City of Canyon Commission Meetings

City Commission Meeting April 17, 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, Joseph Shehan and Justin Richardson. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Assistant City Manager for Special Projects Jon Behrens, Business and Community Development Director Evelyn Ecker, Director of Code Enforcement Danny Cornelius, Chief of Police Dale Davis, Director of Public Works Dan Reese and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:33 p.m. Item 2. Invocation. Mayor Alexander gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Chris Lyons. Item 4. Public Comment – Comments from Interested Citizens. Mr. Jeff Hooten of 8212 Tejas Trail, Amarillo, Texas. Mr. Hooten addressed the City Commission with concerns of the possibility of them rescinding the City of Canyon employees’ pension plan. Mr. Hooten explained he is a sergeant for the Randall County Sheriff’s Department and the Sheriff’s Deputies and Canyon Police Officers worked closely together and the employees of the City of Canyon deserved to be taken care of. Mr. Beau Fletcher of 100 Exmoor, Amarillo, Texas. Mr. Fletcher identified himself as a Canyon Police Officer and expressed concern about the possibility of the City Commission cutting the retirement for City of Canyon Employees. Mayor Pro-Tem Hinders inquired as to where the information came from the make people think this was being considered. Mr. Fletcher stated it was in a Canyon News Article written by Commissioner Shehan. Item 5. Approval of Minutes of the Meeting of April 03, 2017. Commissioner Shehan moved, duly seconded by Commissioner Richardson, to approve the minutes of April 03, 2017 as presented. Motion carried unanimously. Item 6. Proclamation Honoring Canyon Lady Eagles Basketball Team for 4-Peat. The Canyon Lady Eagles and Coach Lombard were unable to attend. The Proclamation will be presented at a later meeting. City Commission Meeting April 17, 2017 Page 2 of 6 Item 7. Conduct Public Hearing and Consider and Take Appropriate Action on a Variance Request To Permit a Wine and Beer Retailer’s Permit and a Mixed Beverage Permit with a Food and Beverage Certificate at Taqueria El Tapatio, 2301 12th Ave. Director of Code Enforcement Danny Cornelius presented a variance request from Taqueria El Tapatio at 2301 12th Ave. Mr. Cornelius explained this restaurant was less than 300ft from CISD Rex Reeves Elementary School therefore requiring a variance. Mr. Cornelius stated the previous restaurant at this location, Verona’s, had been granted a Beer and Wine variance. Mr. Cornelius said 22 letters were sent out to property owners within 300 feet with 10 responses received, 8 in support and 2 opposed. Mr. Cornelius said CISD responded in support of the variance request. Mayor Alexander opened the public hearing, there being no comment, Mayor Alexander closed the public hearing. After discussion, Commissioner Shehan moved, duly seconded by Mayor Pro-Tem Hinders to approve the Variance Request as presented. Motion carried unanimously. Item 8. Consent Agenda: It is recommended that the consent agenda be approved with one motion. A. Quarterly Finance Report. B. Quarterly Investment Report. C. Adoption of Resolution No. 11-2017, Denying the Surcharge Related to Docket No. 45524 Submitted by SPS on or About April 6, 2017. After discussion, Commissioner Richardson moved, duly seconded by Commissioner Logan to approve the consent agenda as presented. Motion carried unanimously. RESOLUTION NO. 11-2017 RESOLUTION BY THE CITY OF CANYON, TEXAS (“CITY”) DENYING THE SURCHARGE RELATED TO DOCKET NO. 45524 SUBMITTED BY SOUTHWESTERN PUBLIC SERVICE COMPANY ON OR ABOUT APRIL 6, 2017; AUTHORIZING PARTICIPATION IN A COALITION OF SIMILARLY SITUATED CITIES; AUTHORIZING PARTICIPATION IN RELATED RATE PROCEEDINGS; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Item 9. First Reading of Resolution No. 06-2017, Canyon Economic Development Corporation Request from the Canyon Area Library to Assist with Upgrades to Public Spaces. City Commission Meeting April 17, 2017 Page 3 of 6 Business and Community Development Director Evelyn Ecker presented Resolution No. 06-2017 for its first reading. Ms. Ecker stated the Canyon Area Library is in the process of upgrading the Tocker Room that us primarily used for programs focused on children. Ms. Ecker said a 3D type of flooring, new paint and a new projector and screen were being installed making the room more exciting for the children. Ms. Ecker stated the library has allocated $5,800 in the current budget and has solicited the CEDC as a partner in the project. Ms. Ecker said the CEDC board members voted to fund the remainder of the project not to exceed $16,000 at their March 9, 2017 meeting. No action required for the first reading of Resolution No. 06-2017. RESOLUTION NO. 06-2017 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING FUNDING ALLOCATION OF $16,000. THE FUNDING WILL UPGRADE PUBLIC SPACES IN THE CANYON AREA LIBRARY. THE PROJECT BENEFITS THE COMMUNITY AND IS CONSIDERED ENHANCEMENT OF THE QUALITY OF LIFE IN CANYON. Item 10. First Reading of Resolution No. 08-2017, Replenishing the Canyon Economic Development Board Small Business Fund of $50,000 as Recommended by the CEDC. Business and Community Development Director Evelyn Ecker presented Resolution No. 08-2017 for its first reading. Ms. Ecker said the Small Business Assistance Program was started in 2010 by the CEDC. The purpose is to assist local and new businesses with smaller projects. Ms. Ecker said to date the Small Business Assistance Fund has funded $113,084 in project requests. Ms. Ecker stated this is the third funding request of $50,000 since 2010. No Action required for the first reading of Resolution No. 08-2017. RESOLUTION NO. 08-2017 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING ADDITIONAL FUNDING IN THE AMOUNT OF $50,000 FOR THE SMALL BUSINESS ASSISTANCE FUND. THE FUND WAS ESTABLISHED OCTOBER 4, 2010 (RESOLUTION NO. 13-10) AS PART OF THE CANYON ECONOMIC DEVELOPMENT CORPORATION. Item 11. First Reading of Resolution No. 07-2017 With Regards to a Request form Ruthette’s LLC for Lease Assistance through the CEDC Small Business Assistance Program. Business and Community Development Director Evelyn Ecker presented Resolution No. 07-2017 for its first reading. Ms. Ecker stated Colette Lane and Avery Pinkerton were opening a unique store that would cater to brides. Ms. Ecker stated Ruthette’s Bridal Boutique would offer name brand, designer dresses with a protected territory agreement meaning duplicate gowns cannot be found within 300 miles. Ms. Ecker said the business will be located in the Shops on Fifth Avenue and plans to open May 15, 2017. Ms. Ecker said the CEDC board approved the request of no City Commission Meeting April 17, 2017 Page 4 of 6 more than $23,000 for lease assistance over a 3 year span unanimously at the March 6, 2017 meeting. No Action required for the first reading of Resolution No. 07-2017. RESOLUTION NO. 07-2017 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN RUTHETTE’S LLC AND CANYON ECONOMIC DEVELOPMENT CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE FOR A PROJECT LOCATED AT 1512 5TH AVENUE, SUITE 202, CANYON, TEXAS. THE FUNDING IS BASED ON NEW BUSINESS DEVELOPMENT. Item 12. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1060 to Rezone the Proposed Madison Park Unit No. 1 to SF-S (Single Family Suburban Residential District) and RC-1 (Retail District) from SF-A (Single-Family Agricultural Residential District). Director of Code Enforcement Danny Cornelius presented Ordinance No. 1060 for consideration. Mr. Cornelius said Axe Development submitted a plat for Madison Park Unit No. 1 and an application for change in zoning. Mr. Cornelius said the property was annexed as Single-Family Agricultural Residential District which is intended for principally undeveloped land and agricultural use. Mr. Cornelius said this development would have 250 plus homes. Mr. Cornelius stated the Planning and Zoning Commission voted unanimously to recommend approval of the zoning request to the City Commission at their April 10, 2017 meeting. Mayor Alexander opened the public hearing. There being no comment, Mayor Alexander closed the public hearing. After discussion, Commissioner Logan moved, duly seconded by Commissioner Shehan to adopt Ordinance No. 1060 as recommended by the Planning and Zoning Commission. Motion carried unanimously. ORDINANCE NO. 1060 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING MADISON PARK UNIT NO. 1, AN ADDITION OF THE CITY OF CANYON, RANDALL COUNTY, TEXAS, PROVIDING THAT THE ZONING CLASSIFICATION BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. Item 13. Consider and Take Appropriate Action on a Plat for Madison Park Unit No. 1. Director of Code Enforcement Danny Cornelius presented a Plat for Madison Park Unit No. 1. Mr. Cornelius said with the adoption of the zoning request for Madison Park Unit No. 1, the plat would need to be approved. Mr. Cornelius said the Planning and Zoning Commission voted unanimously to recommend approval of the plat to the City Commission for Madison Park Unit No. 1 at their April 10, 2017 meeting. City Commission Meeting April 17, 2017 Page 5 of 6 After discussion, Commissioner Richardson moved, duly seconded by Mayor Pro-Tem Hinders to approve the Plat for Madison Park Unit No. 1 as recommended by the Planning and Zoning Commission. Motion carried unanimously. Item 14. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1061 to Rezone the Proposed Quail Creek Addition Unit No. 4 to MF (Multi- Family Attached Residential District) from SF-A (Single Family Agricultural Residential District). Director of Code Enforcement Danny Cornelius presented Ordinance No. 1061 for consideration. Mr. Cornelius stated Domus Development LLC submitted a preliminary plat for Quail Creek Addition Unit No. 4 and an application for a change in zoning. Mr. Cornelius said the property was annexed as Single-Family Agricultural Residential District which is intended for undeveloped land and agricultural use. Mr. Cornelius said the proposed use is apartment buildings for student housing with 459 beds and parking for 500. Mr. Cornelius said the final plat should be ready for consideration in May. Mr. Cornelius said letters were sent to 21 property owners within 200 feet with 3 responses received. Mr. Cornelius said one was opposed and 2 expressed concerns to the zoning change. Mr. Cornelius said the Planning and Zoning Commission had voted unanimously to recommend approval of the zoning request at their April 10, 2017 meeting. Mayor Alexander opened the public hearing. There being no comment, Mayor Alexander closed the public hearing. City Manager Randy Criswell stated there had been some discussion of the increased traffic the addition of the apartments would create. Mr. Criswell requested that Canyon Police Chief Davis gather some information on the number of accidents and look into any problem with parking on Valley View Road. Chief Davis stated they looked into the requested information and there have been only 4 accidents in the last several years in the area. Chief Davis did recommend that parking on the west side of Valley View Road be prohibited and the speed limit be lowered from 30 mph to 25 mph. Mr. Criswell stated these issues would be addressed at a future meeting. After discussion, Commissioner Logan moved, duly seconded by Mayor Alexander to approve Ordinance No. 1061 as recommended by the Planning and Zoning Commission. Motion carried with Commissioner Shehan abstaining. ORDINANCE NO. 1061 Rezoning Quail Creek Addition Unit No. 4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING QUAIL CREEK ADDITION UNIT NO. 4, AN ADDITION TO THE CITY OF CANYON, RANDALL COUNTY, TEXAS, PROVIDING THAT THE ZONING CLASSIFICATION BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. City Commission Meeting April 17, 2017 Page 6 of 6 Item 15. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1055, an Ordinance Amending the Code of Ordinances, Chapter 156, Zoning Code, Amending Table 1-1, Summary Use Chart. Director of Code Enforcement Danny Cornelius presented Ordinance No. 1055 for consideration. Mr. Cornelius stated the Planning and Zoning Commission had completed a review and revision of Table 1-1, Summary Use Chart of the Zoning Code correcting several contradictions, outdated terms and questionable use regulations. Mr. Cornelius gave several examples and stated adoption of Ordinance No. 1055 would clean up and clarify Table 1-1 Summary Use Chart. Mr. Cornelius stated the Planning and Zoning Commission voted unanimously to recommend approval of Ordinance No. 1055 to the City Commission. Mayor Alexander opened the public hearing. There being no comment, Mayor Alexander closed the public hearing. After discussion, Commissioner Shehan moved, duly seconded by Commissioner Richardson to approve Ordinance No. 1055 as recommended by the Planning and Zoning Commission. Motion carried unanimously. ORDINANCE NO. 1055 Summary Use Chart Amendments AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: AMENDING THE CODE OF ORDINANCES OF THE CITY OF CANYON, CHAPTER 156, ZONING CODE, BY AMENDING TABLE NO. 1-1, SUMMARY USE CHART; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Item 16. Consider and Take Appropriate Action on Resolution No. 10-2017, Adopting a Policy for Community Gardens and City Garden Plot Rentals. City Manager Randy Criswell stated Resolution No. 10-2017 was not complete and suggested it be considered at the next scheduled meeting of the City Commission. Item 17. Adjournment There being no further business, Mayor Pro-Tem Hinders moved this meeting be adjourned. ______________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary