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 June 2017, 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. Pledge of Allegiance. 4. Approval of the Minutes of the Meeting of May 15, 2017. 5. Public Comment – Comments from Interested Citizens. 6. Presentation Regarding Texas Open Meetings Act. 7. Consent Agenda: It is recommended that the consent agenda be approved with one motion. A. Consider and Take Appropriate Action on Resolution No. 13-2014, A Resolution of the City Commission of the City of Canyon, Texas, Granting Exclusive Management Rights to the Canyon Chamber of Commerce Over the Downtown Square, Conner Park and Public Areas in and Around These Areas During the Annual Fourth of July Celebration July 4, 2017. B. Consider and Take Appropriate Action on Resolution No. 14-2017, A Resolution of the City Commission of the City of Canyon Prescribing Limitations on Parking or Standing Motor Vehicles or Trailers During Parade to be Held July 4, 2017 in the City of Canyon. 8. Consider and Take Appropriate Action on Presentation Regarding Upcoming 2017-2018 Budget 9. Update on Comprehensive Plan. 10. Executive Session Pursuant to §551.072 Deliberation Regarding Real Property, and §551.074, Appointments to Boards and Commissions (Comprehensive Plan Advisory Committee - CPAC). 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. 12. Consider and Take Appropriate Action on July meeting dates 13. 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 June 2017. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting May 15, 2017 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 Gary Hinders, and Justin Richardson. Commissioners David Logan and Joseph Shehan were 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, Director of Code Enforcement Danny Cornelius, Public Works Director Dan Reese, Chief of Police Dale Davis, Safety Director Tony Lawson, Fire Chief Mike Webb, Palo Duro Creek Golf Course Superintendent John Haun, Parks and Recreation Director Brian Noel and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:35 p.m. Item 2. Invocation. Mayor Pro-Tem Hinders gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Quinn Alexander. Mayor Alexander asked Police Chief Dale Davis to come forward. Chief Davis proceeded to present Sargent Carlos Hernandez with the Chiefs Excellence Award. Chief Davis stated Sargent Hernandez was very involved with the community and always does whatever necessary to address the needs of the citizens of Canyon. Item 4. Approval of Minutes of the Meeting of May 1, 2017. Commissioner Richardson moved, duly seconded by Mayor Pro-Tem Hinders, to approve the minutes of May 1, 2017 as presented. Motion carried unanimously. Item 5. Consider and Take Appropriate Action on Resolution No. 12-2017, Canvassing the Returns and Declaring the Results of the May 6, 2017 General Election. Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Richardson, to approve Resolution No. 12-2017 as presented. Motion carried unanimously. RESOLUTION NO. 12-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A GENERAL ELECTION HELD MAY 6, 2017 FOR THE PURPOSE OF ELECTING MAYOR PLACE 1, AND COMMISSIONER PLACES 2, 3, 4, AND 5 City Commission Meeting May 15, 2017 Page 2 of 3 Item 6. Oath of Office for Mayor Place 1 and Commissioners Place 2, 3, 4, and 5, Duly Elected for Purposes of the May 6, 2017 General Election. City Attorney Chuck Hester administered the Oath of Office to Mayor Gary Hinders, Commissioner Place 2 Cordell R. Jones, Commissioner Place 3 Paul R. Lyons, Commissioner Place 4 Roger Remlinger, and Commissioner Place 5 Justin Richardson. The newly elected Commissioners and Mayor took their seats. Item 7. Consider and Take Appropriate Action on Election of Mayor Pro-Tem for the City of Canyon Commission. City Manager Randy Criswell presented the City Commission with the task of electing a Mayor Pro-Tem as directed in the City of Canyon Charter. The Mayor and each Commissioner were given a piece of paper to write down their nomination. The Commissioners vote was 4-1 for Commissioner Justin Richardson to serve as Mayor Pro- Tem. Item 8. Public Comment – Comments from Interested Citizens. No Public Comments were made. Item 9. Presentation from Misty Rueda, Director, PPAS, Office of the Provost/VPAA, WTAMU, Regarding a Community Survey WTAMU Has Prepared Regarding Higher Education in the Area. Mayor Hinders introduced Misty Rueda and gave her the floor. Ms. Rueda stated she was working to get a Community Survey out to the public in order to received feedback about Higher Education in the area. Ms. Rueda requested the survey be placed on the City of Canyon website, Facebook, and that everyone share it with co-workers and friends. Item 10. Consider and Take Appropriate Action on Appointment of Comprehensive Plan Action Committee. Assistant City Manager for Special Projects addressed the