City of Canyon Commission Meetings

City Commission Meeting December 6, 2021 The City Commission of the City of Canyon met at 4:30 pm in the City Commission Chambers of the Civic Complex. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance, Kelsey Ward, Paul R. Lyons and Randy Ray. Mayor Pro-Tem Cody Jones was unable to attend. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, Director of Planning and Development Danny Cornelius, Planning and Development Assistant Director Craig Brown, Director of Human Resources Hector Mendoza, Business and Community Development Director Evelyn Ecker, Finance Director Joel Wright, IT Director Shaun Holtman, Communications Director Megan Nelson, Director of Public Works Dan Reese, Assistant Director of Public Works Chris Enriquez, Police Captain Matt Coggins, Utility Superintendent Eric Whitten, Fire Chief Dennis Gwyn, Assistant Fire Chief Vince Whitfill, Wastewater Superintendent John Poole, Budgeting and Purchasing Manager Beau Boyer, City Engineers Adolpho Garcia and TB Peiris, Engineer Heather Keister from Freese and Nichols, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:31 p.m. Item 2. Invocation. Commissioner Ray gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Lyons. Item 4. Approval of the Minutes of the Meeting of November 15, 2021 Commissioner Ward moved, duly seconded by Commissioner Ray to approve the minutes of November 15, 2021 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No Comments were made. Item 6. First Reading of Resolution No. 40-2021, A Resolution of the City Commission of the City of Canyon Approving a Project Funding Agreement Between Absolute Restaurant Operations, LLC and Canyon Economic Development Corporation Relating to Direct Financial Assistance and Job Creation Incentives for a New Business, Mickey’s Place, to be Located at 1512 5th Avenue, Suite 102-104. Business and Community Development Director Evelyn Ecker presented Resolution No. 40-2021 for the first of two required readings. Ms. Ecker stated that the Canyon Economic Development Corporation approved a request from Mickey Foster, owner of Mickey’s Place. Ms. Ecker stated the Canyon Economic Development Board acted to approve the project during the meeting of City Commission Meeting December 6, 2021 Page 2 of 7 October 21, 2021. Ms. Ecker said a public hearing was held during the November 9, 2021 CEDC meeting and there was no opposition to the project. Ms. Ecker stated the project would create 34- 40 full time and part time job positions and would be open 7 days a week. Ms. Ecker said the approved funding amount is $200,000. First reading only, no action required. RESOLUTION NO. 40-2021 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN ABSOLUTE RESTAURANT OPERATIONS, LLC AND CANYON ECONOMIC DEVELOPMENT CORPORATION RELATING TO DIRECT FINANCIAL ASSISTANCE AND JOB CREATION INCENTIVES FOR A NEW BUSINESS. Item 7. First Reading of Resolution No. 41-2021, A Resolution of the City Commission of the City of Canyon Approving a Project Funding Agreement Between Map Food and Canyon Economic Development Corporation Relating to Business Retention and Expansion Project for Buffs Located at 2201 4th Avenue, Canyon, Texas. Business and Community Development Director Evelyn Ecker presented Resolution No. 41-2021 for the first of two required readings. Ms. Ecker stated that the Canyon Economic Development Corporation approved a request from Colby Monroe, owner of Buff’s (MAP FOOD GROUP LLC) for funding of the expansion of Buff’s. Ms. Ecker stated the Canyon Economic Development Board acted to approve the project during the meeting of October 21, 2021. Ms. Ecker stated a public hearing was held during the November 9, 2021 CEDC meeting and there was no opposition to the project. Ms. Ecker said the project would cover the purchase of the vacant property adjoining the current location of Buff’s, expansion of 4,000 sf, create 18 part time job positions and create increased revenues / sales tax for Canyon. Ms. Ecker said the approved funding is $200,000. First reading only, no action required. RESOLUTION NO. 41-2021 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN MAP FOOD GROUP, LLC AND CANYON ECONOMIC DEVELOPMENT CORPORATION RELATING TO BUSINESS RETENTION AND EXPANSION. Item 8. Consider and Take Appropriate Action on Resolution No. 44-2021, A Resolution of the City Commission of the City of Canyon, Randall County, Texas, Authorizing the Submission and Acceptance of a Grant Application to the Office of the Governor for the DJ Edward Byrne Memorial Justice Assistance Grant Program for Technology Improvements for the City of Canyon Police Department; and Authorizing the Chief of Police to Represent the City in All Matters Pertaining to the Application. City Commission Meeting December 6, 2021 Page 3 of 7 Police Captain Matt Coggins presented Resolution No. 44-2021 for consideration. Captain Coggins stated the Canyon Police Department submitted an Edward Byrne Memorial Justice Assistance Grant through the Panhandle Planning Commission for Technology Improvements to purchase mobile computer equipment to improve overall operations of the Canyon Police Department. Captain Coggins said 30 Microsoft Surface Tablets for each officer with docking stations would be purchased to replace computers in the existing car computers and existing desktop computers in the report writing area of the police department. Captain Coggins said the required match for the City of Canyon is $24,684.00 and was budgeted in the 2021/2022 budget. After discussion, Commissioner Ray moved, duly seconded by Commission Lyons to adopt Resolution No. 44-2021 authorizing the submission, acceptance and administration of the Edward Byrne Memorial Justice Assistance Grant for the Police Department Technology Improvement. Motion carried unanimously. RESOLUTION NO. 44-2021 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, RANDALL COUNTY, TEXAS, AUTHORIZING THE SUBMISSION AND ACCEPTANCE OF A GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR FOR THE DJ EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FOR TECHNOLOGY IMPROVEMENTS FOR THE CITY OF CANYON POLICE DEPARTMENT; AND AUTHORIZING THE CHIEF OF POLICE TO REPRESENT THE CITY IN ALL MATTERS PERTAINING TO THIS APPLICATION. Item 9. Consider and Take Appropriate Action on Ordinance No. 1146, Annexing Territory to the City of Canyon as Requested by Bent Creek, LLC. An Ordinance of the City of Canyon, Texas, Annexing the Territory Herein Described to the City of Canyon in Randall County, Texas, Extending the Boundary Limits of the City of Canyon to Include the Property Herein Described Within the Said City Limits, and Granting to All the Inhabitants of Said Property All the Rights and Privileges of Other Citizens and Binding Said Inhabitants by All of the Acts, Ordinances, Resolutions, and Regulations of Said City. Planning and Development Director Danny Cornelius presented Ordinance No. 1146 for consideration. Mr. Cornelius stated the 2 public hearings had been held as required and all other legal requirements had been met for the Annexation of the Lofts property as requested by Bent Creek, LLC. After discussion, Commissioner Ward moved, duly seconded by Commissioner Ray to adopt Ordinance No. 1146 as presented. Motion carried unanimously. ORDINANCE NO. 1146 ANNEXING TERRITORY TO THE CITY OF CANYON BENT CREEK, LLC. City Commission Meeting December 6, 2021 Page 4 of 7 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. NOTE: Mayor Hinders moved to Item 16 Item 16. Third Party Engineer Update on Drainage Review for Crestview Estates. City Engineers Adolpho Garcia and TB Peiris of Brandt Engineers, and Engineer Heather Keister from Freese and Nichols gave a detailed overview of the drainage review for Crestview Estates. City Attorney Chuck explained Heather Keister with Freese and Nichols had been hired by the City of Canyon to provide a 3rd party view of the City of Canyon Drainage Review for Crestview Estates. Puff Niegos, co-owner of Crestview Estates was present to answer questions and provide comment. Discussion only, no action taken. NOTE: Mayor Hinders moved to Item 15 Item 15. Consider and Take Appropriate Action on Canyon/Randall Drainage Criteria Manual Report. City Engineers Adolpho Garcia of Brandt Engineers, City Manager Joe Price, and Engineer Heather Keister from Freese and Nichols presented information about the current status of the Drainage Review Process for the City of Canyon. Mr. Price stated the City of Canyon currently uses the Amarillo Storm Water Criteria Manual form the 1990’s as the regulating guidelines for Canyon developments with an informal internal process structure related to the review process. Mr. Price stated the benefits of developing a Drainage Criteria Manual with the involvement of Randall County so everyone was on the same page with updated information are:  An updated manual would outline a standard source for rainfall data and applicable variables (CNs, roughness coefficients, etc.)  Outline a method for the evaluation of retention ponds. Current program is 30 years old with outdated data. Removes ambiguity in interpretation of what is or is not a retention pond. Mr. Price provided a cost breakdown for the development of a Drainage Criteria Manual:  Criteria Content Revisions $29,000  Development to Tools, Checklists and process Improvements $18,000  Review with Staff, Receive and Respond to comments $18,500 City Commission Meeting December 6, 2021 Page 5 of 7  Stakeholder Meetings and Review $30,000  Public Outreach and Commission Review and Approval $15,500  TOTAL COST $110,00 Mr. Price discussed the possibility of a cost share with Randall County of 50/50. After discussion, Commissioner Ray moved, duly seconded by Commissioner Ward to move forward with the development of a Drainage Criteria Manual for a total of $110,000 as long as Randall County agrees to a 50/50 cost share. Motion carried with Commissioner Lyons voting against. NOTE: Mayor Hinders moved to Item 10 Item 10. Consider and Take Appropriate Action on the September 30, 2021 Financial Report by Finance Director Joel Wright. Finance Director Joel Wright presented the Financial Report for consideration. After discussion Commissioner Ward moved, duly seconded by Commissioner Ray to approve the Financial Report as presented. Motion carried unanimously. Item 11. Consider and Take Appropriate Action on the September 30, 2021 Investment Report by Finance Director Joel Wright. Finance Director Joel Wright presented the Investment Report for consideration. After discussion Commissioner Ray moved, duly seconded by Commissioner Ward to approve the Financial Report as presented. Motion carried unanimously. Item 12. Consider and Take Appropriate Action on Ordinance No. 1150, an Ordinance of the City Commission of the City of Canyon, Texas, Amending the City’s Budget for the Fiscal Year Beginning October 1, 2020 and Ending September 30, 2021 as Adopted by Ordinance No. 1128; Providing for an Increase of Expected Revenues, Expenditures, and Transfer of Certain Funds; Providing That Prior Parts of Ordinance No. 1128 Inconsistent with or In Conflict with Any of the Provisions of This Ordinance Are Hereby Expressly Repealed to the Extent of Any Such Inconsistency or Conflict; Providing for Severability; and Providing for an Effective Date. Director of Finance Joel Wright presented Ordinance No. 1150 for consideration. Mr. Wright stated with some additional invoices for expenses incurred but not yet paid as of September 30, 2021, a second budget amendment to the 2020/2021 adopted budget needed to be approved. After discussion, Commissioner Ward moved, duly seconded by Commissioner Ray to adopt Ordinance No. 1150 amending the FY 2020-2021 Operating Budget be adopted. Motion passed unanimously. Item 13. Housing and Growth Assessment Report. City Commission Meeting December 6, 2021 Page 6 of 7 Planning and Development Director Danny Cornelius presented a Housing and Growth Assessment as part of the Strategic Plan. Mr. Cornelius presented lists of:  Projects that have been proposed by a developer or are city owned properties.  Properties that staff forecasts as areas that could be developed at some point.  2 subdivisions that have been submitted for approval within the Canyon ETJ.  Housing and population estimates for the 5 growth areas as noted in the Comprehensive Plan. The presentation was informational only, no action required. Item 14. Consider and Take Appropriate Action on ARPA Funded Projects Update. City Manager Joe Price presented proposed projects to be paid for with the ARPA Funds from the Federal Government. Mr. Price said several key infrastructure projects that meet the eligibility of “investments in water, sewer, and broadband infrastructure” to expend the funds in relation to eligible projects under the ARPA program are:  Project #1 – 4th Street Ground Storage Tank $3,437,230  Project #2 – Force Main Replacement to Wastewater Treatment Plan $1,830,520 City Engineer Adolfo Garcia presented plans for both projects. Commissioners agreed with staff and the City Engineer that the 4th Street Ground Storage Tank was the top priority and should be considered first. After discussion, Commissioner Ray moved, duly seconded by Commissioner Ward to authorize the City Engineer and City Staff to move forward with utilizing the ARPA Funds for these critical infrastructure projects when the remainder of the funds are released and bidding the project in the next 12-36 months with the 4th Street Ground Storage Tank taking priority. Motion carried unanimously. Item 17. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.072 Deliberations and Real Property and §551.074 Board Appointments (Board of City Development; Canyon Housing Authority; Construction Advisory and Appeals Board; Canyon Area Library Board; Planning and Zoning Commission; Parks, Open Space and Recreation Advisory Committee; Zoning Board of Adjustment; Main Street Advisory Board and TIRZ Board). Mayor Hinders indicated the City Commission would adjourn into Executive Session at 6:50 pm. Item 18. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 7:50 pm, the following action was taken. Commissioner Ward moved, duly seconded by Commissioner Ray to reappoint Medina Ortiz and appoint Wiley Harp to the expired seat of Jerry Robinson on the Canyon Housing Authority. Motion carried unanimously. City Commission Meeting December 6, 2021 Page 7 of 7 Commissioner Ward moved, duly seconded by Commissioner Ray to reappoint Brian Winkelman and Joe Paulk on the Construction Advisory and Appeals Board. Motion carried unanimously. Commissioner Ward moved, duly seconded by Commissioner Ray to appoint Brian Massie and Andrew Reynolds to the expired seats of Cenee Precure (City seat) and Deborah Woolsey (rural seat) Canyon Area Library Board. Motion carried unanimously. Commissioner Ward moved, duly seconded by Commissioner Ray to reappoint Matt Stockstill, Tonya Tyler and Tom Howell on the Planning and Zoning Commission. Motion carried unanimously. Commissioner Ward moved, duly seconded by Commissioner Ray to reappoint Becky Usleton to the Parks, Open Space and Recreation Advisory Committee. Motion carried unanimously. Commissioner Ward moved, duly seconded by Commissioner Lyons to reappoint Rich Hopson, Wiley Harp and Jonathon Luna to the Zoning Board of Adjustment. Motion carried unanimously. Commissioner Ray moved, duly seconded by Commissioner Lyons to appoint Kelsey Ward, Jed Welch, Janna Wartes, Kari Trice and David Wheeler to the Main Street Advisory Board. Motion carried unanimously. Commissioner Lyons moved, duly seconded by Commissioner Ray to appoint Nikki Sams, Chris Matthews, Jim Bryan, Randy Ray and Paul Lyons to the TIRZ Board with Randy Ray serving as the Chairman. Motion carried unanimously. Commissioner Lyons moved, duly seconded by Commissioner Ward to Authorize the City Manager to close and fund the property purchased from D&I King Properties and Storage, LLC. located at 200 W. UH 60, Canyon, Texas for use as a City of Canyon Water Department barn and office facility. Motion carried unanimously. Item 19. Adjourn. There being no further business, Commissioner Ray moved this meeting be adjourned. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary