City of Canyon Commission Meetings

City Commission Meeting December 4, 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, Robyn Cranmer, and Danny Potter. Commissioner Paul Lyons was unable to attend and Mayor Pro-Tem Cody Jones arrived at 5:06 pm. Also present were the following City Staff: Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, Director of Public Works Dan Reese, 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, Planning and Development Director Lucas Raley, Planning and Development Assistant Director Craig Brown, Water Superintendent Eric Whitten, CEDC Director Stephanie Tucker, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:36 pm. Item 2. Invocation. Commissioner Potter gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Cranmer. Item 4. Approval of the Minutes of the Meeting of November 15, 2023. Commissioner Cranmer moved, duly seconded by Commissioner Potter to approve the minutes of November 15, 2023 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No comments were made. Item 6. Consider and Take Appropriate Action on All Matters Incident and Related to the Issuance and Sale of “City of Canyon, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2023”, Including the Adoption of Ordinance No. 1193 Authorizing the Issuance of Such Certificates of Obligation. Director of Finance Joel Wright presented Ordinance No. 1193 for consideration. Mr. Wright introduced Jason Hughes, Managing Director with Hilltop Securities who gave a presentation of details for the sale of the certificates of obligation (CO’s) to finance irrigation system improvements for Palo Duro Creek Golf Course. Mr. Hughes said the bid was awarded to Robert W. Baird and Company with a true interest cost of 3.79%. After discussion, Commissioner Cranmer moved, duly seconded by Commissioner Potter that the City Commission adopt Ordinance No. 1193 approving the issuance and sale of the “City of Canyon, City Commission Meeting December 4, 2023 Page 2 of 6 Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Taxable Series 2023” in a Principal amount of $4,365,000. Motion carried unanimously. ORDINANCE NO. 1193 AN ORDINANCE AUTHORIZING THE ISSUANCE OF “CITY OF CANYON, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2023”; PROVIDING FOR THE PAYMENT OF SUCH CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES DERIVED FROM THE OPERATION OF THE CITY’S WATERWORKS AND SEWER SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SUCH CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY AND DELIVERY OF SUCH CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE. Item 7. Consider and Take Appropriate Action on the September 30, 2023 Financial Report by Finance Director Joel Wright. Finance Director Joel Wright presented the Financial Report for consideration. After discussion Commissioner Cranmer moved, duly seconded by Commissioner Potter to approve the Financial Report as presented. Motion carried unanimously. Item 8. Consider and Take Appropriate Action on the September 30, 2023 Investment Report by Finance Director Joel Wright. Finance Director Joel Wright presented the Investment Report for consideration. After discussion Commissioner Cranmer moved, duly seconded by Commissioner Potter to approve the Investment Report as presented. Motion carried unanimously. Item 9. Consider and Take Appropriate Action on Bids Received for a Water System Extension to Serve 22001 US Highway 87 (Old Lumber Yard Property). Director of Public Works Dan Reese presented bids for extending water service to 22001 US Highway 87 at the Old Lumber Yard. Mr. Reese said bids were opened November 20, 2023 with five bids received. Mr. Reese stated the low bid of $151,382.20 was received from Turkey Creek HDD of Amarillo and was approximately $75,000 under estimates and what has been budgeted. Mr. Reese stated there is a participation agreement between the City and developer of 50/50 cost share of the construction costs and this is a part of the CIP. Mr. Reese said it is the recommendation of staff and the City Engineer to award the bid to Turkey Creek HDD with the low bid of $151,382.10. City Commission Meeting December 4, 2023 Page 3 of 6 Bidder Bid Amount Days to Completion Turkey Creek HDD $151,382.20 60 days Amarillo Utility Contractors $179,990.00 120 days Scott Wampler Construction $181,945.00 90 days West Texas Utility Contractors $193,857.00 65 days Fuller & Sons $255,711.00 60 days After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to award the bid for the water system extension to serve 22001 US Highway 87 (Old Lumber Yard property), to Turkey Creek HDD, in the amount of $151,382.20 as recommended. Motion carried unanimously. Item 10. Consider and Take Appropriate Action on Survey Regarding Changing the Name of 4th Avenue to University Avenue or Memorializing 4th Avenue to University. Mayor Hinders reported he and Mayor Pro-Tem Jones met with WTAMU President Dr. Wendler and it was decided to put the renaming/memorializing 4th Ave on hold due to consideration of cost to business and home owners. No action, informational only. Item 11. Presentation on Housing Projections in Canyon and ETJ. Planning and Development Director Lucas Raley presented an updated 25 year housing projection for the City of Canyon. No action required, informational only. Item 12. Hold Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1194, An Ordinance Repealing Ordinance No. 714 and all Other Ordinances in Conflict Herewith and Adding Updated and Revised Zoning Regulations and Zoning Map of the City of Canyon, Texas; Providing a Severability Clause; Establishing an Effective Date; and Providing for a Penalty of Violation. Planning and Development Director Lucas Raley presented Ordinance No. 1194 for consideration. Mr. Raley said the adoption of Ordinance No. 1194 would provide for the first major update to the Zoning Ordinance and Zoning Map. Mr. Raley said the City of Canyon has been working with Freese and Nichols, staff, and used stakeholder feedback on this project creating more useful land use regulations and providing landowners with more options for development and land use. Mr. Raley said staff held three public meetings that were advertised in the news on TV, online, on the city website and social media pages and every land owner or occupant received a postcard in the mail. Mr. Raley stated the Planning and Zoning Commission voted unanimously to recommend approval City Commission Meeting December 4, 2023 Page 4 of 6 of the updated Zoning Regulations and Map at their November 20, 2023 meeting. Mr. Raley introduced Dan Sefco and Erica Craycraft representing Freese and Nichols. Mr. Sefco gave a brief presentation of the Zoning Regulation updates. After the presentation, 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. 1194, adopting the updated City of Canyon Zoning Regulations and Map as presented. Motion carried unanimously. ORDINANCE NO. 119 4 2023 City of Canyon Zoning Regulations AN ORDINANCE REPEALING ORDINANCE NO. 714 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH AND ADDING UPDATED AND REVISED ZONING REGULATIONS AND ZONING MAP OF THE CITY OF CANYON, TEXAS; AMENDING CHAPTER 9.03 OF THE CODE OF ORDINANCES OF THE CITY OF CANYON, TEXAS; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING A PENALTY FOR VIOLATION. Item 13. Consider and Take Appropriate Action on Resolution No. 42-2023, A Resolution of the City Commission of the City of Canyon, Adopting a Vision Zero Policy, and Providing for an Effective Date. Planning and Development Director Lucas Raley presented Resolution No. 42-2023 for consideration. Mr. Raley stated city staff met and discussed the need to improve the street network in Canyon and to increase the safety of the streets. Mr. Raley said Vision Zero is a comprehensive approach to road safety with a goal to eliminate all traffic fatalities and severe injuries while also providing for a safe and accessible transportation system for all. Mr. Raley said this includes safe routes to schools, bike lanes connecting WT and schools through Canyon and provides positive impacts with Economic Benefits, Enhanced Quality of Life, Community Building, and Environmental impacts. Mr. Raley stated it is the duty of the City to prioritize measures that protect human life, and adopting Vision Zero is a proactive step towards creating an even safer, more sustainable, and vibrant community. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to adopt Resolution No. 42-2023 as presented. Motion carried unanimously. RESOLUTION NO. 42-2023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON ADOPTING A VISION ZERO POLICY. City Commission Meeting December 4, 2023 Page 5 of 6 Item 14. Consider and Take Appropriate Action on Presentation on Short-Term Rental Ordinance and Future Options. Assistant City Manager Jon Behrens presented a proposed permitting process for Short-Term Rentals. Mr. Behrens stated as discussed in the past year, there is a need to increase efficiency in collecting hotel tax and managing short-term rental in Canyon. Mr. Behrens recognized prior authorization from the City Commission to contract with Azavar to help with the process stating City staff had already begun working with Azavar. Mr. Behrens said it is time to develop a process that will benefit both the City and local short-term rental operators. Mr. Behrens gave a brief presentation of Short-Term Rental Regulations pointing out that hotels have their facilities life safety systems inspected annually. After discussion, Commissioner Cranmer moved, duly seconded by Commissioner Potter to approve the creation of a short-term rental regulation ordinance setting a Permit Fee of $75 that includes a technology fee of $15; provides for Annual Renewal permit inspection fee of $40 with the renewal inspection requirements being met through a self-inspection process. Motion carried unanimously. Item 15. Consider and Take Appropriate Action on Resolution No. 41-2023, A Resolution of the City Commission of the City of Canyon, Texas, Amending the City of Canyon Personnel Policy Manual, Section 8.04, Holiday Leave. HR Director Hector Mendoza presented Resolution No. 41-2023 for consideration. Mr. Mendoza stated with the Juneteenth holiday being recognized as a federal holiday, HR is requesting to add it to the City of Canyon holiday list of recognized holidays. Mr. Mendoza stated this is requested as part of the ongoing efforts to attract and retain employees, and remain a competitive employer in the area. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to adopt Resolution No. 41-2023 amending the City of Canyon Personnel Policy Manual, Section 8.04, adding Juneteenth Day a nationally observed holiday for eligible City of Canyon employees. Motion carried unanimously. RESOLUTION NO. 41-2023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON OF CANYON, TEXAS, AMENDING THE CITY OF CANYON PERSONNEL POLICY MANUAL, SECTION 8.04, HOLIDAY LEAVE. Item 16. Presentation of Capital Improvement Plan Projects. Purchasing Manager Beau Boyer presented information regarding the City of Canyon Capital Improvement Plan. Mr. Boyer included a summary, active CIP projects, upcoming CIP projects, Potential projects including those requiring a Bond Election, and a full list of CIP projects. No Action required, informational only. City Commission Meeting December 4, 2023 Page 6 of 6 Item 17. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.074 Board Appointments (Board of City Development, 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), §551.087 Deliberation Regarding Economic Development and §551.072 Deliberations about Real Property. Mayor Hinders indicated the City Commission would adjourn into Executive Session at 6:47 pm. Item 18. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon Returning from Executive Session at 7:52 pm, the following action was taken. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to reappoint Lindsay Mayhew and Gina Woodward to the Board of City Development. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to reappoint Mark Pittman and Becca Brooke to the Canyon Area Library Board. Motion carried unanimously. Item 19. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 7:53 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary