City of Canyon Commission Meetings

City Commission Meeting February 2, 2015 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, and David Logan. Commissioner Justin Richardson was unable to attend. 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, Golf Course Superintendent John Haun, Golf Course Manager Casey Renner, Chief of Police Dale Davis, Business and Community Development Director Evelyn Ecker, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:33 p.m. Item 2. Invocation. Mayor Pro-Tem Welch gave the invocation. Item 3. Pledge of Allegiance. Sterling Boyles and Noah Huddleston, 3rd Graders from Crestview Elementary led the Pledge of Allegiance. Item 4. Approval of Minutes of the Meeting of January 5, 2015. Commissioner Logan moved, duly seconded by Commissioner Hinders, to approve the minutes of January 5, 2015. Motion carried unanimously. Item 5. Public Forum – Comments from Interested Citizens. No comments were made. Item 6. Consider and Take Appropriate Action on Update of Repairs to a Substandard Structure at 1615 4th Avenue. Director of Code Enforcement Danny Cornelius presented updated photos of the property located at 1615 4th Avenue. Mr. Cornelius stated during an inspection of the property with the property owner Sarah Kay Brent and her attorney Ron Spriggs and found the front canopy and repair of the doors needed to be completed. Mr. Cornelius said unsafe electrical throughout the building had been discovered and incomplete flashing between the ceiling and exterior block wall. Mr. Cornelius stated a lot of improvements had been made but the finishing work needed completion and a certified election would have to be hired. Mrs. Brent and her attorney Mr. Spriggs were present to answer questions and stated they understood what needed to be done. Mayor Alexander asked if they had a defined plan with estimates. Mrs. Brent said they planned to hire an electrician and get estimates on the roof repairs. After discussion about timelines of providing a plan, Commissioner Logan asked if a timeline for completion could be presented in 30 days. City Commission Meeting February 2, 2015 Page 2 of 5 Mr. Spriggs said they would have a timeline and strive to have estimates as well by the next meeting March 2, 2015. After discussion, Commissioner Logan moved, duly seconded by Mayor Pro-Tem Welch to allow improvements to the property at 1615 4th Ave to continue and that Mrs. Brent present a timeline of improvements to the City Commission at the March 2, 2015 Commission Meeting. Motion carried unanimously. Item 7. Hold Public Hearing and Consider and Take Appropriate Action on a Variance Request to Permit the Sale of Beer and Wine for Off-Premise Consumption at Allsup’s Store No. 92. Director of Code Enforcement Danny Cornelius presented a variance request submitted by Allsup’s Store No. 92. Mr. Cornelius stated the City of Canyon Commission had passed Ordinance No. 1008 November 4, 2014 prohibiting the sale of alcohol within 300 ft. of a school. Mr. Cornelius clarified this rule applied property line to property line when a school is involved. Allsup’s Store No. 92 is located at 902 8th Street, 80 ft. from the Canyon Jr. High School across the street. Mr. Cornelius said letters giving notice of the variance request had been sent out to property owners within 300 ft. as required by the variance process. Mr. Cornelius said of the 23 letters sent out, 10 were returned opposed to the variance including CISD and 1 in support. Mr. Cornelius said the CISD School Board met in January and opposed the variance by unanimous vote. Mayor Alexander opened the public hearing. Brian Ashburn of 4312 Springwood Drive, Clovis New Mexico approached the Commission. Mr. Ashburn stated he was the Director of Operations for Allsup’s and explained they have run into this situation a few times. Mr. Ashburn said they have a history of operating stores carrying alcohol with no problems and do not sell alcohol during times kids are in school. Mr. Ashburn said they requested the variance to be able to stay competitive. Mr. Ashburn stated he understood the reasons for the denial and appreciated consideration respectively. Jackie Edwards of 708 9th Ave, Canyon, Texas. Mr. Edwards stated he lived across the alley from Allsup’s and felt the addition of alcohol sales would not only increase trash and noise, but it was inappropriate to sell alcohol at that location. There being no other discussion, Mayor Alexander closed the public hearing. After discussion, Mayor Pro-Tem Welch moved, duly seconded by Commissioner Hinders to deny the variance for the sale of alcohol at Allsup’s Store No. 92. Motion carried 3-0 with Commissioner Logan abstaining. Item 8. First Reading of Resolution No. 01-2015, A Resolution Approving the Purchase of Property Consisting of 15 Acres Situated in Section 35, block B-5, H. & G.N. Railroad Survey, Abstract Number S-13535, Randall County, Texas, by the Canyon Economic Development Corporation. City Commission Meeting February 2, 2015 Page 3 of 5 Business and Community Development Director Evelyn Ecker presented Resolution No. 01-2015 for consideration. Mrs. Ecker said the CEDC voted unanimously to purchase the property owned by the City of Canyon located on US Hwy. 60 West at their December 11, 2014 meeting followed by a public hearing January 6, 2015 with no opposition. Mrs. Ecker said the intent of the CEDC was to acquire the property for potential economic development. Mrs. Ecker said the