City of Canyon Commission Meetings

City Commission Meeting November 6, 2023 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, Mayor Pro-Tem Cody Jones, Robyn Cranmer, Paul Lyons and Danny Potter. Commissioner Paul Lyons arrived at 4:05 pm. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, Public Works Assistant Director Chris Enriquez, HR Director Hector Mendoza, Communications Director Megan Nelson, Finance Director Joel Wright, Purchasing Manager Beau Boyer, Chief of Police Steven Brush, Police Captain Matt Coggins, Fire Chief Dennis Gwyn, Assistant Fire Chief Vince Whitfill, Fire Fighters Dan Root, Joley Braly, Zachary Ayala, and Cody Burke; and Canyon Volunteer Fire Fighters Steven Knadle, Wiley Harp, Ben Sertuche, Noe Molina, Shane Cox, Tim Borowski, Planning and Development Director Lucas Raley, Planning and Development Assistant Director Craig Brown, Water Superintendent Eric Whitten, Parks Director Brian Noel, City Engineer Adolfo Garcia, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 3:37 pm. Item 2. Invocation. Commissioner Cranmer gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Potter. Item 4. Approval of the Minutes of the Meeting of October 16, 2023. Commissioner Potter moved, duly seconded by Commissioner Cranmer to approve the minutes of October 16, 2023 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No comments were made. Item 6. Work Session – Discussion on Volunteer Fire Department Recruitment. Fire Chief Dennis Gwyn updated the City Commission on the status of Canyon Fire Department Volunteers stating there are currently 20 active volunteers. Chief Gwyn stated the lack of volunteers is common all over the country with people busier than ever with kids programs, working multiple jobs, and demand of being a volunteer fire fighter. Chief Gwyn stated for safety reasons, he requires all volunteers to participate in training that takes 8 months to complete with the common occurrence of them completing a few months and never showing back up. Chief Gwyn stated incentivizing may help, but the biggest problem is time. City Commission Meeting November 6, 2023 Page 2 of 9 Volunteer Fire Fighter Shane Cox stated he completed the training and lost $28,000 in income due to not working those hours during the 8 months of training and would like a commitment from the City of Canyon that once they have a paid Fire Fighter staff in place the Volunteers would still be supported. Volunteer Fire Fighter Noe Molina stated he always wanted to be a Fireman and help people. Mr. Molina said he will continue doing so and would appreciate same commitment from the City of Canyon. City Manager Joe Price stated he was planning to push out a campaign to recruit volunteers, the City of Canyon could increase the retirement for volunteers and increase the quarterly check received by volunteers based on points Mayor Hinders thanked all the Volunteer Firemen and paid Firemen adding No One does it better than Canyon and felt the Volunteer Firefighter program would continue even with a full-time staff. Item 7. Consider and Take Appropriate Action on Resolution No. 39-2023, A Resolution by the City Commission of the City of Canyon, Randall County, Texas, Accepting a House Bill 2604 Grant From the Texas A&M Forest Service for the Purchase of a Large Truck Chassis and Slip-on Unit for the Canyon Fire Department; and Authorizing the Fire Chief to Represent the City in All Matters Pertaining to the Administration of the Grant. Fire Chief Dennis Gwyn presented Resolution No. 39-2023 for consideration. Chief Gwyn stated a grant for a Large Truck Chassis was filed by former Fire Chief Mike Webb in 2017 and the Fire Department was awarded the grant for a large truck chassis and a slip on unit (water tank and pump unit) from the Texas A&M Forest Service October 24, 2023. Chief Gwyn stated the new truck would replace a 1996 Ford chassis for Grass 1 that was worn out with major repairs needed. Chief Gwyn stated $102,488 will be budgeted in the 24-25 budget combined with the $75,000 currently in the budget for a Rescue 1 replacement chassis. Chief Gwyn broke down the cost: Purchase price $297,488 - Currently budgeted $ 75,000 - 24-25 budget $102,488 - Grant award $120,000 After discussion, Commissioner Cranmer moved, duly seconded by Commissioner Potter to authorize the acceptance of the Large Truck chassis and Slip-on unit grants from the Texas A&M Forest Service and authorize the Fire Chief to administer the Grants with the adoption of Resolution No. 39-2023 RESOLUTION NO. 39-2023 A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF CANYON, RANDALL COUNTY, TEXAS, ACCEPTING A HOUSE BILL 2604 GRANT FROM THE TEXAS A&M FOREST SERVICE FOR THE PURCHASE OF A LARGE TRUCK CHASSIS AND SLIP-ON UNIT FOR THE CANYON FIRE DEPARTMENT; AND City Commission Meeting November 6, 2023 Page 3 of 9 AUTHORIZING THE FIRE CHIEF TO REPRESENT THE CITY IN ALL MATTERS PERTAINING TO THE ADMINISTRATION OF THE GRANT Item 8. Consider and Take Appropriate Action on Survey Regarding Changing the Name of 4th Avenue to University Avenue or Memorializing 4th Avenue to University Avenue. City Manager Joe Price stated this would be discussed at a future meeting. Item 9. Presentation of Canyon 2022 Strategic Plan Update. Assistant City Manager Jon Behrens began the update of the City of Canyon Strategic Plan. Mayor Hinders asked to pause the update and move to other agenda items in consideration of time of those present. Item 10. Conduct Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1190, an Ordinance of the City Commission of the City of Canyon, Texas, Zoning the Property to be Developed as Mayra Park Unit 1, Providing That the Zoning Classifications 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. Planning and Development Director Lucas Raley presented Ordinance No. 1190 for consideration. Mr. Raley stated Robbie Christie, representing N&B Properties, Inc. submitted an application to zone the property for Mayra Park Unit 1 with a proposed zoning of single-family suburban and multi-family. Mr. Raley said the Planning and Zoning Commission unanimously recommended approval of the zoning request. Mayor Hinders opened the Public Hearing. There being no comments, Mayor Hinders closed the Public Hearing. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to adopt Ordinance No. 1190 establishing zoning districts for Mayra Park Unit 1. Motion carried unanimously. ORDINANCE NO. 1190 Mayra Park Unit 1 Zoning AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, ZONING THE PROPERTY TO BE DEVELOPED AS MAYRA PARK UNIT 1, PROVIDING THAT THE ZONING CLASSIFICATIONS BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE City Commission Meeting November 6, 2023 Page 4 of 9 Item 11. Consider and Take Appropriate Action on a Final Plat for Mayra Park Unit 1, A Subdivision in the City of Canyon. Planning and Development Director Lucas Raley presented a final plat for Mayra Park Unit 1 for consideration. Mr. Raley stated the Planning and Zoning Commission voted unanimously to recommend approval of the plat. After discussion Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to approve the plat for Mayra Park Unit 1. Motion carried unanimously. Item 12. Conduct a Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1191, an Ordinance of the City Commission of the City of Canyon, Texas, Zoning the Property at 22001 UH 87 (Known as the Lumber Yard), Providing That the Zoning Classifications be Posted Upon the Zoning District Maps of the City of Canyon, Providing That All Ordinances or Parts of Ordinance in Conflict Herewith are Expressly Repealed, and Providing for an Effective Date. Planning and Development Director Lucas Raley presented Ordinance No. 1191 for consideration. Mr. Raley stated the property was annexed into the City Limits September 18, 2023 and now needed zoning. Mr. Raley stated the recommended zoning is RC-2 for commercial use. Mr. Raley stated the Planning and Zoning Commission voted unanimously to recommend approval of the zoning request. Mayor Hinders opened the public hearing. There being no comment, Mayor Hinders closed the public hearing. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to adopt Ordinance No. 1191, zoning the property at 22001 UH 87 to RC-2 (Retail/Commercial Two). Motion carried unanimously. ORDINANCE NO. 1191 22001 UH 87 (The Lumber Yard) Zoning AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, ZONING THE PROPERTY AT 22001 UH 87 (KNOWN AS THE LUMBER YARD), PROVIDING THAT THE ZONING CLASSIFICATIONS BE POSTED UPON THE ZONING DISTRICT MAPS OF THE CITY OF CANYON, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE EXPRESSLY REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. Item 13. Consider and Take Appropriate Action on Ordinance No. 1189, An Ordinance of the City of Canyon, Texas, Removing Real Property From the Extraterritorial Jurisdiction (“ETJ”) of the City of Canyon on Petition of Landowners and Reducing the ETJ of the City of Canyon in Accordance with Such Action; and Providing for an Effective Date. City Commission Meeting November 6, 2023 Page 5 of 9 Planning and Development Director Lucas Raley presented Ordinance No. 1189 for consideration. Mr. Raley stated October 4, 2023, the City of Canyon received a Petition for Release from the Extraterritorial Jurisdiction of the City of Canyon pursuant to Section 42.102 of the Texas Local Government Code. Mr. Raley stated the petition includes 2 parcels of property owned by Montgomery Agricultural Operations, LLC and Prairie Grass Properties, LLC. Mr. Raley explained Section 42.102 of Local Government Code lays out the procedure for such a petition including having to be approved by the Governing Body of the municipality by Ordinance or Resolution. Property Owners Davy Hamilton and Jeff Hamilton spoke about the request. Todd Boykin, Attorney from Underwood Law Firm representing the Hamilton’s read a letter stating an injunction had been filed by the City of Grand Prairie, Texas to the adoption of Section 42.102 and he found the lawsuit to be erroneous. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to adopt Ordinance No. 1189 removing real property from the Extraterritorial Jurisdiction of the City of Canyon pursuant to Section 42.023 of the Texas Local Government Code. Motion carried 4-1 with Commissioner Lyons voting against. ORDINANCE NO. 1189 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, REMOVING REAL PROPERTY FROM THE EXTRATERRITORIAL JURISDICTION (“ETJ”) OF THE CITY OF CANYON ON PETITION OF THE LANDOWNERS AND REDUCING THE ETJ OF THE CITY OF CANYON IN ACCORDANCE WITH SUCH ACTION; AND PROVIDING FOR AN EFFECTIVE DATE Item 14. Consider and Take Appropriate Action on Ordinance No. 1192, an Ordinance of the City of Canyon, Texas, Removing Real Property from the Corporate Limits of the City of Canyon on Petition of Landowners and Reducing the Corporate Limits of the City of Canyon in Accordance with Such Action; and Providing for an Effective Date. Planning and Development Director Lucas Raley presented Ordinance No. 1192 for consideration. Mr. Raley stated the City of Canyon received a petition for Disannexation pursuant to Ordinance No. 1186 adopted October 16, 2023 by the City of Canyon Commission. Mr. Raley said the request includes one parcel of land owned by MH Panhandle Investment, LLC. Mr. Raley stated the City of Canyon is unable to serve this property with utility services due to the limitations of existing infrastructure and cost prohibitive nature of new utilities that could serve this site. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to adopt Ordinance No. 1192, removing real property from the Corporate Limits of the City of Canyon pursuant to Ordinance No. 1186 of the City of Canyon. Motion carried 4-1 with Commissioner Lyons voting against. ORDINANCE NO. 1192 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, REMOVING REAL PROPERTY FROM THE CORPORATE LIMITS City Commission Meeting November 6, 2023 Page 6 of 9 OF THE CITY OF CANYON ON PETITION OF LANDOWNERS AND REDUCING THE CORPORATE LIMITS OF THE CITY OF CANYON IN ACCORDANCE WITH SUCH ACTION; AND PROVIDING FOR AN EFFECTIVE DATE. Item 15. Consider and Take Appropriate Action on a Quitclaim Deed for all of That Certain Northern One Hundred Forty Foot (140’) of the Alley Located Between Blocks 6 and 7 of the Gilvin & Brymer College Park Addition, and Addition to the City of Canyon, Randall County, Texas According to the Map or Plat Thereof, of Record in Vol. 60, Page 501, of the Deed of Records of Randall County, Texas. Planning and Development Director Lucas Raley presented a Quitclaim Deed as requested by Devan Pharis, representing Estacado Interests, the developer for the Canyon Whataburger releasing all claim, right, or title to the property. Mr. Raley stated the quitclaim deed would further memorialize the abandonment of the alley that previously ran through the Whataburger site. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to authorize signing the provided quitclaim deed. Motion carried unanimously. Item 16. Consider and Take Appropriate Action on Ordinance No. 1188, An Ordinance of the City of Canyon, Texas, Amending Traffic Regulations Pursuant to §11.05.051 of the Code of Ordinances to Provide for Prima Facie Lawful Safe Speed Limits Established for Motor Vehicles Within Designated Locations in the Corporate Limits of the City of Canyon as Provided in this Ordinance, Providing for a Penalty and an Effective Date. City Manager Joe Price presented Ordinance No. 1188 for consideration. Mr. Price stated as requested by the City of Canyon, Texas Department of Transportation’s Amarillo District Office conducted a traffic study on SH 217 east of Canyon. Mr. Price stated it was requested to consider a reduced speed limit in this corridor due to safety concerns. After discussion, Commissioner Cranmer moved, duly seconded by Commissioner Potter to adopt Ordinance No. 1188 for reducing the speed limit on 4th Avenue/SH 217 in the specific areas based on the traffic study and strip map conducted by Texas Department of Transportation. Motion carried unanimously. ORDINANCE NO. 1188 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, AMENDING TRAFFIC REGULATIONS PURSUANT TO §11.05.051 OF THE CODE OF ORDINANCES TO PROVIDE FOR PRIMA FACIE LAWFUL SAFE SPEED LIMITS ESTABLISHED FOR MOTOR VEHICLES WITHIN DESIGNATED LOCATIONS IN THE CORPORATE LIMITS OF THE CITY OF CANYON AS PROVIDED IN THIS ORDINANCE, PROVIDING FOR A PENALTY AND AN EFFECTIVE DATE. MAYOR HINDERS INDICATED A 5 MINUTE BREAK City Commission Meeting November 6, 2023 Page 7 of 9 MAYOR HINDERS REQUESTED Assistant City Manager Jon Behrens resume his update of Item 9, the Presentation of the Canyon 2022 Strategic Plan Update. Assistant City Manager completed the update. No Action required, informational only. MAYOR HINDERS MOVED TO ITEM 17. Item 17. Consider and Take Appropriate Action on Resolution No. 38-2023, A Resolution of the City Commission of the City of Canyon, Texas, Approving an Installation, Operation and Maintenance Agreement (Blanket Agreement) Between the City of Canyon and the Texas Department of Transportation for Certain Traffic Signals Within the City; Authorizing the City Manager to Execute all Necessary Documents Pertaining Thereto; and Establishing and Effective Date. Assistant Director of Public Works Chris Enriquez stated TxDOT approached the City of Canyon and requested the proposed agreement with the Texas Department of Transportation regarding traffic signals within the City of Canyon. Mr. Enriquez stated this is a blanket agreement that will include the operation and maintenance of all traffic signals within the Canyon City Limits with the exception of the traffic signal located on Hunsley Road at Walmart, as Hunsley Road is maintained by the City of Canyon. Mr. Enriquez said the terms of agreement are for TxDOT to install, operate, and maintain all traffic signals within our municipal boundary with no monetary obligation required by the City of Canyon. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to adopt Resolution No. 38-2023 approving a municipal maintenance agreement between TxDOT and the City of Canyon for the installation, operation and maintenance of all traffic signals within the City Limits of Canyon with the exception of the traffic light on Hunsley Road by Walmart. Motion carried unanimously. RESOLUTION NO. 38-2023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, APPROVING AN INSTALLATION, OPERATION AND MAINTENANCE AGREEMENT (BLANKET AGREEMENT) BETWEEN THE CITY OF CANYON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CERTAIN TRAFFIC SIGNALS WITHIN THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS PERTAINING THERETO; AND ESTABLISHING AN EFFECTIVE DATE. Item 18. Consider and Take Appropriate Action on Presentation on Short-Term Rental Ordinances and Future Options. City Commission Meeting November 6, 2023 Page 8 of 9 City Manager Joe Price announced this discussion would be moved to a future meeting. Item 19. Consider and Take Appropriate Action on Presentation of BCD Budget for FY 2023- 2024. Assistant City Manager Jon Behrens presented the Board of City Development proposed 2023-2024 budget for consideration. Mr. Behrens said collections were strong with the addition of the Hampton Inn and he estimated the income will exceed $370,000 this year compared to last year’s income of $345,000. Mr. Behrens said at this time there are 25 short-term rentals contributing to this account and four hotels. Mr. Behrens said the requests were directed for advertising with the main goal of bringing people in to stay at hotels. Mr. Behrens said the Board of City Development met July 20, 2023 and October 17, 2023 and agreed on a budget of $313,400, an increase of $66,800 from 2022-2023 budget. Mr. Behrens said the BCD recommended allocating the funds as listed: For the ’23-24 FY the following requests and funding grants from the BCD were made: Requested Awarded Change • WTAMU $80,000 $80,000 Add. $17,000 • Canyon Chamber of Commerce $42,000 $42,000 Add. $5,000 • Mainstreet $11,500 $11,500 Dec. $11,500 • TEXAS $50,000 $50,000 Add. $9,300 • PPHM $55,000 $55,000 Add. $4,300 • Additional Projects $25,000 $25,000 No change • CEDC $42,600 $42,600* Add. $42,600 • Billboard rental $7,000 $7,000 No change • Sign electric bill $300 $300 Add. $100 TOTAL $313,400 $313,400 $66,800 Mr. Behrens stated the Board of City Development felt strongly about funding all groups at their requested level this year wanting to return the funds to the various entities that are bringing the HOT revenue in. Mr. Behrens said it is understood that the proposed jump may not be awarded again due to plans for the development of a Visit Canyon program. Mr. Behrens also said the Board awarded 50% of the CEDC request and will review the proposed electronic marketing plan results in 6 months to determine if the additional funds will be awarded. Mr. Behrens stated the BCD Board voted unanimously to recommend approval of the proposed budget to the City Commission. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the BCD Budget as presented. Motion carried unanimously. Item 20. Consider and Take Appropriate Action on Resolution No. 37-2023, A Resolution of the City Commission of the City of Canyon, Texas, Casting Votes for the Members of the Board of Directors of Randall County Appraisal District. City Manager Joe Price presented Resolution No. 37-2023 for consideration. Mr. Price stated the City Commission nominated Claudia Burkett and Robin Patterson as candidates for the PRAD Board of Directors at the September 28, 2023 Commission meeting with the adoption of Resolution No. 35-2023. The City of Canyon is allotted 80 votes. City Commission Meeting November 6, 2023 Page 9 of 9 After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to cast 40 votes to Claudia Burkett and 40 votes to Robin Patterson and adopt Resolution No. 37-2023 submitting the official ballot to Potter-Randall Appraisal District for the election of the PRAD Board of Directors. Motion carried unanimously. Item 21. Discuss Meeting Dates for November and December 2023; and January and February 2024. City Secretary Gretchen Mercer presented proposed meeting dates for the holidays. Ms. Mercer stated there is a need for one short meeting November 15, 2023 to adopt a Resolution for the Christmas in Canyon parade. After discussion, Commissioner Potter moved, duly seconded by Commissioner Cranmer to set the meeting dates as follows to accommodate the coming holidays: o November 15, 2023 beginning at 1:30 pm o December 4, 2023 beginning at 4:30 pm o January 8, 2024 beginning at 4:30 pm o February 5, 2024 beginning at 4:30 pm Motion carried unanimously. Item 22. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.074 Personnel Matters (Board Appointments (BCD Board and TIRZ Board) and §551.072 Deliberations about Real Property. Mayor Hinders indicated the City Commission would adjourn into Executive Session at 6:30 pm. Item 23. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon Returning from Executive Session at 8:46 pm, no action was taken. Item 24. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 8:46 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary