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City of Canyon Commission Meetings

Regular Meeting

Canyon, TX · June 6, 2016

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City Commission Meeting June 6, 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, Director of Public Works Dan Reese, 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 5:33 p.m. Item 2. Invocation. Commissioner Shehan gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Code Enforcement Director Danny Cornelius. Item 4. Approval of Minutes of the Meeting of May 16, 2016. Commissioner Shehan moved, duly seconded by Commissioner Logan, to approve the minutes of May 16, 2016 as presented. Motion carried unanimously. Item 5. Public Comment– Comments from Interested Citizens. City Manager Randy Criswell announced the City of Canyon was gaining national recognition and had been placed #9 in the 10 Best Small Towns in America by Livability. Item 6. Consider and Take Appropriate Action Ordinance No. 1035, Amending Chapter 156, Zoning Code of the City of Canyon Code of Ordinances, by Amending Table 1-1, Summary Use Chart and Section A.02 Terms. Director of Code Enforcement, Danny Cornelius presented Ordinance No. 1035 for consideration. Mr. Cornelius stated City Staff had been recently contacted by an individual requesting that the Zoning Code be amended where it addressed Tattoo Parlors. Mr. Cornelius explained currently Tattoo Parlors are defined as an Adult Oriented Business and are allowed in the Heavy Industrial District with a Specific Use Permit. Mr. Cornelius said the individual would like to open a Tattoo Parlor in the Commercial District. If adopted, Mr. Cornelius said Ordinance No. 1035 would effectively move Body Piercing Studio, Tattoo, and Tattoo Parlor from the definition of an Adult Oriented Business Types and create a separate category for Tattoo Studios, including Body Piercing, under Retail Uses. If someone wants to open a Tattoo Studio they would have to apply for a Specific Use Permit. Mayor Alexander asked what the Specific Use Permit Process entailed. Mr. Cornelius said the Specific Use Permit would first go to the Planning and Zoning City Commission Meeting June 6, 2016 Page 2 of 3 Commission. The P&Z would then make a recommendation to be considered by the City Commission for final decision of approval. Mr. Cornelius said the Canyon Planning and Zoning Commission had met several times to discuss the zoning and voted unanimously to recommend approval of Ordinance No. 1035 to the City Commission. No one was present to participate in Public Comment. After discussion, Commissioner Shehan moved duly seconded by Mayor Alexander to accept the recommendation from the Planning and Zoning Commission, and to adopt Ordinance No. 1035 as presented. Motion carried with Mayor Pro-Tem Hinders and Commissioner Logan voting against. Super Majority requirement was not met to overturn the recommendation of the Planning and Zoning Commission, thereby resulting in the recommendation from the P and Z passing the Ordinance. ORDINANCE NO. 1035 Tattoo Studios AN ORDINANCE OF THE CITY OF CANYON, TEXAS, AMENDING CHAPTER 156, ZONING CODE OF THE CITY OF CANYON CODE OF ORDINANCES, BY AMENDING TABLE 1-1, SUMMARY USE CHART AND SECTION A.02 TERMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Item 7. Consider and Take Appropriate Action on Bids for Well at Canyon East Park. Parks and Recreation Director Brian Noel presented bids opened May 19, 2016 for the drilling of a well for the park in Canyon East. Currie Drilling, Canyon, TX $66,021.50 30 days Hydro Resources, Sunray, TX $76,436.25 45 days Hi Plains Drilling, Abernathy TX $82,230.19 45 days Etter Water Well, Etter, TX $95,325.00 45 days Mr. Noel confirmed the budget for the park is $191,634.94 and the total cost and presented a breakdown. $34,550 for new playground equipment (completed) $5,000 to be spent for edging at playground (ordered) $20,000 for irrigation (proposed) $18,000 for sprigging (proposed) $66,021.50 for well Total $143,571.50 Mr. Noel said there could be additional cost of $29,120.00 for some electrical work and $15,000 for well piping bringing the total to $187,691.50, still under budget. Mr. Noel said it was the recommendation of staff to award the bid for the drilling of a well for Canyon East Park to the low bidder, Currie Drilling of Canyon, Texas. Mayor Pro-Tem Hinders asked Mr. Noel if there would be some kind of fence between the park and State Hwy 217 to which Mr. Noel said yes. City Commission Meeting June 6, 2016 Page 3 of 3 After discussion, Commission Logan moved, duly seconded by Commission Shehan to award the bid to Currie Drilling as recommended by staff in the amount of $66,021.50. Motion carried unanimously. Item 8. Executive Session Pursuant to Texas Government Code, §551.071 Consultation with Attorney; and §551.072 Real Property. Mayor Alexander indicated the Commission would adjourn into executive session at 6:04 pm. Mayor Alexander took leave at 6:05 pm. Item 9. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 7:52 pm, no action was taken. Item 10. 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 6th day of June 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 May 16, 2016. 5. Public Comment – Comments from Interested Citizens. 6. Consider and Take Appropriate Action on Ordinance No. 1035, Amending Chapter 156, Zoning Code of the City of Canyon Code of Ordinances, by Amending Table 1-1, Summary Use Chart and Section A.02 Terms. 7. Consider and Take Appropriate Action on Bids for Well at Canyon East Park. 8. Executive Session Pursuant to Texas Government Code §551.071 Consultation with Attorney, and §551.072 Real Property. 9. Consider and Take Appropriate Action on Items Discussed in Executive Session. 10. 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 3rd day of June 2016. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting May 16, 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, David Logan and Justin Richardson. 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, Parks and Recreation Director Brian Noel and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:33 p.m. Item 2. Invocation. Mayor Alexander gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Assistant City Manager for Special Projects Jon Behrens. Item 4. Approval of Minutes of the Meeting of May 2, 2016. Commissioner Shehan moved, duly seconded by Commissioner Richardson, to approve the minutes of May 2, 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 Resolution No. 07-2016, Enacting Ordinance No. 892, Prohibiting Parking Along Designated Parade Route on July 4, 2016. City Manager Randy Criswell presented Resolution Numbers 07-2016, 08-2016 and 09-2016 for consideration. Mr. Criswell stated these 3 Resolutions have been adopted the last several years to enable the Chamber to manage the festivities for the 4th of July celebration, the Chamber Chowdown, and the Family Fall Fair On The Square. After discussion, Commissioner Logan moved duly seconded by Commissioner Shehan to adopt Resolution No. 07-2016 as presented. Motion carried unanimously. RESOLUTION NO. 07-2016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON PRESCRIBING LIMITATIONS ON PARKING OR STANDING MOTOR City Commission Meeting May 16, 2016 Page 2 of 3 VEHICLES OR TRAILERS DURING PARADE TO BE HELD JULY 4, 2016, IN THE CITY OF CANYON. Item 7. Consider and Take Appropriate Action on Resolution No. 08-2016, Designating the Canyon Chamber of Commerce as Having Authority to Manage and Coordinate All Activities on the Downtown Square for the July 4 Celebration, Family Fall Fair on the Square (October 8) and the Chamber Chowdown (September 30 and October 1). Commissioner Richardson moved, duly seconded by Mayor Pro-Tem Hinders to adopt Resolution No. 08-0216 as presented. Motion carried unanimously. RESOLUTION NO. 08-2016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, GRANTING EXCLUSIVE MANAGEMENT RIGHTS TO THE CANYON CHAMBER OF COMMERCE OVER PUBLIC AREAS IN AND AROUND THE DOWNTOWN SQUARE DURING THE ANNUAL FOURTH OF JULY CELEBRATION, CANYON CHAMBER CHOWDOWN AND THE FAMILY FALL FAIR ON THE SQUARE. Item 8. Consider and Take Appropriate Action on Resolution No. 09-2016, Approving the Discharge of Fireworks Within the City Limits on July 4, 2016. Commissioner Shehan moved, duly seconded by Commissioner Logan to approve Resolution No. 09-2016 as presented. Motion carried unanimously. RESOLUTION NO. 09-2016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, GRANTING APPROVAL FOR THE CANYON CHAMBER OF COMMERCE TO CONDUCT A FIREWORKS SHOW WITHIN THE CITY LIMITS OF CANYON JULY 4, 2016. Item 9. Consider and Take Appropriate Action on Public Input Received from Public Meetings and Survey Conducted in February. City Manager Randy Criswell stated a compilation of responses from the Public Meetings citizen surveys conducted in February. Mr. Criswell said staff was prepared to answer questions, but mainly needed the proposed future direction of the Commission. Mayor Alexander suggested a workshop to discuss what needs should be addressed over the next few years. Commissioners agreed to hold a workshop June 29th or 30th. Mayor Alexander went to Item 12 since meeting dates were being discussed. Item 12. Consider and Take Appropriate Action on July Meeting Dates. City Manager Randy Criswell said meeting dates in July would be off with the 4th of July falling on the first Monday. After discussion, Commissioners agreed to meet Monday, July 11, 2016 beginning at 12:00 pm for a Budget Work Session, and Monday July 25, 2016 at 5:30 pm. City Commission Meeting May 16, 2016 Page 3 of 3 Item 10. Executive Session Pursuant to Texas Government Code, §551.071 Consultation with Attorney; and §551.072 Real Property. Mayor Alexander indicated the Commission would adjourn into executive session at 6:10 pm. Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 7:01 pm, the following action was taken. Commissioner Shehan moved duly seconded by Commissioner Logan to authorize staff to negotiate an auction contract for the sale of the Rockwell Road land with Cliff Land Brokers and to authorize the City Manager to execute a contract for the sale of the Rockwell Road land. Motion carried unanimously. 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: Danny Cornelius, Director of Code Enforcement Date: May 27, 2016 Re: Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance 1035, Amending Chapter 156, Zoning Code of the City of Canyon Code of Ordinances, by Amending Table 1-1, Summary Use Chart and Section A.02 Terms. City Staff was recently contacted by an individual requesting that the Zoning Code be amended as it pertains to Tattoo Parlors. Tattoo parlors are defined as an Adult Oriented Business and are allowed in the I-2 (Heavy Industrial) District with a Specific Use Permit. The individual is interested in opening a Tattoo Parlor in the RC-2 (Commercial) District. Ordinance No. 1035 would move Body Piercing Studio, Tattoo, and Tattoo Parlor from the definition of Adult Oriented Business Types and create a separate category for Tattoo Studios (which includes Body Piercing) under Retail Uses in Table 1-1, Summary Use Chart of the Zoning Code. The ordinance lists the use as allowed by a Specific Use Permit in RC-1 (Retail District), RC-2 (Commercial District), I-1 (Light Industrial District) and I-2 (Heavy Industrial District). The Planning and Zoning Commission voted unanimously to recommend approval of the ordinance. City of Canyon ORDINANCE NO. 1035 Tattoo Studios AN ORDINANCE OF THE CITY OF CANYON, TEXAS, AMENDING CHAPTER 156, ZONING CODE OF THE CITY OF CANYON CODE OF ORDINANCES, BY AMENDING TABLE 1-1, SUMMARY USE CHART AND SECTION A.02 TERMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; the passage, promulgation, and enforcement of the provisions herein contained are determined necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers and police powers delegated to and possessed by the City of Canyon; and, WHEREAS; the Planning and Zoning Commission of the City of Canyon, recommended certain amendments to City of Canyon Code of Ordinances, Chapter 156, Zoning Code; and, WHEREAS; the City Commission finds that the proposed amendments to Chapter 156 as recommended by the Planning and Zoning Commission 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: Table 1-1, Summary Use Chart, is amended by adding Tattoo Studio under Retail Uses and allowing a Tattoo Studio by Specific Use Permit in Zoning Districts RC-1, RC-2, I-1, and I-2. SECTION 2: Section A.02, Terms, is amended by adding the following: Body Piercing. The creation of an opening in an individual’s body, other than in an individual’s earlobe, to insert jewelry or another decoration. Tattoo. The practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. Tattoo Studio. An establishment or facility in which tattooing or body piercing is performed. Section A.02, Terms, is amended by deleting Body Piercing Studio, Tattoo, and Tattoo Parlor from the definition of Adult-Oriented Business Types. 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: Repealer. All ordinances, parts of ordinances, resolutions, and parts of resolutions in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. 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 6th day of June, 2016. ________________________ Quinn Alexander, Mayor ATTEST: __________________________ Gretchen Mercer, City Clerk 2 REGARDING ITEM 7 AGENDA To: Randy Criswell, City Manager From: Brian Noel, Parks Director Date: May 31, 2016 Re: Consider and Take Appropriate Action on Bids Received for Irrigation Well For Canyon East Park The Canyon East well bids were opened on May 19, 2016. The bid results are as follows: Currie Drilling, Canyon, TX $66,021.50 30 days Hydro Resources, Sunray, TX $76,436.25 45 days Hi Plains Drilling, Abernathy TX $82,230.19 45 days Etter Water Well, Etter, TX $95,325.00 45 days Total over past two years’ budgets for this park is $191,643.94. Total spent or to be spent: $34,550 for new playground equipment (completed) $5,000 to be spent for edging at playground (ordered) $20,000 for irrigation (proposed) $18,000 for sprigging (proposed) $66,021.50 for well Total $143,571.50 Possible remaining costs: $29,129.00 Electrical $15,000.00 Well piping (done by city employees) Staff recommends award of the contract to Currie Drilling of Canyon, TX in the amount of $66,021.50. City of Canyon

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