City of Canyon Commission Meetings
Regular MeetingCanyon, TX · February 5, 2018
Minutes
City Commission Meeting
February 5, 2018
The City Commission of the City of Canyon met in regular session at 5:30 p.m. in the City
Commission Chambers of the Civic Complex. Mayor Gary Hinders presided over the meeting with
the following Commissioners in attendance, Cordell Jones, Roger Remlinger and Paul R. Lyons.
Mayor Pro-Tem Justin Richardson was unable to attend.
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, Chief of Police Dale Davis, City Engineer Dwight Brandt, and City Attorney Chuck Hester.
Item 1. Call to Order.
Mayor Hinders called the meeting to order at 5:33 p.m.
Item 2. Invocation.
Commissioner Jones gave the invocation.
Item 3. Pledge of Allegiance.
The Pledge of Allegiance was led by Commissioner Remlinger.
Item 4. Approval of Minutes of the Meeting January 22, 2018.
Mayor Hinders pointed out that the final motion carried unanimously was not stated on Item 15 of
the minutes.
Commissioner Remlinger moved, duly seconded by Commissioner Jones, to approve the minutes
of January 22, 2018 with the correction on Item 15 as stated. Motion carried unanimously.
Item 5. Public Comment – Comments From Interested Citizens.
No comments were made.
Item 6. Update from City Manager on Following Items: (This is a report only, questions are to
pertain to subject matter only. No other subject matter can legally be discussed in this
update), Verbal report only.
North Sewer Expansion Project
East Water Tower Coating Project
Canyon East Phase 6
Madison Park Phase 2
Wood Waste Site Evaluation
Item 7. Consider and Take Appropriate Action on Bids Received for Sealcoating – 2018
Project.
City Commission Meeting
February 5, 2018
Page 2 of 4
City Engineer Dwight Brandt presented bids opened at City Hall on Thursday, January 25, 2018.
Mr. Brandt stated the area to be sealcoated for 2018 was the remainder of Canyon East that
wasn’t sealcoated in 2017 and Hunsley Hills north of the creek. Mr. Brandt stated 3 bids were
received with the low bid submitted by Lipham Asphalt and Paving for $346,462.20.
BID TAB – SEALCOATING 2018 TOTAL BID DAYS TO COMPLETE
Lipham Asphalt and Paving $346,462.20 45 days
Freeman Paving $363,226.50 45 days
G&G Operators $386,696.52 90 days
After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to
award the Sealcoat Bid to Lipham Asphalt and Paving with the low bid of $346,462.20 as
recommended by the City Engineer and Staff. Motion carried unanimously.
Item 8. Consider and Take Appropriate Action on Bids Received for Water System
Improvements – 14” Transmission Line from Well No. 3 to Brown Road – EDA Project
#08-01-05039.
City Engineer Dwight Brandt presented bids opened at City Hall on Thursday, January 25, 2018.
Mr. Brandt stated the bids were to begin a project to upgrade / upsize the transmission line needed
for the four wells at the new Brown Road wellfield. Mr. Brandt stated funds remaining from the
EDA Grant funds in the amount of $150,000 would be used with the City’s match of 50% being
provided by the water bond money. Mr. Brandt stated this would not use all of the grant funds and
ways to expand the grant area enough to use the remaining grant funds have been considered, but
he didn’t believe it would be likely to find a project that fit, so some of the grant funding would
probably have to be given back.
Mr. Brandt stated 5 bids were received with Scott Wampler submitting the low bid of $99,437.00.
Mr. Brandt stated it was he and staff’s recommendation to award the bid to Scott Wampler.
Commissioners asked if this project included boring under Brown Road. Mr. Brandt stated it did,
but the project limits don’t go further west than Brown Road.
BID TAB – Water System Improvements – 14” Transmission Line From Water Well #3 to
Brown Road
TOTAL BID AMOUNT DAYS TO COMPLETE
Scott Wampler $ 99,437.00 90
AUC $127,590.00 90
West Texas Utility $147,054.00 150
MH Civil Constructors $165,000.00 90
LA Fuller & Sons $189,114.00 75
City Commission Meeting
February 5, 2018
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After discussion, Commissioner Jones moved, duly seconded by Commissioner Remlinger to
award the bid to the low bidder, Scott Wampler, with a bid of $99,437.00 as recommended by the
City Engineer and staff. Motion carried unanimously.
Item 9. Consider and Take Appropriate Action on Recommendation to Terminate Contract for
Collection Services Regarding Court Fees and Fines.
Mayor Hinders stated this item would be put off so that more information could be
gathered.
Item 10. Consider and Take Appropriate Action on Annual Police Report and 2017 Racial
Profiling Report From Chief of Police Dale Davis.
Chief of Police Dale Davis presented the Annual Police Report and 2017 Racial Profiling Report.
After discussion Commissioner Jones moved, duly seconded by Commissioner Remlinger to
approve the report as presented. Motion carried unanimously.
Commissioner Jones expressed appreciation for the Canyon Police Department and commended
them on doing a good job, with the rest of the Commission expressing the same.
Item 11. Executive Session Pursuant to §551.072 Deliberation of Real Property, and §551.071
Consultation with Attorney.
Mayor Hinders indicated the Commission would adjourn into Executive Session at 6:32 p.m.
Item 12. Consider and Take Appropriate Action on Items Discussed in Executive Session.
Upon returning from Executive Session at 6:59 pm, no action was taken.
Item 13. Consider Changing Date for Strategic Planning Session Scheduled for Friday,
February 2, 2018.
City Manager Randy Criswell stated Thursday, February 22, 2018 seemed to be a better date for
everyone on the City Commission to attend the Strategic Planning Session. All agreed to change
the meeting date to February 22, 2018.
Item 14. Adjourn.
There being no further business, Commissioner Remlinger moved this meeting be adjourned at
7:04 pm.
______________________________
Gary Hinders, Mayor
City Commission Meeting
February 5, 2018
Page 4 of 4
ATTEST:
________________________________
Gretchen Mercer, City Secretary
Agenda
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 5th day
of February 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.
2. Invocation.
3. Pledge of Allegiance.
4. Approval of the Minutes of the Meeting of January 22, 2018.
5. Public Comment – Comments from Interested Citizens.
6. Update from City Manager on Following Items: (This is a report only, questions are to pertain to subject
matter only. No other subject matter can legally be discussed in this update). Verbal report only.
• North Sewer Expansion Project
• East Water Tower Coating Project
• Canyon East Phase 6
• Madison Park Phase 2
• Wood Waste Site Evaluation
7. Consider and Take Appropriate Action on Bids Received for Sealcoating – 2018 Project.
8. Consider and Take Appropriate Action on Bids Received for Water System Improvements – 14”
Transmission Line from Well No. 3 to Brown Road – EDA Project # 08-01-05039.
9. Consider and Take Appropriate Action on Recommendation to Terminate Contract for Collection Services
Regarding Court Fees and Fines.
10. Consider and Take Appropriate Action on Annual Police Report and 2017 Racial Profiling Report From
Chief of Police Dale Davis.
11. Executive Session Pursuant to §551.072 Deliberation of Real Property, and §551.071 Consultation with
Attorney.
12. Consider and Take Appropriate Action on Items Discussed in Executive Session.
13. Consider Changing Date for Strategic Planning Session Scheduled for Friday, February 2, 2018
14. 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 2nd day of February 2018.
Gretchen Mercer, City Clerk
City of Canyon
City Commission Meeting
January 22, 2018
The City Commission of the City of Canyon met in regular session at 5:30 p.m. in the City
Commission Chambers of the Civic Complex. Mayor Gary Hinders presided over the meeting with
the following Commissioners in attendance, Cordell Jones, Roger Remlinger and Paul R. Lyons.
Mayor Pro-Tem Justin Richardson was unable to attend.
Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager
Chris Sharp, City Secretary Gretchen Mercer, Director of Business and Community Development
Evelyn Ecker, Director of Parks and Recreation Brian Noel, Assistant City Manager for Special
Projects Jon Behrens, Director of Code Enforcement Danny Cornelius, Safety Director Tony
Lawson, Public Works Director Dan Reese, and City Attorney Chuck Hester.
Also present were members of the Canyon Economic Development Corporation Board of Directors
Don Lee, Jim Bryan and Cory Bruce. A notice of possible quorum had been posted 72 hours in
advance of this meeting. No action was taken by the CEDC Board members.
Item 1. Call to Order.
Mayor Hinders called the meeting to order at 5:32 p.m.
Item 2. Invocation.
Commissioner Lyons gave the invocation.
Item 3. Pledge of Allegiance.
The Pledge of Allegiance was led Parks and Recreation Director Brian Noel. The Mayor
recognized Mr. Noel at this time as being named as the City of Canyon Citizen of the Year by the
Canyon News at the annual Chamber Awards Banquet held January 19, 2018.
Item 4. Approval of Minutes of the Meeting January 8, 2018.
Commissioner Remlinger moved, duly seconded by Commissioner Jones, to approve the minutes
of January 8, 2018 as presented. Motion carried unanimously.
Item 5. Public Comment – Comments From Interested Citizens.
No comments were made.
Item 6. Consent Agenda:
It is recommended that the consent agenda be approved with one motion.
A. Conduct Second Reading and Consider and Take Appropriate Action on Adoption of
Resolution No. 01-2018 With Regards to a Request from Panhandle-Plains Historical
Museum for Sponsorship of the Pop Culture Exhibit Opening 2018.
B. Conduct Second Reading and Consider and Take Appropriate Action on Adoption of
Resolution No. 02-2018 With Regards to a Request from Creek House Honey Farm
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January 22, 2018
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for Direct Financial Assistance to Expand the Current Business at 5015 4th Avenue,
Canyon.
C. Conduct Second Reading and Consider and Take Appropriate Action on Adoption of
No. 05-2018 With Regards to a Request from Squeezy Street Juice Bar LLC., for
Direct Financial Assistance for a New Business Located at 1512 5th Avenue, Ste.,
203, Canyon, Texas. The Funding is Based on New Business Development.
D. Conduct Second Reading and Consider and Take Appropriate Action on Adoption of
Resolution No. 06-2018 With Regards to a Request from Canyon Main Street for
Direct Financial Assistance to Fund a Twelve Month Marketing Campaign for Canyon
and Downtown Dining District.
Mayor Hinders introduced the consent agenda for the required second readings and approval of Resolution
No.’s 01-2018, 02-2018, 05-2018, and 06-2018.
Commissioner Jones moved, duly seconded by Commissioner Remlinger to adopt Resolution No.’s 01-
2018, 02-2018, 05-2018 and 06-2018 as presented. Motion carried unanimously.
Item 7. Conduct Second Reading and Consider and Take Appropriate Action on Adoption of
Resolution No. 03-2018 With Regards to a Request from Fox & Owl LLC. Dba Barrell
& Pie for Direct Financial Assistance for a New Business Located at 1512 5th Avenue,
Ste. 101, Canyon, Texas.
Mayor Hinders presented Resolution No. 03-2018 for the required second reading and
consideration. Commissioner Lyons again expressed his opinion that he did not support salary
assistance by the CEDC.
After discussion, Commissioner Rogers moved, duly seconded by Commissioner Jones to approve
Resolution No. 03-2018 as presented. Motion carried with Commissioner Lyons voting against.
Item 8. Conduct Second Reading and Consider and Take Appropriate Action on Adoption of
Resolution No. 04-2018 With Regards to a Request from Rocar Inc., dba U.S.
Cleaners, a New Business to be Located at 2005 N. 2nd Avenue, Ste. A., (The Depot)
Canyon, Texas. The Funding is Based on New Business Development.
Mayor Hinders presented Resolution No. 04-2018 for the required second reading and
consideration. Commissioner Lyons again expressed his opinion that it is not the place of the
CEDC to pay rent or lease for any business. Mr. Lyons offered an apology to Jeremy Johnson,
owner of Modern Cleaners, for bringing his business under scrutiny at the last meeting. Mr. Lyons
said he still didn’t feel it was fair for a new business to receive funding when an existing business
had not.
After discussion, Commissioner Jones moved, duly seconded by Commissioner Lyons to deny
Resolution No. 04-2018. Motion died to a tie vote with Mayor Hinders and Commissioner
Remlinger voting against, and Commissioner Jones and Commissioner Lyons voting for.
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January 22, 2018
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CEDC Board President Don Lee asked if he could speak. Mayor Hinders gave Mr. Lee the floor.
Mr. Lee stated when a project is found to be viable by the CEDC Board of Directors, it is then
brought to the City Commission to see if would be supported. Mr. Lee stated if the Commission
seemed to be supportive, the CEDC proceeded with the project. Mr. Lee stated if there were
questions about a project they should be asked before the final moment of adoption.
Commissioner Jones and Commissioner Remlinger expressed they felt they needed more
information. There was some discussion about Mr. Johnson (Modern Cleaners) having asked for
assistance and been told that the CEDC didn’t fund “service” businesses. Ms. Ecker was asked to
clarify what a “service” business was, which she did. She stated a Dry Cleaners collected sales
tax, and therefore wouldn’t be considered a “service” business. She stated she didn’t believe she
would have ever told anyone otherwise. Randy Criswell requested the floor. Mr. Criswell urged
the City Commission not to judge one project for a new business against an existing business,
when the existing business had not ever applied for or received funding. Mr. Criswell stated he felt
each project should stand on its own. He asked Ms. Ecker to look through her records and see if
there had ever been any conversation with Modern Cleaners, and she stated she would.
After more discussion, Commissioner Lyons moved, duly seconded by Commissioner Remlinger to
table Resolution No. 04-2018. Motion carried unanimously.
RESOLUTION NO. 04-2018
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON
APPROVING PROJECT FUNDING AGREEMENT BETWEEN ROCAR INC.,
AND CANYON ECONOMIC DEVELOPMENT CORPORATION REGARDING
DIRECT FINANCIAL ASSISTANCE FOR A PROJECT LOCATED AT 2005 N.
2ND AVENUE, SUITE A, CANYON, TEXAS. THE FUNDING IS BASED ON
NEW BUSINESS DEVELOPMENT.
Item 9. Consider and Take Appropriate Action on Approval of City of Canyon’s Investment
Policy.
Assistant City Manager Chris Sharp presented Resolution No. 07-2018 for consideration. Mr.
Sharp went over the highlights of the Investment Policy and changes made to meet all legal
requirements.
After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to
approve Resolution No. 07-2018 as presented. Motion carried unanimously.
RESOLUTION NO. 07-2018
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON,
RANDALL COUNTY, TEXAS, ADOPTING RULES GOVERNING THE
INVESTMENT OF FUNDS OF THE CITY, AND DESIGNATING THE
DIRECTOR OF FINANCE TO BE RESPONSIBLE FOR THE INVESTMENT OF
CITY FUNDS.
Item 10. Consider and Take Appropriate Action on Quarterly Finance Report.
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January 22, 2018
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Assistant City Manager Chris Sharp presented the Quarterly Finance Report. After discussion
Commissioner Jones moved, duly seconded by Commissioner Lyons to approve the Quarterly
Finance Report as presented. Motion carried unanimously.
Item 11. Consider and Take Appropriate Action on Quarterly Investment Report by Finance
Director Chris Sharp.
Assistant City Manager Chris Sharp presented the Quarterly Investment Report. After discussion
Commissioner Lyons moved, duly seconded by Commissioner Jones to approve the Quarterly
Investment Report as presented. Motion carried unanimously.
Item 12. Consider and Take Appropriate Action on Agreement for Alternative Payment Method
with Potter-Randall Appraisal District.
Assistant City Manager Chris Sharp presented an agreement between the Potter-Randall
Appraisal District and the City of Canyon. Mr. Sharp said currently the City of Canyon pays PRAD
one time a year
Item 13. Consider and Take Appropriate Action on Livestock Permit for Alberta Evans.
Director of Code Enforcement Danny Cornelius presented a permit renewal request from Alberta
Evans at 510 US Highway 60 (Xtreme Grooming). The current permit requires Ms. Evans to apply
for a renewal annually and if approved allows a maximum of 4 livestock animals (horses and
donkeys) on the property. Mr. Cornelius provided photos of the property as well as a history of the
permit requests back to 2010. Mr. Cornelius stated 5 notices were sent out to property owners
within 200 ft with one response received in opposition to the permit. Commissioners questioned
Ms. Evans about the condition of the property, junk around the property and outbuildings. Mayor
Hinders stated he drove past the property and what he saw was not what he feels the City
Commission envisioned it to be when previous permits were issued. Mayor Hinders suggested
time be given for Ms. Evans to find an alternate home for the animals to be moved to. Ms. Evans
stated she had been looking for a place to move the animals further out of the city limits, but
finding a place she could afford had not been successful. Commissioner Remlinger asked if the
privacy fence could be built around the whole property. Ms. Evans said she felt that could be done
when her husband was home on leave in April.
After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to
approve a Livestock Permit for 4 animals through July 1, 2018 with the requirement that a privacy
fence around the entire property be in place by the end of the permit term. Motion carried
unanimously. Mayor Hinders then reiterated that it may be time for Ms. Evans to move before
spending a lot of money on property improvements.
Item 14. Consider and Take Appropriate Action on Plat for Hix Road Unit No. 1.
Director of Code Enforcement Danny Cornelius presented the Commission with a Plat for Hix Road
Unit No. 1 from Clay Brett Adams of Panhandle Lodging, LLC. Mr. Cornelius stated the property is
City Commission Meeting
January 22, 2018
Page 5 of 6
not in the city limits, but the city has the authority to approve plats within the Extraterritorial
Jurisdiction (ETJ). Mr. Cornelius stated the proposed use of lot one of the property is an RV park
with 10 spaces with plans to build a home for himself on lot 2. Mr. Cornelius said the developer
has signed a Developers Agreement so the property would be easily annexed when appropriate.
Mr. Cornelius stated the Planning and Zoning Commission approved the Plat for Hix Road Unit No.
1 for recommendation to the City Commission unanimously.
After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to
approve the Plat for Hix Road Unit No. 1 as recommended by the Planning and Zoning
Commission. Motion carried unanimously.
Item 15. Consider and Take Appropriate Action on Plat for Nester Estate Unit No. 2.
Director of Code Enforcement Danny Cornelius presented the Commission with a Plat for Nester
Estate Unit No. 2 from George Nester. Mr. Cornelius stated the proposed use of the property is
for a store for the production and sale of honey. Mr. Cornelius said George and Paige Nester own
the home at 5015 4th Ave, next to the proposed store. Mr. Cornelius said the Planning and Zoning
Commission voted to approve the plat for recommendation to the City Commission unanimously.
After discussion, Commissioner Jones moved, duly seconded by Commissioner Remlinger to
approve the Plat for Nester Estate Unit No. 2 as recommended by the Planning and Zoning
Commission.
Item 16. Code Enforcement Annual Report.
Code Enforcement Director Danny Cornelius gave a summary of activity in the Code Enforcement
Department for 2017.
After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to
approve the 2017 Annual Code Enforcement Report as presented. Motion carried unanimously.
Item 17. Executive Session Pursuant to §551.072 Deliberation of Real Property, and §551.071
Consultation with Attorney.
Mayor Hinders indicated the Commission would adjourn into Executive Session at 6:50 p.m.
Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session.
Upon returning from Executive Session at 7:14 pm, the following action was taken.
Commissioner Jones moved, duly seconded by Commissioner Remlinger to authorize City
Manager Randy Criswell to enter into a contract to make an offer on the property located at 204
17th Street. Motion carried unanimously.
Item 19. Adjourn.
City Commission Meeting
January 22, 2018
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There being no further business, Commissioner Remlinger moved this meeting be adjourned.
______________________________
Gary Hinders, Mayor
ATTEST:
________________________________
Gretchen Mercer, City Secretary
REGARDING ITEM 7 AGENDA
To: Randy Criswell, City Manager
From: Dan Reese, Public Works Director
Date: January 29, 2018
Re: Consider and Take Appropriate Action on Bids Received for
Sealcoating – 2018 Project.
Last Thursday we opened bids on the annual sealcoating project. Three bids were
received.
The target area this year will be the remainder of Canyon East and Hunsley Hills,
north of the creek. A sketch of the project is attached. As we discussed last year, the
City has been divided into 8 areas now, first to keep the projects in budget, amidst
slightly higher prices and last, we believe that the extra year added to the program
will not have an adverse effect on the streets. The lack of bad winters over the last
several years has also been good for the condition of our streets. The total base bid
quantity was approximately 186,000 square yards.
The bids received ranged from $1.86 per square yard to $2.07 per square yard. The
low bid was submitted by Lipham Asphalt and Paving of Aspermont at the $1.86 per
square yard price. This is a $0.14 per square yard savings from last year. The total
amount for the base bid was $346,462.20. A contract completion time of 45 days
was also bid. Lipham has done quite a bit of our work through the years and we’ve
always worked well with them, and enjoyed the quality of their work.
The construction budget for this year was set at $ 357,000. We had decreased our
budget for this year from a normal of $400,000. Increasing the program to eight years
allowed us to do that. However as we grow and new streets are added, we’ll wind up
at the previous budget levels, simply from having more to maintain. Madison Park
alone will add 45,000 sy to our total. Canyon East will have added 65,000 sy, when
completed. These two subdivisions will have added about 8% to our total sealcoat
area. A bid tabulation sheet and award recommendation from the Engineer is also
attached.
The public works department concurs with the Engineer and recommends
awarding the 2018 sealcoating bid to Lipham Asphalt and Paving in the
amount of $346,462.20.
City of Canyon
REGARDING ITEM 8 AGENDA
To: Randy Criswell, City Manager
From: Dan Reese, Public Works Director
Date: January 30, 2018
Re: Consider and Take Appropriate Action on Bids Received for Water
System Improvements – 14 “ Transmission Line from Well No. 3 to
Brown Road – EDA Project #08-01-05039.
This is the beginning of a project to upgrade / upsize the transmission line needed for
the four wells at the new Brown Road wellfield. The reason that we didn’t complete
the entire pipeline with this project was the fact that we were unsure if there was
enough grant funds available to construct the entire line. Also, the grant’s site
certificate did not extend west of Brown Road. There is about $150,000 for
construction remaining in the grant funds, of which the City’s match is 50% or about
$75,000. Matching funds will be provided by the water bond money.
Bids were received and opened on Thursday, January 25, 2018. We received five
bids that ranged in total amounts from $ 99,437.00 to $ 189,114.00. The low bid was
submitted by Scott Wampler Construction, of Canyon. We have done several
projects with Wampler and have no issues in awarding the bid to them. An award
recommendation letter and bid tabulation from the engineer, is attached. A sketch of
the project area is also attached.
As you can see, this bid will not expend all of the grant funds. The EDA has been
very cooperative during the whole process, and hopefully we can broaden the grant
area enough to complete the transmission line during another project and use the
remaining $50,000 or so, to our advantage. We hate to have to return any grant
funding when we can get work done for fifty cents on the dollar.
The public works department concurs with the Engineer in recommending that
the bid of Scott Wampler Construction Services be awarded for this project in
the amount of $ 99,437.00.
City of Canyon
Brown Rd. Transmission Line
Data displayed were gathered 01/30/18 16:38
by the City of Canyon
for municipal purposes.
No guarantee is made
regarding suitability for
any other use or purpose.
REGARDING ITEM AGENDA
To: Mayor and City Commission
From: Chuck Hester, City Attorney
Date: December 29, 2017
Re: Consider and Take Appropriate Action on Recommendation to Terminate
Contract for Collection Services Regarding Court Fees and Fines.
________________________________________________________________________
In February of 2005 the City of Canyon entered into a collection services contract to
assist with recovery of fines and court cost due the Municipal Court. A copy of the
agreement is attached. The Texas Code of Criminal Procedure, ART 103.0031
authorized Municipalities and Counties to enter into private or public third party debt
collection agreements such as the attached agreement. The reason for the 2005
agreement, in short, was the challenge of proper personnel selection in the position of
Municipal Court Clerk. There is always a high volume of cases in Municipal Court and
inevitably no shows by pro se defendants and even attorneys which required follow up
and attention.
The primary problem was that the required follow up could not occur unless the cases
were maintained on a docket and accurate records of disposition and current status
were available to the Judge and Prosecutor. That problem has, in my opinion, been
resolved. I strongly recommend termination of the contract under the 30 day notice
provision of ¶ VI for the following reasons:
1.) The original reason for the contract no longer exists. We now have an
excellent, well trained and experienced Municipal Court Clerk who does
a very good job of case management and record keeping overall. Her
work is evaluated and supervised by the Municipal Judge.
2.) Case law and recent legislation, most notably SB 1913 requires that
fines and court costs on fine only cases not be treated as debts but that
the court conduct factual inquires and hold due process hearings
regarding a person’s ability to pay and consider alternatives to full
payment. Attached is a bench card from the Texas Office of Court
Administration which outlines the recommended procedures under the
new rules.
3.) Collection fees cannot be waived even if the court reduces or abates
the fine and court costs in a case. The Judge is not able to mitigate the
City’s liability for collection fees. Occasionally we have a Municipal
defendant who is sentenced to prison. Obviously the costs and fine
assessed are uncollectable and I will move to dismiss the case.
City of Canyon
AGENDA
4.) There are times when a defendant in Municipal Court has one or more
Randall County charges. In those cases I usually work with the defense
attorney to provide sufficient time to handle the pending Randall County
charges. That usually means one or more continuances are granted.
When the case is more than 60 days old, the defendant will began to
get debt collection letters from the Perdue Law Firm even though I am
actively handling the case as Municipal Prosecutor. That process
creates unnecessary confusion and misunderstanding on the part of the
defense attorney and the defendant and an annoyance to me.
In summary, it is my recommendation that the commission authorize Randy or I to send
written notice to terminate the agreement. On those occasions I have tried to contact
Perdue by phone to discuss the content of their communications to our defendants or to
ask them to stop interference with cases I am currently handling, I have not been able to
speak to a lawyer. The three lawyers in the Amarillo office of Perdue I was acquainted
with are no longer there. It would appear that the legal staff at Perdue works primarily on
tax collection matters. I am not certain there is even a lawyer responsible for their
Municipal collection business. We are in a position to handle our collections within the
Municipal Court staff and appointed officials and would be better off without the third
party contractor.
Therefore, I request that the Commission authorize termination of the Perdue Contract.
City of Canyon
REGARDING ITEM 10 AGENDA
To: Randy Criswell; City Manager
From: Dale Davis, Chief of Police
Date: 02/05/2018
Re: Approval of the Canyon Police Department 2017 Racial Profiling
Report and annual report.
Racial Profiling Report
In accordance with the Texas Code of Criminal Procedure Title 1, Chapter 2, Article 2.132 (7),
Racial Profiling data collected under Tier 1 reporting, must be presented to the governing body
of the municipality served by the agency. To comply with the law, Chief of Police Dale Davis
has provided the data to you for review.
The law does not require the agency to perform an analytical exam of the racial profiling data.
The law requires collection of the data for all motor vehicle stops. State law defines “Motor
vehicle stops” as an occasion in which a peace officer stops a motor vehicle for an alleged
violation of a law or ordinance. The data is required on motor-vehicle stops, in which a citation
is issued, and to any arrest made as a result of a motor vehicle stop.
The Canyon Police Department made 2119 traffic stops that resulted in a citation or arrest.
The number of traffic stops does not reflect the number of charges filed. Many stops result in
multiple charges being filed against the driver.
Annual Police Report
In accordance with City ordinance Sec. 70.58 Annual traffic report, the Chief of Police shall
provided an annual traffic report to the City Manager. To meet the requirement, an agency
annual report was submitted for review by staff and the City Commission.
I am pleased to report that the City of Canyon had a 31% reduction in crime for the year. Traffic
enforcement was down 5% and automobile crashes were up 13%. Call volume remained the
same from the previous year.
Officer responded to 5142 calls for service, resulting in 784 offense reports. It is projected that
the call volume will continue to rise with more people moving to Canyon, and the university
population rising as quick.
It is my recommendation that you approve the Racial Profiling and annual police report.
City of Canyon
Annual Report 2017
CANYON
POLICE
DEPARTMENT
FF
Table of Contents
Letter to Mayor and City Commission _____________________________________ 3
Mission Statement ______________________________________________________ 4
Agency Goals & Objectives
a) Training _________________________________________________________ 5
b) Embracing Change ________________________________________________ 5
c) Supervision ______________________________________________________ 6
d) Texas Police Chief’s Association Recognition ___________________________ 6
e) Police Budget ____________________________________________________ 6
Patrol Goals & Objectives_____________________________________________ 7
Detective Goals & Objectives__________________________________________ 7
School Resource Officer ______________________________________________ 7
Evaluation of Goals/Objectives
a) Officer Recruitment _______________________________________________ 8
b) Law Enforcement Management Institute of Texas& Certified Public Manager _ 8
c) Agency Recognition _______________________________________________ 8
d) Crime___________________________________________________________ 8
e) Part I Index Crime Defined___________________________________________ 9
f) Traffic Collisions___________________________________________________ 9
Racial Profiling _______________________________________________________ 11
Calls For Service
a) Annual _________________________________________________________ 12
b) Monthly ________________________________________________________ 13
Offense Reports
a) Annual 2008-2017 _______________________________________________ 14
b) Monthly ________________________________________________________ 15
Part 1 Index Crimes
a) Year comparison 2008-2017 ________________________________________ 16
b) By Offense _____________________________________________________ 17
Detective Case Assignment 2014-2017 _____________________________________ 18
Automated Fingerprint Identification System (AFIS)_________________________19
Traffic Citations Issued ________________________________________________ 20
Auto Crash
a) Property Damage/Bodily Injury _____________________________________ 21
b) Comparison 2007-2016 ____________________________________________ 22
c) Monthly ________________________________________________________ 23
1
Alcohol Arrest
a) DWI/DUI Minor Arrest 2008-2017 __________________________________ 24
b) Minor in Possession/Minor in Consumption 2008-2017 __________________ 25
Drug Arrest __________________________________________________________ 26
Animal Control
a) Domestic Animals ________________________________________________ 27
b) Wild Animals ___________________________________________________ 28
c) Animal Bites ____________________________________________________ 29
d) Enforcement ____________________________________________________ 30
2
CANYON POLICE DEPARTMENT
CITY OF CANYON, TEXAS
301 16TH Street~Canyon, Texas 79015
Dale Davis (806)655-5005~ Fax (806)655-5007
Chief of Police
January 06, 2017
Honorable Mayor Gary Hinders
Canyon City Commissioners
City of Canyon, Texas
Re: Annual Police Report- 2017
Dear Mayor Hinders and Commissioners:
I want to thank each one of you for the financial support to run a professional, highly trained
municipal police department. Your support provides us the capability to perform the essential
law enforcement services to our community. The Canyon Police Department is committed to
maintaining compliance with the Texas Police Chiefs Association best practices to assure we
operate professionally, ethically, and with high integrity.
The year 2017, ended with a lower crime rate in comparison to the previous year. Crime went
down 31% from what we experienced in 2016. Theft and burglary reports were the most
prevalent Part I Index crimes committed in the city for 2017. We saw significant reductions in
both of these categories for the year. I contribute the reduction in crime to the partnership
between the police department and the community.
Canyon PD did not see an increase in the number of calls for service for 2017. The number of
actual offense/incident reports went down roughly 13%.
Respectfully,
Dale Davis
Chief of Police
3
Canyon Police Department
Mission Statement
In cooperation with the community, the
Canyon Police Department is dedicated to
providing law enforcement services, while
promoting the agency’s goal of “Public
Safety”. The police mission includes the
maintenance of social order within carefully
prescribed ethical, constitutional, and legal
restrictions.
4
CANYON POLICE DEPARTMENT
Agency Goals & Objectives
Date: 01/10/2018
The major role of the Canyon Police Department is to provide the essential law enforcement
services to the citizens of Canyon, Texas, while promoting our goal of “Public Safety”. This
goal, along with supporting objectives, is the guiding principle by which we, the police, serve
our community. It is imperative that all officers of the Canyon Police Department pursue
this goal and objectives to their successful conclusion. New challenges are faced every day,
with each one being unique and different. Meeting those challenges require a highly
professional trained and discipline police force.
One of the most pressing and challenging duties of the police chief is establishing agency goals
and objectives in which all police personnel should be directing their efforts. Clearly defined
goals and objectives are essential for the police, if we are to provide effective law enforcement
services. I have established the following agency goals and objectives that I believe are
consistent with Canyon’s community values and needs.
Administrative Goals & Objectives
As Police Chief, I want to promote a professionally trained and highly disciple police force,
competent to provide the essential law enforcement services to the citizens of Canyon, Texas. I
want to promote a learning organization-
Promoting personnel training as a high priority;
Empowering our employees to make decisions & solve problems;
Embracing change- not resisting or fearing change;
Developing effective leaders, supervisor’s, and police managers;
Formulating sound policies, based upon professional standards; and
Establishing and operating within a sound, fiscal budget.
Personnel Training: Employee training continues to be a high priority within the Canyon
Police Department. In 2017, personnel completed 2898 hours of training, including state
mandated training. In 2018 I want to focus on 1st Line supervision, and training to address the
State of Texas Sandra Bland Act requirements. The state mandated training cycle began
September 1, 2017 and ends August 31, 2021.
Embracing Change: Law enforcement must adapt to continuous technological changes. In
2016 CPD began reporting the crime rate to DPS using the National Incident Based Reporting
model, (NIBRS), instead of the Uniform Crime Reporting System. There are few agencies in
5
the state that have migrated to the new reporting system. Our report management software
company, Cardinal Tracking, is one of a few NIBR’S approved software companies. The
mandated migration in Texas is slated for 2019. Due to the new Sandra Bland Act, law
enforcement agencies must elevate their racial profiling data to a Tier 2 level. Our current
report management system has updated their data collection capabilities to capture the Tier 2
data for TCOLE.
Supervision: “The two hardest things to handle in life are failure and success.” Supervision
plays a vital part in being a successful learning organization. A successful organization must
have effective leaders at all level of the organization. First-Line Supervisors are critical to our
success. They are responsible to direct the agency resources toward the accomplishment of our
goals and objectives; they are responsible to enforce our agency goals and objectives; and they
are responsible to develop their subordinates and identify training deficiencies. The current
supervision structure of the agency is as follows:
1- Chief of Police
1- Police Captain
1- Patrol Lieutenant
3- Patrol Sergeants
3- Patrol Corporals
Texas Police Chief’s Association Recognition: The agency should work within the set best
practices of the Recognition program and assure that compliance with each best practice is
maintained. It is our goal for 2018, to work toward re-recognition with Best Practices outlined
by the Texas Police Chief’s Association.
Police Budget: As Chief of Police, I have always submitted a reasonable budget to the Canyon
City Commission, justifying the operating costs of the Canyon Police Department. In exchange,
the City Commission has always provided the financial support needed to fund the Police
Department. Currently, the Police Department’s fiscal budget is slightly over $2 million. Police
personnel salary and benefits account for majority of the Police Department’s budget.
My goal is to operate the Police Department in a fiscally responsible manner, understanding
the importance of a tax-supported budget. As a fiscal planner, I budgeted for expenditures for
supplies, equipment, contractual services, and training necessary to accomplish our agency’s
goals and objectives. My budget goal is to provide adequate funds to operate the Canyon Police
Department. My budget objectives are to operate within the adopted budget, to ensure that
funds are being spent for authorized purposes, and to prevent wasteful spending.
6
Patrol Goals & Objectives
The patrol force, which is the most visible component within the city, remains the primary
component of the Police Department. In 2017 patrol officers drove 115,000 miles. Patrol
responded to 5142 calls-for-service, which resulted in 784 offense/incident reports and 232
auto crash reports. Of the 784 offense/incident reports, the officers arrested 369
individuals. Patrol wrote roughly 5672 warnings and/or citation during 2017. 2119 of the
5672 traffic stops, resulting in 2283 finable traffic citations.
In 2017, auto traffic collisions numbered 232 or a 13% increase from 2016. There were no
traffic fatalities in 2017.
In 2018 the patrol force goal is to increase traffic enforcement in an attempt to decrease or
prevent a significant increase the number of traffic accidents. The agency has set a goal to
decrease accidents by 5% and increase traffic enforcement by 5%. These numbers are
reasonable and can be achieved. Patrol supervisors should identify the contributing factors
of most accidents and assign directed patrol to address the violations.
Detective Goals & Objectives
In 2018 one goal of the Agency is to continue the reporting of recovered property to address
reporting criteria for the National Incident Based report. The Canyon Police Department
did a better job in 2017 assuring that majority of recovered property was documented.
In 2018 detectives have set a goal to maintain or show a slight increase in solvability of
assigned cases. This could be a difficult goal to meet since case load for each detective has
increased, and Detectives are being utilized to cover patrol.
School Resource Officer
In the fall of 1995, the Canyon Police Department implemented the School Resource
Officer’s Program in cooperation with the Canyon-ISD to foster safe schools. The primary
purpose of the SRO is to prevent crime, to promote school safety, and to enforce the law.
The SRO is responsible for the following goals and objectives:
To promote the SRO program;
To protect the integrity of the SRO program;
To provide crime prevention programs;
To promote positive interaction between the police, schools, & community; and
To ensure safe schools.
The two SRO’s assigned to Canyon Independent School District are: Daniel Roach- Canyon
High School, and Jimmy Hernandez- Canyon Jr. High/Canyon Intermediate School
7
Evaluation of Goals / Objectives-2017
Officer Recruitment, Retention & Training: The Canyon Police Department had 4 officers
resign in 2017. Officer Cody Jones and Beau Fletcher resigned to take a job with the Randall
County Sheriffs Office. The second officer was Aaron Savage. He went to work as an
investigator with the Randall County District Attorney office. Officer David Knepp resigned
his position with the agency. He was planning on continuing his education.
The goal of recruitment, retention, and training is to maintain a professionally trained police
force. The loss in law enforcement experience and training is costly to our citizen’s public
safety.
Law Enforcement Management Institute of Texas and Certified Public Managers: The Canyon
Police Department sends officers holding the rank of Lieutenant and above, to the Law
Enforcement Management Institute in Huntsville, Texas. To date, all upper command staff has
graduated from the Institute. In addition to the Institute, all command staff hold the official
designation of C.P.M. certified public managers, after graduating from the program offered by
Texas Tech University and Southwest Texas State University.
Agency Recognition: In 2006-2007, the Texas Police Chief’s Association developed the Texas
Law Enforcement Agency Recognition Program, establishing best practices necessary to
address the most critical tasks performed by Texas Law Enforcement. The best practices were
developed by law enforcement professionals to promote sound policies and procedures, based
upon professional standards or best practices, and to ensure the professional integrity of a law
enforcement entity. The Texas Law Enforcement Agency Recognition Program is a voluntary
process where police agencies prove their compliance with over 166 professional standards or
best practices. The Canyon Police Department maintains compliance with applicable
standards each day.
Crime: The City of Canyon continues to enjoy a manageable crime rate. In 2017 crime
decreased 31%. The goal of the agency is to educate the community in ways they can prevent
becoming a victim of crime. An acceptable level of Part I index crime for Canyon ranges
between 150 and 200 cases. The number of Part I index crimes for 2017 was 122.
Part I Index Crimes:
The NIBRS Program collects data about Part I offenses in order to measure the level and
scope of crime occurring throughout the Nation. The Program’s founders chose these
offenses because they are serious crimes, they occur with regularity in all areas of the
country, and they are likely to be reported to police.
8
Part I offenses are:
Criminal homicide ―a.) Murder and non-negligent manslaughter: the willful (non-
negligent) killing of one human being by another. Deaths caused by negligence, attempts to
kill, assaults to kill, suicides, and accidental deaths are excluded. The Program classifies
justifiable homicides separately and limits the definition to: (1) the killing of a felon by a
law enforcement officer in the line of duty; or (2) the killing of a felon, during the
commission of a felony, by a private citizen. b.) Manslaughter by negligence: the killing of
another person through gross negligence. Traffic fatalities are excluded.
Forcible rape ―The carnal knowledge of a female forcibly and against her will. Rapes by
force and attempts or assaults to rape, regardless of the age of the victim, are included.
Statutory offenses (no force used ―victim under age of consent) are excluded.
Robbery ―The taking or attempted taking of anything of value from the care, custody, or
control of a person or persons by force or threat of force or violence and/or by putting the
victim in fear.
Aggravated assault ―An unlawful attack by one person upon another for the purpose of
inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by
the use of a weapon or by means likely to produce death or great bodily harm. Simple
assaults are excluded.
Burglary (breaking or entering) ―The unlawful entry of a structure to commit a felony or
a theft. Attempted forcible entry is included.
Larceny-theft (except motor vehicle theft) ―The unlawful taking, carrying, leading, or
riding away of property from the possession or constructive possession of another.
Examples are thefts of bicycles or automobile accessories, shoplifting, pocket-picking, or
the stealing of any property or article that is not taken by force and violence or by fraud.
Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless
checks, etc., are excluded.
Motor vehicle theft ―The theft or attempted theft of a motor vehicle. A motor vehicle is
self-propelled and runs on land surface and not on rails. Motorboats, construction
equipment, airplanes, and farming equipment are specifically excluded from this category.
Arson ―Any willful or malicious burning or attempt to burn, with or without intent to
defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of
another, etc.
Traffic Collisions: In 2017, traffic enforcement decreased 5%, and traffic collisions
increased 13%. The goal is a see an additional decrease in traffic collision for 2018.
Identifying and aggressively enforcing traffic violations that contribute to traffic collisions
will help in achieving the goal in 2018.
9
As Police Chief, I believe that the majority of police officers want to do a good job. They just
need sound policy to guide their actions, training, and good supervision. We have established
reasonable and obtainable goals and objectives. I expect every employee to work collectively
toward their achievement.
Chief of Police
10
Canyon Police Department
Partial Exemption Racial Profiling Reporting
Tier 1
January 2017-December 2017
Number of motor vehicle stops:
1. 1953 Citation Only
2. 155 Arrest Only
3. 11 Both
4. 2119 Total
Race or Ethnicity:
5. 102 African
6. 29 Asian
7. 1541 Caucasian
8. 443 Hispanic
9. 4 Middle Eastern
10. 0 Native American
11. 2119 Total
Race or Ethnicity known prior to stop?
12. 215 Yes
13. 1904 No
14. 2119 Total
Search Conducted?
15. 144 Yes
16. 1975 No
17. 2119 Total
Was Search Consented?
18. 11 Yes
19. 133 No
20. 144 Total must equal #15 above
11
12
Monthly
Calls-For-Service
2017
463 462 466
445 452
427 431
410 415
396 395
380
13
Offense Reports
2008-2017
1000
900
900
796 804 784
762 781
800 764 738 752
729
700
600
500
400
300
200
100
0
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
14
Offense Report
Monthly
2017
88
76 76
68 66
64 63 62
56 58
54 53
15
City of Canyon Part I Index Crimes
200 2008-2017
183
180 178
160
136 148
140 131 126
120 132
120 116 122
100
80
60
40
20
0
2008 2009 2010 2011 2012
2013
2014
2015
2016
2017
16
2017
Uniform Crime Report
Part 1 – Index Crimes
140
122
120
100
78 2016
80
2017
60
40
20 22
16 12
20 11 9
6 3
0 0 1 0 0 0
0
Murder Rape Robbery Assault Burglary Theft Auto Theft Arson
17
Cases Assigned
Detective Division
2014-2017
600
518
443
500
346
400 293
300
200
100
0
2014 2015 2016 2017
18
Automated Fingerprint Identification System
(AFIS)
The Canyon Police Department was fortunate to be awarded an AFIS computer from the PRPC. PRPC learned that our agency was
progressive in crime scene latent print detection and processing. With the help of Sgt. Bruce Evans, RCSO, we were able to land an
instrument at no charge to the City of Canyon.
This computer, and other hardware, uses digital imaging technology to obtain, store, and analyze fingerprint data. Currently the
instrument is housed in the basement at City Hall.
The benefits of this machine are priceless. In the past, our latent prints were taken to Randall County Sheriff’s Office for processing.
For the year, 142 latent prints were scanned into the Canyon PD AFIS machine. There were 13 positive matches found for 6 different
cases. Ten print cards as well as known prints are incorporated into a latent print data base.
19
Monthly
Traffic Citations Issued
2017
296
271
222 220
205
190
170 168
163 162
118
98
20
Canyon Police Department
Auto Crashes
2017 Fatality
0
Bodily Injury
38
Property
Damage
194
21
City of Canyon
Traffic Collisions - 2008-2017
300
250
245 245
232
200 221
200 202 206
186 188 184
150
100
50
0
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
22
Monthly
Traffic Collisions
2017
26
23
21 22
21
19 20
16 17
16
14
12
23
Drunk Driving Arrest
2008-2017
137 137
113
101
99
85
80 78 83
71
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
2017: Adult- 66 Minors- 17
24
Minor in Possession/Consumption of Alcohol by Minor
2008-2017
290
252 261
250 241
209
145
136
117
56
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
2017: Minor in Possession- 17 Minor in Consumption: 39
25
Canyon Police Department
Drug Arrest 2017
120
103
100
78
80
60
40
17
20
0 0
0
Opium, Cocaine Marijuana Synthetic Narcotics Other Non-Narcotics Drug Paraphernalia
26
Animal Control Domestic Animals 2017
Dogs Returned, 98
Dogs Impounded,
176
Cats Impounded,
225
Cats Returned, 4
27
Animal Control
Wild Animals
2017
Racoons, 25
Possums, 89
Skunks, 74
Misc., 36
Squirrels, 25
28
Animal Control
Animal Bites
2017
12
4
0
Dog Bites Cat Bites Declared Vicious
29
Animal Control Enforcement
2017
Citations, 17
Warnings, 102
30
REGARDING ITEM 13 AGENDA
To: Mayor and City Commission
From: Randy Criswell, City Manager
Date: February 5, 2018
Re: Strategic Planning Session.
Since we need all five of you present, we have rescheduled the Strategic Planning
Session for Thursday, February 22. It will be at the Mack Dick Pavilion in Palo Duro
Canyon at 10:30 am. This seemed to be a day that everyone could make work.
City of Canyon
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