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 16th day of November, 2015, in the Commission Chambers of City Hall at 301 16th Street in the City of Canyon to discuss the following agenda items: 1. Call to Order. 2. Invocation. 3. Pledge of Allegiance. 4. Approval of the Minutes of the Meeting of November 2, 2015. 5. Public Comment – Comments from Interested Citizens. 6. Consider and Take Appropriate Action on Resolution No. 23-2015, A Resolution Canvassing the Returns and Declaring the Results of the Bond Election Held November 3, 2015. 7. Consider All Matters Related to the Issuance and Sale of City of Canyon, Texas, General Obligation Bonds for the Family Aquatic Center. 8. Consider and Take Appropriate Action on Canyon Family Aquatic Center Architectural & Engineering RFQ. 9. Consider and Take Appropriate Action on Bids Received for 5-Year Lease of the City Wastewater Treatment and Irrigation Facility (WWTIF; City Farm). 10. Hold Public Hearing and Consider and Take Appropriate Action on a Specific Use Permit Request by Skyway Towers, LLC to Construct a 120’ Telecommunications Tower at 2305 9th Ave. 11. Consider and Take Appropriate Action on Request by Lone Star Dairy Products, LLC to Vacate an Unused Portion of an Easement Crossing Property Owned by Lone Star, be Execution of a Quitclaim Deed. 12. Consider and Take Appropriate Action on Request from Bater Bates to Accept as a Donation the Lot Located at 21 Village Drive. 13. Executive Session Pursuant to Texas Government Code §551.074 Personnel: Appointments to Boards and Commissions (Planning and Zoning Commission; Zoning Board of Adjustment; Construction Advisory and Appeals Board; Board of City Development; Canyon Area Library Board; Main Street Advisory Board; and Canyon Housing Authority). 14. Consider and Take Appropriate Action on Items Discussed in Executive Session. 15. 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 13th day of November 2015. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting November 2, 2015 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 Alexander presided over the meeting with the following Commissioners in attendance: Mayor Pro-Tem Gary Hinders, Justin Richardson, and Joe Shehan. Commissioner David Logan was unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Director of Code Enforcement Danny Cornelius, Parks and Recreation Director Brian Noel, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:37 p.m. Item 2. Invocation. Commissioner Shehan gave the invocation. Item 3. Pledge of Allegiance. Scott Sims of Boy Scouts Troop 4 led the Pledge of Allegiance. Item 4. Approval of Minutes of the Meeting of October 19, 2015. Commissioner Shehan moved, duly seconded by Commissioner Richardson, to approve the minutes of October 19, 2015 as presented. Motion carried unanimously. Item 5. Public Forum – Comments from Interested Citizens. No comments were made. Item 6. Hold Public Hearing on Request to Nominate Lone Star Dairy Products, LLC as an Enterprise Project Zone Program; Consider and Take Appropriate Action Upon Nomination for the Texas Enterprise Program by Adoption of Ordinance No. 1030. City Attorney Chuck Hester presented Ordinance No. 1030 for consideration. Mr. Hester said the adoption of Ordinance No. 1030 would be the last piece of the financial package for Lone Star Dairy Products, LLC. by nominating them as a qualified business to participate in the Texas Enterprise Program. Mr. Hester stated the financial incentive will not cost the City of Canyon anything in that it provides a tax break at the state level. Mayor Alexander opened the public hearing. There being no comment, Mayor Alexander closed the public hearing. After discussion, Commissioner Shehan moved, duly seconded by Commissioner Hinders to Ordinance No. 1030 as presented. Motion carried unanimously. City Commission Meeting November 2, 2015 Page 2 of 3 Ordinance No. 1030 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, ORDAINING THE CITY’S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING LONE STAR DAIRY PRODUCTS LLC TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) AS AN ENTERPRISE PROJECT (PROJECT). Item 7. Consider and Take Appropriate Action on an Update of Repairs to a Substandard Structure at 1615 4th Avenue. Code Enforcement Director Danny Cornelius presented a progress report of the continued repairs of the substandard structure located at 1615 4th Ave. Mr. Cornelius said he had some concerns about a roof extension they had been started without a permit. Mr. Cornelius said a permit had since been retained as well as a requested engineering drawing. Mr. Cornelius said the repairs were moving at a very slow pace but the Mrs. Sarah Brent had been very cooperative. Mayor Alexander asked if a contractor had been employed or if the repairs were being made by the owner. Mrs. Brent said most repairs had been done by them, but she would probably employ someone to finish the back extension and complete the front. Mayor Alexander stated with the repairs begging in December 2014, did Mrs. Brent feel they could be totally finished with the project by the end of 2015. Mrs. Brent said yes. After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Richardson to allow repairs to continue with completion and a final update of the completion of all repairs in 90 days. Motion carried unanimously. Item 8. Consider and Take Appropriate Action on Selection of Meeting Dates for the Months of December, January, and February. After discussion, Commissioners decided to meet on the normal meeting dates in December; December 7 and December 21, 2015; and to meet January 4, 2016 and February 1, 2016. Item 9. Executive Session Pursuant to Texas Government Code, §551.074 Personnel: Appointments to Boards and Commissioner (Planning and Zoning Commission; Zoning Board of Adjustment; Construction Advisory and Appeals Board; Board of City Development; Canyon Area Library Board; Main Street Advisory Board; and Canyon Housing Authority). Mayor Alexander indicated the Commission would adjourn into executive session at 5:54 pm. Item 10. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 6:21 pm, No Action was taken. City Commission Meeting November 2, 2015 Page 3 of 3 Item 11. Adjournment There being no further business, Mayor Pro-Tem Hinders moved this meeting be adjourned. ______________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary REGARDING ITEM 6 AGENDA To: Mayor and City Commission From: Gretchen Mercer, City Secretary Date: November 10, 2015 Re: Consider and Take Appropriate Action on Resolution No. 23-2015 Canvassing the Returns and Declaring the Results of Bond Election Held November 3, 2015 _______________________________________________________________________ The Election for the Proposition of the Issuance of $6,000,000 General Obligation Bonds for Constructing and Equipping an Aquatic Center and the Levy of a Tax In Payment Thereof passed with a majority vote. The vote passed with a fairly good showing from the registered voters in the city. There are approximately 7600 registered voters in the City of Canyon with the unofficial numbers being a total of 1460 casting their votes; 785 FOR and 675 AGAINST. As of the writing of this memo, I have not received the official final count from the Randall County Elections Administration. I will have the Official Canvas Report Monday night as provided by Randall County Elections Administration that show how the votes were cast broken down into absentee voting, early voting, Election Day voting and provisional voting. It is staff’s recommendation that Resolution 23-2015 be adopted City of Canyon  RESOLUTION NO. 23-2015 A RESOLUTION canvassing the returns and declaring the results of the bond election held November 3, 2015. WHEREAS, an election was held in the City of Canyon, Texas on the 3rd day of November, 2015, for the purpose of submitting a certain proposition for the issuance of bonds to the resident electors of the City; and WHEREAS, it is hereby found and determined that notice of the election was duly given in the form, manner and time required by law, and said election was in all respects legally held and conducted in accordance with applicable laws of the State of Texas and the proceedings calling and governing the holding of such election; and WHEREAS, the returns of said election have been duly and legally made and submitted to the City Commission for canvassing, and a tabulation of the returns for the polling place and for early voting, as canvassed and tabulated by this governing body and shown in Exhibit A attached hereto, reflect that the total sum of votes counted "FOR" and "AGAINST" the proposition submitted is as follows: BOND PROPOSITION "THE ISSUANCE OF $6,000,000 GENERAL OBLIGATION BONDS FOR CONSTRUCTING AND EQUIPPING AN AQUATIC CENTER AND THE LEVY OF A TAX IN PAYMENT THEREOF" "FOR" 786 votes "AGAINST" 675 votes THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1: All of the recitals contained in the preamble of this resolution are found to be true and are adopted as findings of fact by this governing body and as part of its judgment. SECTION 2: It is further found and determined that the results of the election are as canvassed and tabulated in the preamble hereof and in Exhibit A attached hereto, and a majority of the electors voting at said election having voted in favor of the proposition; the City Commission is hereby declared to be authorized and empowered to issue bonds of the City in the amount and for the purposes stated in said proposition; as more fully set forth and identified above and in the proceedings calling said bond election. SECTION 3: The City Clerk is hereby authorized and directed to make the appropriate entries of information appearing in the tabulation of precinct results shown in Exhibit A attached hereto in the election register maintained by the City in accordance with provisions of Section 67.006 of the Election Code. 35495553.1/11508118  PASSED AND APPROVED, this the 16th day of November, 2015. CITY OF CANYON, TEXAS _________________________________ QUINN ALEXANDER, Mayor ATTEST: _________________________________ Gretchen Mercer, City Clerk (City Seal) 35495553.1/11508118 A-1 Resolution No. 23-2015 Exhibit A REGARDING ITEM 7 AGENDA To: Mayor and City Commission From: Chris Sharp, Assistant City Manager Date: November 10, 2015 Re: Consider All Matters Related to the Issuance and Sale of City of Canyon, Texas, General Obligation Bonds for the Family Aquatic Center. With the passing of the bond election earlier this month, staff is asking for authorization to move forward with the necessary steps in issuing the general obligation bonds for the Family Aquatic Center. Staff will work with Jason Hughes with First Southwest to determine dates of sale and to complete required and pertinent paperwork to get this process started. It is staff’s recommendation that the Commission authorizes staff to initiate the necessary steps of issuing the General Obligation Bonds for the Family Aquatic Center. City of Canyon REGARDING ITEM 8 AGENDA To: Mayor and City Commission From: Jon Behrens, Assistant City Manager for Special Projects Date: November 16, 2016 Re: Consider and Take Appropriate Action on Canyon Family Aquatic Center Architectural & Engineering RFQ In order to move forward, after the recent Family Aquatic Center bond election, it is now appropriate to issue a Request for Qualifications (RFQ) for architectural and engineering services for the project. This RFQ will seek professionals to:  Finalize the design program and conceptual design  Create the schematic design  Develop construction documents  Provide bidding phase services  Provide contract administration and construction services I have outlined a tentative schedule which will enable the facility to open in June 2017. November 16 City Commission approval to proceed with project November 17 Emails and letters mailed to previous RFQ group Notice sent to Canyon News for publication December 9 RFQ deadline December 10 Review, ranking, selection, and notification follows immediately December 15 City Manager negotiates with selected firm Prior to 25 City Manager signs contract and authorization to proceed given January 2016 Survey and Geo-tech Report completed February Design development – 60 days April Construction documents – 60 days June Advertise for bids July/August Receive bids, award contracts, and begin construction April Punch list and project closeout May Pool completed and prepared for opening Our tentative schedule, which will allow for a June 2017 facility opening, requires that we move through this selection process quickly. It is our goal to provide the selected firm with as much time as possible for design and construction of the facility. I believe that this aggressive schedule will enable us to meet our deadline and provide some room for weather delays. At this time it is my recommendation that we issue the RFQ for Architectural and Engineering Services on November 17. I would also like to request that the City Manager be granted the authority to accept the recommended firm, begin immediate contract negotiations with said firm, and be authorized to sign the contract once it is negotiated. City of Canyon FAMILY AQUATIC CENTER STUDY PUBLIC NOTICE The City of Canyon is seeking to engage an Architectural/Engineering firm to: To provide design and construction services for a new outdoor family aquatic facility and associated site improvements. Any such services obtained will be procured pursuant to Chapter 2254, Subchapter A of the Texas Government Code, and 43 T.A.C. §§ 9.30 – 9.40. Project Specifications may be obtained from the City by contacting Jon Behrens (806‐655‐5000) at City Hall. Deadline for submissions is December 9, 2015, at 4 p.m. CST. Three hard copies and one electronic copy of qualifications should be delivered to: RFQ for Canyon Aquatic Facility City of Canyon Jon Behrens – Assistant City Manager for SP 301 16th Street Canyon, TX 79015 REGARDING ITEM 9 AGENDA To: Randy Criswell, City Manager From: Dan Reese, Public Works Director Date: November 11, 2015 Re: Consider and Take Appropriate Action on Bids Received for 5-year Lease of the City Wastewater Treatment and Irrigation Facility (WWTIF; City Farm). Bids were received and opened yesterday, November 10, 2015, for the next 5-year lease of the City’s Wastewater Treatment and Irrigation Facility, referred to as the City Farm. Packets were prepared and sent to eight bidders and three (3) bids were received. The yearly bids ranged from a little over $37,000 to $42,000 per year, for the roughly 1920 gross acres. Using the high bid, this translates to approximately $22 per acre, per year. We have interviewed the high bidder, Darren Johnson, and believe that all of our requirements in a tenant will be satisfied by having Mr. Johnson as our Lessee. In the past, we’ve not really considered money being an object when it comes to this award recommendation, and have sought out the best tenant. This time, we believe that any of the three bidders would make good tenants, and have to turn to the economics to make the recommendation. Highest bid wins. We have attached a copy of the bid tabulation sheet for your information. The Public Works Department recommends award of the next five year lease of the City WWTIF to Darren Johnson of Happy, and that the City will receive the total lease amount of $ 210,000. City of Canyon BID TABULATION SHEET Wastewater Treatment and Irrigation Facility (Farm) Lease - 2015 City of Canyon Tuesday, November 10, 2015 – 2:00 p.m. Bidder Yearly Bid Total Amount Bid Wade Davis $ 38,560.00 $ 192,800.00 Canyon, TX Darren Johnson $ 42,000.00 $ 210,000.00 Happy, TX Scott Avent $ 33,571.00 $ 167,855.00 Canyon, TX REGARDING ITEM 10 AGENDA To: Mayor and City Commission From: Danny Cornelius, Director of Code Enforcement Date: November 10, 2015 Re: Hold Public Hearing and Consider and Take Appropriate Action on a Specific Use Permit Request by Skyway Towers, LLC to Construct a 120’ Telecommunications Tower at 2305 9th Ave. Skyway Towers, LLC has submitted a Specific Use Permit application to construct a 120’ telecommunications tower with a 10’ lightning rod at 2305 9th Ave. The property is located in the RC-2 (Commercial) Zoning District. Table 1-1, Summary Use Chart, of the City of Canyon Zoning Ordinance states that an antenna over 40 feet (commercial, radio, television, relay, cellular or microwave) may be allowed with a Specific Use Permit in any zoning district. Letters were sent to 9 property owners within 200 feet. One response was received. It was in opposition to the request. The Planning and Zoning Commission voted unanimously to recommend approval of the request. City of Canyon REGARDING ITEM 11 AGENDA To: Mayor and City Commission From: Chuck Hester, City Attorney Date: November 9, 2015 Re: Consider and Take Appropriate Action on request by Lone Star Dairy Products, LLC to Vacate an Unused Portion of an Easement Crossing Property Owned by Lone Star, by Execution of a Quitclaim Deed. ________________________________________________________________________ Randy received a request from the title company handling the Lone Star transaction to vacate an unused portion of an easement crossing the Lone Star property, depicted on a plat approved by the City of Canyon. We considered plat approval to vacate the unused easement, however, the title company feels more comfortable with a recorded Quitclaim Deed. The waterline was relocated and the description attached to the Quitclaim Deed which follows was prepared to describe only the unused portion of the easement. It is my recommendation that the execution and delivery of the Quitclaim Deed be approved and that the commission authorize the City Manager to sign on behalf of the City of Canyon. City of Canyon NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. QUITCLAIM DEED Date: November 16, 2015 Grantor: CITY OF CANYON, a Texas home rule municipality in Randall County, Texas Grantor's Mailing Address (include county) 301 16th Street Canyon, Randall County, Texas 79015 Grantee: LONE STAR DAIRY PRODUCTS LLC, A Delaware Limited Liability Company Grantee's Mailing Address (include county) P. O. Box 1676 Canyon, Randall County, Texas 79015 Consideration: TEN AND NO/100 ($10.00) DOLLARS cash and other good and valuable consideration to Grantor paid, and secured to be paid by Grantee, the receipt of which is hereby acknowledged and confessed. Property (including any improvements): A portion of an easement abandoned by Grantor described in Exhibit “A” attached hereto and incorporated herein by reference for all purposes. For the Consideration, Grantor quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor nor Grantor's heirs, successors, or assigns will have, claim, or demand any right or title to the Property or any part of same. QUITCLAIM DEED -1-  When the context requires, singular nouns and pronouns include the plural. CITY OF CANYON TEXAS By: RANDY CRISWELL, City Manager ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF RANDALL § This instrument was acknowledged before me on the ______ day of November, 2015, by RANDY CRISWELL, the City Manager of the City of Canyon, Texas, a Texas home rule municipality in Randall County, Texas, on behalf of such municipality. Notary Public, State of Texas Printed Name of Notary: _____________________ My Commission Expires: ________________________ (SEAL) AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: Hester, McGlasson & Cox HESTER, McGLASSON & COX 1507 Fourth Avenue 1507 Fourth Avenue Canyon, Texas 79015 Canyon, Texas 79015 QUITCLAIM DEED -2-  REGARDING ITEM 12 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: November 16, 2015 Re: Consider and Take Appropriate Action on Request from Bater Bates to Accept as a Donation the Lot Located at 21 Village Drive. We’ve been approached by the owner of the lot at 21 Village Drive to accept the lot as a donation. This is one of two lots on the west side of Village, just south of Hunsley Hills Boulevard. We already own one of the lots as shown on the attached drawing, and this lot is adjacent to the south. The lot has been maintained by the City for as long as we can remember. The previous owner is deceased, and his heirs do not want the lot. The lot is located in the floodway, and is unsuitable for construction of any kind. No structure can be built there, so the lot is basically worthless. He has asked if the City would accept the lot as a donation. I told him I would place it on the Agenda for your consideration. According to PRAD, the value of the lot is $500. In staff’s opinion, it is best for the City to own properties such as this, so there’s no issues with the lot being bought or sold by or to someone who thinks they can build on it. My recommendation is to accept the lot as a donation, and direct staff to proceed with the steps necessary to complete this transaction. City of Canyon Map Data displayed were gathered 11/11/15 18:30 by the City of Canyon for municipal purposes. No guarantee is made regarding suitability for any other use or purpose.