City of Canyon Commission Meetings

AGENDA NOTICE OF MEETING October 13, 2020 at 4:30 p.m. City of Canyon City Commission Regular Meeting will take place via Video Conference. Notice is Hereby Given in Accordance with the Order of the Office of the Governor Issued March 16, 2020. A Regular Meeting of the Governing body of the City of Canyon will be Held at 4:30 p.m. on the 13th day of October 2020, in the Commission Chambers of City Hall at 301 16th Street in the City of Canyon by Video Conference (In Order to Advance the Public Health Goal of Limiting Face-to-Face Meetings Also Called “Social Distancing” to Slow the Spread of the Coronavirus /COVID-19. There will be No Public Access to the Location Described Above. The video meeting is hosted through Zoom. It will also be broadcast on YouTube but there will be no interaction through YouTube, an interpreter will not be available. YouTube does provide closed captioning on the recorded video, it is not provided real-time. The link to YouTube will also be posted on the City of Canyon Facebook and website. If you wish to have the ability to ask questions, you must join the Zoom meeting at: https://us02web.zoom.us/j/705319857 Use the Q and A button to ask your questions. Those wishing to address the City Commission regarding Public Comment or a Public Hearing are asked to complete the Speaker Registration card and submit it no later than 4:00 pm the day of the posted meeting. You will be required to provide your phone number on the form. The Mayor will indicate that those wishing to address the City Commission be unmuted to speak at the appropriate time. The Speaker Registration Card has complete details on rules for Public Comment and Public Hearings. The meeting will be recorded and the recording will be available to the public in accordance with the Open Meetings Act upon written request. 1. Call to Order. 2. Invocation. 3. Pledge of Allegiance. 4. Approval of the Minutes of the Meeting of September 21, 2020. 5. Public Comment – Comments from Interested Citizens. 6. Consider and Take Appropriate Action on Update of Governor Greg Abbotts Executive Orders Directed at Slowing the Spread of COVID-19 in the State of Texas. 7. Presentation from the Cultural Foundation of the Texas Panhandle with WTAMU President Walter Wendler, President of the Texas Panhandle Heritage Foundation Board Mark Hodges, and President of the Panhandle Plains Historical Society Will Miller. 8. Consider and Take Appropriate Action on Bids Received for Hydro-Vacuum Excavator for the Water Division. City of Canyon 9. Consider and Take Appropriate Action on Request to Accept the Axon Quote and Execute the Contract for the Purchase of Body Cameras and Conducted Energy Devices (tasers) by the Canyon Police Department. 10. Executive Session Pursuant to §551.074 Board Appointments (Construction and Advisory and Appeals Board), 551.072 Real Property and §551.071 Consultation with Attorney. 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. 12. Adjourn Joe Price Joe Price, City Manager I certify that the above Notice of Meeting was posted on the bulletin board of the Civic Complex of the City of Canyon, Texas on the 9th day of October 2020. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting September 21, 2020 The City Commission of the City of Canyon met 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, Randy Ray, Roger Remlinger and Paul Lyons. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, IT Manager Shaun Holtman, Police Chief Steve Brush, Director of Finance Joel Wright, Fire Chief Dennis Gwyn, Library Director Janice Doan, Director of Public Works Dan Reese, Water Superintendent Eric Whitten, Water Foreman Jeff Williams, Business and Community Development Director Evelyn Ecker, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:33 p.m. Item 2. Invocation. Mayor Pro-Tem Jones gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Hinders. Item 4. Approval of the Minutes of the Meeting August 31, 2020. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ray to approve the minutes of August 31, 2020 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. City Manager Joe Price gave a statement on the successes of the 2019-2020 fiscal year. Item 6. Presentation of Proclamation for Lt. Col. Robert E. O’Donald. Mayor Hinders presented a Proclamation in honor of long time Canyon resident Lt. Col. Robert E. O’Donald. Item 7. Consider and Take Appropriate Action on Update of Governor Abbots Executive Orders Directed at Slowing the Spread of COVID-19 in the State of Texas. City Manager Joe Price gave an update on COVID-19 in the area and the Executive Order currently in place from Texas Governor Greg Abbott. Mr. Price stated there hasn’t been and substantial changes other than expansion to 75% capacity and commented that with schools opening and sports taking place to be prudent and wise and cases continue to rise. Informational only, no action required. City Commission Meeting September 21, 2020 Page 2 of 5 Item 8. Consider and Take Appropriate Action on Second and Final Reading of Resolution No. 22-2020, A Resolution of the City Commission of the City of Canyon Approving Project Funding Agreement Between the City of Canyon, AMBUCS and Canyon Economic Development Corporation Relating to Funding of the Kylie Hiner Memorial Playground. Business and Community Development Director Evelyn Ecker presented Resolution No. 22-2020 for the second and final reading. Ms. Ecker stated the Canyon Economic Development Corporation was proud to be the lead donor for the Kylie Hiner Memorial Playground and that this project brought the total of investments in Canyon Parks to approximately $1.5 million. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to adopt Resolution No. 22-2020 as presented. Motion carried unanimously. . RESOLUTION NO. 22-2020 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN THE CITY OF CANYON, AMBUCS AND CANYON ECONOMIC DEVELOPMENT CORPORATION RELATING TO FUNDING OF THE KYLIE HINER MEMORIAL PLAYGROUND. Item 9. Consider and Take Appropriate Action on Resolution No. 23-2020, A Resolution by the City of Canyon Approving a Negotiated Settlement Between the Executive Committee of Cites Served by Atmos West Texas and Atmos Energy Corp., West Texas Division Regarding the Companies 2020 Rate Review Mechanism Filing. City Manager Joe Price presented Resolution No. 23-2020 for consideration. After discussion, Commissioner Remlinger moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 23-2020 as presented. Motion carried unanimously. RESOLUTION NO. 23-2020 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE EXECUTIVE COMMITTEE OF CITIES SERVED BY ATMOS WEST TEXAS (“CITIES”) AND ATMOS ENERGY CORP., WEST TEXAS DIVISION REGARDING THE COMPANY’S 2020 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE CITIES’ REASONABLE RATEMAKING EXPENSES; City Commission Meeting September 21, 2020 Page 3 of 5 DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE CITIES’ LEGAL COUNSEL. Item 10. Consider and Take Appropriate Action on Resolution No. 26-2020, A Resolution to Make a Nomination to Fill a Vacancy on the Board of Directors of the Randall County Appraisal District. City Secretary Gretchen Mercer presented Resolution No. 26-2020 for consideration. Ms. Mercer stated Mr. Albert Harris had resigned from the Randall County Appraisal District Board of Directors so PRAD was seeking nominations. Ms. Mercer said Canyon Independent School District had nominated Misti Clements and recommended the City of Canyon do the same unless there were nominations from the Commission. After discussion, Commissioner Remlinger moved, duly seconded by Mayor Pro-Tem Jones to approve Resolution No. 26-2020 and nominate Misti Clements to the seat vacated on the Board of Directors of the Randall County Appraisal District. Motion carried unanimously. RESOLUTION NO. 26-2020 A RESOLUTION TO MAKE A NOMINATION TO FILL A VACANCY ON THE BOARD OF DIRECTORS OF THE RANDALL COUNTY APPRAISAL DISTRICT Item 11. Conduct Public Hearing and Consider and Take Appropriate Action on Ordinance No. 1129, Adopting the Tax Rate. City Manager Joe Price presented Ordinance No. 1129 for consideration. Mr. Price stated staff proposed adoption of a combined tax rate of $0.438090 per $100 valuation which is the exact same as the current combined tax rate. Mayor Hinders opened the public hearing. There being no comment, Mayor Hinders closed the public hearing. After discussion Mayor Hinders moved, moved, duly seconded by Commissioner Ray that the property tax rate be increased by the adoption of a tax rate of $0.380840 as the maximum M&O tax rate and $0.057250 as the maximum I&S proposed tax rate for a combined tax rate of $0.438090 per $100 valuation, which is effectively a 1.3 percent increase in the tax rate, and that Ordinance No. 1129 setting the City of Canyon’s combined ad valorem tax rate be adopted. Motion carried unanimously. Mayor Hinders Aye Mayor Pro-Tem Jones Aye Commissioner Remlinger Aye City Commission Meeting September 21, 2020 Page 4 of 5 Commissioner Lyons Aye Commissioner Ray Aye ORDINANCE NO. 1129 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, FIXING THE AD VALOREM TAX RATE AND PROVIDING FOR THE LEVYING OF AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF CANYON, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021 AT THE RATE OF $0.438090 PER ONE HUNDRED DOLLARS ($100.00), AND FOR DIRECTING THE ASSESSMENT THEREOF; PROVIDING FOR A DATE ON WHICH SUCH TAXES BECOME DUE AND DELINQUENT TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR REPEALING SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Item 12. Consider and Take Appropriate Action on Ordinance No. 1130- TY 2019-2020 Budget Amendment. Director of Finance Joel Wright presented Ordinance No. 1130 for consideration. Mr. Wright stated staff had analyzed the current budget and identified additional revenues and expenditures that were unanticipated during the budget process. Mr. Wright said these adjustments involve additional revenue, expenses, and transferred amounts between funds so they require being approved by Ordinance. Mr. Wright went over the proposed amendments in the General Fund, Utility Fund and Golf Fund. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Remlinger to adopt Ordinance No. 1130 as presented amending the FY 2019-2020 Operating Budget. Motion carried unanimously. Item 13. Discussion Regarding the Dedication of Areas at Brown Road and Buffalo Hills Trails as Official City Parks. Mayor Hinders opened discussion about dedicating areas around Brown Road and Buffalo Hills Trails as official city parks. After discussion the Commission directed City Attorney Chuck Hester to look into the process of dedicating the areas discussed. Item 14. Executive Session Pursuant to §551.087 for Deliberation Regarding Economic Development Negotiations and §551.071 Consultation with Attorney. City Commission Meeting September 21, 2020 Page 5 of 5 Mayor Hinders indicated the Commission would adjourn into Executive Session at 5:51 p.m. Item 15. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 6:25 p.m., no action was taken. Item 16. Adjourn There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary REGARDING ITEM 7 AGENDA To: Mayor and City Commission From: Gretchen Mercer, City Secretary Date: October 5, 2020 Re: Presentation from the Cultural Foundation of the Texas Panhandle with WTAMU President Walter Wendler, President of the Texas Panhandle Heritage Foundation Board Mark Hodges, and President of the Panhandle Plains Historical Society Will Miller. President Walter Wendler of West Texas A&M University has requested an audience with the City Commission to share information about a collaboration between WTAMU, Texas Panhandle Heritage Foundation and Panhandle Plains Historical Museum. Presentation only, no action. City of Canyon REGARDING 8 AGENDA To: Joe Price, City Manager From: Dan Reese, Public Works Director Date: September 29, 2020 Re: Consider and Take Appropriate Action on Bids Received for Hydro-Vacuum Excavator for the Water Division. Bids were received and opened for this equipment on September 15, 2020. This bid is for a piece of equipment that was included in the current budget. It’s for a trailer mounted, vacuum excavator (also known as a potholer). More and more Utilities is using this method for small excavations, in confined spaces and using it to excavate mains in after-hours situations when we can’t wait for line locates. Its use also ensures a virtually “damage-free” excavation, concerning other underground utilities. It has become a crucial piece of equipment to the entire department, as both wastewater and street divisions employ its use, as well. The Parks Department has also been known to have a use for it at times. Hence, we need a second machine. Finally, this will be a larger version of our first machine as it will have more capacity and hose length, crucial to operations in Hunsley Hills and other places without alleys. Two bids were received. The bid tabulation sheet is attached. The low bid was submitted by Ditch Witch UnderCon of Amarillo, in the amount of $ 67,981.00. Funding for this machine will be through the Capital Equipment Fund with a 10 year amortization. The public works department recommends awarding the bid for purchasing the hydro- vacuum excavator to Ditch Witch of Amarillo in the amount of $ 67,981.00. RECOMMMENDED MOTION “I move to award the bid for the purchase of the hydro-vacuum excavator to Ditch Witch of Amarillo in the amount of $ 67,981.00”. City of Canyon REGARDING ITEM 9 AGENDA To: Joe Price, City Manager From: Steven Brush, Chief of Police Date: September 30, 2020 Re: Consider and Take Appropriate Action on Request to Accept the Axon Quote and Execute the Contract for the Purchase of Body Cameras and Conducted Energy Devices (tasers) by the Canyon Police Department. In the FY 2020-2021 budget, the Canyon Police Department requested funds for the purchase of body cameras and conducted energy devices (tasers) from AXON Enterprise Inc. The AXON Quote is a 10-year agreement for a total cost of $452,826.89. Payments of $45,282.86 will be made annually. The budget was approved with the request for the purchase. The Police Department is requesting approval to accept the quote and execute the contract with AXON Enterprise Inc. RECOMMENDED MOTION “I move to approve/deny authorization to accept the AXON Quote and authorize execution of the contract with AXON Enterprise Inc. City of Canyon