City of Canyon Commission Meetings

City Commission Meeting August 5, 2024 The City Commission of the City of Canyon met in regular session at 4:40 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, Paul Lyons, Robyn Cranmer, and Danny Potter. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, Director of Finance Joel Wright, Communications Director Megan Nelson, Director of Public Works Chris Enriquez, Assistant Director of Public Works Tanner DeVenney, Assistant Fire Chief Vince Whitfill, Director of Planning and Development Lucas Raley, Assistant Planning and Development Director Craig Brown, Purchasing Manager Beau Boyer, Police Chief Steve Brush, Police Captain Matta Coggins, Water Superintendent Eric Whitten, Municipal Court Judge Jennifer Cates, Golf Course Superintendent John Haun, Canyon Economic Development Director Stephanie Tucker, Library Director Carlene Harguess, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:36 pm. Item 2. Invocation. Mayor Pro-Tem Jones 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 July 22, 2024. Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the minutes of July 22, 2024 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. Ed Yeats 2420 14th Ave, Canyon, Texas. Mr. Yeats said he walks in Paul Lindsey Park every morning and described an incident with a dog on June 5, 2024. Mr. Yeats said an 80lb dog, on a leash attacked him causing wounds to his elbow. Mr. Yeats said he went to the hospital and everything is good. Mr. Yeats is concerned that the dog is still being walked in the park and worries about children or other people being safe with the dog in the park. Mr. Yeats said he wanted the City to be aware. Item 6. Consider and Take Appropriate Action on Proposed 2024 Tax Rate and Setting a Public Hearing of the Proposed Tax Rate. Purchasing Manager Beau Boyer gave a presentation on the changes made to the 2024-2025 proposed budget as a result of the Budget Work Session held July 22, 2024. After discussion, Mr. Boyer presented the proposed 2024 Tax Rate for a Record Vote. City Commission Meeting August 5, 2024 Page 2 of 6 Commissioner Cranmer moved, duly seconded by Commissioner Potter that a proposed tax rate not to exceed $0.41011 per $100 valuation, including a maximum M&O rate of $0.37635 and a maximum I&S rate of $0.03376 be placed on the agenda of the City Commission meeting scheduled for Thursday, August 15, 2024 for final action. Mayor Gary Hinders Aye Mayor Pro-Tem Cody Jones Aye Commissioner Paul Lyons Nay Commissioner Robin Cranmer Aye Commissioner Danny Potter Aye Motion carried 4-5 with Commissioner Lyons voting against. Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to set a public hearing for the proposed tax rate for 4:30 pm, August 15, 2024. Motion carried unanimously. Item 7. Consider and Take Appropriate Action on Ordinance No. 1209 Annexing Territory to the City of Canyon, Brown Construction Services, PLLC Brown Construction Services Annexation, 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. City Attorney Chuck Hester presented Ordinance No. 1209 for consideration. Mr. Hester said all required public hearings had been conducted and action should be taken on Ordinance No. 1209 annexing the property as requested by Brown Construction Services. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to adopt Ordinance No. 1209 annexing property owned by Brown Construction Services at 6701 W. Country Club Road, Canyon, Texas. Motion carried unanimously. ORDINANCE NO. 1209 ANNEXING TERRITORY TO THE CITY OF CANYON BROWN CONSTRUCTION SERVICES, PLLC BROWN CONSTRUCTION SERVICES ANNEXATION 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. City Commission Meeting August 5, 2024 Page 3 of 6 Item 8. Hold Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1211, 6701 W Country Club Rd. – Zoning, An Ordinance of the City Commission of the City of Canyon, Texas, Establishing Zoning for the Property at 6701 W Country Club Rd. Otherwise Described as Sect 1 H&GN BLK B5, An Irregular Tract Beginning 1665 FT E & 115 FT South of NW Corner of Sect, 26.000 Acres, Providing That the Zoning Cassification 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. 1211 for consideration. Mr. Raley said Dave Brown submitted a zoning request to establish zoning for the property at 6701 W Country Club Rd upon annexation into Canyon to ensure compliance with Canyon’s zoning regulations and comprehensive plan. Mr. Raley said the future land use identifies the property as a suitable location for industrial use. Mr. Raley said only 1 property owner within 200’ received a notice with no response and that the Planning and Zoning Commission voted unanimously in favor of the zoning change request. Mayor Hinders opened the Public Hearing. There being no comment, Mayor Hinders closed the Public Hearing. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to adopt Ordinance No. 1211 as presented. Motion carried unanimously. ORDINANCE NO. 1211 6701 W Country Club Rd. Zoning AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, ESTABLISHING ZONING FOR THE PROPERTY AT 6701 W COUNTRY CLUB RD, OTHERWISE DESCRIBED AS SECT 1 H&GN BLK B5, AN IRREGULAR TRACT BEGINNING 1665 FT E AND 115 FT SOUTH OF NW CORNER OF SECT, 26.0000 ACRES, 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. Item 9. Hold Public Hearing and Consider and Take Appropriate Action on a Specific Use Permit (SUP) Application for 6701 W. Country Club Rd. to Operate a Concrete Batch Plant to Serve the I-27 Expansion Project. Planning and Development Director Lucas Raley presented a Specific Use Permit application submitted by Dave Brown for 6701 W Country Club Rd to operate a concrete batch plant. Mr. Raley said the plant would be utilized by the contractor hired by TxDOT to serve the construction needs of the I-27 expansion project and would be temporary. Mr. Raley stated the Planning and Zoning Commission voted unanimously to recommend the Specific Use Permit for 2 years, so that any City Commission Meeting August 5, 2024 Page 4 of 6 issues could be addressed before approving the SUP for the remaining estimated 3 years. Mr. Raley said notice was sent to 1 property owner with no response. Mayor Hinders opened the public hearing. There being no response, Mayor Hinders closed the public hearing. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to grant the Specific Use Permit as recommended by the Planning and Zoning Commission for a period of two years. Motion carried unanimously. Item 10. Consider and Take Appropriate Action on Interlocal Agreement Between WTAMU and City of Canyon. City Manager Joe Price presented an Interlocal Agreement between WTAMU and the City of Canyon. Mr. Price stated discussions for the development of the Interlocal Agreement related to responsibilities for Russell Long Blvd. began in 2020. Mr. Price said the agreement details who is responsible for mowing, maintenance of the road, costs and other associated items. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the Interlocal Agreement between the City of Canyon and WTAMU as presented. Motion carried unanimously. Item 11. Consider and Take Appropriate Action on Proposed Contract for Replacement of Canyon Area Library Roof. Assistant City Manager Jon Behrens presented information for the replacement of the Canyon Area Library Roof. Mr. Behrens said the roof is 22 years old and the city has been spending an average of $15,000 to $20,000 a year on repairs. Mr. Behrens said in March 2024, the City Commission approved city staff to enter into an agreement with Garland/DBS, Inc to manage the bid process, manage replacement and the warranty for the proposed new roof for the library. Mr. Behrens said Garland provided three bids for the project with Lydick-Hooks Roofing providing the low bid of $289,697.00 with a thirty year high-performance roof system warranty.  Lydick-Hooks Roofing $289,697.00  Pros R Us Roofing $307,758.00  Tri-Lam Roofing $343,207.00 Mr. Behrens said Garland fulfills all Texas competitive bidding requirements and all these roofers specialize in large projects of this type. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to authorize City staff to enter into a $289,697.00 contract with Garland/DBS, Inc. for the replacement, management and warranty of a new roof on the Canyon Area Library. Motion carried unanimously. Item 12. Consider and Take Appropriate Action on Ordinance No. 1212, An Ordinance of the City Commission of the City of Canyon, Texas, Adopting a Local Property Tax Exemption for City Commission Meeting August 5, 2024 Page 5 of 6 Qualifying Child-Care Facilities, as Defined by Texas Tax Code 11.36, and Amending Article 2.08 “Taxation” of the Code of Ordinances of the City of Canyon, Texas, by Adding Article §2.08.001 “Child-Care Facility Exemption”; Providing Repealing, Savings and Severability Clauses; Finding and Determining the Meeting at Which This Ordinance is Adopted Was Open to the Pubic as Required by Law; Providing for Publication and an Effective Date. City Attorney Chuck Hester presented Ordinance No. 1212 for consideration. Mr. Hester said Senate Bill 1145 was adopted by the 88th legislature and allows municipalities and counties to grant a tax exemption to qualifying childcare facilities by adding Section 11.36 to the TEXAS TAX CODE authorizing the governing body to adopt the exemption from ad valorem taxes. Mr. Hester stated each daycare has to meet the requirements set out by the Texas Workforce to qualify. City Manager Joe Price stated the Ordinance proposed a 100% tax exemption from city ad valorem taxes and that he would reach out to Randall County and encourage them to adopt the exemption as well. Mr. Price stated the exemption only applies to municipalities and counties; school districts are not included. Commissioner Cranmer stated this was a good program, anything to help keep and attract local childcare facilities is good. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to adopt Ordinance No. 1212 as presented. Motion carried unanimously. ORDINANCE NO. 1212 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, ADOPTING A LOCAL PROPERTY TAX EXEMPTION FOR QUALIFYING CHILD-CARE FACILITIES, AS DEFINED BY TEXAS TAX CODE 11.36, AND AMENDING ARTICLE 2.08 “TAXATION” OF THE CODE OF ORDINANCES OF THE CITY OF CANYON, TEXAS, BY ADDING §2.08.001 “CHILD- CARE FACILITY EXEMPTION”; PROVIDING REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; FINDING AND DETERMINING THE MEETING AT WHICH THIS ORDINANCE IS ADOPTED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Item 13. Consider and Take Appropriate Action for Authorizing the City Manager to Act on Behalf of the City of Canyon to Execute the Standard Utility Agreement Between the City of Canyon and TxDOT. Director of Public Works Chris Enriquez presented a Utility Agreement between the City of Canyon and TxDOT. Mr. Enriquez said with the I-27 road expansion currently underway, it was found that the city’s 24” water transmission line that feeds the north elevated storage tank from Kim Road Pump Station needs to be moved. Mr. Enriquez said this will alleviate any disruption to service and allow the highway construction to move as planned. Mr. Enriquez said the agreement outlines the responsibilities of each party for the relocation including reimbursement to the city from TxDOT that should be close to 100%. City Commission Meeting August 5, 2024 Page 6 of 6 After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to authorize the City Manager to act on the behalf of the City to sign and execute the Standard Utility Agreement between the City of Canyon and TxDOT. Motion carried unanimously. Item 14. Consider and Take Appropriate Action on Resolution No. 16-2024, A Resolution by the City of Canyon, Texas (“CITY”) Denying the Application Filed by West Texas Gas, LLC to Increase Rates Filed on About July 16, 2024; Finding That the Meeting Complies with the Open Meetings Act; Making Other Findings and Provisions Related to the Subject; and Declaring an Effective Date. City Manager Joe Price presented Resolution No. 16-2024 for consideration. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 16-2024 as presented. Motion carried unanimously. RESOLUTION NO. 16-2024 RESOLUTION BY THE CITY OF CANYON, TEXAS (“CITY”) DENYING THE APPLICATION FILED BY WEST TEXAS GAS, LLC TO INCREASE RATES FILED ON ABOUT JULY 16, 2024; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Item 15. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.087. Mayor Hinders indicated the City Commission would adjourn into Executive Session at 5:27 pm. Item 16. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon Returning from Executive Session at 5:53 pm, no action was taken. Item 17. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 5:53 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary