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 4:30 p.m. on the 6th day of May 2019, 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 April 15, 2019. 5. Public Comment – Comments from Interested Citizens. 6. Update from Interim City Manager Jon Behrens. • Buffalo Stadium Road • Zoning Code and Subdivision Regulations Diagnostic Report – Joint Meeting June 3 • Bulky Trash and Republic Services • AMR Project • Incinerator • TxDOT Construction Update • Commercial Trash and Republic Services • Initial Budget Discussion – Workshop June 3 • Parking on Other Than Improved Surfaces 7. Presentation of the Texas Police Chiefs Association Re-Recognition of the Canyon Police Department. 8. Consider and Take Appropriate Action on Ordinance No. 1105, an Ordinance of the City of Canyon, Texas: Amending the Code of Ordinances of the City of Canyon, Chapter 95, Sections 95.21 Through 95.28, Regulating Noise Within the City Limits of the City of Canyon; Providing for Severability; Providing for Repealer; Providing for Penalty; Providing for an Effective Date. 9. Consider and Take Appropriate Action on Resolution No. 09-2019, Enacting Ordinance No. 892, Prohibiting Parking Along Designated Parade Route on July 4, 2019. 10. Consider and Take Appropriate Action on Resolution No. 10-2019, Designating the Canyon Chamber of Commerce as Having Authority to Manage and Coordinate All Activities on the Downtown Square and Conner Park for the July 4 Celebration to be Held on July 4, 2019. 11. Consider and Take Appropriate Action on Quarterly Finance Report by Finance Director Chris Sharp. 12. Consider and Take Appropriate Action on Quarterly Investment Report by Finance Director Chris Sharp. 13. Consider and Take Appropriate Action on Agreement for Professional Services Between the City and Valley View Consulting. 14. Consider and Take Appropriate Action on Request from Lone Star Dairy Products to Have the City Refund Penalties and Interest Paid to the City Due to Late Payment of Their Ad Valoreum Taxes. 15. Consider and Take Appropriate Action on Resolution No. 11-2019 for the Annexation of Property Owned by Hillside Christian Church. City of Canyon 16. Executive Session Pursuant to §551.074 Regarding Personnel Matters (City Manager), 551.072 Real Property, and §551.071 Consultation with Attorney. 17. Consider and Take Appropriate Action on Items Discussed in Executive Session. 18. Adjourn. Jon Behrens Jon Behrens, Interim 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 3rd day of May 2019. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting April 15, 2019 The City Commission of the City of Canyon met in regular session at 4:30 pm 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, Cody Jones, Roger Remlinger and Paul R. Lyons. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, Public Works Director Dan Reese, Parks Director Brian Noel, Planning and Development Director Danny Cornelius, Water Superintendent Eric Whitten, Incoming Commissioner Randy Ray and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:33 p.m. Item 2. Invocation. Mayor Pro-Tem Richardson gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Remlinger. Item 4. Approval of Minutes of the Special Meeting of March 28, 2019. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones to approve the minutes of March 28, 2019 as presented. Motion carried unanimously. Item 5. Approval of Minutes of the Meeting of April 1, 2019. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones to approve the minutes of April 1, 2019 as presented. Motion carried unanimously. Item 6. Approval of Minutes of the Special Meeting of April 8, 2019. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones to approve the minutes of April 8, 2019 as presented. Motion carried unanimously. Item 7. Public Comment – Comments from Interested Citizens. No comment was made. Item 8. Comments from Mayor and Commissioners Thanking City Manager Randy Criswell for 24 Years of Service to Canyon. Mayor Hinders commended City Manager Randy Criswell on a great job of building a great team, making it fun, all the revitalization under his supervision such as the pavilions, the entry way, quiet City Commission Meeting April 15, 2019 Page 2 of 4 zones, and his wisdom and foresight. Mayor Hinders stated he felt Randy had done a tremendous job and thanked him for his heart for the City of Canyon. Mayor Pro-Tem Richardson agreed with all Mayor Hinders said adding the Randy is an incredible leader that values people over all else. Mayor Pro-Tem Richardson said Randy is a great role model and thanked him for being the person he is. Commissioner Lyons stated that he came to Canyon in 1974 to attend WTSU and fell in love with Canyon. Commissioner Lyons said he started his business in 1983 and it was difficult to start a business. Commissioner Lyons stated Randy changed that culture and made it grow, businesses have been able to grow, and he didn’t feel that would have happened without Randy. Commissioner Lyons stated Randy always treated him with dignity and respect and he will always appreciate that. Commissioner Lyons stated Randy gave Canyon a great future. Commissioner Jones stated The City of Mineral Wells hit the jackpot by hiring Randy. Commissioner Jones said he has worked under Randy’s management style and appreciates all Randy did for him as an employee and as a commissioner, that he appreciated his style and love of people. Commissioner Jones said he would model himself after Randy’s traits as he is a good man and more of what this world needs. Commissioner Remlinger stated he thought the world of Randy and appreciated that Randy understood the importance of the City and The Chamber to have a good bond. Commissioner Remlinger said he appreciates all Randy has done for Canyon and for him personally adding that Randy will always have a place to come home to. City Manager Randy Criswell stated that what he does is a passion of his. Mr. Criswell said he had equal respect, admiration for all and that there is nothing more important than people. Mr. Criswell shared that when you find yourself in a position of leadership, you have to let people around you be successful, help them to be successful. Mr. Criswell thanked the City Commission for the opportunity to be successful and that it had been a true pleasure. Mr. Criswell thanked the Commission for their accolades. Mayor Hinders closed with Randy would be missed. Item 9. Hold Public Hearing and Consider and Take Appropriate Action on a Specific Use Permit Request by Crystal Garvin to Operate a Massage Therapy Establishment at 1 Hunsley Hills Blvd. Planning and Development Director Danny Cornelius presented a Specific Use Permit from Crystal Garvin to operate a Massage Therapy establishment at 1 Hunsley Hills Blvd. Mr. Cornelius stated a Massage Therapy establishment is allowed as per the Summary Use Chart of the Zoning Ordinance in the RC-2 Zoning Districts by Specific Use Permits only. Mr. Cornelius stated 13 letters were sent to property owners within 200 feet with 3 responses received, all in opposition. Mr. Cornelius stated he felt there was a misunderstanding on the fact that the zoning is already for commercial use and that any business could establish itself there, but a SUP is required for a Massage Therapy establishment. After his conversation he said the person felt better. Mr. City Commission Meeting April 15, 2019 Page 3 of 4 Cornelius stated since more than 20% of the land owners were in opposition it would take a super majority of the City Commission to approve the request. Mr. Cornelius stated the Planning and Zoning Commission voted unanimously to recommend the request for approval to the City Commission. Mayor Hinders opened the public hearing. There being no comment, Mayor Hinders closed the public hearing. Commissioner Lyons asked Ms. Garvin to share her story of what brought her to Canyon. Mr. Garvin shared that after the loss of her husband two years ago, she felt it was a good move to move to Canyon and start over. After discussion, Commissioner Jones moved, duly seconded by Commissioner Remlinger to approve the Specific Use Permit as recommended by the Canyon Planning and Zoning Commission. Motion carried unanimously. Item 10. Consider and Take Appropriate Action on Ordinance No. 1104, an Ordinance of the City of Canyon, Texas, Adopting a Water Conservation Plan in Compliance with the Requirements of the Texas Water Code and the TCEQ. Public Works Director Dan Reese presented Ordinance No. 1104 for consideration. Mr. Reese stated in 2007 the Texas Legislature amended the Texas Water Code to require public water systems serving 3,300 connections or more to submit a water conservation plan to the Texas Water Development Board. Mr. Reese stated Canyon’s original water conservation plan was adopted in 2009 by Ordinance No. 889. Mr. Reese said the regulations require an update every 5 years, so the plan was last updated in 2014 bringing us to the required 5 year update for 2019. Mr. Reese stated all the minimum requirements are met in the plan. Mayor Hinders stated he would like to have a work session in the future on the status of wells, landscape ordinances, growth and number of lawns with sprinkler systems. After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to adopt Ordinance No. 1104, approving the updated water conservation plan for the City of Canyon. Motion carried unanimously. Item 11. Consider and Take Appropriate Action on Proposed AMBUCS Playground at Conner Park. Parks Director Brian Noel presented a proposal for a playground at Conner Park. Mr. Noel stated the CAP was entering its 3rd year of operation and there was a need for replacing the playground at Conner Park that the current playground is in need of resurfacing and updating of equipment. Mr. Noel said he had met with AMBUCS and they expressed a desire to work with the City of Canyon to build an all-inclusive playground at Conner Park. Mr. Noel said there have since been several meetings with AMBUCS choosing a design that includes approximately 9,000 sf of play area for all children can enjoy and will work well with Canyon’s park needs. Mr. Noel said Conner Park was chosen due to its location, handicap accessibility, being away from school traffic and City Commission Meeting April 15, 2019 Page 4 of 4 allowing for ample parking in sharing the CAP parking lot. Mr. Noel Stated the AMBUCS group has a strong passion for these projects and has expressed interest in being the fundraising arm for this playground project including raising all the funds through donations and grants from the Canyon and Amarillo Area. Mr. Noel said the timeline to raise funds could take a full year. Mr. Noel said the Parks and Recreation Committee has considered the AMBUCS Park and they support moving forward. After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to direct staff to move forward with the engineering part of the playground site to get cost estimates of the playground and required site preparation so fundraising plans can be finalized with AMBUCS. Motion carried unanimously. Item 12. Executive Session Pursuant to §551.074 Regarding Personnel Matters (City Manager) and §551.071 Consultation with Attorney. Mayor Hinders indicated the Commission would adjourn into Executive Session at 5:21 pm. Item 13. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 7:16 pm, the following action was taken. Commissioner Remlinger moved, duly seconded by Commissioner Jones to pay Interim City Manager Jon Behrens a stipend of $2,500 per month through the time he serves as Interim City Manager. Motion carried unanimously. Item 14. Adjourn. 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: Canyon City Commission From: Jon Behrens, Interim City Manager Date: May 6, 2019 Re: City Manager Update I would like to briefly update you on several projects and items that may appear on future agendas. 1. Buffalo Stadium Road 2. Zoning Code and Subdivision Regulations Diagnostic Report – Joint Meeting June 3 3. Bulky Trash and Republic Services 4. AMR Project 5. Incinerator 6. TXDOT Construction Update 7. Commercial Trash and Republic Services 8. Initial Budget Discussion – Workshop June 3 9. Parking on Other Than Improved Surfaces City of Canyon REGARDING ITEM 7 AGENDA To: Jon Behrens, Interim City Manager From: Dale Davis, Chief of Police Date: 05-06-2019 Re: Presentation of the Texas Police Chiefs Association Re- Recognition of the Canyon Police Department. The Texas Police Chiefs Association Law Enforcement Recognition Program is a voluntary process where police agencies in Texas prove their compliance with 166 Texas Law Enforcement Best Practices. These Best Practices were carefully developed by Texas Law Enforcement professionals to assist agencies in the efficient and effective delivery of service, the reduction of risk and the protection of individual’s rights. The Canyon Police Department was the second police agency to receive formal Recognition status in Texas. The agency received their first Recognition status designation in February 2008. Every four year, the agency must undertake a formal analysis of their policies and procedures, followed by an official on-site inspection conducted by two or three law enforcement professionals, assessors. These assessors are from various parts of the state. During January 2019 the Canyon Police Department conducted their most recent formal on-site inspection. The assessment team conducted their formal review of the agency and forwarded their findings to the Recognition Committee, made up of 9 Police Chiefs. The Committee unanimously approved the Canyon Police Department to be Re-Recognized. We will hold that designation for four more years. Respectfully, Dale Davis Chief of Police City of Canyon REGARDING ITEM 8 AGENDA To: Jon Behrens; Interim City Manager From: Dale Davis, Chief of Police Date: 05-06-2019 Re: Consider and Take Appropriate Action on Ordinance No. 1105, an Ordinance of the City of Canyon, Texas: Amending the Code of Ordinances of the City of Canyon, Chapter 95, Sections 95.21 Through 95.28, Regulating Noise Within the City Limits of the City of Canyon; Providing for Severability; Providing for Repealer; Providing for Penalty; Providing for an Effective Date. For years, the measurement of excessive noise levels has been non- existent. The current ordinance in place was too subjective. Technological advances, in measuring noise levels, has allowed communities to modify ordinance. The increased noise complaints, specifically within commercial districts, has required us to re- evaluate our ordinance. Loud speaker permits have been issued to address acceptable noise levels between specific hours of operation. An ordinance modification will allow for a procedure in which to measure noise levels and justify enforcement action, or non-enforcement action. I recommend that the City Commission review and pass ordinance No. 1105 as presented. Dale Davis Chief of Police City of Canyon  Ordinance No. 1105 Noise AN ORDINANCE OF THE CITY OF CANYON, TEXAS: AMENDING THE CODE OF ORDINANCES OF THE CITY OF CANYON, CHAPTER 95, SECTIONS 95.21 THROUGH 95.28, REGULATING NOISE WITHIN THE CITY LIMITS OF THE CITY OF CANYON; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR PENALTY; 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: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1: Sec. 95.20 shall remain unchanged. Sec. 95.20 Prohibited noises. (A) Loud; distress in immediate vicinity. Any unreasonably loud, unnecessary noise which causes material distress, discomfort, or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is prohibited. (B) Continuous; interferes with enjoyment of homes. Any noise of such character, intensity, and continued duration, which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, is hereby declared to be a nuisance and is prohibited. Sec. 95.21 shall be amended to provide as follows: Sec. 95.21 Acts resulting in noise violations. (A) Musical instruments Music. The playing of any radio, phonograph, or other music or musical instrument in such manner or with such volume, particularly during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in any dwelling, hotel, or other type of residence. (B) Animal and birds. The keeping of any animal or bird which by causing frequent or continual noise shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity. (C) Horns or signal devices. The continual or frequent sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar, or other vehicle except as a danger or warning 1 signal; the creation by means of any such signal device of any unreasonably loud or harsh noise for any unnecessary and unreasonable period of time. (D) Cars out of repair or overloaded, unnecessary rattling. The running of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such manner as to create loud or unnecessary grating, grinding, jarring, or rattling noise or vibrations. (E) Exhaust. The discharge into the open air of the exhaust of any engine, or motor vehicle except through a muffler or other device which will effectively prevent loud or unreasonably loud noises therefrom. (F) Construction and repairs. The erection, including excavation, demolition, alteration, or repair work, on any building other than between the hours of 7:00 a.m. and 6:00 p.m., on weekdays, except in case of urgent necessity in the interest of public safety and convenience, and then only by permit from the City Manager. This permit may be renewed by the City Manager during the time the emergency exists. (G) Schools and hospitals; signs. The creation of any excessive noise on any street adjacent to any school or institution of learning while in session or adjacent to any hospital which unreasonably interferes with the workings of such institutions, providing conspicuous signs are displayed indicating that it is a school or hospital street. (H) Unloading operations. The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates, and containers. (I) Peddlers. The raucous shouting and crying of peddlers, hawkers, and vendors, which disturbs the peace and quiet of the neighborhood. (J) Advertising devices. The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show, or sale of merchandise. Sec. 95.22 shall be amended to provide as follows: Sec. 95.22 Definitions. For the purpose of Sections 95.22 through 95.27 95.28 the following definitions shall apply unless the context clearly indicates or requires a different meaning. Background noise. The all-encompassing sound associated with a given environment without contributions from a specific noise source. Commercial. Shall mean, for the purposes of this article, all non-residential zoning districts as outlined in the city’s current zoning ordinance. Day or daytime. Shall mean from 7:00 AM to 10:00 PM. Decibel (dBA). The unit of measurement for sound pressure at a specified location. 2 Impulse noise. Any specific noise that contains successions of pulses or transients and if the sound level changes at a rate greater than 10 dB per second. Industrial. Shall mean, for the purposes of this article, I-1 or I-2 districts as defined in the city’s zoning ordinance. Loudspeaker. Any device used to amplify or increase in intensity any noise, including speaking and music. Night or nighttime. Shall mean from 10:01 PM to 6:59 AM. Noise level. The A-weighted sound pressure level in decibels (dBA). Noise nuisance. Any specific noise that exceeds the levels defined in Table 1. Owner. shall mean any person, corporation, association, firm, partnership or other entity with ownership, care, custody, or control over property. Person. shall mean any individual, corporation, association, firm, partnership or other entity with ownership, care, custody, or control over property. Premises. Any improved or unimproved realty; any building, or part of a building; vehicle, or any part of a vehicle or conveyance of any type. Residential. shall mean, for the purposes of this article, residential zoning districts as defined in the city’s zoning ordinance. Specific noise. shall mean any noise that is clearly distinguishable from the background noise. Sport shooting range. shall have the meaning in Sec. 250.001, Local Government Code. SECTION 2: Sec. 95.23 though 95.27 are hereby repealed. The revised Sec. 95.23 through 95.29 are adopted as follows: Sec. 95.23 Offenses. It shall be an offense for any person to intentionally, knowingly or recklessly make, cause to make, cause to be made, or allow a noise nuisance or unreasonable noise: (1) on property owned by him or subject to his care, custody or control, or (2) on private property that the person has no right to occupy, or (3) in a public place, other than a sport shooting range. 3 Sec. 95.24 Presumptions. A noise is presumed to be unreasonable and declared to be a noise nuisance if it directly or indirectly results in a specific noise level exceeding the maximum applicable noise level in Table 1. Table 1: Maximum Specific Noise Levels Timeframe Day Nighttime 7:00 AM to 10:00 PM 10:01 PM to 6:59 AM Residential 70 dB 60 dB Commercial/Mixed Use 75 dB 65 dB Industrial 80 dB 70 dB • If the background noise level exceeds the maximum permitted noise level indicated above, the background noise level shall be the maximum noise level. • 5 dB shall be subtracted from the maximum Noise Level where the Noise Level includes impulse noise. • Noise measurements shall be a minimum of 30 seconds in duration. Decibel levels are measured from the complainant’s property line. • For residential districts adjacent to other districts (excluding industrial zoning districts), the residential decibel levels apply when measured from a residential complainant’s property line. • For residences located in a retail, commercial or industrial zone, the dB level shall be measured at the commercial or industrial dB level indicated above. Violations will be determined based on the highest registered reading in that measurement period. All measurement levels will be inclusive of any ambient noise that exists at the time of the measurement. Sec. 95.25 Vibration It shall be an offense for any person or owner to intentionally, knowingly, or recklessly make, cause to be made, or allow any unreasonable ground or structure-borne vibration. Sec. 95.26 Defenses. It shall be an affirmative defense to prosecution under this article that: (A) The noise is immediately and reasonably necessary to prevent imminent threat of bodily injury, death, or loss of property. 4 (B) The noise is a reasonable result from a lawfully scheduled event such as: (1) A City of Canyon sponsored event; (2) A stadium or sporting event; (3) School-sponsored event; (4) A parade; (5) An event using a real or simulated cannon, firearm, gunfire, explosive, or (6) A special event as defined in the City of Canyon Code of Ordinances. (C) The noise is produced by reasonably necessary construction-related activities on real or personal property, conducted at any point from 7:00 a.m. through 10:00 p.m., and the activity is in compliance with all other State and Federal laws and the City of Canyon Code of Ordinances. (D) The noise is produced by any properly operating heating, refrigeration, ventilation, air conditioning equipment or system, or pool equipment. (E) The noise is produced as part of a religious observance or service, provided the sound does not cumulatively exceed five minutes duration in any one-hour period. (F) The noise is produced by reasonable activities conducted in public parks, public playgrounds, or public or private school grounds, at any point from 7:00 a.m. through 10:00 p.m. (G) The noise is produced by the lawful operation of a motor vehicle under the Texas Transportation Code. (H) The noise is produced by the transportation, placement, filling, collection, or removal of a waste or recycling receptacle or container at any point from 7:00 a.m. through 10:00 p.m. in an area zoned for residential use or within three hundred (300) feet of an area zoned for residential use. (I) The noise is produced by construction-related activity outside of the designated hours set forth in this article, and said activity has received written approval from the City, has been approved by a State or Federal authority, or is reasonably necessary due to an emergency. (J) The noise is generated by any governmental body and its’ contractors in the performance of a governmental function. (K) The noise is produced by a property that has received a variance from the City of Canyon allowing the noise that would otherwise be prohibited. A variance may be approved by the City Commission after a public hearing. 5  (1) Application for the variance must be submitted to the City Manager or his designee. (2) Notice of the public hearing shall be mailed to all property owners within 200 feet of the property on which the variance is requested and by publishing notice of the hearing in a newspaper of general circulation in the City of Canyon. Sec. 95.27 Applicability. This ordinance shall not apply to noise created by emergency vehicles or equipment of the State, a political subdivision of the State, or a Federal agency. Sec. 95.28 Enforcement. The City Manager or their designee shall have authority to enforce this ordinance. SECTION 3: Severability. If any provisions, section, subsection, sentence, 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 contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. SECTION 4: Repealer. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 5: Penalty. It is an offense to violate any part of this ordinance, punishable upon conviction in accordance with Section 10.99 of the City of Canyon Code of Ordnances. SECTION 5: Publishing and Effective Date. This is a penal ordinance and will be effective upon its adoption and publication as required by law. INTRODUCED AND PASSED by the City Commission of the City of Canyon, Texas on the 6th day of May, 2019. ________________________ Gary Hinders, Mayor ATTEST: __________________________ Gretchen Mercer, City Clerk 6 REGARDING ITEMS 9 and 10 AGENDA To: Mayor and City Commission From: Gretchen Mercer, City Secretary Date: May 6, 2019 Re: Item No. 9 Consider and Take Appropriate Action on Resolution No. 09- 2019, Enacting Ordinance No. 892, Prohibiting Parking Along Designated Parade Route on July 4, 2019 Item No. 10 Consider and Take Appropriate Action on Resolution No. 10- 2019, Designating the Canyon Chamber of Commerce as Having Authority to Manage and Coordinate All Activities on the Downtown Square and Conner Park for the July 4 Celebration to be Held on July 4, 2019. For the sake of simplicity, I’ve combined the two Resolutions for July 4 activities into one memo. This is pretty simple and something we do every year at this time. Each Resolution will need to be approved separately. Resolution No. 09-2019 enacts Ordinance No. 892 and prohibits parking along the designated parade route for the 4th of July parade. Staff recommends adoption of Resolution No. 09-2019 Resolution No. 10-2019 designates the Canyon Chamber of Commerce as having sole authority to coordinate and manage all events, vendors and activities on the downtown square, Conner Park and adjoining streets and alleyways for the 4th of July Celebration. The Chamber will hold Fair on the Square as always and will conduct various festivities including the fireworks show, with Conner Park being the central location as in the past. Staff recommends adoption of Resolution No. 10-2019 City of Canyon  RESOLUTION NO. 09-2019 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, 2019, 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, 2019 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, 2019 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 May 6, 2019. GARY HINDERS, Mayor ATTEST: Gretchen Mercer, City Clerk (parking-ord-892.resolution)  RESOLUTION NO. 10-2019 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, 2019. 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, 2019. PASSED AND APPROVED this 6th day of May, 2019 GARY HINDERS, MAYOR ATTEST: ____ Gretchen Mercer, City Clerk REGARDING ITEM 11 AGENDA TO: Jon Behrens, Interim City Manager FROM: Chris Sharp, Director of Finance DATE: May 1, 2019 SUBJECT: Consider and Take Appropriate Action on Quarterly Finance Report by Finance Director Chris Sharp. A summary of all deposits for the City of Canyon as of March 31, 2019 are submitted. All funds are deposited with the City’s depository bank, Happy State Bank. Also included, is a summary of the City’s major funds and where they stand as of the same date. Total deposits needing security pledge, including checking accounts are $_3,195,351. Total securities pledged by Happy State Bank including the FDIC insurance is $_6,970,350. This report is to comply with legislation requiring periodic reports to be made to the governing body for approval. RECOMMENDED ACTION Approval of the Quarterly Finance Report for the Quarter Ending March 31, 2019. City of Canyon  City of Canyon QUARTERLY FINANCE REPORT Quarter ending: 12/31/2018 03/31/2019 Interest Rate EMERGENCY MANAGEMENT 2.29 $ 7,856.48 $ 7,120.31 LIBRARY GIFT & MEMORIAL 2.29 $ 2,936.93 $ 3,460.73 GENERAL FUND DEMAND ACCT 2.29 $ 1,206,908.63 $ 650,550.90 WW/SS FUND DEMAND ACCT. 2.29 $ 1,079,968.10 $ 1,099,278.36 BCD 2.29 $ 93,210.35 $ 59,254.93 LEOSE 2.29 $ 7,729.76 $ 9,787.77 C.E.D.C (ECONOMIC DEVELOPMENT) 2.29 $ 513,514.01 $ 578,649.25 C.E.D.C. MARKETING ACCOUNT 2.29 $ 122,261.64 $ 142,723.53 D-FI-IT PROGRAM 2.29 $ 560.12 $ 560.82 Palo Duro Golf Administration 2.29 $ 30,394.41 $ 215,159.97 Capital Equipment Account 2.29 $ 475,180.84 $ 428,805.11 CHECKING / SAVINGS ACCOUNTS BALANCES $ 3,540,521.27 $ 3,195,351.68 TOTAL FUNDS FOR SECURITY PLEDGES $ 3,540,521.27 $ 3,195,351.68 SECURITIES PLEDGED HAPPY STATE BANK RECEIPT DATE DESC. AMOUNT MARKET NUMBER MATURED VALUE 3137ASNJ9 03/25/2022 FHMS $1,609,823.88 $1,615,149.76 169412QN6 08/15/2027 China Spring ISD $1,058,152.38 $1,026,312.40 552410ER9 08/15/2030 Lytle TX ISD $569,776.20 $592,035.15 667825YM9 02/15/2032 Northwest TX ISD $1,059,009.05 $1,112,358.80 8821172L7 07/01/2031 TX A&M UNV Fund $1,222,959.19 $1,265,790.00 31394FB87 05/25/2033 FNR $1,432,458.53 $1,108,704.34 FDIC INSURANCE $100,000.00 $250,000.00 Total Security Pledges $7,052,179.23 $6,970,350.45 Total Outstanding debt from 2012 issued CO's and 2013 refunded CO's $ 10,955,000 Total Outstanding debt from 2016 General Obligation Bonds $ 5,355,000 Fund Balance/Net Position as of 03-31-19 $ 9,771,412.00 Required 25% of current budget fund balance is: $ 5,097,586.00  Summary of Month Ending March 2019 Summary of Revenues General Fund Budgeted Percentage to Summary of Revenues General Fund Sales Tax Sales Tax 793067 Major Revenues 03/31/2019 Amount Budget 50% 1063834 Franchise Taxes Franchise Taxes General Fund 2227101 348920 Mixed Beverage Tax Mixed Beverage Tax Municipal Court Fines Sales Tax $ 1,226,192.00 $ 2,400,000.00 51.09% 2288535 5657 Municipal Court Fines Franchise Taxes $ 350,531.00 $ 940,000.00 37.29% 322947 Other Income Other Income 168631 Fire Service Randall County Mixed Beverage Tax $ 14,176.00 $ 20,000.00 70.88% Fire Service Randall County Randall County, Library Funding Municipal Court Fines $ 80,065.00 $ 225,000.00 35.58% 588979 2585 4143 Randall County, Library Funding Commercial Solid Waste Other Income $ 3,333.00 $ 40,000.00 8.33% 620765 126336 139495 Commercial SolidSolid Residential WasteWaste Fire Service Randall County $ 130,407.00 $ 260,815.00 50.00% 2500027519 Residential Solid Taxes Ad Valorem Waste Randall County, Library Funding $ 25,000.00 $ 50,000.00 50.00% Commercial Solid Waste $ 202,105.00 $ 430,500.00 46.95% 182251 118681 Ad Valorem Taxes Residential Solid Waste $ 770,607.00 $ 1,470,000.00 52.42% 190152 25000 Ad Valorem Taxes $ 2,993,692.00 $ 2,734,000.00 109.50% Total General Fund Revenues $ 6,077,285.00 $ 11,257,983.00 53.98% Total General Fund Expenses $ 4,946,193.00 $ 11,257,983.00 43.93% 8445 Utility Fund 35641 Water Receipts $ 2,156,690.00 $ 4,560,000.00 47.30% 6000 20100 Water Receipts Summary of Revenues Utility Fund Waste Water Receipts $ 1,498,949.00 $ 2,852,000.00 52.56% Waste Water Receipts Lease Income $ 5,487.00 $ 26,800.00 20.47% Lease Income Penalties $ 44,820.00 $ 90,000.00 49.80% 968904 12505 Penalties T-on & Reconnection Revenue $ 14,954.00 $ 30,000.00 49.85% 45889 16500 1799869 Water Receipts T-on & Reconnection Revenue Water Taps $ 17,550.00 $ 55,000.00 31.91% Water Taps 6000 Waste Water Receipts Total Utility Fund Revenues $ 3,856,743.00 $ 7,702,400.00 50.07% Total Utility Fund Expenses $ 3,743,663.00 $ 7,702,400.00 48.60% Lease Income Historical Summary of Sales Tax 2019 2018 2017 2016 1176648 JAN $ 242,562.00 $ 225,820.00 $ 262,010.00 $ 208,797.37 Penalties FEB $ 295,203.00 $ 320,829.00 $ 270,864.00 $ 261,746.98 MAR $ 302,479.00 $ 220,711.00 $ 182,909.00 $ 247,382.39 2128852 T-on & Reconnection Revenue APR $ 229,684.00 $ 260,761.00 $ 201,855.00 $ 182,646.86 MAY $ - $ 331,122.00 $ 312,853.00 $ 253,438.00 Water Taps JUN $ - $ 217,963.00 $ 190,405.00 $ 188,739.00 JUL $ - $ 230,351.00 $ 207,521.00 $ 205,395.00 AUG $ - $ 264,752.00 $ 245,043.00 $ 235,105.00 SEP $ - $ 230,949.00 $ 219,684.00 $ 204,903.99 OCT $ - $ 235,520.00 $ 231,485.00 $ 227,753.00 NOV $ - $ 297,762.00 $ 294,952.00 $ 258,016.00 DEC $ - $ 261,394.00 $ 220,749.00 $ 216,890.00 $ 1,069,928.00 $ 3,097,934.00 $2,840,330.00 $ 2,690,813.59 Palo Duro Creek Golf Course Budgeted Amount Percentage to Budget Revenues to Date $545,383.00 $1,429,963.00 38.14% Exenditures to Date $927,312.00 $1,429,963.00 64.85%  CITY OF CANYON SALES TAX COLLECTION HISTORY FISCAL YEAR 2018-2019 % INCREASE/ % INCREASE/ 2018-2019 TOTAL 2016-2017 2017-2018 DECREASE 2018-2019 DECREASE YEAR-TO-DATE YEAR-TO-DATE MONTH COLLECTIONS COLLECTIONS COLLECTIONS COLLECTIONS TAXABLE SALES ** OCTOBER $227,753 $231,485 1.64% $235,520 1.74% $235,520 $15,701,333 NOVEMBER $258,016 $294,952 14.32% $297,762 0.95% $533,282 $35,552,133 DECEMBER $216,890 $220,749 1.78% $261,394 18.41% $794,676 $52,978,400 JANUARY $262,010 $225,820 -13.81% $242,562 7.41% $1,037,238 $69,149,200 FEBRUARY $270,864 $320,829 18.45% $295,203 -7.99% $1,332,441 $88,829,400 MARCH $182,909 $220,711 20.67% $302,479 37.05% $1,634,920 $108,994,667 APRIL $201,855 $260,761 29.18% $229,684 -11.92% $1,864,604 $124,306,933 MAY $312,853 $331,122 5.84% $0 -100.00% $1,864,604 $124,306,933 JUNE $190,405 $217,963 14.47% $0 -100.00% $1,864,604 $124,306,933 JULY $207,521 $230,351 11.00% $0 -100.00% $1,864,604 $124,306,933 AUGUST $245,043 $264,752 8.04% $0 -100.00% $1,864,604 $124,306,933 SEPTEMBER $219,684 $230,520 4.93% $0 -100.00% $1,864,604 $124,306,933 TOTALS $2,795,803 $3,050,015 $1,864,604  REGARDING ITEM 12 AGENDA TO: Jon Behrens, Interim City Manager FROM: Chris Sharp, Director of Finance DATE: May 1, 2019 SUBJECT: Consider and Take Appropriate Action on Quarterly Investment Report by Finance Director Chris Sharp. A summary of all investments for the City of Canyon as of March 31, 2019 are submitted as an attachment to this agenda item. All funds are invested with the City’s depository bank, Happy State Bank. Total amount of investments for the City is $4,491,323. These funds have been invested in the CDARS program and in CDs through Happy State Bank. The Canyon EDC also has investments in the CDARS program in the amount of $178,789. The City’s 2012 certificates of obligation funds have been invested into a CDARS investment account and has a balance of $1,223,475. Total funds on hand, which includes funds in depository accounts as well as funds in investments total $7,686,674. This report is to comply with legislation requiring periodic reports to be made to the governing body for approval. RECOMMENDED ACTION Approval of the Quarterly Investment Report for the Quarter Ending March 31, 2019. City of Canyon  QUARTERLY INVESTMENT REPORT Quarter ending: 12/31/2018 03/31/2019 Interest Rate Interest earned CERTIFICATE OF DEPOSITS: for quarter CD# Interest Rate 6611 CEDC CD 2.29 $ 58,658.86 $ 59,214.37 $ 555.51 6646 CEDC CD 2.29 $ 59,788.22 $ 60,354.44 $ 566.22 14897 CEDC CD 2.29 $ 59,012.47 $ 59,221.09 $ 208.62 CDARS CERTIFICATES OF DEPOSIT $ 177,459.55 $ 178,789.90 15076 GENERAL FUND CD 2.29% $ 150,469.64 $ 151,001.58 $ 531.94 14895 GENERAL FUND CD 2.29% $ 511,495.24 $ 513,303.57 $ 1,808.33 14758 GENERAL FUND CD 2.29% $ 150,638.79 $ 151,034.73 $ 395.94 14970 GENERAL FUND CD 2.29% $ 152,817.31 $ 153,196.09 $ 378.78 934 GENERAL FUND CD 2.29% $ 886,476.69 $ 891,825.14 $ 5,348.45 942 WW/SS FUND CEDERS Sweep acct 2.29% $ 2,615,184.50 $ 2,630,962.00 $ 15,777.50 TOTAL AMOUNT IN CDARS $4,467,082.17 $ 4,491,323.11 TOTAL AMOUNT OF FUNDS IN BANK $3,540,521.27 $ 3,195,351.68 TOTAL FUNDS ON HAND $8,007,603.44 $ 7,686,674.79 2012 Certificates of Obligations (Invested in CDARS account) 2.286% $ 2,015,104.24 $ 1,223,475.50 $ 8,370.26 REGARDING ITEM 13 AGENDA To: Jon Behrens, Interim City Manager From: Chris Sharp, Director of Finance Date: April 26, 2019 Re: Consider and Take Appropriate Action on Agreement for Professional Services between the City and Valley View Consulting The business office has been informed by our financial software vender that they, (INCODE), will no longer offer support for the credit card processing company that we use. We can still use the same company that we are using, but we’ll not be able to call INCODE to help with the troubleshooting should we have problems with their system. With that in mind, we think it would be prudent for us to start looking for a new credit card merchant. Much like our banking request for proposals (RFP), we need to have the assistance of a consultant to help us out with this process. Valley View Consulting has done are banking contract and our investment policy. They have experts who have the knowledge and experience in assisting cities through the complex process of selecting a credit card merchant. Attached to this agenda item is Valley View’s proposal for their services. It is staff’s recommendation that the Commission approve the letter of agreement with Valley View Consulting, LLC for assistance in selecting a new credit card merchant. City of Canyon REGARDING ITEM 14 AGENDA To: Jon Behrens, Interim City Manager From: Chris Sharp, Director of Finance Date: April 26, 2019 Re: Consider and Take Appropriate Action on Request from Lone Star Dairy Products to Have the City Refund Penalties and Interest Paid to the City Due to Late Payment of Their Ad Valoreum Taxes A request has been made by Lone Star Dairy Products asking that the City refund penalties and interest that was paid by them because they were late on paying their Ad Valoreum taxes in December. I instructed them to send the Commission a written request and an explanation as to why the payment was made late. This request is included in your packet. Total tax amount paid was $344,801 Penalty paid $20,688 Interest paid $3,448.01 It would be staff’s recommendation that the penalty and interest not be refunded to Lone Star. Like every individual property owner and business owner, Lone Star was sent a tax bill from the County several months prior to the due date. The City has never, to my knowledge, refunded penalties and interest to property owners or business because they were late on making their payment. I would hate for us to start doing this now. It should be noted that this same request was sent to Randall County and the Commission declined their request. It is staff’s recommendation that the request to refund the penalties and interest paid by Lone Star Dairy Products be denied. City of Canyon REGARDING ITEM 15 AGENDA To: Mayor and City Commission From: Chuck Hester, City Attorney Date: April 30, 2019 Re: Consider and Take Appropriate Action on Resolution No. 11-2019 Initiating the Voluntary Annexation of Land Within the ETJ at the Request of Hillside Christian Church by Adoption of an Annexation Calendar. ___________________________________________________________________ Hillside Christian Church has requested voluntary annexation of land consisting of 3.21 acres which is west of the high school across highway 87 and which has an address of 1700 23rd St., Canyon, Texas. This land is within the ETJ, is contiguous to the city limits and may be annexed upon the voluntary petition of the land owner. Attached is the signed Petition and Affidavit for voluntary annexation, along with a Resolution Adopting the Annexation Calendar. It is my recommendation to adopt Resolution 11-2019. City of Canyon  RESOLUTION NO. 11-2019 A RESOLUTION OF THE CITY OF CANYON, TEXAS, SETTING A DATE, TIME, AND PLACE FOR PUBLIC HEARINGS AND PROVIDING FOR NOTICE OF PUBLIC HEARINGS IN REGARD TO THE PROPOSED ANNEXATION OF PROPERTY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CANYON AT THE REQUEST OF HILLSIDE CHRISTIAN CHURCH, A TEXAS NON- PROFIT CORPORATION, ACTING BY AND THROUGH ITS DULY AUTHORIZED AGENT. WHEREAS, a petition for voluntary annexation of land within the ETJ of the City of Canyon has been presented by HILLSIDE CHRISTIAN CHURCH, A TEXAS NON-PROFIT CORPORATION, ACTING BY AND THROUGH ITS DULY AUTHORIZED AGENT; and; WHEREAS, the City Commission agrees that voluntary annexation proceedings should be initiated on this date; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1.: WHEREAS; the City Commission finds that it is in the public interest to extend the boundaries of the municipality to include the property adjacent to the municipal boundaries of the City herein described; WHEREAS; the unincorporated territory to be annexed consists of unimproved property with no residents living within the unincorporated territory to be annexed. The territory to be annexed is exempt under TEX. LOC. GOVT. CODE CHAPTER 43 TITLE 2, SUBTITLE C; and, WHEREAS; the unincorporated territory proposed for annexation is not described in a recorded plat at this time. SECTION 2.: THEREFORE, the City Commission proposes to conduct public hearings for the purpose of considering whether to extend the municipal boundaries of the City of Canyon to include the following described property which now lies adjacent to the city limits within the extraterritorial jurisdiction of the City, to wit: 1 Being a tract or parcel of land in Section 63, Block B-5, H & GN Railroad Co. Survey, Randall County, Texas, and being a part of that tract conveyed to Ted W. Smith and wife, Karen J. Smith by that certain instrument of conveyance of record in Volume 1155, Page 348 of the Deed Records of Randall County, Texas, said 3.21 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2'' iron rod set in the West right-of-way line of US Highway 87, in the North line of the aforesaid Smith tract for the Northeast corner of the herein described tract from this point a 1/2" iron rod found with a cap marked "GOLLADAY" (the Southeast corner of Canyon Crest Apartments, an addition to the City of Canyon, of record in Volume 860, Page 125) bears North 00° 29' 15" East, 1131.3 feet and the Northeast corner of Section 63 bears South 89° 29' East 88.0 feet and North 00° 28' East 1331.0 feet (from record data); THENCE South 00° 28' West, 228.6 feet along the said right-of-way line of US Highway 87 to a 1/2" iron rod set, the Southeast corner of the herein described tract; THENCE North 89° 29' West, 612.0 feet along the North line of that certain described tract in that certain instrument of conveyance of record in Volume 1293, Page 369, to a 1/2" iron rod set, the Southwest corner of the herein described tract; THENCE North 00° 28' East, 228.6 feet to a 1/2" iron pipe found, the Southwest corner of that certain tract described in that certain instrument of conveyance of record in Volume 195, Page 325, and the Northwest corner of the herein described tract; THENCE South 89° 29' East, 612.00 feet along the North line of the said Smith tract to the PLACE OF BEGINNING and containing a computed area of 3.21 acres, more or less. SECTION 3.: The following annexation calendar is adopted by the City Commission to govern the publication and posting of notices and public hearings to be held as required by law: 2 ANNEXATION CALENDAR May 6, 2019 Adopt annexation calendar. May 8, 2019 Post Annexation Calendar on City of Canyon internet website; Notice to CISD, Randall County, Potter- Randall Appraisal District, Randall County Noxious Weed Control District, South Randall County Hospital District and Texas Department of Transportation. May 9, 2019 Publish Notice of Public Hearing in the Canyon News. May 16, 2019 Publish Notice of Public Hearing in Canyon News. May 17, 2019 Post Notice of First Public Hearing under the Texas Open Meetings Act May 20, 2019 Hold First Public Hearing May 23, 2019 Publish Notice of Public Hearing in Canyon News. May 31, 2019 Post Notice of Second Public Hearing under the Texas Open Meetings Act June 3, 2019 Hold Second Public Hearing June 14, 2019 Post Notice of action upon annexation ordinance pursuant to the Texas Open Meetings Act June 17, 2019 Consider and act upon adoption of Annexation Ordinance. ADOPTED ON May 6, 2019. GARY HINDERS, Mayor ATTEST: GRETCHEN MERCER, City Secretary 3  MAY 2019 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 &RPPV 7 8 9 10 11 PHHWLQJ $GRSWDQQH[ FDOHQGDU 12 13 14 15 16 17 18 19 20 &RPPV 21 22 23 24 25 PHHWLQJ VWSXEOLF +HDULQJRQ DQQH[DWLRQ 26 27 28 29 30 31  JUNE 2019 Sun Mon Tue Wed Thu Fri Sat 1 2 3 &RPPV 4 5 6 7 8 PHHWLQJ QGSXEOLF +HDULQJRQ DQQH[DWLRQ 9 10 11 12 13 14 15 16 17 &RPPV 18 19 20 21 22 PHHWLQJ $GRSWLRQIRU DQQH[DWLRQ 23/30 24 25 26 27 28 29