City of Canyon Commission Meetings

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 10th day of July 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. Approval of the Minutes of the Meeting of June 19, 2017. 5. Public Comment – Comments from Interested Citizens. 6. Update from City Manager on the following items: North Wastewater Expansion Project. 7. Consider and Take Appropriate Action on Resolution No. 15-2017, Adopting an Annexation Calendar for 6 Acres Owned by JJ Randall, LLC Located Directly South of Conner Park With Intended Use As A Skilled Nursing Facility. 8. Discuss Possible Development of Park Land Dedication Ordinance. 9. Executive Session Pursuant to §551.087 for Economic Development Negotiations. 10. Consider and Take Appropriate Action on Items Discussed in Executive Session. 11. Consider Meeting Dates for July, August, and September 2017. 12. Adjourn. 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 7th day of July 2017. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting June 19, 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 Gary Hinders presided over the meeting with the following Commissioners in attendance, Mayor Pro-Tem Justin Richardson, Cordell Jones, Roger Remlinger and Paul R. Lyons. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Director of Code Enforcement Danny Cornelius, Public Works Director Dan Reese, Chief of Police Dale Davis, Fire Chief Mike Webb and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 5:32 p.m. Item 2. Invocation. Commissioner Lyons gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Jones. Item 4. Approval of Minutes of the Meeting of June 5, 2017. Mayor Hinders stated Item 1 in the minutes was incorrect and should state “Mayor Hinders called the meeting to order”. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Remlinger, to approve the minutes of June 5, 2017 with the correction as stated. Motion carried unanimously. Item 5. Public Comment – Comments From Interested Citizens. No public comments were made. Item 6. Update from City Manager on the following items. City Manager Randy Criswell gave a brief update on the following items. Water Meter Reading Replacement Project Yard Parking Ordinance Radio System Upgrade East Elevated Tank Abatement/Coating Project. Item 7. Consider and Take Appropriate Action on a Plat for Quail Creek Addition Unit No. 4. Code Enforcement Director Danny Cornelius presented a Plat for Quail Creek Addition Unit No. 4 submitted by Domus Development LLC for consideration. Mr. Cornelius said the zoning had been approved for MF (Multi-Family Attached Residential) at the April 17, 2017 Commission Meeting. Mr. Cornelius said the proposed use is a 459 bed apartment complex and the plat meets the City Commission Meeting June 19, 2017 Page 2 of 2 requirements of the City of Canyon Zoning and Subdivision Ordinances. Mr. Cornelius stated the Planning and Zoning Commission voted unanimously to recommend approval of the plat. After discussion, Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones to approve the plat for Quail Creek Addition Unit No. 4 as recommended by the Canyon Planning and Zoning Commission. Motion carried unanimously. Item 8. Conduct Public Hearing and Consider and Take Appropriate Action on the Madison Park Unit No. 1 Replat. Director of Code Enforcement Danny Cornelius presented a replat from Homecrest Properties for Madison Park Unit No. 1 requesting the front yard setback to be 20 feet for cul-de-sac lots. Mr. Cornelius stated the Zoning Ordinance requires a 25 foot setback in a single family zoning and it is typical for developers to request a 20’ or 15’ setback with a cul-de-sac to help the home fit better on the lots. Mr. Cornelius stated the Canyon Planning and Zoning Commission unanimously approved the plat for recommendation to the City Commission. Mayor Hinders opened the public hearing. There being no comment, Mayor Hinders closed the public hearing. After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to approve the replat for Madison Park Unit No. 1 as recommended by the Canyon Planning and Zoning Commission. Motion carried with Commissioner Lyons abstaining. Item 9. Adjournment. There being no further business, Mayor Pro-Tem Richardson moved this meeting be adjourned. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary REGARDING ITEM 6 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: July 10, 2017 Re: Update from City Manager on North Wastewater Expansion Project. We’re about to start a $3.5 million project we refer to as the North Canyon Sewer Expansion project. To provide a little background, back in about 2000 we hired Brandt Engineers to perform a Wastewater System Study. One of the noted projected needs in that Study was the replacement of Lift Station No. 4. That recommendation was primarily because of the age of the lift station, but also the capacity. As Hunsley Hills filled out, Lift Station No. 4 was able to keep up with the needed demand, and we were able to utilize funds for other projects. However, now that the Madison Park Subdivision is underway, and the possibility for future growth to the northwest of the lift station is high, it’s time to do this project. The attached drawing shows what all will be constructed and where. You can see this is a big project with both gravity lines and pressure lines. This project will provide for future growth to the north/northwest. The Notice to Proceed has recently been issued, and the project is anticipated to be complete in August of 2018. I don’t want to go into unwanted detail, so I’m prepared to answer questions you may have about the project. This is an update item only, with no action required. City of Canyon 15" GRAVITY SEWER LINE NORTH CANYON SEWER EXPANSION 15" GRAVITY SEWER PROJECT LAYOUT LINE 15" GRAVITY SEWER LINE NEW LIFT STATION NO. 4 12" FORCE MAIN 12" FORCE MAIN 15" GRAVITY SEWER LINE 18" GRAVITY SEWER LINE REGARDING ITEM 7 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: July 10, 2017 Re: Consider and Take Appropriate Action on Resolution No. 15-2017, Adopting an Annexation Calendar For 6 acres Owned by JJ Randall, LLC., Located Directly South of Conner Park With Intended Use As A Skilled Nursing Facility We have received the appropriate paperwork for the annexation of 6 acres of land owned by JJ Randall, LLC. This land is directly south of Conner Park, and abuts the City Limits on the north and east sides. An aerial photo is attached showing the location. The land was previously owned by Lonnie Shaw. The proposed land use will be a Skilled Nursing Facility of 90 beds. We are excited about this project, and believe this will be a beneficial addition to Canyon. Tonight’s action is to adopt the Annexation Calendar. Following this action, in upcoming meetings, we’ll be bringing you a plat and zoning for approval. As you know, the adoption of the Annexation Calendar sets the wheels in motion for the conduct of two Public Hearings and the final Annexation via Ordinance. It is staff’s recommendation that Resolution No. 15-2017 be adopted. City of Canyon  RESOLUTION NO. 15-2017 A RESOLUTION OF THE CITY OF CANYON, TEXAS, SETTING A DATE, TIME, AND PLACE FOR PUBLIC HEARINGS AND PROVIDING FOR NOTICE OF PUBLIC HEARINGS IN REGARD TO THE PROPOSED ANNEXATION OF PROPERTY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CANYON AT THE REQUEST OF JJ RANDALL, LLC, A TEXAS LIMITED LIABILITY COMPANY, ACTING BY AND THROUGH ITS DULY AUTHORIZED MANAGERS, JOE UNDERWOOD AND JULIE UNDERWOOD. __________________________________________ WHEREAS, a petition for voluntary annexation of land within the ETJ of the City of Canyon has been presented by JJ RANDALL, LLC, A TEXAS LIMITED LIABILITY COMPANY, ACTING BY AND THROUGH ITS DULY AUTHORIZED MANAGERS, JOE UNDERWOOD AND JULIE UNERWOOD; and; WHEREAS, the City Commission agrees that voluntary annexation proceedings should be initiated on this date; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1.: WHEREAS; the City Commission finds that it is in the public interest to extend the boundaries of the municipality to include the property adjacent to the municipal boundaries of the City herein described; WHEREAS; the unincorporated territory to be annexed consists of unimproved property with no residents living within the unincorporated territory to be annexed. The territory to be annexed is exempt under TEX. LOC. GOVT. CODE CHAPTER 43 TITLE 2, SUBTITLE C; and, WHEREAS; the unincorporated territory proposed for annexation is not described in a recorded plat at this time. SECTION 2.: THEREFORE, the City Commission proposes to conduct public hearings for the purpose of considering whether to extend the municipal boundaries of the City of Canyon to include the following described property which now lies adjacent to the city limits within the extraterritorial jurisdiction of the City, to wit: A 6.00 acre tract of land out of Section 63, Block B-5, H.&G.N. RR Co. Survey, Randall County, Texas, and being further described by metes and bounds as follows: 1  BEGINNING at a 3/8 inch iron rod with cap stamped "HBD" set in the North line of Section 63, Block B-5, H.&G.N. RR Co. Survey, Randall County, Texas, also being in the South line of Lot 1, Block 1, Conner Park Addition, a recorded plat to the City of Canyon, Texas, under Clerk's File No. 2016-020496, of the Official Public Records of Randall County, Texas, from Whence a railroad spike found for the Northwest corner of said Section 63 bears North 89 degrees 19 minutes 13 seconds West, for a distance of 4030.60 feet; THENCE South 00 degrees 42 minutes 11 seconds West, for a distance of 512.00 feet to a 3/8 inch iron rod with cap stamped "HBD" set for the Southwest corner of this tract; THENCE South 89 degrees 19 minutes 13 seconds East, for a distance of 510.47 feet to a 3/8 inch iron rod with cap stamped "HBD" set for the Southeast corner of this tract; THENCE North 00 degrees 42 minutes 11 seconds East, at a distance of 500.90 feet pass a 1/2 inch iron rod found for the Northwest corner of Lot 7, Block 32, of Canyon Crest Apartments Planned Development, a recorded plat to the City of Canyon, Texas, under Clerk's File No. 2002-16962, of the Official Public Records of Randall County, Texas, continuing for a total distance of 512.00 feet to a 1/2 inch iron rod found for the Northeast corner of this tract; THENCE North 89 degrees 19 minutes 13 seconds West, along the North line of said Section 63, at a distance of 223.08 feet pass a 3/8 inch iron rod with cap stamped "HBD found for the Southeast corner of said Lot 1, Block 1, Conner Park Addition, continuing for a total distance of 510.47 feet to the PLACE OF BEGINNING. Said tract of land contains a computed area of 6.00 acres of land. SECTION 3.: The following annexation calendar is adopted by the City Commission to govern the publication and posting of notices and public hearings to be held as required by law: 2  ANNEXATION CALENDAR July 10, 2017 Adopt annexation calendar. July 11, 2017 Post Notice of Annexation Calendar on City of Canyon internet website. July 16, 2017 Publish Notice of Public Hearing in the Canyon News; Notice to CISD, Randall County, and Texas Department of Transportation. July 23, 2017 Publish Notice of Public Hearings in Canyon News. July 30, 2017 Publish Notice of Public Hearings in the Canyon News. August 4, 2017 Post Notice of First Public Hearing under the Texas Open Meetings Act. August 7, 2017 Hold First Public Hearing August 18, 2017 Post Notice of Second Public Hearing under the Texas Open Meetings Act August 21, 2017 Hold Second Public Hearing September 18, 2017 Consider and act upon adoption of Annexation Ordinance. ADOPTED ON July 10, 2017. ATTEST: __________________________________________ GARY HINDERS, Mayor ________________________________ GRETCHEN MERCER, City Clerk 3 REGARDING ITEM 8 AGENDA To: Randy Criswell, City Manager From: Jon Behrens, Assistant to the City Manager Date: July 5, 2017 Re: Discuss Possible Development of Parkland Dedication Ordinance. The Parks, Open Space and Recreation Advisory Committee has been discussing the concepts behind a parkland dedication ordinance for the past two years. The development of Canyon East and its’ park acreage brought about a discussion related to the cost of park development and maintenance. I have done fairly extensive research related to the history of and the rationale behind parkland dedication ordinances. The expert in Texas parkland dedication ordinances is Dr. John L. Crompton from Texas A&M University. Texas A&M AgriLife Extension has published a document from Dr. Crompton which describes these ordinances in detail. This document can be found at: http://rpts.tamu.edu/wp-content/uploads/sites/21/2015/05/Parkland- Dedication-Ordinances-in-Texas-A-Missed-Opportunity.pdf. Parkland dedication is simply a requirement that subdivision developers or builders dedicate land for a park and/or pay a fee to be used by the city to acquire and develop park facilities. Parkland dedication ordinances are intended to ensure that park facilities are available when homeowners buy their new homes and to avoid placing an unmanageable burden on the city or the parks department. According to Dr. Crompton “the philosophy is that new development generates a need for additional park amenities, and the people responsible for creating the need should bear the cost of providing the new amenities.” This concept in essence tells builders that we have a quality of life that we expect them to maintain if they are going to build in our community. The authority to enforce parkland dedication ordinances emanates from the “police powers” of Texas home rule municipalities, where they are granted the right to take actions that promote the health, safety, and welfare of residents. These ordinances are not considered impact fees. Parkland dedication ordinances are comprised of three elements: • A land requirement – which is based on the current level of service • A fee-in-lieu alternative to the land requirement – which allows the city to accept or require fee-in-lieu of land dedication when appropriate • A parks development fee – ensures that an appropriate portion of the parks development is paid for by the developer Parkland dedication ordinances are typically developed in communities with high growth and in communities that have identified parks as significant aspects of their community. These ordinances allow the city to develop a parks plan and to grow the parks system in a methodical and affordable manner. The lack of these ordinances can place a community in a position City of Canyon  AGENDA where they are “provided with land” and expected to develop and maintain parks that may or may not be needed or in an appropriate location. According to Dr. Crompton elected officials can respond to infrastructure and amenity needs created by new growth in one of three ways: 1. Request existing residents to pay the bills by approving the issuance of bonds, which will raise taxes. 2. Decline to provide new infrastructure and amenities or provide them at a lower level of service. 3. Require new development to pay the cost of providing the infrastructure and amenities they need for which they have created. As I have researched Comprehensive Plans over the past year, I have found that the majority of the plans have included suggestions that communities either develop a Parkland Dedication Ordinance or strengthen an existing ordinance. Based on my research and the feedback Brian and I have heard from the Parks, Open Space and Recreation Advisory Committee, it is staffs’ recommendation that the Commission consider the development of a Parkland Dedication Ordinance. I have included an example to demonstrate the calculations that could possibly be used in a dedication requirement. City of Canyon  City of Canyon Park Land Dedication Ordinance Proposed Neighborhood & Community Park Calculations 9/13/16 Current Conditions: • Estimated 2014 population – 14,432 • 2010 Census – Dwelling units in Canyon – 5,611 (DU) • 2010 Census – Estimated persons per household – 2.37 (PPH) • Total park acreage – 213 acres in 10 parks • 123 acres of neighborhood and mini parks – Conner (12), Paul Lindsey (83), Hunsley (14), Canyon East (2), Cherrywood (1), Yucca (1), Neblett (1), Canyon East Parkway (9) • 90 acres of community parks – Brown Road Complex (40), Canyon Trails at Buffalo Hill (50) • 14,432/123 = 1 acre of neighborhood park per 117 people • Single Family – 117 people/ 2.37 PPH = 49 DU per acre of neighborhood park Current Level of Service: • 14,432 population/ 213 total park acres = 67.75 person/ acre of park land • 213 Acres/ 14000 = 15.21 acres/ 1000 residents Land Donation: The City of Canyon has a desired future level of service of 1 acre per 100 people. 2010 Census found 2.37 person per household (PPH) and predicted a 2014 population of 14,432. The amount of land required for park land dedication shall be calculated as follows: Park Land Dedication • Required level of service for future development – 100 person/ acre of park land • 100 persons/ 2.37 (PPH) = 42 Dwelling Units (DU) • Developer will dedicate 1 acre of land per 42 DU Park Development Fee: The Canyon Parks, Open Space, and Recreation Advisory Committee has determined that all neighborhood parks will be no smaller than three acres. The cost of improvements in a three acre park in Canyon is $316,690 per the Canyon Parks Development Manual. The estimated current level of service in Canyon is one neighborhood park serving 1,804 persons, based on a total population of 14,432 being served by eight parks (neighborhood and mini-parks). Cost per person to develop a three acre park is $175 ($262,790 / 1,804). 2010 Census found 2.37 persons per dwelling. $316,690 / 1,804 residents = $175 per person $175 x 2.37 Person Per Dwelling Unit = $414 per Dwelling Unit Fee-In-Lieu of Land:  • The amount of fee in lieu of park land dedication shall be calculated based on the required land to be dedicated. Cost per acre to be determined. Examples: 1. Developer builds 262 DU Parkland needed in this Park Zone Land Dedication 262 / 42 = 6.2 acres of dedication due Park Development Fee $414 DF x 262 DU = $108,468 Total Required 6.2 acres and $108,468 DF 2. Developer builds 150 DU Parkland not needed in this Park Zone Land Dedication 150/ 42 = 3.57 acres of dedication due Fee-in-lieu $ FIL x 150 DU = $ Park Development Fee $414 DF x 150 DU = $62,100 Total Required $FIL + $62,100 DF = $ Cost Per DU $ 3. Developer builds 55 DU Does not meet minimum dedication Land Dedication 55 / 42 = 1.3 acres of dedication due Fee-in-lieu $ FIL x 55 DU = $ Park Development Fee $414 DF x 55 DU = $22,770 Total Required $ FIL + $22,770 DF = $ Cost Per DU $ 4. Developer builds 5 DU Does not meet minimum dedication Land Dedication 5 / 42 = .1 acres of dedication due Fee-in-lieu $ FIL x 5 DU = $ Park Development Fee $414 DF x 5 DU = $2,070 Total Required $ FIL + $2,070 DF = $ Cost Per DU $ *Totals do not include any cost for improvements to land dedication required by the Ordinance. REGARDING ITEM 11 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: July 10, 2017 Re: Consider Meeting Dates for July, August, and September 2017. While adopting the budget, we’ll have several meetings. The annexation calendar that Chuck has prepared also requires some meetings. In order to minimize extra meetings to the greatest extent we could, we need to take a look at meeting dates for the rest of the summer up to and including adoption of the budget. We’ve attached calendar pages showing the next three months, and we’ll need to make sure these dates will allow us to have a quorum. The main thing to note is that we need to meet on September 5, which is a Tuesday. City of Canyon July 2017 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Adopt Annexation Calendar Resolution No. 15-2017 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Budget Work Day—Begins at 1:00 pm Discuss Tax Rate 30 31 August 2017 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 First Public Hearing for Annexation 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Public Hearing for Tax Rate Second Public Hearing Annexa- tion 27 28 29 30 31 September 2017 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 2nd Public Hearing for Tax Rate 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Adop on of Tax Rate and Budget Adop on of Annexa on 24 25 26 27 28 29 30  2017 Planning Calendar for City of Canyon Date Activity April ‐ May Mailing of notices of appraised value by chief appraiser. The chief appraiser prepares and certifies to the tax assessor for each county, municipality, April 30 and school district participating in the appraisal distrcit and estimate of the taxable value. May 15 Deadline for submitting appraisal records to ARB July 20 Deadline for ARB to apprice appraisal records July 25 Deadline for chief appraiser to certify rolls to taxing units Certification of anticipated collection rate by collector Calculation of effective and rollback tax rates July 21 72‐hour notice for meeting (Open Meetings Notice) July 24 Meeting of governing body to discuss tax rate Publish Notice of 2016 Tax Year Proposed Property Tax Rate for City of Canyon. Use the ad that will correspond to the proposed tax rate; if the proposed rate is at or below the effective tax rate, then use the shorter ad. Use the longer ad if the proposed rate will exceed the effective tax rate. This ad must be published by September 1st and 7 days before Aug 06 public hearing. It needs to be one quarter page or larger, the headline must be 24‐point or larger, and it must not be published in the legal section. You must also post the notice on your website no later than September 1st and keep it posted until you have adopted. Aug 18 72‐hour notice for meeting (Open Meetings Notice) Aug 21 Public hearing (should be 7 days after notice is published in the newspaper) Sept 1 72‐hour notice for meeting (Open Meetings Notice) Second public hearing (should be no earlier than 3 days after 1st hearing and no later than Sept 5 14 days) Sept 15 72‐hour notice for meeting at which governing body will adopt (Open Meetings Notice) Sept 18 Meeting to adopt tax rate. Meeting is 3 to 14 days after second public hearing.