City of Canyon Commission Meetings

City Commission Meeting October 19, 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 Alexander presided over the meeting with the following Commissioners in attendance: Mayor Pro-Tem Gary Hinders, Justin Richardson, David Logan and Joe Shehan. 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, Director of Code Enforcement Danny Cornelius, Parks and Recreation Director Brian Noel, Director of Public Works Dan Reese, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:30 p.m. Item 2. Invocation. Commissioner Richardson gave the invocation. Item 3. Pledge of Allegiance. Brett Rose and Joshua Gilmore of Boy Scouts Pak 4 led the Pledge of Allegiance. Item 4. Approval of Minutes of the Meeting of October 5, 2015. Commissioner Shehan moved, duly seconded by Commissioner Hinders, to approve the minutes of October 5, 2015 as presented. Motion carried unanimously. Item 5. Public Forum – Comments from Interested Citizens. No comments were made. Item 6. Hold Public Hearing and Consider and Take Appropriate Action on Variance Request to Permit a Wine and Beer Retailer’s Permit with a Food and Beverage Certificate at Verona Italian Bistro, 2301 12th Ave. Director of Code Enforcement Danny Cornelius presented a request for a variance for a Wine and Beer Permit with a Food and Beverage certificate for Verona Italian Bistro located at 2101 12th Avenue. Mr. Cornelius stated the initial permit application for Verona Italian Bistro was denied due to being located 90 feet from the Reeves-Hinger Elementary School at 1005 21st Street. Mr. Cornelius stated Chapter 156, Section 5.13 prohibits the sale of alcoholic beverages within 300’ of a school. Mr. Cornelius said the owner of Verona’s Italian Bistro had applied for a variance to this rule according to Chapter 156, Section 5.13, which allows the City Commission to grant a variance to the regulation. Mr. Cornelius stated letters were sent out to 21 property owners within 300 feet of the property stating the intent of the variance. Mr. Cornelius said they received a total of 10 responses with 2 opposed and 8 in support. Mr. Cornelius stated that Canyon Independent School District received one of the letters and were in support of the variance as long as the City Commission Meeting October 19, 2015 Page 2 of 6 intent didn’t change. Mr. Cornelius said the owners of Verona’s Italian Bistro, Ani and Ervin Canga were present to answer any questions. 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 Shehan to approve the variance as requested. Motion carried unanimously. Item 7. Consider and Take Appropriate Action on Resolution No. 22-2015, Pertaining to Chamber of Commerce Christmas Events to be Held on December 5, 2015. City Manager Randy Criswell presented Resolution No. 22-2015 for consideration. Mr. Criswell stated the Canyon Chamber of Commerce has requested permission to conduct their annual Light Parade and other activities to kick off the Christmas Season. Mr. Criswell said the Light Parade route would be coming from 19th Street to 15th Street, then circling the Square. Mr. Criswell said Resolution No. 22-2015 would support the parade and events and grant them exclusive rights to the management of the Downtown Square and immediate area similar to the July 4th celebration. After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Richardson to adopt Resolution No. 22-2015 as presented. Motion carried unanimously. RESOLUTION NO. 22-2015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON PRESCRIBING LIMITATIONS ON PARKING OR STANDING MOTOR VEHICLES OR TRAILERS DURING A PARADE; GRANTING EXCLUSIVE MANAGEMENT RIGHTS TO THE CANYON CHAMBER OF COMMERCE OVER PUBLIC AREAS IN AND AROUND THE DOWNTOWN SQUARE FOR THE ANNUAL CHRISTMAS IN CANYON CELEBRATION TO BE HELD DECEMBER 5, 2015, IN THE CITY OF CANYON. Item 8. Consider and Take Appropriate Action on Ordinance No. 1030, Nomination for the Texas Enterprise Program. City Attorney Chuck Hester presented Ordinance No. 1030 for consideration. Mr. Hester said the adoption of Ordinance No. 1030 would be the last piece of the financial package for Lone Star Dairy Products, LLC. by nominating them as a qualified business to participate in the Texas Enterprise Program. Mr. Hester said a Public Hearing was required for the official adoption of the Ordinance and recommended one be held at the next scheduled meeting. After discussion, Commissioner Logan moved, duly seconded by Commissioner Shehan table consideration of Ordinance No. 1030 and to present it at the next scheduled meeting holding a public hearing at that time. Motion carried unanimously. City Commission Meeting October 19, 2015 Page 3 of 6 Ordinance No. 1030 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, ORDAINING THE CITY’S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING LONE STAR DAIRY PRODUCTS LLC TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) AS AN ENTERPRISE PROJECT (PROJECT). Item 9. Consider and Take Appropriate Action on Resolution No. 19-2015 Regarding the Execution of an Interlocal Governmental Agreement with the Panhandle Regional Planning Commission (PRPC) for Administration Services Associated with the US EDA Grant for Wastewater Collection System Improvements to Serve the Industrial Development Initiated by the Lone Star Dairy Products Facility. Director of Public Works Dan Reese presented Resolution No. 19-2015 for consideration. Mr. Reese said the City of Canyon had entered into a contract with the United States Department of Commerce, Economic Development Administration, receiving a grant for wastewater system improvements needed to serve the Lone Star Dairy Products plant and other potential industrial development in the area of their facility. Mr. Reese said the grant is a 50-50 matching grant for a total of $1,160,400 with the city matching 50% of the total or $580,200. Mr. Reese stated Resolution No. 19-2015 would authorize the city manager to execute an Interlocal governmental agreement between the City of Canyon and the PRPC for grant management and administrative services associated with the EDA grant. Mr. Reese said the agreement included payment of $50,000 to the PRPC for the services. After discussion, Commissioner Logan moved, duly seconded by Mayor Pro-Tem Hinders to adopt Resolution No. 19-2015 as presented. Motion carried unanimously. RESOLUTION NO. 19-2015 ADMINISTRATIVE SERVICES ASSOCIATED WITH ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT AWARD #08-01-05039. Item 10. Consider and Take Appropriate Action on Resolution No. 21-2015, Selecting Brandt Engineers to Perform Design and Construction Phase Engineering Services Associated with US EDA Grant for Wastewater Collection System Improvements to Serve the Industrial Development Initiated by the Lone Star Dairy Products Facility. Director of Public Works Dan Reese presented Resolution No. 21-2015 for consideration. Mr. Reese stated the EDA Grant discussed in Item 9 required the City of Canyon to request proposals for engineering services associated with the design and construction of the sewer system improvements project. Mr. Reese said two proposals were received from Brandt Engineers and OJD Engineering. Mr. Reese said the proposals were evaluated and scored on October 2, 2015 by Assistant City Manager for Special Projects Jon Behrens, Assistant City City Commission Meeting October 19, 2015 Page 4 of 6 Manager Chris Sharp and himself based on grant standard scoring criteria provided by the PRPC. Mr. Reese stated Brandt Engineers received the higher average score and it was staff’s recommendation that Resolution No. 21-2015 be adopted selecting Brandt Engineers to provide engineering services for the wastewater system improvements project, under the EDA grant. After discussion, Commissioner Richardson moved, duly seconded by Mayor Pro-Tem Hinders to adopt Resolution No. 21-2015 as presented. Motion carried unanimously. Mr. Reese commended Kyle Ingham with the PRPC for all the hard work on the grant. RESOLUTION NO. 21-2015 ENGINEERING SERVICES ASSOCIATED WITH ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT AWARD #08-01-5039. 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 discussion Commissioner Logan moved, duly seconded by Commissioner Shehan 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 discussion Commissioner Shehan moved, duly seconded by Commissioner Richardson, to approve the Quarterly Investment Report as presented. Motion carried unanimously. Item 13. Consider and Take Appropriate Action on City of Canyon’s Investment Policy. Assistant City Manager Chris Sharp presented the City of Canyon’s Investment Policy for approval as required by Local Government Code Chapter 2256. Mr. Sharp stated there were no major changes at this time. Commissioner Hinders stated the last sentence in Section X, D-6 (The expenditures made shall not cause the fund balance to drop below 50%). Conflicted with prior language in the policy and felt that it should be removed. After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Shehan to approve the City of Canyon Investment Policy with the amendment of removing the final sentence in Section X, D-6. Motion carried unanimously. Item 14. Consider and Take Appropriate Action on Budget Amendment by Finance Director Chris Sharp. Assistant City Manager presented a Budget Amendment for consideration. Mr. Sharp stated the amendment would “formalize” expenditures approved by the Commission over the last year that were not budgeted for. Mr. Sharp said in the future, the city would do budget amendments as extra expenditures arise and are approved by the Commission. City Commission Meeting October 19, 2015 Page 5 of 6 After discussion, Commissioner Logan moved, duly seconded by Commissioner Richardson to approve the Budget Amendment as presented. Motion carried unanimously. Mayor Alexander then expressed appreciation to Assistant City Manager Chris Sharp for doing a good job on the budget amendment. Item 15. Consider and Take Appropriate Action on Ordinance No. 1031, Reducing TMRS Retiree COLA from 70% to 50% of the CPI as Defined and Administered by the Texas Municipal Retirement System (TMRS). City Manager Randy Criswell presented Ordinance No. 1031 for consideration. Mr. Criswell said as requested by the City of Canyon Commission, the adoption of Ordinance No. 1031 would reduce the COLA for retirees from 70% of the CPI to 50%. Mr. Criswell said this would change the city’s contribution rate from the current 17.15% to 14.18%, reduce the Unfunded Actuarial Liability from $4.2 million to $2.9 million and increase the cities Funded Ratio from 83.5% to 88%. Mr. Criswell stated the law is written where once the retiree COLA is reduced to 50%, and later reinstated to 70%, back payment would have to be made to all retirees. Mr. Criswell said he had visited with the Executive Director of TMRS, David Gavia, extensively, and Mr. Gavia cautioned that everyone be aware of the facts. After discussion, the Commission requested that Mr. Criswell ask the Executive Director of TMRS, Mr. David Gavia, to provide more information about retiree COLA options. TEXAS MUNICIPAL RETIREMENT SYSTEM ORDINANCE NO. 1031 AN ORDINANCE PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY OF CANYON , AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Item 16. Consider and Take Appropriate Action on Acceptance of Gift from Anonymous Donor. Gift Proposed Is a Restored Portion of the Sad Monkey Railroad. City Manager Randy Criswell presented a proposed gift of a portion of the Sad Money Railroad from Palo Duro Canyon State Park as requested by an anonymous donor. Mr. Criswell said the donors are currently making arrangements to have the locomotive and a couple of the cars restored to their original state so that the city does not receive a “project”. Mr. Criswell said the final display destination would be determined at a later date. After discussion, Commissioner Richardson moved, duly seconded by Mayor Alexander to accept the donation of the restored portion of the Sad Monkey Railroad. Motion carried unanimously. After acceptance of the gift, Mr. Criswell revealed that the donors of the Sad Monkey Railroad cars were Barbara and David Logan. Commissioner Logan said they didn’t wish to influence the vote so requested to be anonymous. City Commission Meeting October 19, 2015 Page 6 of 6 Item 17. Executive Session Pursuant to Texas Government Code, §551.074 Personnel: Appointments to Boards and Commissioner (Zoning Board of Adjustment), and §551.072 Real Property. . Mayor Alexander indicated the Commission would adjourn into executive session at 7:32 pm. Item 18. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 8:21 pm, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Logan to appoint Wiley Harp to the Zoning Board of Adjustment. Motion carried unanimously. Item 19. Adjournment There being no further business, Mayor Pro-Tem Hinders moved this meeting be adjourned. ______________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary