City of Canyon Commission Meetings

City Commission Meeting March 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 Parks and Recreation Brian Noel, Director of Code Enforcement Danny Cornelius, City Engineer Dwight Brandt, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:36 p.m. Item 2. Invocation. Mayor Pro-Tem Hinders gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Code Enforcement Director Danny Cornelius. Item 4. Public Comment – Comments from Interested Citizens. No comments were made. Item 5. Approval of Minutes of the Meeting of March 6, 2017. Commissioner Shehan moved, duly seconded by Commissioner Logan, to approve the minutes of March 6, 2017 as presented. Motion carried unanimously. Item 6. Consider and Take Appropriate Action on Construction Progress Report on Canyon Aqua Park. Assistant City Manager for Special Projects Jon Behrens gave a presentation with a slide show of progress on the Canyon Aqua Park (the CAP). There was brief discussion on if the available parking for the CAP would meet the needs. Staff was directed to put an item on the next agenda with regard to parking and financials. Item 7. Consider and Appropriate Action on 2015-2016 Audit as Presented by the Audit Committee and Doshier, Pickens & Francis. John Merriss of Doshier, Pickens & Francis presented the City of Canyon 2015-2016 Audit. Mr. Merriss stated the City was issued a “clean audit opinion” and commended Finance Director Chris Sharp, City Manager Randy Criswell, Joel Wright of Tate and Cox, P.C., and staff for being organized and very efficient. Mr. Morris highlighted the audit and answered questions from the Commissioners. City Commission Meeting March 20, 2017 Page 2 of 4 After discussion, Commissioner Shehan moved, duly seconded by Commissioner Richardson to approve the 2015-2016 Audit as presented. Motion carried unanimously. Item 8. Consider and Take Appropriate Action Upon Request to Release Deed of Trust and Possibility of Reverter Relating to the Lone Star Dairy Products, LLC Project Without Prejudice to the Project Funding Agreement and Real Estate Lien Note. City Attorney Chuck Hester addressed the Commission. Mr. Hester said the Lone Star financing arrangements are ongoing and unnecessarily time consuming with regard to requests for subordination agreements. Mr. Hester stated now that the plant is constructed and meets the standards of good workmanship and quality, the objective has been accomplished. Mr. Hester said there is no longer any need for the City of Canyon or the Canyon Economic Development Corporation to remain involved in the details of Lone Star Dairy Products financing plans. After discussion, Mayor Pro-Tem Hinders moved, duly seconded by Commissioner Logan to release the Deed of Trust lien and grant reverter and authorize the City Manager to sign any necessary documents to carry out the authorization. Motion carried unanimously. Item 9. Consider and Take Appropriate Action on Community Garden Policy. City Manager Randy Criswell presented a draft policy for community gardens as directed by the City Commission. After discussion, Commissioners said they liked the direction the policy was going and asked Mr. Criswell to continue with developing the Community Garden Policy. Item 10. Conduct Second 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. 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 second 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, 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 11. Conduct Second 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. City Commission Meeting March 20, 2017 Page 3 of 4 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 second 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. Item 12. Hear and Discuss Report from USACE on Possible Flood Feasibility Study for Palo Duro Creek. City Manager Randy Criswell gave a brief history of a grant the City of Canyon received from the Texas Water Development Board for a Flood Planning Study for Palo Duro Creek, which was completed in 2011. Mr. Criswell said the report generated from that study made some general recommendations as to flood mitigation on the creek, but United States Army Corps of Engineers (USACE) had no funding to proceed any further. Mr. Criswell said in 2014 the USACE had notified him of the availability of up to $100,000 for the Corps to expand on the initial feasibility analysis which Mr. Criswell authorized them to do. The purpose of the expanded feasibility analysis would be to determine if Palo Duro Creek was a potential candidate for a Section 205 Flood Project. Mr. Criswell stated the USACE had recently notified the City there is some money available for yet a further study. Mr. Criswell said if the City accepts this grant to pursue a more detailed study, the City of Canyon would be expected to pay over $200,000. In addition, if a Section 205 Project is selected for Canyon, the City would be responsible for a 35% match. Mr. Criswell explained that in the most recent feasibility report, the solutions proposed by the USACE would have extremely negative impacts on both the golf course and the homes along the golf course with limited positive impact on flooding conditions. Mr. Criswell stated that the Corps is asking if the City of Canyon wants to proceed with the next step that would include committing over $200,000 with no guarantee. Mr. Criswell pointed out that no structures had been flooded due to the creek since 1978. City Engineer Dwight Brandt was present to help answer any questions. After discussion, no interest to pursue further action was indicated. City Manager Randy Criswell said due to the lack in interest, he would inform USACE the City of Canyon had no interest at this time in pursuing any further studies. Item 13. Executive Session Pursuant to Texas Government Code §551.072 for Real Property and §551.071 for Consultation with Attorney. Mayor Alexander indicated the Commission would adjourn into Executive Session at 7:28 pm. Item 14. Consider and Take Appropriate Action on Items Discussed in Executive Session. City Commission Meeting March 20, 2017 Page 4 of 4 Upon returning from Executive Session at 8:01 pm, no action was taken. Item 15. Adjournment There being no further business, Mayor Pro-Tem Hinders moved this meeting be adjourned. ______________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary