DAYTONTEXAS Minutes City Council Meeting Agenda 801 S Cleveland St Monday, December 18, 2023 at 6:00 PM  Mayor Martin Mudd Councilmembers Sherial Lawson Janette Frick John Headrick Tonya Smikal Valorie Barton  1. 2.  Call To Order Roll Call  @ 6:00 pm by Mayor Martin Mudd  Members Present (in person): Martin Mudd, John Headrick, Sherial Lawson, Tonya Smikal,  Valorie Barton  Members Absent: Janette Frick  3. 4. 5.  Invocation given by Pastor Ken Davis with Calvary Baptist Church of Dayton  Invocation given by ChiefI Derek Woods. Pledge of Allegiance and Texas Pledge Pledge was led by Mayor Martin Mudd Citizen Comment Period  Bruce Woods with DYSA apologized for not making it to the last council meeting to answer questions regarding the DYSA agreement. He wants to address and work out any issues with  council the regarding the contract to allow DYSA tol keep functioning.  6.  Fresentations/updates/Reports City Manager Updates  Kimberly Judge The Broncos have been installed in the underpass. There was an accident and the    vehicle struck one oft the stars. This accident was caused by a medical issue with the driver. The pump at the overpass lift station on 321 has went out and is not in working condition. This pump is 13 years old and staff1 has rented ai tempory replacement. Staff1 has purchased two new pumps for the overpass  and cherry creek lift stations. Finance Reports  Finance Monthly Report November 2023 FY given by Finance Director, Leslie Herrera.  Monthly Financial Update - General overview of financials through November 2023 for this  Department Reports  No Questions  Library Monthly Reports for November 2023 Public Works Monthly Report November 2023 Municipal CourtM Monthly Report November 2023 Police Department Monthly Report November 2023 Animal Control Monthly Report November 2023 EMS Monthly Report! November 2023  Information Technology and DayNet Fiber Services Monthly Report November 2023  Planning Department Monthly Report November 2023  Mayor/Councl/Staff Comments  Tonya Smikal - Gives reminders for upcoming ribbon cutting for the underpass bronco project and city Valorie Barton Appreciates all the transparency from staff and has learned a lot since her time on Sherial Lawson and John Headrick- Thanks to staff for all the hard work on the Spirit ofChristmas.  holiday closures. çouncil.  Mayor Mudd - Wishes al Happy Birthday to Sherial Lawson.  7.  Consent Agenda  Tonya Smikal made ai motion to approve consent  as  :  agenda presented. Valorie Barton seconded  the motion. Passed.Ayes: John Headrick, Sherial Lawson, Tonya Smikal, ValorieBarton; Nays:    None.  7.A Consider with possible action on Resolution No. R2023-112 regarding the  appointment of Dayton residents, Kori M. Herring and Christopher Taylor to  serve a two-year term on the Library Advisory Board.  7.B Consider with possible action on the approval oft the Finance Reports for  November 2023.  7.C Consider with possible action on the approval of the November 2023 Minutes.  8.  Public Hearing  Recess regular session @ 6:13 pm and convene a public hearing.  8.A Public hearing concerning the creation ofr reinvestment zone: number four, pursuant to  the provision of chapter 311 of the Texas Tax Code.  This Public Hearing is for the TIRZ creation for DR Horton. We've already created the PID and this is the next step in the agreement for this development to move forward. 50% oft taxes will go toj paying down PID cost for residents and DR Horton has agreed  tol be annexed into the city limits. No citizen comment  Close public hearing @ 6:161 pm and convene regular session.  9.  Action Items  9.A Consider with possible action on Ordinance No. 02023-24, an ordinance of the city council oft the City of Dayton, Texas designating a contiguous geographic area within the corporate limits and extraterritorial, jurisdiction oft the City as aj reinvestment zone pursuant to Chapter 311 of the' Texas Tax Code, to bel known as Tax Increment And Reinvestment Zone Number Four, City ofl Dayton; Describing the boundaries oft the zone; Creating a Board Of Directors for the zone; Establishing a Tax Increment Fund for the zone; Containing findings related to the creation ofthe zone; Providing a date for the termination oft the zone; Providing that the: zone take effect immediately upon passage oft the ordinance; Providing a severability clause; and Providing an effective This ordinance is designating a contiguous geographic area within the city limits and ETJ ofthe city as a reinvestment zone. This willl be known as TIRZ #4 oft the City of Dayton. It describes the boundaries of the zone, creates al board of directors for the zone, and establishes a tax increment fund for the zone. Board of directors would be city council. Project and Finance plan would also be approved with this ordinance. Sherial Lawson made ai motion to approve that the City Council adopt Ordinance No.  date.    02023-24, designating a reinvestment zone. Tonya Smikal seconded the motion. Passed.. Ayes: John Headrick, Sherial Lawson, Tonya Smikal, Valorie Barton; Nays:  None.  9.B Consider with possible action on. Resolution No. R2023-104 approving the DYSA  Parks Use. Agreement for the 2023-2024 year.  The Parks Board would like to recommend the amendment oft the DYSA Parks Use Agreement for the 23/24 year. Mayor Mudd explains the details of the contract as he and the DYSA president had discussed. The only changes from the agenda packet with the agreement presented tonight is the attachment ofmap, the city would be responsible for HVAC, and we removed the language of exhibit B since there is not one. Kyle-President of] Board stated that this agreement, with changes, will need to be approved by the DYSA board. Their next meeting is Jan 6, 2024. Sherial Lawson: made a motion to approve Resolution No. R2023-104, with the amended contract. John Headrick seconded the motion.. Passed.Ayes: John Headrick,  Sherial Lawson, Tonya Smikal, Valorie Barton; Nays: None.  9.C Consider with possible action on Resolution No. R2023-110 approving DEDC  expentitures for Daniel Park improvements.  The DEDC Board of] Directors approved funding up to $25,000 to help with recrowning of the baseball fields at Daniel Park at their 11/13 board meeting. Tonya Smikal made a motion to approve Resolution No. R2023-110, as presented. Sherial Lawson seconded the motion. Passed.Ayes: John Headrick, Sherial Lawson,  Tonya Smikal, Valorie Barton; Nays: None.  9.D Consider with possible action on Resolution No. R2023-111 regarding the appointments ofboard members to the Tax Increment Reinvestment Zone Afterreviewing the TIRZ #1 board's term dates, we. have 41 board members who's terms expired October 2023. Only Wesley Pratka has agreed to serve another term. All other expiring members have decided to not serve another 2 year term, Below all the  (TIRZ)#1.  members with expiring terms. Board Member Name Wesley Pratka Arlenel Langham Bessie Conn Walter Chrisco  Term Ending Oct2 2023 Oct2 2023 Oct2023 Oct2023  Willing to Serve Another Term  Y N N N  Wel have received board applications from. JeffNations, Andy Conner and Alvin Burress. Staff recommends re-appointing Wesley Pratka and appointing JeffNations,    Andy Conner and Alvin Burress to serve on the TIRZ board.  John Headrick made a motion to approve Resolution No. R2023-111 appointing Jeff Nations, Andy Conner and Alvin Burress to the TIRZ #1 board and the re-appointing Wesley Pratka. Tonya Smikal seconded the motion. Passed.Ayes: John Headrick,  Sherial Lawson, Tonya Smikal, Valorie Barton; Nays: None.  9.E Zoning Map Amendment Request  Recess regular session @ 6:31 pm and convene aj public hearing.  The GC standards are: more compatible with the goals for the applicant to develop the kennel. GC: zoning district is not consistent with the City ofI Dayton's Comprehensive Plan and Future Land Use Plan, which designates the area as Planned Development. Non-residential uses in the Planned Development designation suggest a campus like development for the large tracts ofland in this area, which would foster a cohesive development. However, the Planned Development designation does not address the small singular use like the applicant's proposal. The applicant is proposing al kennel with outdoor activity dog runs and yards. This would ideally be located on land that is large enough to minimize the negative impact ofr noise and smell to adjacent uses. The proposed two acre tract is large enough to do SO. Additionally, the subject area is  among mostly vacant land,  Bobby Dwyer The property will be for dog boarding facility. All property is owned by his family other than the property to the West. This type ofbusiness is not currently ini the City ofl Dayton. The property is currently zoned for master planned development. This isa an indoor and outdoor facility and there will be a sound barrier. Council discusses the location, surrounding owners, Daniel Park and the noise issue. Chris Chavis explains that statel law has aj provision against spot zoning. This is to keep DYSAiss still present at the meeting and stated that they would not have an issue with  like properties together. this business.  Close public hearing @ 6:41 pm and convene regular session.  Tonya Smikal made a motion to approve Ordinance No. 02023-25, as presented. SherialLawson seconded the motion. Passed.Ayes: Sherial Lawson, Tonya Smikal, Martin Mudd; Nays: John Headrick, Valorie Barton.  9.F Zoning Map Amendment Request  Recess regular session @ 6:43 pm and convene aj public hearing.  The proposed SU: zoning district permits four (4) dwelling units per acre. Access to the    subject properties are granted via a shared easement. Ift the property seeks to be subdivided, the developer will be subject to subdivision standards, which includes improvements of the access/streets and other public infrastructure. Thej proposal increases the Semi-Urban Residential (SU) zoning district int the general area, which is consistent withi the Future Land Usel Plan. The nearby neighborhood of Sunset Heights has recently seen new construction, which shows a demand for more residential development in the area. P&Z and staffi is recommending approval Mary Brown Wilson Thisi is her family property and this is not a flood zone. Her family donated thej property for the sewer plant. They want it zoned to residential from  commercial.  Close public hearing @ 6:48 pm and convene: regular session.  Sheriall Lawson made a motion to approve Ordinance No. 02023-26, as presented. Tonya Smikal seconded the motion. Passed.Ayes: John Headrick, Sherial Lawson,  Tonya Smikal, Valoriel Barton; Nays: None.  9.G Zoning Map Amendment Request  Recess regular session @ 6:50 pm and convene aj public hearing.  The zoning request will introduce 10 acres of commercial zoning at an intersection of an arterial road and a collector road, which is ideal for General Commercial land uses. Currently, there are large lot residential land uses on the eastern side ofUS 321, but as the city growns, this area is likely to transition in a fashion that will demand a different type ofland use: for parcels with direct access to the well traveled roadways. Proposed zoning is not consistent with the Future Land Use Plan, but the size of the parcel, the location at a significant intersection, the compatibility with other uses, and the lack of negative impact to the proposed future growth ofthis area supports the zoning  proposal. No citizen comment  Close public hearing @ 6:52 pm and convene regular session.  Tonya Smikal made ai motion to approve Ordinance No. 02023-27, as presented. Sherial Lawson seconded the motion. Passed.Ayes: John Headrick, Sherial Lawson,  Tonya Smikal, Valorie Barton; Nays: None.  Adjourn  Sherial Lawson made amotion to adjourn @ 6:53 pm. Tonya Smikal seconded the motion. Passed.Ayes: John Headrick, Sheriall Lawson, Tonya Smikal, Valorie Barton; Nays:    None.  Jeraitepiting.G: Secretary EE7 Martin Mudd, Mayor  TON, F