City of Canyon Commission Meetings

City Commission Meeting October 1, 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, Paul Lyons, Robyn Cranmer and Robyn Cranmer. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, Police Chief Steve Brush, Fire Chief Dennis Gwyn, Assistant Fire Chief Vince Whitfill, HR Director Hector Mendoza, Planning and Development Director Lucas Raley, Assistant Planning and Development Director Craig Brown, Director of Public Works Chris Enriquez, Assistant Director of Public Works Tanner DeVenney, Wastewater Superintendent John Poole, Director of Finance Joel Wright, Purchasing Manager Beau Boyer, Canyon Economic Development Director Stephanie Tucker, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:35 pm. Item 2. Invocation. Commissioner Potter 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 September 17, 2024. Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the minutes of September 17, 2024 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No Comments were made. Item 6. Presentation of Proclamation for Rotary World Polio Day”. Mayor Hinders presented a Proclamation supported by Rotary International recognizing October 24, 2024 as World Polio Day encouraging all citizens to join together with Rotary International in the fight for a polio-free world. Rotarians Justin Richardson, Stephanie Tucker, Dan Brown, Cody Jones, Andrea Reinert, Robyn Cranmer and Joe Price were present in support. Item 7. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 20-2024, A Resolution of the City Commission of the City of Canyon Approving Project Funding Agreement Between the Bald and The Bold, LLC DBA Big Tex Burritos and Canyon Economic Development Corporation Relating to Direct Financial Assistance for New Business in Canyon. City Commission Meeting October 1, 2024 Page 2 of 7 Canyon Economic Development Director Stephanie Price presented Resolution No. 20-2024 for the second of 2 required readings and adoption. Ms. Tucker said The Canyon Economic Development Corporation approved project funding for a new business, the Bald and the Bold, LLC; Big Tex Burritos. Ms. Tucker said the funding request includes the purchase of the land at 1410 US Hwy 60 for $250,000 and financial incentives not to exceed $50,000. Ms. Tucker said the EDC held a Public Hearing September 12, 2024 with no opposition. After discussion, Commissioner Potter moved, duly seconded by Commissioner Cranmer to adopt Resolution No. 20-2024 as presented. Motion carried unanimously. RESOLUTION NO. 20-2024 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN THE BALD AND THE BOLD, LLC, A TEXAS LIMITED LIABILITY COMPANY dba BIG TEX BURRITOS AND CANYON ECONOMIC DEVELOPMENT CORPORATION RELATING TO DIRECT FINANCIAL ASSISTANCE FOR NEW BUSINESS IN CANYON TO BE ESTABLISHED IN CANYON, TEXAS. Item 8. Conduct Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1215, Crow Addition Lots Re-Zoning, An Ordinance of the City Commission of the City of Canyon, Texas, Rezoning the Properties at 500, 502, 504, 506, and 508 Palo Duro Dr., and the Properties at 500, 501, 503, 505, 507, 509 Dimple Dr., 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. Planning and Development Director Lucas Raley presented Ordinance No. 1215 for consideration. Mr. Raley stated Kelby Hartman submitted an application for a zoning change for 11 lots in Crow Addition adjacent to Dimple Dr. and Palo Duro Dr. for 2F (Duplex Attached Residential). Mr. Raley said this was the 2nd request after Mr. Hartman retracted his first request for multifamily upon hearing concerns from neighbors. Mr. Raley said letters were sent to 15 property owners within 200’ with 5 received back; 1 in opposition, 2 in support and 2 that did not clarify support or opposition. Mr. Raley said the Planning and Zoning Commission voted 4-2 to approve the requested zoning designation. Mayor Hinders opened the public hearing. Andrea Reinert of Briarstone Enterprises 25801 S. Soncy – spoke in support of Ordinance No. 1215. There being no other comments, Mayor Hinders closed the public hearing. Commissioner Cranmer asked how many people spoke at the Planning and Zoning Commission? Mr. Raley said there was overwhelming opposition at the meeting with the first request, and only a few in opposition on the second request. Mr. Raley said the property owners went home to home to talk about the plans and property owners stated they appreciated that effort. City Commission Meeting October 1, 2024 Page 3 of 7 After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to adopt Ordinance No. 1215 as presented. Motion carried unanimously. ORDINANCE NO. 1215 Crow Addition Lots Re-Zoning AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING THE PROPERTIES AT 500, 502, 504, 506, AND 508 PALO DURO DR., AND THE PROPERTIES AT 500, 501, 503, 505, 507, 509 DIMPLE DR., 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. Conduct Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1216, 0 38th St. Re-Zoning, An Ordinance of the City Commission of the City of Canyon, Texas, Rezoning the Property at 0 38th St., Otherwise Described as W R Crow, BLK 0001, 1 and 2, an Addition to the City of Canyon, Randall County, Texas, 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. Planning and Development Director Lucas Raley presented Ordinance No. 1216 for consideration. Mr. Raley said this request for zoning by Kelby Hartman was also for 2F (Duplex Attached Residential). Mr. Raley said 11 notices were sent out to property owners within 200’ with 3 responses received in support of the change. Mr. Raley said the Planning and Zoning Commission voted unanimously to approve the requested zoning. 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. 2016 as presented. Motion carried unanimously. ORDINANCE NO. 1216 0 28th St. Re-Zoning AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, REZONING THE PROPERTY AT 0 38th St., OTHERWISE DESCRIBED AS W R CROW, BLK 0001, 1 AND 2, AN ADDITION TO THE CITY OF CANYON, RANDALL COUNTY, TEXAS, 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. City Commission Meeting October 1, 2024 Page 4 of 7 Item 10. Conduct Public Hearing and Consider and Take Appropriate Action on Specific Use Permit Request to Operate a Vape/Smoke Shop at 400 23rd St. Planning and Development Director Lucas Raley presented a Specific Use Permit request for a vape/smoke shop located at 400 23rd St. Mr. Raley said this is the 2nd time for this request to be brought before the Commission a year ago and was denied. Mr. Raley said 18 letters were sent to 18 property owners with one letter received in opposition and one in support. Mr. Raley said the Planning and Zoning Commission voted unanimously to approve the requested Specific Use Permit. Mayor Pro-Tem Jones asked how this request fit into the plan? Mr. Raley said that is how the property owner sees fit. Mayor Pro-Tem Jones asked if the Planning and Zoning approved the request unanimously last year, Mr. Raley said yes. Mayor Hinders opened the public hearing. Abdula Alshaif – 2287 88th Street, Lubbock, Texas and owner of Cosmic Smoke – Mr. Alshaif gave an overview of the plans for the smoke shop including a complete redesign of the outside, and adding they follow all Texas and Federal laws and do not sell anything to attract undesirable clientele, said they are a more upscale smoke shop including cigars. Mr. Alshaif said all employees are required to complete 2-day training and have a zero-tolerance policy on employees following policy. Commissioner Lyons asked if they owned the building; Mr. Alshaif said they leased it almost a year and a half ago. Mayor Pro-Tem Jones asked why they don’t plan to sell Kratom in Canyon, even though it states on the building it will be available at the proposed location, but do in other places. Mr. Alshaif said they have many customers from Canyon that visit their other stores in the area and are not interested in that type of product, and they try to match their stock to the city they are doing business in. Mr. Alshaif said the business partner that wanted to sell Kratom at the Canyon location is no longer his business partner. City Attorney Chuck Hester said since the Planning and Zoning Commission approved the Specific Use Permit, it would require a super majority vote of the City Commission to overrule their recommendation. After discussion, Commissioner Lyons moved to approve the Specific Use Permit as presented and to consider renewal in one year. Motion died due to lack of a second. An Attorney from the Sergi & Associates firm that represents Mr. Alshaif asked to address the Commission, Mayor Hinders gave her the floor. The attorney reminded the City Commission that Mr. Alshaif’s business is primarily a hemp shop, but he does sell other things and that Section 443.003 of the Texas Health & Safety Code prevents a municipality, county or other political subdivision may not enact or enforce a rule, adopt a Resolution, Ordinance or other regulation that prevents the processing, manufacturing or the sale or production of hemp products as authorized by the chapter. Commissioner Cranmer asked City Attorney Chuck Hester to interpret what that meant. Mr. Hester said State Law does address the legal sale of hemp products, but the Specific Use Permit is not about the selling of hemp products. Mayor Pro-Tem Jones asked for verification that if hemp was the only thing sold at this shop, the Specific Use Permit count not be denied. Mr. Hester said correct. Mr. Alshaif added that he understood the concern with the ascetics of the property and that they have a 5 year lease with option to purchase and it would take a few years to find a different use City Commission Meeting October 1, 2024 Page 5 of 7 for it, but eventually they would. Mr. Alshaif said if there were any specific accommodations the City Commission would like to see done, he was open to them in order to improve the property as he wants to work with the City, he’s here to open a business and he’s already invested in it and he didn’t want to see another 6 months go by with it empty as it is decided what to do with it. Mayor Hinders asked if there was another motion. It was confirmed that if no motion is made, it would fall back to the Planning and Zoning Commission. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to deny the Specific Use Permit. Motion carried 4-1 with Commissioner Lyons voting against. Item 11. Conduct Public Hearing and Consider and Take Appropriate Action on Resolution No. 23-2024, A Resolution of the City Commission of Canyon, Texas, Supporting the Application and Acceptance of a HUD Pro Housing Grant Application; and Authorizing the Director of Planning and Development to Represent the City in All Matters Pertinent to the Administration of the Grant. Planning and Development Director Lucas Raley presented Resolution No. 23-2024 for consideration. Mr. Raley gave an overview of the Pathways to Removing Obstacles to Housing (PRO Housing) Program saying it is a grant opportunity provided by the U.S. Department of Housing and Urban Development (HUD). Mr. Raley said the program would fund efforts to increase the production of affordable housing. Mr. Raley said the total funding request of $3,825,000 would be expended over a 10-year period. Mr. Raley said the adoption of Resolution No. 23-2024 represents the City’s commitment to addressing the affordability, sustainability and attainable housing in Canyon. 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 Resolution NO. 23-2024 as presented. Motion carried unanimously. RESOLUTION NO. 23-2024 A RESOLUTION OF THE CITY COMMISSION OF CANYON, TEXAS, SUPPORTING THE APPLICATION AND ACCEPTANCE OF A HUD PRO HOUSING GRANT APPLICATION; AND AUTHORIZING THE DIRECTOR OF PLANNING AND DEVELOPMENT TO REPRESENT THE CITY IN ALL MATTERS PERTINENT TO THE ADMINISTRATION OF THE GRANT. Item 12. Consider and Take Appropriate Action on Resolution No. 24-2024, A Resolution of the City Commission of Canyon, Texas, Declaring Expectation to Reimburse Expenditures with Proceeds of Future Debt. Director of Finance Joel Wright presented Resolution No. 24-2024 for consideration. Mr. Wright said the City’s involvement in a number of water and sewer infrastructure projects being funded by future issuance of debt, incurring preliminary costs associated with each project make it necessary City Commission Meeting October 1, 2024 Page 6 of 7 to spend the City’s depleting cash reserves currently and reimburse the reserves from dept proceeds that will be available in early 2025. Mr. Wright said the projects include the following:  Redundant Water Line associated with TxDOT I-27 Construction Project  Mayra Park Sewer Oversizing  Lumber Yard Sewer Extension After discussion, Commission Cranmer moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 24-2024 for the Declaration of expectation to reimburse appropriate expenditures associated water and sewer infrastructure projects, including the redundant water line associated with the TxDOT I-27 Construction Project, Mayra Park Sewer Oversizing, and the Lumber Yard Sewer Extension. Motion carried unanimously. RESOLUTION NO. 24-2024 A RESOLUTION OF THE CITY COMMISSION OF CANYON, TEXAS, DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEPT. Item 13. Consider and Take Appropriate Action on Resolution No. 22-2024, A Resolution of the City Commission of The City of Canyon, Texas in Order to Make Nominations to the Board of Directors of Randall County Appraisal District. City Manager Joe Price presented Resolution No. 22-2024 for consideration. Mr. Price said this was for the Commission to make nominations of people to serve on the Randall County Appraisal District Board. After discussion, no nominations were made. No action was taken. RESOLUTION NO. 22-2024 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, IN ORDER TO MAKE NOMINATIONS TO THE BOARD OF DIRECTORS OF RANDALL COUNTY APPRAISAL DISTRICT. Item 14. Executive Session Pursuant to §551.071 Consultation with Attorney, and §551.074 Personnel Matters (Evaluation for City Manager) and §551.072 Regarding Real Property. Mayor Hinders indicated the City Commission would adjourn into Executive Session at 5:46 pm. Item 15. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon Returning from Executive Session at 8:51 pm, the following action was taken. Mayor Pro Tem Jones moved, seconded by Mayor Hinders to extend the contract for City Manager Joe Price for another 2 year term ending 10-1-2026, and increase the salary of Mr. Price by 4%. Motion carried unanimously. Item 16. Adjourn. City Commission Meeting October 1, 2024 Page 7 of 7 There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 8:52 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary