City of Canyon Commission Meetings

City Commission Meeting December 9, 2019 The City Commission of the City of Canyon at 4:30 pm 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 Cody Jones, Roger Remlinger, Paul R. Lyons and Randy Ray. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, Director of Public Works Dan Reese, Librarian Janice Doan, Planning and Development Director Danny Cornelius, Business and Community Development Director Evelyn Ecker, Director of Golf Casey Renner, Golf Superintendent John Haun, Police Lieutenant Ray Resendez, Utility Department Supervisor Eric Whitten, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:37 p.m. Item 2. Invocation. Commissioner Ray gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Lyons. Item 4. Approval of Minutes of the City of Canyon Commission Meeting of November 18, 2019. Commissioner Ray moved, duly seconded by Commissioner Remlinger to approve the minutes of November 18, 2019 as presented. Motion carried unanimously. Item 5. Public Comment – Comments From Interested Citizens. Nola Hopkins – 1005 5th Ave, Canyon, Texas. Ms. Hopkins asked about the patches in the brick streets and requested the brick streets be maintained keeping the historical beauty of Canyon. Bill Green – 902 5th Avenue, Canyon, Texas. Mr. Green stated he does historical research. Mr. Green said the brick streets were laid in the 1920’s and much cheaper to maintain. Mr. Green appealed to the City Commission to maintain the brick streets. Richard Bowers – 580 20th Street, Canyon, Texas. Mr. Bowers also stated he felt the brick streets should be restored and maintained. Item 6. Presentation by WTAMU President, Dr. Walter Wendler Regarding the Economic Impact of WTAMU on Randall and Potter Counties. West Texas A&M University President, Dr. Walter Wendler, presented information on the economic impact of WTAMU on the surrounding area. City Commission Meeting December 9, 2019 Page 2 of 6 Item 7. Palo Duro Creek Golf Course Annual Report. Palo Duro Creek Golf Course Director Casey Renner and Golf Course Superintendent John Haun presented the 2019 Palo Duro Creek Golf Course Annual Report. Item 8. Consider and Take Appropriate Action on Resolution No. 20-2019, Adopting an Annexation Calendar as Requested by Kuhlman & Sons, LP, Acting by and Through its Duly Authorized Representative, Daryl R. Furman, RPLS. Planning and Development Director Danny Cornelius presented Resolution No. 20-2019 for consideration. Mr. Cornelius stated as requested by the developer, Resolution No. 20-2019 would adopt an annexation calendar to annex in an extension of Canyon East with approximately 72 more lots. Mr. Cornelius then gave a brief explanation of the newly adopted rules for the annexation process. Mr. Cornelius explained in the interest of completing the annexation in an acceptable time, TML Legal had issued the opinion that under the new annexation laws adopted in the last legislative session, it was acceptable to have 2 public hearings as separate items in the same meeting to meet the public hearing requirements. Mr. Cornelius said this will not be the norm, but only for the two requested annexations at hand due to the timing of the holidays and meetings. After discussion, Commissioner Remlinger moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 20-2019 as requested. Motion carried unanimously. RESOLUTION NO. 20-2019 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 KUHLMAN AND SONS, LP, A TEXAS LIMITED PARTNERSHIP, ACTING BY AND THROUGH HERBERT KUHLMAN & SONS, INC., A TEXAS CORPORATION, AS GENERAL PARTNER, ACTING BY AND THROUGH ITS DULY AUTHORIZED PRESIDENT, MICHAEL H. KUHLMAN, AND VICE PRESIDENT, GARY A. KUHLMAN. Item 9. Consider and Take Appropriate Action on Resolution No. 21-2019, Adopting an Annexation Calendar as Requested by Southwestern Public Service Company, Acting By and Through its Duly Authorized Representative, Sean L. Frederiksen, Siting and Land Rights Manager. Planning and Development Director Danny Cornelius presented Resolution No. 21-2019 for consideration. Mr. Cornelius stated Xcel Energy requested annexation for the purpose of a substation. Mr. Cornelius said if adopted, Resolution No. 21-2019 would set the annexation calendar the same as the voluntary annexation of Canyon East. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to adopt Resolution No. 21-2019 as presented. Motion carried unanimously. City Commission Meeting December 9, 2019 Page 3 of 6 RESOLUTION NO. 21-2019 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 XCEL ENERGY, INC., A TEXAS CORPORATION, ACTING THROUGH ITS DULY AUTHORIZED REPRESENTATIVE, SEAN L. FREDERIKSEN. Item 10. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1119, Rezoning the Proposed Spring Canyon Unit No. 1. Director of Planning and Development, Danny Cornelius presented Ordinance No. 1119 for consideration. Mr. Cornelius said Canyon Capital Group, LLC submitted a plat for Spring Canyon Unit No. 1 with an application for change in zoning. Mr. Cornelius stated the first phase will contain 84 lots with lots 1, 14, and 15 of Block 1 and Lot 40 of block 2 zoned RC-2 (Commercial District). Mr. Cornelius said Lots 2-13 and 16-43 of Block 1, Lots 1-19 and 22-39 of Block 2, Lot 1 of Block 3 would be zoned SF-E (Single-Family Estate Residential District); and Lots 20 and 21 of Block 2 zoned as MF (Multi-Family Attached Residential District); all from SF-A (Single Family Agricultural Residential District) which is intended for undeveloped land and agricultural uses. Mr. Cornelius stated the Canyon Planning and Zoning Commission voted unanimously to recommend approval of the zoning change. Mayor Hinders opened the Public Hearing. Jonathon Lair – 11 Spring Lake, Canyon, Texas. Mr. Lair said it was amazing to work with the city and work out a whole new way of creating this project and it was exciting to see the water lines going in. Mr. Lair said this would be a development like no other. Mr. Lair expressed appreciation to all that worked together on the development. There being no other comments, Mayor Hinders closed the Public Hearing. After discussion, Commissioner Remlinger moved, duly seconded by Mayor Pro-Tem Jones to adopt Ordinance No. 1119 as presented. Motion carried unanimously. ORDINANCE NO. 1119 Zoning Spring Canyon Unit No. 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, ZONING SPRING CANYON UNIT NO. 1, 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 December 9, 2019 Page 4 of 6 Item 11. Consider and Take Appropriate Action on a Plat for Spring Canyon Unit No. 1. Planning and Development Director Danny Cornelius presented a Plat for Spring Canyon Unit No. 2 as submitted by the developers. Mr. Cornelius stated with the approval of the zoning request, consideration to the plat is needed. Mr. Cornelius said the plat proposes 78 Single-Family Estate Residential lots, 3 Commercial lots and 2 Multi-Family lots and would be served with city water and septic systems. Mr. Cornelius said a developer’s agreement had been signed and the design of the development followed those guidelines as set in conjunction with the City Commission. Mr. Cornelius highlighted the locations of the Spring Canyon Elementary School, the commercial lots and where the retention pond for storm water drainage would be located. Mr. Cornelius said it’s a different and exciting type of development. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to approve the plat for Spring Canyon Unit No. 1 as presented. Motion carried unanimously. Item 12. Conduct Public Hearing and Take Appropriate Action on Ordinance No. 1120, Adopting Revisions to the Drought Contingency Plan for the City of Canyon. Director of Public Works Dan Reese presented Ordinance No. 1120 for consideration. Mr. Reese stated under Texas Water Code, Chapter 11 and Title 30 of the Texas Administrative Code, Chapter 288 (Rules of the TCEQ), public water systems of 3,300 connections and larger are required to update the Drought Contingency Plan every five years. Mr. Reese stated a few minor tweaks were made, specifically addressing water use by city facilities. Mr. Reese gave a brief overview of the Drought Contingency Plan. Mayor Hinders opened the Public Hearing. There being no comment, Mayor Hinders closed the Public Hearing. After discussion, Commissioner Ray moved, duly seconded by Mayor Pro-Tem Jones to adopt Ordinance No. 1120 as presented. Motion carried unanimously. ORDINANCE NO. 1120 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Item 13. Executive Session Pursuant to §551.087 for Economic Development Negotiations, and §551.074 Board Appointments (Board of City Development, Canyon Housing Authority, Construction Advisory and Appeals Board, Canyon Area Library, Planning City Commission Meeting December 9, 2019 Page 5 of 6 and Zoning Commission, Parks, Open Space and Recreation Advisory Committee, Zoning Board of Adjustment, and Main Street Advisory Board). Mayor Hinders indicated the Commission would adjourn into Executive Session at 6:14 pm. Item 14. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 6:55 pm, the following action was taken. Commissioner Lyons moved, duly seconded by Commissioner Remlinger to appoint Kelsey Ward to the expiring term of Steve Wiegand, and reappoint Christina Cox to the Board of City Development. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to reappoint Medina Ortiz and Jerry Robinson to the Canyon Housing Authority. Motion carried unanimously. Commissioner Remlinger moved, duly seconded by Commissioner Lyons to reappoint Nolan Brown and Lyndon Johnson to the Construction Advisory and Appeals Board. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to appoint Wendy Cornelius and Raimey Doggett to the expiring terms of Nola Hopkins and Melissa Wright respectively, and to reappoint Bonnie Pendleton to the Canyon Area Library Board. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to appoint Roger Mitchell to the expiring term of Bobbie Jo Krutsch, and reappoint Jeremy Bradford and Lori Wilhite to the Planning and Zoning Commission. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to appoint Tim Bryson and Deanna Porter to the expiring terms of Stuart Sutton and Mary Clare Munger respectively, and reappoint Larry Bedwell to the Parks, Open Space and Recreation Advisory Committee. Motion carried unanimously. Commissioner Lyons moved, duly seconded by Commissioner Remlinger to appoint Jonathon Luna to the expiring term of Mary Ellen Brandt, reappoint Rich Hopson as alternate, and reappoint Wiley Harp to the Zoning Board of Adjustment. Motion carried unanimously. Commissioner Ray moved, duly seconded by Mayor Pro-Tem Jones to appoint Mary Ann Houston, Matt McCoams and Andy Hicks to the expiring terms of Kevin Friemel, Kelsey Ward, and Janna Wartes respectively, and appoint Sarah Sparks to fulfill the vacated term by Ashely Ramos on the Main Street Advisory Board. Motion carried unanimously. Item 15. Adjourn City Commission Meeting December 9, 2019 Page 6 of 6 There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 7:05 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary