City of Canyon Commission Meetings

AGENDA NOTICE OF MEETING Notice is hereby given that the governing body of the City of Canyon will meet at 5:30 p.m. on the 19th day of May, 2014, 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. Approval of the Minutes of the Meeting of April 21, 2014. 4. Public Forum – Comments from Interested Citizens. 5. Consider and Take Appropriate Action on Gagestone Ridge No. 2, Replatting Lots 26 through 31, Block 1 of Gagestone Ridge Unit No. 1. 6. Consider and Take Appropriate Action Resolution No. 04-2014, A Resolution of the City Commission of the City of Canyon Prescribing Limitations on Parking or Standing Motor Vehicles or Trailers During Parades to be Held July 4, 2014 and October 4, 2014 in the City of Canyon. 7. Consider and Take Appropriate Action on Resolution No. 05-2014, A Resolution of the City Commission of the City of Canyon, Texas, Granting Exclusive Management Rights to the Canyon Chamber of Commerce Over Conner Park and Public Areas in and Around the Downtown Square During the Annual Fourth of July Celebration and the WTAMU Homecoming Fair on the Square. 8. Consider and Take Appropriate Action on Ordinance No. 1005, Proposed No Parking on 4th Avenue from 26th Street to 28th Street. 9. Executive Session Pursuant to Texas Government Code §551.072 Real Property. 10. Consider and Take Appropriate Action on Items Discussed in Executive Session. 11. Adjournment. Randy Criswell, City Manager I certify that the above Notice of Meeting was posted on the bulletin board of the Civic Complex of the City of Canyon, Texas on the 16th day of May, 2014. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting May 5, 2014 The City Commission of the City of Canyon met in regular session at 5:30 p.m. in the City Commission Chambers of the Civic Complex. Mayor Quinn Alexander presided over the meeting with the following Commissioners in attendance: Gary Hinders and David Logan. Mayor Pro-Tem Jed Welch and Commissioner Justin Richardson were unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Code Enforcement Director Danny Cornelius, Business and Community Development Director Evelyn Ecker, Director of Public Works Dan Reese, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:28 p.m. Item 2. Invocation. Commissioner Gary Hinders gave the invocation. Item 3. Approval of Minutes of the Meeting of April 21, 2014. Commissioner Hinders moved, duly seconded by Commissioner Logan, to approve the minutes of April 21, 2014. Motion carried unanimously. Item 4. Public Forum – Comments from Interested Citizens. No Comment was made. Item 5. Update from City Staff (Rockwell Road Well Field Project, City Hall Study, and Water Usage). City Manager Randy Criswell gave brief updates on the following. Mr. Criswell reported Rockwell Road Well Field was pumping water alternating 3 wells at a time pulling about 3 million gallons a day. Commissioner Hinders asked what the pumping range was; Mr. Criswell stated 250-400 gallons a minute with a total of 10 wells. Mr. Criswell said the last several days’ water usage is closer to 4 million a day. Mr. Criswell said with temperatures 90 and above the high usage is expected and the city would look at the drought contingency plan if needed in the future, but we were ok right now. Mr. Criswell stated staff would be meeting with Lavin Architects Tuesday May 6, specifically pertaining to the Fire Department. Mr. Criswell announced the City of Canyon just launched a new App. Mr. Criswell suggested everyone download the App and submit suggestions and comments. Mr. Criswell said you can reserve Parks facilities, pay your bill, pretty much anything you can do on the City of Canyon website. Mr. Criswell stated the he wants the city to stay current with the times. City Commission Meeting May 5, 2014 Page 2 of 3 Item 6. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 03-2014, A Resolution Approving a Project Funding Agreement Between the Canyon Economic Development Corporation and Canyon Main Street for Funding Year Two of the Comprehensive Marketing Plan for Canyon.. Business and Community Development Director presented Resolution No. 03-2014 for its final reading and adoption. Commissioner Logan moved, duly seconded by Commissioner Hinders to adopt Resolution No. 03-2014 as presented. Motion carried unanimously. RESOLUTION NO. 03-2014 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APRROVING A PROJECT FUNDING AGREEMENT BETWEEN THE CANYON ECONOMIC DEVELOPMENT CORPORATION AND CANYON MAIN STREET FOR FUNDING YEAR TWO OF THE COMPREHENSIVE MARKETING PLAN FOR CANYON. THE PLAN WOULD ENCOURAGE RETAIL SALES, HOTEL STAYS, AND GENERATE STATE AND LOCAL TAX REVENUE Item 7. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1004, Amending the Code of Ordinances of the City of Canyon, Chapter 156, Zoning Code, by Amending Section A.02 Terms, to Define Permanent Cosmetics, to Delete Permanent Cosmetics from the Definition of Tattoo, to Amend the Definition of Personal Services (Custom) to Include Permanent Cosmetics. Code Enforcement Director Danny Cornelius presented Ordinance No. 1004 for consideration. Mr. Cornelius said this issue came about as a result of La La’s Dream Shop applying permanent makeup. In the Zoning Ordinance as adopted in 1999, permanent makeup was included in the definition of a tattoo, which was an Adult Oriented Business. La La’s Dream Shop applied for a variance to the Ordinance, and the Zoning Board of Adjustment granted the variance, with discussion about the possibility of changing the ordinance. Mr. Cornelius explained that the issue was then taken before the Planning and Zoning Commission, and they agreed with the Zoning Board of Adjustment in their belief that it was outdated to consider permanent makeup in the same way as a tattoo parlor. Ordinance No. 1004 was recommended for adoption. Mayor Alexander opened the public hearing. There being no comment, Mayor Alexander closed the Public Hearing. After discussion, Commissioner Logan moved, duly seconded by Commissioner Hinders to adopt Ordinance No. 1004 as presented. Motion carried unanimously. ORDINANCE NO. 1004 Permanent Cosmetics AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF CANYON, CHAPTER 156, ZONING CODE, BY AMENDING SECTION A.02 TERMS, TO DEFINE PERMANENT COSMETICS; TO DELETE PERMANENT COSMETICS FROM THE DEFINITION OF TATTOO; TO AMEND THE DEFINITION OF PERSONAL SERVICES (CUSTOM) TO INCLUDE PERMANENT COSMETICS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. City Commission Meeting May 5, 2014 Page 3 of 3 Item 8. Executive Session Pursuant to Texas Government Code §551.072 Real Property. Mayor Alexander indicated the Commission would adjourn into executive session at 5:40 p.m. Item 9. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 6:05 pm, no action was taken Item 10. Adjournment There being no further business, Commissioner Hinders moved this meeting be adjourned. __________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary  AGENDA To: Mayor and City Commission From: Danny Cornelius, Director of Code Enforcement Date: May 13, 2014 Re: Consider and Take Appropriate Action on Gagestone Ridge No 2. Replatting lots 26 through 31, block 1 of Gagestone Ridge Unit No 1. We have received a plat from Josh Palmer for Gagestone Ridge Unit No. 2 to replat lots 26 through 31 of Gagestone Ridge Unit No 1. The plat establishes a 15’ front yard building setback line instead of 20’ as designated in Unit No. 1. It also enlarges the footprint for the structures shown on lots 27 through 31. These lots were zoned PD (Planned Development District) in order to build zero lot line homes. The Zoning Ordinance requires a footprint to establish side and rear yard setbacks in the PD district. The footprints shown in Unit No. 1 established varied setbacks, ranging from 10’ to 15’ east side yards and 10’ to 20’ rear yards. Unit No. 2 establishes 10’ east side yard and 10’ rear yard setbacks. As in Unit No. 1, the west side yards for lots 27 through 30 are zero lot line with a 5’ building maintenance and drainage easement. A copy of Gagestone Unit No. 1 and Gagestone Unit No. 2 are attached. Notices were sent to 4 property owners within 200 feet. We received 1 response in support of the request. The Planning and Zoning Commission voted unanimously to recommend approval of the plat for Gagestone Ridge Unit No. 2. City of Canyon  AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: May 19, 2014 Re: Consider and Take Appropriate Action on Resolution No. 04-2014, Prohibiting Parking Along Parade Routes on Designated Parade Days for 2014. Each summer, we adopt a Resolution that enacts Ordinance No. 892, which prohibits parking along designated parade routes on the two designated parade days. This year those days are July 4 and October 4. It is staff’s recommendation that Resolution No. 04-2014 be approved. City of Canyon  RESOLUTION NO. 04-2014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON PRESCRIBING LIMITATIONS ON PARKING OR STANDING MOTOR VEHICLES OR TRAILERS DURING PARADES TO BE HELD JULY 4, 2013, AND OCTOBER 4, 2014 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, 2014 and October 4, 2014, are designated as days upon which parades may be held in the City to celebrate Independence Day and WTAMU Homecoming. 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, 2014 and October 4, 2014 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 19, 2014. QUINN ALEXANDER, Mayor ATTEST: Gretchen Mercer, City Clerk (parking-ord-892.resolution)  AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: May 19, 2014 Re: Consider and Take Appropriate Action on Resolution No. 05-2014, Granting Exclusive Rights to the Canyon Chamber of Commerce for Management of Activities at Conner Park and the Downtown Square on July 4th and October 4th, 2014. Every year we adopt a Resolution giving the Chamber exclusive management rights for the activities at Conner Park and the Public areas around the Courthouse Square on the 4th of July and the Courthouse Square on the day of the Fair on the Square each October, which is October 4 this year. You may already know it, but the Chamber has decided not to have any organized activities at Conner Park. Everything will be occurring at Kimbrough Stadium. As a result, the language of the Resolution has been slightly modified compared to previous years, to say that the Chamber has management rights for Conner Park IF they choose to exercise those rights. Resolution No. 05-2014 has been prepared for that purpose. It is staff’s recommendation that Resolution No. 05-2014 be approved. City of Canyon  RESOLUTION NO. 05-2014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, GRANTING EXCLUSIVE MANAGEMENT RIGHTS TO THE CANYON CHAMBER OF COMMERCE OVER CONNER PARK AND PUBLIC AREAS IN AND AROUND THE DOWNTOWN SQUARE DURING THE ANNUAL FOURTH OF JULY CELEBRATION AND THE WTAMU HOMECOMING FAIR ON THE SQUARE. WHEREAS, Conner Park has been the location for the 4th of July Fireworks and celebration since 1909, and in 1978, Conner Park became the official venue for the Canyon Chamber of Commerce’s July 4th Celebration and hosted by the Canyon Chamber of Commerce to date; and WHEREAS, this patriotic holiday has become a popular event 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 the Chamber of Commerce Celebration 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 the 4th of July Celebration 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, 2014, and the WTAMU Homecoming Fair on the Square to be held October 4, 2014. PASSED AND APPROVED this 19th day of May 2014. QUINN ALEXANDER, MAYOR ATTEST: ____ Gretchen Mercer, City Clerk  AGENDA To: Canyon City Commission From: Dale Davis, Chief of Police Date: 05-14-2014 Re: Consider and Take Appropriate Action on Ordinance No. 1005, Proposed No Parking on 4th Avenue from 26th Street to 28th Street. Several months ago, the City of Canyon was approached by a resident living on the north side of the 2600 block of 4th avenue in reference to WTA&M students parking in front of his residence. Cars are parking too close to driveway openings, causing a significant safety issue for the residents backing onto 4th Avenue. Several times each semester police are notified about blocked or near blocked driveways along 4th avenue. To address these issues, a no parking ordinance has been brought before you for consideration. The ordinance would restrict parking along the 2600 and 2700 blocks of 4th avenue on the north side of the roadway. The restriction would be enforceable between the hours of 8:00 a.m. and 5:00 p.m., with the exception of Saturday, Sunday, and holidays. Questionnaires were sent out to each residence that would be affected by the new ordinance. There are six residences that would be affected by the parking restriction. Three questionnaires were returned. All supported the parking restriction ordinance. It is my recommendation that members of the Commission approve Ordinance 1005 to restrict parking on the north side of 4th avenue in the 2600 and 2700 blocks. Respectfully, Dale Davis Chief of Police City of Canyon  ORDINANCE NO. 1005 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, AMENDING CHAPTER 75: PARKING SCHEDULES, SCHEDULE LIMITED PARKING; ESTABLISHING LIMITED PARKING ON THE NORTH SIDE OF THE 2600 BLOCK OF FOURTH AVENUE AND THE NORTH SIDE OF THE 2700 BLOCK OF FOURTH AVENUE; FIXING A PENALTY FOR VIOLATION; AND PROVIDING 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 and to carry out the governmental powers delegated to and possessed by the City of Canyon; WHEREAS, the City Commission of the City of Canyon has determined that public safety requires the adoption of an ordinance to limit parking along the north side of 2600 and 2700 block of 4th Avenue located within the City limits and that such regulations should be enforced in the same manner as other regulations with the City of Canyon; NOW, THEREFORE; BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1.: Chapter 75: “Parking Schedules” Limited parking enforcement will be amended to “No parking between the hours of 8:00 a.m. and 5:00 p.m. daily, except Saturdays, Sundays and holidays in the following areas: 2600 block of 4th Ave North Side of Street 2700 block of 4th Ave North Side of Street SECTION 2.: It shall be unlawful for any person to permit a vehicle to be parked, or remain in any area as described above between the hours of 8:00 a.m. and 5:00 p.m. daily, except Saturdays, Sundays and holidays. SECTION 3.: Each violation of this Ordinance is hereby deemed to be a misdemeanor, and each person, firm, or corporation convicted of violation of any provision of this ordinance shall be punished by a fine of not less than Five Dollars ($5.00) nor more than Two Hundred Dollars (200.00). SECTION 4.: Severability. If any provision, 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 is adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of the unconstitutionality of any other portion or provision. SECTION 5.: This ordinance shall be effective on and after its adoption and publication as required by law. INTRODUCED, PASSED AND ADOPTED ON MAY 19, 2014. ______________________________ QUINN ALEXANDER, Mayor ATTEST: _______________________________ GRETCHEN MERCER, City Clerk