City of Canyon Commission Meetings

City Commission Meeting November 3, 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 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, City Secretary Gretchen Mercer, Assistant City Manager for Special Projects Jon Behrens, Code Enforcement Director Danny Cornelius, Palo Duro Creek Golf Course Manager Casey Renner, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:35 p.m. Item 2. Invocation. Commissioner Hinders gave the invocation. Item 3. Pledge of Allegiance. Rebecca Huddleston (Student from Reeves-Hinger Elementary School) led the pledge of Allegiance. Item 4. Approval of Minutes of the Meeting of September 8, 2014. Mayor Pro-Tem Welch moved, duly seconded by Commissioner Hinders, to approve the minutes of September 8, 2014. Motion carried unanimously. Item 5. Public Forum – Comments from Interested Citizens. No comments were made. Item 6. Consider and Take Appropriate Action on City of Canyon’s Audit for FY 2012-2013 as Presented by the Audit Committee and Brown and Graham and Company. Mayor Alexander presented the Audit with a brief description of the audit process and the role of the Audit Committee that consisted of Mayor Alexander, Commissioner Gary Hinders, City Manager Randy Criswell, and Assistant City Manager Chris Sharp. Assistant City Manager Chris Sharp stated the audit had become much more complicated due to various new regulations and hit the highlights of the audit. Mr. Sharp said the auditors had made suggestions of steps that should be taken to improve functions of the finance department and that these suggestions had been addressed or will be addressed. Mayor Alexander stated the City of Canyon received a clean Audit. After discussion, Commissioner Logan moved, duly seconded by Mayor Alexander to approve the audit for the City of Canyon as presented. Motion carried unanimously. City Commission Meeting November 3, 2014 Page 2 of 10 Item 7. Consider and Take Appropriate Action on Resolutions No. 16-2014 through 21-2014, Pertaining to the Community Development Block Grant that Canyon has Recently Received for Water System Improvements. City Manager Randy Criswell stated the City of Canyon had been awarded a Community Development Block Grant that would provide for the installation of new water mains in approximately 7 blocks total, in two different locations. Mr. Criswell said the required city match for the $250,000 grant was 20% ($50,000) but we would be adding money budgeted for water main replacement to the project that would increase our match to about $115,000. Mr. Criswell said there was a lot of requirements to be met in the way of resolutions and a proclamation andall of that would be taken care of tonight. Mr. Criswell said Melissa Henderson and Dustin Meyer from the Panhandle Regional Planning Commission were present to answer any questions. Mayor Alexander presented the required resolutions and proclamation for consideration. Mayor Alexander read a Proclamation proclaiming December 2014 as Fair Housing Month in Canyon Texas. Mayor Alexander presented Resolution No. 16-2014 for consideration. Commissioner Richardson moved, duly seconded by Commissioner Logan to adopt Resolution No. 16-2014 as presented. Motion carried unanimously. RESOLUTION No. 16-2014 Notice of Texas Community Development Program Grant Award. Mayor Alexander presented Resolution No. 17-2014 for consideration. Commissioner Logan moved, duly seconded by Commissioner Hinders to adopt Resolution No. 17-2014 as presented. Motion carried unanimously. RESOLUTION NO. 17-2014 Authorizing Signatories Pertaining to the Texas Community Development Block Grant Program (TxCDBG) Contract Number 7214070. Mayor Alexander presented Resolution No. 18-2014 for consideration. Mayor Pro-Tem Welch moved, duly seconded by Commissioner Richardson to approve Resolution No. 18-2014 as presented. Motion carried unanimously. RESOLUTION NO. 18-2014 Adopting Citizen Complaint Procedures Related to TCDP Grant Award Mayor Alexander presented Resolution No. 19-2014 for consideration. Commissioner Richardson moved, duly seconded by Commissioner Hinders to adopt Resolution No. 19-2014 as presented. Motion carried unanimously. RESOLUTION NO. 19-2014 Adopting Local Section 3 Policy Complying with Regulations of Said Policy. Mayor Alexander presented Resolution No. 20-2014 for consideration. Mayor Pro-Tem Welch moved, duly seconded by Commissioner Logan to adopt Resolution No. 20-2014 as presented. Motion carried unanimously. RESOLUTION No. 20-2014 Excessive Force City Commission Meeting November 3, 2014 Page 3 of 10 Mayor Alexander presented Resolution No. 21-2014 for consideration. Commissioner Logan moved, duly seconded by Commissioner Hinders to adopt Resolution No. 21-2014 as presented. Motion carried unanimously. RESOLUTION NO. 21-2014 TxCDBG Engineering Contractual Agreement Item 8. Consider and Take Appropriate Action on Entering Into an Agreement with Tate & Cox CPA Firm to Provide Accounting Services for the City. Assistant City Manager Chris Sharp presented an agreement for accounting services. Mr. Sharp stated due to dramatic changes and requirements in the audit process, there is a need for the professional services of CPA firm. Mr. Sharp stated he had sent out RFQ’s, and Tate and Cox met all the needed requirements. Mr. Sharp said they had a history of performing municipal audits and know what is needed to prepare for audits as well as assist in the daily processes as needed. Commissioners asked if the cost of a CPA firm would outweigh the cost of just the auditors. Mr. Sharp stated he felt it would balance out if not be less due to the auditors not having to do near the amount of work on future audits. Mr. Sharp stated this would put extra checks and balances in place as well, which addressed a suggestion by the auditors. After discussion, Commissioner Hinders moved, duly seconded by Mayor Pro-Tem Welch to approve the City of Canyon to enter into an agreement with Tate & Cox, CPA for accounting services. Motion carried unanimously. *Mayor Alexander moved to Item 10 at this time. Item 10. Consider and Take Appropriate Action on Request From Jim Christopher to Rename Southeast Park after Ex-Commissioner/Mayor/County Commissioner Paul Lindsey. City Manager Randy Criswell presented a request from Jim Christopher to rename Southeast Park after Paul Lindsey. Mr. Criswell stated Mr. Christopher could not be present at tonight’s meeting. Mayor Alexander recognized Paul Lindsey’s son James Lindsey who was present and stated how honored his father would be for even the suggestion of this recognition. Commissioner Logan moved, duly seconded by Mayor Pro-Tem Welch to table this item until Mr. Christopher could be present. Motion carried unanimously. Item 11. Consider and Take Appropriate Action on WTAMU Foundation Scholarship Instrument, the J. Pat Stephens Honorary Scholarship. City Manager Randy Criswell presented a scholarship instrument from WT and reminded the Commission this had been discussed earlier in the year. Mr. Criswell said the account had been brought to the City’s attention by Kasey Long of the Office of Development at WT. Originally, the money had been donated to WT for an internship program to honor J. Pat Stephens, who had served 26 years as a City Commissioner, and could not legally collect his $25/month for that service. So when Mr. Stephens retired, the City created the endowment. Mr. Criswell stated there was over $16,000 in the account and it had been decided since there isn’t a strong need for City Commission Meeting November 3, 2014 Page 4 of 10 interns it should be used as a scholarship fund. Mr. Criswell said the scholarship would be for an undergraduate student, majoring in either Political Science or Public Administration, maintaining a 3.0 GPA, and with the further obligation that if staff feels we need an intern, that student would serve in that capacity. Mr. Criswell expressed that this is a wonderful use of the money, and will continue to honor the great work of J. Pat, both as a City Commissioner and as a professor. After discussion, Commissioner Logan moved, duly seconded by Commissioner Hinders to approve the J. Pat Stephens Honorary Scholarship as presented. Motion carried unanimously. Item 12. Conduct Public Hearing and Consider and Take Appropriate Action on Specific Use Permit Request to Operate a Massage Therapy Establishment. Code Enforcement Director Danny Cornelius presented a request to operate a massage therapy establishment at 1408 4th Ave by Nicole Ash. Mr. Cornelius stated the property is located in the RC-3 (Central Area) District and that Table 1-1, Summary Use Chart of the City of Canyon Zoning Ordinance allows massage therapy establishments by Specific Use Permits. Mr. Cornelius stated 13 letters were sent out notifying property owners within 200 feet of the request with 4 responses received all in support. Mr. Cornelius said the Planning and Zoning Commission had voted unanimously to recommend approval of the Specific Use Permit to the City Commissioner. Mayor Alexander opened the public hearing. There being no comment, Mayor Alexander closed the public hearing. After discussion, Commissioner Richardson moved, duly seconded by Mayor Pro-Tem Welch to approve the Specific Use Permit for a Massage Therapy Establishment at 1408 4th Ave as recommended by the Planning and Zoning Commission. Motion carried unanimously. Item 13. Consider and Take Appropriate Action on Plat for Southwind Addition Unit No. 3. Code Enforcement Director Danny Cornelius presented a plat for Southwind addition Unit No. 3 as submitted by Larry Wilhite. Mr. Cornelius stated the City Commission had approved Southwind Addition Unit No. 2 in August of 2014. Mr. Cornelius stated that even though the property is not in the city limits of Canyon, the city has the authority to approve plats within the Extraterritorial Jurisdiction (ETJ) which is 1 mile. Mr. Cornelius said Southwind Unit Addition No. 3 is located west of Highway 87, between Rice Road and Pondaseta Lane. Mr. Cornelius said the addition would be 35 one acre lots with septic systems and wells. Mr. Cornelius stated the Planning and Zoning Commission had voted to recommend approval of the plat to the City Commission. City Manager Randy Criswell stated the City of Canyon has an annexation agreement, developed by the City Attorney Chuck Hester, with the developer that if water should ever become available to Southwind Addition, all of the property would be annexed with no objection. Mr. Criswell said the lots are sold with the understanding of annexation. City Attorney stated this agreement is authorized by Local Government Code. After discussion, Commissioner Logan moved, duly seconded by Commissioner Richardson, to approve the Plat for Southwind Addition Unit No. 3 as recommended by the Planning and Zoning Commission. Motion carried unanimously. City Commission Meeting November 3, 2014 Page 5 of 10 Item 14. Consider and Take Appropriate Action on Ordinance No. 1016, Amending Title XI, Business Regulations, of the City of Canyon Code of Ordinances, by Adding Chapter 117, Alcoholic Beverages; Providing for Severability; Providing for Repealer; Providing for Penalty; Providing for an Effective Date. Code Enforcement Director Danny Cornelius presented Ordinance No. 1016 for consideration. Mr. Cornelius said in preparation for the November Local Option Election, the adoption of Ordinance No. 1016 would allow the city to collect a fee not to exceed one-half the state fee for each permit issued for premises located within the city. After discussion, Commissioner Hinders moved, duly seconded by Commissioner Logan to adopt Ordinance No. 1016 as presented. Motion carried unanimously. ORDINANCE NO. 1016 Alcoholic Beverages An Ordinance of the City of Canyon, Texas, Amending Title XI, Business Regulations, of the City of Canyon Code of Ordinances, by Adding Chapter 117, Alcoholic Beverages; Providing for Severability; Providing for Repealer; Providing for Penalty; Providing for an Effective Date. Item 15. Hold Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1008, Amending Chapter 156, Zoning Code, of the City of Canyon Code of Ordinances, by Adding Section 5.13 Alcoholic Beverage Sales; Providing for Severability; Providing for Repealer; Providing for an Effective Date. Code Enforcement Director Danny Cornelius presented Ordinance No. 1008 for consideration. This ordinance had been previously recommended to the City Commission with a recommendation for extended hours. The City Commission had asked that the ordinance be reconsidered and sent it back to the Planning and Zoning Commission. The P & Z, upon further review, discovered that the original ordinance was based on erroneous information, and revised the ordinance to adopt a 300 foot separation rule, and to remove the recommendation for extended hours. Mr. Cornelius explained the revised ordinance also establishes a variance process regarding the 300 foot separation rule, and those variance requests would be ruled on by the City Commission in accordance with the Texas Alcoholic Beverage Code. The Planning and Zoning Commission had voted to withdraw their recommendation for the adoption of the previously-presented Ordinance No. 1008, and recommended the adoption of Ordinance No. 1008 as presented tonight. Mayor Alexander opened the public hearing. There being no comment, Mayor Alexander closed the public hearing. After discussion, Commissioner Logan moved, duly seconded by Commissioner Hinders to adopt Ordinance No. 1008 as presented. Motion carried unanimously. ORDINANCE NO. 1008 An Ordinance of the City of Canyon, Texas, Amending Chapter 156, Zoning Code, of the City of Canyon Code of Ordinances, by Adding Section 5.13 Alcoholic Beverage Sales; Providing for Severability; Providing for Repealer; City Commission Meeting November 3, 2014 Page 6 of 10 Providing for an Effective Date. Item 16. Consider and Take Appropriate Action on Sale of Property Located at 401 W. US Highway 60 to Canyon Economic Development Corporation. City Manager Randy Criswell said when the City Commission voted to purchase the property at 401 W. US Highway 60 from TxDOT, it was with the intent to eventually sell the property to the CEDC for Economic Development purposes. Mr. Criswell advised that if this was still the intent of the City Commission, then staff would need that directive. Mr. Criswell said the CEDC is prepared to pay the actual cost plus the appraisal costs, but they have requested to pay it out so as not to take a big hit at once. Mr. Criswell said the CEDC is not ready to convey the property at this time, but would like to have everything in place once they are ready. After discussion, Commissioner Hinders moved, duly seconded by Mayor Pro-Tem to have the City Attorney prepare the documents to sell the property located at 401 W. US Highway 60 to the Canyon Economic Development Corporation. Motion carried 4-1 with Mayor Alexander voting against. Item 17. Consider and Take Appropriate Action on Bids Received for Golf Cars for Palo Duro Creek Golf Course. Golf Course Manager Casey Renner approached the commission and stated that he was still waiting on one bid, and would recommend this item be tabled until the next meeting. Mayor Pro-Tem Welch moved, duly seconded by Commissioner Logan to table the bids for golf cars for Palo Duro Creek Golf Course as requested. Motion carried unanimously. Item 18. 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 discussion Commissioner Logan moved, duly seconded by Mayor Alexander, to approve the Quarterly Finance Report as presented. Motion carried unanimously Item 19. 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 discussion Commissioner Richardson moved, duly seconded by Commissioner Logan, to approve the Investment Report as presented. Motion carried unanimously. Item 20. Consider and Take Appropriate Action on Authorizing the Issuing of a Request for Qualifications for Auditing Services. Assistant City Manager Chris Sharp requested authorization to issue RFQ’s for auditing services. Mr. Sharp stated it had been a number of years since the city had gone through this process for auditing services where it should be done at least every five years. City Commission Meeting November 3, 2014 Page 7 of 10 After discussion, Commissioner Logan moved, duly seconded by Commissioner Hinders to authorize the issuance of Requests for Qualifications for Auditing Services as requested. Motion carried unanimously. Item 21. Consider and Take Appropriate Action on Report from Staff Regarding Asbestos Abatement and Demolition of Building at 1605 3rd Avenue, and Ratify Purchase and Execution of Closing Documents by City Manager for Same. City Manager Randy Criswell addressed the Commission about the purchase and abatement of property purchased by the city at 1605 3rd Ave. Mr. Criswell stated Assistant City Manager for Special Projects Jon Behrens had started the asbestos abatement process for the property at a cost of $18,000, and the bid for demolition was about $7,400. Mr. Criswell stated the City Commission needed to ratify the purchase of the property by the City of Canyon for $64,568 making the purchase official. After discussion, Commissioner Hinders moved, duly seconded by Commissioner Richardson to ratify the action of staff to purchase the property at 1605 3rd Avenue and execute the closing documents. Motion carried unanimously. Item 22. Consider and Take Appropriate Action on Resolution No. 15-2014, Suspending the Effective Date Proposed by West Texas Gas Company, For a GRIP Rate Increase. City Manager Randy Criswell presented Resolution No. 15-2014 for consideration. After discussion, Commissioner Logan moved, duly seconded by Commissioner Richardson to adopt Resolution No. 15-2014 as presented. Motion carried unanimously. Resolution No. 15-2014 A Resolution by the City of Canyon, Texas, (“City”) Responding to the Application of West Texas Gas Company, to Increase Rates Under the Gas Reliability Infrastructure Program; Suspending the Effective Date of This Rate Application for Forty-Five Days; Authorizing the City’s Participation in a Coalition of Cities Known as the “Alliance of West Texas Gas Company Municipalities”; Requiring the Reimbursement of Costs; Determining that the Meeting at Which the Resolution was Adopted Complied with the Texas Open Meetings Act; Making Such Other Findings and Provisions Related to the Subject; and Declaring an Effective Date. Item 23. Consider and Take Appropriate Action on Ordinance No. 1015, Approving A Settlement Agreement Between the Alliance of Xcel Municipalities and Southwestern Public Service Company. City Manager Randy Criswell presented Ordinance No. 1015 for consideration. Commissioner Logan moved, duly seconded by Mayor Pro-Tem Welch to adopt Ordinance No. 1015 as presented. Motion carried unanimously. City Commission Meeting November 3, 2014 Page 8 of 10 Ordinance No. 1015 An Ordinance of the City of Canyon Approving a Settlement Agreement Between the Alliance of Xcel Municipalities (“AXM”) and Southwestern Public Service Company (“SPS” or “Company”) Regarding the Company’s Statement of Intent to Change Electric Rates in All Cities Exercising Original Jurisdiction; Declaring Existing Rates to Be Unreasonable; Adopting Tariffs that Reflect Rate Adjustments Consistent with the Settlement Agreement and Finding the Rates to be Set by the Attached Tariffs to be Just and Reasonable; Finding the City’s Rate Case Expenses Reasonable; Directing SPS to Reimburse the City its Reasonable Rate Case Expenses; Determining that this Ordinance was Passed in Accordance with the Requirements of the Texas Open Meeting Act; Declaring an Effective Date; Repealing any Prior Resolutions Inconsistent with this Ordinance and Requiring Delivery of this Ordinance to the Company and Legal Counsel. Item 24. Consider and Take Appropriate Action Bids Received for Demolition of CISD Building. Assistant City Manager for Special Projects Jon Behrens presented bids received and opened September 23, 2014 at 4:00 pm. Mr. Behrens stated only 1 bid was received, from Grant Construction for a total of $53,013.00. Mr. Behrens said the asbestos abatement was in progress and demolition is planned to begin immediately following the completion of the abatement. After discussion, Mayor Pro-Tem Welch moved, duly seconded by Commissioner Hinders to accept the bid of $53,013.00 from Grant Construction as recommended. Motion carried unanimously. Item 25. Consider and Take Appropriate Action on Aquatic Feasibility Study Interviews. Assistant City Manager for Special Projects Jon Behrens gave a brief update of the Aquatic Facility Committee. Mr. Behrens stated the committee had met twice and set the standards for the RFQ Process and schedule, the RFQ scoring process and actual review of the submittals received. Mr. Behrens said 10 RFQ’s were received, and recommended the listed teams for formal presentation and interviews. 1. Parkhill, Smith, & Cooper and Water Technology, Inc. 2. Kimley-Horn & Associates and Counsilman-Hunsaker 3. Aquatic Design Consultants, Inc. Mr. Behrens stated it was the goal of the Aquatic Committee to move through the selection process as quickly as possible in an effort to kick off the study prior to the end of the year. Commissioner Hinders asked if there was an estimated cost for the study. Mr. Behrens stated price is not discussed during the selection process, but rather, the finalists are selected based on qualifications. Cost is negotiated after the firms are interviewed and ranked for contract negotiation. Commissioner Hinders stated he understood there was a lot of public interest in a new pool, but he personally felt staff’s time would be better spent finding water sources to fill a pool. City Commission Meeting November 3, 2014 Page 9 of 10 After discussion, Commissioner Hinders moved, duly seconded by Commissioner Richardson to accept the three recommended RFQ’s for final interviews and allow staff to enter into contract negotiations with the top team. Motion carried unanimously. Item 26. Consider and Take Appropriate Action on Bids Received for Street Reconstruction – Hunsley Hills Boulevard from Fairway Drive to Village Drive. City Engineer Dwight Brandt presented bids received for the reconstruction of Hunsley Hills Blvd. from Fairway Drive to Village Drive. Mr. Criswell said the city had been looking at the needs for this area for many years, and the time had come to take care of it. Mr. Criswell stated said this area of paving has always been a maintenance problem caused by poor initial construction with the shallow groundwater adding to the issues. City Engineer Brandt presented details for the proposed reconstruction, stating reconstructing the entire roadway from Fairway to Village would allow some alignment and width problems to be addressed. Mr. Brandt stated by narrowing the west end, matching the standard 37’ width west of Fairway and east of the creek, the area of street would be reduced by several thousand square feet of paving that is currently unused, and will be replaced with wider sidewalks. Mr. Brandt stated bids were opened September 25, 2014 with the base bid including a new and lengthened concrete water crossing and the remainder being hot mix asphalt paving, with an alternate bid for all pavement to be concrete. Mr. Brandt said 4 bids were received as follows. Mr. Brandt stated going with the concrete alternate would all but eliminate future maintenance of this part of the street, with the exception of periodic joint sealing. It would also allow the completion of the project to occur sooner as opposed to having to wait for favorable conditions to lay hot-mix. Mr. Brandt stated it was his recommendation that the City Commission award the alternate bid to MH Civil Constructors for the construction using all concrete pavement in the amount of $400,578.57 with a 90 calendar day completion. Mr. Criswell stated that if the project City Commission Meeting November 3, 2014 Page 10 of 10 is awarded, it will exceed monies budgeted and accumulated over the past few years, and if the project were awarded as recommended, it would require an amount of approximately $60,000 be taken from reserves. After discussion, Commissioner Logan moved, duly seconded by Mayor Pro-Tem Welch to award the bid to MH Civil Constructors for the reconstruction of Hunsley Hills Blvd. from Fairway Drive to Village Drive for a total of $400,578.57 and a completion of 90 calendar days. Motion carried unanimously. Mayor Alexander moved to Item 9. Item 9. Consider and Take Appropriate Action on Report from City Engineer Regarding North Canyon Wastewater Collection System Expansion Study. City Manager Randy Criswell said based on the growth potential north and west of Canyon, staff had directed City of Canyon City Engineer to study what options there were to provide sewer to those areas. City Engineer Dwight Brandt presented a report with several different options for the possible expansion of the wastewater collection system for north Canyon. After discussion, Commissioners instructed staff and the City Engineer to prepare a report showing what our water supply projections are, which they felt went hand in hand with wastewater expansion for growth. Item 27. Executive Session Pursuant to Texas Government Code §551.072 Real Property and §551.071 for Consultation with Attorney. Mayor Alexander indicated the Commission would adjourn into executive session at 8:44 p.m. Item 28. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 9:20 p.m., no action was taken. Item 29. Adjournment There being no further business, Mayor Pro-Tem Welch moved this meeting be adjourned. __________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary