Muyni
← Back to Canyon

City of Canyon Commission Meetings

Regular Meeting

Canyon, TX · March 6, 2017

AgendaMinutes

Minutes

City Commission Meeting March 6, 2017 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 Quinn Alexander presided over the meeting with the following Commissioners in attendance, Mayor Pro-Tem Gary Hinders, 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 Public Works Dan Reese, Business and Community Development Director Evelyn Ecker, Director of Parks and Recreation Brian Noel, Director of Code Enforcement Danny Cornelius, 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 Parks and Recreation Director Brian Noel. Item 4. Public Comment – Comments from In Interested Citizens. No comments were made. Item 5. Approval of Minutes of the Meeting of February 20, 2017. Commissioner Shehan moved, duly seconded by Commissioner Richardson, to approve the minutes of February 20, 2017 as presented. Motion carried unanimously. Item 6. Conduct First Public Hearing on Ordinance No. 1056, An Ordinance to Annex Property Adjacent to Valleyview Drive as Requested by Property Owner Matthew Scott Gonzales and Terilynn Coleman-Gonzales. City Manager Randy Criswell presented Ordinance No’s 1056 and 1057 for the first of two required readings and Public Hearings. Mr. Criswell said the two tracts of land to be voluntarily annexed will be the site of a new apartment complex. Mayor Alexander opened the public hearing for Ordinance No. 1056. There being no comment, Mayor Alexander closed the public hearing. No action required on the first reading. ORDINANCE NO. 1056 ANNEXING TERRITORY TO THE CITY OF CANYON Matthew Scott Gonzales and Terilynn Coleman-Gonzales AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, City Commission Meeting March 6, 2017 Page 2 of 6 EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. Item 7. Conduct First Public Hearing on Ordinance No. 1057, An Ordinance to Annex Property Adjacent to Valleyview Drive as Requested by Property Owner Enchanted Star Homes, LLC, A New Mexico Limited Liability Company. Mayor Alexander opened the public hearing for Ordinance No. 1057. There being no comment, Mayor Alexander closed the public hearing. No action required on the first reading. ORDINANCE NO. 1057 ANNEXING TERRITORY TO THE CITY OF CANYON ENCHANTED STAR HOMES, LLC, a New Mexico Limited Liability Company AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. Mayor Alexander moved to Item 9. Item 9. Consider and Take Appropriate Action on Policies and Procedures for Community Garden. City Manager Randy Criswell said with increased interest in Community Gardens, Parks and Recreation Director Brian Noel created a Community Garden at Paul Lyndsey Park as a trial last summer. Mr. Criswell said the Parks Department tilled up and composted 22 plots of 4’ X 20’ that any resident could rent for $10.00 with 15% of their crop being available to anyone that wanted it. Mr. Criswell said it was pretty successful last year even though not many knew about it. Mr. Criswell said the Canyon Kiwanis Club recently came to him asking for assistance with a Community Garden they operate on private property at 2nd Avenue and 20th Street. Mr. Criswell said the Kiwanis Club does all the work, plants all the vegetables, paid for the water purchased from a next-door neighbor, and gave all the vegetables to the public. Mr. Criswell said the Kiwanis Club asked if an arrangement could be made with the City of Canyon to reduce the water costs as they paid over $500 last year. Kiwanis Club members Don Dolle and Rudy Rivas were present to answer any questions. Mr. Criswell stated staff needed direction from the Commission on if they supported the Community Garden at Paul Lyndsey Park and fees charged; and if the City of Canyon could provide assistance in any way to the Kiwanis Club or any other group asking for assistance with a Community Garden. After discussion, Commissioners directed staff to work on a policy for Community Gardens and define what a Community Garden is. Commissioners requested that City Attorney Chuck Hester City Commission Meeting March 6, 2017 Page 3 of 6 prepare an amendment to the water rate ordinance defining how water would be charged based on a per square foot usage. Mayor Alexander moved to Item 8 on the Agenda. Item 8. Consider and Take Appropriate Action on Fees for Canyon Aqua Park. Parks and Recreation Director Brian Noel presented a revised recommendation for fees for Canyon Aqua Park as directed by the City of Canyon Commission at the November 11, 2017 Commission meeting. Mr. Noel stated the Parks Committee agreed to recommend fees for Canyon Aqua Park (The CAP) increasing non-resident pass fees to at least $100 more than resident passes. Entrance 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 $216.00 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 $490.00 including tax Guest Pass Package 10 Visit Pass – Includes 10 guest passes $72 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 City Commission Meeting March 6, 2017 Page 4 of 6 Lap Swimmers 9 – 10 AM Mon. through Fri. $2.00 per swimmer. No passes allowed for lap swimming. Mayor Alexander asked what would determine a resident vs a non-resident. Mr. Noel stated people would have to possess a City of Canyon water bill to determine residency in the city limits. Mayor Pro-Tem Hinders asked if consideration would be given for the lap pool for people that work during normal CAP hours. Mr. Noel stated with this being the first year opened, there would be many tweaks made to scheduling and pricing. Commissioner Logan said language for the Guest Pass Package made it sound as if it included a total of 20 passes and suggested it be changed to clarify it was only 10 passes. After discussion, Commissioner Logan moved, duly seconded by Commissioner Shehan to approve the fees as presented with changes to language on the Guest Pass Package clarifying it’s only 10 passes total for $72.00. Motion carried unanimously. Item 10. Consider and Take Appropriate Action on Discussion of Impact Fees. City Manager Randy Criswell stated Commissioner Shehan had requested to have the Discussion of Impact Fees on the Agenda. Mr. Shehan stated he felt the City should implement Impact Fees so things are fair across the board to all new developers. Mr. Shehan said cost should be based on usage from each subdivision with the city paying for oversizing lines to accommodate future growth. Commissioner Logan said he felt if Canyon imposed impact fees and Amarillo does not, it will encourage potential developers to build in Amarillo, not Canyon. Mayor Alexander clarified that Amarillo does not have impact fees. Mayor Alexander stated he felt consideration needed to be given to a development agreement and impact fees based on sewer and water only and suggested the City Engineer look at the numbers to develop a minimum fee. After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Shehan for City Staff to begin work on a Development Policy, and to have the City Engineer calculate the impact costs for the Madison Park and other expected development based on the costs of both the north water transmission line project and the recently awarded wastewater system improvements. Motion carried unanimously. Item 11. Consider and Take Appropriate Action Resolution No. 05-2017, Supporting the Extension of I-27 In Correlation to the Ports to Plains Corridor. City Manager Randy Criswell presented Resolution No. 05-2017 for consideration. Mr. Criswell said the City of Canyon was a member of the Ports-to-Plains coalition at one time with the membership dropped due to lack of progress by the coalition. Mr. Criswell said there is a new push and Canyon has been asked to support the extension of I27 to the north and the south by way of resolution. After discussion, Commissioner Logan moved, duly seconded by Commissioner Shehan to adopt Resolution No. 05-2017 as presented. Motion carried unanimously. RESOLUTION NO. 05-2017, A RESOLUTION SUPPORTING THE EXTENSION OF INTERSTATE 27 BOTH NORTH AND SOUTH. City Commission Meeting March 6, 2017 Page 5 of 6 Item 12. Consider and Take Appropriate Action on Ordinance No. 1058, An Ordinance Approving Atmos Rate Review Mechanism Agreement. After discussion, Commissioner Richardson moved, duly seconded by Commissioner Shehan to adopt Ordinance No. 1058 as presented. Motion carried unanimously. ORDINANCE NO. 1058 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS WEST TEXAS CITIES STEERING COMMITTEE (“WTX CITIES”) AND ATMOS ENERGY CORP., WEST TEXAS DIVISION REGARDING THE COMPANY’S 2016 RATE REVIEW MECHANISM (“RRM”) FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; ESTABLISHING A PROCESS FOR RENEGOTIATING THE RRM TARIFF IN 2017; REQUIRING THE COMPANY TO REIMBURSE CITIES’ REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE WTX CITIES’ LEGAL COUNSEL. Item 13. Discussion on SB 2 Pertaining to Revenue Caps. Commissioner Shehan requested an audience with the City Commissioners. Mr. Shehan stated he had met with Legislators and discussed the potential passage of SB2. Mr. Shehan said that Representatives Smithee and Price both felt the momentum of SB2 was declining and even thought the Senate will probably pass the Bill, the House would not. Mr. Shehan encouraged all to contact local Legislators and let them know we oppose this Bill due to all the negative effects on Local Government. Item 14. Executive Session Pursuant to Texas Government Code §551.087 for Economic Development. Mayor Alexander indicated the Commission would adjourn into Executive Session at 7:03 pm. Item 15. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 8:01 pm, no action was taken. Item 16. Adjournment There being no further business, Mayor Pro-Tem Hinders moved this meeting be adjourned. City Commission Meeting March 6, 2017 Page 6 of 6 ______________________________ 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 March 2017, 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. Public Comment – Comments from Interested Citizens. 5. Approval of the Minutes of the Meeting of February 6, 2017. 6. Conduct First Public Hearing on Ordinance No. 1056, An Ordinance to Annex Property adjacent to Valleyview Drive as requested by property owner Matthew Scott Gonzales and Terilynn Coleman- Gonzales. 7. Conduct First Public Hearing on Ordinance No. 1057, An Ordinance to Annex Property Adjacent to Valleyview Drive as Requested by Property Owner Enchanted Star Homes, LLC, A New Mexico Limited Liability Company. 8. Consider and Take Appropriate Action on Fees for Canyon Aqua Park. 9. Consider and Take Appropriate Action on Policies and Procedures for Community Gardens. 10. Consider and Take Appropriate Action on Discussion of Impact Fees. 11. Consider and Take Appropriate Action on Resolution No. 05-2017, Supporting the Extension of I-27 In Correlation to the Ports to Plains Corridor. 12. Consider and Take Appropriate Action on Ordinance No. 1058, An Ordinance Approving Atmos Rate Review Mechanism Agreement. 13. Discussion on SB 2 Pertaining to Revenue Caps. 14. Executive Session Pursuant to Texas Government Code §551.087 for Economic Development. 15. Consider and Take Appropriate Action on Items Discussed in Executive Session. 16. 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 March 2017. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting February 20, 2017 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 Quinn Alexander presided over the meeting with the following Commissioners in attendance, Mayor Pro-Tem Gary Hinders, 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 Public Works Dan Reese, Director of Parks and Recreation Brian Noel, Code Enforcement Inspector Stan Barnard, City Attorney Chuck Hester, and City Engineer Dwight Brandt. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:33 p.m. Item 2. Invocation. Commissioner Richardson gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by City Secretary Gretchen Mercer. Item 4. Approval of Minutes of the Meeting of February 6, 2017. Commissioner Logan moved, duly seconded by Mayor Pro-Tem Hinders, to approve the minutes of February 6, 2017 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from In Interested Citizens. No comments were made. Item 6. Consent Agenda: It is recommended that the following items be approved. A. Plat for Southcrest Addition Unit No. 1 as Recommended by the Canyon Planning and Zoning Commission. B. Plat for West Highway 60 South Addition Unit No. 1 as Recommended by the Canyon Planning and Zoning Commission. C. Recommendations from Board of City Development (BCD) for 2017 Budget. D. Approval of the Canyon Aqua Park Logo. Due to Conflicts of Interest, Consent Items B and C were removed for separate consideration. City Commission Meeting February 20, 2017 Page 2 of 2 Commissioner Richardson moved, duly seconded by Commissioner Logan to approve Consent Items A and D as presented. Motion carried unanimously. Commissioner Logan moved, duly seconded by Mayor Pro-Tem Hinders to approve Consent Item B as presented. Motion carried with Commissioner Shehan abstaining. Commissioner Shehan moved, duly seconded by Commissioner Richardson to approve Consent Item C as presented. Motion carried with Mayor Alexander abstaining. Item 7. Consider and Take Appropriate Action on Bids for Replacement of Lift Station No. 4 and Associated Pipeline Work. City Manager Randy Criswell presented bids to the City Commission and recapped discussion on the bid for the replacement of Lift Station No. 4 and the pipeline from the meeting held February 06, 2017. Mr. Criswell stated the current bid will expire Saturday, February 25, 2017 and needed to be awarded before that deadline. Mr. Criswell reported that as directed at the last meeting, he had visited with the developers of Madison Park and Canyon Crestview Estates, and neither developer made any commitment to participating in the cost of the sewer line to their developments. Mr. Criswell said Canyon has never implemented impact fees and didn’t feel the City could justify charging them at this time without a policy in place. Mr. Criswell said staff was recommending the City award the Base Bid and Alternate Bid No. 1, not Alternate Bid No. 2. Alternate No. 2 will be renegotiated and added back into the project via Change Order which will result in a savings of about $100,000. Mr. Criswell stated the line would be paid for with $1,100,000 encumbered funds for this purpose and the remainder out of reserves as supported by the City Commission at the February 06, 2017 meeting. After discussion, Commissioner Logan moved, duly seconded by Commissioner Richardson to award the Base Bid and Alternate Bid No. 1 for the amount of $3,420,609.00 as recommended by City Staff and the City Engineer to L.A. Fuller and Sons Construction, LTD. Commissioner Richardson clarified that that amount is with zero participation from the developers. Motion carried 4 to 1 with Commissioner Shehan voting against. Item 8. 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 & 7 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: March 6, 2017 Re: Item No. 6 and Item No. 7: Conduct Public Hearings on Annexation Ordinances 1056 and 1057. Items No. 6 and No. 7 are for Public Hearings for Ordinances Numbered 1056 and 1057, annexing the properties shown in the attached photo. These are the two tracts of land that will be combined and used to build a new apartment complex. The action necessary tonight is to conduct a public hearing on each Ordinance. Item No. 6: Conduct Public Hearing on Ordinance No. 1056, annexing the first tract. Item No. 7: Conduct Public Hearing on Ordinance No. 1057, annexing the second tract. No other action is required at this time. City of Canyon ANNEXATION CALENDAR January 23, 2017 Initiate annexation and adopt annexation calendar. February 19, 2017 Post Notice of First Public Hearing on City of Canyon internet website; Notice of Public Hearings to be published in the Canyon News; Notify CISD, Randall County, Texas Department of Transportation and any railroad company having right of way affected by the proposed annexation. February 26, 2017 Publish Notice of First and Second Public Hearings in the Canyon News March 3, 2017 Post Notice of First Public Hearing pursuant to Open Meetings Act. March 5, 2017 Publish Notice of Second Public Hearing in the Canyon News March 6, 2017 Hold First Public Hearing March 17, 2017 Post Notice of Second Public Hearing pursuant to Open Meetings Act. March 20, 2017 Hold Second Public Hearing April 3, 2017 Consider and act upon annexation ordinance. ADOPTED ON JANUARY 23, 2017. QUINN ALEXANDER, Mayor ATTEST: GRETCHEN MERCER, City Clerk 1 ORDINANCE NO. 1056 ANNEXING TERRITORY TO THE CITY OF CANYON Matthew Scott Gonzales and Terilynn Coleman-Gonzales AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. WHEREAS, the TEXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon authorizes the annexation of the territory described in this Ordinance subject to the laws of the State of Texas; and, WHEREAS, the procedures prescribed by the TEXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon and the other laws of the State of Texas have been duly complied with and followed with respect to the annexation of the following described territory, to wit: METES AND BOUNDS DESCRIPTION 4.40+ ACRES TRACT #1: A 4.40 acre tract of land out of Section 32, Block B5, H.&G.N. Railroad Company Survey, Randall County, Texas, also being that same tract of land as described in Warranty Deed with Vendorʹs Lien in Volume 1766, Page 243, Deed Records of Randall County, Texas, and being further described by metes and bounds as follows: BEGINNING at a railroad spike found for the Southeast corner of Section 32; THENCE North 89 degrees 23 minutes 27 seconds West, along the South line of Section 32, at a distance of 30 feet pass a 1/2 inch iron rod with cap stamped ʺRPLS 2507ʺ found for reference in the West physical line of Valley View Road, continue for a total distance of 406.30 feet to a 1/2 inch iron rod found; THENCE North 00 degrees 25 minutes 27 seconds East, a distance of 471.76 feet to a fence post at corner; THENCE South 89 degrees 23 minutes 22 seconds East, at a distance of 380.30 feet pass a 1/2 inch iron pipe found in the West physical line of Valley View Road, continue for a total distance of 406.30 feet to a point in the East line of Section 32; THENCE South 00 degrees 25 minutes 27 seconds West, along the East line of Section 32, a distance of 471.75 feet to the PLACE OF BEGINNING. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1.: That the property hereinabove described is hereby annexed to the City of Canyon, a home rule municipal corporation in Randall County, Texas, and that the boundary limits of the City of Canyon be and the same are hereby extended to include the above-described territory within the city limits of the City of Canyon and the same shall hereafter be included within the territorial limits of said City and the inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens the City of Canyon and shall be bound by the acts, ordinances, resolutions and regulations of the City of Canyon. The City Clerk of the City of Canyon is hereby directed to file with the County Clerk of Randall County, Texas, a certified copy of this Ordinance to evidence the annexation of the territory herein described and the extension of the city limits of the City to include all such property. ADOPTED by the City Commission of the City of Canyon on April ____, 2017. _______________________________________ QUINN ALEXANDER, Mayor ATTEST: _____________________________________ GRETCHEN MERCER, City Clerk (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF RANDALL § This instrument was acknowledged before me on the day of April, 2017, by QUINN ALEXANDER, Mayor of the City of Canyon, Texas. _____________________________________________ Notary Public, State of Texas Commission Expires: AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: HESTER, MCGLASSON & COX HESTER, McGLASSON & COX 1507 Fourth Avenue 1507 Fourth Avenue Canyon, Texas 79015 Canyon, Texas 79015 2 ORDINANCE NO. 1057 ANNEXING TERRITORY TO THE CITY OF CANYON ENCHANTED STAR HOMES, LLC, a New Mexico Limited Liability Company AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. WHEREAS, the TEXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon authorizes the annexation of the territory described in this Ordinance subject to the laws of the State of Texas; and, WHEREAS, the procedures prescribed by the TEXAS LOCAL GOVERNMENT CODE and the municipal charter of the City of Canyon and the other laws of the State of Texas have been duly complied with and followed with respect to the annexation of the following described territory, to wit: METES AND BOUNDS DESCRIPTION 5.10+ ACRES TRACT #1: A 5.10 acre tract of land out of Section 33, Block B5, H.&G.N. Railroad Company Survey, Randall County, Texas, also being that same tract of land as described in Warranty Deed of record under Clerkʹs File No. 2016006518, Official Public Records of Randall County, Texas, and being further described by metes and bounds as follows: BEGINNING at a railroad spike found for the Northeast corner of Section 33, Block B5; THENCE South 00 degrees 25 minutes 27 seconds West, along the East line of Section 33, a distance of 492.02 feet to a point; THENCE North 89 degrees 23 minutes 27 seconds West, at a distance of 30.00 feet pass a 3/8 inch iron rod with cap stamped ʺHBDʺ set for reference, continue for a total distance of 452.22 feet to a pk nail in concrete of post found; THENCE North 00 degrees 38 minutes 36 seconds East, a distance of 492.02 feet to a point; THENCE South 89 degrees 23 minutes 27 seconds East, at a distance of 420.34 feet pass a 1/2 inch iron rod with cap stamped ʺRPLS 2507ʺ found in the West physical line of Valley View Road, continue for a total distance of 450.34 feet to the PLACE OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; 1 SECTION 1.: That the property hereinabove described is hereby annexed to the City of Canyon, a home rule municipal corporation in Randall County, Texas, and that the boundary limits of the City of Canyon be and the same are hereby extended to include the above-described territory within the city limits of the City of Canyon and the same shall hereafter be included within the territorial limits of said City and the inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens the City of Canyon and shall be bound by the acts, ordinances, resolutions and regulations of the City of Canyon. The City Clerk of the City of Canyon is hereby directed to file with the County Clerk of Randall County, Texas, a certified copy of this Ordinance to evidence the annexation of the territory herein described and the extension of the city limits of the City to include all such property. ADOPTED by the City Commission of the City of Canyon on April ____, 2017. _______________________________________ QUINN ALEXANDER, Mayor ATTEST: _____________________________________ GRETCHEN MERCER, City Clerk (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF RANDALL § This instrument was acknowledged before me on the day of April, 2017, by QUINN ALEXANDER, Mayor of the City of Canyon, Texas. _____________________________________________ Notary Public, State of Texas Commission Expires: AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: HESTER, MCGLASSON & COX HESTER, McGLASSON & COX 1507 Fourth Avenue 1507 Fourth Avenue Canyon, Texas 79015 Canyon, Texas 79015 2 REGARDING ITEM 8 AGENDA To: Randy Criswell, City Manager From: Brian Noel, Parks Director Date: February 27, 2017 Re: Consider and Take Appropriate Action On Recommendation From The Parks Committee, Establishing Usage Fees and Hours of Operation for The Canyon Aqua Park. November 11, 2016, the Parks Committee presented a recommendation of usage fees and hours for Canyon Aqua Park. After discussion, the City Commission directed the Parks Committee to consider some changes to the fees for non-resident pricing for daily use and season passes. Two options considered by the Parks Committee were to raise non-resident fees originally proposed to the City Commission, or eliminate the non-resident passes. After consideration, the fees for non-resident use have been increased with approval of the Parks Committee. Staff would support either decision. Proposed Pricing: 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 $216.00 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 $490.00 including tax Guest Pass Package 10 Visit Pass – Includes 10 guest passes $72 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. It is Staff’s recommendation that the Usage Fees and Hours be approved as recommended by the Parks Committee. 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 REGARDING ITEM 9 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: March 6, 2017 Re: Consider and Take Appropriate Action on Policies and Procedures for Community Gardens. Last summer, Brian approached me about creating a Community Garden at Paul Lyndsey Park. I thought it was an excellent idea, so I gave him the go ahead to proceed. The Parks Department tilled up and composted 22 plots of 4’ x 20’ size, and for $10, any resident (first come basis) could rent a plot and have a garden. The arrangement was that at least 15% of what they grew had to be available to anyone else who wanted it. The area was fenced, and from that point on, all maintenance and care were the responsibility of the renter. This was pretty successful last summer, but not widely known about or used by a lot of people. Most of the plots were rented by one individual who ended up growing so much she had difficulty giving it all away. I was recently approached by the Kiwanis Club asking about help with a Community Garden they operate at 2nd Avenue/20th Street. In the past, they’ve done all the work, planted all the vegetables, paid for water (purchased from a next-door neighbor), and given the vegetables totally to the public. They came to me asking if an arrangement could be made to reduce their water costs, as last summer they paid over $500 for water from the neighbor. I told them I wasn’t able to give them discounted water, but the City Commission could, if you chose to. After visiting with Chuck, he recommended that you, the City Commission, be the decision makers on how to deal with Community Gardens. We’ve attempted to research this issue, but there aren’t many examples. The only one I can find in this area is Plainview, where the City built some raised beds, and provides them for free to citizens, including free water, and it is on City owned property. Staff needs direction from you on this issue. a. Do you support the garden at Paul Lyndsey Park, and if so, what do you feel is an appropriate charge to renters? b. Do you wish to provide assistance in any way to the Kiwanis Club or anyone else who comes forward asking for assistance with a Community Garden? City of Canyon REGARDING ITEM 11 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: March 6, 2017 Re: Consider and Take Appropriate Action on Resolution Number 05-2017, Supporting the Extension of I-27 In Correlation to the Ports-To-Plains Corridor. I’m, sure you’ve all heard of the Ports-to-Plains Corridor, which was a notion conceived several years ago to extend I27 both north and south. This was in conjunction with NAFTA at the time. The City of Canyon was a member of the Ports-to-Plains coalition at one time, but that membership was dropped due to a lack of progress on the part of the coalition, and what seemed to be a fruitless effort, especially when there seemed to be no interest on the part of the Federal Government (and maybe even Texas) to find the funding for the construction. However, recently there is a push again, and we’ve been asked to consider the attached Resolution, simply stating the City of Canyon’s support for the extension of I27 both to the north and to the south. An information sheet has been included with the Resolution and this memo. I certainly see no reason to oppose this effort, so I would recommend that Resolution No. 05-2017 be approved. City of Canyon RESOLUTION NO. 05-2017 WHEREAS, Congress has already designated the Ports-to-Plains Corridor in Texas as a High Priority Corridor on the National Highway System; and WHEREAS, the Texas Department of Transportation published an Initial Assessment Report on the Extension of I-27/Ports to Plains Corridor in November , 2015 which stated: “The corridor will continue to be a critical link to state, national and international trade, growing population centers and critical energy and agricultural business sectors”; and WHEREAS, according to the Texas Freight Mobility Plan, “By 2040 over 73 percent of Texas’ population and 82 percent of the state’s employment is projected to be located within five miles of an interstate”; and WHEREAS, Texas has no major north-south interstate west of Interstate 35; and WHEREAS, the Texas Freight Mobility Plan notes that further investment alone on I-35 will not fix the problem saying, “The state must focus not only on improving existing facilities, but also on developing future freight corridors to move products to markets and exports”; and WHEREAS, the Texas Freight Mobility Plan goes on to recommend that TxDOT, “give additional consideration to the extension or designation of other interstate routes. Examples include I-27 and upgrades to portions of US Highway 190 to interstate standards”; and WHEREAS, the proposed extension of Interstate 27 connects major West Texas population and economic centers including Amarillo, Lubbock, Midland-Odessa and San Angelo in addition to numerous smaller communities; and WHEREAS, the proposed extension of Interstate 27 intersects with Interstate 40, Interstate 20 and Interstate 10; and WHEREAS, the proposed extension of Interstate 27 will serve three border crossings with Mexico at Del Rio, Eagle Pass and Laredo; and WHEREAS, the proposed extension of Interstate 27 will be a major backbone for the energy industry in Texas serving top oil and gas producing counties as well as the growing wind energy industry; and WHEREAS, the proposed extension of Interstate 27 will also serve the agriculture industry including many of Texas top counties for the production of cotton, cattle, sheep and goats and other commodities; and WHEREAS, a future Interstate designation could be a significant new economic development tool for communities along the corridor. Site selectors for manufacturers, warehousing and distribution recommend sites along an interstate highway and travel services businesses such as hotels, truck stops, convenience stores and restaurants, which can have a dramatic impact on small communities could also expand. This could create much needed new jobs and expanded tax base in rural West Texas; and WHEREAS, while designation as a future interstate is the first step in a very long process before the completion of an interstate highway, that does not lessen the importance of extending Interstate 27. WHEREAS, possible routes north of the City of Amarillo include Potter, Oldham, Moore, Hartley, Dallam, and Sherman Counties. These counties fall into the same categories of need for and benefits from economic expansion and infrastructure improvement noted above. The north expansion of I-27 in Texas is as important to Texas as the southern expansion. WHEREAS, improvements to State Loop 335 around Amarillo are key to all benefits associated with any expansion of I-27 to either/both the north and south because of its current status as a weak link in the system. NOW, THEREFORE, be it resolved by the City of Canyon Commission: 1. The City of Canyon Commission supports the extension of Interstate 27 both North and South, and as such agrees to submit this resolution to state and federal legislators representing the region as well as the Texas Transportation Commission. 2. Support for the expansion of I-27 to the North and South is not and should not be done so at the expense of supporting improvements to State Loop 335 because of the key nature of State Loop 335 to the benefits of I-27 expansion. CONSIDERED AND APPROVED THIS 6TH DAY OF MARCH, 2017. ___________________________________ QUINN ALEXANDER, MAYOR ATTEST: ___________________________________ Gretchen Mercer, City Clerk REGARDING ITEM 12 AGENDA To: Randy Criswell, City Manager From: Chris Sharp, Assistant City Manager Date: March 3, 2017 Re: Discuss and Take Appropriate Action on Ordinance No. 1058, An Ordinance Approving Atmos Rate Review Mechanism Agreement The City Canyon, along with other similarly situated cities served by Atmos Energy Corp., is a member of the Steering Committee of Cities Served by Atmos West Texas. On December 1, 2016, Atmos West Texas filed with the City a Rate Review Mechanism filing (“RRM”) to reflect a system-wide cost of service increase in the amount of $12.7 million of which $5.15 million was attributed to the West Texas Cities Rate Division. The City worked with the WTX Cities to analyze the schedules and evidence offered by Atmos West Texas to support its request to increase rates. The settlement is the result of negotiations between the WTX Cities Executive Committee and the Company to resolve issues raised by the WTX Cites during the review and evaluation of Atmos West Texas’ filing. The settlement will increase the Company’s revenues by $4.2 million for the West Texas Cities Rate Division, effective for bills rendered on or after March 15, 2015. The monthly customer charge will increase by $2.11. Please note that at the time of this writing, we had not yet received the sample ordinance from our consultant. As soon as we reveive it, I’ll forward it to you. Recommendations: Staff recommends approval of Ordinance No. 1058 allowing for an increase in the Rate Review Mechanism filed by Atmos Energy. City of Canyon REGARDING ITEM 13 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: March 6, 2017 Re: Discussion Pertaining to SB2, Revenue Caps. You recently adopted a Resolution that was forwarded to the PRPC and then to Austin, opposing any kind of revenue caps, specifically the one that seems to have some steam, that being SB1. Commissioner Shehan has visited with some of our elected officials, and he has some information he’d like to share with all of you. City of Canyon

Get email alerts for Canyon

A daily email when new agendas and minutes are posted.

Report an issue with this meeting