City of Canyon Commission Meetings

City Commission Meeting February 5, 2024 The City Commission of the City of Canyon met in regular session at 4:30 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 Cody Jones, Robyn Cranmer, and Paul Lyons. Commissioner Danny Potter was unable to attend. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, HR Director Hector Mendoza, Canyon Economic Development Director Stephanie Tucker, Fire Chief Dennis Gwyn, Assistant Fire Chief Vine Whitfill, Water Superintendent Eric Whitten, Director of Public Works Dan Reese, Assistant Director of Public Works Chris Enriquez, Planning and Development Director Lucas Raley, Assistant Director of Planning and Development Craig Brown, Purchasing Manager Beau Boyer, Police Chief Steve Brush, Communications Director Megan Nelson, Director of IT Shaun Holtman, Municipal Court Judge Jennifer Cates, Canyon Area Library Director Carlene Harguess, City Engineer Adolfo Garcia, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:31 pm. Item 2. Invocation. Commissioner Cranmer 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 January 8, 2024. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to approve the minutes of January 8, 2024 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. Todd L. Hokanson – Post Commander for local VFW Canyon. Mr. Hokanson wanted to introduce himself and stated the VFW in Canyon was ready to get involved with the community, take care of Vets and invest in the community. Mr. Hokanson invited all to the Local VFW community Open House in April, 2024. Item 6. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 01-2024, A Resolution of the City Commission of the City of Canyon Approving a Project Funding Agreement Between the Lumber Yard, Ltd, A Texas Limited Partnership Acting by and Through its General Partner The Lumber Yard Management, LLC, a Limited Liability Corporation and The Crew Entertainment, Ltd and Canyon Economic Development Corporation Relating to Direct Financial Assistance and Job Incentives for New Business in Canyon. City Commission Meeting February 5, 2023 Page 2 of 7 Economic Development Director Stephanie Tucker presented Resolution No. 01-2024 for consideration and adoption. Ms. Tucker said the Canyon Economic Development Corporation approved project funding for the Lumber Yard, Ltd providing $500,000 for job incentives for a new business, The Lumber Yard. Ms. Tucker stated the CEDC held a public hearing January 4, 2024 and there was no opposition for the approval of the project. Ms. Tucker provided a breakdown of disbursements: The $450,000 will be disbursed as follows: • $150,000 – Building Permit Issued • $100,000 – Delivery of Equipment • $100,000 – 1 year Anniversary • $100,000 – 2 year Anniversary The remainder of $50,000 will be a reimbursement for TWC reporting for new jobs created at 20%, capped at 3 years or $50,000, whichever comes first. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to adopt Resolution No. 01-2024 as presented. Motion carried unanimously. RESOLUTION NO. 01-2024 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN THE LUMBER YARD, LTD, A TEXAS LIMITED PARTNERSHIP ACTING BY AND THROUGH ITS GENERAL PARTNER THE LUMBER YARD MANAGEMENT, LLC AND THE CREW ENTERTAINMENT, LTD AND CANYON ECONOMIC DEVELOPMENT CORPORATION RELATING TO DIRECT FINANCIAL ASSISTANCE AND JOB INCENTIVES FOR NEW BUSINESS IN CANYON. Item 7. Consider and Take Appropriate Action on Ordinance No. 1200, an Ordinance of the City of Canyon, Texas, Amending Article 12.03 Division 3: Water and Sewer Facilities; of the Code of Ordinances Relating to Pro Rata Fees for Extensions of Water and Wastewater Mains and Posting Security for the Cost of Such Extensions, Providing for Severability, Providing for Partial Repeal and an Effective Date. City Manager Joe Price and City Engineer Adolfo Garcia gave an informational presentation with an example of how a Pro Rata contract would be processed. Commissioner Lyons asked why anyone would enter into a Pro Rata agreement. City Manager Joe Price stated Canyon Independent School District requested a Pro-Rata contract for the sewer line CISD paid for when building Spring Canyon Elementary and the adoption of Ordinance No. 1200 would clarify how a Pro Rata contract worked. Mr. Price said the current Pro Rata in place is only 1 short sentence. Commissioner Lyons asked why they needed the money, stating “CISD has money”. City Engineer Adolfo Garcia presented information that explained how a developer could recoup a portion of money spent on the installation of a water / sewer line that still had room for others to tap into. This would save the one tapping into the existing line by not having to pay the cost for a whole new line, and save the one that put the line City Commission Meeting February 5, 2023 Page 3 of 7 in money as they receive reimbursement. Mr. Lyons commented that the City should pay for extension of all lines. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to adopt Ordinance No. 1200 Amending the Pro Rata Fee Ordinance as presented. Motion carried unanimously. Item 8. Consider and Take Appropriate Action on the Submission of Proposed Projects to the Texas Water Development Board (TWDB). City Manager Joe Price presented a list of proposed projects to be submitted to the Texas Water Development Board for water and sewer projects as there are low interest financing opportunities available at this time. Mr. Price stated staff has met with 2 consultants, Kimley-Horn and Freese and Nichols that will assist in the development of several TWDB project applications at no cost. Mr. Price said the City Engineer, Hi Plains Engineering, will be reviewing on behalf of the city. Mr. Price said staff was seeking support from the City Commission to apply for the listed grants.  State Water Implementatino Fund for Texas (SWIFT)  Drinking Water State Revolving Fund (DWSRF)  Clean Water State Revolving Fund (CWSRF) After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer approve the attached projects for submission to the Texas Water Development Board (TWDB). Motion carried unanimously. Item 9. Update on Insurance Services Office Public Protection Classification (ISO PPC) Rating for the City of Canyon. Fire Chief Dennis Gwyn gave a brief update on the status of the City of Canyon Insurance Services Office Public Protection Classification (ISO) and what the Fire Department is doing to improve the current rating. Chief Gwyn stated the increased staffing is helping with the rating. No action required, informational only. . Item 10. Consider and Take Appropriate Action on Resolution No. 02-2024, A Resolution by the City of Canyon, Texas Supporting the Application and Acceptance of a FEMA SAFER Grant for the Hiring of Six Fulltime Firefighters 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. 02-2024. Chief Gwyn stated the opportunity to apply for the FEMA SAFER grant was approaching and the Canyon Fire Department would like to apply for 6 Firefighters. Chief Gwyn expressed appreciation for the approval of hiring 3 full time firefighters in this budget reiterating that the required staffing needed will help with the ISO rating for Canyon. City Commission Meeting February 5, 2023 Page 4 of 7 After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 02-2024 regarding the application and administration of the FY 2023 FEMA SAFER Grant. Motion carried unanimously. RESOLUTION NO. 02-2024 A RESOLUTION BY THE CITY OF CANYON, TEXAS SUPPORTING THE APPLICATION AND ACCEPTANCE OF A FEMA SAFER GRANT FOR THE HIRING OF SIX FULLTIME FIREFIGHTERS FOR THE CANYON FIRE DEPARTMENT; AND AUTHORIZING THE FIRE CHIEF TO REPRESENT THE CITY IN ALL MATTERS PERTAINING TO THE ADMINISTRATION OF THE GRANT. Item 11. Consider and Take Appropriate Action on an Agreement to Purchase a Fire Department Grass Truck from Daco Fire Equipment. Purchasing Manager Beau Boyer presented an agreement for the purchase of a Grass Truck for the Canyon Fire Department. Mr. Boyer stated the current grass truck in use is 28 years old and repairs are costly have increased operational costs and lowered dependence on the truck when needed for grass fires. Mr. Boyer stated the City Commission authorized the acceptance of the Texas A&M Forest Service grant for the purchase of a large truck chassis and slip on unit that covers 90% of the purchase price up to $100,000 for a large truck and up to $20,000 for the slip-on for a total of $120,000. Mr. Boyer stated a replacement truck is quoted at $298,825 with the price obtained through the Buyboard cooperative. Mr. Boyer said the truck is expected to take 12-15 months from the time the contract is signed so the remaining $178,825 would be included in the 2024-2025 budget. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to authorize City Staff to enter into an agreement with Daco Fire Equipment to purchase a Grass Truck for the amount of $298,825. Motion carried unanimously. Item 12. Consider and Take Appropriate Action on Resolution No. 03-2024, a Resolution by the City of Canyon, Texas Supporting the Application and Acceptance of a FEMA AFG Grant for the Purchase of a Fire Engine 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. 03-2024 for consideration. Chief Gwyn said the FY23 FEMA Assistance to Firefighters Grant (AFG) application period was open with a deadline to apply of March 8, 2024. Chief Gwyn said it is proposed to apply for the purchase of new fire engine replacement with an estimated cost to be $1.1 million and the grant was a 90/10 split grant. Chief Gwyn said the purchase of the fire engine would allow the Fire Department to place a 24 year old fire engine into reserve status and allow the current reserve fire engine with 40 years of service to be retired from use. Chief Gwyn stated the need for a reserve fire engine will always be required and effects the ISO scoring credit. Chief Gwyn stated the estimated delivery of the new truck ranges from 28-46 months from contract signing. City Commission Meeting February 5, 2023 Page 5 of 7 After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 03-2024 authorizing the Fire Department to purse the application of a FEMA AFG Grant for the purchase of a new fire engine. Motion carried unanimously. RESOLUTION NO. 03-2024 A RESOLUTION BY THE CITY OF CANYON, TEXAS SUPPORTING THE APPLICATION AND ACCEPTANCE OF A FEMA AFG GRANT FOR THE PURCHASE OF A FIRE ENGINE FOR THE CANYON FIRE DEPARTMENT; AND AUTHORIZING THE FIRE CHIEF TO REPRESENT THE CITY IN ALL MATTERS PERTAINING TO THE ADMINISTRATION OF THE GRANT. Item 13. Consider and Take Appropriate Action on Resolution No. 04-2024, A Resolution Approving the Submission, Acceptance and Administration of the DJ Edward Byrne Memorial Justice Assistance Grant to be Used for Hiring a Police Officer. Police Chief Steven Brush presented Resolution No. 04-2024 for consideration. Chief Brush said the receipt of this grant would cover the cost of 1 police officer’s salary for a full year. After the year was completed, another grant would be applied for each year for 4 years with the City of Canyon taking responsibility for a greater percentage of the officer’s salary. Chief Brush said with the award of the first year of the grant it was almost guaranteed the next 4 years would be awarded. Chief Brush stated the amounts covered were:  Year one – 100%  Year two – 80%  Year three – 60%  Year four – 40%  Year five – 20%  Year six forward 0% After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 04-2024 authorizing the submission, acceptance and administration of the Edward Byrne Memorial Justice Assistance Grant for the Police Department police officer hiring project. Motion carried unanimously. RESOLUTION NO. 04-2024 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 YEAR ONE OF A POLICE OFFICER HIRING PROJECT FOR THE CITY OF CANYON POLICE DEPARTMENT; AND AUTHORIZING THE CHIEF OF POLICE TO REPRESENT THE CITY IN ALL MATTERS PERTAINING TO THIS APPLICATION. City Commission Meeting February 5, 2023 Page 6 of 7 Item 14. Consider and Take Appropriate Action Related to a Request From the Police Department for the Expenditure of CCP Chapter 59 Seized Funds for the Purchase of Mapping Software. Chief of Police Steve Brush presented a request to use funds from the seized fund account towards the purchase of a mapping software program that will be used with the Police Departments drone. Chief Brush said the mapping software will be used to map fatal traffic crash scenes, crime scenes and other large areas needed for criminal investigations eliminating the need for manually measuring and sketching. Chief Brush said $2,000 had been budgeted for the purchase of the software but a quote obtained from Aerial Metrics came in at $5,390.00. Chief Brush stated Chapter 59 of the Texas Code of Criminal Procedure authorizes and regulates the forfeiture of contraband by law enforcement agencies and the attorney representing the state. Chief Brush said the Police Department / Finance Department maintains a fund of monetary forfeitures and it is included in the city’s annual financial audit. Chief Brush said Code of Criminal Procedure Chapter 59.06 prohibits expenditure of seized funds without the approval of the governing body. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to authorize the use of funds from the Chapter 59 Seized Fund Account for the purchase of mapping software. Motion carried unanimously. Item 15. Consider and Take Appropriate Action on Ordinance No. 1199, Master Schedule of Charges and Fees, an Ordinance Amending the City of Canyon, Texas (“City”) Code of Ordinances, Chapter 37, Master Schedule of Charges and Fees; Providing for the Addition of New and Amendment of Certain Other Fees and Charges; Providing a Repealing Clause; Providing a Severability Clause; for Publication and an Effective Date. Assistant City Manager Jon Behrens presented Ordinance No. 1199 for consideration. Mr. Behrens said the adoption of Ordinance No. 1199 would add Short Term Rental fees as adopted by the City Commission by Ordinance No. 1198, add the $500 fee for submission of petitions for release from the ETJ as adopted by Ordinance No. 1187, and amend a few other fees as needed. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to adopt Ordinance No. 1199 amending the fee schedule as presented. Motion carried unanimously. ORDINANCE NO. 1199 MASTER SCHEDULE OF CHARGES AND FEES AN ORDINANCE AMENDING THE CITY OF CANYON, TEXAS (“CITY”) CODE OF ORDINANCES, CHAPTER 37, MASTER SCHEDULE OF CHARGES AND FEES; PROVIDING FOR THE ADDITION OF NEW AND AMENDMENT OF CERTAIN OTHER FEES AND CHARGES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; FOR PUBLICATION AND AN EFFECTIVE DATE City Commission Meeting February 5, 2023 Page 7 of 7 Item 16. Canyon Brick Streets – Facts/Findings/Financing and Potential Solution Options. Assistant Director of Public Works Chris Enriquez presented a slide show covering the current state of brick streets around Canyon. Mr. Enriquez included photos and several proposals for the future of brick streets with different solutions and projected costs. No action required, informational only. Item 17. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.074 Board Appointments (Planning and Zoning Commission, Zoning Board of Adjustment), §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 6:04 pm. Item 18. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon Returning from Executive Session at 7:45 pm, Commissioner Lyons left the meeting after closed session. The following action was taken. Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to appoint Commissioner Danny Potter as City Commission representative; Police Chief Steven Brush; CC Sysombath as TxDOT representative; Chris Thomas as a WTAMU representative; Heather Wilson as CISD representative; Cameron Rosser as CISD representative; Jean Stunts as citizen mobility limited representative; Ana Harrison as citizen representative for Realtors and cyclists; Matt Wright as Citizen representative; Stephen Hayward as citizen representative and bike/pedestrian advocate; Vesko Todorov as citizen and WTAMU professor representative and avid cyclist and pedestrian. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to appoint Steve Thrasher and Bob Splawn to the expired seats of Bill Craddock and Larry Ramaekers for 3 year terms on the Canyon Planning and Zoning Commission. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to appoint Lige Murray and Scott Dillard to the expired seats of Jonathon Luna and Layne Myatt for 2 year terms on the Zoning Board of Adjustment. Motion carried unanimously. Item 19. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 7:46 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary