Line, Secondary Clarifier Troughs, Utilities for
street reconstruction projects on Loy Lake Road as well as Flora Lane & Waterloo Lake
Drive and the Grayson Water Tower), (b) street improvements based on the Street CIP (Street
projects covered under this bond include Flora Lane, Loy Lake Road and Waterloo Lake
Drive). On September 16, 2019, the Council approved moving forward with the
improvement projects and equipment and adopted a reimbursing resolution. Council
approved ordinances in April for refunding of previous bonds and for the West End Fire
Station remodel and for a Ladder Truck for Denison Fire Rescue. Staff is now bringing
before Council a resolution for publication of notice of intent to issue combination tax and
revenue certificates of obligations for the above improvement projects and equipment. If
approved, the next steps will be for staff to cause to be published the required notice, on two
separate occasions, in the Herald Democrat and will also post notice on the City’s website,
as required by law. Once the publication has run and all noticing is completed, Staff will
bring back to the August 3, 2020 Council meeting, a proposed ordinance for Council to
consider which will authorize issuance of the Certificates. The water and sewer amount is
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$4.5 million and those payments will come from the utility bond fund via transfer from the
Water/Sewer Operating Funds. The street improvements total $7.2 million and those
payments will come from property taxes set aside for streets in the Street Improvement Fund.
Staff recommends approval of the resolution.
There was no discussion or questions from Council.
On motion by Council Member Adams, seconded by Council Member Greenleaf, the City
Council unanimously approved Resolution No. 4008, RESOLUTION DIRECTING THE
PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND
REVENUE CERTIFICATES OF OBLIGATION.
7. PROJECT UPDATES
A. Provide an update on downtown minimum property standards initiatives.
Council Action
Robert Lay, Code Compliance Manager, provided an update on the downtown minimum
property standards initiatives and the work Code Compliance has been doing over the past
few years in downtown. Back in 2012, when the Council adopted the minimum property
standards ordinance, the Council provided a target area of what they were going to focus on
for the year. Back in 2018, it was decided to work minimum property standards in the
downtown area. This has been a collaboration with Planning and Zoning, Main Street, the
Building Department and Historic Preservation, as well as DDA. The team has met with
property owners, been on the phone and been in meetings with these guys for hours just
trying to help them have ideas and help they to get off high center to give them a kick start
to get going. When this was first proposed back in 2018, some of the things we were looking
at were building facades, the signage and the alleys. To date, Code Compliance has
completed 24 projects downtown and have 6 on-going projects. Mr. Lay then showed a
PowerPoint presentation which showed some before and after pictures of the project
successes, which included the façades at 312 W. Main, the façade, both sides of the building
and the awning at 312 W. Chestnut, the east wall at 605 W. Main Street, the back of the
building in the alleyway at 130 W. Main, and the back of building in the alleyway at 510 W.
Main Street. Mr. Lay provided an update on the on-going projects in downtown which
included 201 W. Main, which is the old pawn shop building right on the corner of Austin
and Main. Not long after we started minimum property standards, these owners did go to
Historic Preservation to get a plan approved and it was denied. Their project seemed to high
center here. Last summer the team met with the property owners on site to get them off high
center and they have been working on their plan really since then. They will be going to a
Historic Preservation meeting next month to get approval for conditional plans they have
presented. Mr. Lay then provided an update on 207 W. Main, which currently has a
computer store in the bottom. Unfortunately, not much head way has been made. It appears
the notices have been ignored. At the Historic Preservation meeting on Tuesday, June 2nd,
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the Board will be voting on whether or not to open a demolition by neglect case. We are not
talking about tearing the building down, but rather determining the owner is allowing the
building to deteriorate on its own. Not that the City is trying to move in to demo the building.
So, the Historic Preservation Board will hear this case tomorrow. The biggest project in
downtown is the Denison Hotel, which they are actively working on. We know that Casey’s
team is going to do a great job. Mr. Lay then went on to discuss high visibility minimum
property standard initiatives to include main corridors through Denison, areas around City
Parks and areas around schools. The main corridors include Austin Avenue, Morton St./FM
120, Woodlawn/Armstrong, Crawford Street and Texoma Parkway. To date, Code
Compliance has completed 72 projects and has 42 on-going projects. Mr. Lay then showed
a PowerPoint of some of the high visibility successes which include the old Cole
Construction building on Morton Street, a small Twice the Ice store which was repainted
and new decals put on, and a residence on Crawford street. Moving forwarding with
minimum property standards the Code Compliance team is going to get into the focus areas
which will be strategic areas within neighborhoods such as areas of recent development and
areas with current and on-going redevelopment. Staff has identified over 100 residences
within the focus areas. They will also continue to focus on high visibility areas and
downtown. We want to open up a dialogue with these property owners and work with them
through the process. We have some funds available through CDBG to help if a property
owner qualifies.
The Council Members and the Mayor congratulated Mr. Lay and his team on the great work
and stated they have been working hard.
There was no further discussion or questions from Council.
No action taken. Informational presentation only.
8. EXECUTIVE SESSION
The Council then adjourned into Executive Session at 6:39 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. Consult with City Attorney on laws related to public improvement districts, tax
increment reinvestment zones and potential development in the ETJ.
2. Consultation with City Attorney regarding administrative complaint styled T.G. and
M.G. a/n/f J.G. v. Denison Independent School District
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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.
1. Receive update related to complaint filed by M.G. relating to school resource officer(s).
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.
RECONVENE INTO REGULAR SESSION
The Council then reconvened into Regular Session at 7:34 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. Consult with City Attorney on laws related to public improvement districts, tax
increment reinvestment zones and potential development in the ETJ.
2. Consultation with City Attorney regarding administrative complaint styled T.G. and
M.G. a/n/f J.G. v. Denison Independent School District.
Council Action
No action taken with regard to Items 1 and 2 above.
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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.
1. Receive update related to complaint filed by M.G. relating to school resource
officer(s).
Council Action
No action taken.
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.
There being no further business to come before the Council, the meeting adjourned at 7:35 p.m.
____________________________________
JANET GOTT, Mayor
Attest:
_______________________________
Christine Wallentine, City Clerk
City Council Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion and take action on a Resolution authorizing the City Manager to
negotiate and execute right of way agreements with various property owners related to the Flora Lane
link fences must be coated when visible from the public view but would be prohibited in front yards.
Additionally, minimum design standards to promote quality and uniformly appearing fencing on
properties is included. Various non-substantive text cleanups are also proposed.
Comprehensive Plan Consistency
This amendment improves urban design quality, balancing public and private interests. As such, this
amendment is consistent with the Comprehensive Plan vision of improving the city and attracting new
investment.
Other Findings
Staff and the Commission found this amendment to be consistent with the purpose of the zoning code
to further the orderly use and development of land because urban design quality would be improved.
Procedural Requirements
Section 28.10 et seq. sets forth the process for amending Chapter 28, zoning code. Public notice of this
amendment was published in the Herald Democrat on May 9th, 2020.
Financial Considerations
N/A
Prior Board or Council Action
The Planning and Zoning Commission considered this amendment at its April 14, 2020 regular meeting and provided feedback to staff:
Be granular about the requirements;
Distinguish between land use categories;
Distinguish between areas with higher public visibility and more private areas;
Address safety; and
Eight-foot fence height OK in areas with limited public view.
At its May 26, 2020 regular meeting, the Commission considered the revised fence standards, accepting the proposed changes and added the change regarding chain link fences.
Alternatives
The City Council could choose not to adopt the ordinance. This alternative is not recommended
because the existing code would hinder the furtherance of quality urban design.
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ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENISON,
TEXAS, AMENDING THE CODE OF ORDINANCES AT CHAPTER 28
“ZONING” BY AMENDING ARTICLE V “DEVELOPMENT
STANDARDS”, SECTION 28.53 “FENCE, SCREENING AND WALL
REGULATIONS.”; 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 fencing
requirements to encourage the most appropriate use of land in the various zoning districts; 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.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DENISON, TEXAS:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2. Amendment. That Chapter 28, “Zoning”, Article V, “Development
Standards”, Section 28.53, “Fence, screening and wall regulations.” of the Code of Ordinances of
the City of Denison, Texas is hereby amended as set forth below (with additions being reflected
as underscored and the removals being reflected as strike-through):
28.53.1. Purpose:
To encourage the most appropriate use of land; conserve and protect the privacy and value of
adjacent permitted uses and promote good urban design in the public realm. Regulations are
prescribed for the location and type of various screening devices to be used when required in
the various zoning districts or in this section in accordance with the following standards.
28.53.2. General fence and screening requirements for AH Districts:
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A. A permit from the Building Inspections Department Office of the Chief Building Official
shall be required for the construction, repair, or replacement of all fences and screening walls,
except for replacement or repair of an existing segment of fence in conformance with this
Chapter for which a permit was previously issued that is not more than 20 feet in length.
B. Fences around swimming pools shall comply with the City of Denison's Code of
Ordinances and Texas Health and Safety Code Chapter 757. All swimming pools must be
enclosed by a fence with a minimum height of four (4) feet and with self-latching gates.
C. Fencing for a Tennis tennis court fencing is allowed in all zoning districts and shall be a
maximum twelve (12) feet in height, except within a yard that abuts a street and is in the
public view.
D. All fences shall comply with the sight visibility requirements for landscaping set forth
in Section 28.51.7 and as shown in Appendix "A" Illustration 5 and as set forth in Section
28.55.8.
E. The following materials are prohibited for use as fences:
1. Metal panels or corrugated sheet metal panels except as allowed in subsection 28.53.5.1.E
below.
2. Plywood and/or loading pallets.
3. Any welded wire fabric unless specifically allowed by this section.
4. Barbed or barbless agricultural wire, such as hog wire, poultry wire, cattle panels, or
electrical fencing unless used to enclose pastures, cropland or agricultural activities or
approved in conformance with subsection 28.53.5.E.
5. Pipe and cable fencing unless specifically allowed by this section.
F. When chain link fencing is used, it shall include metal posts, post caps and metal top rails.
When a chain link fence is in the public view, it shall be coated, such as with vinyl or similar.
Chain link fencing is prohibited in any front yard.
G. In the H (Historic Overlay District), a Certificate of Appropriateness must be approved
before a permit can be issued for construction.
H. Fences within the public view when the property abuts a master thoroughfare plan
roadway, as designated in the City’s Comprehensive Plan, which is incorporated by reference
pursuant to Section 17-26, shall be designed to fully screen structural elements of the fence
that are not equally visible on both sides of the fence such that the finished side of the fence
faces outward toward the street and public view. Such fences shall not exceed six (6) feet in
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height, except for residential land uses, when within the required yard area, Section 28.53.4
B. applies.
I. Fences shall be maintained in good condition to include but not limited to structural
integrity, consistent materials and consistent color.
J. Fences required to be at least fifty (50) percent open by this Chapter shall not have vertical
pickets or similar solid features in between structural posts that exceed three (3) inches in
width.
K. Exceptions to this Section 28.53 may be authorized by the Office of the Chief Building
Official when a conflict exists with an expressed safety-related requirement of the Denison
Code of Ordinances.
L. All fence materials shall be durably painted or stained, except integrally colored masonry
fences.
28.53.3. Screening required between non-residential and residential uses:
A. In the event that the property line of a multi-family use, nonresidential use, or
manufactured/mobile home park is adjacent to the property line of a single-family, two-
family or residential PD district, or in the event that the property line of any nonresidential
district is adjacent to a multiple-family district, a screening wall or fence of not less than six
(6) feet, nor more than eight (8) feet in height shall be erected on the property line separating
these properties. The purpose of the screening wall or fence is to provide a visual and
protective barrier between the properties. The construction material for such screening fences
may be wood stockade with metal poles, masonry, brick, stone or another approved material.
1. The owner of the multi-family property shall be responsible for and shall build and
maintain the required screening wall or fence on the property line dividing the property from
the single-family or duplex residential district. This construction requirement applies only
when multi-family is adjacent to residential uses.
2. When screening is required between nonresidential and residential uses, it shall be the
responsibility of the owner of the property with the nonresidential use to construct and
maintain the screening wall or fence.
3. Any screening wall or fence required under the provisions of this section or under a
conditional use permit, planned development district, or other requirement shall be
constructed of masonry, reinforced concrete, wood or other similar suitable permanent
materials that do not contain openings except gates. Gates shall be equal in height and
screening characteristics to the wall or fence.
4. The Planning and Zoning Commission may approve alternative equivalent screening
through the site plan approval process in Section 28.13. A solid living screen consisting of
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landscaping that will achieve a minimum height of six (6) to eight (8) feet within two (2)
years may be considered by the Commission as an alternative screening equivalent. The
living screen must be irrigated by an automatic irrigation system which shall be constructed
and maintained by the property owner requesting the approval of the alternative screening.
5. The screening wall and fence may extend into the front yard setback of the non-residential,
multi-family or mobile home district at the minimum height unless restricted by the sight
visibility easements in subsection 28.51.7.
6. The screening fence/wall shall be finished on both sides in a manner/color that is
compatible to the exterior finish materials used on the nonresidential or multi-family
buildings.
28.53.4. Residential fences and walls:
A. Any fence or wall located to the rear of the front face of the main residential structure
within a rear or side yard setback that is also not within the front or street side yard setback
shall not exceed a total of eight (8) feet in height measured from grade and including the
height of a functional retaining wall.
B. No fence or wall shall be permitted between the street and the front face yard setback of
any single-family or duplex residential structure or within the side yard setback of a corner lot
unless it does not exceed four (4) feet in height and has openings of not less than fifty (50)
percent of the fence area.
C. For a corner lot, no fence or wall shall be permitted between the street and the street side
yard setback of any single-family or duplex residential structure unless it does not exceed five
(5) feet in height and has openings of not less than twenty-five (25) percent of the fence area
and is not within the front yard setback area.
D. For a corner lot with a single-family residential or duplex building where one yard has been
designated as a side yard but adjoins a front yard on an adjacent lot, a fence may be erected to
enclose the side yard but must be set back a minimum of fifteen (15) feet from the edge of
pavement or back of curb, whichever exists and wholly located on private property, unless in
the Infill Overlay Zoning District, a reduction may be granted by the Chief Building Official to
the minimum necessary to mitigate space constraints, provided a landscape buffer is placed
between the fence and the property line.
CE. Gates designed for vehicular access shall be set back from the property line a minimum
of twenty-five (25) feet.
D. For single-family residential and duplex corner lots where one yard has been designated as a
side yard but adjoins a front yard on an adjacent lot, a fence may be erected to enclose the side
yard but must be set back a minimum of fifteen (15) feet from the property line.
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EF. For properties used as multi-family, assisted living facility, and nursing/convalescent or
skilled home, an ornamental metal fence a maximum of six (6) feet in height and fifty percent
(50%) open in construction may be erected within the front yard setback and within the side
yard setback of corner lots that abut a street.
28.53.5. Non-residential fences and walls:
A. Fences located within the front yard setback in the O, NS, LR, RR, CR, C and BP zoning
districts, unless addressed below in subsections D. and E., shall be a maximum of forty-eight
(48) inches in height and constructed of wrought iron or tubular steel, and shall be no less
than fifty percent (50%) open. The fence must be set back a minimum of ten (10) feet from
the property line or behind any required landscaped edge.
B. Fences erected within the side yard setback of corner lots that abut a street shall comply
with the standards in subsection A above.
C. Fences and walls located within the side or rear yards of non-corner lots may be erected on
the property line, shall be a maximum of eight (8) feet in height, and may be constructed of
black or green vinyl coated chain link with matching top rails and caps, galvanized/zinc
coated chain link, wrought iron or tubular steel or masonry, brick or stone screening walls.
Solid metal panels are allowed only in the LI and HI districts, and must be of materials and
design specifically manufactured or fabricated for use as screening or fencing.
D. For uses categorized as "Transportation and Auto Services" in Section 28.49, except for
impound lots and wrecking yards, pipe rail fencing with a maximum height of twenty-four
(24) inches may be erected on the property line. Pipe rail fencing shall have a painted or
powder coated finish in a color complimentary with the surrounding development.
Automobile storage areas on impound lots and wrecking yards must be screened in
accordance with subsection 28.53.6.A below.
E. In the LI and HI districts, fences located within the front yard setback shall be a maximum
of eight (8) feet in height and shall be no less than fifty percent (50%) open. Green or black
coated vinyl chain link or galvanized/zinc coated chain link fencing may be used. Fences
shall be set back a minimum of ten (10) feet from the front property line, but may be erected
on the side and rear yard property lines. Solid metal panels are allowed only in the side and
rear yards of non-corner lots, and must be of materials and design specifically manufactured
or fabricated for use as screening or fencing. Barbed wire, electric wire or razor wire is
allowed only if approved by the Planning and Zoning Commission as part of the site plan
review process.
SECTION 3. Severability. If any provision, section, subsection, sentence, clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining
portions of this ordinance or the application thereby shall remain in effect, it being the intent of
the City Council of the City of Denison, Texas, in adopting this ordinance, that no portion thereof
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or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality
of any other portion or provision.
SECTION 4. Repealer and Savings. This Ordinance shall be cumulative of all other
ordinances of the City and shall not repeal any of the provisions of such ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the
Ordinances of the City of Denison, codified or uncodified, not in conflict with the provisions of
this Ordinance, shall remain in full force and effect.
SECTION 5. Penalty. Any person, firm, entity or corporation who violates any provision
of this Ordinance or Denison’s 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 in a sum
no 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 6. Publication and Effective Date. This Ordinance shall become effective
immediately upon its adoption and its publication as required by law.
SECTION 7. Open Meeting. That it is hereby officially found and determined that the
meeting at which this ordinance was passed was open to the public as required by law, and that
public notice of the time, place, and purpose of said meeting was given all as required by Section
551.041, Texas Government Code.
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 June 15, 2020.
JANET GOTT, MAYOR
ATTEST:
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Christine Wallentine, City Clerk
City Council Meeting
Staff Report
Agenda Item
Receive a report, hold a discussion, conduct a public hearing, and take action on an ordinance amending
the zoning code (Chapter 28) adding new grading regulations.
