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HomeMy WebLinkAboutCity Packets - City Council - 10/02/2024 - RegularAgenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: October 2, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Proclamation Agenda Section: Subject: Proclamation recognizing National Chiropractic Health Month. (Council) Suggested Action: Attachments: Chiropractic Health Month 2024 Proclamation-The Colony.docx 3 Na?onal Chiroprac?c Health Month 2024 WHEREAS, The years we live in good health, without major chronic illnesses and disability, are known as our healthspan; and along with cardiovascular health, metabolic health and other factors, musculoskeletal (MSK) health is an important factor in extending healthspan; WHEREAS, Comprised of the bones, muscles and joints, the MSK system enables us to remain physically ac?ve as we age, and physical ac?vity is one of the most powerful contributors to health and longevity; WHEREAS, A strong MSK system helps us to con?nue working and engaging in daily ac?vi?es as we age, enabling us to maintain independence and con?nue doing what ma?ers most; WHEREAS, A strong MSK system contributes to be?er balance as we age, helping to prevent falls that can lead to disability and death among the elderly; WHEREAS, In the U.S., musculoskeletal condi?ons are a common cause of chronic pain and result in more than 130 million healthcare visits annually, making them the No. 1 reason people visit their doctor; WHEREAS, Worldwide, back pain is the single leading cause of disability and historically one of the most common reasons that people in the U.S. are prescribed opioids; WHEREAS, The number of people worldwide living with back pain is projected to increase by 36% to more than 800 million over the next 30 years; WHEREAS, Doctors of chiroprac?c are experts in musculoskeletal health and offer a variety of non-drug approaches to treat common musculoskeletal condi?ons such as back pain, along with advice on nutri?on, injury preven?on, ergonomics, and lifestyle modifica?ons for op?mal health and wellness; WHEREAS, Guidelines for the treatment of low back pain/chronic pain by the American College of Physicians, the Centers for Disease Control and Preven?on, and other groups support the use of noninvasive, non-drug approaches such as spinal manipula?on as a first line of defense against back pain, before the use of pain medica?ons and surgery; WHEREAS, With the theme “Chiroprac?c: Plan for a Strong Healthspan,” Na?onal Chiroprac?c Health Month 2024 reminds ci?zens of The Colony, Texas, that chiropractors can help maintain and improve their musculoskeletal health throughout their life?me, contribu?ng to a strong healthspan. THEREFORE, BE IT RESOLVED that the City of The Colony, Texas, officially joins with the American Chiroprac?c Associa?on (ACA) and the Texas Chiroprac?c Associa?on (TCA) in proclaiming the month of October 2024 as Na?onal Chiroprac?c Health Month. Signature: ___________________________________ Date Proclaimed: _____________________________ 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: October 2, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Proclamation Agenda Section: Subject: Proclamation recognizing National Community Planning Month. (Mayor) Suggested Action: Attachments: Community Planning Proclamation.doc 5 MAYORAL PROCLAMATION WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas, and other places; and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and WHEREAS, American Planning Association endorses National Community Planning Month as an opportunity to highlight how planning is essential to the decision-making process in which goals and objectives are established, existing resources and conditions analyzed, strategies developed and controls enacted to achieve the goals and objectives of the City; and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City of The Colony and WHEREAS, we recognize the many valuable contributions made by professional community and regional planners of The Colony and extend our heartfelt thanks for the continued commitment to public service by these professionals; NOW, THEREFORE, I, Richard Boyer,Mayorof the City of The Colony, Texas, hereby proclaim the month of October 2024 is hereby designated as Community Planning Month in the City of The Colony in conjunction with the celebration of National Community Planning Month. 6 Signed and sealed this ______day of October 2024. _____________________________ Richard Boyer, Mayor City of The Colony, Texas 7 Agenda Item No:1.7 CITY COUNCIL Agenda Item Report Meeting Date: October 2, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 8 Agenda Item No:1.8 CITY COUNCIL Agenda Item Report Meeting Date: October 2, 2024 Submitted by: Lindsey Stansell Submitting Department: Parks & Recreation Item Type: Announcement Agenda Section: Subject: Receive presentation from Parks and Recreation regarding upcoming events and activities. (Hancock) Suggested Action: Attachments: 9 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: October 2, 2024 Submitted by: Kimberly Thompson Submitting Department: General Admin Item Type: Discussion Agenda Section: Subject: Discuss adopting an ordinance prohibiting the delivery of unsolicited handbills. (Perez) Suggested Action: Attachments: 10 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: October 2, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Council to provide direction to staff regarding future agenda items. (Council) Suggested Action: Attachments: 11 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: October 2, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Regular Session meeting minutes from September 17, 2024. (Stewart) Suggested Action: Attachments: September 17, 2024 DRAFT Minutes.docx 12 1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action will be taken and no direction will be given regarding these items. MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD ON SEPTEMBER 17, 2024 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:31 p.m. on the 17 th day of September 2024, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer, Mayor Judy Ensweiler, Deputy Mayor Pro Tem Robyn Holtz, Councilmember Brian Wade, Councilmember Dan Rainey, Councilmember Perry Schrag, Mayor Pro Tem Joel Marks, Councilmember Present Present Present Present Present Present Present And with 7 councilmembers present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS 1.1 Call to Order Mayor Boyer called the meeting to order at 6:31 p.m. 1.2 Invocation Pastor Zeke Trezevant with One Creation Church delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Proclamation recognizing September 17 through September 23, 2024 as “Constitution Week.” Mayor proclaimed September 17 through September 23, 2024 as "Constitution Week". Susan Hamilton with Sarah Kincaid Cook Chapter - Daughters of the American Revolution, accepted the proclamation. Councilman Wade arrived at 6:34 p.m. 1.6 Items of Community Interest 1.6.1 Receive presentation from the Library regarding upcoming events and activities. Library Director, Megan Charters, provided upcoming events and activities to the Council. 13 City Council – Regular Meeting Agenda September 17, 2024 Page| 2 2.0 CITIZEN INPUT Pastor Zeke Trezevant, 10044 Tisbury Dr., Frisco, TX, spoke for support and guidance for The Colony Unity Festival scheduled for October 28th at Bill Allen Park from 3:00 to 8:00 p.m. Wayne Utzman, 5236 Pruitt Drive, spoke concerning a short-term rental in his neighborhood. A.B. Martin, announced a POW-MIA event scheduled for Sunday, September 22nd at Stewart Creek Park from 6:30 to 7:30 p.m. 3.0 WORK SESSION 3.1 Council to provide direction to staff regarding future agenda items. Councilman Wade announced the First Responders Appreciation Day scheduled for Saturday, September 28th at Lions Club Park from 11:00 a.m. to 5:00 p.m. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda- Ensweiler; second by Rainey, motion carried with all ayes. 4.1 Consider approving City Council Regular meeting minutes from September 3, 2024. 4.2 Consider approving a resolution authorizing the City Manager to execute a Construction Services invoice in the amount of $68,881.00 with Pennington Concrete & Utilities for Emergency Storm Drain Repairs on Lebanon Road. RESOLUTION NO. 2024-068 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving an ordinance budget amendment increasing revenues from water sales and increasing expenses from water purchases. Assistant City Manager, Tim Miller, provided an overview on this item. Motion to approve –Schrag; second by Marks, motion carried with all ayes. ORDINANCE NO. 2024-2575 5.2 Conduct a public hearing, discuss and consider an ordinance approving the proposed 2024-2025 tax rate not to exceed $0.635000 cents per $100 valuation for 14 City Council – Regular Meeting Agenda September 17, 2024 Page| 3 the taxable value of real and personal property located within the City of The Colony. Assistant City Manager, Tim Miller, presented this item to Council. The public hearing opened and closed at 6:56 p.m. with no speakers. Motion to approve –Ensweiler; second by Wade, motion carried with all ayes. ORDINANCE NO. 2024-2576 5.3 Conduct a public hearing, discuss and consider approving an ordinance adopting the City of The Colony Fiscal Year Budget beginning October 1, 2024 through September 30, 2025; providing for intra and inter departmental fund transfers; providing that expenditures for said Fiscal Year to be made in accordance with said budget. Assistant City Manager, Tim Miller, presented this item to Council. The public hearing opened and closed at 6:59 p.m. with no speakers. Motion to approve –Marks; second by Wade, motion carried with all ayes. ORDINANCE NO. 2024-2577 5.4 Conduct a public hearing, discuss and consider approving an ordinance levying of the Public Improvement District Annual Assessment on properties located within the City of The Colony Public Improvement District No. 1 for the Fiscal Year 2024- 25. Executive Business Liaison, Jeremie Maurina, provided an overview on this item. The public hearing opened and closed at 7:03 p.m. with no speakers. Motion to approve –Marks; second by Wade, motion carried with all ayes. ORDINANCE NO. 2024-2578 Executive Session was convened at 7:04 p.m. 6.0 EXECUTIVE SESSION 6.1 A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). 15 City Council – Regular Meeting Agenda September 17, 2024 Page| 4 B. Council shall convene into a closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Regular Session was reconvened at 8:30 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). No Action B. Any action as a result of executive session regarding the evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Motion to amend the City Secretary’s contract terms as discussed in executive session Wade; second by Ensweiler, motion carried with all ayes. ADJOURNMENT With there being no further business to discuss the meeting adjourned at 8:32 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 16 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: October 2, 2024 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Resolution Agenda Section: Subject: Discuss and consider approving a resolution casting the city’s votes for a nominee to serve on the Denton Central Appraisal District Board of Directors for a one-year or three-year term beginning January 1, 2025. (Council) Suggested Action: Attachments: Board of Directors' Election Nomination Letter to Entities.pdf Res. 2024-xxx DCAD Board of Directors Vote.doc 17 M E M O TO:Denton County,School Districts and Cities that Levy a Tax FROM:Don Spencer,Chief Appraiser SUBJECT:Request for Nominations for DCAD Board of Directors DATE:August 14,2024 It is time again for the Denton County taxing entities to select five individuals to serve as the DCAD Board of Directors.Each jurisdiction may nominate by written resolution up to five people to be considered for the DCAD Board of Directors.According to Section 6.03 of the Texas Property Tax Code,it is the chief appraiser ’s responsibility to initiate this process,which is the purpose of this memo. Please note that a chief appraiser does not have the authority,or the duty,to investigate or judge the qualifications of the nominees.Further,a chief appraiser cannot extend the deadline for receiving nominations. Please return your nomination(s)by written resolution before October 15,2024. Please provide the name and address of the nominee(s).The District will send a questionnaire to each nominee requesting additional information to assist the entities in the voting process. CALENDAR FOR APPOINTMENTS: 1.Before October 1st -Each jurisdiction will be advised of the number of votes they are entitled to cast in the election of the board of directors (those numbers are included in this email). 2.Before October 15th -The governing body of each jurisdiction may nominate by written resolution up to five candidate(s)to the DCAD Board of Directors.(The number of votes that each jurisdiction has is not relevant in the initial nomination phase.) 3.Before October 30th -A comprehensive list of the nominees will be compiled and this information will be sent to the taxing jurisdictions in the form of a ballot. 4.Before December 15th -The taxing jurisdictions choose by written resolution the candidate, or candidates,of their choice.The jurisdictions then submit the names of their candidates and the votes they cast for each candidate before the December 15th deadline. 5.Before December 31st –A tabulation of the votes will be forwarded to the jurisdictions.The five candidates that have received the most votes become the Board of Directors as of January 1st. 18 Memo,Appointing Board of Directors,August 14,2024 Page 2 SELECTING A NOMINEE AUTHORITATIVE GUIDELINES -The selection process is set forth in Section 6.03 of the Property Tax Code.This process is not an “election”governed by the Texas Election Code.It is an independent procedure unique to the property tax system. ELIGIBILITY -An appraisal district director must reside in Denton County for at least two years immediately preceding the date he or she takes office.Most residents are eligible to serve as a director.An individual that is serving on the governing body of a city,county,or school district is eligible to serve as an appraisal district’s director. An employee of a taxing unit served by the appraisal district is not eligible to serve as a director. However,if the employee is an elected official,he or she is eligible to serve. A statute relevant to the Board selection process prohibits nepotism and conflict of interest for appraisal district directors and chief appraisers.In summary,the law states that: ..........“a person may not serve as director if closely related to anyone in the appraisal district or if related to anyone who represents owners in the district,or if the person has an interest in a business that contracts with the district or a taxing unit.A chief appraiser may not employ someone closely related to a member of the board of directors”. TERM OF OFFICE –Section 5.13(d)of SB2 Second Special Session 88th Legislature redefined the terms for appointed positions on the appraisal district board of directors.For the term of office beginning on January 1,2025,officers will serve either a one or a three year term.All terms thereafter will be 4 year staggered terms.Term length each appointed position will be determined by drawing during the first calendar meeting of 2025. FREQUENCY OF MEETINGS -The applicable statutes require the board of directors to meet a minimum of once each calendar quarter. 19 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2024 - _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the selection process is set forth in Section 6.03 of the Property Tax Code. This process is not an “election” governed by the Texas Election Code. It is an independent procedure unique to the property tax system; and WHEREAS, The Colony is a member of the Denton Central Appraisal District and is entitled to nominate up to 5 candidates in the election of the Board of Directors; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City of The Colony hereby nominates _______________________ as members of the Denton Central Appraisal District Board of Directors. SECTION 2. That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 2nd DAY OF OCTOBER, 2024. Richard Boyer, Mayor City of The Colony, Texas ATTEST: Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: Jeffrey L. Moore, City Attorney Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: October 2, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Council shall convene into a closed executive session pursuant to Sections 551.072 and 551.087 of the Texas Government Code to deliberate regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 21 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: October 2, 2024 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s). Suggested Action: Attachments: 22