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City of Canyon Commission Meetings

Regular Meeting

Canyon, TX · November 21, 2016

AgendaMinutes

Minutes

City Commission Meeting November 21, 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, Commissioners David Logan, Justin Richardson and Joseph Shehan. 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 Code Enforcement Danny Cornelius, Public Works Director Dan Reese, Director of Parks and Recreation Brian Noel, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:32 p.m. Item 2. Invocation. Mayor Alexander gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Riley Snelson, a 5th grader at Canyon Intermediate School, Katelyn Roberts, a 6th grader at Canyon Intermediate School, and Ta’Leeyah Glynn, a 6th grader at Canyon Intermediate School. Item 4. Approval of Minutes of the Meeting of November 7, 2016. Commissioner Logan moved, duly seconded by Mayor Pro-Tem Hinders, to approve the minutes of November 7, 2016 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from In Interested Citizens. No comments were made. Item 6. Consider and Take Appropriate Action on Presentation from Mobilitie, Regarding Request to Install Communication Towers Within Public Right-of-Ways. City Manager Randy Criswell presented a request from Mobilitie to install communication towers within the city’s street and alley right-of-ways. Mr. Criswell said the City does have a process for a Specific Use Permit that begins with the Planning and Zoning Commission who makes a recommendation to the City Commission for a final decision, but these are generally for towers placed on private property. Mr. Criswell said Mobilitie wants to use street and alley right-of-ways and not private property. Mr. Criswell said this was a “policy” decision and these are the types of decisions the Commission needs to make. Whatever is done will set the policy going forward. Mr. Criswell stated there will be more tower requests in the future, so this is an important policy decision. Mr. Criswell introduced Mike Arismendez with Mobilitie who made a short presentation for their request. City Commission Meeting November 21, 2016 Page 2 of 4 After discussion, Mayor Alexander directed staff to look for available policies dealing with communication towers knowing there will be more requests to come, and for Mobilitie to research possible alternatives for communication towers to be placed on current structures within the City of Canyon. Item 7. Consider and Take Appropriate Action on Request from Mark Hughes, Owner of Ranch Hand Apartments, To Provide City Water to an Outside City Limits Customer. City Manager Randy Criswell presented a request to purchase water from the City of Canyon for an apartment development outside the city limits from the property owner Mark Hughes. Mr. Criswell said it has always been the policy of the City of Canyon not to provide water to “outside city limit” properties. Mr. Criswell said property owners along the transmission line from the Umbarger Well Field were given a one-time opportunity to connect to city water when the line was constructed. Since then there have been no taps allowed outside the City Limits. Mr. Criswell introduced Mark Hughes and he addressed the Commission. Mr. Hughes stated his Ranch Hand Apartments were located west of Canyon and inside the ETJ. Mr. Hughes said the apartments provide rural living for West Texas A&M University students and supplied water via four (4) private wells. Mr. Hughes said the TCEQ recently informed him that he would have to become a Public Water Supply system. Mr. Hughes said he currently had 46 units with a goal of 100 and it has been a successful venture. He stated that he had selected a location for his apartments outside the City Limits to be less expensive to develop. He also said he has retained consultants from Austin to assist him in this process, and they recommended that he contact the City prior to moving forward with any other option. He stated he would have to spend at least $400,000 to become a Public Water System, and monthly costs of maintaining that system would be great. He asked if the City would consider selling him water, saying he had already received a price from a local contractor of $100,000 to connect to the City’s system at Brown Road and bring water to him. After discussion, Mayor Alexander directed Mr. Hughes to meet with City Manager Randy Criswell and Director of Public Works Dan Reese to discuss possible options. Item 8. Consider and Take Appropriate Action on Resolution No. 19-2016 in Opposition to Revenue Caps and Legislative Interference with Local Services. City Manager Randy Criswell presented Resolution No. 19-2016 for consideration. After discussion, Commissioner Logan moved, duly seconded by Commissioner Richardson to adopt Resolution No. 19-2016 as presented. Motion carried unanimously. RESOLUTION NO. 19-2016 A LOCAL RESOLUTION IN OPPOSITION TO REVENUE CAPS AND LEGISLATIVE INTERFERENCE WITH LOCAL SERVICES. City Commission Meeting November 21, 2016 Page 3 of 4 Item 9. Consider and Take Appropriate Action on Recommendation from Parks Committee on Name for new Aquatic Center. Parks and Recreation Director Brian Noel presented a recommendation from the Parks and Open Space Committee for the name of the new Aquatic Center. Mr. Noel said the Parks and Open Space Committee met November 3, 2016 and considered a number of names received by email generated through the city website and Facebook. Mr. Noel said the Parks and Open Space Committee settled on “Canyon Aqua Park” and that was their recommendation to the City Commission. Commissioners asked if there was an alternate recommendation for consideration. Mr. Noel said no, the Committee was encouraged to present 2-3, but the committee settled on this one. Commissioners expressed a concern that this name was not as appealing as some might have been. However, Mayor Alexander expressed appreciation to the committee and their hard work and commended them on a good job. Mayor Alexander stated he would like to see some graphic representations and logos of what this would look like as soon as possible. After discussion, Commissioner Shehan moved, duly seconded by Commissioner Logan to accept the recommendation of the Parks and Open Space Committee to name the Aquatic Center “Canyon Aqua Park”. Motion carried with Mayor Alexander and Mayor Pro-Tem Hinders voting against. Item 10. Consider and Take Appropriate Action on Recommendation from Parks Committee, Establishing Usage Fees and Hours of Operation for New Aquatic Center. Parks and Recreation Director Brian Noel said the Parks and Open Spaces Committee met and voted to present the proposed hourly schedule and fee schedule for the new Aquatic Center. Mayor Pro-Tem Hinders stated he hoped to see a bigger benefit for residents of the city who are paying taxes on the Aquatic Center. Commissioners felt the season passes should reflect a higher price for non-residents of the City of Canyon. Assistant City Manager for Special Projects Jon Behrens said the proposed pricing would cover all operational costs if the attendance was as projected. After discussion, Commissioner Logan moved, duly seconded by Commissioner Richardson to approve the hours and fees as recommended by the Parks and Open Space Committee. Mayor Pro-Tem Hinders moved to amend the motion made by Commissioner Logan to include “to increase non-residents pass fees by $100 and non-resident family pass fees by $200. Commissioner Logan denied the amendment. The original motion made by Commissioner Logan and seconded by Commissioner Richardson was again considered, and failed with Mayor Alexander, Mayor Pro-Tem Hinders and Commissioner Shehan voting against. Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Logan to table the recommendation from the Parks and Open Spaces Committee on the hours and fees for the new Aquatic Center allowing them to revisit the fees. Motion carried unanimously. City Commission Meeting November 21, 2016 Page 4 of 4 Item 11. Executive Session Pursuant to Texas Government Code §551.071 Consultation with Attorney, §551.072 Deliberation Regarding Real Property and §551.074 Personnel, Appointments to Boards and Committees (Board of City Development; Canyon Area Library Board; Canyon Housing Authority; Construction Advisory and Appeals Board; Main Street Advisory Board; Parks, Open Space, and Recreation Advisory Committee; Planning and Zoning Commission; and Zoning Board of Adjustment). Mayor Alexander indicated the Commission would adjourn into executive session at 7:50 pm. Item 12. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 8:24 pm, the following action was taken. Commissioner Shehan moved, duly seconded by Mayor Pro-Tem Hinders to appoint Bonnie Pendleton to replace outgoing member Anita Adair on the Canyon Area Library Board, and to re- appoint Nola Hopkins and Melissa Wright for another term. Motion carried unanimously. Commissioner Logan moved, duly seconded by Mayor Alexander to re-appoint Nolan Brown and Lyndon Johnson to the Construction Advisory and Appeals Board. Motion carried unanimously. Commissioner Richardson moved, duly seconded by Mayor Pro-Tem Hinders to appoint Kevin Friemel, Kelsey Ward, and Janna Wartes to fill the expired terms of Joe Rodriguez, John Crozier, and Buster Ratlilff on the Canyon Main Street Advisory Board. Motion carried unanimously. Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Richardson to re-appoint Stuart Sutton, Mary Clare Munger and Howard Morris to the Parks, Open Space, and Recreation Advisory Committee. Motion carried unanimously. Commissioner Shehan moved, duly seconded by Mayor Alexander to re-appoint John Pletcher, Bobbie Jo Krutsch and Laurie Sharp to the Planning and Zoning Commission. Motion carried unanimously. Commissioner Logan moved, duly seconded by Commissioner Richardson to re-appoint Charles Robinson, Joan Van Doren, and Pat Williams to the Zoning Board of Adjustment. Motion carried unanimously. Item 13. Adjournment There being no further business, Mayor Pro-Tem Hinders moved this meeting be adjourned at 8:27 pm. ______________________________ 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 21st day of November 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 November 7, 2016. 5. Public Comment – Comments from Interested Citizens. 6. Consider and Take Appropriate Action on Presentation from Mobilitie, Regarding Request to Install Communication Towers Within Public Right-of-Ways. 7. Consider and Take Appropriate Action on Request from Mark Hughes, Owner of Ranch Hand Apartments, To Provide City Water To An Outside City Limits Customer. 8. Consider and Take Appropriate Action on Resolution No. 19-2016 in Opposition to Revenue Caps and Legislative Interference with Local Services. 9. Consider and Take Appropriate Action on Recommendation from Parks Committee on Name for new Aquatic Center. 10. Consider and Take Appropriate Action on Recommendation from Parks Committee, Establishing Usage Fees and Hours of Operation for New Aquatic Center. 11. Executive Session Pursuant to Texas Government Code §551.071, Consultation with Attorney §551.072 Real Property and §551.074 Personnel, Appointments to Boards and Committees (Board of City Development; Canyon Area Library Board; Canyon Housing Authority; Construction Advisory and Appeals Board; Main Street Advisory Board; Parks, Open Space, and Recreation Advisory Committee; Planning and Zoning Commission; and Zoning Board of Adjustment). 12. Consider and Take Appropriate Action on Items Discussed in Executive Session. 13. 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 18th day of November 2016. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting November 7, 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, Commissioners David Logan, Justin Richardson and Joseph Shehan. 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 Code Enforcement Danny Cornelius, Public Works Director Dan Reese, 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 Richardson gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Zach Knox, a 5th Grade student from Canyon Intermediate School. Item 4. Approval of Minutes of the Meeting of October 17, 2016. Commissioner Logan moved, duly seconded by Mayor Pro-Tem Hinders, to approve the minutes of October 17, 2016 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from In Interested Citizens. No comments were made. Item 6. Hear Report on WTAMU from New President Dr. Walter Wendler. Mayor Alexander introduced Dr. Wendler. Dr. Wendler gave a brief history of his education and experience bringing him to WTAMU and an overview of his plans for WTAMU. Dr. Wendler said he looked forward to working with the City of Canyon and Amarillo and expressed how pleased he was to be a part of the community. Item 7. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 15-2016 With Regards to the Purchase of Property Located at 202 N. 13th Street, Canyon, Texas by the Canyon Economic Development Corporation. City Manager Randy Criswell presented Resolution No. 15-2016 for its final reading. After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Logan to adopt Resolution No. 15-2016 as presented. Motion carried unanimously. City Commission Meeting November 7, 2016 Page 2 of 5 RESOLUTION NO. 15-2016 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING THE PURCHASE OF A TRACT IN SECTION 34, BLOCK B-5, H.&G.N R.R. CO. ORIGINAL CANYON CITY SURVEY, RANDALL COUNTY, TEXAS, BY THE CANYON ECONOMIC DEVELOPENT CORPORATION. Item 8. Consider and Take Appropriate Action on Second and Final Reading of Resolution No.16-2016 With Regards to the Purchase of Property Located at 1312 W. Hwy 60, Canyon, Texas, by the Canyon Economic Development Corporation. City Manager Randy Criswell presented Resolution No. 16-2016 for its second and final reading. After discussion, Commissioner Richardson moved, duly seconded by Commissioner Shehan to adopt Resolution No. 16-2016 as presented. Motion carried unanimously. RESOLUTION NO. 16-2016 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING THE PURCHASE OF PROPERTY LOCATED AT 1312 HIGHWAY 60, CANYON, RANDALL COUNTY, TEXAS, BY THE CANYON ECONOMIC DEVELOPMENT CORPORATION. Item 9. Update on Enforcement of Ordinance No. 729, Pertaining to Roll-out Solid Waste Containers. City Manager Randy Criswell reported that after a citizen expressed concern about neighbors in Hunsley Hills leaving their 90-gallon roll-off solid waste containers out every day, he had reviewed the ordinance as adopted, and it appeared no penalty had been established within the original Ordinance. Upon further review, it was clear that once the Ordinance was adopted into the Code of Ordinances, the standard penalty for violation was automatically adopted. Mr. Criswell said he contacted the citizen that brought his concern to the Commission and told him Ordinance No. 729 is enforceable and does have a penalty of up to $500 per violation. Mr. Criswell said the Public Works Department was working with the City Attorney to discuss enforcement and citations for violation of the Ordinance. Mr. Criswell said Public Works had also created a notice for all Hunsley Hills residents reminding them of the law and to inform anyone using the roll-off containers that the City will begin issuing citations for violations beginning December 1, 2016. Mr. Criswell stated the citations would be handled through the City of Canyon Municipal Court. Item 10. Consider and Take Appropriate Action on Resolution No. 17-2016, Authorizing the Closure of 4th Avenue (SH 217) for the Chamber of Commerce Light Parade on December 3, 2016. City Manager Randy Criswell presented Resolution No. 17-2016 for consideration. Mr. Criswell stated the Chamber of Commerce had held a Christmas Light Parade beginning on 19th Street to 15th Street, then circling the square for the last 3 years. Mr. Criswell said the evening would include the annual Christmas tree lighting and other events as well. Mr. Criswell said this Resolution would give management rights over the square during the event and allow closure of City Commission Meeting November 7, 2016 Page 3 of 5 4th Avenue (SH 217). Mr. Criswell stated TxDOT required a Resolution be adopted by the City before they would approve the closure. After discussion, Commissioner Logan moved, duly seconded by Commissioner Richardson to adopt Resolution No. 17-2016 as presented. Motion carried unanimously. RESOLUTION NO. 17-2016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON PRESCRIBING LIMITATIONS ON PARKING OR STANDING MOTOR VEHICLES OR TRAILERS DURING A PARADE; GRANTING EXCLUSIVE MANAGEMENT RIGHTS TO THE CANYON CHAMBER OF COMMERCE OVER PUBLIC AREAS IN AND AROUND THE DOWNTOWN SQUARE FOR THE ANNUAL CHRISTMAS IN CANYON CELEBRATION TO BE HELD DECEMBER 3, 2016, IN THE CITY OF CANYON. Item 11. Consider and Take Appropriate Action on Resolution No. 18-2016 for Approval of City of Canyon’s Investment Policy. Assistant City Manager Chris Sharp presented Resolution No. 18-2016 for consideration of the City of Canyon’s Investment Policy as required by Local Government Code Chapter 2256. Mr. Sharp stated there were no major changes at this time. After discussion, Commissioner Shehan moved, duly seconded by Mayor Pro-Tem Hinders to adopt Resolution No. 18-2016 as presented. Motion carried unanimously. RESOLUTION NO. 18-2016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, RANDALL COUNTY, TEXAS, ADOPTING RULES GOVERNING THE INVESTMENT OF FUNDS OF THE CITY, AND DESIGNATING THE DIRECTOR OF FINANCE TO BE RESPONSIBLE FOR THE INVESTMENT OF CITY FUNDS. Item 12. Consider and Take Appropriate Action on Bids Received for the Wastewater System Improvements – Replacement of Conner Park Sewer Line. Public Works Director Dan Reese presented bids received for the sewer line in Conner Park. Mr. Reece said with the construction of the Family Aquatic Center, the sewer line that services the Lois Rice Pavilion will have to be relocated. The existing line from the pavilion is located immediately under the new facility’s construction. Mr. Reece said this also presents a good opportunity to replace some old sewer main downstream of the old swimming pool that’s had some problems. Mr. Reese said bids were opened Thursday, October 27, 2016 with five (5) bids received. Bid Tabulation Wastewater Collection System Improvements Replacement of Conner Park Sewer Line Canyon, Texas October 27, 2016 Bidder Base Bid Days to Complete City Commission Meeting November 7, 2016 Page 4 of 5 Wampler Construction $63,567.50 90 WTU $78,658.00 70 MH $83,474.10 120 L.A. Fuller $94,247.00 45 AUC $94,632.00 60 Mr. Reese said it was the recommendation of staff to award the bid to the low bidder, Wampler Construction for $63,567.50 with a 90-day completion. Mr. Reece said Wampler Construction is performing the demolition of the old pool and the existing sewer line, so this will help with the coordination of the two projects. Mr. Reese said the funding for the sewer line would come from the wastewater collection, sewer main budget. After discussion, Commissioner Logan moved, duly seconded by Commissioner Richardson to award the bid for the replacement of the Conner Park Sewer Line to the low bidder, Scott Wampler Construction in the amount of $63,567.50 as recommended. Motion carried unanimously. Item 13. Consider and Take Appropriate Action on Selection of Consultant for Updating the City’s Comprehensive Plan. Assistant City Manager for Special Projects Jon Behrens presented a draft RFP for the Comprehensive Plan and a request for authorization to proceed with the selection process for a consultant. Mr. Behrens said the draft RFP was based on the review of several communities RFQ’s and RFP’s. Mr. Behrens briefly went over the specifics of the proposed RFP stating the City of Canyon will have the opportunity to negotiate cost and plan elements with the highest ranked planner. Mr. Behrens said the Comprehensive Planning process would include meetings with citizens, elected officials, committee members and city staff. Mr. Behrens said the updated water and sewer studies would play a significant part in the plan and both would be completed by the time the selected firm was ready to work on the Comprehensive Plan. Mr. Behrens said as a second option the City of Canyon could work with the Houston-Galveston Area Council of Governments (HGAC). Mr. Behrens said through Plan Source, a cooperative purchasing program HGAC is associated with, we are eligible to select one of 17 pre-screened firms to perform this work. Mr. Behrens said the Plan Source program would charge a 2% project fee for use of their services. Mr. Behrens stated he was familiar with all the listed firms and knew them to be excellent. City Manager Randy Criswell said there are two decisions that can be made at this time. One is whether or not to proceed with the updating of the Comprehensive Plan. If that decision is affirmative, then the second decision is the method used to select the Consultant. We can either utilize the typical RFP process, or select a firm from the HGAC list, which would not require the issuance of any RFP’s. Criswell recommended that the typical RFP process be used, giving all firms, including local firms, an option to provide a Proposal. If that method is selected, staff will send RFPs to the firms on the HGAC list, plus all local firms. After discussion, Commissioner Shehan moved, duly seconded by Mayor Pro-Tem Hinders to authorize staff to proceed with the selection process for a consultant to work with the City of Canyon on the Comprehensive Plan. Motion carried unanimously. City Commission Meeting November 7, 2016 Page 5 of 5 Commissioner Logan moved, duly seconded by Commissioner Richardson to send out RFP’s and staff pick out the top contenders as seen fit, then present list to the City Commission to pick out the finalist, with Mayor Alexander to be included with the staff in the primary selection process. Motion carried unanimously. Item 14. Executive Session Pursuant to Texas Government Code §551.071 Consultation with Attorney, §551.072 Deliberation Regarding Real Property and §551.074 Personnel, Appointments to Boards and Committees (Board of City Development, Canyon Housing Authority, Construction Advisory and Appeals Board, Canyon Area Library Board, Planning and Zoning Commission, Parks, Open Space and Recreation Advisory Committee, Zoning Board of Adjustment, and the Canyon Main Street Advisory Board). Mayor Alexander indicated the Commission would adjourn into executive session at 6:41 pm. Item 15. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from executive session at 7:16 pm, no action was taken. Item 16. 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: Randy Criswell, City Manager Date: November 21, 2016 Re: Consider and Take Appropriate Action on Presentation from Mobilitie Regarding Request to Install Communication Towers Within Public Right-of- Ways. We’ve been having some general conversations with a company named Mobilitie, a public utility that works in the cellular network industry. I have attached information provided by them. They want to install communication towers within street and alley right of ways. I know based on past conversations and actions taken by the City Commission that you are very careful about towers in Canyon. We have a Specific Use Permit process that allows the P&Z and then you to determine if a particular location is suitable for a tower. We have always required those towers to be on private property. Mobilitie wants to use street and alley right-of-ways for their towers. We’ve explained the process for an SUP to them, but they are insistent in wanting to locate in our right- of-ways instead of private property. This is an important issue, and it’s a decision that needs to be made by you as the governing body, because if we allow it, I believe we set a precedent. I have asked Mr. Mike Arismendez with Mobilitie to make a presentation with their request. You can choose to take action or not at this time. I just want to get the information in front of you so you can direct staff as you deem appropriate. City of Canyon REGARDING ITEM 7 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: November 21, 2016 Re: Consider and Take Appropriate Action on Request from Mark Hughes, Owner of Ranch Hand Apartments, to Provide Water to An Outside City Limit Customer. I received the attached letter from Mr. Mark Hughes, owner of Ranch Hand Apartments. Mr. Hughes is asking the City to sell water to his apartment development outside the City Limits. Currently, the only water customers we have outside the City Limits are along the transmission line from the Umbarger Well Field. There are no other OCL (Outside City Limits) customers. It has been the City of Canyon’s policy for as long as I’ve known that we do NOT provide water to OCL customers. I haven’t been able to locate that as a written policy, but for at least 23 years, we’ve not deviated from that position, and I know Glen, my predecessor, also held steadfast to this policy. There really aren’t any good reasons for providing service to OCL customers as far as I’m concerned. However, some cities do it. I know Mr. Hughes is in a bind, placed on him by the TCEQ as he states in his letter, but that’s a risk he took, and places no burden on the City. At the time of the writing of this memo, we’re waiting on some information from the TCEQ that I fully expect to have before Monday’s meeting. City of Canyon RANCH HAND APARTMENTS, LLC Mark Hughes 806-433-8612 custombymark@yahoo.com PO Box 1041 Canyon, TX 79015 November 2, 2016 Randy Criswell City of Canyon 301 16th Street Canyon, TX 79015 Mr. Criswell: My name is Mark Hughes, owner of the Ranch Hand Apartments, which are west of Canyon and inside the Extra Territorial Jurisdiction (ETJ). Our goal in this business has been to provide rural living for West Texas A&M University students. Currently, the Ranch Hand Apartments are supplied water via private water wells. The Texas Commission on Environmental Quality (TCEQ) has informed us that Ranch Hand Apartments must either become its own public water system or be supplied water from the City of Canyon. To assist me in moving forward with aligning with TCEQ requirements, I have hired WM Consulting in Austin, TX. This consulting firm has recommended that I approach the City of Canyon to request a water supply. Southwest Engineers in Austin TX is also assisting Ranch Hand in moving forward. Southwest Engineers has developed a proposed cost on Ranch Hand Apartments becoming its own public water system. The total cost is estimated at $400,000. This is not a feasible cost for our small company. We are respectfully requesting that the City of Canyon consider supplying water for the Ranch Hand Apartments through its city water supply. Ranch Hand Apartment currently consists of 46 units. Our 2 year goal is to have a total of 100 apartments. We request for the City of Canyon to consider supplying water to these apartments, since they are inside the ETJ of Canyon. Our small business, the Ranch Hand Apartments, has been a successful venture thus far. The demand for a country atmosphere for West Texas A&M University students has allowed us to continue building. Thank you for the opportunity to be considered by the City of Canyon to provide a water supply for the Ranch Hand Apartments. Sincerely, Mark Hughes miles 1 km 2 feet 1000 meters 400 REGARDING ITEM 8 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: November 21, 2016 Re: Consider and Take Appropriate Action on Resolution No. 19-2016, A Resolution of the City of Canyon In Opposition to Revenue Caps and Legislative Interference With Local Services. As I’ve visited with you about throughout the budget process this past year, there is a strong expectation that the State Legislature will enact law this upcoming session that will reduce the ad valorem tax roll-back rate to 4% with a mandatory roll-back election. This is very bad policy for Cities. It doesn’t provide real tax relief to the taxpayers, and it handcuffs Cities with regard to their ability to raise the revenue necessary to conduct business and provide the level of service to our citizens they’ve come to expect. The State of Texas provides cities with not one penny to operate on, so they don’t need to be telling you, as elected officials, how to take care of your city. The State needs to mind their business and stay out of Local Government, to be frank. As a City Manager, I can make all the phone calls in the world to legislators, expressing my opinion on bills that have been filed. But the real power lies with you, the elected officials. Cities around the state are gathering steam to fight these revenue caps. One idea that we’ve had is for cities to adopt a Resolution stating formal opposition. Maybe this would have some effect on the legislators as they ponder these bills that WILL be filed. Resolution No. 19-2016 has been prepared to this effect. I think the Resolution states very well the position that cities need to take, and it is my recommendation that Resolution No. 19-2016 be adopted. City of Canyon RESOLUTION NO. 19-2016 A LOCAL RESOLUTION IN OPPOSITION TO REVENUE CAPS AND LEGISLATIVE INTERFERENCE WITH LOCAL SERVICES. WHEREAS, Texas Local Government Code 51.001 states, “the governing body of a municipality may adopt, publish, amend, or repeal an ordinance, rule, or police regulation that is for the good government, peace, or order of the municipality… and is necessary for carrying out a power granted by law to the municipality or to an office of department of the municipality”; and WHEREAS, During the 84th Legislative Session bills were introduced to cap the amount of property tax revenue cities can collect each year in an expressed effort to reduce the property tax burden on homeowners and businesses; and WHEREAS, it is likely that similar legislation will be introduced in the 85th Texas Legislative Session; and Whereas, currently, if a Texas city increases property tax collections by more than eight percent over the previous year, voters can petition for an election to rollback the increase – ensuring local direction related to large increases; and WHEREAS, bills were introduced to replace that eight percent “rollback rate” with a hard cap of four percent and require mandatory elections on an increase over four percent – all with the expressed claim that this would provide property tax relief; and WHEREAS, According to the State Comptroller’s latest survey of property tax rates in the 1,002 cities in Texas, 67 percent of cities raised their property taxes by less than four percent from 2012 to 2013 and 37 percent of cities actually reduced their property taxes; and WHEREAS, this means property owners in at least 669 Texas cities would have seen no reduction in the city property taxes if the four percent cap hand been in effect; and WHEREAS, a 4% tax increase on a $128,900 (Texas Median Home Value via 2014 American Community Survey) home in a city with a $0.5186 Ad Valorem Tax Rate (TML Reported Average Property Tax Survey – 2016 – 526 reporting ) translates to only a $28.90 annual ($2.41 monthly) increase on a household; and WHEREAS, such savings to individual taxpayers would be minuscule or non-existent, however a four percent cap could result a loss in vital city services; and WHEREAS, the reduction of city services related to increased cost and stagnant income pose a health and safety threat to the residents of Texas for years to come; and. WHEREAS, state law lists 36 functions of local governmental responsibility including police protection, fire protection, health and sanitation, street construction and maintenance, transportation systems, jails, emergency services, and public utilities including water & sewer; and WHEREAS, restrictions on the ability of local elected officials to meet local needs expressed by local citizens centralizes authority and restricts local autonomy; and WHEREAS, cities must train the autonomy to establish locally developed budgets and associated Ad Valorem tax rates at their discretion to meet the requirements of Texas Local Government Code 51.001; and WHEREAS, the City Commission of the City of Canyon finds that the most appropriate way to protect its citizens is through the establishment of a locally developed budget and Ad Valorem tax rate establishment process without undue restrictions imposed by the Texas Legislature. NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Canyon, Texas, that: 1. Imposing a revenue cap on cities (a) does not provide meaningful tax relief; (b) robs cities of the ability to meet local needs; and (c) diverts attention from other taxing entities; and 2. The City Commission opposes the legislative imposition of a revenue cap and other legislative interference with local services; and 3. The City Commission feels it is necessary to establish Ad Valorem Tax Rates locally without a revenue cap to meet the health and safety needs of residents locally through the provision of statutorily required and allowable activities. ‘PASSED AND APPROVED this 21st day of November, 2016 QUINN ALXANDER, MAYOR RANDY CRISWELL, CITY MANAGER CITY OF CANYON REGARDING ITEM 9 AGENDA To: Randy Criswell, City Manager From: Brian Noel, Parks Director Date: November 21, 2016 Re: Consider and Take Appropriate Action on Recommendation from Parks Committee on Name for new Aquatic Center On November 3, 2016, the Parks and Open Spaces Committee met and discussed the naming of the Aquatic facility. A number of names were taken via emails generated by website and Facebook postings. Those names can be seen below. After discussion of the names presented, the committee recommends the following name for the new Aquatic Center. Canyon Aqua Park Here is the memo for discussion that was presented to the Parks Committee: The time has come to discuss possible names for the Canyon Family Aquatic facility. In August we posted on the City of Canyon Facebook page that we were soliciting names. We received over 40 suggests during a two-week period. We offered a “prize” for the winning name and have identified each of the persons that submitted suggestions. If one of the suggestions is selected the individual that submitted the name will be given a prize (family pass, individual pass, “lifetime pass”, …) It is our suggestion that this committee review the names and create the initial shortlist of top potential names. If the committee feels that we need to solicit additional names, staff can look for opportunities to engage the public once again. Once this committee is satisfied with their short list staff will take the names forward to the City Commission and provide them with the opportunity to make the final selection from the names provided. I believe a couple of these names may be legal property of others, we can check into that at a later time. Potential facility names: AquaPark Conner Park Pool The Gulch Canyon Aquatic Center Conner Park Swim Center Gulch Aquatic Center Canyon Aquatic Facility Eagle Bay Palo Duro Plunge Canyon Bahama Beach Eagle Harbor Canyon Buff Wild Eagle Harbor Canyon City Plunge Eagle Waterworks Canyon City Pool Funtasia Water Park Canyon Community Beach House H2Oasis Water Park Canyon Family Water Park Jasper N. Haney Aquatics Center Canyon Harbor Lazy Lagoon Canyon Harbor Water Park Palo Duro Aqua Park City of Canyon AGENDA Canyon Pool Palo Duro Springs Canyon Rec Center Natatorium Prairie Dog Bay Canyon Swim Center Red Rock Aquatic Center Canyon Water Park Red Rock Rapids Canyon Waters The Canyon Aquaria Canyon’s Bahama Beach The Canyon Springs Canyons Castaway Cove The CAP – Canyon Aquatic Center Caprock Aquatic Center Tierra Blanca Aqua Park Conner Aquatics Center Tumbleweed Tidal Wave Conner Cove Wet’N’Wild City of Canyon REGARDING ITEM 10 AGENDA To: Randy Criswell, City Manager From: Brian Noel, Parks Director Date: November 21, 2016 Re: Consider and Take Appropriate Action on Recommendation from Parks Committee, Establishing Usage Fees and Hours of Operation for New Aquatic Center On November 3, 2016, the Parks and Open spaces committee met and voted to recommend the following fees for the new aquatic facility. Proposed Prices and Operating Hours: Hours Monday ‐ Friday 12:00 ‐ 6:00 PM Saturday 12:00 ‐ 7:00 PM Sunday 1:00 ‐ 7:00 PM Possible events that could extend operating hours: Pass Holder Nights, Special Needs Mornings, Special Event Nights (movie, family, adult, …) Prices Infant ages 3 and under FREE General Admission $8.00 including tax Season Pass Individual Pass ‐ Includes two guest passes, pass holder exclusives & 10% discount on concessions Resident Pass $135.00 including tax ‐ City Water bill required Non‐Resident Pass $165.00 including tax Family Pass – Unlimited number of immediate family members and includes four guest passes, pass holder exclusives & 10% discount on concessions Resident Pass $380.00 including tax ‐ City Water bill required Non‐Resident Pass $435.00 including tax Guest Pass Package 10 Visit Pass – Includes 10 guest passes $72 20 Visit Pass – Includes 20 guest passes $134 Pavilion Rental Round Pavilion (30ft. diameter) $40.00 per 2 hours Rectangle Pavilion (20ft. x 30ft.) $30.00 per 2 hours Birthday Party Pack $105.00 per 2 hours Includes cake, one drink and individual ice cream treats for ten (10) guest. Park admission not included. Facility Rental The facility may be reserved for private parties during non‐public swim hours. All rentals are a minimum of 2 hours and require a deposit at the time of reservation. Entire Facility Rental $825.00 Available 7 – 9 PM and/or 8 – 10 PM Sun. through Fri. and Sat 8 – 10 PM Lap Pool Rental $275.00 Available 7 – 9 PM and/or 8 – 10 PM Sun. through Fri. and Sat. 8 – 10 PM Slide Pool Rental $575.00 Available 7 – 9 PM and/or 8 – 10 PM Sun. through Fri. and Sat. 8 – 10 PM Lap Pool One (1) Hour Rental $150.00 Available 7 – 8 PM, 8 – 9 PM, 9 – 10 PM Sun. through Sat. Swim Team Practice 8 – 9 AM Mon. through Fri. $2.00 per swimmer. No passes allowed for swim team practice. Swim Meet rates to be determined Lap Swimmers 9 – 10 AM Mon. through Fri. $2.00 per swimmer. No passes allowed for lap swimming. 2016‐17 Swimming pool budget plan Revenue: # AVG Dollar Amount Park Entrance Fees 45000 7 $315,000.00 Yearly Passes ind 10 150 $1,500.00 resident 60 100 $6,000.00 family 10 400 $4,000.00 resident 50 350 $17,500.00 Swim Lessons 240 40 $9,600.00 10 swim pass 10 60 $600.00 resident 10 50 $500.00 20 swim pass 5 120 $600.00 resident 20 90 $1,800.00 Birthday party packs 25 75 $1,875.00 Round Pavilion Rental/2 hr 45 50 $2,250.00 Square Pavilion Rental/2 hr 30 75 $2,250.00 Party Rental/2 hr 15 750 $11,250.00 14 guards, 2 concession, 1 admission, 1 lead guard, 1 asst. mgr Lap Pool Party Rental/ 2 hr 50 250 $12,500.00 6 guards, 2 concession workers, 1 admission, 1 lead guard, 1 asst. mgr Slide Pool Party Rental/2 hr 15 550 $8,250.00 12 guards, 2 cocession workers, 1 admission, 1 lead guard, 1 asst mgr Lap Pool rental/ 1 hr 75 100 $7,500.00 6 guards, 1 lead guard Concession 45000 2.7 $121,500.00 Labor=30% of concession revenue: 36450 Total Revenue $524,475.00 Expenses: Tot on duty Hrs Pay 45 Lifeguards 14 17640 8.5 $149,940.00 30 hrs per guard per week for 13 of the 15 week season 6 Lead Guards 2 2520 9.25 $23,310.00 32 hrs per guard per week for 13 of the 15 week season 3 Asst. Mgr 1 1260 10.25 $12,915.00 32 hrs per mgr per week for 13 of the 15 week season 1 Manager $20,000.00 8 Concession Workers 3 3360 8.5 $28,560.00 32 hrs per concession worker per week for 13 of the 15 week season 5 Admission Workers 5 2100 8.5 $17,850.00 32 hrs per admission worker per week for 13 of the 15 week season Accountin Mgr. 3 hrs daily 1 315 10 $3,150.00 Concession Purchases $75,000.00 Gas $21,000.00 Electricity $21,000.00 Advertising $40,000.00 Training $7,500.00 Employment expenses $6,500.00 apparell $18,000.00 Chemicals $22,000.00 Minor equiment $41,240.00 capital‐new pool furniture(33250.00),concession equip‐(8000.00) Cleaning supplies $3,500.00 office supplies $1,500.00 $512,965.00 City of Canyon

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