DAYTONTEXAS Minutes City Council Meeting Agenda 801 S Cleveland St Monday, June 24, 2024 at 6:00 PM  Mayor Martin Mudd Councilmembers Harry Barnes Janette Frick John Headrick Tonya Smikal Valorie Barton  1. 2.  Call To Order Roll Call  @ 6:01 pm by Mayor Martin Mudd  Members Present (in person): Martin Mudd, John Headrick, Janette Frick, Tonya Smikal,  Valorie Barton, Harry Barnes Jr.  Invocation given by Pastor Howie Howeth with Journey Fellowship Church. Invocation given by Pastor Howie Howeth with Journey Fellowship Church.  3. 4.  Pledge of Allegiance and Texas Pledge Pledge was led by Martin Mudd Citizen Comment Period  Calvin Carter Concerned about speed zone on Young St. Has an issue with the speed limit Marina Quinez - Here to support Madelyn and the community, trying toi impact community on positive note. Her daughter was in accident and is here to bring light to Allegiance Ambulance Pastor Quanidos McGowen with the Ark Church. Here to tell about myself and his church. Also has issues with mechanic shop across the street, blocking the church driveway and cursing  being 30 MPH and wants council looks at speed limit.  Service regarding that accident.  at him.    6.  Action Items  6.A Consiler with possible action on Ordinance No. 02024-17 canvassing of results  fromthe. June 15, 20241 Runoff Election. Liberly County Clerk. Position 2: Sarah Vickery  Thisadinance is canvassing the June 15, 2024 Runoff Elections as provided by the Tony Smikal made ai motion to approve Ordinance No. 02024-17, as presented. Valore Barton seconded the motion. Passed.Ayes: John Headrick, Janette Frick,  TonySmikal, Valorie Barton, Harry Barnes Jr.; Nays: None.  6.B OathofOffice to be administered to newly elected City Council Member from the  Junel 15, 2024 Runoff Election.  Oathof Office administered by. Judge Alan Conner to the newly elected City Counçil Mentker, Position # 2 Sarah Vickery from the June 15, 2024 Runoff. Election. 6.C Consiler with possible action on Resolution No. R2024-39 regarding Council Menilers for Position Numbers 1, 2, and 3 drawing for terms of Service. Per Cty Charter the transition from two-year to three-year terms began in 2023. The folloming election schedule and process was established to transition from a two-year term  a three-year term: The three (3) council members elected in the 2022 election shallaontinue to serve at two (2): year term. In 2023 the Mayor will be elected to a three()year term and that position will continue serving three (3): year terms thereefter. In 2023 the Council members elected in Positions four (4) and five (5) will both serve two (2) year terms. Starting in 2025 those positions will become three (3) year rms. The three (3) councilmembers elected in the 2024 election year shall, upon takingthe oath of office, collectively draw to determine which position shall have a transisonal term ofoffice for two (2) years and the other two positions will start serving three (3) year terms. Starting in 2026 the council position that drew the two (2) year tansitional term in 2024 will start serving three (3) year terms. TonyaSmikal made a motion to approve. Resolution No. R2024-39 naming Harry Barnes and Sarah Vickery as serving 3-year terms and John Headrick as serving a 2- year tam Sarah Vickery seconded the motion. Passed.Ayes: John Headrick, Tonya Smika, Sarah Vickery, Valorie Barton, Harry Barnes Jr.; Nays: None.  6.D Appointment of Mayor Pro-Tem for the 24/25 election year.  City dl Dayton Charter Sec. 3.05. Mayor pro-tem.The. Mayor shall appoint one (1) membr of the City Council after each City election, and who shall perform all the dutiesof thel Mayor in the absence or disability oft the Mayor. The Mayor appointed  TonyaSmikal as the Mayor Pro-Tem.    7.  PresentationwUpdates/Reports City Manageripdates  Kimberly Judge presests Bankshot- April, Tammy and Teral have worked on the renovation to Henderson Day Park. Whe. DEDC awarded money to the parks and these ladies worked together to get grants and donationstacomplete the Bankshot project. We still needed $14,000 and the Just Amazing Youth Sports Organizttion stepped up to cover the remainder of the needed funds. This group holds events like the annualgops VS. kids basketball and provides all equipment needed to youth's with Elite Force Cheer. Athletics team participated in' The One Cheer and Dance Finals and won Ist place in Jennifer Perkins receied certificate ofrecognition for outstanding and dedicated service as Municipal Murphy Green gavea apupdate on projects; Pipe bursting on hillcrest is about 75% complete and there is a. July start date on Heston St. We are 90 % complete on gas pumps; Council thanks PW: for  special needs.  the National Champianship.  Clerk.  responsiveness to wata leaks and otheri issues.  Recognize newly certified Code Enforcement Officer. - Alexial Nixon.  Chris Chavisaacognizes Alexia Nixon for her earning the title of Certified Code Enforcement Officer. He explains her job duties and thanks Arlene for her guidance during this process. Alexia has bema training for the past 1 1/2 years, took the state exam and passed.  Finance Repor:  Finance Monfhly Report May 2024 given by Finarre Director, Leslie Herrera.  Monthly Finarcial Update - General overview of financials through May 2024 for this FY  Mayor asked about fibers funds and how long they will last.  Department Reports  No Questions  Library. Monfhly Report for May 2024 EMS Monthly) Report May 2024  Animal Contrel Monthly Report May 2024 Police Department Monthly Report May 2024 Municipal Coart Monthly Report May 2024    Imtormationlechnology and DayNet Fiber Services Monthly Report May 2024  Public WorksMonthly Report May 2024 Planning Department Monthly Report May 2024  Mayor/Counctstatt Comments  Tonya Smikal gives community updates: New Daystown Coffee Bar; Art in nature trail is open at Daniel Park; City oflyton Hometown Celebration on. July 4th and entries are open for the bike parade. Valorie Barton extends thanks to Kimberly for going above and beyond describing her working with  them during business! lhours and after hours. Martin Mudd wished imberly a happy birthday.  8.  Consent Agerda  Tonya Smikalmade a motion to approve consent agenda as presented. Harry Barnes Jr. seconded themotion, Passed.Ayes: John Headrick, Tonya Smikal, Valorie Barton, Harry  Barnes Jr., Samah Vickery; Nays: None.  8.A Consiler with possible action on the approval of thel Finance Reports for 8.B Consiler with possible action on the approval of the May 2024 Minutes.  May3024.  9.  Public Hearing  Recessuegular session @ 6:40 pm and convene aj public hearing.  9.A Publie Hearing on the Dissolution of the' Trinity Crossing Public Improvement  Distritt, the. PID.  Brandon Davis - Council created PID for Trinity Crossing and the developer did not followthrough with purchase of the property and the owner has requested to dissolve  Close public hearing @ 6:42 pm and convene regular session.  10. Action Items E  10.A Consider with possible action on Resolution No. R2024-38 approving the dissolution of the Trinity Crossing Public Improvement District. This resolution is approving the dissolution of the Trinity Crossing Public  Improvement District.    TonyeSmikal made a motion to approve Resolution No. R2024-38, as presented. HarryBarnes Jr. seconded the motion. Passed.Ayes: John Headrick, Tonya Smikal,  Valore Barton, Harry Barnes Jr., Sarah Vickery; Nays: None. Recessmegular session @ 6:43 pm and convene aj public hearing.  11. Public Hearing II  11.A Condact a substandard building hearing regarding the structure. located at' 71 CR  607, ayton, TX 77535.  Chrisfhavis- - Substandard buildings or structures may be ordered to be vacated, repaind or demolished. City staff sent ai notice of violation to the owner about the substmdard structure on January 31, 2024. The property has not been brought into compfance, sO this hearing allows council to determine from the evidence and reports submited whether the structure is substandard under the terms and provisions of Artidk 3.400. The property owner was notified oft this hearing via Certified mail on May 3, 2024. The original violation notice, fire: report, and photos are attached to this. item. With 30 days to comply. The council questions the process and the estimated  the GisE,  - Close public hearing @ 6:51 pm and convene regular session.  12. Action ItemsII  12.A Consiker with possible action on Resolution No. R2024-40 regarding the structure  locatal at71 CR 607, Dayton, TX' 77535.  Substundard buildings or structures may be ordered to be vacated, repaired or demdished. City staff sent a notice of violation to the owner about the substandard structrre on January 31, 2024. The property has not been brought into compliance, SO this haring allows council to determine from the evidence and reports submitted whethar the structure is substandard under the terms and provisions of Article 3.400. The peperty owner was: notified oft this hearing via Certified mail on May 28,2024. The orginal violation notice, fire report, and photos are attached to this item. Valori. Barton made ai motion to approve Resolution No. R2024-40, ordering this a substasdard building and nuince with 30 days to comply and then apply lien, as presened. Harry Barnes Jr. seconded the motion. Passed.Ayes: John Headrick, Tonya Smikak Valorie Barton, Harry Barnes Jr., Sarah Vickery; Nays: None.  12.B Consifer with possible action on Ordinance No. 02024-16 approving a Zoning Map Amendment Request to rezone 5.65 acres of property located on the south side ofFM 1413, near its intersection with SH 99, legally described as Cedar Springs, SEC 1, BLOCK 8, LOT 38, 39, 40; to make a zone change from General    Commercial (GCto Suburban Residential (SR.  Therapplicant is requesting to: rezone the property from General Commercial (GC) to Subuilan Residential (SR) to create lots for detached single family houses. The appliont desires to continue the existing residential character ofthe area by building residestially instead of commercially. The applicant's request is consistent with the existig conditions and: residential character of the area. However, the Future Land Use Map lesignates the area to be General Commercial in the future. Staff and the Plannng and Zoning Commission recommends to approve the proposed Zoning Map Buddy Alders is here toj present his item with handouts to council. Does not include modular homes. talked to' TxDOT and could only get one driveway.  Amemiment,  John Keadrick made a motion to deny Ordinance No. 02024-16, as presented. Harry BarneJr. seconded the motion. Passed.Ayes: John Headrick, Tonya Smikal, Harry  BarnesJr., Sarah Vickery: None.  12.C Consiler with possible action on Resolution No. R2024-45 approving the Jones Publlibrary Patron Conduct Policy and Food & Drink Policy.  The Ibrary Board met Monday night and approved the updated Jones Public Library PatronConduct Policy and Food & Drink Policy. Presented by Sherry Sikes. - They had acitizn wear inappropriate clothing to children's story time. Having aj policy is the only way to enforce this type ofbehavior. Sherry will enforce and PD will assist. Brands stated that it includes clothing, and unaccompanied children, etc. and keeping John Headrick made a motion to approve Resolution No. R2024-45, as presented. Harry Barnes Jr. seconded the motion. Passed.Ayes: John Headrick, Tonya Smikal,  itl broal will allow stafft to use their best judgement.  Valori Barton, Harry Barnes Jr., Sarah Vickery; Nays: None.  12.D Consiler with possible action on request for service provider contract with  CASA.  This isa request from CASA and staff has invited them to the council meeting to speak on thisitem. Glen Croft with CASA they have been 15 years. Requesting a $3,000 Serviceprovider contract. They would provide guardian foster services to citizens of  Dayton  Counck will discuss at upcoming budget workshops.  John Headrick made ai motion to table. Harry Barnes Jr. seconded the motion. PassedAyes: John Headrick, Sarah Vickery, Tonya Smikal, Valorie Barton, Harry    Barnes Jr.; Nays: None.  12.E Consier with possible action on. Resolution No. R2024-41 approving the upgrade  oftheSawmill Lift Station.  Duei to the wear and tear oft the equipment plus the age we are recommending replacement. Furthermore, the planti is needing to upgrade the current unit to accommodate the growth that we are experiencing in town, The current unit is not able tol kesp up at its current capacity. Presented by Murphy Green and this was included Tonya Smikal made a motion to approve Resolution No. R2024-41, as presented. Harry Barnes Jr. seconded the motion. Passed.Ayes: John Headrick, Tonya Smikal,  in thebond issuance.  Valon Barton, Harry Barnes Jr., Sarah Vickery; Nays: None.  12.F Consser with possible action on Resolution No. R2024-42 approving the installation of new sludge pump at the Wastewater Treatment Plant. Public Works is requesting approval to replace the existing sludge pump at the WWTP witha anew Moyno Series 2000 sludge pump utilizing CIP funds. This was not budgeled for and we will get from water and sewer fund. If we lose this pump, there woulde only be one running and if wel lost last one, we will have to shut down sewer Tonya Smikal made ai motion to approve Resolution No. R2024-42, as presented. Harry Barnes Jr. seconded the motion. Passed.Ayes: John Headrick, Tonya Smikal,  plant.  Valorie Barton, Harry Barnes Jr., Sarah Vickery; Nays: None.  12.G Consier with possible action on Resolution No. R2024-44 authorizing the city manager toi issue requests for proposal for administrative services (RFP) and requests for qualifications for engineering services (RFQ) for grant pre- application (Phase 1), application (Phase II), and implementation services for TexasCommmnity Development Grant Program for 2025/2026 Community Development Fund (and all eligible activities per the application guidance) as This resolution will authorize the city manager to go out for RFP for administrative services RFQ for engineering services for grant pre-application, application, and implementation services for' Texas Community Development Grant Program for this will allow us to poss get 800,000 for infrastructure we will only have 10% match. We don't have al location yet but will be working with engineer on a low to mod  administered by the' Texas Department of Agriculture.  2025/2026 Community Development Fund.  location.  John Headrick made a motion to approve Resolution No. R2024-44, as presented.    Valore Barton seconded the motion. Passed.Ayes: John Headrick, Tonya Smikal,  Valore Barton, Harry Barnes Jr., Sarah Vickery; Nays: None.  13. Closed Execulive Session  F Recessuegular session @ 7:34 pm and convene a closed executive session. 13.A Execitive Session: Texas Government Code Section 551,087 (Economic  Develapment)  13.B  Execitive Session: Texas Government Code 551.071 (Consultation with Attorney)  Closeexecutive session @ 9:46 pm and convene regular session.  14. Action Items! WV  14.A Consier with possible action on Resolution No. R2024-43 approving the mame change of the. Dayton Community Center to the Dayton Civic Center. Hereist the differençe between a community center and a civic center and1 how HOT fundssan be used regarding a civic center-Community Center is defined as al building or group ofbuildings for a community's educational and recreational activities. Civic Centeris defined as a municipal building or building complex, which has been publidly financed, with space for conventions, sporting events, and theatrical entertnment. Hotel Tax 2-Step Indicator- * Part One-Heads in Beds-the first element ofthetwo-part test is this: every expenditure ofhotel taxes must generally put' "heads in bed". State law requires local hotel tax expenditures to "promote" tourism and the convestion and hotel industry. Technically this langnage goes beyond just attracting overnght tourists to the city of putting "heads in beds". Every funded project must eitherattract overnight tourists to the city's hotels and motels or have some other direct economic impact at area. hotels, thus, promoting the city's hotel industry. For example, we. had the DayGaCom event, it was a weekend-long event and had out-of-town guests who visited the event and stayed in the local hotels. Expenditures ofHOT taxes would qualify for this event. * Part Two-The Nine Categories-Once aj project has cleared the first part oft the test, it's time to verify the second part of the test. Every expenditure of HOT taxes must also fit into one oft the nine statutorily authorized categories. 1. convention and civic centers; 2. convention delegate registration; 3. advertising and promolional programs to attract tourists and visitors to the city; 4. promotion of the arts; 5.historical restoration and preservation; 6. sporting events in a county" under 1 million inj population; 7. enhancing or upgrading existing sports facilities or sports fields (only in certain cities); 8. tourist transportation systems; and 9. signage that directs the public to sights and attractions that are frequently visited by hotel guests in    the ciy. Staffalso spoke to TML and they told us we can do renovations to the buildng under Civic Center using HOT taxes but would not be able to as a community center Grants: There are several state and federal grants available for civic centers basedon the definition of a civic center. Ifwe continue to leave it named a community center under that definition, it would not qualify for any of these grants. John! Neadrick made a motion to table. Tonya Smikal seconded the motion. Passed.Ayes:lohn Headrick, Valorie Barton, Harry Barnes Jr, Sarah Vickery.; Nays: None. 14.B Consider with possible action regarding a moratorium on property development.  John! Headrick made a motion to approve moving forward with the moratorium process and test amendment process prohibiting duplexes, townhomes, apartments, single- famil attached and multiplexes from the established neighborhood zone. Tonya Smikih seconded the motion. Passed.Ayes: John Headrick, Tonya Smikal, Valorie  Barton, Harry Barnes Jr., Sarah Vickery; Nays: None.  Adjourn  Tonya Smikal made amotion to adjourn @ 9:47 pm. Valorie Barton seconded the motion. Passed.. Ayes: John Headrick, Tonya Smikal, Valorie Barton, Harry Barnes Jr, Sarah  Vickery.; Nays: None.  Jartin Mudd, Mayor  kE  FTON.