City of Canyon Commission Meetings

AGENDA NOTICE OF MEETING Notice is hereby given that the governing body of the City of Canyon will meet at 5:30 p.m. on the 5th day of May, 2014, in the Commission Chambers of City Hall at 301 16th Street in the City of Canyon to discuss the following agenda items: 1. Call to Order. 2. Invocation. 3. Approval of the Minutes of the Meeting of April 21, 2014. 4. Public Forum – Comments from Interested Citizens. 5. Update from City Staff (Rockwell Road Well Field Project, City Hall Study, and Water Usage). 6. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 03-2014, A Resolution Approving a Project Funding Agreement Between the Canyon Economic Development Corporation and Canyon Main Street for Funding Year Two of the Comprehensive Marketing Plan for Canyon. 7. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1004, Amending the Code of Ordinances of the City of Canyon, Chapter 156, Zoning Code, by Amending Section A.02 Terms, to Define Permanent Cosmetics, to Delete Permanent Cosmetics from the Definition of Tattoo, to Amend the Definition of Personal Services (Custom) to Include Permanent Cosmetics. 8. Executive Session Pursuant to Texas Government Code §551.072 Real Property. 9. Consider and Take Appropriate Action on Items Discussed in Executive Session. 10. Adjournment. Randy Criswell, City Manager I certify that the above Notice of Meeting was posted on the bulletin board of the Civic Complex of the City of Canyon, Texas on the 2nd day of May, 2014. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting April 21, 2014 The City Commission of the City of Canyon met in regular session at 5:30 p.m. in the City Commission Chambers of the Civic Complex. Mayor Quinn Alexander presided over the meeting with the following Commissioners in attendance: Mayor Pro-Tem Jed Welch, Gary Hinders, Justin Richardson and David Logan. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, Code Enforcement Director Danny Cornelius, Business and Community Development Director Evelyn Ecker, Director of Public Works Dan Reese, Parks and Recreation Director Brian Noel, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:32 p.m. Item 2. Invocation. Commissioner Gary Hinders gave the invocation. Item 3. Approval of Minutes of the Meeting of April 7, 2014. Commissioner Logan moved, duly seconded by Mayor Pro-Tem Welch, to approve the minutes of April 7, 2014. Motion carried unanimously. Item 4. Public Forum – Comments from Interested Citizens. No Comment was made. Item 5. Presentation of Proclamation Honoring the Canyon High School Lady Eagles Basketball Team for Their State Championship. Mayor Alexander read and presented a Proclamation to Coach Lombard and the Lady Eagles basketball team. Item 6. Update from City Staff (4th Ave Paving Project, Rockwell Road Well Field Project, City Hall Study, and Water Usage). City Manager Randy Criswell gave brief updates on the following: Mr. Criswell said the 4th Avenue Paving Project is almost complete. Street is opened and city staff will be doing some cleanup on the area. Mr. Criswell reported the Rockwell Road project is undergoing bacteriological testing to make sure the piping and all components are disinfected. The last of the tests should be done this week. After results come back wells can be put online. Mr. Criswell reported that the architects will be coming to study the courthouse on April 30th. They will bring their consultant who will advise them on the historical preservation process. City Commission Meeting April 21, 2014 Page 2 of 4 Mr. Criswell informed the Commission that our daily water usage is slowly increasing as them temperature gets warmer. At this point it is still at a manageable usage. Will continue to monitor and report usage amounts as temperatures rise. Item 7. First Reading of Resolution No. 03-2014, A Resolution Approving a Project Funding Agreement Between the Canyon Economic Development Corporation and Canyon Main Street for Funding Year Two of the Comprehensive Marketing Plan for Canyon. Business and Community Development Director Evelyn Ecker presented the budget for the second year of a three year marketing plan for Canyon. Canyon has seen increased sales tax numbers over the last year, and part of that she feels can be directly related to the marketing campaign. The budget for the second year will be $54,409. RESOLUTION NO. 03-2014 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APRROVING PROJECT A FUNDING AGREEMENT BETWEEN THE CANYON ECONOMIC DEVELOPMENT CORPORATION AND CANYON MAIN STREET FOR FUNDING YEAR TWO OF THE COMPREHNSIVE MARKETING PLAN FOR CANYON. THE PLAN WOULD ENCOURAGE RETAIL SALES, HOTEL STAYS, AND GENERATE STATE AND LOCAL TAX REVENUE Item 8. Consider and Take Appropriate Action on Interlocal Agreement with CISD for Playground Equipment Funding. Mr. Criswell presented an agreement that the City Attorney drew up between the City and CISD. The City will make a onetime payment in the amount of $6,623 to CISD for the purchase of playground equipment that is designed for handicapped children. After Discussion, Commissioner Hinders moved, duly seconded by Commissioner Welch, to approve the funding of the playground equipment. Motion carried unanimously. Item 9. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1003, Rezoning 700 4th Avenue, the West 35’ of Lot 1 and All of Lot 2, Block 9, Heller’s Addition to RC-1 (Retail District) from MF (Multi-Family Attached Residential District) and to Rezone 506 8th Street, All of Blocks 15 and 16, Lots 3 and 4 of Block 9, Heller’s Addition to RC-1 (Retail District) from 2F (Duplex Attached Residential District) Director of Code Enforcement Danny Cornelius presented a request by the Seventh Day Adventist Church to rezone their property to a Retail District. At 5:58 Mayor Alexander opened the public hearing at which time Mr. Lyle Jones (preacher for the church) spoke to the Commission. He stated that the church is having a hard time selling their property because of the zoning that it is in. He stated that they feel they would have an easier time selling the church if it were in a retail district. There being no other comment, Mayor Alexander closed the public hearing. City Commission Meeting April 21, 2014 Page 3 of 4 After discussion, Mayor Pro-Tem Welch moved, duly seconded by Commissioner Logan, to adopt Ordinance No. 1003 as presented. Motion carried unanimously. ORDINANCE NO. 1003 Rezoning 700 4th Ave and 506 8th St to RC-1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING THE WEST 35 FEET OF LOT 1, ALL OF LOTS 2, 3 AND 4 OF BLOCK 9 AND ALL OF BLOCKS 15 AND 16 OF HELLER’S ADDITION, AN ADDITION TO THE CITY OF CANYON, RANDALL COUNTY, TEXAS, PROVIDING THAT THE ZONING CLASSIFICATION BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. Item 10. Presentation of TMRS Analysis Report by Will Harrell of Robert Harrell and Associates. Mr. Will Harrell presented the analysis he was asked to perform that looked at the City’s TMRS retirement plan. Mr. Harrell went over his analysis with the Commission. He summarized that the plan is working well for the City and is being managed by top notch fund managers. Commissioners had several questions for Mr. Harrell about the City’s plan. No action needed to be taken as this was for informational purposes only. Mr. Harrell will be available to answer any questions about his analysis at a later date. Item 11. Consider and Take Appropriate Action on Quarterly Finance Report by Finance Director Chris Sharp. Assistant City Manager Chris Sharp presented the Quarterly Finance Report. After brief discussion Commissioner Logan moved, duly seconded by Mayor Pro-Tem Welch, to approve the Quarterly Finance Report as presented. Motion carried unanimously. Item 12. Consider and Take Appropriate Action on Quarterly Investment Report by Finance Director Chris Sharp. Assistant City Manager Chris Sharp presented the Quarterly Investment Report. After brief discussion Mayor Pro-Tem Welch moved, duly seconded by Commissioner Logan, to approve the Investment Report as presented. Motion carried unanimously. Item 13. Executive Session Pursuant to Texas Government Code §551.072 Real Property and §551.087 for Economic Development Negotiations. Mayor Alexander indicated the Commission would adjourn into executive session at 7:34 p.m. Item 14. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 7:56 pm, no action was taken Item 15. Adjournment City Commission Meeting April 21, 2014 Page 4 of 4 There being no further business, Commissioner Welch moved this meeting be adjourned. __________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary  AGENDA To: Mayor and City Commission From: Evelyn Ecker, Business & Community Development Director Date: April 29, 2014 Re: Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 03-2014 With Regards to Funding the Canyon Marketing Plan for 2014. We have just finished the first year of our comprehensive marketing plan for Canyon, with outstanding results. The goal of the Business & Community Development department of the City of Canyon and Main Street is to market the community and the attractions to the southern part of the state as well the tri-state area to the north, west, and east. Along with the focus and the goal to market Canyon collectively, it was the intent to increase the number of visitor to Canyon, increase hotel occupancy levels, and generate more revenue through the sales tax dollar. The attractions in Canyon had a very successful season for the year 2013. Over 60,000 people enjoyed the performance of TEXAS, Palo Duro Canyon State Park had record breaking numbers and the Panhandle Plains-Historical Museum had over 50,000 visitors. The total Sales Tax Revenue for the City of Canyon increased from 2012 to 2013 by $147,295. The increased revenue translates to $7,364,750 more in sales for our local businesses. I would like to believe that our market efforts played a part in the increase of visitors and revenue. The Canyon Marketing Plan effort is a partnership between the Canyon Economic Development Corporation, Canyon Main Street, and the Board of City Development who allocates the Hotel Occupancy Tax revenue for Canyon. Because of the partnership, $54,409 was pooled together from the above mentioned sources to nd develop and implement the 2 year of the three year plan. The Canyon EDC is proposing to fund $29,409 from the CEDC Marketing Account. This is the account that consists of 10% of our monthly sales tax revenue that is set aside specifically for marketing Canyon. The marketing plan includes the following: • DISCOVER Canyon – full page • West Texas Travel Host Magazine – double page 40,000 copies TxDOT Travel Center • Certified Rack Cards – 125,000 distributed to 490 sites, 12 month period • Outdoor Advertising – 5 traditional, 5 digital, 8 months (March- October) • Promotional Items • Membership Travel Industry Organization • Presence at Travel Industry Trade Shows A draft of the Funding Agreement between the CEDC and the Canyon Main Street is included for your review. This is the second and final reading of Resolution No. 03-2014. It is Staff recommendation that Resolution No. 03-2014 be adopted as presented. City of Canyon  RESOLUTION NO. 03-2014 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APRROVING PROJECT A FUNDING AGREEMENT BETWEEN THE CANYON ECONOMIC DEVELOPMENT CORPORATION AND CANYON MAIN STREET FOR FUNDING YEAR TWO OF THE COMPREHNSIVE MARKETING PLAN FOR CANYON. THE PLAN WOULD ENCOURAGE RETAIL SALES, HOTEL STAYS, AND GENERATE STATE AND LOCAL TAX REVENUE WHEREAS, on April 10, 2014, the Canyon Economic Development Corporation (“CEDC”) held a public hearing regarding the use of sales and use tax revenues collected pursuant to the Development Corporation Act of 1979 (Tex. Rev. Civ. Stat. Art. 5190.6 §4B, (“the Act”) and to consider a funding agreement for the Canyon Main Street Marketing Plan for Canyon. The plan would encourage retail sales, hotel stays, and generate state and local tax revenue. WHEREAS, the City Commission of the City of Canyon, Texas, finds it to be in the public interest to execute a Project Funding Agreement between the Canyon Economic Development Corporation and Canyon Main Street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: That the Mayor and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City of Canyon, Texas, a Project Funding Agreement between the Canyon Economic Development Corporation and Canyon Main Street; regarding the use of funds from the Sales Tax Improvement Fund (Fund40) for costs related to the project. INTRODUCED at the First Reading on the 21st day of April, 2014, and Adopted on the Second Reading on the 5TH day of May 2014. ________________________________ QUINN J ALEXANDER, MAYOR ATTEST: _______________________________ Gretchen Mercer, City Clerk  CANYON ECONOMIC DEVELOPMENT CORPORATION PROJECT FUNDING AGREEMENT This agreement is made by and between the Canyon Economic Development Corporation (CEDC), a Texas non-profit corporation duly organized and existing pursuant to the TEXAS DEVELOPMENT CORPORATION ACT and CANYON MAIN STREET, A NON PROFIT CORPORATION duly organized and an existing business under the laws of the State of Texas and qualified to do business in Texas. 1. The purpose of this agreement is to facilitate the proper use of funds held and administered by the CEDC, a tax supported non-profit corporation whose primary income is from sales tax collected within the City of Canyon and dedicated exclusively to economic development. The sales tax supporting CEDC is authorized as a local option under TEX. REV. CIV. STAT. ART. 5190.6 §4B, the primary purpose of which is the developing, stabilizing, diversifying, and expanding the economy through the retention, recruitment, expansion, and employment opportunities of the citizens of Canyon and the surrounding area and to enhance the quality of life of the citizens of Canyon and the surrounding area. 2. The project and performance requirements to be implemented by means of this agreement are described as follows: a. Second party will develop a comprehensive marketing plan for Canyon. b. Second party will conduct the campaign from April 2014-March 2015. c. Project benchmarks include, attendance at attractions, increase in Sales Tax. 3. The CEDC will provide the following funding for the project: a. An amount, not to exceed $29,409 as follows: (1.) The amount of $29,409 will be reimbursed for marketing expense as incurred. Printed Media, Outdoor Advertising, Promotional Items, Travel Industry Membership, Travel to promote Canyon, (2.) The funds are allocated from the CEDC Marketing Account (10% of Annual Revenue is set aside in this account for marketing purposes). b. All other terms and provisions of this agreement notwithstanding, the obligations of the parties hereto are expressly made contingent upon the following: i approval of the financial incentives by the CEDC Board; ii approval of the financial incentives by the Canyon City Commission; and, Page 1 of 6  iii compliance with the requirements of the Texas Development Corporation Act of 1979, ART 5190.6 §4B (4B, a-1) TEX. REV. CIV. STAT. 4. The failure of Second Party to fully and timely comply with any performance requirement shall be an act of default by Second Party which shall entitle the CEDC to suspend further funding and, at its option, to terminate this agreement by written notice delivered pursuant to paragraph 9. 5. Second Party agrees to undertake the following actions in order to accomplish the project: a. Comply at all times with the requirements of paragraph 2 of this agreement during the term of this agreement. 6. Second Party makes the following covenants and warranties to the CEDC and agrees to timely and fully perform the following obligations and duties: a. Any false or substantially misleading statement contained herein or the failure of Second Party to comply and fully perform as required in this agreement shall be an act of default by Second Party. Failure to comply with any covenant or warranties shall constitute an act of default and entitle the CEDC to suspend further funding and at it’s option to terminate this agreement by written notice in accordance with paragraph 9 below. b. Second Party is authorized to do business in Texas, is in good standing in the State of Texas and shall remain in good standing in the State of Texas during the term of this agreement. c. No litigation or governmental proceeding is pending or to the knowledge of Second Party is contemplated or threatened against Second Party or affecting it’s operations or business that may result in any material or adverse change in Second Party’s business, properties, or operations. To Second Party’s knowledge, no additional consent, approval, or authorization of a governmental entity or other authority is required in connection with the execution and performance of this agreement or the transactions contemplated hereby. d. To Second Party’s knowledge no certificate or statement delivered by Second Party to CEDC in connection with this agreement or any transaction contemplated by this agreement contains any untrue statement or fails to state the facts necessary to keep the statements contained therein from being misleading or false. e. There are no bankruptcy proceedings or other legal proceedings currently pending or contemplated affecting the Second Party. The Second Party has not been informed of any intent to initiate involuntary bankruptcy proceedings against Second Party. f. To it’s knowledge Second Party has acquired and maintained all necessary rights, licenses, permits, and authority to carry on it’s business in Texas and to perform the terms of this agreement and will continue to use it’s best efforts to maintain all necessary rights, licenses, and permits in current status and good standing. Page 2 of 6  g. The funds provided by CEDC shall be utilized solely for the purpose of the project as stated in this agreement and within the scope of the project as stated in this agreement and for no other purpose. h. Second Party shall pay all taxes and assessments due and owing to all taxing authorities having jurisdiction over Second Party’s property and business operations. In addition, Second Party shall timely pay all employment, income, franchise, and other taxes due and owing by Second Party to all local, state, and federal entities. i. Second Party shall complete the project required by this agreement and shall provide the necessary staff and employees for the completion and performance of this agreement. j. Second Party shall timely and fully perform and comply with all terms and conditions of this agreement. k. Upon written request of CEDC Second Party shall notify CEDC in writing of substantial changes in the management of Second Party within seven (7) days. Substantial changes shall mean changes in executive officers, board members, or managers. l. The Second Party agrees that with regard to all programs and activities arising out of this agreement, the Second Party shall fully comply with all civil rights acts and specifically will not discriminate against any person upon the basis of race, color, national origin, gender, or by reason of being disabled. 