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 16th day of April 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 Dual Meeting of April 2, 2018 with the CEDC. 5. Approval of the Minutes of the Meeting of April 2, 2018. 6. Public Comment – Comments from Interested Citizens. 7. Update from Mayor Hinders on Arbor Day Efforts. 8. Conduct Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1079 to Rezone the Proposed Canyon East Unit No. 6 to SF-S (Single-Family Suburban Residential District) from SF-A (Single- Family Agricultural Residential District). 9. Consider and Take Appropriate Action on a Plat for Canyon East Unit No. 6. 10. Conduct Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1080, Rezoning 31 Hunsley Road to RC-2 (Commercial District) from RC-1 (Retail District). 11. Consider and Take Appropriate Action on Ordinance No. 1081, An Ordinance for the Implementation of a Fire Hazard Mitigation Plan for the City of Canyon. 12. Consider and Take Appropriate Action on Quarterly Finance Report. 13. Consider and Take Appropriate Action on Quarterly Investment Report. 14. Executive Session Pursuant to §551.072 Deliberation of Real Property; and 551.074 Personnel Matters (City Manager Contract). 15. Consider and Take Appropriate Action on Items Discussed in Executive Session. 16. 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 13th day of April 2018. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting April 2, 2018 The City Commission of the City of Canyon met in a Special Meeting with the Canyon Economic Development Corporation Board of Directors at 4:00 pm in the CEDC Board Room. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance, Mayor Pro- Tem Justin Richardson, Cordell Jones, Roger Remlinger and Paul R. Lyons. Included in the meeting were all members of the CEDC Board of Directors: President Don Lee, Randy Croslin, Bridget Johnson, Jim Bryan, Cory Bruce, Jill Sheldon, and James Irlbeck. Also present were the following City Staff: City Manager Randy Criswell, Business and Community Development Director Evelyn Ecker, Assistant City Manager Chris Sharp, Assistant City Manager for Special Projects Jon Behrens, City Attorney Chuck Hester, and Planning & Development Director Danny Cornelius. Item 1. Call to Order Following the call to order of the CEDC Board of Directors by President Don Lee, Mayor Hinders called the meeting of the Canyon City Commission to order at 4:02 pm Item 2. Work Session with Canyon Economic Development Corporation. Each attendee was given the opportunity to introduce themselves. There was discussion about the inception of the CEDC and its history, the processes, methods, and tools used by the CEDC, and general discussion and question/answer. Item 3. Adjourn. There being no further business, the meeting was adjourned. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary City Commission Meeting April 2, 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, Mayor Pro-Tem Justin Richardson, Cordell Jones, Roger Remlinger and Paul R. Lyons. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, Assistant City Manager for Special Projects Jon Behrens, Business and Community Development Director Evelyn Ecker, Parks Director Brian Noel, Safety Director Tony Lawson, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 5:31 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 March 19, 2018. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Remlinger, to approve the minutes of March 19, 2018 as presented. Motion carried unanimously. Item 5. Public Comment – Comments From Interested Citizens. There was no comment. Item 6. Present Proclamation for CASA. Mayor Hinders presented a Proclamation for CASA declaring April 2018 as “Canyon Child Abuse Prevention and Awareness Month”. Item 7. Consider and Take Appropriate Action on Ordinance No. 1077, An Ordinance Prohibiting Engine Brakes Within the City Limits of Canyon, Texas. Police Chief Dale Davis presented Ordinance No. 1077 for consideration. Chief Davis stated the use of engine brakes (Jake Brakes) produces a loud roar with a need to slow large trucks travelling on roads with a significant declining grade, of which there are very few, if any, in Canyon. So there is no valid reason for large trucks to use them in Canyon. After further discussion, Commissioner Jones moved, duly seconded by Commissioner Remlinger, to adopt Ordinance No. 1077 as presented. Motion carried unanimously. City Commission Meeting April 2, 2018 Page 2 of 3 ORDINANCE NO. 1077 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, AMENDING CHAPTER 70 OF THE TRAFFIC CODE BY PROHIBITING THE USE OF ENGINE BRAKES (ALSO KNOWN AS “JAKE BRAKES”); PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. Item 8. Consider and Take Appropriate Action on Ordinance No. 1078, An Ordinance Reducing the Speed Limit on Valley View Drive and a Portion of Country Club Drive to 25 mph. Police Chief Dale Davis presented Ordinance No. 1078 for consideration. Chief Davis stated lowering the speed limits as presented would address safety concerns due to high traffic volume for both motorist and pedestrians. After questions and discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones, to approve Ordinance No. 1078 as presented. Motion carried unanimously. ORDINANCE NO. 1078 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, AMENDING §71.30(A)(2)(d) OF THE TRAFFIC CODE TO PROVIDE FOR PRIMA FACIE SPEED LIMITS ESTABLISHED FOR MOTOR VEHICLES WITHIN THE CORPORATE LIMITS OF THE CITY OF CANYON AS PROVIDED IN THIS ORDINANCE, PROVIDING FOR A PENALTY AND AN EFFECTIVE DATE. Item 9. Consider and Take Appropriate Action on Update from Fire Chief Mike Webb as to the Status of Wild Fire Mitigation Plan. Fire Chief Mike Webb presented a draft for a Fire Hazard Mitigation Plan for the City of Canyon. Chief Webb stated to implement the proposed plan would require a commitment from the City of up to $40,000. After questions and discussion, Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Remlinger, to approve the expenditure of up to $40,000 for Fire Hazard Mitigation purposes for the City of Canyon. Motion carried unanimously. Item 10. Executive Session Pursuant to §551.072 Real Property. Mayor Hinders indicated the Commission would adjourn into Executive Session at 6:11 p.m. Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 6:20 pm, no action was taken. Item 12. Adjourn. City Commission Meeting April 2, 2018 Page 3 of 3 There being no further business, Mayor Pro-Tem Richardson moved this meeting be adjourned. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary REGARDING ITEM 8 AGENDA To: Randy Criswell, City Manager From: Danny Cornelius, Director of Planning and Development Date: April 10, 2018 Re: Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1079 to Rezone the Proposed Canyon East Unit No. 6 to SF-S (Single-Family Suburban Residential District) from SF-A (Single-Family Agricultural Residential District). Daryl R. Furman, R.P.L.S., representing Gary Kuhlman, recently submitted a plat for Canyon East Unit No. 6 and an application for a change in zoning. The property was annexed as SF-A (Single-Family Agricultural Residential District). SF-A is intended for principally undeveloped land and agricultural uses. The proposed use is single-family dwellings. The proposed zoning is SF-S (Single-Family Suburban Residential) District. We will need to hold a public hearing and take action on the zoning change before the plat can be considered. Letters were sent to 16 property owners within 200 feet. We received 1 response in favor of the request. The Planning and Zoning Commission voted unanimously to recommend approval of the zoning request. City of Canyon  ORDINANCE NO. 1079 Rezoning Canyon East Unit No. 6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING CANYON EAST UNIT NO. 6, AN ADDITION TO THE CITY OF CANYON, RANDALL COUNTY, TEXAS, PROVIDING THAT THE ZONING CLASSIFICATION BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission conducted a public hearing on April 9, 2018 for the purpose of considering rezoning certain properties situated in the City of Canyon. All owners of property within 200 feet, as indicated by the most recently approved municipal tax roll of real estate property, were given written notification, and opportunity to be heard, and proper notice by publication was given through the local newspaper in accordance with City Charter provisions, the Code of Ordinances and the Texas Local Government Code; and WHEREAS, the Planning and Zoning Commission has recommended rezoning the properties from SF-A (Single-Family Agricultural Residential District) to SF-S (Single-Family Suburban Residential District); and WHEREAS, the City Commission conducted a public hearing at its regular meeting and considered the recommendation by the Planning and Zoning Commission for rezoning; and WHEREAS, the passage, promulgation, and enforcement of the provisions herein contained are deemed necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers delegated to and possessed by the City of Canyon; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1. The City Commission finds that SF-S (Single-Family Suburban Residential District) would be more appropriate than SF-A (Single Family Agricultural Residential District) zoning for the properties in question. SECTION 2. That Lots 1 through 54, Block No.10 of Canyon East Unit No. 6 are hereby zoned SF-S (Single-Family Suburban Residential District). SECTION 3. That this Zoning classification be posted upon the Zoning District maps of the City of Canyon and filed with the City Secretary and Building Inspector of the City of Canyon. SECTION 4. Severability. If any provision, section, subsection, sentence, clause, or the application of the same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. SECTION 5. Repealer. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 6. This ordinance shall become effective immediately. INTRODUCED AND PASSED at the regular meeting of the City Commission on the 16th day of April, 2018. _______________________ Gary Hinders, Mayor ATTEST: _________________________ Gretchen Mercer, City Clerk REGARDING ITEM 9 AGENDA To: Randy Criswell, City Manager From: Danny Cornelius, Director of Planning and Development Date: April 10, 2018 Re: Consider and Take Appropriate Action on a Plat for Canyon East Unit No. 6. We need to consider approving the plat for Canyon East Unit No. 6. A copy of the plat is enclosed. The Planning and Zoning Commission voted unanimously to recommend approval of the plat. City of Canyon REGARDING ITEM 10 AGENDA To: Randy Criswell, City Manager From: Danny Cornelius, Director of Planning and Development Date: April 10, 2018 Re: Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1080, Rezoning 31 Hunsley Rd to RC-2 (Commercial District) from RC-1 (Retail District). Greg Mitchell has submitted a request to rezone for 31 Hunsley Rd from RC-1 (Retail District) to RC-2 (Commercial District). The proposed use is a convenience store with a car care center and car wash. The car care center would not be allowed in the RC-1 District and the car wash would require a Specific Use Permit. Both uses are allowed in RC-2. Letters were sent to 15 property owners within 200 feet. We received 6 responses with 2 supporting and 4 opposing the request. The Planning and Zoning Commission voted unanimously to recommend approval of the zoning request. City of Canyon  Planning and Zoning Commission Meeting Minutes – April 9, 2018 The Planning and Zoning Commission of the City of Canyon met in regular session at 4:00 pm in the City Commission Chambers of the Civic Complex. Chairman Bill Craddock presided over the meeting with the following Commissioners in attendance: John Pletcher, Bobbie Jo Krutsch, Jon Davis, Charles Munger, Kevin Luetkahans, Laurie Sharp, and Leesa Wood Calvi. Commissioner Larry Ramaekers was unable to attend. Also present were the following City Staff: Assistant City Manager Chris Sharp, Assistant City Manager Jon Behrens, and Director of Planning and Development Danny Cornelius. Item 1: Call to Order. Chairman Craddock called the meeting to order at 4:01 pm. Item 2: Approval of Minutes from the February 12, 2018 Meeting. Commissioner Krutsch moved, duly seconded by Commissioner Luetkahans, to approve the minutes from the February 12, 2018 meeting. The motion passed unanimously. Item 3: Conduct a Public Hearing and Consider and Take Appropriate Action on Rezoning the Proposed Canyon East Unit No. 6 to SF-S (Single-Family Suburban Residential District) from SF-A (Single-Family Agricultural Residential District). Daryl Furman, R.P.L.S., representing Gary Kuhlman, submitted a zoning request and plat for Canyon East Unit No. 6. The request would rezone the property from SF-A to SF-S. The proposed use is single-family dwellings. Letters were sent to fifteen property owners within 200 feet of the property. One response was received in support of the request. Chairman Craddock opened the public hearing at 4:04 pm. There being no comment, Chairman Craddock closed the public hearing. After discussion, Commissioner Sharp moved, duly seconded by Commissioner Krutsch, to recommend approval of the zoning. The motion passed unanimously. Item 4: Consider and Take Appropriate Action on a Plat for Canyon East Unit No. 6. The Commission reviewed a plat for Canyon East Unit No. 6. After discussion, Commissioner Krutsch moved, duly seconded by Commissioner Luetkahans, to recommend approval of the plat. The motion passed unanimously. Item 5: Conduct a Public Hearing and Consider and Take Appropriate Action on a Request to Rezone 31 Hunsley Road to RC-2 (Commercial District) from RC-1 (Retail District). Greg Mitchell of Toot-n-Totum submitted a request to rezone 31 Hunsley Road from RC-1 to RC-2. The proposed use is a convenience store with a car care center and car wash. The car care center would not be allowed in the RC-1 District and the car wash would require a Specific Use Permit. Both uses would be allowed in the RC-2 District. Letters were sent to fifteen property owners within 200 feet of the property. Six responses were received with two supporting and four opposing the request. Planning and Zoning Commission Meeting April 9, 2018 Page 2 of 3 Chairman Craddock opened the public hearing at 4:10 pm. Wayne Moore of JM-AM Properties, representing the owner, gave the Commission a summary of the project. Chairman Craddock closed the public hearing at 4:22 pm. The Commission noted that most of the concerns mentioned by those opposed, such as traffic and lighting, would not be addressed by denial of the request since a convenience store would be allowed in RC-1. After discussion, Commissioner Sharp moved, duly seconded by Commissioner Munger, to recommend approval of the zoning. The motion passed unanimously. Item 6: Discussion on an Ordinance Regarding Recreational Vehicles. The Commission reviewed an ordinance designed to clarify that recreational vehicles may only be used for human habitation if located in a vacation trailer park operating in accordance with the Zoning Code and Chapter 154, Mobile and Modular Homes; Vacation Trailer Parks. After discussion, the Commission directed staff to schedule a public hearing to consider recommending adoption of the ordinance. Item 7: Discussion on Ordinance Regarding Shelters. The City of Amarillo recently dealt with a situation where a “tent city” has been set up as a temporary shelter for several homeless individuals. Amarillo has taken the stance that the tents are a violation of their zoning ordinance where a “Shelter” is defined as an organization providing temporary (3 days or less) boarding or lodging or both on its premises primarily to indigent, needy, homeless or transient persons. The Commission reviewed an amendment to the City Zoning Code defining Shelter as in Amarillo’s glossary. The ordinance would allow shelters in the RC-1 (Retail District), RC-2 (Commercial District), I-1 (Light Industrial District), and I-2 (Heavy Industrial District). After discussion, the Commission directed staff to schedule a public hearing to consider recommending adoption of the ordinance. Commissioner Luetkahans will ask an acquaintance to come to the next meeting. She has some experience with management of shelters. Item 8: Discussion on an Ordinance Regarding Abandonment of Public Right-of-Way. The Commission reviewed an ordinance similar to a City of Amarillo’s regarding abandonment of public right-of-way. Occasionally a land owner will request that a street or alley right-of-way be abandoned and deeded to the adjacent property owner(s). The process typically happens in cases where the street or alley has been dedicated by plat but has never been constructed or used. In the past, the owner(s) would submit a letter requesting the abandonment. City staff would contact the various utility providers to determine if they have any objection or would need easements once the right-of-way was abandoned. The request would be presented to the City Commission and, if approved, a quit-claim deed would be prepared by the City Attorney and filed with the Randall County Clerk’s office. This would take place without any consideration by the Planning and Zoning Commission and without any application fees or compensation to the City by the property owners. Planning and Zoning Commission Meeting April 9, 2018 Page 3 of 3 The proposed ordinance would require the applicant to submit an application, an application fee, and an appraisal of fair market value prepared by a Texas licensed real estate appraiser prepared within the past 3 months. After discussion the Commission directed staff to schedule a public hearing to consider recommended adoption of the ordinance. Staff will propose a fee based on attorney cost to prepare the quit claim deed. Item 9: Adjourn. Chairman Craddock adjourned the meeting at 5:06 pm. Bill Craddock, Chairman Planning and Zoning Commission ATTEST: Gretchen Mercer, City Clerk  ORDINANCE NO. 1080 Rezoning 31 Hunsley Road AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING 31 HUNSLEY ROAD, ALSO DESCRIBED AS LOTS 7 AND 8, BLOCK 7, MADISON PARK UNIT NO. 2, AN ADDITION TO THE CITY OF CANYON, RANDALL COUNTY, TEXAS, PROVIDING THAT THE ZONING CLASSIFICATION BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission conducted a public hearing on April 9, 2018 for the purpose of considering rezoning certain properties situated in the City of Canyon. All owners of property within 200 feet, as indicated by the most recently approved municipal tax roll of real estate property, were given written notification, and opportunity to be heard, and proper notice by publication was given through the local newspaper in accordance with City Charter provisions, the Code of Ordinances and the Texas Local Government Code; and WHEREAS, the Planning and Zoning Commission has recommended rezoning the properties from RC-1 (Retail District) to RC-2 (Commercial District); and WHEREAS, the City Commission conducted a public hearing at its regular meeting and considered the recommendation by the Planning and Zoning Commission for rezoning; and WHEREAS, the passage, promulgation, and enforcement of the provisions herein contained are deemed necessary and advisable for the promotion of the general welfare of the community to carry out the governmental powers delegated to and possessed by the City of Canyon; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS: SECTION 1. The City Commission finds that RC-2 (Commercial District) would be more appropriate than RC-1 (Retail District) zoning for the properties in question. SECTION 2. That Lots 7 and 8, Block 7, Madison Park Unit No. 2 are hereby zoned RC-2 (Commercial District). SECTION 3. That this Zoning classification be posted upon the Zoning District maps of the City of Canyon and filed with the City Secretary and Building Inspector of the City of Canyon. SECTION 4. Severability. If any provision, section, subsection, sentence, clause, or the application of the same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. SECTION 5. Repealer. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 6. This ordinance shall become effective immediately. INTRODUCED AND PASSED at the regular meeting of the City Commission on the 16th day of April, 2018. _______________________ Gary Hinders, Mayor ATTEST: _________________________ Gretchen Mercer, City Clerk REGARDING ITEM 11 AGENDA To: Randy Criswell, City Manger From: Mike Webb, Fire Chief Date: April 11, 2018 Re: Consider and Take Appropriate Action on the Adoption of Ordinance No. 1081, a Fire Mitigation Ordinance. _______________________________________________________________________ To reduce the potential threat of wildfires to the city, an ordinance has been brought before you that would allow mitigation activities, which includes prescribed burns, to be conducted within the corporate city limits and the extraterritorial jurisdiction of the City of Canyon. It is my recommendation to approve Ordinance No. 1081 to allow for mitigation activities in these areas. City of Canyon  ORDINANCE NO. 1081 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ADDING A NEW SECTION 94.02 OF THE CODE OF ORDINANCES ADOPTING A FIRE HAZARD MITIGATION PLAN AND AUTHORIZING IMPLEMENTATION BY THE CANYON FIRE DEPARTMENT AND RELATED DEPARTMENTS; AMENDING SECTION 94.01, 307.1.1 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds that fire hazard mitigation is an important part of any city’s plans and procedures for protecting the life and property of its citizens, and that hazards from wildfires exist in the interface with rural areas lying within the ETJ and within urban areas of the city, and; WHEREAS, in order to mitigate these hazards, the Commission finds it necessary to adopt the following rural/urban interface hazard mitigation program to reduce hazardous fuel loads in these areas through the use of prescribed burns and other mitigation activities, and; WHEREAS, the provisions of this ordinance are necessary and proper to promote public safety and are an exercise of the police power of the municipality; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS; SECTION 1: The Code of the Ordinances of the City of Canyon is hereby amended by adding a new section 94.02 which shall be entitled “Fire Hazard Mitigation Plan” which shall provide as follows: A. Definitions Prescribed burn - The controlled application of fire to naturally occurring vegetative fuels under specified environmental conditions and confined to a predetermined area, following appropriate planning and precautionary measures. Extinguished - The absence of any visible flames, glowing coals, or smoke. Prescribed burns within the corporate city limits and extraterritorial jurisdiction -1- (a) Preparation (1) Targeted areas for prescribed burning will be determined by assessing levels of hazards in the area, based on the height and amount of fuels. Final approval for any prescribed burn rests with the fire chief. (2) Property owners will be notified in writing, either by mail or if possible personal contact by fire department personnel that their property has been deemed a public hazard. (3) Written permission shall be obtained from the property owner before conducting any mitigation activities. (4) Specific information regarding prescribed burns will be posted on the public information sources of the city. This includes, but is not limited to, the city’s website, newspapers serving the city, city and fire department Facebook or other social media accounts and any other source deemed necessary. (5) Prior to burning, sufficient planning shall be conducted and the area shall be prepared. Preparations include the removal of harmful debris and trash, removal of disproportionate fuel loads, the creation of fire breaks where needed, and any other appropriate action as deemed necessary by the fire chief. Electrical insulation, treated lumber, plastics, non- wood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, and items containing natural or synthetic rubber shall not be burned. (6) Authorization shall be obtained from the Texas Commission on Environmental Quality, prior to conducting a prescribed burn. (7) Notification will be made to all applicable agencies as required by state law. (8) To provide cooperation between the county and the city, any burn shall be authorized in writing by the city manager and the county judge or by the county fire marshal when the county judge has delegated such authority. (b) Burning (1) Any prescribed burn will be conducted on a day when the weather is deemed appropriate. The fire chief will develop a checklist of required signatures to sign off on the burn before the activities commence. Burns shall not begin more than one hour before sunrise and must be completed and extinguished no later than one hour before sunset. -2-  (2) The National Incident Management System (NIMS) shall be utilized throughout all prescribed burns. Appropriate individuals from all participating agencies shall be directly involved in all stages of the operations and management of the prescribed burn. (3) The fire chief shall insure that sufficient personnel and equipment will be available at the scene and/or at the fire station to ensure the proper containment of the prescribed burn and proper staffing for other emergency calls during the burn period. (4) The fire chief shall develop a checklist outlining the steps to be completed for conducting a safe prescribed burn and the completed checklist shall be maintained as documentation of the burn. (5) All outdoor burning conducted under this section shall be consistent with the Texas Clean Air Act and the TCEQ’s Texas Administrative Rules. (c) Documentation (1) All steps of the prescribed burn shall be documented and maintained in a file at the fire station. (2) Photos shall be taken of the prescribed burn area to document the before and after state of the burn area. (d) Forms for Landowner Consent: (1) The attached specimen permission forms shall be used to obtain landowner consent to mitigation activities and prescribed burns. Any changes to the specimen forms attached hereto shall be approved by the City Attorney and Fire Chief. SECTION 2: Section 94.01 of the Code of Ordinances is amended by adding a subparagraph 4 to subsection 307.1.1 entitled “Prohibited Open Burning”, to provide as follows: 4. A prescribed burn authorized by the Fire Chief. SECTION 3: Severability. If any provision, section, subsection, sentence, clause, or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of the unconstitutionality of any other portion or provision. -3-  INTRODUCED ON APRIL 16, 2018, and PASSED AND ADOPTED ON APRIL 16, 2018. ATTEST: __________________________________________ GARY HINDERS, Mayor _____________________________________ Gretchen Mercer, City Secretary -4-  Canyon Fire Department 301 16th Street Canyon, Texas 79015 806-655-5010 PERMISSION TO CONDUCT MITIGATION ACTIVITIES In consideration of mitigation activities to be conducted on my property, located in the County of _Randall_, State of _Texas_, as more particularly described on the map attached as Exhibit A (the “property”), I, the undersigned, agree and acknowledge as follows: I am the legal owner of the described property and grant permission to the City of Canyon, its agents, employees and third parties to enter the property as necessary for the purpose of conducting mitigation activities which may include; general clean up, brush removal, mowing, and if necessary thinning of trees and/or trimming low hanging branches (up to 10’ above the ground). I understand that to ensure a continued safety barrier against wildfire, these activities may need to be performed annually. I agree that if at any time I wish to discontinue my participation in the mitigation program or if ownership of said property changes, I will notify the fire department, in writing. I hereby grant permission to mitigate that portion of the property outlined and identified on Exhibit A as the “Mitigation Area”. Owner Witness _____________________________________________ ____________________________________________ Print Name Print Name _____________________________________________ ____________________________________________ Signature Signature ___________________ Date Page 1 of 2  EXHIBIT A (Sketch or attach a map showing the property and identifying boundaries of the mitigation area.) Mitigation Area  Canyon Fire Department 301 16th Street Canyon, Texas 79015 806-655-5010 PERMISSION TO CONDUCT A PRESCRIBED BURN In consideration of a prescribed burn to be conducted on my property, located in the County of _Randall_, State of _Texas , as more particularly described on the map attached as Exhibit A (the “property”), I, the undersigned, agree and acknowledge as follows: I am the legal owner of the described property and grant permission to the City of Canyon, its agents, employees and third parties to enter the property for the purpose of planning, conducting, and monitoring a prescribed burn. This permission shall be effective from ___________________________ through ___________________________, 20____. I hereby grant permission to burn that portion of the property outlined and identified on Exhibit A as the “Burn Unit.” Owner Witness _________________________________________ ____________________________________________ Print Name Print Name _________________________________________ ____________________________________________ Signature Signature ___________________ Date  EXHIBIT A (Sketch or attach map showing the property and identifying the boundaries of the burn unit. Include an identifying references.) Burn Unit Page 2 of 2  AGENDA REGARDING ITEM 12 TO: Randy Criswell, City Manager FROM: Chris Sharp, Assistant City Manager DATE: April 11, 2018 SUBJECT: Consider and Take Appropriate Action on Quarterly Finance Report by Finance Director Chris Sharp. A summary of all deposits for the City of Canyon as of March 31, 2018 are submitted. All funds are deposited with the City’s depository bank, Happy State Bank. Also included, is a summary of the City’s major funds and where they stand as of the same date. Total deposits needing security pledge, including checking accounts are $_4,103,339. Total securities pledged by Happy State Bank including the FDIC insurance is $_6,970,350. This report is to comply with legislation requiring periodic reports to be made to the governing body for approval. RECOMMENDED ACTION Approval of the Quarterly Finance Report for the Quarter Ending March 31, 2018. City of Canyon  City of Canyon QUARTERLY FINANCE REPORT Quarter ending: 03/31/2018 12/31/2017 Interest Rate EMERGENCY MANAGEMENT 0.50 $ 35,401.99 $ 8,588.75 LIBRARY GIFT & MEMORIAL 0.50 $ 3,809.31 $ 3,762.70 GENERAL FUND DEMAND ACCT 0.50 $ 1,367,255.14 $ 600,514.38 WW/SS FUND DEMAND ACCT. 0.50 $ 1,761,131.98 $ 2,094,600.75 BCD 0.50 $ 140,723.88 $ 65,408.52 LEOSE 0.50 $ 7,546.53 $ 8,946.55 C.E.D.C (ECONOMIC DEVELOPMENT 0.50 $ 384,767.96 $ 334,645.73 C.E.D.C. MARKETING ACCOUNT 0.50 $ 131,075.94 $ 83,272.22 EMPLOYEES FLOWER FUND 0.50 $ 858.54 $ 1,339.65 D-FI-IT PROGRAM 0.50 $ 558.82 $ 558.85 Palo Duro Golf Administration 0.50 $ 587,950.50 $ 269,876.61 Capital Equipment Account 0.50 $ 369,824.11 $ 631,824.51 CHECKING / SAVINGS ACCOUNTS BALANCES $ 4,790,904.70 $ 4,103,339.22 TOTAL FUNDS FOR SECURITY PLEDGES $ 4,790,904.70 $ 4,103,339.22 SECURITIES PLEDGED HAPPY STATE BANK RECEIPT DATE DESC. AMOUNT MARKET NUMBER MATURED VALUE 3137ASNJ9 03/25/2022 FHMS $1,609,823.88 $1,615,149.76 169412QN6 08/15/2027 China Spring ISD $1,058,152.38 $1,026,312.40 552410ER9 08/15/1930 Lytle TX ISD $569,776.20 $592,035.15 667825YM9 02/15/1932 Northwest TX ISD $1,059,009.05 $1,112,358.80 8821172L7 07/01/1931 TX A&M UNV Fund $1,222,959.19 $1,265,790.00 31394FB87 05/25/1933 FNR $1,432,458.53 $1,108,704.34 FDIC INSURANCE $100,000.00 $250,000.00 Total Security Pledges $7,052,179.23 $6,970,350.45 Total Outstanding debt from 2012 issued CO's and 2013 refunded CO's $ 10,955,000 Total Outstanding debt from 2016 General Obligation Bonds $ 5,355,000 Fund Balance/Net Position as of 3‐31‐18 $ 9,402,315.00  Summary of Month Ending March 2018 Summary of Revenues General Fund Budgeted Percentage to Summary of Revenues General Fund Sales Tax Sales Tax 793067 Major Revenues 03/31/2018 Amount Budget 50% 1063834 Franchise Taxes Franchise Taxes General Fund 348920 Mixed Beverage Tax Mixed Beverage Tax 2227101 Municipal Court Fines Sales Tax $ 1,135,911.00 $ 2,300,000.00 49.39% 2288535 5657 Municipal Court Fines Other Income Franchise Taxes $ 378,426.00 $ 790,000.00 47.90% 322947 Other Income 168631 Fire Service Randall County Mixed Beverage Tax $ 6,920.00 $ 16,000.00 43.25% 4143 Fire Service Randall County Randall County, Library Funding Municipal Court Fines $ 114,112.00 $ 275,000.00 41.50% 588979 2585 Randall County, Library Funding Commercial Solid Waste Other Income $ 37,038.00 $ 40,000.00 92.60% 620765 139495 12633627519 Commercial SolidSolid Residential WasteWaste Fire Service Randall County $ 145,210.00 $ 290,420.00 50.00% 25000 Residential Solid Taxes Waste 118681 Ad Valorem Randall County, Library Funding $ 25,000.00 $ 50,000.00 50.00% Ad Valorem Taxes Commercial Solid Waste $ 182,644.00 $ 380,000.00 48.06% 25000 182251 Residential Solid Waste $ 703,026.00 $ 1,365,400.00 51.49% 190152 Ad Valorem Taxes $ 2,568,339.00 $ 2,740,000.00 93.74% Total General Fund Revenues $ 5,582,230.00 $ 10,179,000.00 54.84% Total General Fund Expenses $ 4,769,057.00 $ 10,179,000.00 46.85% 8445 Utility Fund Summary 35641 of Revenues Utility Fund Water Receipts $ 2,122,331.00 $ 4,472,000.00 47.46% 6000 20100 Water Receipts Waste Water Receipts $ 1,538,719.00 $ 2,716,000.00 56.65% Summary of Revenues Utility Fund Waste Water Receipts Lease Income $ 5,487.00 $ 26,800.00 20.47% Lease Income Penalties $ 39,912.00 $ 80,000.00 49.89% 968904 Penalties 12505 T-on & Reconnection Revenue $ 15,501.00 $ 24,000.00 64.59% 1799869 T‐on & Reconnection Revenue Water Receipts Water Taps $ 33,525.00 $ 30,000.00 111.75% 45889 16500 Water Taps 6000 Total Utility Fund Revenues $ 3,872,956.00 $ 7,412,290.00 52.25% Waste Water Receipts Total Utility Fund Expenses $ 2,936,249.00 $ 7,412,290.00 39.61% Lease Income Historical Summary of Sales Tax 2018 2017 2016 2015 1176648 JAN $ 225,820.00 $ 262,010.00 $ 208,797.37 $ 214,709.00 Penalties FEB $ 320,829.00 $ 270,864.00 $ 261,746.98 $ 217,411.00 MAR $ 220,711.00 $ 182,909.00 $ 247,382.39 $ 177,351.00 T‐on & Reconnection Revenue 2128852 APR $ ‐ $ 201,855.00 $ 182,646.86 $ 226,391.00 MAY $ ‐ $ 312,853.00 $ 253,438.00 $ 249,330.00 Water Taps JUN $ ‐ $ 190,405.00 $ 188,739.00 $ 193,998.00 JUL $ ‐ $ 207,521.00 $ 205,395.00 $ 187,474.00 AUG $ ‐ $ 245,043.00 $ 235,105.00 $ 247,697.00 SEP $ ‐ $ 219,684.00 $ 204,903.99 $ 202,362.00 OCT $ ‐ $ 231,485.00 $ 227,753.00 $ 239,346.00 NOV $ ‐ $ 294,952.00 $ 258,016.00 $ 256,488.00 DEC $ ‐ $ 220,749.00 $ 216,890.00 $ 266,745.00 $ 767,360.00 $ 2,840,330.00 $2,690,813.59 $ 2,679,302.00 Palo Duro Creek Golf Course Budgeted Amount Percentage to Budget Revenues to Date $241,548.00 $1,425,306.00 16.95% Exenditures to Date $544,179.00 $1,425,306.00 38.18%  CITY OF CANYON SALES TAX COLLECTION HISTORY FISCAL YEAR 2017-2018 % INCREASE/ % INCREASE/ 2017-2018 TOTAL 2015-2016 2016-2017 DECREASE 15-16 2017-2018 DECREASE 15-16 YEAR-TO-DATE YEAR-TO-DATE MONTH COLLECTIONS COLLECTIONS OVER 14-15 COLLECTIONS OVER 15-16 COLLECTIONS TAXABLE SALES ** OCTOBER $239,346 $227,753 -4.84% $231,485 1.64% $231,485 $15,432,333 NOVEMBER $256,488 $258,016 0.60% $294,952 14.32% $526,437 $35,095,800 DECEMBER $266,745 $216,890 -18.69% $220,749 1.78% $747,186 $49,812,400 JANUARY $208,797 $262,010 25.49% $225,820 -13.81% $973,006 $64,867,067 FEBRUARY $261,746 $270,864 3.48% $320,829 18.45% $1,293,835 $86,255,667 MARCH $247,382 $182,909 -26.06% $220,711 20.67% $1,514,546 $100,969,733 APRIL $182,646 $201,855 10.52% $0 -100.00% $1,514,546 $100,969,733 MAY $253,438 $312,853 23.44% $0 -100.00% $1,514,546 $100,969,733 JUNE $188,739 $190,405 0.88% $0 -100.00% $1,514,546 $100,969,733 JULY $205,105 $207,521 1.18% $0 -100.00% $1,514,546 $100,969,733 AUGUST $235,105 $245,043 4.23% $0 -100.00% $1,514,546 $100,969,733 SEPTEMBER $204,903 $219,684 7.21% $0 -100.00% $1,514,546 $100,969,733 TOTALS $2,750,440 $2,795,803 $1,514,546  REGARDING ITEM 13 AGENDA TO: Randy Criswell, City Manager FROM: Chris Sharp, Assistant City Manager DATE: April 11, 2018 SUBJECT: Consider and Take Appropriate Action on Quarterly Investment Report by Finance Director Chris Sharp. A summary of all investments for the City of Canyon as of March 31, 2018 are submitted as an attachment to this agenda item. All funds are invested with the City’s depository bank, Happy State Bank. Total amount of investments for the City is $5,002,571. These funds have been invested in the CDARS program and in CDs through Happy State Bank. The Canyon EDC also has investments in the CDARS program in the amount of $175,662. The City’s 2012 certificates of obligation funds have been invested into a CDARS investment account and has a balance of $3,271,135. Total funds on hand, which includes funds in depository accounts as well as funds in investments total $9,105,910. This report is to comply with legislation requiring periodic reports to be made to the governing body for approval. RECOMMENDED ACTION Approval of the Quarterly Investment Report for the Quarter Ending March 31, 2018. City of Canyon  QUARTERLY INVESTMENT REPORT Quarter ending: 12/31/2017 03/31/2018 Interest Rate Interest earned CERTIFICATE OF DEPOSITS: for quarter CD# Interest Rate 6611 CEDC CD 1.47 $ 57,838.52 $ 57,885.60 $ 47.08 6646 CEDC CD 1.47 $ 58,952.10 $ 59,000.08 $ 47.98 14897 CEDC CD 1.47 $ 58,715.95 $ 58,776.70 $ 60.75 CDARS CERTIFICATES OF DEPOSIT $ 175,506.57 $ 175,662.38 14674 GENERAL FUND CD 1.47% $ 250,943.43 $ - $ - 15076 GENERAL FUND CD 1.47% $ 149,874.06 $ 149,984.95 $ 110.89 14895 GENERAL FUND CD 1.47% $ 509,079.14 $ 509,455.81 $ 376.67 14758 GENERAL FUND CD 1.47% $ 149,703.92 $ 149,814.68 $ 110.76 14970 GENERAL FUND CD 1.47% $ 151,850.94 $ 152,074.00 $ 223.06 9952 GENERAL FUND CD 1.47% $ 619,418.21 $ 873,010.20 $ - 942 WW/SS FUND CEDERS Sweep acct 1.47% $ - $ 3,168,231.43 $ - TOTAL AMOUNT IN CDARS $1,830,869.70 $ 5,002,571.07 TOTAL AMOUNT OF FUNDS IN BANK $6,955,868.75 $ 4,103,339.22 TOTAL FUNDS ON HAND $8,786,738.45 $ 9,105,910.29 2012 Certificates of Obligations (Invested in CDARS account) 1.31% $ 3,259,883.22 $ 3,271,135.71 $ 11,252.49