City of Canyon Commission Meetings

City Commission Meeting March 20, 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, Mayor Pro-Tem Cody Jones, Paul Lyons, Kelsey Ward and Randy Ray. Also present were the following City Staff: City Manager Joe Price, Assistant City Manager Jon Behrens, City Secretary Gretchen Mercer, Planning and Development Director Lucas Raley, Planning and Development Building Official Craig Brown, Planning and Development Building Inspector Stan Barnard, Director of Public Works Dan Reese, Assistant Public Works Director Chris Enriquez, Finance Director Joel Wright, Communications Director Megan Nelson, HR Director Hector Mendoza, Chief of Police Steve Brush, Police Captain Matt Coggins, Assistant Fire Chief Vince Whitfill, Wastewater Superintendent John Poole, Water Superintendent Eric Whitten, Business and Community Development Director Stephanie Tucker, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:32 pm. Item 2. Invocation. Mayor Pro-Tem Jones gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Ward. Item 4. Approval of the Minutes of the Meeting of March 6, 2023. Commissioner Ray moved, duly seconded by Commissioner Ward to approve the minutes of March 6, 2023 as presented. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens No public Comment was made. Item 6. Receive and Consider Possible Action of Proposals Received for Engineering Services for Application to the 2023 TXCDBG Downtown Revitalization (Main Street) Program and Associated Engineering Consideration if Funded. Assistant City Manager Jon Behrens presented a request to authorize the selection of engineers to provide engineering services for the TXCDBG Downtown Revitalization (Main Street) Program. Mr. Behrens said PRPC (Panhandle Regional Planning Commission) solicited engineering firms to provide services associated with this project and Hi-Plains Civil Engineers and OJD Engineering both submitted Statement of Qualifications. Mr. Behrens stated City Manager Joe Price, Director of Public Works Dan Reese, Assistant Director of Public Works Chris Enriquez, Director of Planning and Development Lucas Raley and Assistant City Manager Jon Behrens all evaluated City Commission Meeting March 20, 2023 Page 2 of 7 and scored each proposal based on scoring criteria provided by PRPC. Mr. Behrens said based on scoring criteria staff’s scoring resulted in Hi-Plains Civil Engineers scoring the highest.  Hi-Plains Civil Engineers Total Score 450 Avg. Score 90  OJD Engineering Total Score 433 Avg. Score 87 Mr. Behrens said it was staff’s recommendation that Hi-Plains Civil Engineers be selected to perform the engineering services associated with the grant project if the city was selected to receive the grant. Commissioner Ray moved, duly seconded by Mayor Pro-Tem Jones to authorize the selection of Hi-Plains Civil Engineers to provide engineering services for the City’s participation in the TXCDBG Downtown Revitalization (Main Street) Program and hereby authorize the City Manager, Joe Price, to execute any and all documents to effectuate said engineering services contract. Motion carried 4-1 with Commissioner Lyons voting no. Item 7. Discuss, Consider and Take Appropriate Action Regarding an Amendment to the Interlocal Contract for Administrative Services for the City of Canyon’s 2022 Texas Community Development Block Grant – Community Development Program Project #CDV21-0143 Assistant City Manager Jon Behrens discussed Agenda Items 7-10 stating each was necessary for the acceptance of a TXCDBG Block Grant the City of Canyon was awarded in 2022. Mr. Behrens said the City will received $350,000 from the grant that would enable the City of Canyon to replace several blocks of water and sewer lines on 6th, 7th, and 8th Avenues. Mr. Behrens the total cost of the project as estimated in 2021 was $723.975 and has been budgeted. Staff feels the cost will be approximately 15% higher at this time. Mr. Behrens said Amendment No. 1 to the Interlocal Agreement for TXCDBG Project Administration between the PRPC and City of Canyon outlined all of the steps and roles that the PRPC would take during the grant process. After discussion, Mayor Pro-Tem Jones moved to adopt Amendment No. 1 to the Interlocal agreement for TXCDBG project administration between the PRPC and City of Canyon. Motion carried unanimously. Item 8. Discuss, Consider and Take Appropriate Action on a Resolution Designating the Mayor, City Manager and Assistant City Manager to Act as the Designated Authorized Officials in Order to Execute Contractual and Environmental Documents Between the Texas Department of Agriculture and the City for the 2022 Texas Community Development Block Grant Program – Community Development Program Project, and for the Mayor, City Manager, Assistant City Manager and City Secretary to Act as Authorized Signatories to Certify the Payment Request Form Required for Requesting Funds Approved in the 2022 Texas Community Development Block Grant – Community Development Program Project #CDV21-0143 Assistant City Manager Jon Behrens explained Resolution No. 14-2023 designates City Staff members and the Mayor to serve as the grant representative. City Commission Meeting March 20, 2023 Page 3 of 7 After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ward to Resolution No. 14-2023, a resolution of the City Commission of Canyon, Texas, authorizing Canyon representatives in matters pertaining to the City’s partition in the Texas Community Development Block Grant Program. Motion carried unanimously. RESOLUTION NO. 14-2023 A RESOLUTION OF THE CITY COMMISSION OF CANYON, TEXAS AUTHORIZING CANYON REPRESENTATIVES IN MATTERS PERTAINING TO THE CITY’S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Item 9. Discuss, Consider and Adopt a Resolution Regarding Civil Rights and the Adoption of the Following Polices. Assistant City Manager Jon Behrens stated the adoption of Resolution No. 15-2023 confirms the City of Canyon is in compliance with all Federal rules and regulations regarding Civil Rights. Resolution No. 15-2023 addresses:  Excessive Force Policy  Section 504 Policy Against Discrimination and Grievance Procedures  Citizen Participation Plan and Grievance Procedures  Code of Conduct  Fair Housing Policy After discussion, Commissioner Ward moved, duly seconded by Commissioner Ray to Resolution No. 15-2023 as presented. Motion carried unanimously. RESOLUTION NO. 15-2023 Regarding Civil Rights The City of Canyon, Texas Item 10. Discuss, Consider and Adopt a Proclamation Designating April 2023 as Fair Housing Month in the City of Canyon. Assistant City Manager Jon Behrens presented a Proclamation to proclaim April 2023 as Fair Housing Month. Commissioner Ward moved, duly seconded by Commissioner Ray to proclaim April 2023 as Fair Housing Month in the City of Canyon and hereby urge all the citizens of Canyon to become aware of and support the Fair Housing Laws. Mayor Hinders read the Proclamation out loud. Item 11. Consider and Take Appropriate Action on an Amended Plat for Stone Creek Unit 1, A Subdivision in the City of Canyon ETJ. City Commission Meeting March 20, 2023 Page 4 of 7 Planning and Development Director Lucas Raley presented an amended Plat for Stone Creek Unit 1, a development in the ETJ of Canyon, stating the plat was amended to move the entrance to the development to comply with line-of-sight requirements. Mr. Raley said the number of lots did not change. Mr. Raley said the Canyon Planning and Zoning Commission voted unanimously to approve the final plat. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ward to adopt the amended plat of Stone Creek Unit 1 as presented. Motion carried unanimously. Item 12. Consider and Take Appropriate Action on Authorization for the Purchase of a Mini Excavator for the Wastewater Department. Wastewater Superintendent John Poole presented information for the purchase of a mini excavator for the Wastewater Department for a total of $56,800. Mr. Poole said the mini excavator had been budgeted for in the current budget in the Capital Equipment Fund for a total of $60,000. After discussion, Commissioner Ray moved, duly seconded by Mayor Pro-Tem Jones to authorize City Staff to purchase the mini excavator for a total of $56,800. Motion carried unanimously. Item 13. Consider and Take Appropriate Action on the February 28, 2023 Financial Report by Finance Director Joel Wright. Finance Director Joel Wright presented the Financial Report for consideration. After discussion Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ray to approve the Financial Report as presented. Motion carried unanimously. Item 14. Consider and Take Appropriate Action on the February 28, 2023 Investment Report by Finance Director Joel Wright. Finance Director Joel Wright presented the Investment Report for consideration. After discussion Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ray to approve the Investment Report as presented. Motion carried unanimously. Item 15. Consider and Take Appropriate Action on Interlocal Agreement Between the City of Canyon, Randall County, Texas, and the Randall County Sheriff’s Office Concerning Jail Services for City Prisoners. Police Chief Steve Brush presented an Interlocal Agreement between the City of Canyon and Randall County for jail services for City of Canyon prisoners. Chief brush said the agreement had been amended to reflect the per diem rate from $75.00 to $95.00 and the hourly rate for a Randall County Deputy to transport a prisoner for medical care if required from $20 per hour to $37.47 per hour. Chief Brush said the city’s use of the jail facilities was minimal After discussion, Commissioner Ward moved, duly seconded by Commissioner Ray to enter into a local agreement with Randall County and the Randall County Sheriff’s Office for jail services. Motion carried 4-1 with Mayor Pro-Tem Jones abstaining. City Commission Meeting March 20, 2023 Page 5 of 7 Item 16. Consider and Take Appropriate Action on Resolution No. 12-2023, A Resolution of the City of Canyon, Texas, Amending the Adopted Storm Water Criteria Manual in Relation to Accepted Drainage Infrastructure in the City of Canyon Extraterritorial Jurisdiction. Planning and Development Director Lucas Raley presented Resolution No. 12-2023 for consideration. Mr. Raley stated through collaboration with Randall County, it was determined there is a need to change the publicly maintained infrastructure in within the ETJ of Canyon to align with the current policy of Randall County. Mr. Raley said the resolution specifies which types of drainage infrastructure would be accepted and maintained by Randall County, anything outside the specifics would be maintained privately if implemented. After discussion, Commissioner Ray moved, duly seconded by Commissioner Ward to adopt Resolution No. 12-2023 as presented. Motion carried unanimously. RESOLUTION NO. 12-2023 ADOPTED STORM WATER MANUAL AMENDMENT A RESOLUTION OF THE CITY OF CANYON, TEXAS, AMENDING THE ADOPTED STORM WATER CRITERIA MANUAL IN RELATION TO ACCEPTED DRAINAGE INFRASTRUCTURE IN THE CITY OF CANYON EXTRATERRITORIAL JURISDICTION. Item 17. Consider and Take Appropriate Action on Authorization of the City Manager to Enter Into a Contract with Larson Golf Services, LLC for Final Design and Construction Related Services Associated With a New Irrigation System for Palo Duro Creek Golf Course. Assistant City Manager Jon Behrens presented a contract with Larson Golf Services, LLC. Mr. Behrens said Palo Duro Creek Golf Course had increased green fees by $10 over the last 3 years with those additional funds going towards golf course improvements. Mr. Behrens went over the plans for improvements and stated the City of Canyon would like to contract with Larson Golf Services to assist in moving forward with the following services:  Irrigation Master Plan revisions and development of Bid and Construction Documents  All construction related services  All necessary post construction series After discussion, Commissioners Ward moved, duly seconded by Commissioner Lyons to authorize City Manager Joe Price to sign a contract with Larson Golf Services, LLC. for final construction services associated with a new irrigation system for PDCGC. Motion carried unanimously. Item 18. Consider and Take Appropriate Action on Resolution No. 13-2023, A Resolution by the City of Canyon, Texas, (“CITY”) Responding to the Application of West Texas Gas Company, to Increase Rates Under the Gas Reliability Infrastructure Program; Suspending the Effective Date of this Rate Application for Forty-Five Days; Authorizing the City’s Participation in a Coalition of Cities Known as the “Alliance of West Texas City Commission Meeting March 20, 2023 Page 6 of 7 Gas Company Municipalities;” Requiring the Reimbursement of Costs; Determining That the Meeting at Which the Resolution was Adopted Complied With the Texas Open Meetings Act; Making Such Other Findings and Provisions Related to the Subject; and Declaring an Effective Date. City Manager Joe Price presented Resolution No. 13-2023 in response to an application of West Texas Gas Company to increase rates with a recommendation to suspend the effective date for 45 days in order to allow the Coalition of Cities (Alliance of West Texas Gas Company Municipalities) to ensure compliance of the rate case. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Ward to adopt Resolution No. 13-2023 as presented. Motion carried unanimously. RESOLUTION NO. 13-2023 A RESOLUTION BY THE CITY OF CANYON, TEXAS, (“CITY”) RESPONDING TO THE APPLICATION OF WEST TEXAS GAS COMPANY, TO INCREASE RATES UNDER THE GAS RELIABILITY INFRASTRUCTURE PROGRAM; SUSPENDING THE EFFECTIVE DATE OF THIS RATE APPLICATION FOR FORTY-FIVE DAYS; AUTHORIZING THE CITY’S PARTICIPATION IN A COALITION OF CITIES KNOWN AS THE “ALLIANCE OF WEST TEXAS GAS COMPANY MUNICIPALITIES;” REQUIRING THE REIMBURSEMENT OF COSTS; DETERMINING THAT THE MEETING AT WHICH THE RESOLUTION WAS ADOPTED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Item 19. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.072 Deliberation About Real Property, and §551.087 Economic Development). Mayor Hinders indicated the City Commission would adjourn into Executive Session at 5:22 pm. Item 20. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 7:08 pm, no action was taken. Item 21. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 7:08 pm. ______________________________ Gary Hinders, Mayor City Commission Meeting March 20, 2023 Page 7 of 7 ATTEST: ________________________________ Gretchen Mercer, City Secretary