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 7th day of August 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 July 24, 2017. 5. Public Comment – Comments from Interested Citizens. 6. Conduct First Public Hearing on Ordinance No.1062 for Annexation of JJ Randall Property for Skilled Nursing Facility. 7. Consider and Take Appropriate Action on Resolution No. 19-2017, Approving a Fireworks Display Within the City Limits, in Conjunction With Annual Buff Branding. 8. Budget Work Session. 9. Consider and Take Appropriate Action on Taking Record Vote on Proposed Tax Rate, and Adopt Budget Calendar Setting Dates for Public Hearing. 2 motions have to be made 1st Motion - I move to adopt $0.39083 as the maximum M&O proposed tax rate and to adopt $0.06401 as the I&S tax rate. Each Commissioner will have to verbally vote individually. 2nd - Motion to adopt the budget calendar setting the dates for two public hearings. 10. Executive Session Pursuant to §551.072 Deliberation Regarding Real Property, and §551.074 Appointments to Boards and Commissions (Canyon Economic Development Corporation Board of Directors. 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. 12. Adjourn. 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 4th day of August 2017. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting July 24, 2017 The City Commission of the City of Canyon met in regular session at 1:00 p.m. in the City Commission Chambers of the Civic Complex. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance, Mayor Pro-Tem Justin Richardson, Cordell Jones, Roger Remlinger and Paul R. Lyons. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, Director of Code Enforcement Danny Cornelius, Public Works Director Dan Reese, Assistant City Manager for Special Projects Jon Behrens, Business and Community Development Director Evelyn Ecker, Librarian Sandra Munger, Chief of Police Dale Davis, Golf Course Superintendent John Haun, Safety Director Tony Lawson, Police Captain Ray Resendez, Fire Chief Mike Webb, Parks and Open Space Director Brian Noel, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 1:01 p.m. Item 2. Invocation. Commissioner Jones gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Remlinger. Item 4. Approval of Minutes of the Meeting of July 10, 2017. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones, to approve the minutes of July 10, 2017 as presented. Motion carried unanimously. Item 5. Public Comment – Comments From Interested Citizens. No public comments were made. Item 6. Hold Public Hearing and Consider and Take Appropriate Action on Request to Replat 93 Hunsley Hills Blvd from Required Front Yard Setback of 25’ to 17’. Code Enforcement Director Danny Cornelius presented a requested replat for construction at 93 Hunsley Hills Blvd from the property owner. Mr. Cornelius said the front setback is the distance from the front of the property line to the front of the building and the zoning ordinance requires that distance to be 25’. Mr. Cornelius said a lessor distance is allowable with approval of the City Commission. Mr. Cornelius stated the request has been made because the builder measured the setback from the back of the curb instead of the front property line resulting in the building being built 8’ closer to the front property line than it should have been. Mr. Cornelius stated the mistake wasn’t caught with the foundation inspection and was realized after the garage walls were erected. After discussion with City Manager Randy Criswell it was decided the best course of action was to present a request to replat to the Planning and Zoning Commission followed by presenting their decision to the City Commission for the final decision. Mr. Cornelius said 25 letters were sent out City Commission Meeting July 24, 2017 Page 2 of 3 to property owners within 200’ and received 8 responses with 3 in support and 5 opposing the request. Mr. Cornelius stated the neighbor next door at 91 Hunsley Hills Blvd, Mr. Aaron DeLong was opposed, but after attending the Planning and Zoning Commission meeting and hearing the details, he felt the situation would have no adversity to property values. Commissioner Lyons stated most communities have a 20’ setback so he didn’t see any issue with 17’. Mr. Cornelius stated the Planning and Zoning Commission voted 4-2 to recommend approval of the plat. Mayor Hinders opened the public hearing at 1:14 pm. There being no comment, Mayor Hinders closed the public hearing at 1:14 pm. After discussion, Commissioner Lyons moved, duly seconded by Commissioner Remlinger to approve the replat as presented and recommended by the Planning and Zoning Commission. Motion carried unanimously. Item 7. Consider and Take Appropriate Action on Quarterly Investment Report by Finance Director Chris Sharp. Assistant City Manager Chris Sharp presented the Quarterly Finance Report. After discussion Commissioner Jones moved, duly seconded by Mayor Pro-Tem Richardson to approve the Quarterly Finance Report for the third quarter as presented. Motion carried unanimously. Item 8. 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 Jones moved, duly seconded by Commissioner Remlinger to approve the Quarterly Investment Report for the third quarter as presented. Motion carried unanimously. Item 9. Consider and Take Appropriate Action on Resolution No. 16-2017 – A Resolution of the City Commission of the City of Canyon, Texas, Authorizing the Submission and Acceptance of a Grant Application to the Office of the Governor for the Rifle-Resistant Body Armor Program for the Canyon Police Department; Authorizing the City Manager to Represent the City in All Matters Pertaining to This Application. Police Chief Dale Davis presented Resolution No. 16-2017 for consideration. Chief Davis said with the shooting that took place July 7th, 2016 in Dallas, Texas, resulting in the injury and death of police officers, Senate Bill 12 was passed authorizing the Criminal Justice Division of the Governor’s Office to create this grant program to increase safety of Texas Law Enforcement Officers. Chief Davis said the grant was for $18,000 to purchase 23 rifle-resistant body armor vests and there was no match required from the City of Canyon. After discussion, Commissioner Lyons moved, duly seconded by Commissioner Jones to adopt Resolution No. 16-2017 as presented. Motion carried unanimously. RESOLUTION NO. 16-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, AUTHORIZING THE SUBMISSION AND ACCEPTANCE OF A City Commission Meeting July 24, 2017 Page 3 of 3 GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR FOR THE RIFLE-RESISTANT BODY ARMOR PROGRAM FOR THE CANYON POLICE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO REPRESENT THE CITY IN ALL MATTERS PERTAINING TO THIS APPLICATION. Item 10. Executive Session Pursuant to §551.072 Deliberation Regarding Real Property, §551.074 Appointments to Boards and Commissions (Canyon Economic Development Corporation Board of Directors, and §551.074 Personnel Matters (Evaluation Process for City Manager). Mayor Hinders indicated the Commission would adjourn into Executive Session at 1:36 pm. Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session, Upon returning from Executive Session at 2:25 pm, no action was taken. Item 12. Budget Presentation and Work Session. City Manager Randy Criswell presented the proposed City of Canyon Budget for Fiscal Year 2017- 2018 with a power point presentation highlighting major changes and requests by various departments. City of Canyon Department Heads were present to answer any questions. 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: August 2, 2017 Re: Conduct First Public Hearing on Ordinance No. 1062 for Annexation of JJ Randall Property for Skilled Nursing Facility. You recently adopted Ordinance No. 15-2017, establishing an Annexation Calendar for the annexation of the JJ Randall property where a skilled nursing facility is intended. Tonight, based on that calendar, you need to conduct the first public hearing. Our City Charter and State Law require public hearings for annexations, so this is the first of two. Tonight’s action is simply to Conduct a Public Hearing on Ordinance No. 1062. City of Canyon  ORDINANCE NO. 1062 ANNEXING TERRITORY TO THE CITY OF CANYON UPON THE VOLUNTARY PETITION OF JJ RANDALL, LLC, a Texas Limited Liability Company AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. WHEREAS, the TEXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon authorizes the annexation of the territory described in this Ordinance subject to the laws of the State of Texas; and, WHEREAS, the procedures prescribed by the TEXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon and the other laws of the State of Texas have been duly complied with and followed with respect to the annexation of the following described territory, to wit: METES AND BOUNDS DESCRIPTION 6.0+ ACRES TRACT #1: A 6.00 acre tract of land out of Section 63, Block B-5, H.&G.N. RR Co. Survey, Randall County, Texas, and being further described by metes and bounds as follows: BEGINNING at a 3/8 inch iron rod with cap stamped "HBD" set in the North line of Section 63, Block B-5, H.&G.N. RR Co. Survey, Randall County, Texas, also being in the South line of Lot 1, Block 1, Conner Park Addition, a recorded plat to the City of Canyon, Texas, under Clerk's File No. 2016-020496, of the Official Public Records of Randall County, Texas, from Whence a railroad spike found for the Northwest corner of said Section 63 bears North 89 degrees 19 minutes 13 seconds West, for a distance of 4030.60 feet; THENCE South 00 degrees 42 minutes 11 seconds West, for a distance of 512.00 feet to a 3/8 inch iron rod with cap stamped "HBD" set for the Southwest corner of this tract; THENCE South 89 degrees 19 minutes 13 seconds East, for a distance of 510.47 feet to a 3/8 inch iron rod with cap stamped "HBD" set for the Southeast corner of this tract; THENCE North 00 degrees 42 minutes 11 seconds East, at a distance of 500.90 feet pass a 1/2 inch iron rod found for the Northwest corner of Lot 7, Block 32, of Canyon Crest Apartments Planned Development, a recorded plat to the City of Canyon, Texas, under Clerk's File No. 2002-16962, of the 1 Official Public Records of Randall County, Texas, continuing for a total distance of 512.00 feet to a 1/2 inch iron rod found for the Northeast corner of this tract; THENCE North 89 degrees 19 minutes 13 seconds West, along the North line of said Section 63, at a distance of 223.08 feet pass a 3/8 inch iron rod with cap stamped "HBD found for the Southeast corner of said Lot 1, Block 1, Conner Park Addition, continuing for a total distance of 510.47 feet to the PLACE OF BEGINNING. Said tract of land contains a computed area of 6.00 acres of land. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1.: That the property hereinabove described is hereby annexed to the City of Canyon, a home rule municipal corporation in Randall County, Texas, and that the boundary limits of the City of Canyon be and the same are hereby extended to include the above-described territory within the city limits of the City of Canyon and the same shall hereafter be included within the territorial limits of said City and the inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens the City of Canyon and shall be bound by the acts, ordinances, resolutions and regulations of the City of Canyon. SECTION 2.: The City Clerk of the City of Canyon is hereby directed to file with the County Clerk of Randall County, Texas, a certified copy of this Ordinance to evidence the annexation of the territory herein described and the extension of the city limits of the City to include all such property. ADOPTED by the City Commission of the City of Canyon on September 11, 2017. _______________________________________ GARY HINDERS, Mayor ATTEST: _____________________________________ GRETCHEN MERCER, City Clerk (ACKNOWLEDGMENT) 2 THE STATE OF TEXAS § COUNTY OF RANDALL § This instrument was acknowledged before me on the day of September, 2017, by GARY HINDERS, Mayor of the City of Canyon, Texas. _____________________________________________ Notary Public, State of Texas Commission Expires: AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: RANDY CRISWELL CHUCK HESTER City Manager City Attorney City of Canyon City of Canyon 301 16th Street 1507 Fourth Avenue, Suite A Canyon, Texas 79015 Canyon, Texas 79015 3 REGARDING ITEM 7 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: August 2, 2017 Re: Consider and Take Appropriate Action On Resolution No. 19-2017, Approving a Fireworks Display Within the City Limits, in Conjunction With Annual Buff Branding. We’ve received a request from WTAMU to allow them, as we’ve done in the past, to conduct a fireworks display inside the City Limits. Since Fireworks are prohibited inside the City Limits, your approval is necessary. The event will be part of the annual Buff Branding festivities, and will occur on August 26, 2017, at the Buffalo Sports Park. The event will be professionally conducted. It is staff’s recommendation that Resolution No. 19-2017 be approved. City of Canyon To whom this may concern, Every year, West Texas A&M University hosts “Buff Branding” to welcome our new students to campus. This year, for the second time, Buff Branding is entirely student planned and implemented by Rogers LEAD WT Scholars. The theme this year is “IGNITE” and in order to help the new students “IGNITE” their passion at WT, Rogers LEAD WT has planned pyrotechnic show to be handled by Blaine Bertrand with TEXAS at the Buffalo Sport Park here on the campus of West Texas A&M University on Saturday, August 26, 2017 at 9:30 pm. On behalf of the Rogers LEAD WT and West Texas A&M University, I humbly ask that the City Council of Canyon, Texas writes a resolution allowing the pyrotechnic show on August 26, 2017 at the Buffalo Sports Complex. If you have any questions feel free to ask. Thank you so much. As Always, Go Buffs! Garrett Robinson Missy Macon Rogers LEAD WT Scholar Leadership Coordinator – Rogers LEAD WT West Texas A&M University West Texas A&M University (806) 681-0265 (cell) (806) 651-4020 - (806) 570-1945 (cell) gdrobinson1@buffs.wtamu.edu mmacon@wtamu.edu  RESOLUTION NO. 19-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, APPROVING A FIREWORKS SHOW WITHIN THE CITY LIMITS OF CANYON FOR THE WEST TEXAS A&M UNIVERSITY BUFF BRANDING FESTIVITIES AUGUST 26, 2017. WHEREAS, A Fireworks show will be conducted within the city limits of Canyon August 26, 2017 in the Buffalo Sport Park in celebration of West Texas A&M University’s annual Buff Branding; and WHEREAS, Blaine Bertrand, a pyrotechnic with the TEXAS Outdoor Musical will handle the fireworks show; and 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 permission for a fireworks show within the city limits of Canyon Saturday, August 26, 2017 PASSED AND APPROVED this 7th day of August, 2017 ______ GARY HINDERS, MAYOR ATTEST: ____ GRETCHEN MERCER, CITY CLERK REGARDING ITEM 8 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: August 2, 2017 Re: Budget Work Session. At the last meeting, the Mayor discovered an error of about $212,000 in a Workers’ Compensation calculation. We also received final numbers from our Health Insurance rerate, and that resulted in a savings of $47,750 roughly. We also finalized some numbers for some upgrades to our internal network hardware and software. Based on some of the discussion at the previous budget work session, we ran with some of the ideas and questions asked, and have proposed the following changes to the budget: Additional Dollars Available Workers’ Comp error +$212,537 Health Insurance reduction + $ 47,753 Total + $260,290 Recommended expenditures of this funding: Add two full-time police officers $132,000 Replace Fire Alarm System $ 60,000 Trees and Other Parks Improvements $ 45,000 “Pay by Phone” fees for water bills $ 5,000 Server backup system $ 10,000 Total $252,000 The balance of this will just go into contingencies unless you have a specific preference for how it’s used. We also reduced the proposed water rate increase to 3% from 5%, and are recommending adoption of a lower total tax rate with this budget update. (see next item in your packet for more info on the tax rate) Since the last meeting, there was a question about improving our service with regard to the pickup of bulky waste in the alleys. This has been a source of a lot of complaints this summer. The only way to do that effectively is to add a crew, and those numbers are in the process of being compiled. At the time of this memo, we don’t have those numbers, but we will by meeting time or before, and we’ll get that to you as soon as we have it. City of Canyon REGARDING ITEM 9 AGENDA To: Randy Criswell, City Manager From: Chris Sharp, Assistant City Manager Date: August 1, 2017 Re: Consider and Take Appropriate Action on Taking Record Vote on Proposed Tax Rate, and Adopt Budget Calendar Setting Dates for Public Hearing Truth-in-Taxation Laws define a tax increase as any tax rate that will result in more Ad Valorem tax revenue than the previous year, based on the same properties taxed in both years. (New growth is added in as an additional calculation, as are the frozen amounts). There are two rates calculated. One is the Effective Tax Rate, which is the rate which brings in the exact same revenue as the prior year. Then there is the Rollback Rate, which is 8% above the Effective Tax Rate. If a tax rate is proposed that will exceed the lower of those two rates, then the Truth-In-Taxation Laws become effective, and the City Commission must act on the maximum tax rate that could be adopted as a specific action item, and a “Record Vote” must be taken. That rate doesn’t have to actually be adopted, but you must vote on the maximum rate that will be adopted. Our numbers this year are: Current Tax Rate: $0.46503 ($0.39083 M&O +$0.0742 I&S) Effective Tax Rate: $0.43410 ($0.37009 M&O +$0.06401 I&S) Rollback Tax Rate: $0.47637 ($0.41236 M&O + $0.06401 I&S) If the current tax rate is adopted, it will be a 4.8% increase over the Effective Tax Rate. This was much better than we anticipated when we last discussed the tax rate. (Just FYI, if you adopt the Rollback Rate, it would only be 2.4% more). This budget has been prepared with an M&O rate of $0.39083 + $0.06401 I&S for a total rate of $0.45493, which as I stated, is a 4.8% increase over the effective tax rate, but actually reduces the tax rate by 1 cent. Steps to be taken tonight are to decide what tax rate you want to adopt as a maximum. Then a motion needs to be made, and a “record vote” taken, which means each of you will speak his yay or nay to the motion. You’ll also need to vote on the calendar for public hearings. As required by Truth-in-Taxation law, a Record Vote must be taken on the maximum tax rate that could be adopted and then in an additional motion adopt the budget calendar, setting dates for two public hearings. Motion should be stated in the following manner; • I _____ move to adopt $0.39083 as the maximum M&O proposed tax rate and to adopt $0.06401 as the I&S tax rate. • Mayor and each Commissioner will individually vote yay or nay to be recorded. • I ____ move to adopt the budget calendar setting the dates for two public hearings. City of Canyon  2017 Planning Calendar for City of Canyon Date Activity April ‐ May Mailing of notices of appraised value by chief appraiser. The chief appraiser prepares and certifies to the tax assessor for each county, municipality, April 30 and school district participating in the appraisal distrcit and estimate of the taxable value. May 15 Deadline for submitting appraisal records to ARB July 20 Deadline for ARB to apprice appraisal records July 25 Deadline for chief appraiser to certify rolls to taxing units Certification of anticipated collection rate by collector Calculation of effective and rollback tax rates July 21 72‐hour notice for meeting (Open Meetings Notice) July 24 Meeting of governing body to discuss tax rate Publish Notice of 2016 Tax Year Proposed Property Tax Rate for City of Canyon. Use the ad that will correspond to the proposed tax rate; if the proposed rate is at or below the effective tax rate, then use the shorter ad. Use the longer ad if the proposed rate will exceed the effective tax rate. This ad must be published by September 1st and 7 days before Aug 06 public hearing. It needs to be one quarter page or larger, the headline must be 24‐point or larger, and it must not be published in the legal section. You must also post the notice on your website no later than September 1st and keep it posted until you have adopted. Aug 18 72‐hour notice for meeting (Open Meetings Notice) Aug 21 Public hearing (should be 7 days after notice is published in the newspaper) Sept 1 72‐hour notice for meeting (Open Meetings Notice) Second public hearing (should be no earlier than 3 days after 1st hearing and no later than Sept 5 14 days) Sept 8 72‐hour notice for meeting at which governing body will adopt (Open Meetings Notice) Sept 11 Meeting to adopt tax rate. Meeting is 3 to 14 days after second public hearing.  AUGUST 2017 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7Comms 8 9 10 11 12 Meeting at 5:30 pm 13 14 15 16 17 18 19 20 21Comms 22 23 24 25 26 Meeting at 5:30 pm 27 28 29 30 31 SEPTEMBER 2017 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5Comms 6 7 8 9 Meeting at 5:30 pm 10 11Comms 12 13 14 15 16 Meeting at 5:30 pm 17 18 19 20 21 22 23 24 25 26 27 28 29 30