7. The CEDC under the following circumstances and at the sole discretion of its board of directors may suspend the obligations under this agreement or may terminate this agreement without liability to the CEDC upon: a. The filing of bankruptcy proceedings or the appointment of a receiver of Second Party or any part of it’s assets or property and failure of such bankruptcy or receivership to be discharged within sixty (60) days of filing. b. The adjudication of Second Party as a bankrupt. c. A change in ownership of Second Party which constitutes a material change in the nature of Second Party’s business and operations, unless Second Party has complied with paragraph 2 and 3(d) above. 8. Should Second Party fail to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, and conditions or warranties of this agreement such failure shall constitute an act of default by Second Party and, if not fully and completely cured within 60 days after written notice by CEDC to Second Party, the CEDC may terminate this agreement and pursue any legal remedies existing under the law; provided however, that Second Party’s liability under this agreement shall be limited to the immediate return by Second Party of all funds or other economic incentives provided by the CEDC and any consideration previously paid to Second Party by the CEDC. The rate of interest on all funds paid by the CEDC to Page 3 of 6 Second Party subject to refund shall be 6% per annum. In the event CEDC should prevail in any litigation to recover funds pursuant to this paragraph, the CEDC shall, in addition to all other damages provided by this paragraph, be entitled to recover reasonable attorney’s fees and expenses of litigation. Provided, however, that if the default relates only to the number of employees to be maintained under Paragraph 2.c., the sole remedy of the First Party shall be to reduce the amount paid as set forth in Paragraph 3.d. of this agreement. 9. In the event of unforeseeable third party delays, in the performance of this agreement by Second Party, or force majeure, and upon a reasonable showing by Second Party that it has immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal, or abatement of such delays by using its best efforts, CEDC may consent and excuse any such delay, which consent shall not be unreasonably conditioned or withheld. The failure by Second Party to continuously and diligently pursue compliance shall constitute an act of default. Page 4 of 6  10. Any delay by the CEDC in providing notice of default to Second Party, shall in no event be deemed or constitute a waiver of such default by CEDC or waiver of any of it’s rights and remedies available under this agreement or at law or in equity. 11. Any waiver provided by CEDC to Second Party of an act of default shall not be deemed to constitute a continuing waiver or a waiver of any other existing or future act of default by Second Party even if the act or default is of the same or a similar nature. 12. Second Party specifically agrees that CEDC shall only be liable to Second Party for the amount of money actually budgeted and committed to the project described in this agreement. CEDC shall not be liable or held responsible for any other direct or indirect costs, attorneys fees, court costs, actual or consequential damages, direct or indirect, for any act of default by CEDC under the terms of this agreement. It is further stipulated and agreed that CEDC shall only be required to pay the amount of the project cost out of its sales tax revenues held and administered pursuant to §4B of the Development Corporation Act for the fiscal year in which the funding under this agreement is due together with unencumbered funds then on hand and from no other source. It is specifically agreed however, that in the event actual total sales tax revenues collected by CEDC for any year during which this agreement is to be performed should be less than the total amount of all grants to all contracting parties for that year, then in that event, CEDC shall fund projects in the order the grants were awarded after payment of CEDC’s usual administrative cost and expenses. All contracting parties shall receive only their share of the available sales tax revenue for that year, less CEDC’s customary and usual administrative costs and expenses and CEDC shall not be liable to any contracting party for any deficiency for that time or in the future. In the event of such revenue shortfall, CEDC will provide written notice to all contracting parties affected by the revenue shortfall along with such documentation as will allow the contracting party to ascertain their share of the funding to be provided. 13. This agreement incorporates the entire agreement of the parties hereto and supersedes any oral or written previous and contemporaneous agreements between the parties relating to the matters covered by this agreement. Except as otherwise provided herein, this agreement cannot be modified or amended without a written agreement of the parties. 14. No term or provision of this agreement or an act of the CEDC in the performance of this agreement shall be construed as making or constituting Second Party or its employees, or agents, partners of the CEDC or employees of the CEDC. This contract shall not benefit any third party not a direct party to this agreement. 15. The termination of this agreement as provided herein may be upon mutual agreement of the parties or pursuant to the provisions hereof relating to default. The termination of this agreement either by mutual agreement or by notice served by the CEDC shall extinguish all rights, duties, and obligations of the CEDC and Second Party except as provided herein. 16. This agreement may be executed in a number of identical counterparts each of which shall be deemed an original upon execution and shall constitute the same instrument. 17. This agreement is made pursuant to the laws of the State of Texas and shall be governed and interpreted under the laws of the State of Texas without regard to any conflict of laws Page 5 of 7 provision. Venue in any litigation arising out of the execution or performance of this agreement shall be in the court of appropriate jurisdiction in Randall County, Texas and in no other Venue. Second Party, by signing this agreement, consents to and waives any objections to in personam jurisdiction in Randall County, Texas. 18. In the event one or more of the provisions contained in this agreement should, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement. This agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 19. This agreement is subject to all legal requirements contained in the Municipal Charter of the City of Canyon and Code and Ordinances of the City of Canyon and all other applicable state and federal laws and regulations. Second Party agrees that, in compliance with this agreement, it will promptly comply with all applicable laws, regulations, orders, and rules of the state, city, and other governmental entities. 20. This agreement shall be binding upon the parties hereto, their successors, and (where permitted) assigns. This agreement may not be assigned by either party without the specific prior written consent of the other, which consent shall not be unreasonably withheld or conditioned. Provided however, that in the event Second Party transfers all or substantially all it’s assets to another entity or merges with another entity to the extent that the underlying purpose of this agreement cannot, in the sole discretion of the CEDC’s board of directors, be accomplished, the CEDC shall have the option to suspend it’s performance under this agreement or terminate this agreement. 21. Second Party represents that no member of the board of directors of the CEDC or member of the governing body of the City of Canyon or any officer or employee of the City of Canyon or CEDC will be compensated in any manner with respect to directly or indirectly bringing the parties together for the purpose of this agreement or participation in the negotiation or formation of this agreement. No finder’s fee or other origination fee of any type will be paid or will become payable to any officer or employee of the City of Canyon, member of the governing body of the City of Canyon, or the governing body of the CEDC with regard to the formation or performance of this agreement. 22. All notices from one party to the other party required or permitted by this agreement shall be delivered personally or sent by certified mail postage prepaid addressed to the party at the address shown on the signature page. All notices shall be deemed given on the date so delivered or deposited in the mail unless otherwise provided. Either party may change its address by sending written notice of such change to the other party in the manner provided by this agreement. 23. All representations, warranties, covenants, and agreements of the parties as well as all rights and benefits of the parties pertaining to the transaction contemplated by this agreement shall survive the original execution date of this agreement and shall constitute continuing obligations. Page 6 of 7 Effective Date:_______________________ CANYON ECONOMIC DEVELOPMENT CORPORATION By: _________________________________ Randy Croslin, President Second Party: Canyon Main Street By: _________________________________ Evelyn Ecker, Executive Director Page 7 of 7  AGENDA To: Mayor and City Commission From: Danny Cornelius, Director of Code Enforcement Date: April 15, 2014 Re: Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1004, Amending the Code of Ordinances of the City of Canyon, Chapter 156, Zoning Code, by Amending Section A.02 Terms, to Define Permanent Cosmetics, to Delete Permanent Cosmetics from the Definition of Tattoo, to Amend the Definition of Personal Services (Custom) to Include Permanent Cosmetics. The Zoning Ordinance currently defines a business that provides permanent cosmetics as a Tattoo Parlor which is regulated as an Adult-Oriented Business. The following definitions are found in the glossary of terms in the ordinance: Adult Oriented Business Types – The following adult-oriented business types are included in this ordinance: Tattoo – The practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. The term includes the application of permanent cosmetics. Tattoo Parlor – An establishment or facility in which tattooing or body piercing is performed. According to the Summary Use Chart in Table 1-1 of the Zoning Ordinance, adult-oriented uses are restricted to the I-2 (Heavy Industrial District) with a Specific Use Permit. La La’s Dream Shop at 1408 4th Ave is located in the RC-3 (Central Area District) and has been providing permanent makeup. The owner appealed to the Zoning Board of Adjustment and a variance was granted. After some discussion, the Planning and Zoning Commission directed staff to develop an ordinance which would allow Permanent Cosmetics in the same locations as businesses defined in the Zoning Ordinance as “Personal Services”. Ordinance No. 1004 creates a definition for Permanent Cosmetics and inserts the term into the definition of Personal Services. The ordinance removes Permanent Cosmetics from the definition of Tattoo. Permanent Cosmetics would then be allowed in RC-1, RC-2, RC-3, I-1, I-2 and PD Districts. The Planning and Zoning Commission voted unanimously to recommend adoption of Ordinance 1004. City of Canyon  ORDINANCE NO. 1004 Permanent Cosmetics AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: AMENDING THE CODE OF ORDINANCES OF THE CITY OF CANYON, CHAPTER 156, ZONING CODE, BY AMENDING SECTION A.02 TERMS, TO DEFINE PERMANENT COSMETICS; TO DELETE PERMANENT COSMETICS FROM THE DEFINITION OF TATOO; TO AMEND THE DEFINTION OF PERSONAL SERVICES (CUSTOM) TO INCLUDE PERMANENT COSMETICS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; the passage, promulgation, and enforcement of the provisions herein contained are determined necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers and police powers delegated to and possessed by the City of Canyon; and, WHEREAS; the Planning and Zoning Commission of the City of Canyon, recommended certain amendments to City of Canyon Code of Ordinances, Chapter 156, Zoning Code; and, WHEREAS; the City Commission finds that the proposed amendments to Chapter 156 as recommended by the Planning and Zoning Commission would be in the best interest of the City; and, NOW THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1: Appendix A – Glossary of Terms, Section A.02 Terms is hereby amended as follows: The term, Permanent Cosmetics, is added as follows: Permanent Cosmetics. A cosmetic technique which employs permanent pigmentation of the skin to resemble makeup, such as eye liner, eyebrows and other permanent enhancing colors to the face, lips, and eyelids. The term, Tattoo, is amended by deleting the last sentence as follows: Tattoo. The practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. The term includes the application of permanent cosmetics. The term, Personal Services (Custom), is hereby amended to include permanent cosmetics as follows: Personal Services (Custom). Establishments engaged in providing personal services on a custom basis, such as a tailor, shop repair, barber, beauty shop, permanent cosmetics, health studio, or travel consultant. SECTION 2: Severability. If any provision, section, subsection, 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 Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision continued herein shall become inoperative or fail by any reasons of the unconstitutionality of any other portion or provision. SECTION 3: Repealer. All ordinances, parts of ordinances, resolutions, and parts of resolutions in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 4: Effective Date. This ordinance shall become effective immediately. INTRODUCED AND PASSED by the City Commission of the City of Canyon, Texas on the 5th day of May, 2014 ________________________ Quinn Alexander, Mayor ATTEST: __________________________ Gretchen Mercer, City Clerk