City of Canyon Commission Meetings

City Commission Meeting August 21, 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, Paul R. Lyons and Roger Remlinger. 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, Assistant City Manager for Special Projects Jon Behrens, Business and Community Development Director Evelyn Ecker, Librarian Sandra Munger, Chief of Police Dale Davis, Golf Course Superintendent John Haun, Safety Director Tony Lawson, Police Captain Ray Resendez, Golf Course Manager Casey Renner, Parks and Open Space Director Brian Noel, 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 Remlinger. Item 4. Approval of Minutes of the Meeting of August 7, 2017. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones, to approve the minutes of August 7, 2017 as presented. Motion carried unanimously. Item 5. Public Comment – Comments From Interested Citizens. Rhonda Melugin – 18 Griffin, Canyon, Texas. Owns property on Creekmere. Is frustrated with all the tree limbs in the alley and the length of time it takes to get them picked up. Nelson Bullard – 2714 4th Ave, Canyon, Texas. Mr. Bullard reiterated his concern for the lack of sidewalks along 4th Ave. Also commented he is concerned with bulky trash removal and asked the City of Canyon keep the brush site and keep it free, especially with the City of Amarillo closing their free wood waste sites. Item 6. Conduct Second Public Hearing on Ordinance No. 1062 for Annexation of JJ Randall Property for Skilled Nursing Facility. Randy Criswell presented Ordinance No. 1062 for the first of two required public hearings. Mayor Hinders opened the public hearing. There being no comment, Mayor Hinders closed the public hearing. City Commission Meeting August 21, 2017 Page 2 of 6 No action required for the second reading. ORDINANCE NO. 1062 ANNEXING TERRITORY TO THE CITY OF CANYON JJ RANDALL, LLC, a Texas 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 7. First Reading of Resolution No. 17-2017 Approving a Lease With Option to Purchase the Property Located at 502 15th Street, Canyon, Texas. Business and Community Development Director Evelyn Ecker presented Resolution No. 17-2017 for its first reading. Mrs. Ecker stated Resolution No. 17-2017 solidified a 5-year lease with option to purchase at the end of the lease with Joe Taco. Mrs. Ecker stated the Canyon Economic Development Corporation would retain ownership of the property through the lease. Mrs. Ecker said Joe Taco plans to open November/December 2017. Mrs. Ecker stated the Canyon Economic Development Corporation approved the Lease with Option to Purchase agreement with Joe Taco at the July 11, 2017 board meeting. No action required on the first reading. RESOLUTION NO. 17-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING LEASE WITH OPTION TO PURCHASE BETWEEN JOE TACO CANYON, LLC. AND CANYON ECONOMIC DEVELOPMENT CORPORATION RELATING TO THE PROPERTY LOCATED AT 502 15TH STREET, CANYON, TEXAS. THE PROJECT IS RELATED TO NEW BUSINESS DEVELOPMENT. Item 8. First Reading of Resolution No. 18-2017 With Regards to Direct Financial Assistance for Improvements to Property Located at 502 15th Street, Canyon, Texas. The Funding is Based on New Business Development. Business and Community Development Director Evelyn Ecker presented Resolution No. 18-2017 for its first reading. Mrs. Ecker said the Canyon Economic Development Corporation approved the funding request for direct financial assistance for improvements to the property at 502 15th Street currently owned by the CEDC. Mrs. Ecker stated the project cost is approximately $1,000,000 with the Canyon Economic Development Corporation funding $220,000. Mrs. Ecker said disbursements would be made as follows. $50,000 upon issuance of construction permits for the improvement (2017). $50,000 upon issuance of the certificate of occupancy (2017) $50,000 on the first anniversary of opening the business to the public (2018) City Commission Meeting August 21, 2017 Page 3 of 6 $70,000 on the second anniversary of opening the business to the public (2019). No action required for the first reading. RESOLUTION NO. 18-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN JOE TACO CANYON, LLC AND CANYON ECONOMIC DEVELOPMENT CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE FOR IMPROVEMENTS ON PROPERTY LOCATED AT 502 15TH STREET, CANYON, TEXAS. THE FUNDING IS BASED ON NEW BUSINESS DEVELOPMENT. Item 9. Consider and Take Appropriate Action Financial Status Report from CEDC and Proposed Budget for 2017-2018. Business and Community Development Director Evelyn Ecker gave a financial status report for the Canyon Economic Development Corporation. CEDC Treasurer Jim Bryant was present to answer any question. Mr. Bryant presented a spreadsheet projecting and tracking liquidity of the CEDC and stated the goal of the CEDC was to bring in new business that will generate new sales tax. Mayor Hinders expressed appreciation for the quality of life projects the EDC had funded and the creativity at the Canyon Area Library. Mayor Hinders expressed interest in holding one or two joint meetings between the Canyon City Commission and the Canyon Economic Development Corporation each year. Mrs. Ecker went over the highlights of the CEDC Budget. After discussion, Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Remlinger to adopt the 2017-2018 Canyon Economic Development Corporation Budget as presented. Motion carried unanimously. Item 10. Consider and Take Appropriate Action on Park and Greenway Dedication for Madison Park Unit No. 2. City Manager Randy Criswell presented a proposed plan for a park and greenway to be constructed in the Madison Park Development. Mr. Criswell reminded the Commission that Assistant City Manager Jon Behrens had recently proposed the concept of a Parks Dedication Ordinance, which the Commission at the time rejected, stating they felt park dedications could be dealt with on a case by case basis. Mr. Criswell stated that was the purpose of tonight’s discussion. Mr. Criswell stated staff has been in conversations with the Madison Park Development team, and it has been agreed that the Developer will pay for materials and installation for the park and the greenway entrance, including trees, with all improvements to be in accordance with specifications provided by the City. The City of Canyon will install the water taps and take over the maintenance of the areas. Commissioner Remlinger and Mayor Hinders asked if this would overload the Parks Department. Parks Director Brian Noel stated it was a small area and would not be a large impact. Commissioner Jones asked if a Parkland Dedication Ordinance would address how this was dealt with anytime a park is proposed instead of staff and the City Commission addressing each one individually. Mr. Criswell said it would. Mr. Criswell stated the developers have been very cooperative in the planning of the park and greenway and that staff City Commission Meeting August 21, 2017 Page 4 of 6 was pleased with the arrangement. Commissioner Lyons commended staff for working with the developers and a positive outcome. Item 11. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1063 to Rezone the Proposed Madison Park Unit No. 2 to SF-S(Single-Family Suburban Residential District), PD (Planned Development District) and RC-1 (Retail District) from SF-A (Single Family Agricultural Residential District). Director of Code Enforcement Danny Cornelius presented Ordinance No. 1063 for consideration. Mr. Cornelius said 31 letters were sent to property owners within 200’ and received 7 responses, 4 in support and 2 opposing the request. Mr. Cornelius stated the Planning and Zoning Commission voted unanimously to recommend approval of the zoning request. Mayor Hinders opened the public hearing. There being no comment Mayor Hinders closed the public hearing. After discussion, Commissioner Lyons moved, duly seconded by Commissioner Jones to adopt Ordinance No. 1063 as recommended by the Planning and Zoning Commission. Motion carried unanimously. Item 12. Consider and Take Appropriate Action on a Plat for Madison Park Unit No. 2. Director of Code Enforcement Danny Cornelius presented a plat for Madison Park Unit No. 2. Mr. Cornelius said Madison Park Unit No. 2 proposed 142 residential lots and 15 commercial lots. Mr. Cornelius said the Planning and Zoning Commission voted unanimously to recommend approval of the plat. After discussion, Commissioner Remlinger moved, duly seconded by Mayor Pro-Tem Richardson to approve the plat as recommended by the Planning and Zoning Commission. Motion carried unanimously. Item 13. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1064, Amending the Zoning Code, Chapter 156 of the City of Canyon Code of Ordinances, Section 5.10, Sign Regulations, by Adding a Definition for Flag and Adding Exceptions to Prohibited Signs for Flags and Special Event Flutter Signs. Director of Code Enforcement presented Ordinance No. 1064 for consideration. Mr. Cornelius said the Planning and Zoning Commission had been discussing amendments for flags and signs for a while due to issues with flutter/feather signs and some flags being prohibited. Mr. Cornelius stated with the adoption of Ordinance No. 1064 clarification would be given on flags with business logos and temporary feather flags being allowed. Mr. Cornelius stated the proposed amendment would allow advertising flags that are on poles and at least 12’ above the ground and limits each business to one flag. The proposed amendment would also allow feather or feather signs to be displayed for special events up to 14 days per calendar year. Mayor Hinders asked if this would affect team flags to which Mr. Cornelius stated they are not considered advertising. Commissioner Lyons thanked Mr. Cornelius, the Planning and Zoning Commission and staff for all their work on City Commission Meeting August 21, 2017 Page 5 of 6 fixing the issue with flags. Mr. Cornelius stated the Planning and Zoning Commission voted unanimously to recommend approval of Ordinance No. 1064. Mayor Hinders opened the public hearing. There being no comment, Mayor Hinders closed the public hearing. After discussion, Commissioner Lyons moved, duly seconded by Commissioner Jones to adopt Ordinance No. 1064 as recommended by the Planning and Zoning Commission. ORDINANCE NO. 1064 FLAG AND FLUTTER SIGN AMENDMENTS AN ORDINANCE OF THE CITY COMMISSIN OF THE CITY OF CANYON, TEXAS; AMENDING THE ZONING CODE, CHAPTER 156 OF THE CODE OF ORDINANCES, SECTION 5.10, SIGN REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Item 14. Budget Work Session. City Manager Randy Criswell highlighted changes made as directed from the Budget Work Session held August 7, 2017. After discussion, Commissioners expressed to staff they want to provide the tools and means to continue the high quality of service currently provided to the citizens of Canyon and stated appreciation for the information provided by the staff. Item 15. Conduct Public Hearing on Budget as Per City Charter. City Manager Randy Criswell stated as per the City Charter, a public hearing is required on the annual budget, which is separate from the Public Hearings on the Tax Rate to be held later in this meeting. Mayor Hinders opened the Public Hearing. Dr. Harry Hueston – 3308 Mable Drive. Dr. Hueston addressed the Commissioners and expressed the importance of supporting the police department and providing additional officers to maintain the quality of life and safety the citizens of Canyon were accustomed to. There being no other comments, Mayor Hinders closed the public hearing. Item 16. Conduct First Public Hearing on Proposed Tax Rate for Fiscal Year 2017-2018. Assistant City Manager Chris Sharp stated pursuant to the Texas Truth in Taxation Laws, the City of Canyon is required to hold two public hearings if adopting a tax rate higher than the effective tax rate. Mr. Sharp said in anticipation of increasing the effective tax rate of $.43410 by 4.78% to $.45484 ($.39083 M&O, and $.06401 I&S) valuation. City Commission Meeting August 21, 2017 Page 6 of 6 Mayor Hinders opened the public hearing. There being no comment, Mayor Hinders closed the public hearing. First of two required public hearings, no action required. Item 17. Executive Session Pursuant to §551.072 Deliberation Regarding Real Property, §551.074, Appointments to Boards and Commissions (Canyon Economic Development Corporation Board of Directors) and §551.074, Personnel Matters (City Engineer, Municipal Court Judges, City Attorney, and City Manager). Mayor Hinders indicated the Commission would adjourn into Executive Session at 7:46 pm. Item 18. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 9:00 pm, the following action was taken. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones to continue the contract with City Attorney Chuck Hester and increase his monthly compensation from $7,500 to $7,750 a month. Motion carried unanimously. Commissioner Remlinger moved, duly seconded by Commissioner Jones to re-appoint Municipal Court Judge Bob Splawn for another 2 years and increase the monthly compensation from $1,850 per month to $1,950 per month, and to re-appoint Judge Jerry Bigham as alternate Municipal Court Judge. Motion carried unanimously. Item 12. Adjournment. There being no further business, Mayor Pro-Tem Richardson moved this meeting be adjourned. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary