City of Canyon Commission Meetings

City Commission Meeting September 17, 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, and Robyn Cranmer. Commissioner Danny Potter was unable to attend. Also present were the following City Staff: City Manager Joe Price, Director of Communications Megan Nelson, 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, Assistant Director of Public Works Tanner DeVenney, Water Superintendent Eric Whitten, Wastewater Superintendent John Poole, Director of Finance Joel Wright, Purchasing Manager Beau Boyer, Canyon Economic Development Director Stephanie Tucker, Municipal Court Judge Jennifer Cates, City Engineer Adolfo Garcia, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 4:37 pm. Item 2. Invocation. Mayor Pro-Tem Jones gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Cranmer. Item 4. Approval of the Minutes of the Meeting of September 3, 2024. Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the minutes of September 3, 2024 with correction to Item 12: Mayor Pro-Tem Jones indicated the City Commission would adjourn, not Mayor Hinders. Motion carried unanimously. Item 5. Public Comment – Comments from Interested Citizens. No Comments were made. Item 6. Presentation of Proclamation Recognizing September 2024 as “Hunger Action Month”. Mayor Hinders presented a Proclamation recognizing September 2024 as Hunger Action Month. Representatives from High Plains Food Bank, Fill with Hope and The Market on Tierra Blanca were present and commented on the needs of Canyon. Item 7. Update from West Texas A&M University President Dr. Walter Wendler. President of WTAMU, Dr. Walter Wendler, gave an annual update of activities at WT including WT leading a plan to modernize Panhandle-Plains Historical Museum and Pioneer Amphitheatre. Dr. Wendler said studies are being conducted to update the Panhandle Plains Historical Museum and the Pioneer Amphitheatre in Palo Duro Canyon that houses the musical Drama TEXAS with fundraising under way. City Commission Meeting September 17, 2024 Page 2 of 9 NOTE: Mayor Hinders moved to Item 15. Item 15. First 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. Canyon Economic Development Director Stephanie Price presented Resolution No. 20-2024 for the first of 2 required readings. 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. No action required, first reading only. 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. NOTE: Mayor Hinders moved to Item 8. Item 8. Consider and Take Appropriate Action on the Phantom Creek and Spring Canyon Contingency Agreement. Planning and Development Director Lucas Raley presented several agreements pertaining to Phantom Creek and Spring Canyon Subdivisions in Canyon. Jeff and Davy Hamilton approached the dais and thanked the City Commission, Planning and Development Director Lucas Raley, City Manager Joe Price, City Attorney Chuck Hester and all for the hard work put into the agreements coming together. Mr. Raley stated staff has worked with Jeff and Davy Hamilton, their engineer and legal team to negotiate the agreements presented for consideration that will establish a new subdivision and improve an existing subdivision providing lots for homes, businesses, local organizations, public infrastructure and recreational spaces. Mr. Raley said the first agreement, the Contingency Agreement, outlines all remaining agreements presented tonight for consideration and specifies that all documents must be executed collectively for any individual agreement to be valid. After discussion Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the Contingency Agreement for Phantom Creek and Spring Canyon developments, as presented, and authorize City Manager Joe Price to execute the agreement on behalf of the City of Canyon. Motion carried unanimously. City Commission Meeting September 17, 2024 Page 3 of 9 Item 9. Consider and Take Appropriate Action on the Phantom Creek Utility Extension Agreement, Annexation Services Agreement and Subdivision Waiver Request. Planning and Development Director Lucas Raley presented agreements for Phantom Creek consisting of a Utility Extension Agreement, Utility Annexation Services Agreement, and Subdivision Waiver Request for Concrete Cul-de-sacs Agreement. After discussion, the following motions were made: Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the Phantom Creek Utility Extension Agreement as presented, and authorize City Manager Joe Price to execute the agreement on behalf of the City of Canyon. Motion carried unanimously. Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the Phantom Creek Utility Annexation Services Agreement as presented, and authorize City Manager Joe Price to execute the agreement on behalf of the City of Canyon. Motion carried unanimously. Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the Phantom Creek Subdivision Waiver Request for Concrete Cul-de-sacs. Motion carried unanimously. Item 10. Consider and Take Appropriate Action on the Phantom Creek Groundwater Rights Sales Contract, Special Warranty Deed for Groundwater Rights, and Easement Agreement for Groundwater Rights. Planning and Development Director Lucas Raley presented Phantom Creek Groundwater Rights Sales Contract, Special Warranty Deed for Groundwater Rights, and an Easement Agreement for Groundwater Rights. After Discussion, the following motions were made: Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to approve the Phantom Creek Groundwater Rights Sales Contract as presented, and authorize City Manager Joe Price to execute the agreement on behalf of the City of Canyon. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to approve the Phantom Creek Special Warranty Deed for Groundwater Rights as presented, and authorize City Manager Joe Price to execute the agreement on behalf of the City of Canyon. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to approve the Phantom Creek Easement Agreement for Groundwater Rights as presented, and authorize City Manager Joe Price to execute the agreement on behalf of the City of Canyon. Motion carried unanimously. Item 11. Consider and Take Appropriate Action on the Spring Canyon Supplemental Development Agreement, Utility Extension Agreement, Participation Agreement for Spring Canyon Unit 4 and the Spring Canyon PKWY Bridge; and Subdivision Waiver Request. City Commission Meeting September 17, 2024 Page 4 of 9 Planning and Development Director Lucas Raley presented a Supplemental Development Agreement, Utility Extension Agreement, and Participation Agreement for Spring Canyon Unit 4 and the Spring Canyon PKWY Bridge; and a Subdivision Waiver Request for consideration. After discussion, the following motions were made: Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the Spring Canyon Supplemental Development Agreement as presented, and authorize City Manager Joe Price to execute the agreement on behalf of the City of Canyon. Motion carried unanimously. Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the Spring Canyon Utility Extension Agreement as presented, and authorize City Manager Joe Price to execute the agreement on behalf of the City of Canyon. Motion carried unanimously. Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the Participation Agreement for Spring Canyon Unit 4 and Spring Canyon PKWY Bridge as presented, and authorize City Manager Joe Price to execute the agreement on behalf of the City of Canyon. Motion carried unanimously. Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the Spring Canyon Subdivision Waiver for Concrete Cul-de-sacs as presented, and authorize City Manager Joe Price to execute the agreement on behalf of the City of Canyon. Motion carried unanimously. Item 12. Consider and Take Appropriate Action on the Spring Canyon Conveyance Agreement and Xcel Utility Easement. Planning and Development Director Lucas Raley presented a Conveyance Agreement and Xcel Utility Easement for Spring Canyon for consideration. After discussion, the following motions were made: Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to approve the Spring Canyon Conveyance Agreement as presented, and Authorize City Manager Joe Price to execute the agreement on behalf of the City of Canyon. Motion carried unanimously. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to approve the Xcel Utility Easement as an overlapping easement to the City’s existing pipeline easement as presented. Motion carried unanimously. Item 13. Consider and Take Appropriate Action on the Mayra Park Unit 1 Participation Agreement. Planning and Development Director Lucas Raley presented a Participation Agreement for Mayra Park Unit 1 for consideration. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the Mayra Park Unit 1 Participation Agreement as presented, and authorize City Manager Joe Price to execute the agreement on behalf of the City of Canyon. Motion carried unanimously. City Commission Meeting September 17, 2024 Page 5 of 9 Item 14. Consider and Take Appropriate Action on Resolution No. 21-2024, A Resolution Calling for a Public Hearing to be Held on October 15, 2024 to Hear Testimony Regarding the Setting of Water and Wastewater Impact Fee Land Use Assumptions, and Eligible Capital Improvement Plans for Water, Wastewater, and Roadway Systems in the City of Canyon. Planning and Development Director Lucas Raley presented Resolution No. 21-2024 for consideration. Mr. Raley explained Freese and Nichols (FNI) was hired as a consultant to perform a Capital Recovery Fee Study to identify expected growth in the City of Canyon over the next 10 years as well as needed infrastructure projects necessary to accommodate that growth. Mr. Raley said a potential fee structure would be calculated and presented to the City Commission for consideration as a tool to fund portions of infrastructure needed for the growth. Mr. Raley said Resolution No. 21-2024 establishes a Public Hearing during the City Commissions October 15th meeting allowing FNI to present the Land Use Assumptions, and proposed eligible Capital Improvement Plans for Water, Wastewater, and Roadways for Capital Recovery Fees to be collected. Mayor Pro-Tem Jones asked how this Public Hearing would be advertised. Mr. Raley said invitations would be sent out. Mayor Pro-Tem Jones said he wanted to see a social blast got out along with the invitations. Commissioner Cranmer commended staff on the work put into this project. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to adopt Resolution No. 21-2024 as presented. Motion carried 3-1 with Commissioner Lyons voting against. RESOLUTION NO. 21-2024 A RESOLUTION OF THE CITY COMMISSION OF CANYON, TEXAS, CALLING FOR A PUBLIC HEARING TO BE HELD ON OCTOBER 15, 2024 FOR THE PURPOSE OF HEARING TESTIMONY REGARDING THE SETTING OF WATER AND WASTEWATER IMPACT FEE LAND USE ASSUMPTIONS AND ELIGIBLE CAPITAL IMPROVEMENT PLANS FOR WATER, WASTEWATER, AND ROADWAY SYSTEMS IN THE CITY OF CANYON, TEXAS. Item 15. Item 15 was presented after Item 7. Item 16. Consider and Take Appropriate Action on Bids Received for Interstate Highway 27 Water Main Relocation Project. Assistant Director of Public Works Tanner DeVenney presented bids for the Water Main Relocation at Interstate Highway 27 as mandated by TxDOT due to the expansion project underway. Mr. DeVenney said bids were received and opened August 28th and included a base bid for the relocation of the existing water main and an alternate bid to install an additional water main to provide much needed redundancy. City Commission Meeting September 17, 2024 Page 6 of 9 Mr. DeVenney said five bids were received with the low bid received from Scott Wampler Construction for $633,800.00 and a completion of 90 days. Mr. DeVenney pointed out almost 100% of the cost is reimbursable by TxDOT. Mr. DeVenney said the low bid for the alternate bid was also submitted by Scott Wampler for $472,700.00 with a completion of 60 days. Mr. DeVenney stated this portion of the project is an unbudgeted expense and the City of Canyon is 100% responsible for, but completion of this portion of the project with the base bid should result in future cost savings by eliminating additional mobilization/demobilizations and boring costs. Mr. DeVenney said the total project cost is $1,106,500.00 with a total completion time frame of 150 days. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to award the Base Bid in the amount of $633,800.00 and the Alternate Bid in the amount of $472,700.00 for the I-27 Water Main Relocation and I-27 Redundant Water Main Project to Scott Wampler Construction with a total bid of $1,106,500.00 as recommended. Motion carried unanimously. BIDDER BASE BID ALTERNATE BID TOTAL BID TOTAL DAYS Scott Wampler Construction $633,800.00 $472,700.00 $1,106,500.00 150 West Texas Utilities $784,031.00 $632,898.00 $1,416,929.00 200 Amarillo Utility Contractors $908,810.00 $594,120.00 $1,502,930.00 200 RUTS Construction $996,266.00 $663,100.00 $1,659,366.00 165 MH Civil Constructors $1,116,000.00 $807,000.00 $1,923,000.00 270 Item 17. Consider and Take Appropriate Action Authorizing the City Manager to Act on Behalf of the City of Canyon to Execute the Disposal Agreement and the Bulky Waste Collection and Disposal Agreement Between the City of Canyon and Republic Services. Assistant Director of Public Works Tanner DeVenney presented agreements with Republic Services for Disposal and Bulky Waste Collection for the City of Canyon. Mr. DeVenney said this is renewal of the agreements with the last renewal taking place in 2015. Mr. DeVenney stated the Disposal Agreement includes terms and conditions for disposal of waste taken to Southwest Landfill by the City and Canyon Residents. Mr. DeVenney pointed out that residents of Canyon are allowed to take waste to the Landfill with proof of residency at no charge to them up to 12 times per year. Mr. DeVenney said the second agreement for Bulky Waste Collection and Disposal is for bulky waste collected by Republic and disposed of at Southwest Landfill every 10-12 weeks. Mr. DeVenney said this service covers the entire city with the exception of Hunsley Hills, Madison Park and Spring Canyon, which are picked up weekly by the Canyon Solid Waste Department. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to authorize the City Manager to act on the behalf of the City of Canyon to sign and execute the Disposal Agreement and the Bulky Waste Agreement between the City of Canyon and Republic. Motion carried unanimously. City Commission Meeting September 17, 2024 Page 7 of 9 Item 18. Consider and Take Appropriate Action on Grant Award for HMGP Project – Pump Station and Water Well Generators. City Manager Joe Price presented a Grant Award for HMGP Project – Pump Station and Water Well Generators. Mr. Price stated in order to meet the requirements of SB3 from the 87th Legislative Session (known as the Winter Storm Uri Bill) the grant for generators was applied for in June of 2022. Mr. Price said the city was notified August 29, 2024 the city received the grant. Mr. Price said the match was 75/25 when the application was sent in, but due to extra funding available, the match had been reduced to a 90/10 grant. Mr. Price stated the generator project is listed in the City of Canyon Hazard Mitigation Plan and in the Canyon Capital Improvement Plan and that the City is required by State Law to complete the installation of generators at key locations for the city’s water system; Kim Road Pump Station and 4 key wells. Mr. Price stated the 4th Street Pump Station already had electrical generation. Mr. Price said the total project cost is $867,312.40 with the City’s portion of 10% being $86,731.24 that has been allocated to the Canyon CIP Fund. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to accept the Hazard Mitigation Grant Award and authorize the Mayor to sign the award letter with the attached grant terms and conditions for the City of Canyon Water Utility Generator Project. Motion carried unanimously. Item 19. Consider and Take Appropriate Action on Tourism Services Agreement Between the City of Canyon and the Canyon Chamber of Commerce. City Manager Joe Price presented a Tourism Services Agreement between the City of Canyon and the Canyon Chamber of Commerce. Mr. Price said the City and Chamber have discussed the desire to see more tourism-based statistics to see how it is affecting our community and memorialize tourism activities provided by the Chamber. Mr. Price said 4 category work activities for this agreement were discussed: 1. Community Calendar 2. Hospitality Services and Materials; and, Enhancement of Canyon’s Public Image 3. Convention and Meeting Services 4. Community Even Planning/Coordination Mr. Price stated the contract is for a 2-year time period beginning October 1, 2024 with a $42,000 amount for each year, and work activities 1 and 2 would be paid monthly once reporting requirements have been received. After discussion, Commissioner Cranmer moved, duly seconded by Mayor Pro-Tem Jones to approve the Tourism and Promotional Services Agreement between the City of Canyon and the Canyon Chamber of Commerce. Motion carried unanimously. Item 20. Consider and Take Appropriate Action on Purchase of Backhoe for the Water Department. Purchasing Manager Beau Boyer presented a request to purchase a CAT Backhoe from Warrant CAT for the Water Department. Mr. Boyer said the current backhoe is 10 years old and used 3-4 City Commission Meeting September 17, 2024 Page 8 of 9 days a week. Mr. Boyer stated $185,885 is budgeted in the 2024-2025 budget. Mr. Boyer provided a cost breakdown: Sales Price $257,885.00 Trade-in Allowance $72,000.00 Net Purchase Price $185,885.00 24-25 Budgeted Purchase $185,885.00 After discussion Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to authorize the purchase of a backhoe from Warren CAT in the amount of $185,885. Motion carried unanimously. Item 21. Consider and Take Appropriate Action on Resolution No. 19-2024, A Resolution by the City of Canyon, Texas (“CITY”) Denying Southwestern Public Service Company’s Proposed Surcharge in Connection with Final Rates Approved Related to Its Statement of Intent Submitted on About February 8, 2023; Authorizing the City’s Continued Participation with Other Cities in the Alliance of Xcel Municipalities (“AXM”) and Participation in Related Rate Proceedings; Authorizing the Hiring of Attorneys and Consultants; Requiring Reimbursement of Reasonable Legal and Consultant Expenses; Finding That the Meeting Complies with the Open Meetings Act; Making Other Findings and Provisions Related to the Subject. City Manager Joe Price presented Resolution No. 19-2024 for consideration for Denying Southwestern Public Service Company’s proposed surcharge in connection with the final rates approved in February 2023 as recommended by the Alliance of Xcel Municipalities. After discussion, Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to adopt Resolution No. 19-2024 as presented. Motion carried unanimously. RESOLUTION NO. 19-2024 A RESOLUTION BY THE CITY OF CANYON, TEXAS (“CITY”) DENYING SOUTHWESTERN PUBLIC SERVICE COMPANY’S PROPOSED SURCHARGE IN CONNECTION WITH FINAL RATES APPROVED RELATED TO ITS STATEMENT OF INTENT SUBMITTED ON ABOUT FEBRUARY 8, 2023; AUTHORIZING THE CITY’S CONTINUED PARTICIPATION WITH OTHER CITIES IN THE ALLIANCE OF XCEL MUNICIPALITIES (“AXM”) AND PARTICIPATION IN RELATED RATE PROCEEDINGS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. City Commission Meeting September 17, 2024 Page 9 of 9 Item 22. Executive Session Pursuant to §551.071 Consultation with Attorney, and §551.074 Personnel Matters (Evaluations for City Attorney, Municipal Court Judge, and City Manager). Mayor Hinders indicated the City Commission would adjourn into Executive Session at 6:16 pm. Item 23. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon Returning from Executive Session at 10:05 pm, the following action was taken. Mayor Pro-Tem Jones moved, duly seconded by Commissioner Cranmer to provide a 3% raise for the City Attorney and Municipal Court Judge. Motion carried unanimously. Item 24. Adjourn. There being no further business, Mayor Pro-Tem Jones moved this meeting be adjourned at 10:08 pm. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary