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City of Canyon Commission Meetings

Regular Meeting

Canyon, TX · May 2, 2016

AgendaMinutes

Minutes

City Commission Meeting May 2, 2016 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, Joseph Shehan, and David Logan. Commissioner Justin Richardson was unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Assistant City Manager for Special Projects Jon Behrens, Director of Public Works Dan Reese, Director of Code Enforcement Danny Cornelius, Community and Business Development Director Evelyn Ecker, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:36 p.m. Item 2. Invocation. Commissioner Logan gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Public Works Director Dan Reese. Item 4. Approval of Minutes of the Meeting of April 18, 2016. Commissioner Logan moved, duly seconded by Mayor Pro-Tem Hinders, to approve the minutes of April 18, 2016 as presented. Motion carried unanimously. Item 5. Public Comment– Comments from Interested Citizens. No public comment was made. Item 6. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 06-2016, Considering Direct Financial Assistance for a Project Located at 1206 23rd Street, Canyon, Texas, West Texas Western Store. Business and Community Development Director Evelyn Ecker presented Resolution No. 06-2016 for its second and final reading. After discussion, Commissioner Logan moved duly seconded by Commissioner Shehan to adopt Resolution No. 06-2016 as presented. Motion carried unanimously. RESOLUTION NO. 06-2016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN WEST TEXAS WESTERN STORE AND CANYON ECONOMIC DEVELOPMENT CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE FOR A City Commission Meeting May 2, 2016 Page 2 of 3 PROJECT LOCATED AT 1206 23RD STREET, CANYON, TEXAS. THE FUNDING IS BASED ON EXISTING BUSINESS RETENTION. Item 7. Consider and Take Appropriate Action Approval of Recommendation from the Parks, Open Space, and Recreational Advisory Committee Regarding the Amphitheater at Neblett Park. City Manager Randy Criswell presented Ordinance No. 1034 to be considered for the designation and naming of the downtown park on the south half of the 1500 block of 6th Avenue. The southwest corner of this property has been historically referred to as a park, and this Ordinance would formally dedicate and name the park. Mr. Criswell said the Parks, Open Space and Recreational Advisory Committee recommended the name Neblett Park based on the historical importance of the Neblett Clinic, which eventually became Neblett Hospital, Canyon’s first significant medical facility. Assistant City Manager Jon Behrens said he had participated in the Parks Board meetings and they proposed a historical marker at the park honoring Dr. Neblett. Mr. Behrens said the Parks Board proposed the marker be placed in a wall constructed from bricks saved from the clinic when it was demolished. After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Shehan to adopt Ordinance No. 1034 as presented and as recommended by the Parks, Open Space and Recreational Advisory Committee. Motion carried unanimously. ORDINANCE NO. 1034 AN ORIDNANCE OF THE CITY OF CANYON, TEXAS, DESIGNATING AN AREA CONSISTING OF 6,925 SQUARE FEET, BEING A PART OF LOTS 11, 12, 13 AND 14, BLOCK 50 ORIGINAL TOWN OF CANYON AS A NEIGHBORHOOD PARK, DEDICATING THE SAME FOR RECREATION, PLAYGROUND OR OPEN SPACE USE AND PROVIDING THAT THE NEIGHBORHOOD PARK SO DEDICATED SHALL BE KNOWN AS “NEBLETT PARK”. Item 8. Consider and Take Appropriate Action Approval of Recommendation from the Parks, Open Space, and Recreational Advisory Committee Regarding the Amphitheater at Neblett Park. City Manager Randy Criswell re-introduced this item, since no decision was made at the last meeting with regard to the recommendation from the Parks Committee pertaining to the banner and medallion that would be on the facility. He advised that a decision needs to be made now, so that the pre-fabrication can be completed on the entire order, as opposed to retrofitting something later. Mr. Criswell stated it was the recommendation of the Parks, Open Space and Recreational Advisory Committee to put a banner with “Neblett Park” on it and a medallion above that with the logo of Amarillo National Bank, recognizing their $100,000 donation which makes this facility and the completion of the downtown park possible. Mayor Pro-Tem Hinders stated it was his opinion that putting the logo of Amarillo National Bank was advertising for them and not appropriate. Commissioner Logan stated he felt it was very appropriate to put the Amarillo National Bank logo on the medallion since they paid for the amphitheater and more, and that there were business logos all over town due to donations. It was discussed this was customary when money was City Commission Meeting May 2, 2016 Page 3 of 3 donated to a foundation or 501(c)3, but not directly to a city. Mayor Alexander asked if there was any kind of policy dealing with large donations. Mr. Criswell stated there was not, because there had never been a need for one, but that he and Mr. Behrens had discussed the possible development of a policy of that type, and Mr. Behrens had begun researching the topic. After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Shehan, to include a banner with “Neblett Park” and a medallion with a circle around the letter “A” to match the “Neblett Park”, all of the same color, and place a plaque on the amphitheater honoring Amarillo National Bank for their donation. In further discussion, it was confirmed that the letter “A” would not be the logo “bug” used by Amarillo National Bank, but a regular “A”. Motion failed in a tie vote with Mayor Pro-Tem Hinders and Commissioner Shehan voting for and Mayor Alexander and Commissioner Logan voting against. After further discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Logan to include a banner with “Neblett Park” and a medallion with the Amarillo National Bank logo on the amphitheater with both being the same color and a plaque honoring Amarillo National Bank’s donation. Motion carried unanimously. Item 9. Executive Session Pursuant to Texas Government Code, §551.071 Consultation with Attorney; §551.074 Personnel, Appointments to Boards and Commissions (Planning and Zoning Commission), §552.072 Real Property and §551.087 Economic Development. Mayor Alexander indicated the Commission would adjourn into executive session at 6:21 pm. Item 10. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 7:45 pm, the following action was taken. Commissioner Shehan moved to appoint Laurie Sharp to the Planning and Zoning Commissioner fulfilling the vacated term of Kent Meyer. Motion carried unanimously. 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

Agenda

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 2nd day of May 2016, 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 April 18, 2016. 5. Public Comment – Comments from Interested Citizens. 6. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 06-2016, Considering Direct Financial Assistance for a Project Located at 1206 23rd Street, Canyon, Texas, West Texas Western Store. 7. Consider and Take Appropriate Action on Ordinance No. 1034, Resulting from a Recommendation from the Parks, Open Space, and Recreational Advisory Committee, Dedicating a Downtown Park and Designating the Name as Neblett Park. 8. Consider and Take Appropriate Action on Approval of Recommendation from the Parks, Open Space, and Recreational Advisory Committee Regarding the Amphitheater at Neblett Park. 9. Executive Session Pursuant to Texas Government Code §551.071 Consultation with Attorney, §551.074 Personnel, Appointments to Boards and Commissions (Planning and Zoning Commission), §551.072 Real Property and §551.087 Economic Development. 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 29th day of April 2016. Gretchen Mercer, City Clerk City of Canyon CITY MANAGER’S EXECUTIVE SUMMARY OF AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: May 2, 2016 Re: Executive Summary of Agenda Packet for May 2, 2016 Item Number 6 Second Reading and Approval of Resolution No. 06-2016, Adopting a Funding Agreement for West Texas Western Store. This item will be presented by Evelyn Ecker. As has been discussed, the EDC is providing $40,000 to West Texas Western Store for building exterior and sign improvements. Tonight’s action is the Second Reading, and Adoption of the Resolution. I concur with the recommendation to adopt Resolution Number 06-2016. Item Number 7 This item pertains to the dedication and naming of Neblett Park, which is a recommendation from the Parks Committee. I think my memo fully covers any questions you may have. I am in concurrence with the recommendation from the Parks Committee to Adopt Ordinance No. 1034, which both dedicates and names Neblett Park. Item Number 8 This item pertains to the amphitheater at Neblett Park, assuming you adopt Ordinance No. 1034 and the park does finally receive a dedication and name. The remaining action is to determine the design of the banner and medallion, if any. Why is this back on the agenda this quickly? Because we have to know what the banner and emblem will be (or if nothing, then we need to know that), because all of this structure is pre-fabricated and powder coated. If we’re going to put a banner and medallion on this structure, we have to make the decision now, so everything can be fabricated, holes in the right places, make sure it all fits, etc, and then powder coated prior to delivery, so then it’s just a bolt together project. We don’t want to come back later and try to retro-fit something. It needs to be fabricated with the structure now. So that’s why this item is on the agenda again. A decision needs to be made. Just as a reminder (and I’m not sure all of you were here or were even in office when this was done), but last May, you voted to accept this gift and direct the Parks Committee to determine what would be done with it, and bring you a recommendation. Their recommendation has been provided, and was not taken lightly. That’s why we’re here a year later making the recommendation. In fact, the discussion last May included the desire to recognize and honor Amarillo National Bank, and their logo was mentioned in the conversation. I still believe the Parks Committee’s recommendation should be accepted. However, the decision lies with the City Commission. Staff will need to be directed to proceed in whatever manner the City Commission approves. City of Canyon CITY MANAGER’S EXECUTIVE SUMMARY OF AGENDA As a side note, I have directed Jon to start working on researching what cities have as far as gift acceptance policies, since that was also brought up, and I think it’s a good idea. However, we don’t have time to wait on that for this decision Item Number 9 We will go into Executive Session for several items. City of Canyon City Commission Meeting April 18, 2016 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, Joseph Shehan, and Justin Richardson. Commissioner David Logan was unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, Assistant City Manager for Special Projects Jon Behrens, Director of Public Works Dan Reese, Director of Code Enforcement Danny Cornelius, Community and Business Development Director Evelyn Ecker, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:34 p.m. Item 2. Invocation. Commissioner Logan gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Rece Davis and Savannah Miller, fourth grade students at Reeves-Hinger. Item 4. Approval of Minutes of the Meeting of April 4, 2016. Commissioner Shehan moved, duly seconded by Mayor Pro-Tem Hinders, to approve the minutes of April 4, 2016 as presented. Motion carried unanimously. Item 5. Public Comment– Comments from Interested Citizens. No public comment was made. Item 6. First Reading of Resolution No. 06-2016, Considering Direct Financial Assistance for a Project Located at 1206 23rd Street, Canyon, Texas, West Texas Western Store. Business and Community Development Director Evelyn Ecker presented Resolution No. 06-2016 for its first required reading. Ms. Ecker stated West Texas Western Store has requested assistance for an exterior facelift. Ms. Ecker stated six windows would open up, a covered porch and lighting would be added to the south end, and stone and rough cedar would be added to the building face, among other things, including sign upgrades. Ms. Ecker stated the Canyon Economic Development Corporation met March 18, 2016 and approved the funding request unanimously. No action is required for the first reading. City Commission Meeting April 18, 2016 Page 2 of 3 RESOLUTION NO. 06-2016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN WEST TEXAS WESTERN STORE AND CANYON ECONOMIC DEVELOPMENT CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE FOR A PROJECT LOCATED AT 1206 23RD STREET, CANYON, TEXAS. THE FUNDING IS BASED ON EXISTING BUSINESS RETENTION. Item 7. Consider and Take Appropriate Action on Quarterly Finance Report by Finance Director Chris Sharp. Assistant City Manager Chris Sharp presented the Quarterly Finance Report. After discussion Commissioner Richardson moved, duly seconded by Commissioner Shehan to approve the Quarterly Finance Report as presented. Motion carried unanimously. Item 8. Consider and Take Appropriate Action on Quarterly Investment Report by Finance Director Chris Sharp. Assistant City Manager Chris Sharp presented the Quarterly Investment Report. After discussion Commissioner Shehan moved, duly seconded by Commissioner Richardson, to approve the Quarterly Investment Report as presented. Motion carried unanimously. Item 9. Consider and Take Appropriate Action on an Interlocal Governmental Agreement with WTAMU Regarding Sealcoating Services – 2016. Director of Public Works Dan Reese presented an Interlocal Agreement with WTAMU for sealcoating services. Mr. Reese said WTAMU approached Brandt Engineers inquiring about the possibility of doing some sealcoating on campus with the City of Canyon’s scheduled sealcoating. Mr. Reese said the City of Canyon has done this in the past by executing an Interlocal Agreement with WTAMU. Mr. Reese said Brandt Engineers prepared separate billing for the addition of WTAMU sealcoating with engineering fees as requested for a cost of $36,000. After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Mayor Alexander to approve the Interlocal Governmental Agreement with WTAMU for Sealcoating service as presented. Motion carried unanimously. Item 10 . Consider and Take Appropriate Action on Approval of Recommendation from the Parks, Recreation and Open Space Committee on Design, Purchase and Construction of the Amphitheater to be Located Adjacent to the Downtown Parking Lot on 6th Ave. Parks, Recreation and Open Space Director Brian Noel presented concepts approved by the Canyon Parks and Open Space Committee during their meeting November 12, 2015. Mr. Noel said the proposed concept included landscaping and a 40X25 amphitheater to match the other pavilions recently constructed. A copy of the design was provided to the Commissioners for review. Commissioner Hinders expressed concern about putting a company’s logo on a city facility. Commissioners asked if there could be a plaque recognizing ANB for the $100,000 gift City Commission Meeting April 18, 2016 Page 3 of 3 instead of having their logo on the building. There was discussion on the potential need for an official policy for monetary gifts and recognizing the donor. After discussion, Commissioner Shehan moved, duly seconded by Commissioner Richardson to approve the Recommendation from the Parks, Recreation and Open Space Committee for the Design, Purchase and Construction of the Amphitheater for $75,515.00, with the design of the banner and medallion on the building to be considered at a later date. Motion carried unanimously. Item 11. Executive Session Pursuant to Texas Government Code, §551.071 Consultation with Attorney; and §552.072 Real Property. Mayor Alexander indicated the Commission would adjourn into executive session at 6:07 pm. Item 12. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 7:19 pm, no action was taken. Item 13. 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: Randy Criswell, City Manager From: Evelyn Ecker, Executive Director Canyon Economic Development Corp. Date: April 27, 2016 Re: Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 06-2016 Considering Direct Financial Assistance for a Project Located at 1206 23rd Street, Canyon Texas, West Texas Western Store. The Canyon Economic Development Corporation (CEDC) approved a funding request from West Texas Western Store, Inc. during the March 18th, 2016 board meeting. The request is for Direct Financial Assistance regarding a project of improvements and renovations to the West Texas Western Store property located at 1206 23rd Street. The first reading of Resolution No. 06-2016 was held Monday, April 18, 2016. This is the second and final reading of Resolution No. 06-2016. It is the recommendation of staff to adopt the Resolution. City of Canyon CANYON ECONOMIC DEVELOPMENT CORPORATION PROJECT FUNDING AGREEMENT WEST TEXAS WESTERN STORE, INC. This agreement is made by and between the Canyon Economic Development Corporation (CEDC), a Texas non-profit corporation duly organized and existing pursuant to the TEXAS DEVELOPMENT CORPORATION ACT and West Texas Western Store, Inc., a Texas Corporation (hereinafter referred to as “Second Party.”) 1. The purpose of this agreement is to facilitate the proper use of funds held and administered by the CEDC, a tax supported non-profit corporation whose primary income is from sales tax collected within the City of Canyon and dedicated exclusively to economic development. The sales tax supporting CEDC is authorized as a local option under Chapter 505 TEX. LOC. GOV’T CODE, formerly TEX. REV. CIV. STAT. ART. 5190.6 §4B, the primary purpose of which is the developing, stabilizing, diversifying, and expanding the economy through the retention, recruitment, expansion, and employment opportunities of the citizens of Canyon and the surrounding area and to enhance the quality of life of the citizens of Canyon and the surrounding area. 2. The project and performance requirements to be implemented by means of this agreement are described as follows: a. Second Party shall construct improvements to the property located at 1206 23rd Street, Canyon Texas. The exterior of the building will be completely renovated, including new signage on building as well as new signage with two faces LED message center constructed on a monument style signage aligned with 23rd Street. b. The improvements contemplated by this agreement shall be constructed in accordance with written plans and specifications and approved by CEDC. c. The estimated time of completion for the renovation is twelve (12). d. Second Party will remain in business for a period of five (5) years from the date of funding. e. Second Party will retain ownership of the property with improvements for five (5) years from the date of funding. 3. The CEDC will provide the following funding and financial incentives for the project: a. An amount, not to exceed $40,000.00 payable as follows: reimbursement will occur quarterly during the renovation phase. Reimbursement will be made when invoice for supplies and labor cost are presented. Page 1 b. All other terms and provisions of this agreement notwithstanding, the obligations of the parties hereto are expressly made contingent upon the following: i. approval of the financial incentives by the CEDC Board; ii. approval of the financial incentives by the Canyon City Commission; and, iii. compliance with the requirements of the Texas Development Corporation Act. 4. The failure of Second Party to fully and timely comply with any performance requirement shall be an act of default by Second Party which shall entitle the CEDC to suspend further funding and, at its option, to terminate this agreement by written notice delivered pursuant to paragraph 9. In such event, all financial incentives provided by CEDC to Second Party shall be repaid to CEDC upon demand. 5. Second Party agrees to undertake the following actions in order to accomplish the project: a. Comply at all times with the requirements of paragraph 2 of this agreement during the term of this agreement. b. Permit periodic inspection of improvements to the building at 1206 23rd Street, Canyon, Texas as remodeling work progresses and as Second Party Submits invoices and/or statements to CEDC for payment. 6. Second Party makes the following covenants and warranties to the CEDC and agrees to timely and fully perform the following obligations and duties: a. Any false or substantially misleading statement contained herein or the failure of Second Party to comply and fully perform as required in this agreement shall be an act of default by Second Party. Failure to comply with any covenant or warranties shall constitute an act of default and entitle the CEDC to suspend further funding and at its option to terminate this agreement by written notice in accordance with paragraph 9 below. b. Second Party is authorized to do business in Texas, is in good standing in the State of Texas and shall remain in good standing in the State of Texas during the term of this agreement. c. The execution of this agreement has been duly authorized by the governing body of Second Party and all necessary corporate approvals have been obtained. Second Party’s designated agent or officer executing this agreement is duly authorized and empowered to execute this agreement and bind Second Party to the covenants, warranties and other terms of this agreement. Second Party’s execution of this agreement and the performance thereof is not contrary to any law, rule, regulation, or provisions of Second Party’s organizational documents or any contract, instrument, or agreement to which Second Party is a party or by which it may be bound at the time this agreement is executed. The necessary authority for the agent whose signature that appears below is evidenced by a resolution or certificate furnished to CEDC or attached to this agreement. Page 2 d. No litigation or governmental proceeding is pending or to the knowledge of Second Party is contemplated or threatened against Second Party or affecting it’s operations or business that may result in any material or adverse change in Second Party’s business, properties, or operations. To Second Party’s knowledge, no additional consent, approval, or authorization of a governmental entity or other authority is required in connection with the execution and performance of this agreement or the transactions contemplated hereby. e. To Second Party’s knowledge no certificate or statement delivered by Second Party to CEDC in connection with this agreement or any transaction contemplated by this agreement contains any untrue statement or fails to state the facts necessary to keep the statements contained therein from being misleading or false. f. There are no bankruptcy proceedings or other legal proceedings currently pending or contemplated affecting the Second Party. The Second Party has not been informed of any intent to initiate involuntary bankruptcy proceedings against Second Party. g. To its knowledge Second Party has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in Texas and to perform the terms of this agreement and will continue to use its best efforts to maintain all necessary rights, licenses, and permits in current status and good standing. h. The funds provided by CEDC shall be utilized solely for the purpose of the project as stated in this agreement and within the scope of the project as stated in this agreement and for no other purpose. i. Second Party shall pay all taxes and assessments due and owing to all taxing authorities having jurisdiction over Second Party’s property and business operations. In addition, Second Party shall timely pay all employment, income, franchise, and other taxes due and owing by Second Party to all local, state, and federal entities. j. Second Party shall complete the project required by this agreement and shall provide the necessary staff and employees for the completion and performance of this agreement. k. Second Party shall timely and fully perform and comply with all terms and conditions of this agreement. l. Upon written request of CEDC Second Party shall notify CEDC in writing of substantial changes in the management of Second Party within seven (7) days. Substantial changes shall mean changes in executive officers, board members, or managers. m. The Second Party agrees that with regard to all programs and activities arising out of this agreement, the Second Party shall fully comply with all civil rights acts and specifically will not discriminate against any person upon the basis of race, color, national origin, gender, or by reason of being disabled. Page 3 7. The CEDC under the following circumstances and at the sole discretion of its board of directors may suspend the obligations under this agreement or may terminate this agreement without liability to the CEDC upon: a. The filing of bankruptcy proceedings or the appointment of a receiver of Second Party or any part of its assets or property and failure of such bankruptcy or receivership to be discharged within sixty (60) days of filing. b. The adjudication of Second Party as a bankrupt. c. A change in ownership of Second Party which constitutes a material change in the nature of Second Party’s business and operations. 8. Second Party agrees to the following reports and monetary requirements in connection with the project: a. Second Party shall provide periodic reports as requested by the CEDC. b. During normal business hours, Second Party shall allow a representative of the CEDC reasonable access to its books and records to verify compliance with this agreement. CEDC agrees to maintain the confidentiality of such records. Information shall be used only for the purpose of administering the funding provided by CEDC pursuant to this agreement and for no other purpose; provided however, CEDC may, if required by legal process or at the discretion of the office of the Attorney General provide such documentation to a third party as is required by the Attorney General or pursuant to such legal process. 9. Should Second Party fail to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, and conditions or warranties of this agreement such failure shall constitute an act of default by Second Party and, if not fully and completely cured within 60 days after written notice by CEDC to Second Party, the CEDC may terminate this agreement and pursue any legal remedies existing under the law; provided however, that Second Party’s liability under this agreement shall be limited to the immediate return by Second Party of all funds or other economic incentives provided by the CEDC and any consideration previously paid to Second Party by the CEDC. The rate of interest on all funds paid by the CEDC to Second Party subject to refund shall be 6% per annum from the date of default. In the event CEDC should prevail in any litigation to recover funds pursuant to this paragraph, the CEDC shall, in addition to all other damages provided by this paragraph, be entitled to recover reasonable attorney’s fees and expenses of litigation. 10. In the event of unforeseeable delays, in the performance of this agreement by Second Party, or force majeure, and upon a reasonable showing by Second Party that it has immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal, or abatement of such delays by using its best efforts, CEDC may consent and excuse any such delay, which consent shall not be unreasonably conditioned or withheld. The failure by Second Party to continuously and diligently pursue compliance shall constitute an act of default. Page 4 11. Any delay by the CEDC in providing notice of default to Second Party, shall in no event be deemed or constitute a waiver of such default by CEDC or waiver of any of its rights and remedies available under this agreement or at law or in equity. 12. Any waiver provided by CEDC to Second Party of an act of default shall not be deemed to constitute a continuing waiver or a waiver of any other existing or future act of default by Second Party even if the act or default is of the same or a similar nature. 13. Second Party specifically agrees that CEDC shall only be liable to Second Party for the amount of money actually budgeted and committed to the project described in this agreement. CEDC shall not be liable or held responsible for any other direct or indirect costs, attorney’s fees, court costs, actual or consequential damages, direct or indirect, for any act of default by CEDC under the terms of this agreement. It is further stipulated and agreed that CEDC shall only be required to pay the amount of the project cost out of its sales tax revenues held and administered pursuant to the Development Corporation Act for the fiscal year in which the funding under this agreement is due together with unencumbered funds then on hand and from no other source. It is specifically agreed however, that in the event actual total sales tax revenues collected by CEDC for any year during which this agreement is to be performed should be less than the total amount of all grants to all contracting parties for that year, then in that event, CEDC shall fund projects in the order the grants were awarded after payment of CEDC’s usual administrative cost and expenses. All contracting parties shall receive only their share of the available sales tax revenue for that year, less CEDC’s customary and usual administrative costs and expenses and CEDC shall not be liable to any contracting party for any deficiency for that time or in the future. In the event of such revenue shortfall, CEDC will provide written notice to all contracting parties affected by the revenue shortfall along with such documentation as will allow the contracting party to ascertain their share of the funding to be provided. 14. This agreement incorporates the entire agreement of the parties hereto and supersedes any oral or written previous and contemporaneous agreements between the parties relating to the matters covered by this agreement. Except as otherwise provided herein, this agreement cannot be modified or amended without a written agreement of the parties. 15. No term or provision of this agreement or an act of the CEDC in the performance of this agreement shall be construed as making or constituting Second Party or its employees, or agents, partners of the CEDC or employees of the CEDC. This contract shall not benefit any third party not a direct party to this agreement. 16. The termination of this agreement as provided herein may be upon mutual agreement of the parties or pursuant to the provisions hereof relating to default. The termination of this agreement either by mutual agreement or by notice served by the CEDC shall extinguish all rights, duties, and obligations of the CEDC and Second Party except as provided herein. 17. This agreement may be executed in a number of identical counterparts each of which shall be deemed an original upon execution and shall constitute the same instrument. Page 5 18. This agreement is made pursuant to the laws of the State of Texas and shall be governed and interpreted under the laws of the State of Texas without regard to any conflict of laws provision. Venue in any litigation arising out of the execution or performance of this agreement shall be in the court of appropriate jurisdiction in Randall County, Texas and in no other Venue. Second Party, by signing this agreement, consents to and waives any objections to in personam jurisdiction in Randall County, Texas. 19. In the event one or more of the provisions contained in this agreement should, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement. This agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 20. This agreement is subject to all legal requirements contained in the Municipal Charter of the City of Canyon and Code and Ordinances of the City of Canyon and all other applicable state and federal laws and regulations. Second Party agrees that, in compliance with this agreement, it will promptly comply with all applicable laws, regulations, orders, and rules of the state, city, and other governmental entities. 21. This agreement shall be binding upon the parties hereto, their successors, and (where permitted) assigns. This agreement may not be assigned by either party without the specific prior written consent of the other, which consent shall not be unreasonably withheld or conditioned. Provided however, that in the event Second Party transfers all or substantially all its assets to another entity or merges with another entity to the extent that the underlying purpose of this agreement cannot, in the sole discretion of the CEDC’s board of directors, be accomplished, the CEDC shall have the option to suspend its performance under this agreement or terminate this agreement. 22. Second Party represents that no member of the board of directors of the CEDC or member of the governing body of the City of Canyon or any officer or employee of the City of Canyon or CEDC will be compensated in any manner with respect to directly or indirectly bringing the parties together for the purpose of this agreement or participation in the negotiation or formation of this agreement. No finder's fee or other origination fee of any type will be paid or will become payable to any officer or employee of the City of Canyon, member of the governing body of the City of Canyon, or the governing body of the CEDC with regard to the formation or performance of this agreement. 23. All notices from one party to the other party required or permitted by this agreement shall be delivered personally or sent by certified mail postage prepaid addressed to the party at the address shown on the signature page. All notices shall be deemed given on the date so delivered or deposited in the mail unless otherwise provided. Either party may change its address by sending written notice of such change to the other party in the manner provided by this agreement. 24. All representations, warranties, covenants, and agreements of the parties as well as all rights and benefits of the parties pertaining to the transaction contemplated by this agreement shall survive the original execution date of this agreement and shall constitute continuing obligations. Page 6 Effective Date: _____________________________ Second Party CANYON ECONOMIC DEVELOPMENT WEST TEXAS WESTERN STORE, INC. By: _________________________________ By: ___________________________________ Randy Croslin, President/Chairman Tracy B. Martin, Shareholder th Address: 1604 4 Avenue, Suite 21 Canyon, Texas 79015 By: _______________________________________ Terry V. Martin, Shareholder Page 7 RESOLUTION NO. 06-2016 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN WEST TEXAS WESTERN STORE AND CANYON ECONOMIC DEVELOPMENT CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE FOR A PROJECT LOCATED AT 1206 23RD STREET, CANYON, TEXAS. THE FUNDING IS BASED ON EXISTING BUSINESS RETENTION. WHEREAS, on April 14, 2016 the Canyon Economic Development Corporation (“CEDC”) conducted a public hearing regarding the use of sales and use tax revenues collected pursuant to the Development Corporation Act of 1979 (Tex. Rev. Civ. Stat. Art. 5190.6 §4B, (“the Act”) and to consider a funding agreement for the primary purpose of which is the developing, stabilizing, diversifying, and expanding the economy through the retention, recruitment, expansion, and employment opportunities of the citizens of Canyon and the surrounding area and to enhance the quality of life of the citizens of Canyon and the surrounding area. WHEREAS, the City Commission of the City of Canyon, Texas, finds it to be in the public interest to execute a Project Funding Agreement between the Canyon Economic Development Corporation and West Texas Western Store, a registered entity qualified to do business in Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: That the Project Funding Agreement by and between CEDC and West Texas Western Store be, and it is hereby approved, and the sales tax revenue collected pursuant to “the Act” by CEDC may be used for the primary purpose of financial assistance for business retention and expansion. The sales tax revenue referred to in this Resolution shall be the revenue on deposit in Sales Tax Improvement Fund (Fund 40) for direct costs related to the project. INTRODUCED at the First Reading on the 18TH of April, 2016, and Adopted on the Second Reading on the 2nd of May, 2016. ________________________________ QUINN J ALEXANDER, MAYOR ATTEST: _______________________________ Gretchen Mercer, City Clerk REGARDING ITEM 7 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: May 2, 2016 Re: Consider and Take Appropriate Action on Ordinance Number 1034, Resulting from a Recommendation from the Parks, Open Space, and Recreational Advisory Committee, Dedicating a Downtown Park and Designating the Name as Neblett Park. When we purchased the south half of the 1500 block of 6th Avenue from CISD for the construction of a downtown parking lot, the discussion was to leave the grassy area at the southwest corner and to have it formally declared a city park. The discussion also centered around the origin of the building that was ultimately removed to make room for the parking lot, and the fact that it started out as the Neblett Clinic, then ultimately became the Neblett Hospital, Canyon’s first real hospital. Up until now, we’ve not formalized that desire. Ordinance Number 1034 has been prepared, and the survey work has been done, to formally designate the park and to name it “Neblett Park”. This is also a recommendation from the Parks Committee. It is my recommendation to accept and approve the recommendation from the Parks, Open Space, and Recreational Advisory Committee to Adopt Ordinance No. 1034, Dedicating and Naming Neblett Park. City of Canyon Parks, Open Space, and Recreation Advisory Committee Minutes March 24, 2016 These minutes have not been approved as of 4/28/16 by the POSRAC. The Parks, Open Space, and Recreation Advisory Committee of the City of Canyon met at 3:30 pm in the City Manager’s Conference Room of the Civic Complex. The following committee members were in attendance: Chairman Howard Morris, Mary Clare Munger, Becky Usleton, and Jimmy Lackey. Members absent: Stuart Sutton, Linda Washington, and Wendell Brown Also present were the following City Staff: Assistant City Manager for SP Jon Behrens and Parks Director Brian Noel. Item 1: Call to Order. Chairman Morris called the meeting to order at 3:30 pm. Item 2: Approval of the Minutes of the Meeting on November 12, 2015. Mr. Lackey moved, duly seconded by Ms. Usleton, to approve the minutes as presented. Motion carried unanimously. Item 3: Consider and Take Appropriate Action on New Park Amphitheater Roof Color and Update on Park. Mr. Noel explained that he had been informed that the color – Patina Green – that the Committee had selected at the November meeting for the pavilion room was no longer available. However, Mr. Noel had recently received notification that the color would be made available for this project. Committee was pleased this color was available. No action necessary from the Committee. Item 4: Consider and Take Appropriate Action on Proposed Community Garden in Paul Lindsey Park. Mr. Noel explained that Ginger Porter, a local Master Gardener had contacted him with interest in the development of a community garden in Canyon. Mr. Noel stated that there exist a space in Paul Lindsey Park that could serve as a garden. Mr. Noel explained community garden concept and the work that would be involved for the Parks Department. The Parks Department will till a space approximately 50” x 100” and will install three frost free faucets. Ms. Porter suggested that space be rented to the participants for $10-$20. Mrs. Munger asked if Ms. Porter had been involved in a community garden previously. Mr. Noel said that it was his impression that she had not, however she had done a great deal of research on the topic. Mr. Lackey was aware of the fact that Elk City, Oklahoma, had a large community garden. Mr. Noel stated that he believed the City’s expenses would be approximately $300-$400 and that cost would not include any water cost. Mr. Noel anticipates 12-15 plots in the garden. Discussion occurred related to the size of the plots, the water cost for the garden, and the rental fee. Mrs. Munger moved and Mr. Lackey seconded to set the rental fee at $10 per plot. Motion carried unanimously. Parks, Open Space, and Recreation Advisory Committee Minutes March 24, 2016 Page 2 of 3 Item 5: Consider and Take Appropriate Action Related to the Consideration of Names for the New Park Adjacent to the New Downtown Parking Lot. Mr. Noel explained that since the City removed the former CISD administration offices, the City staff has referred to the park area next to the new parking lot as Neblett Park. The fact that this committee needed to officially determine the name of this park area was mentioned in passing during the November committee meeting. Mr. Behrens explained that City staff was aware of the fact that this space was believed to have been a park in the past and that its’ existence had been mentioned in a publication. Mr. Harold Root, of the Randall County Historical Commission, was invited to discuss his opinion related to the naming of the park after Dr. Neblett. Mr. Root read from a publication on the City of Canyon in which one reference was made to a park which was located in the space under discussion. Mr. Root suggested that a plaque be placed on the east side of the parking lot which would recognize Dr. Neblett. He thought using the salvaged bricks from the hospital as part of the parker would be a good idea. Mr. Root suggest that the park space be named “Old City Park” or “City Park” to acknowledge its’ historical relevance to the City. Discussion occurred related to the naming of the park. Mrs. Usleton moved and Mrs. Munger seconded to name the park Neblett Park. Motion carried unanimously. Item 6: Update on Family Aquatic Facility. Mr. Behrens and Mr. Noel provided the Committee with a brief updated related to the facility. No action taken by the Committee. Item 7: Update on Canyon East Park. Mr. Noel reported that progress on the Canyon East Park continues. The playground equipment has been installed. The next construction phase will include the installation of sidewalks and the equipment fall zone perimeter walls. No action taken by the Committee. Item 8: Update on Youth Spring Sorts and Facilities. Mr. Noel updated the Committee on spring soccer and baseball. Palo Duro Soccer Association, Canyon Baseball Association, and the West Texas Baseball League are all about to begin their spring seasons. Mr. Noel reported over 150 baseball field rentals had occurred at this time. No action taken by the Committee. Item 9. Update on Park Land Dedication Ordinance. Parks, Open Space, and Recreation Advisory Committee Minutes March 24, 2016 Page 3 of 3 Mr. Behrens explained that he continues to work on the ordinance and that he would like to provide the Committee with a draft ordinance to review soon. No action taken by the Committee. Item 10. Discussion of Parkland Ordinances. Due to the lack of time to discuss this item it was tabled. Item 11. Adjourn. Mr. Morris stated he would accept a motion to adjourn. A motion (?) was made and the Committee adjourned. __________________ Howard Morris, Chairman, Parks Committee ATTEST: Gretchen Mercer, City Clerk Attendance 8/18/15 11/12/15 3/24/16 Howard Morris P P P Jimmy Lackey A P P Linda Washington P P A Becky Usleton P P P Wendell Brown P P A Mary Clare Munger A A P Stuart Sutton A A A ORDINANCE NO. 1034 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, DESIGNATING AN AREA CONSISTING OF 6,925 SQUARE FEET, BEING A PART OF LOTS 11, 12, 13 AND 14, BLOCK 50 ORIGINAL TOWN OF CANYON AS A NEIGHBORHOOD PARK, DEDICATING SAME FOR RECREATION, PLAYGROUND OR OPEN SPACE USE AND PROVIDING THAT THE NEIGHBORHOOD PARK SO DEDICATED SHALL BE KNOWN AS "NEBLETT PARK." 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 possessed by the City of Canyon; and, WHEREAS; the City Commission finds that the dedication of the land described in this Ordinance as park land for recreational use of the public would be in the best interest of the City; NOW THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1: "Neighborhood Park", as that term is used herein means a public park less than 15 acres located within a residential subdivision and provided for a variety of outdoor recreational opportunities, to be operated, maintained and controlled by the City of Canyon. SECTION 2: (a.) The real property, together with any improvements, described in Exhibit A attached hereto and incorporated herein by reference for all purposes is hereby dedicated as a neighborhood park within the City of Canyon, to be used for playground, open space or other outdoor recreational purposes. (b.) The neighborhood park dedicated in paragraph 2(a.) above shall be known as "Neblett Park." SECTION 3: Severability. If any provision, section, subsection, clause, or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision continued herein shall become inoperative or fail by any reasons of the unconstitutionality of any other portion or provision. 1 SECTION 4: The City Commission finds that the meeting at which this Ordinance is passed is open to the public as required by law and that all notice requirements of the Texas Open Meetings Act, CH 551 TEX. GOVT. CODE have been met. SECTION 5: Effective Date. This ordinance shall become effective immediately. INTRODUCED AND PASSED by the City Commission of the City of Canyon, Texas on the 2nd day of May, 2016. ________________________ Quinn Alexander, Mayor ATTEST: __________________________ Gretchen Mercer, City Clerk 2 3 4 REGARDING ITEM 8 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: May 2, 2016 Re: Consider and Take Appropriate Action on Approval of Recommendation from the Parks, Open Space, and Recreational Advisory Committee Regarding the Amphitheater at Neblett Park. At the April 18 meeting, you voted to approve the bid and proposal for the amphitheater to be purchased and constructed at the downtown park. If things go as I predict, by the time you get to this item, you will have named that downtown park “Neblett Park”. There was discussion about the banner and medallion on the amphitheater, and that decision was set aside until this meeting. Assuming that you have just adopted Ordinance Number 1034, it would now be appropriate for the banner on the amphitheater to say “Neblett Park”. So the next decision would be whether or not the logo of Amarillo National Bank is placed in the medallion area of the banner. As we discussed at the previous meeting, the Parks Committee reviewed this design and included it in their recommendation for approval, with the ANB logo. I would again support the Parks Committee’s recommendation, but if that isn’t your desire, then staff needs you to give us direction to proceed. a. What will be the medallion portion of the banner, if there is to be one? b. Will the banner say “Neblett Park”? c. If the medallion is not to be the ANB logo, then staff will proceed with the creation of a plaque recognizing the gift from ANB and it will be placed at an appropriate location at the amphitheater. City of Canyon Parks, Open Space, and Recreation Advisory Committee Minutes August 19, 2015 The Parks, Open Space, and Recreation Advisory Committee of the City of Canyon met at 3:00 pm in the City Manager’s Conference Room of the Civic Complex. The following committee members were in attendance: Chairman Howard Morris, Linda Washington, Becky Usleton, and Wendell Brown. Members absent: Jimmy Lackey, Stuart Sutton, and Mary Clare Munger. Also present were the following City Staff: Assistant City Manager for SP Jon Behrens and Parks Director Brian Noel. Item 1: Call to Order. Chairman Morris called the meeting to order at 3:05 pm. Item 2: Approval of the Minutes of the Meeting of February 28, 2013. Ms. Washington moved, duly seconded by Chairman Morris, to approve the minutes as presented. Motion carried unanimously. Item 3: Consider and Take Appropriate Action on Rental Rates for Baseball Fields. Mr. Noel reviewed his memo related to current rental rates and usage numbers. Rental rates for baseball fields are $10 for CBA and WTYBA has been paying $20/game for their league games. Rental rates for practice fields are $10 for daytime rental and $15 for night rental with the use of field lights. Due to electricity cost and associated monthly fees, the current practice rates are not meeting the actual cost of the usage. With the improvements that have occurred to the baseball fields and the significant increase in games played on the fields, the Parks staff is spending an increasing amount of time working on the fields. Mr. Noel proposed that the rental rate for CBA be raised to the $20/game level. Mr. Morris asked if this rate would be comparable to local facilities. Mr. Noel stated that this rate would be comparable to Amarillo and that due to the quality of the Canyon fields it is difficult to compare them to many other area communities. Mr. Noel stated that he has been able to develop a schedule for the two leagues that allows both to use the facilities. WTYBA is scheduled for the fields on more dates than CBA in order to meet their needs due to the fact that it is a larger league. Mr. Noel asked the committee if they felt one league should have priority over the other. The committee discussed this issue and recommended the Mr. Noel continue to schedule as he has if that has allowed him to treat both leagues fairly. Mr. Brown moved and Ms. Usleton seconded, that field rental rates be increase to the levels requested by Mr. Noel – Day time practice rental $15 and night time practice rental goes to $25. Brown Road fields remain $5. Game field rentals will increase to $20/game for both CBA and remain at $20 for WTYBA. Motion carried unanimously. Item 4: Consider and Take Appropriate Action on Rental Rates for Soccer Fields. Mr. Noel reviewed his memo related to rental rates for the Brown Road Soccer fields. Over the past two years the Parks Department has assumed additional responsibilities at the soccer complex. The Parks Department has assumed responsibility for maintaining the soccer goals and providing nets for the goals. The Parks Department now sets all of the goals and moves them off the fields at the Parks, Open Space, and Recreation Advisory Committee Minutes August 19, 2015 Page 2 of 3 end of the season. These are all duties that Palo Duro Soccer Association previously performed. Maintaining the pavilion and the restrooms at the complex are also duties that have been added to the department since their construction. Mr. Noel would like to request that the $5 per game charge be increased to $10 per game. Mr. Noel discussed an option to move to $15 per game next year. Ms. Washington stated that she felt that the additional increase could be discussed next year if Mr. Noel still felt it was necessary. Ms. Washington moved that the field rentals increase to $10/game and Mr. Brown seconded. Motion carried unanimously. Item 5: Consider and Take Appropriate Action on Rental Rates for Parks Pavilions. Mr. Noel reviewed his memo related to pavilion rental rates. He explained that the Parks Department has added part time hours so that an employee can check the pavilions on weekends between rentals. The pavilions continue to be used frequently and Mr. Noel believes the increase in rates will not drop the number of rentals. Mr. Brown moved and Ms. Usleton seconded to increase the rental rates as requested: 0-4 hours 4+ hours Hunsley Park $30 $50 Conner Park $30 $50 Lois Rice $40 $70 Brown Road $40 $70 Paul Lindsey $30 $50 Motion carried unanimously. Item 6: Update on TP&W Grant. Mr. Noel provided background info and project status of TP&W grant for trails in parks. Work will begin in Paul Lindsey Park after archeological study is carried out in southeast corner of park. Study to be carried out in an effort to avoid disturbing former Indian campground with the trail. Item 7: Update on Neblett Park Donation and Park Plans. Mr. Noel reviewed his memo related to Neblett Park. Committee was pleased that Amarillo National Bank had made such a substantial donation. Mr. Noel discussed a pavilion and possible pavilion location for the park. Committee discussion was positive related to the pavilion and its’ location. Committee consensus related to the color of the pavilion was – check with Amarillo National and confirm that current park pavilion colors are acceptable. Committee felt that Amarillo National should be able to request a blue roof if they so desired. Item 8: Parks Update Report. Mr. Noel reviewed his memo related to park improvements and projects over the past year. Projects completed included: - Brown Road Complex – fencing along Brown road, irrigation booster pump, pipe fence in parking area, and sprigging of soccer fields. - Paul Lindsey Park – Dog park continues to be popular. Will be adding light to dog park area. - Canyon East – planning for additional park acreage in this subdivision Parks, Open Space, and Recreation Advisory Committee Minutes August 19, 2015 Page 3 of 3 - Pool Committee work – aquatic facility on the Monday, August 17, Commission agenda and Commission voted to place aquatic center on November ballot. - War Memorial – still gathering names and waiting on dedication until process completed - KJMBC – complex completed and well used. Possible addition of fields in the near future. Committee comments were positive related to all of the park improvements over the past two years. Item 9. School Park Use Reservations. Mr. Noel reviewed his memo related to park use by various schools. Mr. Noel explained that at times several schools will visit one of the parks at one time and that park will be overrun with students. Mr. Noel proposes sending a memo to the schools that typically use the parks and ask that they contact the Parks Department when planning to use a park. Notification from the schools will enable the Parks Department to schedule schools and be prepared to meet the needs of every group. The Parks Department can suggest alternative parks to visit in the event that one particular park is over “booked”. The Committee supported this idea and encouraged Mr. Noel to send out the letters. Item 10. Discussion of Parks and Recreation Plan Mr. Behrens reviewed his memo related to the development of a plan for the parks in Canyon. This will be a process that will require multiple meetings to be completed. Committee will review current facilities, map out services areas, determine if additional locations are needed currently, and develop recommendations for future park expansion. Committee was interested in the process. Mr. Behrens explained that that the next meeting would be the kickoff for this process. Item 11. Adjourn Ms. Washington moved that the meeting be adjourned. __________________ Howard Morris, Chairman, Parks Committee ATTEST: Gretchen Mercer, City Clerk Parks, Open Space, and Recreation Advisory Committee Minutes November 12, 2015 The Parks, Open Space, and Recreation Advisory Committee of the City of Canyon met at 3:30 pm in the City Manager’s Conference Room of the Civic Complex. The following committee members were in attendance: Chairman Howard Morris, Linda Washington, Becky Usleton, Jimmy Lackey, and Wendell Brown. Members absent: Stuart Sutton and Mary Clare Munger. Also present were the following City Staff: Assistant City Manager for SP Jon Behrens and Parks Director Brian Noel. Item 1: Call to Order. Chairman Morris called the meeting to order at 3:30 pm. Item 2: Approval of the Minutes of the Meeting of August 18, 2015. Mr. Brown moved, duly seconded by Ms. Usleton, to approve the minutes as presented. Motion carried unanimously. Item 3: Consider and Take Appropriate Action on Pump Bike Track Proposal. Mr. Noel reviewed his memo related to a proposal from Chris Podzemeny for the development of a pump bike track at Buffalo Hill Park. Mr. Podzemeny will gather the volunteers and equipment necessary to build the track. Mr. Lackey allowed the committee to view a video of pump track racing. The City has been asked to provide water, on a limited basis, to a tank at the track. Mr. Podzemeny was associated with the building of the bike trails at Buffalo Hill and Mr. Noel believes he will build an appropriate track. Ms. Washington and Mr. Lackey had question related to liability for the track. Mr. Noel said he would follow up with the City Attorney, however he felt the current signage would meet the City’s need to notify participants of the risks involved in these activities. Mr. Lackey moved and Ms. Washington seconded a motion to allow Mr. Podzemeny to move forward with the development of the pump track. Motion carried unanimously. Item 4: Consider and Take Appropriate Action on Neblett Park Pavilion, Landscape Plan & Budget. Mr. Noel reviewed plan from Parkhill, Smith, and Cooper for the landscaping of Neblett Park. Mr. Noel explained that the plan will include planting trees between the large trees on the west end of the park due to the projected limited life expectancy of these trees. Mr. Noel explained that the plans for the median on the south side of the parking lot will probably be changing. Mr. Noel stated that there is a possibility that the engine from the Sad Monkey train has been donated to the City and that it may be placed in this median. The Committee responded positively to this possibility. Mr. Noel stated that Amarillo National was supportive of the pavilion roof color matching with other pavilions in the parks. Amarillo National is working on the design of a piece to be attached to the pavilion. Mr. Morris asked about the inclusion of a restroom in the project. Mr. Behrens explained that a retail space is currently in the planning process which will provide public restrooms immediately to the north of the park. Mr. Behrens stated that the Committee will need to eventually take action to officially Parks, Open Space, and Recreation Advisory Committee Minutes November 12, 2015 Page 2 of 3 propose that the park be named Neblett Park. Mr. Lackey moved that the landscape plan and budget for Neblett Park be accepted and Ms. Washington seconded. Motion carried unanimously. Item 5: Parks Facility Rental Report for 2015. Mr. Noel reviewed his rental fee memo. Rental fees for 2015 totaled $32,453. Organized game rentals totaled $21,230, practice field rentals totaled $7,390 and pavilion rentals totaled $11,223. Mr. Noel stated that rental fees accounted for $5,000 in revenue in 2010. No action taken by the Committee. Item 6: Update on TP&W Grant. Mr. Noel stated that he has contacted TP&W and is currently waiting on a response from them. All studies that were required by TP&W have been completed. No action taken by the Committee. Item 7: Update on Canyon East Park. Mr. Noel reported that the water well for the park had been postponed due to initial water quality issues, however, he recently received test results which found the water to have no quality issues. The Parks Department will begin installation of an irrigation system in the Canyon East Park and along the Canyon East Parkway this winter. Mr. Noel will continue to update the Committee on the park as progress is made. No action taken by the Committee. Item 8: Update on Family Aquatic Center. Mr. Behrens updated the Committee on the next steps involved in the aquatic center. Mr. Behrens explained that he would be requesting, from the City Commission on Monday night, that he be allowed to move forward with the RFQ process to procure architectural and engineering services. Mr. Behrens stated that the current plan is to sign contracts with a firm in January and move the project along quickly this spring. In order to meet a completion date of June 2017 construction will need to be underway in August. The Committee was highly supportive of the project and the proposed timeline associated with the project. Item 9. Consider and Take Appropriate Action on Canyon Parks Plan. Mr. Behrens explained the need for the City of Canyon to develop a Parks Plan and the steps that the Committee will be taking over the next several meetings to develop it. The Committee reviewed the Park Classification document. Mr. Noel reviewed the Park System Inventory document with the Committee. Mr. Behrens then outline the location of each park and the need to develop Park Zones. Due to the layout of the community, the boundaries for Park Zones will be the major arterial streets. Mr. Behrens explained that the Park Zones will enable the Committee to determine underserved areas of the community and also assist in the determination of the location of future park expansion. Mr. Brown moved that the Park Parks, Open Space, and Recreation Advisory Committee Minutes November 12, 2015 Page 3 of 3 Classifications, the Park System Inventory document, and the presented Park Zones be accepted and Ms. Washington seconded. Motion carried unanimously. Item 10. Discussion of Parkland Ordinances. Due to the lack of time to discuss this item it was tabled. Item 11. Adjourn. Mr. Morris stated he would accept a motion to adjourn. Wendell Brown moved for adjournment and Ms. Washington seconded. Motion carried unanimously. __________________ Howard Morris, Chairman, Parks Committee ATTEST: Gretchen Mercer, City Clerk Attendance 8/18/15 11/12/15 Howard Morris P P Jimmy Lackey A P Linda Washington P P Becky Usleton P P Wendell Brown P P Mary Clare Munger A A Stuart Sutton A A Quotation Original Quote Date Quotation # 11/5/2015 777 Name / Address Customer Contact Customer Phone City of Canyon Brian Noel 806-655-5000 301 16th St. Canyon, TX 79015 Customer Fax Quote Revised Terms FOB Project Name n/a Net 30 Factory Nesbitt Amphitheater Item Description Qty Rate Total KMO40X25TGSS Poligon 40' Kokomo amphitheater-style shelter with tongue & groove deck and standing seam metal roof in 1 50,700.00 50,700.00 standard color, 12' height clearance, lettered arch and medallion front gable ornamentation, internal electrical access, Poli-5000 factory epoxy prime/powdercoat frame finish in standard color DISCOUNT 5% BuyBoard discount off of shelter -2,535.00 -2,535.00 ENGINEERING Sealed engineered drawings for shelter and footings 250.00 250.00 SHIPPING Shipping to Canyon, TX 3,600.00 3,600.00 INSTALL Install KMO40X25TGSS, including layout/install epoxy bolts; seal T&G; install structure including 21,950.00 21,950.00 receive/unload shipment, mount columns, erect frame, install roofing & trim INSTALL Install CMU screenwall, 6'h x 20'l 1,550.00 1,550.00 BBCOMGROUP BuyBoard Commodity Group # 423-13, Parks & Recreation & Field Lighting Products & Installation Subtotal $75,515.00 Sales Tax (6.25%) $0.00 This quote is valid for 30 days. Total $75,515.00 Signature _____________________________________ Date _____________ By signing you agree to our terms. 2015C PORTERCORP (616)399-1963 REVISIONS B REVISED COLUMN LAYOUT DIMENSIONS; REVISED VINYL MEDALLION LOGO 3/2/2016 BD R www.poligon.com by COPYRIGHT 2015 R PATENTED OR PATENTS PENDING A Division of PORTERCORP 4240 N. 136th AVE HOLLAND, MI 49424 (616) 399-1963 PORTERCORP 4240 N. 136th AVE HOLLAND, MI 49424 Designs and calculations of Poligon buildings are protected under copyright laws and patents and may not be used in the construction or design of a building that is not supplied by Poligon. Copyright laws protect the style and visual appearance of the structure while patents may protect other parts of the design. PATENTED AND/OR PATENTS PENDING COPYRIGHT 2015 PORTERCORP HOLLAND, MI 49424 PROJECT: NEBLETT PARK REV LEVEL: SCALE: LOCATION: CANYON, TX B 1:60 BUILDING TYPE: KMO 40X25 ROOF TYPE: STANDING SEAM OVER T & G BUILDING NUMBER: 13349 betdue DRAWN BY: ORDER NUMBER: 56396 DRAWING LIST: 4/7/2016 PRINT DATE: CAD MODEL: ~E1-13349 SHEET NUMBER DRAWING DESCRIPTION JOB NO: 13349 CS COVER SHEET 1 ARCHITECTURAL ELEVATIONS STOP!! 2 STRUCTURAL FRAMING PLAN 3 COLUMN LAYOUT 4 BASE PLATE STYLES NOT FOR CONSTRUCTION 5 ELECTRICAL ACCESS AND CUTOUTS USE FOR PRELIMINARY PLANNING AND ESTIMATING ONLY FABRICATOR APPROVALS: GENERAL NOTES: CUSTOMER APPROVAL CITY OF PHOENIX, AZ APPROVED FABRICATOR #C08-2010 UNLESS NOTED OTHERWISE, THIS STRUCTURE WAS DESIGNED TO ALL WELDING IS PERFORMED BY AMERICAN WELDING SOCIETY CITY OF LOS ANGELES, CA APPROVED FABRICATOR #1596 ONLY SUPPORT WHAT IS SHOWN ON THESE DRAWINGS. POLIGON CERTIFIED WELDERS AND CONFORMS TO THE LATEST EDITION OF MANUFACTURING CANNOT START UNTIL CITY OF RIVERSIDE, CA APPROVED FABRICATOR #SP06-0033 MUST BE CONTACTED IF ANYTHING ELSE IS TO BE ATTACHED TO THIS AWS D1.1 OR D1.3 AS REQUIRED. PORTERCORP RECEIVES A SIGNED AND APPROVED CITY OF HOUSTON, TX APPROVED FABRICATOR #470 STRUCTURE (WALLS, COLUMN WRAPS, RAILINGS, ETC.) SO THE COPY. CLARK COUNTY, NV APPROVED FABRICATOR #264 DESIGN OF THIS STRUCTURE CAN BE REVIEWED AND POSSIBLY PARTS SHOWN MAY BE UPGRADED DUE TO STANDARDIZED STATE OF UTAH APPROVED FABRICATOR 02008-14 REVISED. FABRICATION. REFER TO THE SHIPPING BILL OF MATERIALS FOR APPROVED AS SUBMITTED POSSIBLE SUBSTITUTIONS. NEBLETT PARK CANYON, TX PROJECT LOCATION: COVER SHEET CERTIFICATES: UNLESS NOTED OTHERWISE, THIS STRUCTURE WAS DESIGNED MIAMI-DADE COUNTY CERTIFICATE OF COMPETENCY NO. 13-0813.16 ASSUMING A 20' SEPARATION BETWEEN ANY ADJACENT STRUCTURE FOR PROPER FIELD INSTALLATION OF THE BUILDING IT IS APPROVED AS NOTED PCI (POWDER COATING INSTITUTE) 4000 CERTIFIED WITH AN EAVE HEIGHT EQUAL TO OR GREATER THAN THE EAVE RECOMMENDED THAT THE PRIMARY FRAME INSTALLER AND THE HEIGHT OF THIS STRUCTURE. IF THAT SEPARATION DOES NOT EXIST, ROOF INSTALLER HAVE A MINIMUM FIVE (5) YEARS DOCUMENTED PROJECT: DRAWING: MATERIALS: POLIGON MUST BE CONTACTED SO THE DESIGN OF THIS STRUCTURE EXPERIENCE INSTALLING THIS TYPE OF PRODUCT. REVISE AND RESUBMIT AS NOTED CAN BE REVIEWED AND POSSIBLY REVISED. DESCRIPTION ASTM DESIGNATION FOR PROPER FIELD INSTALLATION OF THE BUILDING IT IS TUBE STEEL A500 (GRADE B) STRUCTURAL STEEL SHALL BE DETAILED, FABRICATED, AND ERECTED RECOMMENDED THAT ELECTRIC WIRING, IF REQUIRED, BE RUN SIGNATURE: ___________________________________ SHEET SCHEDULE PIPE A53 (GRADE B) IN ACCORDANCE WITH THE LATEST EDITION OF THE AMERICAN THROUGH THE STRUCTURAL MEMBERS BEFORE THE BUILDING IS RMT PIPE A519 ERECTED. CS INSTITUTE OF STEEL CONSTRUCTION (AISC) SPECIFICATION MANUAL. PRINT NAME: __________________________________ LIGHT GAGE COLD FORMED A1003 (GRADE 50) STRUCTURAL STEEL PLATE A36 ROOF PANELS (STEEL) A653 DATE: _________________________________________

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