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 1st day of May 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. Public Comment – Comments from Interested Citizens. 5. Approval of the Minutes of the Meeting of April 17, 2017. 6. Proclamation Honoring Canyon Lady Eagles Basketball Team for 4-peat. 7. Consent Agenda: It is recommended that the consent agenda be approved with one motion. A. Second and Final Reading of Resolution No. 06-2017, A Resolution of the City Commission of the City of Canyon Approving Funding Allocation of $16,000. The Funding will Upgrade Public Spaces in the Canyon Area Library. The Project Benefits the Community and is Considered Enhancement of the Quality of Life in Canyon. B. Second and Final Reading of Resolution No. 07-2017, A Resolution of the City Commission of the City of Canyon Approving Project Funding Agreement Between Ruthette’s LLC and Canyon Economic Development Corporation Regarding Direct Financial Assistance for a Project Located at 1512 5th Avenue, Suite 202, Canyon, Texas. The Funding is Based on New Business Development. C. Second and Final Reading of Resolution No. 08-2017, A Resolution of the City Commission of the City of Canyon Approving Additional Funding in the Amount of $50,000 for the Small Business Assistance Fund. The Fund Was Established October 4, 2010 (RESOLUTION NO. 13-10) As Part of the Canyon Economic Development Corporation. 8. Report and Presentation from WTAMU Criminal Justice Students on Police Department Assessment and analysis. 9. Recycling Update As Per Commission Goals. 10. Consider and Take Appropriate Action on Adoption of Resolution No. 10-2017, A Resolution of the City Commission of the City of Canyon Adopting A Municipal Policy Relating to Community Gardens and Use of the Public Water Supply on Privately Owned Community Gardens and Rental of Garden Plots on City Owned Land. 11. Adjournment. 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 28th day of April 2017. City of Canyon City Commission Meeting April 17, 2017 The City Commission of the City of Canyon met in regular session at 5:30 p.m. in the City Commission Chambers of the Civic Complex. Mayor Quinn Alexander presided over the meeting with the following Commissioners in attendance, Mayor Pro-Tem Gary Hinders, David Logan, Joseph Shehan and Justin Richardson. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Assistant City Manager for Special Projects Jon Behrens, Business and Community Development Director Evelyn Ecker, Director of Code Enforcement Danny Cornelius, Chief of Police Dale Davis, Director of Public Works Dan Reese and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Alexander called the meeting to order at 5:33 p.m. Item 2. Invocation. Mayor Alexander gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Chris Lyons. Item 4. Public Comment – Comments from Interested Citizens. Mr. Jeff Hooten of 8212 Tejas Trail, Amarillo, Texas. Mr. Hooten addressed the City Commission with concerns of the possibility of them rescinding the City of Canyon employees’ pension plan. Mr. Hooten explained he is a sergeant for the Randall County Sheriff’s Department and the Sheriff’s Deputies and Canyon Police Officers worked closely together and the employees of the City of Canyon deserved to be taken care of. Mr. Beau Fletcher of 100 Exmoor, Amarillo, Texas. Mr. Fletcher identified himself as a Canyon Police Officer and expressed concern about the possibility of the City Commission cutting the retirement for City of Canyon Employees. Mayor Pro-Tem Hinders inquired as to where the information came from the make people think this was being considered. Mr. Fletcher stated it was in a Canyon News Article written by Commissioner Shehan. Item 5. Approval of Minutes of the Meeting of April 03, 2017. Commissioner Shehan moved, duly seconded by Commissioner Richardson, to approve the minutes of April 03, 2017 as presented. Motion carried unanimously. Item 6. Proclamation Honoring Canyon Lady Eagles Basketball Team for 4-Peat. The Canyon Lady Eagles and Coach Lombard were unable to attend. The Proclamation will be presented at a later meeting. City Commission Meeting April 17, 2017 Page 2 of 6 Item 7. Conduct Public Hearing and Consider and Take Appropriate Action on a Variance Request To Permit a Wine and Beer Retailer’s Permit and a Mixed Beverage Permit with a Food and Beverage Certificate at Taqueria El Tapatio, 2301 12th Ave. Director of Code Enforcement Danny Cornelius presented a variance request from Taqueria El Tapatio at 2301 12th Ave. Mr. Cornelius explained this restaurant was less than 300ft from CISD Rex Reeves Elementary School therefore requiring a variance. Mr. Cornelius stated the previous restaurant at this location, Verona’s, had been granted a Beer and Wine variance. Mr. Cornelius said 22 letters were sent out to property owners within 300 feet with 10 responses received, 8 in support and 2 opposed. Mr. Cornelius said CISD responded in support of the variance request. Mayor Alexander opened the public hearing, there being no comment, Mayor Alexander closed the public hearing. After discussion, Commissioner Shehan moved, duly seconded by Mayor Pro-Tem Hinders to approve the Variance Request as presented. Motion carried unanimously. Item 8. Consent Agenda: It is recommended that the consent agenda be approved with one motion. A. Quarterly Finance Report. B. Quarterly Investment Report. C. Adoption of Resolution No. 11-2017, Denying the Surcharge Related to Docket No. 45524 Submitted by SPS on or About April 6, 2017. After discussion, Commissioner Richardson moved, duly seconded by Commissioner Logan to approve the consent agenda as presented. Motion carried unanimously. RESOLUTION NO. 11-2017 RESOLUTION BY THE CITY OF CANYON, TEXAS (“CITY”) DENYING THE SURCHARGE RELATED TO DOCKET NO. 45524 SUBMITTED BY SOUTHWESTERN PUBLIC SERVICE COMPANY ON OR ABOUT APRIL 6, 2017; AUTHORIZING PARTICIPATION IN A COALITION OF SIMILARLY SITUATED CITIES; AUTHORIZING PARTICIPATION IN RELATED RATE PROCEEDINGS; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Item 9. First Reading of Resolution No. 06-2017, Canyon Economic Development Corporation Request from the Canyon Area Library to Assist with Upgrades to Public Spaces. City Commission Meeting April 17, 2017 Page 3 of 6 Business and Community Development Director Evelyn Ecker presented Resolution No. 06-2017 for its first reading. Ms. Ecker stated the Canyon Area Library is in the process of upgrading the Tocker Room that us primarily used for programs focused on children. Ms. Ecker said a 3D type of flooring, new paint and a new projector and screen were being installed making the room more exciting for the children. Ms. Ecker stated the library has allocated $5,800 in the current budget and has solicited the CEDC as a partner in the project. Ms. Ecker said the CEDC board members voted to fund the remainder of the project not to exceed $16,000 at their March 9, 2017 meeting. No action required for the first reading of Resolution No. 06-2017. RESOLUTION NO. 06-2017 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING FUNDING ALLOCATION OF $16,000. THE FUNDING WILL UPGRADE PUBLIC SPACES IN THE CANYON AREA LIBRARY. THE PROJECT BENEFITS THE COMMUNITY AND IS CONSIDERED ENHANCEMENT OF THE QUALITY OF LIFE IN CANYON. Item 10. First Reading of Resolution No. 08-2017, Replenishing the Canyon Economic Development Board Small Business Fund of $50,000 as Recommended by the CEDC. Business and Community Development Director Evelyn Ecker presented Resolution No. 08-2017 for its first reading. Ms. Ecker said the Small Business Assistance Program was started in 2010 by the CEDC. The purpose is to assist local and new businesses with smaller projects. Ms. Ecker said to date the Small Business Assistance Fund has funded $113,084 in project requests. Ms. Ecker stated this is the third funding request of $50,000 since 2010. No Action required for the first reading of Resolution No. 08-2017. RESOLUTION NO. 08-2017 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING ADDITIONAL FUNDING IN THE AMOUNT OF $50,000 FOR THE SMALL BUSINESS ASSISTANCE FUND. THE FUND WAS ESTABLISHED OCTOBER 4, 2010 (RESOLUTION NO. 13-10) AS PART OF THE CANYON ECONOMIC DEVELOPMENT CORPORATION. Item 11. First Reading of Resolution No. 07-2017 With Regards to a Request form Ruthette’s LLC for Lease Assistance through the CEDC Small Business Assistance Program. Business and Community Development Director Evelyn Ecker presented Resolution No. 07-2017 for its first reading. Ms. Ecker stated Colette Lane and Avery Pinkerton were opening a unique store that would cater to brides. Ms. Ecker stated Ruthette’s Bridal Boutique would offer name brand, designer dresses with a protected territory agreement meaning duplicate gowns cannot be found within 300 miles. Ms. Ecker said the business will be located in the Shops on Fifth Avenue and plans to open May 15, 2017. Ms. Ecker said the CEDC board approved the request of no City Commission Meeting April 17, 2017 Page 4 of 6 more than $23,000 for lease assistance over a 3 year span unanimously at the March 6, 2017 meeting. No Action required for the first reading of Resolution No. 07-2017. RESOLUTION NO. 07-2017 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN RUTHETTE’S LLC AND CANYON ECONOMIC DEVELOPMENT CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE FOR A PROJECT LOCATED AT 1512 5TH AVENUE, SUITE 202, CANYON, TEXAS. THE FUNDING IS BASED ON NEW BUSINESS DEVELOPMENT. Item 12. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1060 to Rezone the Proposed Madison Park Unit No. 1 to SF-S (Single Family Suburban Residential District) and RC-1 (Retail District) from SF-A (Single-Family Agricultural Residential District). Director of Code Enforcement Danny Cornelius presented Ordinance No. 1060 for consideration. Mr. Cornelius said Axe Development submitted a plat for Madison Park Unit No. 1 and an application for change in zoning. Mr. Cornelius said the property was annexed as Single-Family Agricultural Residential District which is intended for principally undeveloped land and agricultural use. Mr. Cornelius said this development would have 250 plus homes. Mr. Cornelius stated the Planning and Zoning Commission voted unanimously to recommend approval of the zoning request to the City Commission at their April 10, 2017 meeting. Mayor Alexander opened the public hearing. There being no comment, Mayor Alexander closed the public hearing. After discussion, Commissioner Logan moved, duly seconded by Commissioner Shehan to adopt Ordinance No. 1060 as recommended by the Planning and Zoning Commission. Motion carried unanimously. ORDINANCE NO. 1060 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING MADISON PARK UNIT NO. 1, AN ADDITION OF THE CITY OF CANYON, RANDALL COUNTY, TEXAS, PROVIDING THAT THE ZONING CLASSIFICATION BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. Item 13. Consider and Take Appropriate Action on a Plat for Madison Park Unit No. 1. Director of Code Enforcement Danny Cornelius presented a Plat for Madison Park Unit No. 1. Mr. Cornelius said with the adoption of the zoning request for Madison Park Unit No. 1, the plat would need to be approved. Mr. Cornelius said the Planning and Zoning Commission voted unanimously to recommend approval of the plat to the City Commission for Madison Park Unit No. 1 at their April 10, 2017 meeting. City Commission Meeting April 17, 2017 Page 5 of 6 After discussion, Commissioner Richardson moved, duly seconded by Mayor Pro-Tem Hinders to approve the Plat for Madison Park Unit No. 1 as recommended by the Planning and Zoning Commission. Motion carried unanimously. Item 14. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1061 to Rezone the Proposed Quail Creek Addition Unit No. 4 to MF (Multi- Family Attached Residential District) from SF-A (Single Family Agricultural Residential District). Director of Code Enforcement Danny Cornelius presented Ordinance No. 1061 for consideration. Mr. Cornelius stated Domus Development LLC submitted a preliminary plat for Quail Creek Addition Unit No. 4 and an application for a change in zoning. Mr. Cornelius said the property was annexed as Single-Family Agricultural Residential District which is intended for undeveloped land and agricultural use. Mr. Cornelius said the proposed use is apartment buildings for student housing with 459 beds and parking for 500. Mr. Cornelius said the final plat should be ready for consideration in May. Mr. Cornelius said letters were sent to 21 property owners within 200 feet with 3 responses received. Mr. Cornelius said one was opposed and 2 expressed concerns to the zoning change. Mr. Cornelius said the Planning and Zoning Commission had voted unanimously to recommend approval of the zoning request at their April 10, 2017 meeting. Mayor Alexander opened the public hearing. There being no comment, Mayor Alexander closed the public hearing. City Manager Randy Criswell stated there had been some discussion of the increased traffic the addition of the apartments would create. Mr. Criswell requested that Canyon Police Chief Davis gather some information on the number of accidents and look into any problem with parking on Valley View Road. Chief Davis stated they looked into the requested information and there have been only 4 accidents in the last several years in the area. Chief Davis did recommend that parking on the west side of Valley View Road be prohibited and the speed limit be lowered from 30 mph to 25 mph. Mr. Criswell stated these issues would be addressed at a future meeting. After discussion, Commissioner Logan moved, duly seconded by Mayor Alexander to approve Ordinance No. 1061 as recommended by the Planning and Zoning Commission. Motion carried with Commissioner Shehan abstaining. ORDINANCE NO. 1061 Rezoning Quail Creek Addition Unit No. 4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING QUAIL CREEK ADDITION UNIT NO. 4, AN ADDITION TO THE CITY OF CANYON, RANDALL COUNTY, TEXAS, PROVIDING THAT THE ZONING CLASSIFICATION BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. City Commission Meeting April 17, 2017 Page 6 of 6 Item 15. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1055, an Ordinance Amending the Code of Ordinances, Chapter 156, Zoning Code, Amending Table 1-1, Summary Use Chart. Director of Code Enforcement Danny Cornelius presented Ordinance No. 1055 for consideration. Mr. Cornelius stated the Planning and Zoning Commission had completed a review and revision of Table 1-1, Summary Use Chart of the Zoning Code correcting several contradictions, outdated terms and questionable use regulations. Mr. Cornelius gave several examples and stated adoption of Ordinance No. 1055 would clean up and clarify Table 1-1 Summary Use Chart. Mr. Cornelius stated the Planning and Zoning Commission voted unanimously to recommend approval of Ordinance No. 1055 to the City Commission. Mayor Alexander opened the public hearing. There being no comment, Mayor Alexander closed the public hearing. After discussion, Commissioner Shehan moved, duly seconded by Commissioner Richardson to approve Ordinance No. 1055 as recommended by the Planning and Zoning Commission. Motion carried unanimously. ORDINANCE NO. 1055 Summary Use Chart Amendments AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: AMENDING THE CODE OF ORDINANCES OF THE CITY OF CANYON, CHAPTER 156, ZONING CODE, BY AMENDING TABLE NO. 1-1, SUMMARY USE CHART; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. Item 16. Consider and Take Appropriate Action on Resolution No. 10-2017, Adopting a Policy for Community Gardens and City Garden Plot Rentals. City Manager Randy Criswell stated Resolution No. 10-2017 was not complete and suggested it be considered at the next scheduled meeting of the City Commission. Item 17. Adjournment There being no further business, Mayor Pro-Tem Hinders moved this meeting be adjourned. ______________________________ Quinn Alexander, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary  WHEREAS, on behalf of the City Commission and all the citizens of Canyon, it is with a great deal of pleasure to express to all the members of the CANYON HIGH SCHOOL LADY EAGLES BASKETBALL TEAM, our sincere congratulations on your 4th consecutive State Championship; and WHEREAS, with another exciting and successful season, we are proud of the record you have earned through years of hard work and commitment, and the fine publicity you have brought to our community by your inspired team play; and WHEREAS, we are pleased to publicly commend Blaire Winings, Channing Cunyus, Caitlynne Speegle, Maddy Willis, McKenzie Taylor, Lexi Hernandez, Madi Rolan, Maci King, Ryan Patterson, Heather Davis, Angel Hayden, Faith Norman, Codi Bradstreet, Ayse Allison, Brylee Winfrey, and Carter Cluck; Coach Joe Lombard; Assistant Coaches Johnny Hampton, and Kody Smith; Manager Katie Hughes; Principal Tim Gilliland; Athletic Director Bryan Wood and Superintendent Darryl Flusche; and to extend this token of affection and admiration with which you are regarded in this city. NOW THEREFORE, We, Quinn Alexander, Mayor; Gary Hinders, Mayor Pro-Tem, and Commissioners David Logan, Joseph Shehan and Justin Richardson, of the City of Canyon, Texas, do hereby proclaim MAY 2017 as 4-PEAT CHAMPIONS CANYON HIGH SCHOOL LADY EAGLES BASKETBALL TEAM MONTH and express sincere appreciation to these honored citizens. GIVEN UNDER, my hand and seal of office, this 1st day of May, 2017. Quinn Alexander, Mayor ATTEST: Gretchen Mercer, City Clerk CONSENT ITEM A AGENDA To: Randy Criswell, City Manager From: Evelyn Ecker, Executive Director Canyon Economic Development Corp. Date: April 25, 2017 Re: Second and Final Reading of Resolution No. 06-2017 With Regards to a Request from Canyon Area Library to Assist with Upgrades to Public Spaces. The Tocker Room located at the Canyon Area Library is currently in the process of being upgraded and refreshed. The library has solicited the CEDC as a partner in this project. This is the second and final reading for Resolution No. 06-2017. It is the recommendation of staff to approve the project. City of Canyon  RESOLUTION NO. 06-2017 RESOLUTION OF THE CITY COMMISSON OF THE CITY OF CANYON APPROVING FUNDING ALLOCATION OF $16,000. THE FUNDING WILL UPGRADE PUBLIC SPACES IN THE CANYON AREA LIBRARY. THE PROJECT BENEFITS THE COMMUNITY AND IS CONSIDERED ENHANCEMENT OF THE QUALITY OF LIFE IN CANYON. WHEREAS, on April 13, 2017, the Canyon Economic Development Corporation (“CEDC”) held a public hearing regarding the use of sales and use tax revenues collected pursuant to the Development Corporation Act of 1979 (Tex. Rev. Civ. Stat. Art. 5190.6 §4B, (“the Act”) and to consider $16,000 to upgrade public spaces in the Canyon Area Library. The project benefits the community and is considered enhancement of the quality of life in Canyon; and WHEREAS, the City Commission of the City of Canyon, Texas, finds it to be in the public interest to fund the request from the Canyon Area Library; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: That the request from the Canyon Area Library Canyon be, and it is hereby approved, and the sales tax revenue collected pursuant to “the Act” by CEDC may be used for the primary purpose of financial assistance for a quality of life project. The sales tax revenue referred to in this Resolution shall be the revenue on deposit in Sales Tax Improvement Fund (Fund 40) for direct costs related to the project. INTRODUCED at the First Reading on the 13th day of April, 2017, and Adopted on the Second Reading on the1st day of May, 2017. ________________________________ QUINN J ALEXANDER, MAYOR ATTEST: _______________________________ Gretchen Mercer, City Clerk CONSENT ITEM B AGENDA To: Randy Criswell, City Manager From: Evelyn Ecker, Executive Director Canyon Economic Development Corp. Date: April 25, 2017 Re: Second and Final Reading of Resolution No. 07-2017 With Regards to a Request from Ruthette’s LLC for Lease Assistance Through the CEDC Small Business Assistance Program. The Canyon Economic Development Corporation voted March 9, 2017 to enter into a Funding Agreement with Ruthette’s LLC for lease assistance through the CEDC’s Small Business Assistance Program. The Funding Agreement is included with the memo. This is the second and final reading for Resolution No. 07-2017. It is the recommendation of staff to approve the project. City of Canyon  RESOLUTION NO. 07-2017 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN RUTHETTE’S LLC AND CANYON ECONOMIC DEVELOPMENT CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE FOR A PROJECT LOCATED AT 1512 5TH AVENUE, SUITE 202, CANYON, TEXAS. THE FUNDING IS BASED ON NEW BUSINESS DEVELOPMENT. WHEREAS, on APRIL 13, 2017 the Canyon Economic Development Corporation (“CEDC”) conducted a public hearing regarding the use of sales and use tax revenues collected pursuant to the Development Corporation Act of 1979 (Tex. Rev. Civ. Stat. Art. 5190.6 §4B, (“the Act”) and to consider a funding agreement for the primary purpose of which is the developing, stabilizing, diversifying, and expanding the economy through the retention, recruitment, expansion, and employment opportunities of the citizens of Canyon and the surrounding area and to enhance the quality of life of the citizens of Canyon and the surrounding area. WHEREAS, the City Commission of the City of Canyon, Texas, finds it to be in the public interest to execute a Project Funding Agreement between the Canyon Economic Development Corporation and Ruthette’s LLC, a registered entity qualified to do business in Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: That the Project Funding Agreement by and between CEDC and Ruthette’s LLC. be, and it is hereby approved, and the sales tax revenue collected pursuant to “the Act” by CEDC may be used for the primary purpose of financial assistance for new business development. The sales tax revenue referred to in this Resolution shall be the revenue on deposit in Sales Tax Improvement Fund (Fund 40) for direct costs related to the project. INTRODUCED at the First Reading on the 17th of April, 2017, and Adopted on the Second Reading on the 1st of May, 2017. ________________________________ QUINN J ALEXANDER, MAYOR ATTEST: _______________________________ Gretchen Mercer, City Clerk  CANYON ECONOMIC DEVELOPMENT CORPORATION PROJECT FUNDING AGREEMENT RUTHETTE’S LLC This agreement is made by and between the Canyon Economic Development Corporation (CEDC), a Texas non-profit corporation duly organized and existing pursuant to the TEXAS DEVELOPMENT CORPORATION ACT and RUTHETTES LLC, duly organized business under the laws of the State of Texas and qualified to do business in Texas. 1. The purpose of this agreement is to facilitate the proper use of funds held and administered by the CEDC, a tax supported non-profit corporation whose primary income is from sales tax collected within the City of Canyon and dedicated exclusively to economic development. The sales tax supporting CEDC is authorized as a local option under TEX. REV. CIV. STAT. ART. 5190.6 §4B, the primary purpose of which is the developing, stabilizing, diversifying, and expanding the economy through the retention, recruitment, expansion, and employment opportunities of the citizens of Canyon and the surrounding area and to enhance the quality of life of the citizens of Canyon and the surrounding area. 2. The project and performance requirements to be implemented by means of this agreement are described as follows: a. Second Party shall open a new retail business at 1512 5th Avenue, Suite 202, Canyon, Texas. b. Second Party will maintain space as retail for a minimum of 5 years. 3. The CEDC will provide the following funding and financial incentive for the project: a. An amount, not to exceed $21,600 as follows: (1.) The payment of $10,800 ($900 month; 50%) for Lease Subsidy for one year only. Lease will be reimbursed quarterly ($2,700) and in arrears. Start day will be the first day of the month preceding the official opening of the store. A copy of the lease will be provided. (2.) The payment of $6,480 ($540 month; 30%) for Lease Subsidy for one year only. Lease will be reimbursed quarterly ($1,620) and in arrears. The second year of funding will start the month after the one year anniversary of the business. (3.)The payment of $4,320 ($360 month; 20%) Lease Subsidy for the final year of funding. Lease will be reimbursed quarterly ($1,080) and in arrears. The final year of funding will start the month after the second year anniversary of the business. Page 1 of 7  (4).The financial statements and business update will be presented each quarter during the reimbursement period. (5).This Funding Agreement excludes reimbursement for the Triple Net amount from the Lease with Blue Bison Investments, LLC. b. All other terms and provisions of this agreement notwithstanding, the obligations of the parties hereto are expressly made contingent upon the following: i approval of the financial incentives by the CEDC Board; ii approval of the financial incentives by the Canyon City Commission; and, iii compliance with the requirements of the Texas Development Corporation Act of 1979, ART 5190.6 §4B (4B, a-1) TEX. REV. CIV. STAT. 4. The failure of Second Party to fully and timely comply with any performance requirement shall be an act of default by Second Party which shall entitle the CEDC to suspend further funding and, at its option, to terminate this agreement by written notice delivered pursuant to paragraph 9. 5. Second Party agrees to undertake the following actions in order to accomplish the project: a. Comply at all times with the requirements of paragraph 2 of this agreement during the term of this agreement. 6. Second Party makes the following covenants and warranties to the CEDC and agrees to timely and fully perform the following obligations and duties: a. Any false or substantially misleading statement contained herein or the failure of Second Party to comply and fully perform as required in this agreement shall be an act of default by Second Party. Failure to comply with any covenant or warranties shall constitute an act of default and entitle the CEDC to suspend further funding and at it’s option to terminate this agreement by written notice in accordance with paragraph 9 below. b. Second Party is authorized to do business in Texas, is in good standing in the State of Texas and shall remain in good standing in the State of Texas during the term of this agreement. c. No litigation or governmental proceeding is pending or to the knowledge of Second Party is contemplated or threatened against Second Party or affecting it’s operations or business that may result in any material or adverse change in Second Party’s business, properties, or operations. To Second Party’s knowledge, no additional consent, approval, or authorization of a governmental entity or other authority is required in connection with the execution and performance of this agreement or the transactions contemplated hereby. d. To Second Party’s knowledge no certificate or statement delivered by Second Party to CEDC in connection with this agreement or any transaction contemplated by this Page 2 of 7  agreement contains any untrue statement or fails to state the facts necessary to keep the statements contained therein from being misleading or false. e. There are no bankruptcy proceedings or other legal proceedings currently pending or contemplated affecting the Second Party. The Second Party has not been informed of any intent to initiate involuntary bankruptcy proceedings against Second Party. f. To it’s knowledge Second Party has acquired and maintained all necessary rights, licenses, permits, and authority to carry on it’s business in Texas and to perform the terms of this agreement and will continue to use it’s best efforts to maintain all necessary rights, licenses, and permits in current status and good standing. g. The funds provided by CEDC shall be utilized solely for the purpose of the project as stated in this agreement and within the scope of the project as stated in this agreement and for no other purpose. h. Second Party shall pay all taxes and assessments due and owing to all taxing authorities having jurisdiction over Second Party’s property and business operations. In addition, Second Party shall timely pay all employment, income, franchise, and other taxes due and owing by Second Party to all local, state, and federal entities. i. Second Party shall complete the project required by this agreement and shall provide the necessary staff and employees for the completion and performance of this agreement. j. Second Party shall timely and fully perform and comply with all terms and conditions of this agreement. k. Upon written request of CEDC Second Party shall notify CEDC in writing of substantial changes in the management of Second Party within seven (7) days. Substantial changes shall mean changes in executive officers, board members, or managers. l. The Second Party agrees that with regard to all programs and activities arising out of this agreement, the Second Party shall fully comply with all civil rights acts and specifically will not discriminate against any person upon the basis of race, color, national origin, gender, or by reason of being disabled. 7. The CEDC under the following circumstances and at the sole discretion of its board of directors may suspend the obligations under this agreement or may terminate this agreement without liability to the CEDC upon: a. The filing of bankruptcy proceedings or the appointment of a receiver of Second Party or any part of it’s assets or property and failure of such bankruptcy or receivership to be discharged within sixty (60) days of filing. Page 3 of 7  b. The adjudication of Second Party as a bankrupt. c. A change in ownership of Second Party which constitutes a material change in the nature of Second Party’s business and operations, unless Second Party has complied with paragraph 2 and 3(d) above. 8. Should Second Party fail to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, and conditions or warranties of this agreement such failure shall constitute an act of default by Second Party and, if not fully and completely cured within 60 days after written notice by CEDC to Second Party, the CEDC may terminate this agreement and pursue any legal remedies existing under the law; provided however, that Second Party’s liability under this agreement shall be limited to the immediate return by Second Party of all funds or other economic incentives provided by the CEDC and any consideration previously paid to Second Party by the CEDC. The rate of interest on all funds paid by the CEDC to Second Party subject to refund shall be 6% per annum. In the event CEDC should prevail in any litigation to recover funds pursuant to this paragraph, the CEDC shall, in addition to all other damages provided by this paragraph, be entitled to recover reasonable attorney’s fees and expenses of litigation. Provided, however, that if the default relates only to the number of employees to be maintained under Paragraph 2.c., the sole remedy of the First Party shall be to reduce the amount paid as set forth in Paragraph 3.d. of this agreement. 9. In the event of unforeseeable third party delays, in the performance of this agreement by Second Party, or force majeure, and upon a reasonable showing by Second Party that it has immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal, or abatement of such delays by using its best efforts, CEDC may consent and excuse any such delay, which consent shall not be unreasonably conditioned or withheld. The failure by Second Party to continuously and diligently pursue compliance shall constitute an act of default. 10. Any delay by the CEDC in providing notice of default to Second Party, shall in no event be deemed or constitute a waiver of such default by CEDC or waiver of any of it’s rights and remedies available under this agreement or at law or in equity. 11. Any waiver provided by CEDC to Second Party of an act of default shall not be deemed to constitute a continuing waiver or a waiver of any other existing or future act of default by Second Party even if the act or default is of the same or a similar nature. 12. Second Party specifically agrees that CEDC shall only be liable to Second Party for the amount of money actually budgeted and committed to the project described in this agreement. CEDC shall not be liable or held responsible for any other direct or indirect costs, attorneys fees, court costs, actual or consequential damages, direct or indirect, for any act of default by CEDC under the terms of this agreement. It is further stipulated and agreed that CEDC shall only be required to pay the amount of the project cost out of its sales tax revenues held and administered pursuant to §4B of the Development Corporation Act for the fiscal year in which the funding Page 4 of 7 under this agreement is due together with unencumbered funds then on hand and from no other source. It is specifically agreed however, that in the event actual total sales tax revenues collected by CEDC for any year during which this agreement is to be performed should be less than the total amount of all grants to all contracting parties for that year, then in that event, CEDC shall fund projects in the order the grants were awarded after payment of CEDC’s usual administrative cost and expenses. All contracting parties shall receive only their share of the available sales tax revenue for that year, less CEDC’s customary and usual administrative costs and expenses and CEDC shall not be liable to any contracting party for any deficiency for that time or in the future. In the event of such revenue shortfall, CEDC will provide written notice to all contracting parties affected by the revenue shortfall along with such documentation as will allow the contracting party to ascertain their share of the funding to be provided. 13. This agreement incorporates the entire agreement of the parties hereto and supersedes any oral or written previous and contemporaneous agreements between the parties relating to the matters covered by this agreement. Except as otherwise provided herein, this agreement cannot be modified or amended without a written agreement of the parties. 14. No term or provision of this agreement or an act of the CEDC in the performance of this agreement shall be construed as making or constituting Second Party or its employees, or agents, partners of the CEDC or employees of the CEDC. This contract shall not benefit any third party not a direct party to this agreement. 15. The termination of this agreement as provided herein may be upon mutual agreement of the parties or pursuant to the provisions hereof relating to default. The termination of this agreement either by mutual agreement or by notice served by the CEDC shall extinguish all rights, duties, and obligations of the CEDC and Second Party except as provided herein. 16. This agreement may be executed in a number of identical counterparts each of which shall be deemed an original upon execution and shall constitute the same instrument. 17. This agreement is made pursuant to the laws of the State of Texas and shall be governed and interpreted under the laws of the State of Texas without regard to any conflict of laws provision. Venue in any litigation arising out of the execution or performance of this agreement shall be in the court of appropriate jurisdiction in Randall County, Texas and in no other Venue. Second Party, by signing this agreement, consents to and waives any objections to in personam jurisdiction in Randall County, Texas. 18. In the event one or more of the provisions contained in this agreement should, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement. This agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 19. This agreement is subject to all legal requirements contained in the Municipal Charter of the City of Canyon and Code and Ordinances of the City of Canyon and all other applicable state and federal laws and regulations. Second Party agrees that, in compliance with this agreement, it Page 5 of 7 will promptly comply with all applicable laws, regulations, orders, and rules of the state, city, and other governmental entities. 20. This agreement shall be binding upon the parties hereto, their successors, and (where permitted) assigns. This agreement may not be assigned by either party without the specific prior written consent of the other, which consent shall not be unreasonably withheld or conditioned. Provided however, that in the event Second Party transfers all or substantially all it’s assets to another entity or merges with another entity to the extent that the underlying purpose of this agreement cannot, in the sole discretion of the CEDC’s board of directors, be accomplished, the CEDC shall have the option to suspend it’s performance under this agreement or terminate this agreement. 21. Second Party represents that no member of the board of directors of the CEDC or member of the governing body of the City of Canyon or any officer or employee of the City of Canyon or CEDC will be compensated in any manner with respect to directly or indirectly bringing the parties together for the purpose of this agreement or participation in the negotiation or formation of this agreement. No finder’s fee or other origination fee of any type will be paid or will become payable to any officer or employee of the City of Canyon, member of the governing body of the City of Canyon, or the governing body of the CEDC with regard to the formation or performance of this agreement. 22. All notices from one party to the other party required or permitted by this agreement shall be delivered personally or sent by certified mail postage prepaid addressed to the party at the address shown on the signature page. All notices shall be deemed given on the date so delivered or deposited in the mail unless otherwise provided. Either party may change its address by sending written notice of such change to the other party in the manner provided by this agreement. 23. All representations, warranties, covenants, and agreements of the parties as well as all rights and benefits of the parties pertaining to the transaction contemplated by this agreement shall survive the original execution date of this agreement and shall constitute continuing obligations. Page 6 of 7 Effective Date: ______________________________ CANYON ECONOMIC DEVELOPMENT CORPORATION By: _________________________________ Don Lee, President SECOND PARTY: RUTHETTE’S LLC By: _________________________________ Avery Pinkerton, Managing Member By:__________________________________ Colette Lane, Managing Member Page 7 of 7 CONSENT ITEM C AGENDA To: Randy Criswell, City Manager From: Evelyn Ecker, Executive Director Canyon Economic Development Corp. Date: April 25, 2017 Re: Second and Final Reading of Resolution No. 08-2017 With Regards to Additional Funding for the Small Business Assistance Fund as Part of the Canyon Economic Development Corporation. The Small Business Assistance Program was started in 2010 by the Canyon Economic Development Corporation. The purpose is to assist local and new businesses with smaller projects by streamlining the process of granting money. By approving $50,000 in designated funds for the program this eliminated the need for public hearings and reading of resolutions. A signed funding agreement is used for the request/grants. This is the second and final reading for Resolution No. 08-2017. It is the recommendation of staff to approve the project. City of Canyon  RESOLUTION NO. 08-2017 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING ADDITIONAL FUNDING IN THE AMOUNT OF $50,000 FOR THE SMALL BUSINESS ASSISTANCE FUND. THE FUND WAS ESTABLISHED OCTOBER 4, 2010 (RESOLUTION NO. 13-10) AS PART OF THE CANYON ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, on April 13, 2017, the Canyon Economic Development Corporation (“CEDC”) held a public hearing regarding the use of sales and use tax revenues collected pursuant to the Development Corporation Act of 1979 (Tex. Rev. Civ. Stat. Art. 5190.6 §4B, (“the Act”) and to consider additional funding of $50,000 for the fund, whose primary purpose of which is to be project approved through the Small Business Assistance Program; and WHEREAS, the City Commission of the City of Canyon, Texas, finds it to be in the public interest to fund additional money for the Small Business Assistance Program and the reinvestment in the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: That the addition funding CEDC and the City of Canyon be, and it is hereby approved, and the sales tax revenue collected pursuant to “the Act” by CEDC may be used for the primary purpose of financial assistance for a quality of life project. The sales tax revenue referred to in this Resolution shall be the revenue on deposit in Sales Tax Improvement Fund (Fund 40) for direct costs related to the project. INTRODUCED at the First Reading on the 17th day of April, 2017, and Adopted on the Second Reading on the1st day of May, 2017. ________________________________ QUINN J ALEXANDER, MAYOR ATTEST: _______________________________ Gretchen Mercer, City Clerk REGARDING ITEM 8 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: May 1, 2017 Re: Report and Presentation from WTAMU Criminal Justice Students on Police Department Assessment and Analysis. Last week, we received a report from Dr. Harry Heuston’s Criminal Justice class regarding a project they have worked on this semester. Their project was to evaluate multiple aspects of the Canyon Police Department. Dr. Heuston’s class has done things like this in the past, and the students do an excellent job of putting together useful and objective information on the subject they are given. I was asked to observe their presentation, and felt it would be appropriate for them to make the presentation to the City Commission, due to the fact that we’re beginning the budget process, and one of the recommendations from the report was for additional officers. I asked Dr. Heuston if the class would make this presentation to you, and they agreed. This will be a report/presentation only, with no action to be taken at this time. City of Canyon REGARDING ITEM 9 AGENDA To: Randy Criswell, City Manager From: Jon Behrens, Assistant to the City Manager Date: April 25, 2017 Re: Recycling Update as Per Commission Goals. One of the goals that were adopted by the City Commission for FY ’17 was a review of the recycling efforts of the City of Canyon. The attached report describes the various types of recycling that the City is involved in. Bobby Stennett and Dan Reese have been tracking these programs and were able to provide information related to each of them. As with any recycling efforts, most of these programs are not revenue sources for the City. If staff time and other expenses associated with each program were calculated, most of these programs would be considered non-cost effective. However, like most recycling programs, these programs have benefits that are not clearly evident. One of the major benefits of these programs is the fact that these items are not being added to the landfill. Items such as the white goods, scrap tires, and brush all are “heavier items” and have several indirect cost to the City. These indirect cost range from the additional fuel charges associated with large heavy items or items that tend to fill trucks quickly and therefore create the need for additional trips to the landfill. After meeting with Taylor Finley, of KB Recycling, it became evident that working with KB or developing a City operated curbside recycling program would not be feasible at this time. It would be staff’s recommendation that the City develop a plan to provide opportunities for citizens to participate in a cardboard/paper recycling program. Working with KB in a cardboard/paper recycling program would be a financially sustainable method to expand recycling in Canyon. Removing a portion of the cardboard from dumpsters around town will also allow for more efficient filling of dumpsters by residents. City of Canyon City of Canyon Recycling Report 3/21/17 The City of Canyon is currently involved in the following recycling efforts: Used Oil  21,214 gallons of used oil collected since November 2006. No additional revenue generated. Anti‐Freeze  Collection has not been tracked due to low level of participation. White Goods / Scrap Metal Collection  Consists mostly of home appliances including; washers, dryers, refrigerators, and freezers. A separate route is run to collect only white goods and scrap metal, as needed.  All other “clean” metals are accepted. Residents are doing a better job at bringing in their old appliances and metals compared to years past.  147.42 tons collected since January 2006.  Scrap has resulted in net income of $15,104.  City Staff are trained to remove and properly store / dispose of the HFC and/or Freon. Scrap Tires  Thoshanowasti Inc. picks up scrap tires from the City every three weeks.  City is charged $2.50 for car tires, $8.00 for car tires on rims, and $8.00 for truck tires.  Typically, 30 to 50 scrap tires picked up every three weeks  $2000 a year is budgeted for this process Brush Chips  Diverted approximately 200 tons of brush from the landfill over the past two years.  The 200 ton total reflects City collected and hauled brush and not the brush dropped off by City/County residents. The City runs a dedicated brush route, picking up brush only, to minimize contamination and enhance diversion.  Estimated total brush volume diverted approaching 600 tons for the last two years, due to contractor / citizen / outside city participation at the chip site. PDC Golf Course doing their own chipping. Chips from PDC used by golf course and Parks Department.  Chips from the chip site are used by Republic (Southwest Landfill) for roads, some use by dairies for bedding, and minimal use by citizens for landscape mulch.  City budgets $45,000 annually for chipping services. KB Recycling in Canyon Bobby Stennett, Brendon Banner, Dan Reese, and Jon Behrens met with Taylor Finley of KB Recycling on March 3, 2017. Taylor discussed KB’s current services and rates in Canyon. KB Curbside Recycling  68 customers paying $27/month for weekly service or $18/month for biweekly service and onetime $30 tub fee. Taylor stated that due to the cost associated with this program and the low price for these commodities, this program is not profitable. Expansion of the program would not increase its’ profitability. Due to the current market, plastic recycling is not profitable. It is more economical to manufacture new plastics than to use recycled materials. KB Cardboard Recycling  KB currently has containers at CISD schools, on WTAMU campus, and four or five commercial locations in Canyon. Current container rates are $55/monthly pickup, $65/twice monthly, and $75/weekly. Due to resell value of cardboard and paper, this is a profitable operation. As an example, if the City were to place 2 more cardboard / paper recycling dumpsters, through KB, an additional $2000 per year could be budgeted to cover this service. Potential City Recycling Effort Taylor Finley suggested that the City consider providing cardboard/paper recycling containers for the community. As recommended by KB, any type of paper goods would be allowed in the same dumpsters, not just cardboard. Bobby Stennett and Dan Reese stated that diverting cardboard boxes from the City trash stream would have a positive effect on trash services. Boxes that are not broken down tend to fill the dumpsters and cardboard does not compact as easily in trucks. *City of Canyon recycling information provided by Bobby Stennett ‐ Street and Solid Waste Superintendent and Dan Reese – Director of Public Works REGARDING ITEM 10 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: May 1, 2017 Re: Consider and Take Appropriate Action on Adoption of Resolution No. 10- 2017, Adopting A Policy for Community Gardens and City Garden Plot Rentals. As per your approval and direction at the last meeting, Chuck has prepared the necessary Resolution dealing with Community Gardens and City Garden Plot Rentals. It is staff’s recommendation that Resolution No. 10-2017 be adopted. City of Canyon  RESOLUTION NO. 10-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON ADOPTING A MUNICIPAL POLICY RELATING TO COMMUNITY GARDENS AND USE OF THE PUBLIC WATER SUPPLY ON PRIVATELY OWNED COMMUNITY GARDENS AND RENTAL OF GARDEN PLOTS ON CITY OWNED LAND. Findings: WHEREAS, the City Commission has determined that Community Gardens on public and private land enhance the civic and cultural life of the community, produce food for personal consumption and promote beautification of the City; and, WHEREAS, the City Commission of the City of Canyon, Texas, finds that Community Gardens as herein defined are in the public interest; and, WHEREAS, the City Commission adopts the following definitions: (a.) Community Gardens as used in this policy means a garden for the production of produce, fruit or vegetables for personal consumption (not for sale or resale) available to the public during reasonable hours without cost. (b.) Sponsor as used herein means, a non-profit entity, civic club, individual or group of individuals managing or working on a community garden. (c.) City codes means the Code of Ordinances of the City of Canyon as that Code may be amended from time to time. NOW BE IT RESOLVED: (1.) If a sponsor desires to qualify an agricultural activity as a Community Garden, the sponsor shall first apply in writing to the City Manager and supply sufficient information to allow the City Manager to determine that the proposed or existing garden qualifies under the City’s policy. (2.) The sponsor shall, upon approval be responsible for the following with regard to operation of the Community Garden: (A.) Control of noxious, undesirable or illegal plants; (B.) Compliance with City codes at all times; (C.) Installation and proper maintenance of a drip irrigation (resolution.city-garden)  system and prevention of flood irrigation, water run off or use of sprinklers. (D.) Regulation of water usage on the Community Garden. Note: water usage in excess of 2 gallons per square foot shall be considered prima facia excessive. (E.) Providing any additional information to the City as requested by the City Manager from time to time. (3.) If the sponsor establishes to the reasonable satisfaction of the City Manager that the project qualifies as a Community Garden: (A.) The City will install a tap in accordance with City codes to provide water to the Community Garden free of charge to the sponsor, contingent upon continued compliance with this policy. (B.) The City will supply a reasonable amount of water to the Community Garden at no cost as long as the sponsor is in compliance. (C.) The City may suspend the program during times of high demand or during droughts when a drought contingency plan has been placed in effect by the City or at any time for violation of this policy. (4.) The City is not responsible and shall not be held liable for the quality, quantity or safety of the food products grown in the Community Garden or for any interruption of the water supply to the Community Garden. (5.) The sponsor shall provide the City with a Hold Harmless Agreement to protect the City from any asserted claim or liability relating to the Community Garden. (6.) The City of Canyon may make garden plots available on land owned by the City for rental at the rate of $20 per season on a first come basis subject to the same rules and restrictions applicable to Community Gardens as set forth above and the following: (A.) Renters shall not cause or permit damage to City property. Any damage to City property which occurs by act or omission of the renter shall be the financial responsibility of the renter and any amount due shall be paid to the City on demand. (resolution.city-garden)  (B.) Any violation of this policy may, at the option of the City, result in loss of the renter’s privileges without refund of any rental paid to the date of the termination of renter’s use of City property. (C.) Renters shall not be obligated to make food products grown in rental plots available to the public at no cost. ADOPTED on May 1, 2017. ____________________________________ QUINN ALEXANDER, MAYOR ATTEST: ____________________________________ Gretchen Mercer, City Clerk (resolution.city-garden)