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 20th 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 May 6, 2019. 5. Public Comment – Comments from Interested Citizens. 6. Oath of Office for Mayor Place 1 and Commissioners Place 2, 3, 4 and 5, Duly Elected for Purposes of the May 4, 2019 General Election. 7. Consider and Take Appropriate Action on Election of Mayor Pro-Tem for the City of Canyon Commission. 8. Conduct a Public Hearing and Consider and Take Appropriate Action on a Specific Use Permit Request for the Sale of Household Furniture, Appliances, Clothing, and Home Décor on the North and West Parking Lots of the Resale Store at 403 23rd Street. 9. Consider and Take Appropriate Action on Elimination of Overdue Fines on Library Materials at the Canyon Area Library. 10. Consider and Take Appropriate Action on CAP Schedules and Rates. 11. Conduct First Public Hearing on Ordinance No. 1106, Annexing Property for Hillside Christian Church. 12. Executive Session Pursuant to §551.074 Regarding Personnel Matters (City Manager, Safety Director, Canyon Volunteer Fire Department Pension Board), 551.072 Real Property, and §551.071 Consultation with Attorney. 13. Consider and Take Appropriate Action on Items Discussed in Executive Session. 14. Consider and Take Appropriate Action on Meeting Dates for July, August and September 2018. 15. 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 17th day of May 2019. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting May 6, 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, and Cody Jones. Commissioners Roger Remlinger and Paul R. Lyons were unable to attend. Also present were the following City Staff: Interim City Manager Jon Behrens, City Secretary Gretchen Mercer, Chief of Police Dale Davis, Public Works Director Dan Reese, Planning and Development Director Danny Cornelius, Finance Director Chris Sharp, Business and Community Development Director Evelyn Ecker, Water Superintendent Eric Whitten, Police Captain Ray Resendez, Detective Shelby Davis, Sergeant Matt Coggins, Sergeant Carlos Hernandez, Sergeant Luke Stout, Officer Max White, Officer Jeremy Luetkahans, Officer Anthony Ochoa, Officer Judd Wolfe, Officer Adam Topper, Officer Jaime Bolanos, Corporal Erick Jusiak, Corporal Kody McCarroll, Officer Daniel Roach, Municipal Court Clerk Sheila Roach, Incoming Commissioner Randy Ray and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:34 p.m. Item 2. Invocation. Commissioner Jones gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Pro-Tem Richardson. Item 4. Approval of Minutes of the Meeting of April 15, 2019. . Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones to approve the minutes of April 15, 2019 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No comment was made. Item 6. Update from Interim City Manager Jon Behrens. Interim City Manager Jon Behrens gave a brief update on the status of the following projects. • 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 City Commission Meeting May 6, 2019 Page 2 of 5 • Parking on Other Than Improved Surfaces Item 7. Presentation of the Texas Police Chiefs Association Re-Recognition of the Canyon Police Department. Police Chief Dale Davis called up Police Captain Ray Resendez and Detective Shelby Davis and presented them with 20 year badges in honor of their serving 20 plus years of dedicated service to the City of Canyon. Commissioners congratulated and commended Captain Resendez and Detective Davis on their dedication and service to Canyon. Chief Davis then presented a Recognition Certificate awarded to the Canyon Police Department on their re-recognition of outstanding performance and meeting all 166 Texas Law Enforcement Best Practices. Chief Davis stated the Canyon Police Department was the second police agency in the State of Texas to receive recognition status in February 2008. The Recognition designation is held for four years at which time the assessment team, made up of 9 Police Chiefs, formally reviews the department for re-recognition. This is the 3rd designation for the Canyon Police Department. Mayor Hinders thanked the officers for making Canyon such a safe place to live and being instrumental in the designation of one of the top safest cities to live in. Mayor Hinders expressed appreciation for the recent quick apprehension of a criminal committing armed robbery. Mayor Hinders said it just backs up that if you commit a crime in Canyon you will be caught. Item 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. Chief of Police Dale Davis presented Ordinance No. 1105 for consideration. Chief Davis stated as directed in previous Commission meetings regarding noise complaints, he had studied ordinances from other cities to draft Ordinance No. 1105 dealing with the regulation of noise within the city limits of Canyon. Chief Davis said Ordinance No. 1105 gives a base for enforcement of excessive noise based on decibels per a decibel meter. Commissioner Jones asked if the ordinance presented to the City of Canyon Commission was pretty consistent with other noise ordinances and if excessive noise would be dealt with on a complaint basis or sought out by officers. Chief Davis said the decibel numbers were consistent with not only ordinances found across Texas, but across the country. Chief Davis said excessive noise would be dealt with on a complaint basis, but if Officers observed a noise nuisance they would be able to address it consistently and fairly with the adoption of the ordinance setting the decibel levels. Commissioners discussed if the proposed decibel levels were too high or too low, could there be adjustment. Mayor Hinders stated he thought it would be good to monitor the process as presented and requested Chief Davis come back in 6 months and report how it’s going. After discussion, Commissioner Jones moved, duly seconded by Mayor Pro-Tem Richardson to approve Ordinance No. 1105 as presented. City Commission Meeting May 6, 2019 Page 3 of 5 Mayor Pro-Tem Richardson thanked Chief Davis for putting Ordinance No. 1105 together in a way that is respectful to both citizens and business. Mayor Hinders called for a vote on the motion, the motion carried unanimously. 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. Item 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. City Secretary Gretchen Mercer presented Resolution No. 09-2019 for consideration. After discussion, Mayor Pro-Tem Richardson moved, duly seconded by Mayor Hinders to adopt Resolution No. 09-2015 as presented. Motion carried with Commissioner Jones abstaining. 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. Item 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. City Secretary Gretchen Mercer presented Resolution No. 10-2019 for consideration. After discussion, Mayor Pro-Tem Richardson moved, duly seconded by Mayor Hinders to adopt Resolution No. 10-2015 as presented. Motion carried with Commissioner Jones abstaining. 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. City Commission Meeting May 6, 2019 Page 4 of 5 Item 11. Consider and Take Appropriate Action on Quarterly Finance Report by Finance Director Chris Sharp. Finance Director Chris Sharp presented the Quarterly Finance Report for consideration. After discussion Mayor Pro-Tem moved, duly seconded by Commissioner Jones to approve the Quarterly Finance Report as presented. Motion carried unanimously. Item 12. Consider and Take Appropriate Action on Quarterly Investment Report by Finance Director Chris Sharp. Finance Director Chris Sharp presented the Quarterly Investment Report for consideration. After discussion Mayor Pro-Tem moved, duly seconded by Commissioner Jones to approve the Quarterly Finance Report as presented. Motion carried unanimously. Item 13. Consider and Take Appropriate Action on Agreement for Professional Services Between the City and Valley View Consulting. Finance Director Chris Sharp presented a proposed agreement for assistance in finding a credit card processing company. Mr. Sharp stated the city had been informed by INCODE that they will no longer support the credit card processing company currently used for safety reasons. Mr. Sharp said currently, every time a card is swiped the city is charged 11 different fees and that INCODE helps us troubleshoot problems with the processing procedure when needed. Mr. Sharp said since the city doesn’t know which company would be best as far as safety and low fees, staff felt it would be prudent to hire a consultant to help do an RFP to hire a new credit card processing company. Mayor Hinders asked if there were alternative consultants as Valley View seemed high. Mr. Sharp said he had researched to see if there were other firms and contacted other cities and no one knew of any other firms. Mayor Pro-Tem Richardson asked if other cities were in the same boat as Canyon and if there was a way to collaborate with other cities. Mr. Sharp stated he would look into that and check with other GFOAT (Government Finance Officers Association of Texas) members to see if they had ideas. After discussion, Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones to approve the letter of agreement with Valley View Consulting and to empower Finance Director Chris Sharp to negotiate services as best for the City of Canyon. Motion carried unanimously. Item 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. Finance Director Chris Sharp presented a request from Lone Star Dairy Products for the City of Canyon to refund penalties and interest paid due to late payment. Mr. Sharp said Lone Star Dairy Products received their bill several months in advance the same as everyone and felt that if we refunded the late fees then everyone would expect it. Mr. Sharp said they also requested a refund from Randall County and it was denied. City Commission Meeting May 6, 2019 Page 5 of 5 After discussion Commissioner Jones moved, duly seconded by Mayor Pro-Tem Richardson to deny the request for the refund of penalties and interest paid by Lone Star Dairy Products. Motion carried unanimously. Item 15. Consider and Take Appropriate Action on Resolution No. 11-2019 for the Annexation of Property Owned by Hillside Christian Church. City Attorney Chuck Hester presented Resolution No. 11-2019 for consideration. Mr. Hester stated the adoption of Resolution No. 11-2019 would adopt the annexation calendar and begin the process of annexation of property owned by Hillside Christian Church as requested by them. After discussion Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones to approve adoption of Resolution No. 11-2019 as presented. Motion carried unanimously. 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. Before retiring into Executive Session, Mayor Hinders presented Mayor Pro-Tem Justin Richardson with a flag case in honor of 5 years of service as a City Commissioner for the City of Canyon. Mayor Pro-Tem Richardson’s term expires May 20, 2019 on swearing in the incoming members. Item 16. Executive Session Pursuant to §551.074 Regarding Personnel Matters (City Manager), §551.072 Real Property, and §551.071 Consultation with Attorney. Mayor Hinders indicated the Commission would adjourn into Executive Session at 6:00 pm. Item 17. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 6:14 pm, no action was taken. Item 18. 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: Jon Behrens, Interim City Manager From: Gretchen Mercer TRMC, City Clerk Date: May 20, 2019 Re: Oath of Office for Mayor Place 1, and Commissioners Place 2, 3, 4 and 5, Duly Elected for Purposes of the May 4, 2019 General Election. Congratulations to each of you and welcome to our new Commissioner Randy Ray. Thank you to Mayor Gary Hinders, and Commissioners Cody Jones, Paul Lyons and Roger Remlinger for continuing to serve Canyon. I also want to thank Justin Richardson for 5 years of service to the City of Canyon as a Commissioner and Mayor Pro-Tem. We appreciate all you have done for the City of Canyon. I have completed the Certificate of Unopposed Candidates and each you will receive a Certificate of Election as prescribed by the Secretary of State. You may keep this or I can keep it with my files. City Attorney Chuck Hester will administer the “Statement of Elected Officer” and the “Oath of Office” to each of you individually. I will keep these in my files. Once all this is complete, you will take your respective seats and the Commission meeting will proceed. Family and friends are welcome to attend the meeting and take photos. I know you will have many questions and want you to feel free to contact us anytime. We all look forward to continuing to make Canyon, Texas the greatest place to live. City of Canyon AW12-1 Prescribed by Secretary of State Section 2.051-2.053, Texas Election Code 2/14 CERTIFICATION OF UNOPPOSED CANDIDATES FOR OTHER POLITICAL SUBDIVISIONS (NOT COUNTY) CERTIFICACION DE CANDIDATOS UNICOS PARA OTRAS SUBDIVISIONES POLITICAS (NO EL CONDADO) To: Presiding Officer of Governing Body Al: Presidente de la entidad gobernante As the authority responsible for having the official ballot prepared, I hereby certify that the following candidates are unopposed for election to office for the election scheduled to be held on May 04, 2019. Como autoridad a cargo de la preparacion de la boleta de votacion official, por la presente certifico que los siguientes candidatos son candidatos unicos para eleccion para un cargo en la eleccion que se llevara a cabo el 04 de mayo, 2019. List offices and names of candidates: Lisa de cargos y nombres de los candidatos: Offices(s) Cargo(s) Candidate(s) Candidato(s) Mayor, Place 1 Gary Hinders Commissioner, Place 2 Cody Jones Commissioner, Place 3 Paul R. Lyons Commissioner, Place 4 Roger Remlinger Commissioner, Place 5 Randy Ray Signature (Firma) Gretchen Mercer Printed name (Nombre en letra de molde) City Secretary Title (Puesto) 05-4-2019 (Seal) (sello) Date of signing (Fecha de firma) REGARDING ITEM 7 AGENDA To: Jon Behrens, Interim City Manager From: Gretchen Mercer TRMC, City Clerk Date: May 20, 2019 Re: Consider and Take Appropriate Action on Election of Mayor Pro-Tem for the City of Canyon Commission. As per the City of Canyon Charter; “The Commission shall elect a Mayor Pro-Tem who shall act as Mayor during the absence or disability of the Mayor, and if a vacancy should occur, shall become Mayor until the next regular election”. We will have a piece at paper at your place and you can write down your nomination. We will go with majority. In the case of a tie, we will go with a show of hands. City of Canyon REGARDING ITEM 8 AGENDA To: Jon Behrens, Interim City Manager From: Danny Cornelius, Director of Planning and Development Date: May 14, 2019 Re: Conduct a Public Hearing and Consider and Take Appropriate Action on a Specific Use Permit Request for the Sale of Household Furniture, Appliances, Clothing, and Home Décor on the North and West Parking Lots of the Resale Store at 403 23rd Street. Robin Woolsey of the Resale Store at 403 23rd Street has submitted a Specific Use Permit Application for the “sale of household furniture, appliances, clothing, and home décor on the north and west parking lots”. The property is located in the RC-2 (Commercial) Zoning District. The Summary Use Chart of the Zoning Ordinance allows the Storage and Sale of Household Furniture and Appliances Outside a Building in the RC-2 Zoning Districts by Specific Use Permit only. Letters were sent to 18 property owners within 200 feet. We received 2 responses with 1 supporting and 1 opposing the request. The Planning and Zoning Commission voted unanimously to recommend approval of a 1 year Specific Use Permit with the requirement that all items be brought inside after business hours. City of Canyon Map Data displayed were gathered 04/02/19 13:03 by the City of Canyon for municipal purposes. No guarantee is made regarding suitability for any other use or purpose. Map Data displayed were gathered 04/24/19 11:03 by the City of Canyon for municipal purposes. No guarantee is made regarding suitability for any other use or purpose. » Assist in speeding up the development review process and/or waiving development fees for new businesses that align with the goals and actions of this Plan 5. FOCUS KEY NON-RESIDENTIAL REDEVELOPMENT EFFORTS AROUND THE PROMINENT THOROUGHFARES AND INTERSECTIONS, INCLUDING THE INTERSECTION OF 4TH AVENUE AND 23RD STREET » Create a redevelopment plan/policy for key thoroughfares/intersections » Work with the EDC to bring target businesses to these areas » Consider purchasing properties in these areas, as they become available » Adopt specific design standards for these areas to set them apart 6. CREATE ORDINANCES TO PROTECT FLOODPLAIN AREAS » Coordinate with the Planning and Development staff to review existing floodplain ordinances » Identify potential updates and review with the Planning & Zoning Commission and the City Commission 7. CONTINUE TO DEVELOP PUBLIC USES NORTH OF THE SQUARE » Consider this area for all future public facilities » Brand the area as a municipal complex, with consistent signage and way-finding » Develop the property north of City Hall for future expansion of the Civic Complex 176 City of Canyon  Canvon Code ofOrdinances Title XV: Land Usage Residential Non-Residential Mix Single-Family Multi- Retail/Commercial Industrial Other Use Familv SF- SF- SF- SF- 2F MF RC- RC- RC- 1-1 1-2 F PD A E s V 1 2 3 Special Uses, cont'd. Banking, automated teller onlv - - - - - - p p p p p - p Business sirns - - - - - - p p p p p - s Cabinet and upholsterv shoo - - - - - - - p p p p - - Cleaning and dyeing plant - - - - - - - p p p p - - Clubs (service), lodges, fraternities and - - - - - - - - p p p p sororities Commercial amusemenL indoor - - - - - - p p p p p - p Commercial amusement, outdoor - - - - - - - p - p p s - Commercial stable s - - - - - - - - - - - - Flea market - - - - - - - - - p p - - Golf (miniature), driving range, putting course - - - - - - p p - p - s s Greenhouses and nurseries (commercial) - - - - - - p p s p p - s Heavy machinery sales and storage - - - - - - - p p p p - - Home beauty shop s s - - - - - - - - - - - Hotel and motel - - - - - - p p p p - - - Laundry plant (commercial) - - - - - - p p p p p - - Leather goods shoo - - - - - - p p p - - - - Milk depot, dairv, or ice cream olant - - - - - - p p p p p - - Massage therapy establishment - - - - - - - s s s - - - Newspaper printing - - - - - - p p p p p - - Night club - - - - - - - s s - - - - Plumbing shop - - - - - - p p p p p - - Print shop - - - - - - p p p p p - - Private above-ground water storage tank p s s s s s - - - s s s s Private stable s - - - - - - - - - - - - Public garage, no aboveground gasoline storage - - - - - - p p p p p - s Recycling center - - - - - - - s s p p - s Recycling Plant - - - - - - - - - p p - - Scientific and research laboratories - - - - - - p p p p p - p Storage. and sale of household furniture - - - - - - s s - p p - - and appliances (outside a building) Storage warehouse - - - - - - - - - p p - - Taxidermist - - - - - - s s - s s - - Theater, indoor - - - - - - p p p p s - p Theater, outdoor (drive-in) - - - - - - s - - p p - - Tire dealer - - - - - - - p - p p - - Tool rental shop - - - - - - p - p p - - Trailer rental or sales - - - - - - - p p p p - - Trade and commercial schools - - - - - - - p p p p - - Transfer storage and baggage terminal - - - - - - - p p p p - - Veterinarian clinic and kennel (no - - - - - - p p - p p - - outside pens) Veterinarian clinic and kennel (with - - - - - - - - - p p - - outside pens) Welding or machine shop - - - - - - - p p p p - - Wholesale office and sample room - - - - - - - p p p p - - Office and Professional Uses Dental clinic or Iaboratorv - - - - - - p p - p - - - Medical clinic or laboratorv - - - - - - p p - p - - - Radio broadcasting without tower - - - - - - p p p p p - s Automobile and Relative Uses Automobile leasing and renting - - - - - - - p p p - - - Automobile oainting and rebuilding - - - - - - - p p p p - - Title XV-134 Supp. No. 8  Planning and Zoning Commission Meeting Minutes – May 13, 2019 The Planning and Zoning Commission of the City of Canyon met 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: Larry Raemakers, Bobbie Jo Krutsch, Mandy Williams, and Charles Munger. Commissioners Jeremy Bradford, Tim Gilliland, and Joel Enriquez were unable to attend. Director of Planning and Development Danny Cornelius was also present. Item 1: Call to Order. Chairman Craddock called the meeting to order at 4:03 pm. Item 2: Approval of Minutes from the April 8, 2019 Meeting. Commissioner Krutsch moved, duly seconded by Commissioner Williams, to approve the minutes from the April 8, 2019 meeting. The motion passed unanimously. Item 3: Conduct a Public Hearing and Consider and Take Appropriate Action on a Specific Use Permit Request for the Sale of Household Furniture, Appliances, Clothing, and Home Décor on the North and West Parking Lots of the Resale Store at 403 23rd St. Robin Woolsey of the Resale Store at 403 23rd Street submitted a Specific Use Permit Application for the “sale of household furniture, appliances, clothing, and home décor on the north and west parking lots”. The property is located in the RC-2 (Commercial) Zoning District. The Summary Use Chart of the Zoning Ordinance allows the Storage and Sale of Household Furniture and Appliances Outside a Building in the RC-2 Zoning Districts by Specific Use Permit only. Chairman Craddock opened the public hearing at 4:04 pm. Robin Woolsey spoke to the commission about the importance of outdoor display for his business. He stated that they do not want to receive large items such as couches or refrigerators. Chairman Craddock closed the public hearing at 4:06 pm. Chairman Craddock expressed concern that the corner where the business is located is extremely important to the appearance of the City and the newly adopted Comprehensive Plan recommends specific design standards for that intersection. Commissioners expressed concern about appearance and items being left out overnight. The Commission and Mr. Woolsey agreed that “dumping” of donated items was something they wanted to avoid. Letters were sent to 18 property owners within 200 feet. Two responses were received with one supporting and one opposing the request. After discussion, Commissioner Munger moved, duly seconded by Commissioner Williams, to recommend approval of a 1-year outdoor display Specific Use Permit with the requirement outdoor display may only take place during business hours. The motion passed unanimously. Item 4: Discussion on Accessory Building Regulations. Planning and Zoning Commission Meeting May 13, 2019 Page 2 of 2 Ordinance No. 1101 regarding accessory building regulations was passed in January 2019. A situation was presented that pointed out a possible loophole in the ordinance. The ordinance defines an Accessory Building as “in a Residential District” and it defines a Residential District as a “District where the primary purpose is residential use”. This would limit the regulations to the Single-Family, 2F (Duplex Attached Residential), and MF (Multi-Family Attached Residential) Districts. If an accessory building permit were requested for a single-family home in the RC-2 (Commercial) District for example, the 1200 sq ft and height limit would not apply. After discussion, the commission directed staff to draft an ordinance where the residential accessory building regulations would apply to residential uses rather than residential districts. Item 5: Adjourn. Chairman Craddock adjourned the meeting at 4:54 pm. Bill Craddock, Chairman Planning and Zoning Commission ATTEST: Gretchen Mercer, City Clerk REGARDING ITEM 9 AGENDA To: Jon Behrens, Interim City Manager From: Janice Doan, Canyon Area Library Director Date: May 8, 2019 Re: Consider and Take Appropriate Action on Elimination of Overdue Fines on Library Materials at the Canyon Area Library. ______________________________________________________________________ I would like to propose that we eliminate overdue fines for library materials in the Canyon Area Library. The move to becoming fine free is a rapidly spreading one as more libraries work to break the barrier created by fines. Many patrons never return to library for fear that fines are looming over their heads. We have offered fine incentives over the past three months and have seen an increase in returning patrons. Patrons have been pleasantly surprised to have the opportunity to lower their fine or have it completely forgiven. Fines for damaged and/or lost materials will still be collected. Fees to print, copy and use the 3-D printer will also remain in place. We will continue to receive reimbursement from the State for interlibrary loan (ILL) postage. The attached document provides a breakdown of the revenue and expenses involved in attempted collection of late fees. I have also included a description of the policy related to non-returned books that will replace the fine policy. The Canyon Area Library staff believes that the elimination of these fees will allow many patrons to return to library. The Canyon Area Library board has discussed this change and is in agreement to eliminate overdue fines. At this time it is staff’s recommendation that the Commission authorize the Director of the Canyon Area Library to discontinue overdue fines on library materials and become a fine free zone. City of Canyon Canyon Area Library Fine Free Zone Proposal Revenue  January 2018 – December 2018 Overdue fines collection $2,364.62 Copies/3-D printing/Lost & Damaged materials $4,487.95 Total Revenue $6,852.57 Expenses - Overdue Fine Collection  The following approximated costs (financial & time) were incurred to collect overdue revenue of $2,364.62. 1. Individual editing for each letter $? 2. Ink cartridge $262.99 3. 1,396 sheets of paper @ .02 $27.92 4. 1,396 stamps @ .50 $698.00 5. 1,396 envelopes @ .25 $349.00 6. 4 hours/week staff time @ $10/hr $2,080 7. Credit Bureau of the High Plains $30.30 Estimated Total $3,448.21 Fine Free Zone  The Canyon Area Library would still have due dates for each item checked out. Patrons would be able to extend that due date just like they are able to now.  Once a patron is 30+ days late in returning their item, the price of that item is added as a lost materials fine on their account. This will block their account at any library within the Harrington Consortium and will restrict online access to our paid programs such as Hoopla, 3M Cloud, etc. The fee is removed and full access is immediately restored upon return of the book.  At 30 days late, the library staff will call or email the patron to request the item(s) be returned to the library. If phone or email contact cannot be made, a reminder letter will be sent to the patron. With our current fine system, overdue letters go out after 10, 24, 38 and 52 days.  Habitually late patrons could have their account privileges curtailed. Local Fine Free Libraries  Wellington  Memphis A quote from the Denver Public Library… “Eliminating overdue fines is paramount to providing equitable access for all customers,” says City Librarian Michelle Jeske. “Too often, fines penalize the most vulnerable families and individuals who can least afford them; we want to reverse this trend and get community members back into our buildings to use materials and enhance their quality of life and education.”  Canyon Area Library Circulation Policy Loan Periods and Renewals: Most materials will check out for two weeks. Up to four renewals will be available unless another patron has requested the item. Magazines will check out for seven days. Videos/DVDs will check out for seven days. Limits: The first check out on a new card is limited to 5 items. After that, up to 50 items may be checked out. A maximum of 5 Videos/DVDs may be checked out per patron. Interlibrary Loan (ILL) may be requested three months after a new card is issued. Fines and Charges: There are no overdue fines charged for late materials. The Canyon Area Library will still have due dates for each item checked out. Once a patron is 30+ days late in returning their book, the price of that book is added as a lost materials fine on their account. This will block their account at any library within the Harrington Consortium and will restrict online access to paid programs such as Hoopla, 3M Cloud, etc. Once payment has been made or the item has been returned, full access is immediately restored. At 30 days late, the library staff will call or email the patron to request the item(s) be returned to the library. If phone or email contact cannot be made, a reminder letter will be sent to the patron. Habitually late patrons could have their account privileges curtailed. Library Cards: Library cards are available for residents of Canyon and Randall County outside the city limits of Amarillo. A photo ID and proof of residency will be required to receive a library card. The original library card is free. Replacement of lost library cards will be $2.00. There is no charge for replacement of damaged library cards. Children under 16 need to be accompanied by a parent, who must sign the application form. Children must be at least 5 years old to obtain their first library card. Temporary library cards will be issued to people staying in Canyon for a limited time. Photo ID and a local address will be required. We will also need the person’s permanent address. There will be no charge for this card. Patrons must be present with a valid photo ID to renew their library card each year. Based on the consortium guidelines, if a person residing outside our service area but within the Panhandle of Texas wishes to have a Canyon Area Library card, the cost will be $15.00 per year. Confidentiality: We protect each library user's right to privacy and confidentiality with respect to information sought or received, and resources consulted, borrowed, acquired or transmitted. No records shall be made available to any agency of state, federal, or local government except pursuant to such process, order or subpoena as may be authorized under the authority of, and pursuant to, federal, state, or local law relating to civil, criminal, or administrative discovery procedures or legislative investigative power. Claims Returned: Only two claims returned will be allowed per library card. The third time a patron claims that they have returned something and we have no record of it being returned, the material will be considered lost by the patron. 04/2019 REGARDING ITEM 10 AGENDA To: Jon Behrens From: Brian Noel, Parks Director Date: May 13, 2019 Re: Consider and Take Appropriate Action on CAP Schedule and Rates We are entering our third year of operation at the CAP and hope to build upon the success we have had over the past two summers. We have made a few changes in the schedule and would like to make some changes related to admission charges. Staff believes that these changes will enable the CAP to continue to bring in additional guests. CAP 2018 Schedule The CAP will open on May 25, and will close on August 17. School will start on August 14, so the CAP will close on August 14, 15, 16, and Saturday August 17 will be the last day of operation. CAP Admission Changes Senior Rate $4.00 Guest 65 and older New in 2019 Open Swim Rate $2.00 New in 2019 Daily Rate Over Two $8.00 No Change Daily Rate Under Two Free No Change Open/Lap Swimming Times Mon-Thurs 8-9 AM & 6-7 PM New in 2019 Staffing In an effort to avoid overtime hours and possibly avoid staff burnout, we have expanded our staff for the 2018 season. The CAP will employ 42 lifeguards, 18 admissions workers and 17 concession workers. Staff recommends approval of the outlined admission charge changes. City of Canyon REGARDING ITEM 11 AGENDA To: Mayor and City Commission From: Jon Behrens, Interim City Manager Date: May 20, 2019 Re: Conduct First Public Hearing on Ordinance No. 1106, Annexing Property for Hillside Christian Church. Ordinance No. 1106 has been developed to annex the property owned by Hillside Christian Church for building their future church. You recently adopted the annexation calendar, and the first public hearing of 2 is scheduled for this meeting. No other action is required. The Annexation calendar is provided. Tonight we need to conduct the first public hearing on Ordinance No. 1106. City of Canyon  ORDINANCE NO. 1106 ANNEXING TERRITORY TO THE CITY OF CANYON Hillside Christian Church 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 3.21 ACRES 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; 1  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. (Description per instrument recorded under Clerk’s File No. 2018011633 of the Official Public Records of Randall County, Texas.) 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. 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 June 17, 2019. ___________________________________ 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 June, 2019, by GARY HINDERS, Mayor of the City of Canyon, Texas. ____________________________________________ Notary Public, State of Texas Commission Expires:__________________________ AFTER RECORDING RETURN TO: City of Canyon 301 16th Street Canyon, Texas 79015 3 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 REGARDING ITEM 14 AGENDA To: Mayor and City Commission From: Jon Behrens, Interim City Manager Date: May 20, 2019 Re: Consider and Take Appropriate Action on Meeting Dates for July, August and September 2019. We are working on the Budget Calendar and would like you to look at the calendar of proposed meeting dates and make note of your scheduled vacations, etc. As of now, we have discussed holding a “pre-budget” work session on June 3, which we have currently scheduled to begin at 3:00 pm. A 4:30 pm joint meeting with the Planning and Zoning Commission will follow the work session to discuss the Diagnostic Report from Freeze and Nichols. City of Canyon  MAY 2019 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 &LW\+DOO 28 29 30 31 &ORVHG  JUNE 2019 Sun Mon Tue Wed Thu Fri Sat 1 2 3 &&PHHWLQJ 4 5 6 7 8 EHJLQQLQJDW ZLWKSUHEXGJHW ZRUNVKRSDQG MRLQWPHHWLQJ ZLWK3 =DW  9 10 11 12 13 14 15 16 17 18 19 20 21 22 &&PHHWLQJ EHJLQQLQJDW  23/30 24 25 26 27 28 29  JULY 2019 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4&LW\+DOO 5 6 &LW\ &ORVHG &RPPLVVLRQ 0HHWLQJDW  7 8 9 10 11 12 13 14 15 16 17 18 19 20 &LW\ &RPPLVVLRQ 0HHWLQJDW  21 22 23 24 25 26 27 28 29 30 31  AUGUST 2019 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 &LW\ &RPPLVVLRQ 0HHWLQJDW  7 8 9 10 11 12 13 14 15 16 17 18 19 20 &LW\ &RPPLVVLRQ 0HHWLQJDW  21 22 23 24 25 26 27 28 29 30 31  SEPTEMBER 2019 Sun Mon Tue Wed Thu Fri Sat 1 2city hall 3 4 5 6 7 closed— Labor Day NO &LW\ &RPPLVVLRQ 0HHWLQJ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 &LW\ &RPPLVVLRQ 0HHWLQJDW  22 23 24 25 26 27 28 29 30