Commission. Mr. Behrens stated the City was ready to move forward and begin the process of updating the City of Canyon Comprehensive Plan. Mr. Behrens stated the planning process would involve the community and result in a document that will guide the growth and development of Canyon over the next 10 to 20 years. Mr. Behrens stated as selected by the City Commission, Freese & Nichols would lead Canyon through the planning process centered on community engagement allowing the characteristics and values that Canyon citizens want reflected in their community. Mr. Behrens stated the first step was to appoint a Comprehensive Plan Advisory Committee (CPAC) who will meet with Freese & Nichols, City Leaders and staff throughout the planning process. Mr. Behrens said based on the experience of other cities, Freese & Nichols suggestions and research, it was suggested the composition of the CPAC be as follows.  1 City Commissioner as appointed by the City Commission City Commission Meeting May 15, 2017 Page 3 of 3  2 Members of the Planning and Zoning Commission as nominated by the P&Z Commission.  1 Member of the Parks Committee as nominated by the Parks Committee.  1 Member of the CEDC Board as nominated by the CEDC Board.  1 Member of the Chamber of Commerce as nominated by the Chamber Board.  1 Representative of CISD as nominated by CISD Superintendent.  1 Representative of WATMU as nominated by WTAMU President.  5 to 7 citizens from various backgrounds as nominated by the City Commission. Mr. Behrens stated he hoped to have nominations and make appointments to the CPAC at the June 5, 2017 City Commission Meeting. Mr. Behrens said that those making nominations should make sure those nominated understand how critical this committee is and that there will be a commitment of time, energy, desire and the need to show up to all meetings. Mayor Hinders asked if the Commission would have input? Mr. Behrens said there would be a joint meeting of the City Commission and the CPAC around the 4th meeting where the citizens desires would be expressed. Mayor Pro-Tem Richardson asked if the meeting dates had been set. Mr. Behrens said a tentative one had been but it all rests on when the CPAC is appointed. Item 11. Executive Session Pursuant to Texas Government Code §551.072 Deliberation Regarding Real Property, and §551.071 Consultation with Attorney. Mayor Hinders indicated the Commission would retire into Executive Session at 6:18 p.m. Item 12. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 7:15 p.m., no action was taken. Item 13. Adjournment There being no further business, Mayor Pro-Tem Richardson moved this meeting be adjourned. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary REGARDING ITEM 6 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: June 5, 2017 Re: Presentation Regarding Texas Open Meetings Act I know some of you plan on attending the TML Newly Elected Officials training this summer. I know you’ll find that extremely beneficial. As a newly elected official, the law requires that you have training in two things. One is the Texas Open Meetings Act (TOMA), and the other is the Public Information Act (PIA). You’ll receive training on both of these laws when you attend the TML training, but in the meantime, the Mayor felt like it would be a good idea to briefly touch on some of the highlights of TOMA, just to be sure everyone is aware of the basic law. Gretchen has prepared some highlights for us to discuss. Also, if you’d like to go ahead and take the TOMA and PIA training online, we can get you the link. City of Canyon  REGARDING ITEM 6 AGENDA PRESENTATION ONLY From: City Manager’s Office Date: June 1, 2017 Re: Presentation Regarding Texas Open Meetings Act. We have had several questions pertaining to the Texas Open Meetings Act and the Public Information Act since the election. In light of that, we have highlighted the most important aspects as they pertain to you, The City of Canyon Commission. Please note: the public does not have access to Executive Session memos and documentation. This information is for you as City Commissioners and key staff only. Please make sure your I-pad is not accessible to others. The Open Meetings Act was adopted to help make governmental decision-making accessible to the public. It requires that every regular, special, or called meeting of a governmental body shall be open to the public, except as provided by Chapter 551 of the Texas Gov’t code. The authority vested in a governmental body may be exercised only at a meeting of a quorum of its members.  What constitutes a quorum for purposes of the Act? A quorum is considered to be a simple majority of the members of the governmental body.  May a governing body hold a meeting if, for any reason, there is not a quorum present? A meeting cannot convene unless a quorum is present in the meeting room. Although Texas case law and attorney general opinions have not addressed whether a properly convened meeting could continue if a quorum is lost due to a later departure or temporary absence of a member, the body CANNOT take any action during a meeting if a quorum is not present.  Does the Act apply if a quorum of the governing body informally meets and no action or vote is taken on public business? The Act applies to a gathering of a quorum of a governing body if it discusses public business, regardless of whether there is any action or vote taken. All requirements under the Act must be followed for such gatherings unless otherwise provided under state law. A social gathering that is unrelated to the body’s public business, regional, state, or national conventions or workshops, ceremonial events, or press conferences, as long as no formal actions are taken and the discussion of public business does not take place, is not considered a “meeting”, but caution must be exercised so as not to appear to be violating the Act.   Is a gathering of less than a quorum of a governing body subject to the Act? State law provides that if less than a quorum of the governing body gathers to intentionally or knowingly circumvent the Act, criminal penalties can be imposed against the participating officials. In other words, if members are holding discussion of public business in numbers less than a quorum, this avoids meeting the requirements of the Act, criminal prosecution can result.  May less than a quorum of members of the governing body talk over the phone without violating the Act? The mere fact that less than a quorum of members of a governing body talk over the phone does not in itself constitute a violation of the Act. However, if members are using telephone conversations to conduct their deliberations about public business, there may be potential criminal violations.  Meeting in Numbers Less than a Quorum with Intent to Circumvent the Act. A member of a governing body commits a crime if that member intentionally or knowingly conspires to circumvent the Act by meeting in numbers of less than a quorum for the purpose of secret deliberations. This violation is a misdemeanor punishable by a fine of between $100 and $500, one to six months in jail, or both. This means if one of you run into another Commissioner at the store, express your opinion on an item being considered now or possibly in the future, then one of you go home and talk to another member and say “hey I talked to so and so and we think this is great”. And discuss why, you’ve just participated in a city business discussion with a quorum and violated the ACT.  May a quorum of the members of the governing body receive a briefing from staff without being subject to the Open Meetings Act? A governing body is subject to the Act when it receives a briefing from staff.  What may members of a governing body do if an unposted issue is raised at an open meeting? Members of the governing body may not deliberate or make any decision about an unposted issue at a meeting of the governing body. If an unposted item is raised by members or the general public, the governing body has four options. 1. an official may respond with a statement of specific factual information or recite the governmental body’s existing policy on that issue. 2. an official may direct the person making the inquiry to visit with staff about the issue. 3. the governing body may offer to place the item on the agenda for discussion at a future meeting. 4. the governing body may offer to post the matter as an emergency item if it meets the criteria for an emergency posting.  May a governing body approve items or take a straw poll in a closed meeting? A court has held that a member of a governing body may indicate during an executive session how he or she plans to vote on an item. However, the governing body may not conduct a straw vote or a formal vote during such a session. The Act requires that any final action, decision or vote be taken in an open meeting.   May a member of a governing body or staff release a copy of a certified agenda or recording to the public? A certified agenda or recording kept from a closed meeting may be disclosed to a member of the public only under a court order. There are criminal penalties for releasing a copy of the certified agenda to the public without a court order. The certified agenda and recording of a closed meeting are considered confidential under the Public Information Act. An individual, corporation or partnership commits a crime if it releases to the public a copy of the certified agenda or recording of a lawfully closed meeting. This violation is a Class B misdemeanor and is punishable by a fine of up to $2,000, a jail term of up to 180 days, or both. Also, the person or entity that is harmed by the release of the certified agenda or recording may get damages, attorney fees and court costs.  Forms of Public Information: The Public Information Act applies to recorded information in practically any medium, including a book, paper, letter, document, e-mail, internet posting, text message, instant message (electronic communication), photos, printout, film, tape, sound recording, even a drawing. There are very few exceptions. It is advised to keep your personal email accounts and text messages separated from City Commission related emails and texts.  What access does the public have to the minutes or recording of an open meeting? The minutes or recording of an open meeting are open to the public and must be available for inspection or copying. We have also been asked what your course of action is if a citizen or employee approaches you as a City Commissioner with a complaint, concern or request. Citizen –  Remind the citizen that as a Commissioner, you have to remain impartial.  Use the chain-of-command and refer the citizen to the City Manager  Inform the City Manager promptly of the complaint/concern/request. City Employee –  Remind employee to go through the proper chain of command  As a Commissioner, you must remain impartial. You do not have a role in personnel matters.  Inform the City Manager of the complaint/concern/request. We hope this is helpful. The required training several of you are attending in July will be very helpful and much more informative. Please feel free to contact Randy with any questions. City of Canyon REGARDING ITEM 7 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: June 5, 2017 Re: Consent Agenda. There are two items on the Consent Agenda pertaining to the annual 4th of July celebration. These are all things that we’ve done for several years, but they have to be repeated each year. These two resolutions are recommended for approval in one motion. Resolution 13-2017 grants full authority to the Canyon Chamber of Commerce to manage and control all activities for the 4th of July celebration that will occur around the Downtown Square and at Conner Park. Resolution 14-2017 Enacts Ordinance No. 892 which prohibits parking along designated parade routes on July 4, 2017. City of Canyon  RESOLUTION NO. 13-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, GRANTING EXCLUSIVE MANAGEMENT RIGHTS TO THE CANYON CHAMBER OF COMMERCE OVER THE DOWNTOWN SQUARE, CONNER PARK AND PUBLIC AREAS IN AND AROUND THESE AREAS DURING THE ANNUAL FOURTH OF JULY CELEBRATION JULY 4, 2017. WHEREAS, the Canyon Chamber of Commerce organizes and hosts various special events throughout the year including the 4th of July; and WHEREAS, this patriotic holiday and Chamber Event has become popular in the City of Canyon drawing thousands of visitors and vendors benefitting the City; and WHEREAS, there is a need for control and management of all activities during Chamber of Commerce Celebrations to control noise; solicitors; crowding from booths, trailers, bouncers, large trucks and trailers; generators and other non-approved vendors. WHEREAS, the Chamber, its sponsors and membership have a substantial investment in this event making it a successful and enjoyable day for the entire community and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: That the City Commission of the City of Canyon hereby grants exclusive management rights over the Downtown Square, Conner Park and the streets and alleys immediately adjacent to these areas to the Canyon Chamber of Commerce when utilized for the 4th of July celebration to be held on July 4, 2017. PASSED AND APPROVED this 5th day of June 2017. GARY HINDERS, MAYOR ATTEST: Gretchen Mercer, City Clerk  RESOLUTION NO. 14-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON PRESCRIBING LIMITATIONS ON PARKING OR STANDING MOTOR VEHICLES OR TRAILERS DURING PARADE TO BE HELD JULY 4, 2017, IN THE CITY OF CANYON. WHEREAS, the City Commission of the City of Canyon has previously adopted Ordinance No. 892 which added §72.12 to the Code of Ordinances of the City of Canyon; and, WHEREAS, the City Commission finds that the safety of the public during parades requires regulation of parking motor vehicles and trailers on and along the proposed parade routes in the City; and, WHEREAS, the City Commission finds that regulation of parking as set forth herein is in the best interest of the citizens of the City of Canyon and other members of the general public attending parades in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: 1. That July 4, 2017 is designated as the day upon which a parade may be held in the City to celebrate Independence Day. 2. Parking or allowing motor vehicles and trailers to stand on or along the roadway of 4th Avenue within the City of Canyon on July 4, 2017 shall be prohibited at the following locations: a) 1100 Block through the 1300 Block - 7:00 a.m. thru 1:00 p.m. b) 1700 Block through the 3400 Block - 7:00 a.m. thru 1:00 p.m. c) 1400 Block through the 1600 Block - 7:00 a.m. thru 4:00 p.m. 3. The Canyon Police Department may erect any warning signage or barricades to control parking or traffic movement on 4th Avenue on the parade days as the Chief of Police and City Manager may deem appropriate. Adopted on June 5, 2017. GARY HINDERS, Mayor ATTEST: Gretchen Mercer, City Clerk (parking-ord-892.resolution) REGARDING ITEM 8 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: June 5, 2017 Re: Consider and Take Appropriate Action on Presentation Regarding Upcoming 2017-2018 Budget. I wanted to discuss with you a little about the budget and the process we’ve typically gone through, some explanation about the budget and some history, and then get some input from you on things you might feel strongly about as far as the upcoming budget. I have a brief Power Point presentation to run through with you. City of Canyon REGARDING ITEM 9 AGENDA To: Randy Criswell, City Manager From: Jon Behrens, Assistant to the City Manager Date: June 1, 2017 Re: Comprehensive Plan Update This memo is to serve as an update on the progress we have made related to the Comprehensive Plan Project. Over the past month I have been in contact with Cody Richardson and Dan Sefko on multiple occasions. The following tasks have been accomplished as of today:  Forwarded to Cody all of the information that he has requested  The logo/name for the Comprehensive Plan has been selected  Canyon Comprehensive Plan Survey has been developed and posted on City website www.surveymonkey.com/r/CanyonCP and process started to encourage residents to complete the survey. As of 5/30/17 217 surveys have been completed. Mailing our 120 letters encouraging citizens from our 2016 Town Hall meeting invitation list to complete the survey.  A tentative 11 month Project Schedule has been developed  Discussed the possibility of providing information related to the project on the Square on July 4  In process of selecting CPAC members  Developing plans to advertise the June 27 Public Meeting The date for the initial on-site visit from the Freese & Nichols (F&N) team has been set as June 26 & 27. This date is based on the team’s availability and the desire to keep the project moving at an appropriate pace. The initial visit will include the first CPAC meeting, multiple stakeholder meetings, site visits, and a Public Meeting. The team will hold an initial meeting with City staff at 3:30 on June 26 and will wrap up the visit with the Public Meeting at 6 pm on June 27. City of Canyon  AGENDA One component of this first visit is the opportunity for Freese & Nichols to hold up to 12 stakeholder interviews. These interviews are designed for the team to meet with various individuals in 30 minute time periods. During this first visit it is our goal to provide the City Commissioners, the City Manager, and Senior City Staff with the opportunity to meet with the F&N team. As the interview schedule develops, there may be open times that will allow the team to interview community stakeholders or tour the City. Based on our current schedule we should have 30 minute interview time slots available from 8:30- 11:30 am and from 1-3:30 pm on Tuesday, June 27. I propose that we contact the City Commissioners and schedule their interview prior to scheduling any other interviews. Once we have the Commissioners scheduled we can determine the number of available slots and schedule them. The F&N team has found the interviews to be greatly beneficial in the past. Should we have any stakeholders not available during the first visit, I have no doubt that we can hold interviews during the second visit if we choose to do so. As I have discussed this project with Dan and Cody it has become increasingly clear that this team is prepared to do an excellent job for us. I certainly think that if we follow their process we will end up with a Comprehensive Plan that will help successfully guide our community for many years. Let me know if you have any questions related to this memo or the process we are about to embark on. City of Canyon REGARDING ITEM 12 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: June 5, 2017 Re: Consider and Take Appropriate Action on July meeting dates. Since the first meeting in July would be on the 3rd, which is a big concert evening for Canyon in conjunction with the 4th celebration, I’d recommend we do not meet that evening. As such, we’d push the July meetings to the 10th and the 24th, and also need to talk about a Budget Work Session. Typically, the Budget Work Session has been a half-day session, meet about noon, we bring in lunch, have about an hour to eat, and then go into the meeting to discuss budget. Four or 5 hours is plenty of time for that, or it has been in the past. Then we can usually take a short break, and re-convene at 5:30 for the regular meeting. 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