City of Canyon Commission Meetings

City Commission Meeting March 18, 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, Danny Potter and Paul Lyons. Commissioner Robyn Cranmer was unable to attend. 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, Canyon Economic Development Director Stephanie Tucker, Director of Public Works Chris Enriquez, Assistant Director of Public Works Tanner Devenney, Fire Chief Dennis Gwyn, Assistant Fire Chief Vince Whitfill, Assistant Director of Planning and Development Craig Brown, Purchasing Manager Beau Boyer, Police Chief Steve Brush, Communications Director Megan Nelson, IT Director Shaun Holtman, Water Superintendent Eric Whitten, City Engineer Adolfo Garcia, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:34 pm. Item 2. Invocation. Commissioner Potter gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Pro-Tem Jones. Item 4. Approval of the Minutes of the Meeting of March 4, 2024. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to approve the minutes of March 4, 2024 with correction of Item 9 motion. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No comments were made. Item 6. Presentation of Proclamation Declaring April 2024 as Senior Hunger Awareness Month. Mayor Hinders presented a Proclamation declaring April 2024 as Senior Hunger Awareness Month. Mary E. Bivins Foundation was represented by Jessica Tudyk, Program Officer; Katharyn Wiegand, President and CEO; Amanda Copeland , Property Manager at Bivins Village; Janae Gillespie, Senior Hunger Advocate at Bivins Village; Barbie Jones, Board member and Puff Niegos, Board Member. Also present were Zach Wilson, Executive Director of High Plains Food Bank; and Glenn Backus, Director of The Market at Tierra Blanca. Item 7. Consider and Take Appropriate Action on the Audit of Financial Statements of the City of Canyon and the Canyon Economic Development Corporation for the Year Ended September 30, 2023 as Presented by Doshier, Pickens & Francis. City Commission Meeting March 18, 2023 Page 2 of 6 Finance Director Joel Wright introduced John Merriss of Doshier, Pickens & Francis and they presented the 2023 Audits for the City of Canyon and the Canyon Economic Development Corporation for approval. Mr. Merriss reported the City of Canyon and the CEDC was doing good and received a clean audit for 2022-2023. Mr. Merriss Commended Canyon Finance Director Joel Wright and the Finance Department for keeping great financial records and commented on Mr. Wright taking on the completion of the audit and creating a very professional audit report to be reviewed by Doshier, Pickens & Francis. Mr. Merriss commented he thought there were only two other cities in the Panhandle with Finance Directors that have the capabilities to do this. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to approve the 2023 audit of the financial statements for the City of Canyon and the Canyon Economic Development Corporation as of and for the Year Ended September 30, 2023. Motion carried unanimously. Item 8. Consider and Take Appropriate Action on Engagement of an Auditor for the City of Canyon’s Financial Statement Audit for Fiscal Year Ending September 30, 2024. Director of Finance Joel Wright recommended the appointment of Doshier, Pickens & Francis as the City of Canyon’s Auditor for FY 2023-2024. Mr. Wright stated he had worked with the firm over the years and they continue to provide a great service. Mr. Wright said they were available anytime needed to talk through questions or issues providing answers backed by professional experience. Mr. Wright stated Doshier, Pickens & Francis specialize in governmental audits. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to engage Doshier, Pickens & Francis to perform an audit of the City of Canyon’s financial statements as of and for the year ended September 30, 2024. Motion carried unanimously. Item 9. Consider and Take Appropriate Action Ordinance No. 1203, An Ordinance of the City of Canyon, Texas, Removing Real Property From the Extraterritorial Jurisdiction (“ETJ”) of the City of Canyon on Petition of Landowners and Reducing the ETJ of the City of Canyon in Accordance With Such Action; and Providing for an Effective Date. City Manager Joe Price presented Ordinance No. 1203 in the absence of Planning and Development Director Lucas Raley. Mr. Price stated the City of Canyon received another petition for release from the City of Canyon Extraterritorial Jurisdiction (“ETJ”) from Rita Ward and Debbie Finch that includes six parcels. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to adopt Ordinance No. 1203, Removing Real Property from the Extraterritorial Jurisdiction of the City of Canyon Pursuant to Section 42.023 of the Texas Local Government Code. Motion carried unanimously. ORDINANCE NO. 1203 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, REMOVING REAL PROPERTY FROM THE EXTRATERRITORIAL JURISDICTION (“ETJ”) OF THE CITY OF CANYON ON PETITION City Commission Meeting March 18, 2023 Page 3 of 6 OF LANDOWNERS AND REDUCING THE ETJ OF THE CITY OF CANYON IN ACCORDANCE WITH SUCH ACTION; AND PROVIDING FOR AN EFFECTIVE DATE. . Item 10. Consider and Take Appropriate Action on Ordinance No. 1202, An Ordinance of the City Commission of the City of Canyon, Texas, Enacting Article 9.06 Regulations for the Operation of Coin Operated Machines and Gaming Establishments Where such Machines are Present; Providing Definitions; Identifying Excluded and Exempt Machines; Providing for Issuance and Renewal of Licenses, Permits and City Occupation Tax Permits; Specifying Restrictions and Requirements; Providing for Location Restrictions; Providing for Replacement of Licenses or Permits; Providing for the Sealing of Machines; Providing for Inspections; Providing for Penalties for a Violation of this Ordinance; Amending Chapter 9.03, Zoning Regulations, Creating an Explanatory Note and Specifying Appropriate Zoning Districts; Providing for Severability and Savings Clause; Providing a Repealer and an Effective Date. City Manager Joe Price presented Ordinance No. 1202 for consideration. Mr. Price stated the proposal of Ordinance No. 1202 is in response to possible negative secondary effects associated with the operation of coin-operated gaming machines and establishments. Mr. Price stated the coin-operated machines cannot be outlawed, but zoning, permits and registration policies can be put in place. After discussion Mayor Hinders moved, duly seconded by Commissioner Potter to adopt Ordinance No. 1202 as presented. Motion carried unanimously. ORDINANCE NO. 1202 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, ENACTING ARTICLE 9.06 REGULATIONS FOR THE OPERATION OF COIN OPERATED MACHINES AND GAMING ESTABLISHMENTS WHERE SUCH MACHINES ARE PRESENT; PROVIDING DEFINITIONS; IDENTIFYING EXCLUDED AND EXEMPT MACHINES; PROVIDING FOR ISSUANCE AND RENEWALS OF LICENSES, PERMITS AND CITY OCCUPATION TAX PERMITS; SPECIFYING RESTRICTIONS AND REQUIREMENTS; PROVIDING FOR LOCATION RESTRICTIONS; PROVIDING FOR REPLACEMENT OF LICENSES OR PERMITS; PROVIDING FOR THE SEALING OF MACHINES; PROVIDING FOR INSPECTIONS; PROVIDING FOR PENALTIES FOR A VIOLATION OF THIS ORDINANCE; AMENDING CHAPTER 9, ARTICLE 9.03, ZONING REGULATION, CREATING AN EXPLANATORY NOTE AND SPECIFYING APPROPRIATE ZONING DISTRICTS; PROVIDING FOR SEVERABILITY AND SAVINGS CLAUSE; PROVIDING A REPEALER AND AN EFFECTIVE DATE. City Commission Meeting March 18, 2023 Page 4 of 6 Item 11. Consider and Take Appropriate Action Regarding an Amendment to the Interlocal Contract for Administrative Services for the City of Canyon’s 2023 Texas Community Development Block Grant – Downtown Revitalization Program Project #CDM23-0450. Assistant City Manager Jon Behrens introduced Items 11-14 to the City Commission explaining each item is necessary for the acceptance of the TxCDBG Downtown Revitalization Grant. Mr. Behrens stated Max Seymour, Local Government Services Program Specialist for the Panhandle Regional Planning Commission will provide administrative services for the project with the approval of an amendment to the 2021 Interlocal Contract for Administrative Services for Canyon’s 2023 Grant acceptance. After discussion, Commissioner Potter moved, duly seconded by Mayor Pro-Tem Jones to approve the amendment to the PRPC Interlocal Contract for Administrative Services for the City of Canyon’s 2023 Texas Community Development Block Grant – Downtown Revitalization Program Project #CDM23-0450. Motion carried unanimously. Item 12. Consider and Take Appropriate Action on Resolution No. 06-2024, A Resolution of the City Commission Designating the Mayor and 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 2023 Texas Community Development Block Grant Program – Downtown Revitalization Program Project; and for the Mayor, City Manager and City Secretary to Act as Authorized Signatories to Certify the Payment Request Form Required for Requesting Funds Approved in the 2023 Texas Community Development Block Grant – Downtown Revitalization Program Project #CDM23-0450. Max Seymour, Local Government Services Program Specialist for the Panhandle Regional Planning Commission presented Resolution No. 06-2024 for consideration. Mr. Seymour said adoption of the resolution would establish authorized officials to execute contractual documents and signatories for payment requests forms for the 2023 Downtown Revitalization Program Project #CDM23-0450. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to adopt Resolution No. 06-2024 as presented. Motion carried unanimously. RESOLUTION NO. 06-2024 A RESOLUTION OF THE CITY COMMISSION OF CANYON, TEXAS AUTHORIZING CITY REPRESENTATIVES IN MATTERS PERTAINING TO THE CITY’S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM City Commission Meeting March 18, 2023 Page 5 of 6 Item 13. Consider and Take Appropriate Action on Resolution No. 07-2024 Regarding Civil Rights and the Adoption of the Following Policies:  Excessive Force Policy  Section 504 Policy Against Discrimination and Grievance Procedures  Citizen Participation Plan and Grievance Procedures  Code of Conduct  Fair Housing Policy Max Seymour, Local Government Services Program Specialist for the Panhandle Regional Planning Commission presented Resolution No. 07-2024 for consideration. Mr. Seymour said adoption of the resolution established the City of Canyon’s support of the attached policies. After discussion, Commissioner Potter moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 07-2024 as presented. Motion carried unanimously. RESOLUTION NO. 07-2024 REGARDING CIVILS RIGHTS THE CITY OF CANYON, TEXAS Item 14. Consider and Take Appropriate Action on Presentation of Proclamation Designating April 2024 as Fair Housing Month in the City of Canyon. Mayor Hinders presented a proclamation designating April 2024 as Fair Housing Month in the City of Canyon. Mayor Pro-Tem Jones moved, duly seconded by Commission Potter to approve the Proclamation of the City of Canyon declaring April 2024 as Fair Housing Month in the City of Canyon, Texas. Motion carried unanimously. Item 15. Consider and Take Appropriate Action on Purchase of GoldStar Trust Building Located at 1908 4th Avenue, Canyon, Texas. City Manager Joe Price stated the City Commission would discuss the proposed purchase of the GoldStar Trust Building after Executive Session. Item 16. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.087 Regarding Economic Development, §551.072 Deliberations on Real Property and §551.074 Personnel Matters (IT Assistant). Mayor Hinders indicated the City Commission would adjourn into Executive Session at 5:42 pm. Item 17. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon Returning from Executive Session at 8:38 pm, the following action was taken. City Commission Meeting March 18, 2023 Page 6 of 6 Commissioner Lyons moved, duly seconded by Commissioner Potter to authorize the purchase of GoldStar Trust Building located at 1908 4th Avenue and to authorized Mayor Pro-Tem Jones to negotiate the contract. Motion carried with Mayor Hinders abstaining. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Potter to authorize the creation of a position and hiring of an additional IT fulltime staff member. Motion carried unanimously. Item 18. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 8:39 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary