City of Canyon Commission Meetings

AGENDA NOTICE OF MEETING Notice is hereby given that the governing body of the City of Canyon will meet 4:30 p.m. on the 21st day of May 2018, 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. Work Session: • Consider and Take Appropriate Action on Review and Discussion of Xcel Energy Franchise Fee • Update on Parks Improvement Plan • Discussion on future protocol for Work Sessions Regular Meeting Beginning at 5:30 pm 2. Invocation. 3. Pledge of Allegiance. 4. Approval of the Minutes of the Meeting of May 7, 2018. 5. Public Comment – Comments from Interested Citizens. 6. Present Proclamation for Emergency Medical Services Week. 7. Consider and Take Appropriate Action on Ordinance No. 1087, Adjustment of Sewer Rates for WTAMU. 8. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1086, Rezoning 1 Hunsley Hills Blvd. to RC-2 (Commercial District) from RC-1 (Retail District). 9. Conduct Public Hearing and Consider and Take Appropriate Action on a Specific Use Permit Request by Nicole Ash to Operate a Massage Therapy Establishment at 1 Hunsley Hills Blvd, Suite 1. 10. Conduct Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1082, an Ordinance Amending the Code of Ordinances of the City of Canyon, Chapter 156, Zoning Code, by Adding Section 5.15 Recreational Vehicles. 11. Conduct Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1084, An Ordinance Amending the Code of Ordinances of the City of Canyon, Chapter 155, Subdivisions, by Adding Section 155.09, Abandonment of Public Right-of-Way. 12. Consider and Take Appropriate Action on Ordinance No. 1085, An Ordinance Amending the Code of Ordinances of the City of Canyon, Weight Limit Zones. 13. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.072 Deliberation Real Property, and §551.074 Personnel Matters (City Manager’s Contract). 14. Consider and Take Appropriate Action on Items Discussed in Executive Session. 15. 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 4th day of May 2018. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting May 7, 2018 The City Commission of the City of Canyon met for a Work Session beginning at 4:00 pm and 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, , Assistant City Manager for Special Projects Jon Behrens, Business and Community Development Director Evelyn Ecker, Public Works Director Dan Reese, Planning and Development Director Danny Cornelius, Parks Director Brian Noel, Safety Director Tony Lawson, Chief of Police Dale Davis, Utility Superintendent Eric Whitten, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:05 p.m. Item 2. City of Canyon Work Session (1) AMR Worksession Presentation City Manager Randy Criswell stated the City of Canyon hand been exploring options to upgrade the meter reading process for the City of Canyon and gave a brief overview of the plan to install remote read water meters throughout Canyon. Public Works Director Dan Reese then presented basic information about the system, how it would work and how it would make things much more efficient in readings, more efficient use of employee time and safer for employees who currently read water meters each month. Mr. Reese then allowed representatives from Neptune and Core & Main to give short presentations of how the system would benefit both citizens and the City of Canyon and the efficiency of remote read water meters. Mr. Reese gave a cost estimate of $1,663,000 to update the entire system for the City of Canyon that includes the web portal. (2) Staff Update Regarding the Following Items. • Brown Road Wellfield • North Sewer Expansion Project • East Elevated Tank Coating Project • Dead Trees • WTAMU Sewer Deduct Request • Drought Contingency Plan • 15-minute Parking Signs on Square • Meeting with Developers for new Hampton Inn City Manager Randy Criswell gave a brief update on a request from WTAMU for consideration of a reduced rate for sewer and the North Sewer Expansion Project. The Commission took a 5 minute break at 5:30 pm reconvening at 5:38 pm. Item 3. Invocation. Commissioner Jones gave the invocation. City Commission Meeting May 7, 2018 Page 2 of 3 Item 4. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Remlinger. Item 5. Approval of Minutes of the Meeting of April 16, 2018. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Jones, to approve the minutes April 16, 2018 as presented. Motion carried unanimously. Item 6. Public Comment – Comments from Interested Citizens. Canyon Chief of Police Dale Davis presented Commissioner Lyons with a Certificate of Completion for the Canyon Police Department Citizen Police Academy and congratulated him on a job well done. Item 7. Consider and Take Appropriate Action on Items Discussed in Work Session. No Action was taken. Item 8. Consider and Take Appropriate Action on Audit Presentation for CEDC Year End September 30, 2017. John Merriss from Doshier, Pickens, & Francis presented the Canyon Economic Development Corporation audit for the year ending September 30, 2018. Mr. Merriss gave a clean audit and commended Business and Community Development Director Evelyn Ecker for a great job of managing the CEDC. After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to approve the CEDC Audit as presented. Motion carried unanimously. Item 9. Consider and Take Appropriate Action on Bid Award for East Elevated Tank Drain Line. Bid award recommendations were presented by Public Works Director Dan Reese. Mr. Reese stated there has been issues with runoff from the east elevated tank when it accidentally overflows with potential street and house flooding on the east side of Valley View Drive. Mr. Reese said during the recent tank rehab, the undersized overflow pipe was replaced with the correct larger size which could create more runoff during overflow events. Mr. Reese said to help prevent any issues during an overflow event, a storm sewer was designed to capture the overflow and distribute it off site, southeast of the tank. Bidder Amount Days Amarillo Utility Contractors $123,328.00 90 Scott Wampler Construction $132,980.00 90 West Texas Utility Contractors $144,394.00 120 LA Fuller & Sons $169,785.00 120 City Commission Meeting May 7, 2018 Page 3 of 3 Commissioner Lyons asked where the water would dump. Mr. Reese stated the line would empty into a dedicated street right of way where there are no homes or structures. After discussion, Commissioner Jones moved, duly seconded by Commissioner Remlinger to award the bid to the low bidder, Amarillo Utility Contractors, in the amount of $123,328 as recommended by staff and City Engineer. Motion carried unanimously. Item 10. Executive Session Pursuant to §551.071 Consultation with Attorney, and §551.074 Personnel Matters (City Manager Contract). Mayor Hinders indicated the Commission would adjourn into Executive Session at 5:55 p.m. Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 7:35 pm, no action was taken. Item 12. Adjourn. There being no further business, Mayor Pro-Tem Richardson moved this meeting be adjourned. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary REGARDING Work Session AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: May 21, 2018 Re: Work Session Xcel Energy Franchise Fee As we discussed during the past budget preparation process, the General Fund has fallen below a reasonable amount of subsidy from the Utility Fund. One way to address this is to do everything reasonable to increase revenues in the General Fund. Currently, our Franchise Fees are at the maximum allowed by law (which is common among most cities) in every utility except electricity. Our Franchise Fee for electricity is 3%, with the cap at 5%. As we’ve discussed, the Franchise Fee is simply a rental fee for a private utility using public right of ways that the City maintains. This is a huge source of revenue for cities in general in Texas. Over the past three full years, our total collections from Xcel have been: FY 2017: $314,000 FY 2016: $302,000 FY 2015: $331,400 With those numbers, comparatively, if we increase the Xcel franchise fee from 3% to 5%, it will generate additional revenue of about $200,000 annually. This is a significant increase and revenue that could be used to reduce the subsidy from the Utility Fund to the General Fund. We talked about this last summer when working on budget, and thought it would be appropriate to discuss sometime in 2018. Update on Parks Improvement Plan Parks Director Brian Noel is prepared to give you a status update on the Parks Improvement Plan. Discussion on Protocol for Work Sessions When it was agreed we would try Work Sessions, we didn’t really discuss the protocol or basis for when to have a work session or what it was you intended to accomplish in the work sessions. The idea is to have time for discussion, which speeds up the regular meeting. Now that we’ve had one is a good time to follow up with your impressions and observations, as well as your preferences going forward. City of Canyon Whereas, emergency medical services is a vital public service; and Whereas, BSA Health System EMS has been providing continuous service to the Citizens of Canyon since 1998; and Whereas, 2018 marks the 20th Anniversary of BSA Health System EMS; and Whereas, the members of BSA Health System EMS have provided lifesaving care and assistance to more than 50,000 citizens in need 24 hours a day, seven days a week; and Whereas, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and Whereas, emergency medical services system consists of first responders, emergency medical technicians, paramedics, emergency medical dispatchers, firefighters, police officers, educators, administrators, pre-hospital nurses, emergency nurses, emergency physicians, trained members of the public, and other out of hospital medical care providers; and Whereas, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and Whereas, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week. Now, therefore, I Gary Hinders, Mayor of the City of Canyon, Texas, in recognition of this event do hereby proclaim the week of May 20 – 26, 2018 as EMERGENCY MEDICAL SERVICES WEEK With the theme, EMS Strong: Stronger Together, I encourage the community to observe this week with appropriate programs, ceremonies and activities. GIVEN UNDER my hand and seal of office, this 21st day of May 2018. Gary Hinders, Mayor ATTEST: Gretchen Mercer, City Clerk REGARDING ITEM 7 AGENDA To: Randy Criswell, City Manager From: Dan Reese, Public Works Director Date: May 14, 2018 Re: Consider and Take Appropriate Action on Ordinance No. 1087 Amending Ordinance No. 1068, Amending Chapter 51 of the Water and Sewer Code of the City of Canyon, Texas, Section 51.22, Allowing for a Reduced Sanitary Sewer Rate for Code W, Colleges and Universities. Within the last few months, we have been contacted by WTAMU, and have been discussing the possibility of reducing their sanitary sewer charges. They have requested for the sewer charges for a single utility billing account (they have several accounts), be adjusted to account for the water that evaporates from their cooling towers. One of our several large water meters furnishes water to this system. In other words, since our commercial sewer rates are based on water usage, they would like a reduction in their sewer bill for water that never enters the sanitary sewer. This is being included as part of an “energy reduction” project / study for the entire campus. Some research has indicated that this is somewhat uncommon for Cities that have commercial / industrial customers that utilize cooling towers. However it is not completely unheard of and there are a few universities around the state that are receiving these “credits” from their host Cities. A quick look at other cities in the region found that none are doing this. WTAMU was tasked with providing us with the engineering and technical information used to make an informed decision. They have been very cooperative and have furnished us the information required for us to assess their request. The proposal that they have submitted makes sense to us. Under the current ordinance, the University is being charged for sewer at 58% of its water bill, or the same as any other commercial customer that uses over 200,000 gallons per month. The 58%, or a similar amount, is a common way for cities to calculate sewer fees for large volume water users. After reviewing the data, we agree that it would be fair to reduce the 58% multiplier to 40% as indicated by WTAMU. So basically, the University will be receiving an 18% discount for this single account. Based on the years’ worth of data submitted, this savings will amount to about $75,000 per year on their sewer bill. The only change to the current ordinance will be to add another code (W.1) for commercial sewer charges addressing this discount. The public works department concurs with the proposal submitted by WTAMU and recommends adoption of Ordinance No. 1087. City of Canyon  ORDINANCE NO. 1087 AN ORDINANCE AMENDING ORDINANCE NO. 1068 OF THE CITY OF CANYON, TEXAS; AMENDING CHAPTER 51 OF THE WATER AND SEWER CODE OF THE CITY OF CANYON, TEXAS, SECTION 51.22, SEWER RATES; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Canyon has heretofore passed Ordinance No. 1068 establishing rates to be charged for sanitary sewer services; and WHEREAS, the City Commission has determined that the sanitary sewer rates established by Ordinance No. 1068 should be amended, reducing the sewer charge by reducing the water use multiplier applied to Code W, Colleges or Universities, by accounting for water that is not discharged to the sanitary sewer due to cooling tower evaporation and drift. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, THAT: Section 1: That the Water and Sewer Code of the City of Canyon, Texas, Chapter 51, Section 51.22 (A), is hereby amended to read as follows: Sec. 51.22 SEWER RATES (A) The monthly rates or charges for sanitary sewer services furnished by the City of Canyon shall be as follows: Classification of Service Monthly Charge Code O – Commercial Determined by prior calendar year average monthly water usage as follows: Monthly Water Usage (gallons) 25K – 50K $ 107.89 50K – 100K $ 252.99 100K – 150K $ 438.48 150K – 200K $ 617.44 200K or over Monthly water consumption multiplied by 58% at $ 5.77 per 1,000 gallons Code 2 – Residential $ 27.00 per unit Code 3 – Commercial $ 27.71 per unit Code 4 – Commercial $ 42.13 per unit Code 5 – Commercial $ 59.04 per unit Code W – Colleges or Universities Monthly water consumption multiplied by 58% of $ 5.77 per 1,000 gallons 1  Code W.1 – Colleges or Universities Monthly water consumption multiplied by with evaporation credits 40% of $ 5.77 per 1,000 gallons Section 2: All other parts of Sec. 51.22 of the City of Canyon Code of Ordinances, not changed or amended as above and adopted by Ordinance No 1068, shall remain in effect, as stated in the Code. Section 3: All ordinances and amendments thereto in conflict with the provisions of this ordinance shall be and are hereby repealed. Section 4: In the event any part or parts of this ordinance shall be held invalid, no valid part or parts shall be affected thereby. Section 5: This Ordinance shall be effective June 1, 2018. PASSED AND ADOPTED this 21st day of May, 2018. GARY HINDERS, MAYOR ATTEST: GRETCHEN MERCER, CITY CLERK 2 REGARDING ITEM 8 AGENDA To: Randy Criswell, City Manager From: Danny Cornelius, Director of Planning and Development Date: May 15, 2018 Re: Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1086, Rezoning 1 Hunsley Hills Blvd to RC-2 (Commercial District) from RC-1 (Retail District). Jonathan Lair has submitted a request to rezone for 1 Hunsley Hills Blvd from RC-1 (Retail District) to RC-2 (Commercial District). The proposed use is a Massage Therapy Spa. A Massage Therapy establishment is not allowed in the RC-1 District. It would be allowed by Specific Use Permit in the RC-2 District. Letters were sent to 12 property owners within 200 feet. We received 6 responses in opposition to the request. A super majority will be required to approve the request. The Planning and Zoning Commission voted unanimously to recommend approval of the zoning request. City of Canyon  Map Local Road Labels I RC1 - Retail Data displayed were gathered N I RC2 - Conmercial +' zzVz Local Roads by the City of Canyon Al TxRRC Railroad I RC3 - CentralArea for municipal purposes. No guarantee is made W I SF-A - Single- Family Agricultural I l-1 - Light lndu$rial regarding suitability for E SF-E - Single-Fami[ Estate I F- Flood Distuict any other use or purpose. t: SF-S - Single-Family Suburban ffi PD - Planned Development S I SF-V - Single-FamifiMllagp ,"'," Extra-territorial Jurisdiction E 2F- DuplexAttached ./'/ City Limits I 0 0.06 0.12 I I MF - Multi-Family Atsached N PRADTax Parcds 0.18 mi  Planning and Zoning Commission Meeting Minutes – May 14, 2018 The Planning and Zoning Commission of the City of Canyon met in regular session at 4:00 pm in the City Commission Chambers of the Civic Complex. Chairman Bill Craddock presided over the meeting with the following Commissioners in attendance: Larry Ramaekers, Bobbie Jo Krutsch, Jon Davis, Charles Munger, Kevin Luetkahans, Laurie Sharp, and Leesa Wood Calvi. Commissioner John Pletcher was unable to attend. Also present were the following City Staff: Assistant City Manager Chris Sharp, Assistant City Manager for Special Projects Jon Behrens, and Director of Planning and Development Danny Cornelius. City Commissioners Paul Lyons and Cody Jones were in attendance. Item 1: Call to Order. Chairman Craddock called the meeting to order at 4:00 pm. Item 2: Approval of Minutes from the April 9, 2018 Meeting. Commissioner Krutsch moved, duly seconded by Commissioner Sharp, to approve the minutes from the April 9, 2018 meeting. The motion passed unanimously. Item 3: Conduct a Public Hearing and Consider and Take Appropriate Action on Rezoning 1 Hunsley Hills Blvd to RC-2 (Commercial District) from RC-1 (Retail District). Jonathan Lair submitted a request to rezone 1 Hunsley Hills Blvd from RC-1 (Retail District) to RC-2 (Commercial District). The proposed use is a Massage Therapy Spa. A Massage Therapy Spa is not allowed in the RC-1 District. it would be allowed by a Specific Use Permit in the RC-2 District. Letters were sent to twelve property owners within 200 feet of the property. Six responses were received in opposition to the request. Chairman Craddock opened the public hearing at 4:02 pm. There being no comment, Chairman Craddock closed the public hearing. After discussion, Commissioner Krutsch moved, duly seconded by Commissioner Munger, to recommend approval of the zoning. The motion passed unanimously. Item 4: Conduct a Public Hearing and Consider and Take Appropriate Action on a Specific Use Permit Request to Operate a Massage Therapy Establishment at 1 Hunsley Hills Blvd, Suite 1. Nicole Ash submitted a Specific Use Permit request to operate a Massage Therapy establishment at 1 Hunsley Hills Blvd, Suite 1. The Summary Use Chart of the Zoning Ordinance allows Massage Therapy establishments in the RC-2 Zoning District by Specific Use Permit only. Letters were sent to twelve property owners within 200 feet. Five responses were received with one supporting and four opposing the request. Chairman Craddock opened the public hearing at 4:10 pm. Nicole Ash discussed her plan with the Commission. She currently operates a business in Amarillo and 90% of her clients are in Canyon. After discussion, Commissioner Krutsch moved, duly seconded by Commissioner Luetkahans, to recommend approval of the Specific Use Permit. The motion passed unanimously. Planning and Zoning Commission Meeting May 14, 2018 Page 2 of 3 Item 5: Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1082, an Ordinance Amending the Code of Ordinances of the City of Canyon, Chapter 156, Zoning Code, by Adding Section 5.15 Recreational Vehicles. The Commission considered an ordinance to amend the Zoning Code to state that Recreational Vehicles may only be used for human habitation if located within a travel trailer park operating in accordance with the Zoning Code and Chapter 154 (Mobile and Modular Homes; Vacation Trailer Parks) Chairman Craddock opened the public hearing at 4:16 pm. There being no comment, Chairman Craddock closed the public hearing. After discussion, Commissioner Davis moved, duly seconded by Commissioner Calvi, to recommend approval of Ordinance No. 1082. The motion passed unanimously. Item 6: Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1083, an Ordinance Amending the Code of Ordinances of the City of Canyon, Chapter 156, Zoning Code, by Amending Table 1-1, Summary Use Chart to Add Shelter as an Allowed Use in RC-1, RC-2, I-1, I-2, and PD Zoning Districts; Amending Section A.02 Terms to Add Shelter. The Commission considered an ordinance to add the use “Shelter” to Table 1-1, Summary Use Chart of the Zoning Code. The ordinance would also add the definition of Shelter to Terms. Shelters would be allowed in the RC-1, RC-2, I-1, I-2, and PD Districts. Shelter would be defined as “an organization providing temporary (3 days of less) boarding or lodging or both on its premises primarily to indigent, needy, homeless or transient persons”. Chairman Craddock opened the public hearing at 4:22 pm. Teena Hall, Homeless Coordinator for the Veterans Administration, addressed the Commission. She commended the City for being proactive and predicted some of the homeless population in Amarillo may migrate to Canyon. Chairman Craddock closed the public hearing at 4:30 pm. The Commission discussed the definition of Shelter. The ordinance defines Shelters as providing temporary boarding for 3 days or less. There were concerns regarding the ability of a Shelter to operate under those restrictions. The issue was tabled and staff was directed to study the issue further. Item 7: Conduct a Public Hearing and Consider and Take Appropriate Action Ordinance No 1084, an Ordinance Amending the Code of Ordinances of the City of Canyon, Chapter 155, Subdivisions, by Adding Section 155.09 Abandonment of Public Right-of-Way. The Commission considered an ordinance, similar to a City of Amarillo’s, regarding abandonment of public right-of-way. Occasionally a land owner will request that a street or alley right-of-way be abandoned and deeded to the adjacent property owner(s). The process typically happens in cases where the street or alley has been dedicated by plat but has never been constructed or used. In the past, the owner(s) would submit a letter requesting the abandonment. City staff would contact the various utility providers to determine if they have any objection or would need easements once the right-of-way was abandoned. The request would be presented to the City Planning and Zoning Commission Meeting May 14, 2018 Page 3 of 3 Commission and, if approved, a quit-claim deed would be prepared by the City Attorney and filed with the Randall County Clerk’s office. This would take place without any consideration by the Planning and Zoning Commission and without any application fees or compensation to the City by the property owners. The Ordinance No. 1084 would require the applicant to submit an application, an application fee, and an appraisal of fair market value prepared by a Texas licensed real estate appraiser prepared within the past 3 months. Chairman Craddock opened the public hearing at 4:50 pm. There being no comment, Chairman Craddock closed the public hearing. After discussion, Commissioner Munger moved, duly seconded by Commissioner Luetkahans to recommend approval of Ordinance No. 1084, with a correction to a typographical error on the application fee. The fee will be $250. The motion passed unanimously. Item 8: Adjourn. Chairman Craddock adjourned the meeting at 4:53 pm. Bill Craddock, Chairman Planning and Zoning Commission ATTEST: Gretchen Mercer, City Clerk  ORDINANCE NO. 1086 Rezoning 1 Hunsley Hill Blvd AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING 1 HUNSLEY HILLS BLVD, ALSO DESCRIBED AS THE NORTH IRREGULAR 145 FEET OF LOT 13, BLOCK 11, HUNSLEY HILLS DEVELOPERS INC. 1ST SECTION, PART A, SPECIAL 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. WHEREAS, the Planning and Zoning Commission conducted a public hearing on May 14, 2018 for the purpose of considering rezoning certain properties situated in the City of Canyon. All owners of property within 200 feet, as indicated by the most recently approved municipal tax roll of real estate property, were given written notification, and opportunity to be heard, and proper notice by publication was given through the local newspaper in accordance with City Charter provisions, the Code of Ordinances and the Texas Local Government Code; and WHEREAS, the Planning and Zoning Commission has recommended rezoning the properties from RC-1 (Retail District) to RC-2 (Commercial District); and WHEREAS, the City Commission conducted a public hearing at its regular meeting and considered the recommendation by the Planning and Zoning Commission for rezoning; and WHEREAS, the passage, promulgation, and enforcement of the provisions herein contained are deemed necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers delegated to and possessed by the City of Canyon; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1. The City Commission finds that RC-2 (Commercial District) would be more appropriate than RC-1 (Retail District) zoning for the properties in question. SECTION 2. That the north irregular 145 feet of lot 13, block 11, Hunsley Hills Developers Inc. 1st Section, Part A, Special 4 is hereby zoned RC-2 (Commercial District). SECTION 3. That this Zoning classification be posted upon the Zoning District maps of the City of Canyon and filed with the City Secretary and Building Inspector of the City of Canyon. SECTION 4. Severability. If any provision, section, subsection, sentence, clause, or the application of the same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. SECTION 5. Repealer. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 6. This ordinance shall become effective immediately. INTRODUCED AND PASSED at the regular meeting of the City Commission on the 21st day of May, 2018. _______________________ Gary Hinders, Mayor ATTEST: _________________________ Gretchen Mercer, City Clerk REGARDING ITEM 9 AGENDA To: Randy Criswell, City Manager From: Danny Cornelius, Director of Planning and Development Date: May 15, 2018 Re: Hold Public Hearing and Consider and Take Appropriate Action on a Specific Use Permit Request by Nicole Ash to Operate a Massage Therapy Establishment at 1 Hunsley Hills Blvd, Suite 1. Nicole Ash has submitted a Specific Use Permit application to operate a Massage Therapy establishment at 1 Hunsley Hills Blvd, Suite 1. The Summary Use Chart of the Zoning Ordinance allows Massage Therapy establishments in the RC-2 Zoning Districts by Specific Use Permit only. Letters were sent to 12 property owners within 200 feet. We received 5 responses with 1 supporting and 4 opposing the request. A super majority will be required to approve the permit. The Planning and Zoning Commission voted unanimously to recommend approval of the request. City of Canyon REGARDING ITEM 10 AGENDA To: Randy Criswell, City Manager From: Danny Cornelius, Director of Planning and Development Date: May 15, 2018 Re: Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1082, an Ordinance Amending the Code of Ordinances of the City of Canyon, Chapter 156, Zoning Code, by Adding Section 5.15 Recreational Vehicles. Occasionally we will receive a complaint about someone living in a travel trailer or some other type of recreational vehicle which is parked in the yard at a residence. We’ve enforced it in the past by notifying the occupant that it’s not an allowed use in a particular district such as SF-S (Single-Family Suburban District). The attached ordinance would clarify that Recreational Vehicles may only be used for human habitation if located within a travel trailer park operating in accordance with the Zoning Code and Chapter 154 (Mobile and Modular Homes; Vacation Trailer Parks). The Planning and Zoning Commission vote unanimously to recommend approval of Ordinance No. 1082. City of Canyon  ORDINANCE NO. 1082 Recreational Vehicles AN ORDINANCE OF THE CITY OF CANYON, TEXAS, AMENDING CHAPTER 156, ZONING CODE, OF THE CITY OF CANYON CODE OF ORDINANCES, BY ADDING SECTION 5.15 RECREATIONAL VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; the passage, promulgation, and enforcement of the provisions herein contained are determined necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers and police powers delegated to and possessed by the City of Canyon; and, WHEREAS; the Planning and Zoning Commission of the City of Canyon, recommended certain amendments to City of Canyon Code of Ordinances, Chapter 156, Zoning Code; and, WHEREAS; the City Commission finds that the proposed amendments to Chapter 156 as recommended by the Planning and Zoning Commission would be in the best interest of the City; NOW THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1: That CHAPTER 156, Section 5.15, Recreational Vehicles, is hereby adopted as follows: Recreational vehicles, including travel trailers, motor homes, tent trailers or similar devices designed for temporary portable housing shall not be used for human habitation unless located within a travel trailer park operating in accordance with this chapter and Chapter 154. SECTION 2: Severability. If any provision, section, subsection, clause, or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision continued herein shall become inoperative or fail by any reasons of the unconstitutionality of any other portion or provision. SECTION 3: Repealer. All ordinances, parts of ordinances, resolutions, and parts of resolutions in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. 1 SECTION 4: Effective Date. This ordinance shall become effective immediately. INTRODUCED AND PASSED by the City Commission of the City of Canyon, Texas on the 21st day of May, 2018. ________________________ Gary Hinders, Mayor ATTEST: __________________________ Gretchen Mercer, City Clerk 2 REGARDING ITEM 11 AGENDA To: Randy Criswell, City Manager From: Danny Cornelius, Director of Planning and Development Date: May 15, 2018 Re: Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1084, an Ordinance Amending the Code of Ordinances of the City of Canyon, Chapter 155, Subdivisions, by Adding Section 155.09 Abandonment of Public Right-of-Way. This ordinance would adopt procedures for abandoning any public right-of-way in the City, including streets, alleys, or easements. Occasionally a land owner will request that a street or alley right-of-way be abandoned and deeded to the adjacent land owners. This typically happens in cases where the street or alley has been dedicated by plat, but has never been constructed or used. In the past, the owner(s) would submit a letter requesting the abandonment. City staff would contact the various utility providers to determine if they have any objection or would need any easements once the right-of-way is abandoned. The request would be presented to the City Commission and, if approved, a quit-claim deed would be prepared by the City Attorney and filed with the Randall County Clerk’s office. All this would take place without any consideration by the Planning and Zoning Commission and without any application fees or compensation to the City from the property owners. The proposed ordinance is similar to the City of Amarillo’s. It amends the Subdivision Ordinance to provide a procedure for application, application fees, appraisal, and notification. The Planning and Zoning Commission voted unanimously to recommend approval of Ordinance No. 1084. City of Canyon  RIGHT-OF-WAY ABANDONMENT APPLICATION Minimum Submittal Requirements: ¡ Application fee of $250 ¡ Completed and signed application form ¡ Appraisal of fair market value prepared by a Texas licensed real estate appraiser, prepared no more than 3 months prior to the date the application is submitted. An appraised value less than the contributory value of the Right-of-Way to the adjoining private property will not be considered. Applicant Information Name Mailing Address City State Zip Code Phone Number Fax Number Email Address Site Information Location of Right-of-Way Abandonment Request: Adjacent Property Owners Signatures We, the undersigned property owners do hereby request that the City of Canyon abandon the right-of-way as described herein. (Please include your name and address of your property adjacent to said right-of-way) 1. 2. 3. 4. 5. 6. 7. 8.  ORDINANCE NO. 1084 Abandonment of Public Right-of-Way AN ORDINANCE OF THE CITY OF CANYON, TEXAS, AMENDING CHAPTER 155, SUBDIVISIONS, OF THE CITY OF CANYON CODE OF ORDINANCES, BY ADDING SECTION 155.09 ABANDONMENT OF PUBLIC RIGHT-OF-WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; the passage, promulgation, and enforcement of the provisions herein contained are determined necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers and police powers delegated to and possessed by the City of Canyon; and, WHEREAS; the Planning and Zoning Commission of the City of Canyon, recommended certain amendments to City of Canyon Code of Ordinances, Chapter 155, Subdivisions; and, WHEREAS; the City Commission finds that the proposed amendments to Chapter 155 as recommended by the Planning and Zoning Commission would be in the best interest of the City; NOW THEREFORE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1: That CHAPTER 155, SUBDIVISIONS, GENERAL PROVISIONS, Section 155.09, Abandonment of public right-of-way, is hereby adopted as follows: In addition to the requirements set for in V.T.C.A, Local Government Code, Chapter 272, the following shall control the consideration of requests for abandonment of Public Rights-of-Way that are abandoned by separate legal instrument: (A) The applicant shall submit, along with an application to abandon Right-of-Way, an appraisal of fair market value prepared by a Texas licensed real estate appraiser that was prepared no more than three (3) months prior to the date the application is submitted for consideration. An appraised value less than the contributory value of the Right-of-Way to the adjoining private property will not be considered. (B) The applicant shall pay the following filing fees for Public Right-of-Way abandonment: Two Hundred and Fifty dollars ($250.00) for each alley, easement, or street abandonment request filed for consideration. (C) Notification signs shall be posted on the Street Right-of-Way proposed for abandonment according to written rules established by the City Manager. SECTION 2: Severability. If any provision, section, subsection, clause, or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision continued herein shall 1 become inoperative or fail by any reasons of the unconstitutionality of any other portion or provision. SECTION 3: Repealer. All ordinances, parts of ordinances, resolutions, and parts of resolutions in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 4: Effective Date. This ordinance shall become effective immediately. INTRODUCED AND PASSED by the City Commission of the City of Canyon, Texas on the 21st day of May, 2018. ________________________ Gary Hinders, Mayor ATTEST: __________________________ Gretchen Mercer, City Clerk 2 REGARDING ITEM 12 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: May 21, 2018 Re: Consider and Take Appropriate Action on Ordinance No. 1085, Establishing Load Restrictions on Certain Roadways Over the years, we have taken some County Roads into the City Limits as we’ve grown, and as such have also take over the responsibility for those roads. We also have a section in our Code of Ordinances that establish truck routes. After reviewing some of the concerns we have about the construction quality and integrity of roads like Hunsley Road and WTAMU Drive, we believe it is appropriate to ask you to grant the Chief of Police the authority to establish roadways that would prohibit truck traffic. Right now, the main ones we’re looking at are: Hunsley Road Between US 60/87 and FM 2590 (Soncy) WTAMU Drive Between Spur 48 (Russell Long Blvd.) and FM 3331 Country Club Drive Between Hunsley Road and the north boundary of the Madison Park Subdivision Country Club Road Between US 60/87 and the west N. 23rd St. right-of-way HOWEVER, this ordinance will allow for the Chief of Police to designate other roadways that would prohibit trucks in the future if such need arises. It is staff’s recommendation that Ordinance No. 1085 be adopted. City of Canyon  ORDINANCE NO. 1085 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CANYON, TEXAS, ADDING SECTION 71.57 TO THE TRAFFIC CODE, PROVIDING WEIGHT LIMITATIONS ON CERTAIN STREETS WITHIN THE CITY OF CANYON, PROVIDING PENALTIES, REPEALING ALL ORDINANCES IN CONFLICT AND ESTABLISHING AN EFFECTIVE DATE. _________________________________________________ WHEREAS, truck traffic on the streets of Canyon has caused or may cause damage to the streets and said damage poses a danger to the Citizens of Canyon; and, WHEREAS, the City Commission of the City of Canyon desires to regulate truck traffic within the City; by establishing load limit restrictions; and, WHEREAS, the City Commission of the City of Canyon has found that regulating the presence of large load vehicles will positively impact the safety of its citizens and the preservation of its roads and streets; and, WHEREAS, the City Commission of the City of Canyon finds that controlling commercial traffic will improve the residents' quality of life. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Canyon: SECTION 1 : A new Section 71.57 is added to the Traffic Code to provide as follows: DEFINITIONS: The following words and phrases when used in this section, shall, for the purpose of this subsection, have the meanings respectively ascribed to them as follows: Truck: Every commercial motor vehicle designed, used or maintained primarily for the transportation of goods or other personal property, and designed for, and having a gross vehicle weight rating in excess of 26,000 lbs. as determined by the manufacturer’s gross vehicle weight rating (GVWR). The definition does not include government vehicles. Semi-trailer: Every vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Trailer: Every vehicle without motive power, designed for carrying persons or property -1-  and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle except for the towing connection. Truck Routes: For the purpose of this and other ordinances pertaining to truck traffic, truck routes are hereby defined in Section 71.56 of the City of Canyon Code of Ordinances. Truck Traffic: The operation of any commercial truck or any combination of a truck tractor, trailer, semi-trailer or pole trailer. Weight Restricted Routes: For the purpose of this ordinance, those streets and thoroughfares within the corporate limits of the City of Canyon identified with appropriate signage, are hereby designated as weight restricted or load zoned routes as determined by the Chief of Police pursuant to Section 71.56 of this Code. SECTION 2: No person, firm or business shall operate trucks, trucks and trailers or semi-trailers on routes where weight limits are restricted for trucks as above-defined unless the GVWR is within the limits above-described. It is unlawful for a truck, truck with a trailer or semi-trailer to operate on a public street or highway within the corporate limits of the City of Canyon unless such route has been designated by the Chief of Police for truck traffic pursuant to §71.56 of this Code. SECTION 3: Criminal Penalty and/or Civil Liability. Any person, firm, company or corporation who shall violate any provision of this article shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in accordance with Section 10.99 of this Code and not to exceed five hundred dollars ($500.00) for each such offense. Further, any such person(s), firm(s), company(ies) or corporation(s) found to be in violation, shall be fully liable for damages to any public or private property, including but not limited to streets, curbs, gutters and sidewalks. SECTION 4: Repealing Clause. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 5: Effective Date. This Ordinance shall become effective 10 days following its passage and publication as required by law. SECTION 6: Severability. -2-  That if any section, subsection, sentence, clause or phrase of the Ordinance, or the application of the same to particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this Ordinance and to such end the various portion and provisions of this Ordinance are declared to be severable. INTRODUCED AND PASSED by the City Commission of the City of Canyon, Texas, on the 21st day of May, 2018. Gary Hinders, Mayor ATTEST: Gretchen Mercer, City Clerk -3-