City of Canyon Commission Meetings
Regular MeetingCanyon, TX · November 21, 2016
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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