contract price for the property was $157,770. The second reading and requested adoption would be on the next commission agenda scheduled March 2, 2015. RESOLUTION NO. 01-2015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING THE PURCHASE OF PROPERTY CONSISTING OF 15 ACRES SITUATED IN SECTION 35, BLOCK B – 5, H. & G.N. RAILROAD SURVEY, ABSTRACT NUMBER S-13535, RANDALL COUNTY, TEXAS, BY THE CANYON ECONOMIC DEVELOPMENT CORPORATION. Item 9. Consider and Take Appropriate Action on Bids Received for Parking Lot Construction at 6th Avenue and 16th Street. City Manager Randy Criswell presented bids received for the construction of a parking lot at 6th Avenue and 16th Street. Mr. Criswell said the old CISD Administration building had been located there and purchased by the City of Canyon with the intent of building a parking lot with a block of green space in the southwest corner, a large tree left alone and some areas of landscaping around the perimeters. Mr. Criswell said the parking lot would be full concrete and the completion date was specified to be before the July 4th celebration. Mr. Criswell also stated Randall County had promised to contribute $300,000 towards the project since they would be using it as well as citizens. Mr. Criswell said only one bid was received by Lipham Asphalt and Paving of Hereford. After discussion, Commissioner Logan moved, duly seconded by Mayor Pro-Tem Welch to award the bid to Lipham Asphalt and Paving of Hereford for $641,945.00 as recommended. Motion carried unanimously. Item 10. Consider and Take Appropriate Action on Ordinance No. 1019, Amending Ordinance No. 434, The Industrial Waste Ordinance. City Manager Randy Criswell presented Ordinance No. 1019 for consideration. Mr. Criswell stated there is some industry looking at Canyon as a building location and in preparing to accommodate them, it was discovered the latest ordinance addressing industrial waste was 39 years old. Mr. Criswell said Ordinance No. 1019 was updated using industrial waste ordinances from cities from around the Texas Panhandle and put together by the Public Works Director Dan Reese, City Engineer Dwight Brandt and engineers from Freese and Nichols. After discussion, Commissioner Hinders moved, duly seconded by Commissioner Logan to adopt Ordinance No. 1019 as presented. Motion carried unanimously. ORDINANCE NO. 1019 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO City Commission Meeting February 2, 2015 Page 4 of 5 THE SANITARY SEWERS OF THE CITY OF CANYON, TEXAS; ESTABLISHING A PERMIT SYSTEM; ESTABLISHING A SYSTEM OF CHARGES FOR SERVICES RENDERED; REGULATING UNSEWERED AND MISCELLANEOUS DISCHARGES; PROVIDING FOR ENFORCEMENT, SEVERABILITY AND AN EFFECTIVE DATE. Item 11. Consider and Take Appropriate Action on Palo Duro Creek Golf Course Annual Report. Golf Course Superintendent John Haun and Golf Course Manager Casey Renner presented the Annual Report for the Palo Duro Creek Golf Course. After discussion, Mayor Pro-Tem Welch moved, duly seconded by Commissioner Logan to approve the Annual Palo Duro Creek Golf Course report as presented. Motion carried unanimously. Item 12. Consider and Take Appropriate Action on Annual Police Report and 2014 Racial Profiling Report from Chief of Police Dale Davis. Chief of Police Dale Davis presented the Annual Police and Racial Profiling Report for 2014. After discussion, Mayor Pro-Tem Welch moved, duly seconded by Commissioner Logan to approve the 2014 Annual Police and Racial Profiling Report as presented. Motion carried unanimously. Item 13. 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 Mayor Pro-Tem Welch moved, duly seconded by Commissioner Logan, to approve the Quarterly Finance Report as presented. Motion carried unanimously. Item 14. 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 Commissioner Logan moved, duly seconded by Mayor Pro-Tem Welch to approve the Investment Report as presented. Motion carried unanimously. Item 15. Consider and Take Appropriate Action on Resolution No. 03-2015, Ordering the May 9, 2015 General Election. After discussion, Commissioner Hinders moved, duly seconded by Mayor Alexander to adopt Resolution No. 03-2015 as presented. Motion carried unanimously. City Commission Meeting February 2, 2015 Page 5 of 5 RESOLUTION NO. 03-2015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON THE 9TH DAY OF MAY 2015, FOR THE PURPOSE OF ELECTING FIVE (5) MEMBERS OF THE CANYON CITY COMMISSION (MAYOR PLACE 1 AND PLACES 2, 3, 4 AND 5); DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Item 16. Executive Session Pursuant to Texas Government Code §551.072 Real Property, §551.087 Economic Development Negotiations, and §551.074 Personnel: Appointments to Boards and Commissions (Planning and Zoning Commission, Zoning Board of Adjustment, and Canyon Area Library Board). Mayor Alexander indicated the Commission would adjourn into executive session at 7:23 pm. Item 17. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 8:34 pm, the following action was taken. (Mayor Pro- Tem Welch had to leave the meeting at this time). Commissioner Logan moved, duly seconded by Mayor Alexander, to appoint Lorraine Pistocco and Andrew White to the Library Board replacing outgoing board members Janice Cranmer and Shelly Cunningham. Motion carried unanimously. Item 18. Adjournment There being no further business, Commissioner Hinders moved this meeting be adjourned. ______________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary