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 20th day of November 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 November 6, 2017. 5. Public Comment – Comments from Interested Citizens. 6. Consider and Take Appropriate Action on Presentation from WTAMU Pertaining to Schematic Design for Future of Russell Long Boulevard. 7. Consider and Take Appropriate Action on Award Bid for East Elevated Tank Painting. 8. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1074, An Ordinance Amending Chapter 156, Zoning Code of the City of Canyon Code of Ordinances, Table 1-1, Summary Use Chart, to add Smoke Lounges/Retail Stores as an Allowed Use by Specific Use Permit in the RC-1, RC-2, I-1, and I-2 Zoning Districts; Amending Section A.02 Terms to Add Terms for Smoke Lounges/Retail Stores. 9. Consider and Take Appropriate Action on Resolution No. 24-2017, Ballot for Potter-Randall Appraisal District Board of Directors. 10. Conduct Second Public Hearing on Ordinance No. 1073, Annexing Property for Expansion of the Canyon East Subdivision. 11. Executive Session Pursuant to §551.087, Economic Development Negotiations, and §551.074, Personnel Matters (Appointments to Boards and Commissions). 12. Consider and Take Appropriate Action on Items Discussed in Executive Session. 13. 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 17th day of November 2017. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting November 6, 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 Gary Hinders presided over the meeting with the following Commissioners in attendance, Mayor Pro-Tem Justin Richardson, Cordell Jones, Paul R. Lyons and Roger Remlinger. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Business and Community Development Director Evelyn Ecker, Parks and Open Space Director Brian Noel, Assistant City Manager for Special Projects Jon Behrens, Safety Director Tony Lawson, Code Enforcement Director Danny Cornelius, City Engineer Dwight Brandt and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 5:34 p.m. Item 2. Invocation. Commissioner Jones gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Student Council Members from Canyon Intermediate School. Item 4. Approval of Minutes of the Meeting of October 16, 2017. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones, to approve the minutes of October 16, 2017 as presented. Motion carried unanimously. Item 5. Public Comment – Comments From Interested Citizens. No comments were made. Item 6. Consider and Take Appropriate Action on Request from CISD to Provide Water Service to Kimbrough Memorial Stadium. City Manager Randy Criswell presented a request from CISD for water service to be extended to Kimbrough Memorial Stadium by the City of Canyon. Chief Financial Officer for CISD, Heather Wilson was present to answer questions. Ms. Wilson stated currently the stadium is on a private well owned by West Texas A&M University and they would be required to be off that well by December 2019. Ms. Wilson said CISD had bids out to develop a public water supply, but CISD feels the better option would be to get water from the City of Canyon. City Manager Randy Criswell stated he prefers that all water that is consumed within the city limits be safely supplied by the city, not private wells. When asked if the Stadium was planned to be used long term, Ms. Wilson said yes. The school district is looking at multiple uses for the facilities. Mr. Criswell stated there was plenty of Bond Money left from the Bonds issued in 2012 for water improvements and this fit the use allowed with that money. Mr. Criswell said the request also fits with a long-term desire to City Commission Meeting November 6, 2017 Page 2 of 3 get water from the downstream side of the North Elevated Water Tank back over to Kim Road Well Field giving a redundant feed back into the city. After discussion, Commissioner Jones moved, duly seconded by Commissioner Remlinger to participate in the extension of water service to Kimbrough Stadium at the request of CISD and pay for the city’s portion out of the Bonds issued for water improvements in 2012. Motion carried unanimously. Item 7. Conduct First Public Hearing on Ordinance No. 1073, Annexing Property for the Expansion of the Canyon East Subdivision. City Manager Randy Criswell presented Ordinance No. 1073 for the first of two required public hearings. Mayor Hinders opened the public hearing for Ordinance No. 1073. There being no comment, Mayor Hinders closed the public hearing. No action required, public hearing only. ORDINANCE NO. 1073 ANNEXING TERRITORY TO THE CITY OF CANYON KUHLMAN AND SONS, LP, a Texas Limited Partnership CANYON EAST UNIT 6 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. Item 8. Consider and Take Appropriate Action on Report and Proposed Parks Improvement Plan. City Manager Randy Criswell presented a parks improvement plan developed by Parks and Open Space Director Brian Noel. Mr. Noel gave a brief overview of the plan with highlighting recently completed projects and plans for future projects and continued maintenance. Item 9. Consider and Take Appropriate Action on Meeting Dates, Times, and Meals. City Manager Randy addressed the Commission stating that the City of Canyon Charter requires the Commission to meet at least once per month. Mr. Criswell said since the Commission had several new members, he felt it was appropriate to discuss if the Commissioners felt the meetings were good as they are or if anyone felt some changes needed to be made. Mr. Criswell also asked if the Commissioners wanted a meal to be served at each meeting. After discussion, Commissioners felt no changes should be made with Mayor Hinders requesting a meal be served at any meeting an Executive Session was included. City Commission Meeting November 6, 2017 Page 3 of 3 Item 10. Executive Session Pursuant to §551.072, Deliberation Regarding Real Property, §551.087, Economic Development Negotiations, and §551.074, Personnel Matters (Appointments to Boards and Commissions). Mayor Hinders indicated the Commission would adjourn into Executive Session at 6:34 pm. Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 8:07 pm, the following action was taken. Commissioner Jones moved, duly seconded by Commissioner Remlinger to appoint Lara Johns, Christie Mahans and Buster Ratliff to the fill the expiring terms of Andy Hicks, Daisy Balderaz and Tina Finke effective January 1, 2018; and to appoint Justin Wesbrooks to the vacancy created by the relocation of Joleena Wright on the Canyon Main Street Advisory Board. Motion carried unanimously. Commissioner Lyons moved, duly seconded by Mayor Pro-Tem Richardson to appoint Larry Bedwell to fulfill the vacancy created by the relocation of Liz Moore on the Parks, Open Space and Recreation Advisory Committee. Motion carried unanimously. Item 12. Adjournment. There being no further business, Mayor Pro-Tem Richardson moved this meeting be adjourned at 8:18 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary REGARDING ITEM 6 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: November 20, 2017 Re: Consider and Take Appropriate Action on Presentation from WTAMU Pertaining to Schematic Design for Future of Russell Long Boulevard. Randy Rikel, Vice President for Business and Finance, WTAMU, will be here to show you some conceptual drawings of their vision for Russell Long Boulevard in the future. This will basically be a discussion item only. City of Canyon REGARDING ITEM 7 AGENDA To: Randy Criswell, City Manager From: Dan Reese, Public Works Director Date: November 14, 2017 Re: Consider and Take Appropriate Action on Bids Received for East Elevated Tank Painting Project. This project is one that has been on the list for many years. During a tank inspection five years ago, performed by Dunham Engineering, the recommendation was that the coating system of the east elevated tank had reached the end of its useful life and needed replaced. At that time we began planning and setting funds aside to do the project. The best that we can determine from the records, is that the tank was last painted in 1983. Also, we figured that while having a painting contractor in town, we investigated the possibility of doing some touch-up work on the downtown elevated tank and possibly remedy the unsightly condition of the tank bowl that has been an issue since the tank was last painted in 2000. After consulting the paint manufacturer and examining the current paint condition, it was determined that the downtown tank was not a candidate for over-coating, and that the paint system was performing well and would need to be removed by sand blasting before a re-coat could be performed. Our current project budget will not allow for that, so we chose to only repaint the logos on the downtown tank. This work will be done under an alternate bid item. The cosmetic repairs to the tank will have to wait until the next time the entire tank is painted. Four bids were received and opened on November 9, 2017. Two other bids were received after the bid opening and will be returned to the contractors, unopened. Total bid amounts (base and alternate) ranged from $504,000 to $801,000. The low bid was submitted by Tank Pro, Inc. out of Tuscaloosa, AL. The total amount bid was $504,003.00. The time bid to complete the project was 205 calendar days. We have not done business with Tank Pro before, but they are currently doing a project in which Brandt Engineers is the engineer and they recommend the award to Tank Pro in the attached letter. A tabulation is also attached. We had increased our budget to account for work on the downtown tank and have encumbered $600,000 for this project over the last five years. As you can see we are well within budget for this project. The public works department concurs with the Engineer and recommends awarding the tank painting project to Tank Pro, Inc. in the amount of $504,003.00. City of Canyon REGARDING ITEM 8 AGENDA To: Randy Criswell, City Manager From: Danny Cornelius, Director of Code Enforcement Date: November 13, 2017 Re: Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1074, Amending Chapter 156, Zoning Code of the City of Canyon Code of Ordinances, Table 1-1, Summary Use Chart, to add Smoke Lounges/Retail Stores as an Allowed Use by Specific Use Permit in the RC-1, RC-2, I-1, and I-2 Zoning Districts; Amending Section A.02 Terms to add Terms for Smoke Lounges/Retail Stores. We received a request from Assad Khamisi and Omid Khamisi to allow a Hookah Lounge in Canyon. Currently, the Summary Use Chart in the Zoning Code does not list Hookah Lounge or anything similar. According to Section 1.07 of the Zoning Code, any new and unlisted use must be presented to the Planning and Zoning Commission for interpretation as to the zoning classification into which it should be placed. The recommendation of the P&Z is taken to the City Commission for final approval in the form of an ordinance. The attached ordinance combines Hookah/Smoke Lounges, Retail Electronic- Cigarette/Vaporizer Stores, and Retail Tobacco Stores into one use called “Smoke Lounges/Retail Stores” which is allowed by a Specific Use Permit in RC-1, RC-2, I-1, and I-2 Zoning Districts. It also defines Smoke Lounges/Retail Stores, Electronic Cigarette or E- Cigarette, Hookah, Hookah/Smoke Lounge, Retail Electronic-Cigarette/Vaporizer Store, and Retail Tobacco Store. The Planning and Zoning Commission voted unanimously to recommend approval of Ordinance No. 1074. City of Canyon  Planning and Zoning Commission Meeting Minutes – November 13, 2017 The Planning and Zoning Commission of the City of Canyon met in regular session at 4:00 pm in the City Commission Chambers of the Civic Complex. Chairman Bill Craddock presided over the meeting with the following Commissioners in attendance: Bobbie Jo Krutsch, Jon Davis, Charles Munger, Kevin Luetkahans, and Leesa Wood Calvi. Commissioners John Pletcher, Mike Wartes, and Laurie Sharp were unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, and Director of Code Enforcement Danny Cornelius. Item 1: Call to Order. Chairman Craddock called the meeting to order at 4:08 pm. Item 2: Approval of Minutes from September 18, 2017 Meeting. Commissioner Krutsch moved, duly seconded by Commissioner Luetkahans, to approve the minutes from the September 18, 2017 meeting. The motion passed unanimously. Item 3: Conduct a Public Hearing and Consider and Take Appropriate Action on an Ordinance Amending Chapter 156, Zoning Code of the City of Canyon Code of Ordinances, by Amending Table 1-1, Summary Use Chart, to add Smoke Lounges/Retail Stores as an Allowed Use by Specific Use Permit in RC-1, RC-2, I- 1, and I-2 Zoning Districts; Amending Section A.02 Terms to add Terms for Smoke Lounges/Retail Stores.. The City received a request from Assad Khamisi and Omid Khamisi to allow a Hookah Lounge in Canyon. The Summary Use Chart in the Zoning Code does not list Hookah Lounge or anything similar. According to Section 1.07 of the Zoning Code, any new and unlisted use must be presented to the Planning and Zoning Commission for interpretation as to the zoning classification into which it should be placed. As directed at the previous Planning and Zoning Commission meeting, staff presented Ordinance No. 1074 combining Hookah/Smoke Lounges, Retail Electronic-Cigarette/Vaporizer Stores, and Retail Tobacco Stores into one use called “Smoke Lounges/Retail Stores”. The use would be allowed by a Specific Use Permit in RC-1, RC-2, I-1, and I-2 Zoning Districts. The ordinance also defines Smoke Lounges/Retail Stores, Electronic Cigarettes or E-Cigarettes, Hookahs, Hookah/Smoke Lounges, Retail Electronic-Cigarette/Vaporizer Stores, and Retail Tobacco Stores. Chairman Craddock opened the public hearing at 4:10 pm. There being no comment, the public hearing was closed. After discussion, Commissioner Davis moved, duly seconded by Commissioner Krutsch, to recommend approval of the ordinance as presented. The motion passed unanimously. Planning and Zoning Commission Meeting November 13, 2017 Page 2 of 2 Item 4: Adjourn. Chairman Craddock adjourned the meeting at 4:25 pm. Bill Craddock, Chairman Planning and Zoning Commission ATTEST: Gretchen Mercer, City Clerk  ORDINANCE NO. 1074 Smoke Lounges/Retail Stores AN ORDINANCE OF THE CITY OF CANYON, TEXAS, AMENDING CHAPTER 156, ZONING CODE OF THE CITY OF CANYON CODE OF ORDINANCES, BY AMENDING TABLE 1-1, SUMMARY USE CHART TO ADD SMOKE LOUNGES/RETAIL STORES AS AN ALLOWED USE BY SPECIFIC USE PERMIT IN RC-1, RC-2, I-1, AND I-2 ZONING DISTRICTS; AMENDING SECTION A.02 TERMS TO ADD TERMS FOR SMOKE LOUNGES/RETAIL STORES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; the passage, promulgation, and enforcement of the provisions herein contained are determined necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers and police powers delegated to and possessed by the City of Canyon; and, WHEREAS; the Planning and Zoning Commission of the City of Canyon, recommended certain amendments to City of Canyon Code of Ordinances, Chapter 156, Zoning Code; and, WHEREAS; the City Commission finds that the proposed amendments to Chapter 156 as recommended by the Planning and Zoning Commission would be in the best interest of the City; NOW THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1: Table 1-1, Summary Use Chart, is amended by adding Smoke Lounges/Retail Stores under Retail Uses and allowing by Specific Use Permit in Zoning Districts RC-1, RC-2, I-1, and I-2. SECTION 2: Section A.02, Terms, is amended by adding the following: Smoke Lounges/Retail Stores. The following types of businesses and devices are included in this ordinance: Electronic Cigarette or E-Cigarette. Any device that uses an atomizer or similar device that allows users to inhale nicotine vapor or other vapor without the use of fire, smoke, or ash. The definition of e-cigarette shall include, but is not limited to, electronic cigars, electronic cigarillos, or electronic pipe, and any cartridge or other component of the device or related product including any liquid products that are manufactured for use with electronic cigarettes. Hookah. A single or multi-stemmed device for vaporizing and smoking flavored tobacco, whose vapor or smoke is passed through a water basin before inhalation. Hookah/Smoke Lounge. A business establishment for which the configuration of the floor area is to facilitate on-site consumption of tobacco, cigar, cigarette, hookah, electronic cigarette, or nicotine-enriched solutions. 1  Retail Electronic-Cigarette/Vaporizer Store. A business establishment for which more than 50% of the gross floor area is dedicated to the storage, mixing, display and/or retail sale of electronic cigarette devices, nicotine-enriched solutions and/or liquid products that are manufactured for use with electronic cigarettes. Retail Tobacco Store. A business establishment for which more than 50% of the gross floor area is dedicated to the display and sale of tobacco products such as cigars, pipe tobacco, cigarettes, electronic cigarettes, or similar items. SECTION 3: Severability. If any provision, section, subsection, clause, or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision continued herein shall become inoperative or fail by any reasons of the unconstitutionality of any other portion or provision. SECTION 4: Repealer. All ordinances, parts of ordinances, resolutions, and parts of resolutions in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 5: Effective Date. This ordinance shall become effective immediately. INTRODUCED AND PASSED by the City Commission of the City of Canyon, Texas on the 20th day of November, 2017. ________________________ Gary Hinders, Mayor ATTEST: __________________________ Gretchen Mercer, City Clerk 2 REGARDING ITEM 9 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: November 20, 2017 Re: Consider and Take Appropriate Action on Resolution No. 24-2017, Ballot for Potter-Randall Appraisal District Board of Directors. A few meetings ago, you were provided an opportunity to make nominations for the PRAD Board of Directors. Attached are the documents we received from PRAD, including the ballot. You have a total of 80 votes to cast. If you recall, Kerry Adair was the City’s nominee. You are allowed to cast your votes in any way you choose. Equally divided, all for one candidate, or however else you may want. Resolution No. 24-2017 has been prepared for adoption, and will reflect your decision on how to cast your votes. City of Canyon  RESOLUTION NO. 24-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS CASTING VOTES FOR THE MEMBERS OF THE BOARD OF DIRECTORS OF RANDALL COUNTY APPRAISAL DISTRICT. WHEREAS, Section 6.03(c) of the Texas Property Tax Code Requires the appointment of the board of directors of an appraisal district by vote of the governing bodies of the taxing entities entitled by the Code to vote; and WHEREAS, by previous action, nominees for the Board of Directors of Randall County were submitted to the Chief Appraiser of said county; and WHEREAS, the City of Canyon is entitled by cumulative voting to seventy (70) votes for the Randall County Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON: SECTION 1. That 70 votes be cast for Joe Shehan on the ballot for the Randall County Appraisal District Board of Directors: No. of Votes 1. Kerry Adair ____ 2. James Barrington ____ 3. Dennis Beene ____ 4. Henry Hamilton ____ 5. Doug Srader ____ TOTAL 80 INTRODUCED AND PASSED by the City Commission of The City of Canyon, this 20th day of November, 2017. ________________________________ GARY HINDERS, MAYOR ATTEST: _______________________________ Gretchen Mercer, City Clerk REGARDING ITEM 10 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: November 20, 2017 Re: Conduct Second Public Hearing on Ordinance No. 1073, Annexing Property for Expansion of the Canyon East Subdivision. We recently adopted Resolution No. 23-2017, adopting an Annexation Calendar for the ultimate annexation of property to expand Canyon East. The actual Annexation Ordinance is No. 1073, and is scheduled for final adoption on December 4, 2017. As you all know, the annexation process requires two (2) Public Hearings. The first Public Hearing was conducted on November 6. Tonight, we need to conduct the Second Public Hearing on Ordinance No. 1073. City of Canyon